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Racism

Over the past decade, there has been a surge of activities by Commissioners, the OSCE, and OSCE Parliamentary Assembly (PA) on issues related to heightened racist violence, including against Roma and People of African Descent in Europe and North America. 

Commission efforts have included annual hearings, legislation and inter-parliamentary initiatives on topics from combating hate crimes to discrimination in the OSCE region and OSCE Partner States.  For more than three decades, Commissioners have led U.S. Congressional efforts to address anti-Roma discrimination and violence. Commissioner initiatives, including OSCE PA resolutions, also set the stage for the OSCE’s creation in 2004 of three Personal Representatives focused on combating racism and xenophobia, anti-Semitism, and religious discrimination; and the creation of the Tolerance and Non-Discrimination (TND) Office within ODIHR, which annually collects hate crimes data and provides training and assistance to police, prosecutors, and civil society to combat prejudice and discrimination.  

In addition to holding regular hearings with the three Personal Representatives, head of the TND Office, and the Senior Advisor on Romani issues, since 2007, the Commission has held events on racism in the 21st century, hate crimes, racial profiling, Roma, Black Europeans, minorities in France, minority political participation, and refugees and migrants. Commissioners maintain robust engagement with civil society, including those working on these issues.

Commissioners have also served as keynote speakers at OSCE High Level Tolerance and Non-Discrimination Conferences; authored OSCE PA resolutions on combating racism and fostering diversity; and worked closely with OSCE Chairmanships and the U.S. Mission to the OSCE to support anti-racism efforts such as the OSCE/ODIHR first “Roundtable on the contemporary forms of racism and xenophobia affecting people of African Descent in the OSCE region” in 2011.  Follow-on initiatives have included a 2013 OSCE delegation of sixteen African Descent civil society leaders. 

Other Commissioner initiatives have included joint efforts with European Parliamentarians to advance inclusive governance through regular Transatlantic Minority Political Leadership events at the European Parliament, and with the State Department and German Marshall Fund to advance young diverse and inclusive leaders through the Transatlantic Inclusion Leaders Network. Commissioner's legislative efforts in the U.S. Congress have included the introduction of the U.S-EU Joint Action Plan to combat prejudice and discrimination and African Descent Affairs Act.

Staff Contact: Mischa Thompson, senior policy advisor

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  • The State of (In)visible Black Europe: Race, Rights, and Politics

    This hearing highlighted the racism and discrimination faced by Black Europeans.  Witnesses discussed the contributions Blacks have made to Europe and the root causes of this racism and discrimination, particularly the role of the colonial dynamic.  Witnesses and Commissioners mentioned the parallel between the United States and discussed how Europe could learn from America’s experiences fighting similar problems.

  • Helsinki Commission Delegation Visits Prague and Bratislava

    By Erika B. Schlager, Counsel for International Law Prior to participating in the Winter Meeting of the OSCE Parliamentary Assembly in Vienna, Austria, Senator Benjamin Cardin (D-MD), the Co-Chairman of the U.S. Helsinki Commission, led a Congressional delegation to Prague, the Czech Republic, from February 18-20. In Prague, he was joined by Chairman Alcee Hastings (D-FL), Commissioner Louise McIntosh Slaughter (D-NY) and Congressman Michael McNulty (D-NY). Chairman Hastings also traveled to Bratislava, Slovakia, for additional meetings on February 21, where he was joined by Commissioner Hilda L. Solis (D-CA). In the Czech Republic, the delegation met with representatives of the Jewish community and toured the historic Jewish quarter in Prague, which dates back to the Middle Ages. The delegation discussed recent anti-Semitic manifestations, most notably a large demonstration organized last November on the anniversary of Kristallnacht, and other planned demonstrations by extremists. Although Czech civil society has strongly countered these demonstrations, local officials have struggled to find the appropriate balance between respect for freedom of speech and freedom of assembly and their desire to combat anti-Semitism and manifestations of other forms of intolerance. The delegation also held a round-table discussion with leading civil society and Romani activists. Their discussions touched on past instances of sterilizing Romani women without informed consent, and discrimination against Roma in education, housing and employment. It was noted that victims of wrongful sterilization practices have been advised by government officials to seek redress from the courts, even though most cases will be barred by statutes of limitations. The delegation held official meetings with the President of Senate, Premysl Sobotka, and other members of the Czech Senate; Deputy Foreign Minister Jan Kohout; representatives of the Government Council for Human Rights; and Otakar Motejl, the Public Defender of Rights (also known as the Ombudsman). In these meetings, delegation members expressed concern about the unresolved property claims of Americans who were excluded by the legal framework for property restitution previously adopted by the Czech Republic. They urged Czech officials to protect freedom of speech and assembly, while demonstrating sensitivity for dates or sites of particular importance to the Jewish community. With respect to the situation of the Romani minority, the delegation expressed concern for the victims of past sterilization without informed consent. They urged the Czech Government to take concrete steps to improve the situation of Roma, including through the adoption of comprehensive anti-discrimination legislation. Discussions with Czech officials also touched on bilateral or regional issues, including Kosovo’s declaration of independence and managing relations with Russia. While in Prague, the delegation also met with President of Radio Free Europe/Radio Liberty Jeffrey Gedman, toured the broadcasting facility, and held a press conference at the RFE/RL headquarters. In Slovakia, Chairman Hastings and Commissioner Solis met with leading political analysts to hear a broad discussion of political developments and trends, including concerns regarding proposed legislation on non-governmental organizations and on the media. During a round-table discussion with Romani activists, participants discussed the need to translate the government’s program into concrete action, and the particular challenge of translating national policies into change at the local level. The delegation also met with Foreign Minister Jan Kubis, Deputy Prime Minister Dusan Caplovic (who has responsibility for, i.a., human rights issues), and a group of parliamentarians, including representatives of opposition parties. In their meeting with Minister Caplovic, Chairman Hastings urged the Slovak Government to acknowledge the past sterilization without informed consent of Romani women. In other meetings, the delegation also expressed concern about the adoption by the parliament of resolution honoring Andreij Hlinka, who died in 1938 but whose nationalist leadership set the stage for Slovakia’s WWII alliance with Nazi Germany and the deportation of its Jewish citizens.

  • Commission Staff Participates in Conference on Roma; Greece Slated to Serve as OSCE Chair in 2009

    By Erika B. Schlager Counsel for International Law U.S. Embassy in Athens Organizes Conference on Romani Issues On February 29, Helsinki Commission staff participated in a conference on Romani issues organized by the U.S. Embassy in Athens, Greece, primarily for human rights officers from U.S. Embassies in Europe. The conference was designed to improve understanding of Romani minority concerns, and to allow human rights officers to share information and ideas related to their congressionally mandated human rights reporting obligations. The conference underscored the strong interest of the United States in the situation of Romani minority communities throughout the OSCE region and provided a useful opportunity for human rights officers to improve their knowledge of this minority group’s history and experiences. Roma now constitute the largest ethnic minority in the European Union. The conference was opened by the United States Ambassador to Greece, Daniel Speckhard. Andrzej Mirga, the senior advisor for Romani issues with the OSCE Office for Democratic Institutions and Human Rights (Warsaw) and Helsinki Commission staff served as speakers during the morning session. Panayote Dimitras of the Greek Helsinki Monitor spoke during a working lunch. In the afternoon, Embassy officials from various posts led “best practices” discussion groups – although it proved more difficult to identify such practices than one might have hoped. Commission Staff Visit Romani Shanty Towns On the margins of the conference, Commission staff held meetings on Romani issues with representatives of the Greek Ministry of Foreign Affairs’ Division for International Human Rights, Refugees, and Immigration; the Ombudsman for Human Rights; the Ministry of Interior; and the Ministry of Education. In addition, staff visited several Romani shanty towns in the Athens region, including the infamous Aspropyrgos camp. Greece does not recognize any groups as “minorities” other than those few formally recognized under the 1923 Treaty of Lausanne (primarily the Muslims of Western Thrace). Accordingly, Roma are not considered an ethnic minority but a “socially vulnerable group.” It is estimated that there are roughly 150,000-300,000 Roma in Greece, out of a population of 11-million-plus. This population largely consists of indigenous Greek Roma, but also includes some Roma who have migrated from Albania in recent years. Greece does not count people according to ethnic affiliation or identity on its national census. Roma in Greece face problems similar to those faced by Roma in other countries. In recent years, Romani plaintiffs have successfully brought cases against Greece before the European Court of Human Rights, including for ill-treatment or excessive use of force by the police. Non-governmental organizations have also been particularly concerned by the deplorable conditions in some Romani shanty towns and the lack of equal access to education and the ability of Roma to obtain documents. The Council of Europe’s Commissioner for Human Rights, Thomas Hammarberg, has also expressed concern about forced evictions of Roma. Helsinki Commission Co-Chairman Benjamin L. Cardin and Commissioner Louise McIntosh Slaughter participated in a Helsinki Commission delegation to Greece in early 1998, and met with (among others) Romani representatives. Greece Slated to Serve as OSCE Chair Greece is slated to serve as Chair of the OSCE in 2009; Kazakhstan has been selected to serve in that position in 2010. Finland serves as the current OSCE Chair-in-Office. At his inaugural address to the OSCE Permanent Council in January, Finnish Foreign Minister Ilkka Kanerva stated, “More can be done also to fight discrimination against Roma and Sinti. I count on all participating States to renew their commitment to implementing the recommendations in the OSCE Action Plan of 2003.” Finland plans to schedule one of this year’s three Supplementary Human Dimension Meetings on Romani human rights issues.

  • Human Rights, Civil Society, and Democratic Governance in Russia: Current Situation and Prospects for the Future

    This hearing, chaired by Helsinki Commission Chairman Hon. Sam Brownback and Ranking Member the Hon. Benjamin Cardin, focused on the tumoltuous developement of human right in Russia. For the past few years, a series of events in Russia has given cause for concern about the fate of human rights, civil society, and democratic governance in that country. Of particular concern is the recent promulgation of a law establishing greater governmental control over NGOs and an attempt by the Russian secret services to link prominent Russian NGOs with foreign intelligence services. Newsweek International wrote in its February 6, 2006 issue: “The Russian secret service is acting more and more like the old KGB.” At the same time, the Russian Federation accedes this year to the chairmanship of the Group of Eight Industrialized Nations (G-8), and will chair the Council of Europe Committee of Ministers beginning in May 2006.  

  • Continuing the Fight: Combating Intolerance and Discrimination against Muslims

    By Mischa Thompson, PhD, Staff Advisor The Cordoba conference was the first OSCE event to solely focus on the experiences of intolerance and discrimination against Muslim communities within the OSCE. Despite concerns that the conference took place during Ramadan and was primarily planned by the Spanish Chair-in-Office (CiO), the event offered an important forum for highlighting and addressing a range of concerns from both OSCE Participating States and the Muslim community. While questions of what form OSCE follow-up efforts will take remain, the need for such a conference was underscored by the multitude of concerns raised at the conference as well as current events highlighting existing tensions between Muslim and non-Muslim communities within and between OSCE Participating States. With estimates of 20 million Muslims in Western Europe and 14-23 million Muslims in Russia, Muslims are often cited as the largest religious minority in Europe and Islam as the fastest growing religion. Spain, in particular is experiencing an unprecedented growth in its immigrant population with the majority being Muslims. While Muslim communities’ experiences of prejudice and discrimination within many parts of the OSCE are not new, following the terrorist attacks in Madrid, London, and the United States, many participating States have increased their focus on the Muslim community amidst security and immigration concerns. In this context, the conference was planned by the Spanish CiO to address the historical and contemporary causes and consequences of intolerance against Muslims and the use of media, education, and other strategies to address the problem. In particular, five themes dominated the discussions: “Islamophobia”: Participants were concerned by the use of the term Islamophobia, which currently describes attitudes and behaviours ranging from hate crimes to housing discrimination and has led to unclear and inconsistent use. Several participants noted that the term leads all problems experienced by Muslims to be viewed as religious based, when race, culture, and socio-economic factors have also been cited as reasons for tensions and problems. Notably, the Holy See cautioned against only religious approaches and argued for increased attention on migration and culture. Gender equality: Participants raised concerns that gender equality issues were often confined to discussions about forced marriages, honor killings, and head scarves and other dress, while ignoring everyday experiences of discrimination, for example in employment. It was suggested that Muslim women were often politicized to exacerbate differences between Muslims and others, but often did not actually address the realities of Muslim women or serve to benefit them. Integration: Many Participating States highlighted changes to or the creation of integration policies and programs to address concerns voiced by Muslim communities. Several civil society groups noted that some of these efforts did not address: 1) the issues of xenophobia and racism exhibited by hate crimes and employment and housing discrimination that target even ‘integrated’ immigrants – i.e., those who are citizens, speak the language, hold college degrees, etc. and 2) that some of these policies were inherently discriminatory in that they only applied to Muslims and not other migrant populations. It was stressed that integration and discrimination policies be discussed together and that Muslim populations be able to participate in the decision-making process of the development of these policies in some capacity. Stereotypes: Concerns surrounding monolithic image of Muslims, such as all women wearing head scarves and all men being terrorist were highlighted. Mechanisms for addressing these stereotypes included ensuring that school textbooks accurately reflect the history of migration and Islam and Muslims in the world, especially in cases where religion is taught in schools. ‘Cultural competence’ and other diversity or sensitivity training for teachers and media was suggested. Several speakers suggested that aims to utilize “moderate Muslims” for public platforms had the potential to backfire by not being seen by Muslims as ‘true representatives’ and also serving to reinforce a non-existent, yet stereotypical dichotomy between ‘good’ and ‘bad’ Islam. Hate Speech: The need to strike a balance between protecting freedom of speech and the protection of vulnerable groups and individuals was discussed. Despite calls for defamation of religion laws, it was generally recommended that publicly speaking out and unequivocally condemning intolerant speech, not legislating against it, was the best response. Self-regulation, codes of conduct, internet monitoring and training for the media and other sectors of society, including the positive involvement of political leaders, was discussed as a means to best counter hate speech. The Conference ended with a declaration drafted by the Spanish CiO, which: reaffirmed that racism, xenophobia, anti-Semitism, discrimination against Christians, and discrimination against Muslims, are against the core OSCE commitments, offered support for the three Personal Representatives, and, called upon the Office for Democratic Institutions and Human Rights (ODIHR) to strengthen the work of its Tolerance and Non-Discrimination Program on intolerance and discrimination against Muslims. The conference was preceded by a one-day Civil Society Preparatory Meeting hosted by the Spanish CiO with the goal of providing NGOs with an opportunity to prepare recommendations to be presented to the Cordoba conference. Of great concern were allegations that the Spanish CiO attempted to restrict the participation of NGOs in the preparatory meeting and at the Cordoba conference at a time when human rights defenders have increasingly been under attack within the OSCE. Generally, because there was such interest by participating States to speak during the opening sessions of the conference, there was little time to adequately discuss solutions to many of the issues on the Cordoba Conference agenda. While this suggests the need for a follow-up OSCE conference as proposed by the OSCE Mediterranean Partner, Algeria, few participating States explicitly outlined whether and how the OSCE should implement efforts discussed at the conference. Further consideration should therefore be given for ways to ensure the expeditious implementation of mechanisms that combat intolerance towards Muslims within the OSCE. This assertion was underscored one week later at a University of Michigan conference entitled, “Islamophobia/Islamophilia: Beyond the Politics of Enemy and Friend” where Muslim and non-Muslim scholars from around the world addressed the global security implications and human rights concerns associated with not successfully combating prejudice and discrimination against Muslims and mischaracterizations of Islam.

  • Introducing Legislation to Honor Theodor Criveanu for Saving Romanian Jews During the Holocaust

    Madam Speaker, I am pleased to rise today to introduce legislation with my colleagues and friends Representatives Dan Burton, Chris Smith, andLinda Sanchez that will properly recognize the selfless efforts to save innocent lives during the Holocaust of Theodor Criveanu and all other righteous individuals.  Non-Jews who sacrificed their lives in an effort to save Jews from their fate at the Nazi's hands are known to the world as the ``Righteous Persons.'' The most renowned among these righteous persons is probably Oscar Schindler. Oscar Schindler should rightly be recognized as the altruistic and extraordinarily courageous non-Jew who saved more Jewish lives from the gas chambers than any other.  But many other brave individuals risked their lives by rescuing Jews during the Holocaust that have still yet to be recognized.  Thousands of these hero's stories have remain untold because the Nazis mercilessly ended their lives. For those that survived the Holocaust and for those that did not, I rise today to honor their heroism and their memory.  In 1963, Yad Vashem, the Holocaust Martyrs' and Heroes' Remembrance Authority in Israel, initiated a worldwide project to grant the title of Righteous Among the Nations to individuals who were not Jewish and who risked their lives to rescue and protect Jews and others during the Holocaust. To date, more than 21,000 heroic individuals have been honored as Righteous Among the Nations.  Theodor Criveanu was one of such courageous righteous individuals.  When serving as a reserve officer in the Romanian military, he was assigned the task of presenting military authorities with a list of Jews who would be given work permits to work in the ghetto instead of being deported to Transnistria. Risking his life to defy Nazi orders, Mr. Criveanu secretly issued work permits in numbers that exceeded the work permit quota and to Jews who were not essential to the workforce, saving countless of innocent Jewish lives.  The brave efforts of Mr. Criveanu have not gone unnoticed. On August 8, 2007, Yad Vashem named Theodore Criveanu as Righteous Among the Nations, posthumously honoring him for his courageous work to block the deportation of Romanian Jews to Nazi death camps.  Today I rise to honor these individuals for their bravery and humanity. Mr. Criveanu and other such individuals deserve to be remembered and revered by the United States Congress.

  • Support for the Museum of the History of Polish Jews Act of 2007

    Mr. HASTINGS of Florida. Mr. Speaker, I rise today to support H. Res. 3320, introduced by my friend and colleague, Mr. SMITH of New Jersey. This bill would authorize the United States to provide $5 million to assist in the development of the permanent collection of the Museum of the History of Polish Jews.  This past May, I had the opportunity to travel to Poland and, while there, met with Jerzy Halbersztadt, the director of the museum, and Ewa Wierzynska, the deputy director. The museum they are helping to establish is truly an historical undertaking and one that deserves the support of the United States.  Warsaw was once home to the largest Jewish community in Europe, and if we are to truly understand what was lost in the Holocaust, we must try to wrap our minds not only around the figure of 6 million, but around the 1,000 years of Polish Jewish life that preceded that tragedy. Poland is not only a place where Jews died, but a place where they lived and flourished. Moreover, it is estimated that 80 percent of all Jews and over nine million Americans trace some of their ancestry to the Polish Jewish community. This museum has the potential to touch the lives of our own citizens in deeply personal ways.  As chairman of the Helsinki Commission, I am heartened by the educational role this museum can play in fulfilling the goals that the OSCE participating States have undertaken in the field of combating anti-Semitism. I believe this museum will contribute to tolerance and mutual respect in Poland, will help counter the broader phenomenon of anti-Semitism in Europe, and will serve as an inspiration to the thousands of visitors who will come every year. The historical record of the Polish Jewish community must be preserved and shared with future generations.  Unfortunately, my own schedule did not permit me to return to Poland for the June 26 groundbreaking ceremony for the museum, which will be located in the heart of the pre-World War II Jewish district and next to the monument to the Jews who resisted the Nazis during the 1943 ghetto uprising. However, I did send a member of the Helsinki Commission staff, who witnessed firsthand the extraordinary turnout for this event. Among those present was the Chief Rabbi of Tel Aviv Meir Lau, whose parents were from Poland and who suggested that invited Iranian President Mahmoud Ahmadinejad, who has denied the Holocaust, be among the first to visit the museum.  I don't know if the Iranian President will accept this invitation, but I have no doubt that many Americans will be among the 500,000 people who are expected to visit the museum on an annual basis. I urge my colleagues to join me in supporting this extraordinary museum, with an extraordinary mission.

  • Combating Hate Crimes and Discrimination in the OSCE

    Congressman Alcee L. Hastings (D-FL), Chairman of the CSCE, held a briefing on hate crimes and discrimination in the OSCE region.  Joining Chairman Hastings at the dais were Helsinki Commissioners Senator Gordon Smith (R-OR) and Congresswoman Hilda Solis (D-CA).  The briefing focused on intolerance and discrimination within the 56 countries that make up the Organization for Security and Cooperation in Europe (OSCE).  Congressman Hastings emphasized the discrimination against the Roma and other minorities of Turkish, African, and south Asian descent when they attempt to apply for jobs, find housing, and get an education The panel of speakers – Dr. Dou Dou Diene, United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia, and related intolerance; Dr. Tiffany Lightbourn, Department of Homeland Security, Science & Technology Directorate; and Mr. Micah H. Naftalin and Mr. Nickolai Butkevich, UCSJ: Union of Councils for Soviet Jews – spoke of the rising popularity of right-wing extremist party, who espouse vicious anti-Semitic slogans and appeal to a 19th century form of European ethnic identity.  In addition, Urs Ziswiler, the Ambassador of Switzerland, attended the briefing and commented on the rise in xenophobic views in Switzerland.  

  • OSCE Chairman Addresses Helsinki Commission in Advance of Madrid Ministerial

    By Ronald J. McNamara, International Policy Director Spain’s Foreign Minister, Miguel Angel Moratinos, appeared before the Helsinki Commission on October 29, in his capacity as Chairman-in-Office of the Organization for Security and Cooperation in Europe, to discuss developments in the 56-nation OSCE before ministers meet in Madrid in late November. Similar hearings with the top political leader of the Vienna-based organization have been convened annually since 2001. Finland will assume the year-long chairmanship beginning in January. In prepared remarks, Commission Chairman Alcee L. Hastings noted, “While the participating States may share a common view of Europe on paper, translating that vision into reality is another matter altogether. While all OSCE commitments have been agreed to by all of the countries, the fact is that there are human rights commitments that have been on the books for many years that would not be agreed to by some today. Indeed, the OSCE, and its precursor, the CSCE, have served as barometers for relations among the participating States. Frankly, the current barometric pressure is low, signaling a likely impending storm.” Commission Co-Chairman Benjamin L. Cardin, also in a prepared statement, commended the Government of Spain for organizing the 2005 Córdoba Conference on Anti-Semitism and on Other Forms of Intolerance. He noted that the Helsinki Commission has been particularly active in the face of the spike of anti-Semitism and related violence in the OSCE region. “We appreciate your efforts to keep this important issue on the OSCE agenda with the reappointment of the personal representative on different aspects of tolerance as well as the related conferences convened this year in Bucharest and Córdoba,” said Cardin. The October 2007 Córdoba Conference focused on intolerance and discrimination against Muslims, a priority concern of the Spanish chairmanship. Commissioner Louise McIntosh Slaughter, who chaired the hearing, expressed particular appreciation for the Minister’s recognition of the distinctive contributions of parliamentarians to the Helsinki process. Slaughter has been a long-time active participant in the OSCE Parliamentary Assembly. She welcomed the timeliness of the hearing and recognized the complicated dynamics evident in the lead up to the Madrid Ministerial. “I know you have an ambitious agenda for the Madrid meeting and the Russians and others may complicate your work given the OSCE rule requiring consensus,” she said, continuing, “over the years, I have appreciated the opportunity to work closely with fellow parliamentarians from throughout the OSCE region, from Vancouver to Vladivostok. The OSCE PA has provided important leadership on issues from combating anti-Semitism and other forms of intolerance to promoting projects aimed at protecting the environment, to combating the scourge of human trafficking and advancing security among the participating States.” As one of Congress’ leading voices on equal rights for women, Commissioner Slaughter also commented on the OSCE PA’s trailblazing work in this area, as well. Moratinos’ testimony covered a wide range of accomplishments during the Spanish chairmanship as well as the numerous outstanding and potentially contentious issues on the OSCE’s agenda. On Kosovo, the Minister stressed, “We have managed over the years to maintain a neutral and unbiased position in regard to the status of Kosovo and the communities recognize this effort of OSCE. While the OSCE is not directly involved in the status negotiation, we are, as OSCE, contributing to the process of creating the necessary conditions on the ground for the implementation of the status settlement.” In response to a query from Slaughter about a possible unilateral declaration of independence by Kosovo and the prospects for renewal of OSCE’s current mandate covering operations in Kosovo which expires at year’s end, Moratinos stressed that “it's very important that OSCE maintain its engagement in Kosovo, whatever is going to be the future status. We are ready to stay in Kosovo in order to focus on monitoring protection of the rights of communities, particularly regarding the centralization and the protection of cultural and religious sites.” With regard to longstanding conflicts in the OSCE region, the OSCE Chairman-in-Office pointed to the Organization’s continuing work to facilitate a settlement on the Transnistrian issue in Moldova, through participation in the "five-plus-two" negotiations. Regarding the Nagorno-Karabakh conflict, he reported that while ongoing mediation efforts by the OSCE Minsk Group have not resulted in a breakthrough in the settlement process, the parties nevertheless remain committed to continuing the negotiations. Moratinos cited concern over serious incidents both in Abkhazia and the zone of the Georgian-Ossetian conflict. He discussed the chairmanship’s efforts in the aftermath of the August 6th missile incident between Russian and Georgia, stressing the need for forward-looking measures to build confidence between the two OSCE countries and avoid similar incidents in the future. Turning to Afghanistan, the OSCE's newest Partner for Cooperation, Slaughter remarked, “When I first flagged the concerns regarding the problems in Afghanistan in the OSCE context, some people said ‘that isn't our concern, it's outside the OSCE region.’ Well, one of the lessons of September 11 is that events in seemingly faraway lands do matter for the people there and ultimately for our own security.” Moratinos, in response, said “The situation in Afghanistan continues to have a substantial impact on security in Central Asia. In this respect, the OSCE is considering a serious border management project, particularly in Tajikistan. We hope to encourage counterparts in Afghanistan in these border related activities.” Spain is proposing an informal discussion on the margins of the Madrid Ministerial on the OSCE’s role in promoting the stability and future of Afghanistan. Slaughter referred to a recent meeting she had with Afghanistan’s President Karzai in which she underscored the importance of the movement of women in that country and the benefits of educating his young Afghan girls. An outspoken supporter of Kazakhstan’s longstanding bid to chair the OSCE, Moratinos remarked, “this bid has been welcomed by all members of the Organization and we hope and we are sure that this is an excellent opportunity for Kazakhstan, Central Asia, and the OSCE as a whole. For now, there is not a final consensus regarding the date of the chairmanship by Kazakhstan, but as Chairman-in-Office, Spain is actively seeking to build a consensus amongst all OSCE states on this important decision for the Organization.” Broaching concerns over observation of upcoming parliamentary elections in the Russian Federation scheduled for December 2, Commissioner Slaughter cited remarks by a senior Russian elections official suggesting that there would be a numerical limit to the number of international observers, including OSCE observers to 400 in total. Slaughter pointed out that the OSCE alone deployed over 450 in 2003 for the last election to the State Duma, Russia’s parliament. In response, Moratinos stated, “If there is a danger in the debate of election observation, it is that some participating States, to a certain extent, would like to shift the discourse away from commitments and the fulfillment, or lack of fulfillment. We find it unhelpful to call into question the well established OSCE practice on election observation, which so far has proved most fruitful. In this respect, it is our concern that the announcement made by the Russian representative in Vienna indicating that the invitation to observe the Duma election would be ‘ala carte.’” On the thorny issue of Russian intransigence in the OSCE, Ranking Minority Member Christopher H. Smith, in a prepared statement, underscored that the power of ideas remains a meaningful force today as witnessed by the drama being played out in the arena of the OSCE between those committed to pluralistic democracy and those pursuing authoritarianism, euphemistically termed “managed democracy, and dictatorship, as in Belarus and others. “Compromising on core values or watering down longstanding commitments is not the solution to the current impasse. Rather, our responsibility is to remain steadfast to these values and principles to which all participating States – including those now recalcitrant – have promised to uphold in word and deed,” warned Smith. Moratinos concluded by focusing on the future of the OSCE against the backdrop of discontent among some participating States, notably Russia, Belarus and like-minded countries with some of the activities of the Organization and its direction as well as uncertainty over sustained funding of OSCE, including potential gaps between U.S. rhetorical support and actual commitment of resources. On the former, the Minister suggested that perhaps the time was ripe for the convening of an OSCE summit meeting of Heads of State or Government from the participating States. The last OSCE summit was held in Istanbul, Turkey, in 1999. Skeptics might question the prudence of organizing a summit now, given the acrimony over fundamental aspects of the OSCE standing in stark contrast to the 1990 Paris Summit which opened a new chapter in the Helsinki process firmly rooted in a commitment to pluralistic democracy and free and fair elections. On the question of U.S. funding of OSCE, Moratinos voiced concern over “some rumors” regarding possible cuts in support and enlisted the support of members of the Helsinki Commission in addressing the matter. “I know that the Helsinki Commission plays a unique role as a forum for debate on the burning issues of the day facing the OSCE and the region. In so doing, this Commission pays unique tribute to the longstanding and continued engagement by the United States with the OSCE and the values that underpin it,” said Moratinos.

  • U.S. Delegation Initiatives Win Wide Approval at OSCE Parliamentary Assembly Meetings in Kyiv

    By Robert Hand, Staff Advisor More than 200 parliamentarians from throughout the OSCE region, including 13 members of the U.S. Congress, assembled in Kyiv, Ukraine from July 5 to 9, 2007 for the convening of the Sixteenth Annual Session of the OSCE Parliamentary Assembly (OSCE PA). Also in attendance were representatives from several Mediterranean Partners for Cooperation countries, and delegates representing Afghanistan, the newest country designated by OSCE as a Partner for Cooperation. The U.S. Delegation was led by the Chairman of the (Helsinki) Commission on Security and Cooperation in Europe, Representative Alcee L. Hastings (D-FL), a past president of the OSCE PA serving as President Emeritus. Commission Co-Chairman, Senator Benjamin L. Cardin (D-MD) co-chaired the delegation. House Majority Leader Steny H. Hoyer (D-MD), a past Commission chairman and the highest ranking Member of Congress ever to attend an annual session, also participated, joined by the Commission’s Ranking Republican Member, Rep. Christopher H. Smith (R-NJ) and Reps. Louise McIntosh Slaughter (D-NY), Robert B. Aderholt (R-AL), Mike McIntyre (D-NC), Hilda L. Solis (D-CA), G.K. Butterfield (D-NC), Marcy Kaptur (D-OH), Michael R. McNulty (D-NY), Doris Matsui (D-CA), and Gwen S. Moore (D-WI). The designated theme for this year’s Annual Session was “Implementation of OSCE Commitments.” Assembly President Göran Lennmarker (Sweden) opened the Inaugural Plenary Session which included an address by Ukrainian President Viktor Yushchenko, who stressed Ukraine’s commitment to democratic development. The OSCE Chairman-in-Office, Spanish Foreign Minister Miguel Angel Moratinos, also addressed the plenary and responded to questions from the parliamentarians. Starting Off at the Standing Committee At the start of the Annual Session, Chairman Hastings participated in the meeting of the OSCE PA Standing Committee, the leadership body of the Assembly composed of the Heads of Delegations of the 56 OSCE participating States and the Assembly’s officers. He presented a summary of his activities as Special Representative on Mediterranean Affairs, including his visits in June to Israel and Jordan. During the Kyiv meeting, he also convened a special meeting on the Mediterranean Dimension of the OSCE, attended by approximately 100 parliamentarians from Algeria, Egypt, Israel, Jordan, and the participating States. Ongoing Committee Work Members of the U.S. Delegation were active in the work of the Assembly’s three General Committees: Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions. The committees considered their respective resolutions as well as nine “supplementary items,” additional resolutions submitted before the session. Senator Cardin introduced a supplemental item on “Combating Anti-Semitism, Racism, Xenophobia and other forms of Intolerance against Muslims and Roma.” Seven other U.S. delegates introduced and secured passage of a total of 25 U.S. amendments to the various committee resolutions and supplementary items, including Chairman Hastings and Majority Leader Hoyer on OSCE election observation; another Hastings amendment on past use of cluster bombs; Smith and McIntyre amendments regarding trafficking in persons; another McIntyre amendment on Belarus; Solis amendments on migration; Moore amendments on the use of “vulture funds,” and a Butterfield amendment on human rights. The U.S. Delegation was also instrumental in garnering necessary support for supplementary items and amendments proposed by friends and allies among the participating States. The supplementary items considered and debated in Kyiv, other than Senator Cardin’s, included “The Role and the Status of the Parliamentary Assembly within the OSCE”; “The Illicit Air Transport of Small Arms and Light Weapons and their Ammunition”; “Environmental Security Strategy”; “Conflict Settlement in the OSCE area”; “Strengthening OSCE Engagement with Human Rights Defenders and National Human Rights Institutions”; “The Ban on Cluster Bombs”; “Liberalization of Trans-Atlantic Trade”; “Women in Peace and Security”; and “Strengthening of Counteraction of Trafficking Persons in the OSCE Member States.” Guantanamo Bay Raised Following her appearance before the Helsinki Commission in Washington on June 21 during a hearing on “Guantanamo: Implications for U.S. Human Rights Leadership,” Belgian Senate President Anne-Marie Lizin, the OSCE PA Special Representative on Guantanamo, presented her third report on the status of the camp to a general Plenary Session of the Assembly. This report followed her second visit to the detention facility at Guantanamo on June 20, 2007 and provided the Assembly with a balanced presentation of outstanding issues and concerns. Senator Lizin concluded the report with a recommendation that the facility should be closed. Engaging Other Delegates While the delegation’s work focused heavily on OSCE PA matters, the venue presented an opportunity to advance U.S. relations with OSCE states. During the course of the Kyiv meeting, members of the U.S. delegation held a series of formal as well as informal bilateral meetings, including talks with parliamentarians from the Russian Federation, Ukraine, Kazakhstan, parliamentary delegations from the Mediterranean Partners for Cooperation, including Israel, and Afghanistan. The U.S. Delegation hosted a reception for parliamentary delegations from Canada and the United Kingdom. Electing New Officers and Adopting of the Declaration On the final day of the Kyiv meeting, the Assembly reelected Göran Lennmarker (Sweden) as President. Mr. Hans Raidel (Germany) was elected Treasurer. Four Vice Presidents were elected in Kyiv: Anne-Marie Lizin (Belgium), Jerry Grafstein (Canada), Kimo Kiljunen (Finland), and Panos Kammenos (Greece). Rep. Hilda Solis was also elected, becoming the Vice Chair of the General Committee on Democracy, Human Rights and Humanitarian Questions, which is responsible for addressing humanitarian and-related threats to security and serves as a forum for examining the potential for cooperation within these areas. She joins Senator Cardin, whose term as Vice President extends until 2009, and Congressman Hastings as OSCE PA President Emeritus, in ensuring active U.S. engagement in the Assembly’s proceedings for the coming year. The OSCE PA concluded with adoption of the Kyiv Declaration which included a series of concrete recommendations for strengthening action in several fields including migration, energy and environmental security, combating anti-Semitism and other forms of intolerance throughout the OSCE region and promoting democracy in Belarus. The declaration also addresses a number of military security concerns, including an expression of regret at the lack of progress in resolving so-called “frozen conflicts” in the OSCE region based on the principal of territorial integrity, especially those within Moldova and Georgia. For the full text of the Kyiv Declaration, please visit http://www.oscepa.org. The Seventeenth Annual Session of the OSCE Parliamentary Assembly will be held early next July in Astana, Kazakhstan. Other U.S. Delegation Activities While in Kyiv, the U.S. Delegation met with Ukrainian President Yushchenko for lengthy talks on bilateral issues, his country’s aspirations for further Euro-Atlantic integration, energy security, international support for dealing with the after affects of Chornobyl, and challenges to Ukraine’s sovereignty and democratic development. The President discussed the political situation in Ukraine and the development of the May 27 agreement that provides for pre-term parliamentary elections scheduled for September 30, 2007. The Delegation also visited and held wreath-laying ceremonies at two significant sites in the Ukrainian capital: the Babyn Yar Memorial, commemorating the more than 100,000 Ukrainians killed during World War II – including 33,000 Jews from Kyiv that were shot in a two-day period in September 1941; and the Famine Genocide Memorial (1932-33) dedicated to the memory of the millions of Ukrainians starved to death by Stalin’s Soviet regime in the largest man-made famine of the 20th century. Members of the delegation also traveled to the Chornobyl exclusion zone and visited the site where on April 26, 1986, the fourth reactor of the Chornbyl Nuclear Power Plant exploded, resulting in the world’s worst nuclear accident. While in the zone, the delegation visited the abandoned city of Prypiat, the once bustling residence of 50,000 located a short distance from the nuclear plant. Members toured the Chornobyl facilities and discussed ongoing economic and environmental challenges with local experts and international efforts to find a durable solution to the containment of large quantities of radioactive materials still located at the plant. Advancing U.S. Interests Summarizing the activities of the U.S. Delegation, Chairman Hastings commented on the successful advancement of U.S. interests. Specifically, the Chairman noted the delegation “represented the wonderful diversity of the United States population” and “highlighted a diversity of opinion on numerous issues.” Moreover, he concluded it advocated “a common hope to make the world a better place, not just for Americans but for all humanity,” thereby helping “to counter the negative image many have about our country. “In a dangerous world, we should all have an interest in strengthening our country’s friendships and alliances as well as directly raising, through frank conversation, our concerns with those countries where our relations are stained or even adversarial,” Chairman Hastings asserted. In order to put the recommendations of the PA into action, the members of the U.S. delegation wrote a letter to Secretary of State Rice, asking that the State Department press several issues within the OSCE in Vienna in the run-up to the November Ministerial Council meeting. First, the State Department should ensure that the role of the Parliamentary Assembly is increased in the overall activities of the OSCE. Second, the OSCE should increase concrete activities to fight anti-Semitism, racism, and xenophobia, including against Muslims and Roma. Third, The OSCE should strengthen its work on combating trafficking in persons and fighting sexual exploitation of children. Fourth, the OSCE should support and protect the work of human rights defenders and NGOs. Lastly, the OSCE should step up dialogue on energy security issues.

  • Sustaining the Fight: Combating Anti-Semitism and Other Forms of Intolerance within the OSCE

    By Mischa Thompson, PhD, Staff Advisor, Erika Schlager, Counsel for International Law, and Ron McNamara, International Policy Director The OSCE Conference on Combating Discrimination and Promoting Mutual Respect and Understanding, held in Bucharest, Romania was the much anticipated follow-up to the 2005 OSCE Cordoba Conference on Anti-Semitism and on Other Forms of Intolerance. A goal of the Bucharest Conference was to continue to provide high level political attention to the efforts of participating States and the OSCE to ensure effective implementation of existing commitments in the fields of tolerance and non-discrimination and freedom of thought, conscience, religion or belief. In addition to Cordoba, prior conferences took place in 2003, in Vienna, and in 2004, in Berlin, Paris and Brussels. The conference was preceded by a one-day Civil Society Preparatory Meeting in which the three Personal Representatives to the Chair-in-Office on tolerance issues participated and NGOs prepared recommendations to the Conference. Official delegations from the OSCE countries took part in the conference, including participation from the U.S. Congress. Representative Alcee Hastings, Chairman of the U.S. Commission on Security and Cooperation in Europe (CSCE), participated as head of the Official OSCE Parliamentary Assembly delegation in his role as President Emeritus of the Parliamentary Assembly (PA). Representative Eric Cantor served as Chair and Ranking Republican Member of the Commission, Christopher H. Smith served as Vice-Chair of the U.S. delegation. (Delegation listed below.) The conference was divided into two parts, with the first part focusing on specific forms of intolerance and discrimination and the second part devoted to cross-cutting issues. Side events on various topics ranging from right-wing extremism to forced evictions of Roma were also held during the conference. Romanian President Traian Basescu opened the conference addressing tolerance concerns in his country. Romania's desire to host this conference -- assuming a considerable organizational burden and drain on Foreign Ministry resources -- reflected the government's recognition of the importance of these issues and a desire to play a leadership role in addressing them. However, in advance of the meeting, several developments underscored the extent to which Romanian society still struggles to combat anti-Semitism and racism. First, in December 2006, a Romanian court partially rehabilitated the reputation of Romania's World War II leader, Ion Antonescu, who had been executed after the war for a variety of crimes including war crimes. Second, right up to the start of the meeting, government leaders struggled to find a way to withdraw a national honor (the Star of Romania) that had been awarded to Corneliu Vadim Tudor, a notorious extremist, by President Ion Iliescu in 2004. (Although a mechanism was found to withdraw that award prior to the OSCE conference, after the conference a court suspended the withdrawal of the award.) Third, during a Romanian Senate confirmation hearing in April for Romania's Ambassador to Israel, nominee Edward Iosiper was subjected by some members of the Senate to a degrading inquiry regarding his Jewish heritage. Finally, only weeks before the conference started, President Basescu made unguarded comments -- unaware that they were being recorded -- in which he called a Romanian journalist an "aggressive stinking Gypsy." Like developments in many countries, these events served to underscore the continuing challenges that OSCE participating States face in promoting tolerance and combating anti-Semitism, racism, and other forms of bigotry. President Basescu opened the conference linking the importance of tolerance to democratic development and the need for his country to improve its efforts to combat anti-Semitism and discrimination, especially against Roma. His remarks were followed by a speech from a Romanian civil society group - Executive Director of Romani CRISS, Magda Matache – underscoring the unique opportunity the OSCE accords NGOs at some OSCE meetings to have equal footing with governments. Ms. Matache addressed the need for the Romanian Government to better address the discrimination directed towards its Romani population (the largest in Europe) and called upon government officials to set an example, making reference to the negative comments the President made prior to the conference. Following the conference opening, Chairman Hastings, representing the OSCE PA, delivered remarks at the opening plenary session. He highlighted the OSCE PA’s role in instituting the tolerance agenda within the OSCE in response to a spike in anti-Semitic acts in Europe in 2002. He also urged the OSCE to sustain its work in combating all forms of intolerance and addressed the plight of Roma, making special note of his recent visit to Roma camps in northern Kosovo. Rep. Cantor also delivered remarks on the need to sustain efforts to combat anti-Semitism. As in previous years, a major focus of the conference was on anti-Semitism with the first plenary session being dedicated to the issue. Many OSCE participating States reiterated their concerns about the continued presence of anti-Semitism throughout the OSCE region and the need to maintain the fight. States detailed the specific legal, educational, and cultural tools they were employing to counter anti-Semitism, such as Holocaust education in the schools. In the session on discrimination against Muslims, many of the same measures designed to address anti-Semitism, racism, and other forms of intolerance were being called for to combat intolerance issues in the Muslim community. In particular, the need for data collection, education, and increased civil society work were highlighted. Religious discrimination issues concentrated mainly in Eastern Europe included government enforced laws requiring registration of religious groups, increased taxes, property disputes, and other harassing behaviors. The rights of ‘non-believers’ were also raised. Race and xenophobia issues focused on the increase in physical attacks on racial minorities in both Eastern and Western Europe. Of note, religious issues raised were often acts of discrimination as opposed to hate crimes, and perpetrated by state actors through government enforced laws, which underscored some participants’ calls for religious issues to be viewed and treated as a fundamental right. Chairman Hastings served as introducer for the fourth session on data collection, law enforcement, and legislative initiatives to combat intolerance within the OSCE. Hastings detailed his personal experiences as an African-American during the U.S. civil rights era that spawned anti-discrimination, hate crimes legislation, and other initiatives. Citing statistics on U.S. anti-Semitic incidents, he noted the need for sustained global engagement on anti-Semitism issues, in addition to continued U.S. support for issues affecting Roma, Muslim communities, and the work of the three Personal Representatives on tolerance issues. Speaking during the closing session, Representative Smith praised the OSCE’s work on Holocaust education and reiterated the need for a focus on anti-Semitism. The Conference ended with a declaration drafted by the Spanish Chair-in-Office noting the continued presence of all forms of intolerance in the OSCE region and the need to continue efforts to combat them. Generally, the multitude of issues on the agenda of the Bucharest Conference, coupled with scheduling difficulties, left little time to focus on solutions or implementation, despite the many efforts Office for Democratic Institutions and Human Rights (ODIHR), the Parliamentary Assembly, and participating States had demonstrated in attempting to identify and address tolerance issues. Thus, the larger question of whether sustained engagement on tolerance issues within the OSCE would continue remained unanswered, as the conference did not provide answers to the following three questions: Whether the current mandates for the three personal representatives with their three distinct portfolios would be extended by the incoming 2008 Finnish chairmanship? What form future follow-up, including the possible location of future conferences and other initiatives on tolerance-related matters would take? How to sustain a focus on anti-Semitism, while addressing emerging concerns around discrimination towards Muslims and other religions, and increases in racism and xenophobia? While it is clear that further consideration must be given as to how best to continue addressing tolerance issues within the OSCE, it is also important to note that much has been accomplished since the OSCE began its intensified efforts in the tolerance arena only five years ago. Some examples include that ODIHR has: developed guidelines for Holocaust memorial days and anti-Semitism and diversity education materials; launched a website dedicated to providing country reports on statistics, data collection, and anti-discrimination legislation (TANDIS http://tandis.odihr.pl/); and drafted annual reports on hate crimes in the OSCE. Within the OSCE Parliamentary Assembly, resolutions on tolerance, such as the one introduced by CSCE Commission Co-Chair Senator Ben Cardin this year, have been adopted five consecutive years in a row. Thus, despite the growing pains experienced during the conference, in part due to scheduling and logistics issues, a cautionary note must be sounded. Past efforts, including the role of parliamentarians in supporting these issues, should not go unnoticed and should be continued. However, this does not mean that improvements cannot be made. In particular, the role of conference organization in terms of scheduling and location of sessions and side events can play in developing perceptions around the importance of an issue should not be overlooked. A greater focus on the planning stages is a necessity for future tolerance events. Further consideration should be given for ways to increase collaborations and support for combating all forms of intolerance by participating States and civil society to prevent perceptions that some forms of intolerance take precedence over others, as it takes focus and energies away from the actual goal of combating intolerance. Delegations should give greater thought to diversity and how members of their delegation can address the various sessions of conferences as well as side and other meetings. The U.S., in particular, has the ability to provide a leadership role in this regard given the diversity of our population and histories in addressing tolerance issues. Topics further exploring the benefits of diversity and means to communicate them to a larger populace must be included. Consideration for whether religious issues should be separated from racism and xenophobia issues at future events should be given. Lastly, a greater focus on implementation is needed to parallel or supplement the substantial conference activity on tolerance issues. U.S. DELEGATION (All delegates named by U.S. Secretary of State Condoleezza Rice and approved by the White House): Head of U.S. Delegation, Congressman Eric Cantor U.S. Delegation Vice-Chair, Congressman Christopher H. Smith Ambassador Julie Finley, U.S. Mission to the OSCE Gregg Rickman, Special Envoy to Monitor and Combat anti-Semitism J. Christian Kennedy, U.S. Special Envoy on Holocaust Issues Jeremy Katz, Special Assistant to the President for Policy and White House Liaison to the Jewish Community Imam Talal Eid, Islamic Institute of Boston & U.S. Commission on International Religious Freedom Malcolm Hoenlein, Executive Director, Conference of Presidents of Major Jewish Organizations Dr. Richard Land, President, Southern Baptist Ethics & U.S. Commission on International Religious Freedom Deborah Lipstadt, Professor of Modern Jewish History and Holocaust Studies, Emory University   U.S. ADVISORS TO THE U.S. DELEGATION (All advisors named by U.S. Secretary of State Condoleezza Rice and approved by the White House): Rabbi Andrew Baker, American Jewish Committee Stacy Burdett, Anti-Defamation League Dan Mariaschin, B'nai Brith Mark Weitzman, Simon Wiesenthal Center Radu Ionid, U.S. Holocaust Memorial Museum Paul Shapiro, U.S. Holocaust Memorial Museum Lesley Weiss, National Conference on Soviet Jewry Catherine Cosman, U.S. Commission on International Religious Freedom Joseph Grieboski, Institute Of Religion and Public Policy Paul LeGendre, Human Rights First Angela Wu, Becket Fund

  • Remarks at the OSCE Conference on Combating Discrimination and Promoting Mutual Respect and Understanding

    Thank you and good afternoon. I have been on the road the past 2 weeks in Warsaw, Poland, Israel, Ramallah, and in a Roma camp in Kosovo. As many of you know, I am the immediate past President of the OSCE’s Parliamentary Assembly. In that capacity, and as a member of the United States House of Representatives, I have worked with my colleagues in the OSCE PA like Ambassador Strohal and Professor Gert Weisskirchen to help institute a focus on anti-Semitism and other forms of intolerance within the OSCE. Today I will tell you a little about my history as an African-American living during the civil rights era and how the United States came to develop some of its tolerance laws. I hope we can all learn from my words how best to tackle the scourge of anti-Semitism, racism and other “-isms” that exists in each of our countries. It was only 40 years ago when “separate but, equal” was a law in the United States and Whites could legally discriminate against blacks and others by having separate facilities. Legally, I, nor any other black person, could sit next to a white person on a bus, eat at the same restaurant, or even use the same restrooms, or drink out of the same water fountains. While facilities were separate as the law required, they were definitely not equal. After years of struggle, I and many others of my generation, standing on our forbearers’ shoulders, created the climate that enabled Congress and then-President Lyndon Johnson to pass the Civil Rights Act of 1964. That groundbreaking law ended legal discrimination in the United States and served as the foundation for other laws; such as the historic Voting Rights Act, which prohibited discriminatory voting practices, and the Fair Housing Act, which prohibited discrimination in the sale or rental of housing. However, the days of colonization and slavery, made it difficult for whites to accept laws now stating that blacks and others should be treated equally. To maintain the status quo, white supremacy groups attacked blacks and their supporters to instil widespread fear in the black community and anyone else calling for change. The Kennedys, Malcolm X, and Martin Luther King, Jr. were assassinated. Black churches were burned. But the violence had the unintended effect of bringing Americans together to support civil rights legislation. Americans realized that extending Constitutional rights to some and not all would be the undoing of America. So, in the 80s and 90s, the brutal murders of racial and gender minorities and flames atop the rooftops of churches and synagogues again became a beacon for change. Congress reacted by passing hate crimes laws to collect statistics, impose longer prison sentences, and investigate arsons and rebuild churches and refurbish synagogues that had been decimated. Until the Civil Rights Act in 1964, race and class-based preferential access had been reserved for whites. For example, the U.S. government funded GI bill, predominantly provided free college education and housing assistance to white World War II veterans. And, so called ‘legacy rules’ guaranteed college admission to family members of white alumni. Affirmative action did help make up for the decades of missed opportunities by qualified blacks blocked from attending top universities and upper-level jobs irregardless of their intelligence and skills. Now, while my country may be seen somewhat as a model for tolerance and anti-discrimination laws, I sadly must admit that our work is not yet done. Just last year, the U.S. Congress reimplemented its historic Voting Rights act the right. Those of you watching our presidential elections in 2000 and 2004 may remember the irregularities that prevented thousands of predominantly poor and minority voters from having their votes counted as a result of discriminatory tactics. This was purposeful and has forever altered United States and world history. Our hopes are that in passing these new voting rights laws, Americans will no longer experience discrimination at the voting booth. We are all aware of the OSCE’s unmatched work in election observation that hinges upon the teaming of ODHIR bureaucrats with seasoned elected officials from the PA under the great leadership of my peer Ambassador Strohal. I urge you all to watch our elections, and when the invitation to monitor comes next year… Come. Monitor our elections and see if our laws are being upheld. And I encourage you all to do the same in other OSCE spheres. Just months ago, the U.S. House of Representatives expanded our hate crimes laws to include individuals targeted because of their gender, sexual orientation, or disability. Though controversial, Americans ultimately agreed that there is an obligation to protect not only those with whom we share common characteristics, ideas, or belief systems, but all Americans. Assuring the protection and rights of all has also been a concern in the wake of September 11th for Muslim Americans. Despite a recent survey showing that most Muslims came to America and here in Europe in search of a better way of life, desire to work hard, uphold democratic values, and reject religious extremism, they are now often treated as second class citizens. They question whether European or American dream is still achievable for them, or even truly exists. As an African-American who lived during the Civil Rights era, I, too, have loudly questioned whether the rights enshrined in our United States Constitution applied to me. However, I now understand that the beauty of my country is that it allows for the capacity and space to change our legal and legislative system as time and circumstance dictates. The difficulty is determining whether the time for change is now and what changes should be made. I hope that under the Chairman-in-office’s recommendation, the upcoming conference in Cordoba will raise further awareness about anti-Muslim sentiments and stereotypes throughout the OSCE region. This is a growing problem and anti-Semitism continues to be a problem both of which we must address, whether all of us in this room are willing to admit it or not. There are no overnight solutions. Sustained activity on issues of tolerance and civil rights by introducing new laws when necessary and ensuring implementation are a necessity if we are to keep history from revisiting itself here in the EU, United States, and elsewhere in the world. We cannot forget that only 40 years ago, civil rights legislation in my country was non-existent. And without it, it is safe to say, I would not be standing here today. Places where I was once challenged to vote, restaurants where I was unable to eat... Today’s children are clearly in need of the same and hopefully a better situation than mine. Be they in the United States or elsewhere in the OSCE region. When I see Paris burning, I see the Detroit and LA riots and wonder if affirmative action or other inclusionary laws will follow. Requirements for religious registration in some places in Europe cause me to wonder where continued anti-Semitism and the world’s fear of Islam may lead and if it will ultimately trample on our freedom of religion. Just this past Tuesday, I was in the northern Kosovo Roma camps. When I think of the abject poverty I saw there along with testaments of Roma being sent to different schools than their peers despite their intelligence, I can only think of my own experiences riding to 60 miles to school each day with hand me down books, no cafeteria, and no foreign languages taught. The OSCE with the support of the United States must continue its focus on the situation of the Roma and Sinti. When I addressed this conference yesterday, I pointed out the critical role that the OSCE PA played in establishing this conference. Indeed, it is fair to say that we have come a long way. Many of the countries sitting in this room today have written and passed anti-discrimination laws as a direct result of the OSCE’s work to combat anti-Semitism, xenophobia, racism, and other forms of discrimination. Now we must implement them! And I for one stand in support of the Special Envoy, Personal Representatives, and NGOs. All of us are necessary to achieve positive results. The reality remains that anti-Semitism – the initial reason why we called for a convening such as this – continues to run rampant in all of our streets, including my own. In fact, over 1500 incidents of anti-Semitic acts were recorded in the U.S. alone last year and the continued stereotypic misperceptions of Jews within the OSCE region are only increasing the propensity for violence. In my country, we are trying to stop these attacks. All of you in these countries with our help must do the same in yours. Member states need to collect such statistics, for anti-Semitic attacks and all hate crimes. It is in this way that we can best fully monitor and address these heinous actions. In the words of the African-American scholar WEB Dubois, “There can be no perfect democracy curtailed by color, race, or poverty. And I would add religion and gender. But with all, we accomplish all, even peace.” America’s history and its use of legislation to combat intolerances and discrimination can be a working blueprint for peace. I urge you to use this blue print and learn from our successes. I also urge you to learn from and not repeat our mistakes. It is time to implement our wonderful ideas from five years of these conferences. But, please – more action and less talk! Thank you very much.  

  • Remarks of Rep. Chris Smith to OSCE Conference on Promoting Tolerance Closing Plenary Session, Bucharest, Romania

    On behalf of the United States delegation, I would like to thank our Romanian hosts and you, the ministers, ambassadors, NGOs and my fellow delegates for engaging in a discussion of how to combat anti-Semitism and other forms of intolerance in the OSCE. Let me also commend the Romanian Foreign Minister, Mr. Adrian Cioroianu for proposing to host a regional anti-Semitism meeting. That is a magnificent gesture from Romania. On a more personal note, it is deeply gratifying for me, as a Congressman for 27 years who has focused on defending human rights, to see the representatives of so many OSCE States gathered here to reaffirm their commitment to combating intolerance. I was, to steal a phrase from former American Secretary of State Dean Acheson, “present at the creation” of this series of conferences. I remember when, at a hearing I chaired in 2002, in response to what appeared to be a sudden, frightening spike in anti-Semitism in some OSCE countries, including my own, we first proposed the idea for an OSCE conference on combating anti-Semitism. Dr. Samuels of the Wiesenthal Center in Paris testified at that hearing and said, “The Holocaust for 30 years after the war acted as a protective Teflon against blatant ant-Semitic expression. That Teflon has eroded, and what was considered distasteful and politically incorrect is becoming simply an opinion. But,” he quickly warned, “cocktail chatter at fine English dinners can end as Molotov cocktails against synagogues.” Convinced we had an escalating crisis on our hands, the U.S. teamed with several OSCE partners—especially Gert Weisskirchen from Germany—to push for action and reform. Those efforts led to Vienna, Berlin, Cordoba, and to Bucharest today. From the start, before any conference had even taken place, there were colleagues who thought the struggle against anti-Semitism should be folded into a more general effort against intolerance. Well-meaning as that might seem, it would have diluted our focus and resolve. Let’s be frank. Anti-semitism is a particularly insidious form of hate that has had horrific consequences, including genocide. In the span of human history, the Holocaust was yesterday. So I believe we did the wiser thing. We launched a new struggle against anti-Semitism, and a concurrent battle against other specific forms of intolerance such as discrimination against Muslims, Christians, members of other religions, and against racism, xenophobia, and other related forms of discrimination. We have moved ahead on all these issues. Those of us who helped birth the Vienna and Berlin conferences certainly never meant to restrict the OSCE’s field of concern. But we did believe that the OSCE should put and sustain a special emphasis on anti-Semitism. We believed that anti-Semitism is a unique evil, a distinct form of intolerance, the oldest form of religious bigotry, and a malignant disease of the heart that has very often led to murder. Next a brief word on implementation. In each of the conferences OSCE Participating States have made solemn, tangible commitments to put our words into action. Although in some countries progress has been made, anti-Semitic acts have not abated in others, and in some nations has actually gotten worse. So the United States welcomes the OSCE commitment to focus on individual problems and tailor responses to their specificity. This approach is reflected in the mandates of the three personal representatives and we call on more states to support and cooperate with their efforts to put increased muscle behind combating these problems. We welcome and encourage the continuation of ODIHR programs to develop curricula on teaching about the Holocaust, assisting States to enact hate crime legislation, to train prosecutors and police, especially peer-to-peer like the law enforcement officers program. And we should convene follow-up expert meetings and another implementation meeting in 2009. We can't allow human rights fatigue and indifference to set in. Finally, each of us knows we can and must do better. For our part, let me assure you that the members of the U.S. delegation will return home with fresh enthusiasm, commitment and resolve to eradicate the scourge of hate. We return home to insist that the purveyors of criminal acts of hate be vigorously pursued and prosecuted. Prosecutorial discretion is a wonderful concept in the administration of justice but our society is ill served when law enforcement looks the other way at anti-Semitic hate crimes. And we return with an urgent mission to expand Holocaust education and remembrance so that the words, “never again” finally have meaning, and to educate both young and old alike that human rights and tolerance are not fanciful words, but the only way a civilized, compassionate, and caring society can survive and prosper.

  • Remarks at the OSCE High-Level Conference on Combating Discrimination and Promoting Mutual Respect and Understanding

    I am privileged to address you today as the representative of the OSCE Parliamentary Assembly to the Bucharest Conference, an outgrowth of the work begun by the Assembly in 2002 in response to an alarming spike in anti-Semitic incidents and related violence. Indeed, the Assembly’s timely initiative has led to a sustained focus, by parliamentarians and diplomats alike, on combating this and other forms of intolerance, including racism as well as discrimination against individuals because of their religion. The reality is that none of our societies is immune from the ignorance, indifference or outright hatred that fosters discrimination, intolerance, and ultimately destruction of every sort. Faced with such social afflictions, each of us has a choice whether to remain complacent, some might say complicit, or to take action. The choice is there for each of us to make. It would be foolhardy for any of us to suggest that he or she could single-handedly wipeout these virulent viruses that plague society. But the enormity of the challenge should not deter us from taking action within our own spheres of influence no matter how limited they might seem. From our home, school or workplace to the football stadium, town hall square or pages of our local newspaper, each of us can make a difference. As elected officials, we must recognize our unique responsibility – our obligation -- to combat intolerance and discrimination as well as to promote mutual respect and understanding. First we have a duty to use the public platform entrusted to us to speak out when manifestations of hate occur. As Elie Wiesel has rightly observed, “neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented.” Additionally, we can and must work to help our governments and people come to terms with the historical truths of our collective past. Perpetuating myth as history only serves to impede this vital and healthy process. Access to accurate information, including archival materials, is particularly relevant in this regard as well as the textbooks used to educate our young people. Education – whether at the dinning room table or the formal lecture hall – is a powerful instrument for overcoming the legacy of the past, promoting social justice in the present, and building a brighter future. As government officials we have a duty to ensure adequate resources for such programs, including Holocaust education. Government alone cannot accomplish all that needs to be done. To be successful, we must reach out in partnership to civil society. Finally, as legislators, parliamentarians are uniquely positioned to shape laws that help define the limits of conduct in society. At times a daunting task, we face the challenge of ensuring appropriate protection of the targets of hate while preserving fundamental freedoms and human rights. While we may differ on approaches, one thing that we can all agree on is that there can be no neutrality or silence when violence is used against an individual or group. I have traveled across the breadth of the OSCE region and beyond in connection with my work with the OSCE Parliamentary Assembly. Having just been in the Middle East, I am mindful of the unique role the Mediterranean Partners could play in promoting mutual respect and understanding. During the course of my travels I have made it a point to be in contact with a wide spectrum of society, from the displaced Roma forced to live on the extreme margins and members of minority faith communities denied the right to freely profess and practice their faith to ethnic and racial minorities constantly living in fear for their safety. In each instance, they simply seek the dignity that should be accorded to every human being. Far too often there is a fixation on differences that blinds us to our common humanity. In closing, I would note that this year marks the bicentennial of the 1807 Abolition of the Slave Trade Act, which banned the slave trade in the British Empire. The words of a courageous abolitionist in the House of Commons, William Wilberforce, should serve as an inspiration to all of us that we must take a stand no matter the seemingly insurmountable odds against success. “So enormous, so dreadful, so irremediable did the [slave] trade’s wickedness appear that my own mind was completely made up for abolition. Let the consequences be what they would: I from this time determined that I would never rest until I had effected its abolition.” May we display such determination and dedication in our common efforts to combat anti-Semitism and other forms of intolerance and discrimination and work energetically to promote mutual respect and understanding. You and I can make a difference, if we care to. Your presence here in Bucharest is a good starting point. Thank you.

  • Confronting Global Anti-Semitism: a Transatlantic Partnership

    Anti-Defamation League National Leadership Council Thank you for that kind introduction, and for inviting me here tonight. It is a true honor to sit on this panel with three proven leaders in the global fight against anti-Semitism. The ADL is a one of the premier human and civil rights organizations in the world. I do not need to tell you what you have in Abe Foxman. He is a dear friend of mine and to countless others worldwide. When he speaks, I listen. I also want to welcome the more than 20 activists from South Florida with us tonight. Make sure to thank them for bringing the warm weather. I have been asked to keep my remarks brief. So please forgive me if I am a bit cryptic, and do not hesitate to ask me questions later. Elected officials have a unique platform from which to address anti-Semitism and other forms of intolerance. In fact, we have a moral obligation to do so. As Chairman of the Helsinki Commission and the immediate past President of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly, I been working to improve trans-Atlantic relations to combat anti-Semitism and other forms of intolerance for years. Both organizations have provided an invaluable political impetus for this issue to receive the attention which it deserves by all 56 OSCE countries. The reality is that we are seeing a resurgence not only of anti-Semitism, but all forms of intolerance, throughout the entire world. The need for us to combat these evils is growing every day. In Romania, for example, the courts are attempting to rehabilitate the reputation of General Ion Antonescu, an individual responsible for the killing of between 280,000 and 380,000 Jews during the Holocaust. In Hungary, the U.S Holocaust Museum is being denied access to Holocaust archives. And, in Bad Arolson, Germany, one of the largest Holocaust-era archives in the world remains closed to the public because four countries – Italy, Greece, France, and Belgium – have not yet ratified certain amendments to the Bonn Accords. Realize, had it not been for the actions of the Helsinki Commission and others, including the ADL, the situation in Bad Arolson would be worse today than it already is. The Commission first acted on the issue last year with a public briefing. And just last week, the House of Representatives unanimously approved a resolution I authored calling on European countries to expedite the opening of these archives. Indeed, we will not be successful in this and other endeavors unless we work together. Almost every day, I meet with various senior officials, ambassadors, parliamentarians and other dignitaries. Hardly a meeting passes without me engaging my colleagues on common concerns of justice and fairness. Essential aspects of such dialogue are an acknowledgement that we don’t have all the answers, and when it comes to anti-Semitism, no country is immune. It is, therefore, critical that we partner with those who share our awareness, concern, and passion to confront and combat these evils. But let me not sugar coat the issue. Time and time again, I am met with resistance from certain quarters of the international community to these efforts. Some want to talk about the problem and its manifestation, while others refuse that a problem even exists. Institutions built to combat anti-Semitism and protect human rights are key to refuting the deniers. As such, countries would be wise to create their own Helsinki Commissions to serve as a mechanism under which these issues can be addressed. Further, I can not stress enough the importance of face-to-face dialogue. In early June, I will travel first to Warsaw to keynote a conference on the U.S.-Polish-Israeli relationship, then to Israel with the current President of the OSCE PA. My journey will end in Bucharest, Romania at the next OSCE conference on anti-Semitism and other forms of intolerance and discrimination – a conference which I and other legislators helped create almost five years ago. High-level government officials will be there with NGO’s, including the ADL, and it is my sincere hope that Secretary Rice will be among them. Her presence would send a very powerful message. Friends, we can no longer live in a world which encourages and fosters the manifestation of racism, xenophobia, anti-Semitism, and all other forms of bigotry. Our shared dream for justice and fair treatment of all citizens alike is attainable with continued commitment to working together and a willingness to confront anything that comes our way. Thank you.

  • Remarks by Ambassador Clifford G. Bond at the International Forum Bosnia

    It is good to be back in Sarajevo again and I feel very much at home in this city and this country. When Dr. Mahmutcehajic invited me to speak at today’s conference on “American Policy in the Western Balkans,” I suggested that it might be best if I provided a perspective on the on-going work of the Helsinki Commission, which is where I am currently serving, and its impact on U.S. policy in the Balkans. The Commission is a unique institution made up of members of the U.S. Congress. It is not an easy task to generalize about the views of Commission members since each representative and senator is independent. Those who serve on the Commission do so because they share a commitment to human rights and democracy, and want to have an impact on U.S. engagement on these issues especially in the OSCE area, but beyond as well. Congress’ role in foreign policy, as in other areas, is to ensure that policy reflects the democratically expressed will of the American people. It balances the expertise of diplomats at the State Department and other Executive Branch agencies with a consideration of what the public will support. This is one reason why U.S. foreign policy has taken a more comprehensive view of security that includes democratic development and human rights, as opposed to a more “realpolik” view of the world. This was evident in the Balkans throughout the 1990s. In response to conflict in Bosnia, for example, many in Congress pressed the Bush and later Clinton Administration for a more activist and a more interventionist response. Members of Congress, including members of the Commission at that time, were among the first in government to advocate not only for efforts to contain the conflict but for decisive action, including the use of force if necessary, to stop it. Whenever I addressed an audience in Bosnia and Herzegovina (BiH) in the past, the question invariably arose of whether the Balkans remained a priority for the U.S. Obviously the region receives much less attention today than it did 10 years ago. But it would be incorrect to say that the Balkans is ignored and developments on the ground are not being followed on Capitol Hill. There remains an understanding within Congress that the work of the international community is incomplete in this region and that the states of the western Balkans deserve to be integrated into Europe and Euro-Atlantic institutions. This has sustained Congressional support for NATO enlargement and the process of EU integration of the western Balkans, a view that runs even deeper among members of the Helsinki Commission. Moreover, at the initiative of representatives of the more than 300,000 members of the Bosnian-American diaspora, a new bipartisan Bosnian Caucus is being set up within Congress to focus on and support issues of importance to Bosnia and Herzegovina and the region. The Helsinki Process and the Commission Now let me say a few words about the work of the Helsinki Commission. As I said, it is an independent agency created by Congress in 1976 to advance human rights and encourage compliance with the principles of the Helsinki Final Act, particularly its human rights commitments. The Commission is composed of members of both houses of the U.S. Congress. Successive agreements within the Vienna-based Organization for Security and Cooperation in Europe (OSCE) have expanded these common Helsinki standards into a whole framework of human and humanitarian rights. These have come to be termed the “human dimension” of the OSCE’s work. These agreements are not treaties, but political commitments which all participating states, including Bosnia and its neighbors, have adopted on the basis of consensus. Significantly, however, these same states have agreed that these are issues of direct and legitimate concern to all participating states of the OSCE and do not belong exclusively to the internal affairs of the state concerned. Democracy and human rights are thus matters of international concern. This has created a Helsinki process of bilateral and multilateral dialogue that includes the active participation of NGOs as well as governments in assessing the level of compliance with these common commitments. One element of that process is an annual review of implementation which takes place in Warsaw. I participated in the 2006 session and can assure you that it provided a forum for frank and open exchange of how our countries are or are not living up to our OSCE commitments. My own government faced serious criticism in terms of some aspects of its conduct of the fight against terrorism. Since 1989, Europe has undergone an historic transformation and the OSCE has played a vital role in this process of transition to democracy, particularly in the post conflict situation in the western Balkans. Much of this work has been driven on the ground by its field missions, such as the one headed here in Sarajevo by Ambassador Davidson. The Commission believes strongly that this work remains critical to the states of the western Balkans in helping them to overcome a legacy of communism and war. A permanent democratic transformation in the western Balkans will require a rethinking of the overall conditions of society with an aim of protecting rights and instituting peaceful change. Public debate needs to be expanded beyond a discussion of group rights to the rights of the individual and improving the overall quality and dignity of life, which is the essence of the OSCE’s human dimension. This process has not advanced nearly as far as it must to build modern societies in the region. Integration through Consolidating Democracy and Rule of Law Let me now review some of the areas of particular interest to the Commission and its members and where it will be pushing to influence U.S. policy in future. These are areas where I think more public debate and more active local NGO engagement with governments in the region will be essential. As I said, the Commission has been a strong advocate for the integration of the region into Euro-Atlantic institutions. This remains the best long term strategy for securing both peace and prosperity. The key to that integration is consolidating democracy, rule of law and good governance. There has been tremendous progress in this regard, but complacency must be avoided. Political leaders in Bosnia have come to realize that reforming their Dayton-era constitution in ways that make the government more functional and compatible with EU requirements is a necessary step. The U.S. Senate adopted a resolution (S. Res 400, 109th Congress) last year voicing support for this constitutional reform process. It did not advocate for specific changes, which must be decided by the people of Bosnia, not the international community. From the perspective of the Helsinki Commission, however, we think it critical that reforms, in addition to changes in the structure of government, guarantee the human and civic rights of all the citizens of BiH. As you know, the current constitutional provisions restrict Serbs living in the Federation, Bosniaks and Croats living in the RS, and non-constituent peoples, no matter in what part of the country they reside, from running for the post of BiH presidency. This is a violation of both the European Convention on Human Rights and the 1990 OSCE Copenhagen Document. This inability of all citizens to fully participate in BiH’s political life should be corrected. If we look at elections as another benchmark of progress in consolidating democracy, we can see that virtually all countries in the western Balkans are approaching the international standards for free and fair elections. Last October’s elections in Bosnia and Herzegovina were judged by the OSCE to be in line with international standards. Similarly the general elections held recently in Serbia were judged by OSCE as being conducted in a free and fair manner. Going beyond the technical conduct of these elections, however, the results and the tenor of the elections in the region are a matter of concern. In Bosnia nationalistic campaign rhetoric approached pre-war levels and polarized the electorate along ethnic lines. In Serbia the strong showing of the Serbian Radical Party and statements by other politicians indicated a lack of willingness among a large part of the population to come to terms with the crimes committed during the Milosevic era. Hopefully, over time, democratic forces in the region will prevail and a true reconciliation can be achieved. Without a meaningful break with the past and a full recognition in Serbia and the Republika Srpska (RS) of the crimes that were committed during the Milosevic era, however, this task will be immensely more difficult to accomplish. The decision of the International Court of Justice on February 26 does not change the need for this recognition or absolve Serbia or the Republika Srpska of responsibility in this regard. The ICJ confirmed an act of genocide was committed and that Serbia was in a unique position to prevent it. By failing to do so, Serbia violated the Genocide Convention and continues to violate it by not bringing the perpetrators of that genocide to justice. The court’s decision also makes clear that the full responsibility for conducting that genocide lies with the leadership and members of the military in the RS at that time. Unfinished Business It was to bring war criminals to justice and to determine the objective truth of what occurred in the Balkans that the Helsinki Commission was an early proponent of the establishment of the International Criminal Tribunal for the former Yugoslavia. It has pressed all countries in the region to fully cooperate with the Tribunal. The Commission has welcomed the establishment of the War Crimes Chamber within the BiH State Court, and the decision to transfer more cases from The Hague to the region for local prosecution. Despite building this indigenous capacity to conduct trials, there is a strongly felt sense within the Commission that the work of the International Tribunal should not be concluded until Ratko Mladic and Radovan Karadzic are brought to justice. The real message that Belgrade should take from the ICJ’s verdict on February 26 and convey to these indicted war criminals is that: “your time is up.” Other consequences of the war are still being dealt with. More than ten years after Dayton, additional mass graves continue to be uncovered. The Helsinki Commission recently organized a briefing on Capitol Hill at which Amor Masovic reported on the work of the State Missing Persons Commission. We believe that international support for determining the identification of these missing persons must continue. The right of refugees and displaced persons from the Balkan conflicts to return home has not been fully guaranteed. The 2005 Sarajevo Declaration on Refugee Return and Integration was a notable achievement in this regard, but implementation of this trilateral arrangement has been too slow. The Commission has urged Bosnia and Croatia and Serbia in particular to intensify efforts to ensure durable solutions for resettlement are found and displaced persons and refugees given access to all rights, including the right to property and citizenship. The legal issues involved are complicated, but with political will these can be managed and refugees re-integrated into society. In the midst of war in the 1990’s the region was confronted with a new and dangerous form of organized crime – human trafficking. Considerable progress has been made in the region in combating this modern day form of slavery, but even greater efforts are required. Trafficking also needs to be looked upon as not just as one field of criminal activity, but as part of a wider issue of corruption in the region. While criminals organize this activity, it is corruption that allows them to get away with it or go unpunished when caught. Preventing Future Conflict A fundamental principle behind the Helsinki Final Act is that there can be no true security without a commitment to democracy and human rights. Addressing the root causes of intolerance and discrimination are therefore essential to preventing future conflict in the region. The OSCE has done pioneering work in this area and is developing programs to prevent hate crimes and discrimination by confronting the sources of intolerance and by strengthening respect for ethnic and religious diversity. In a series of high level conferences the OSCE has sought to encourage states to collect hate crimes statistics, share information and strengthen education to combat intolerance as well as increase training of law enforcement officials. This is clearly a subject of importance to the entire region and governments should be cooperating in this work. We want to encourage regional participation at the next high level meeting on tolerance to be held in June in Bucharest. The Romanian government is now putting together an agenda which will cover racism, anti-Semitism and intolerance against Muslims and Christians as well as relevant programs to combat this discrimination. We want the conference to consider ways that our societies can move beyond tolerance to acceptance and recognition of diversity. I hope we can count on broad government and NGO representation from the region, but particularly from Bosnia, at the conference. Bosnia can and should be a leader in promoting dialogue among religious groups. We would very much like to see Bosnia host an OSCE event on this theme in future. At the Warsaw human dimension’s meeting last year there was only one Bosnian NGO represented. This was the National Council of Roma, but its participation was very significant for us. The plight of the Roma has been a special concern of the Helsinki Commission. No group within the former Yugoslavia has faced discrimination and exclusion so broadly as the Roma have. They continue to be deprived of housing and property rights, face difficulties in accessing personal documents and establishing citizenship. Many have no access to healthcare or education. In view of this widespread discrimination, not just within the Balkans but throughout Europe, the OSCE has sought to address the specific problems of the Roma. Your local Bosnian Helsinki Committee has also recently translated a human rights manual into Romani and I hope this will assist this marginalized community to assert and defend its rights. Eight governments of central and southeastern Europe have taken their own political initiative, titled the “Decade of Roma Inclusion,” to close the gap in welfare and living conditions between the Roma and non-Roma in their societies. Their aim is to break the cycle of poverty and exclusion by 2015. Several of the western Balkan states are active in this initiative. My understanding is that Bosnia is not yet a participant. It should be. One way to judge a society is by how well it protects the rights of those least able to realize them on their own. Any sincere effort to create modern, rights-based societies in the Balkans cannot overlook the plight and abuse of the civil, political, economic and social rights of the Roma. Among fundamental freedoms is the right to religious expression and belief. This is an issue of deep concern to Commission members. The right to practice your faith is no more secure than your readiness to acknowledge the right of others to practice theirs. Since the fall of communism various laws have been adopted in the region to provide for religious freedom, but these have unfortunately had the effect in some respects of restricting this fundamental right. They set numerical thresholds for the registration of religious groups, discriminate in favor traditional faiths, and place limits on free speech and proselytizing. These restrictions are particularly burdensome to new religious denominations and can lead to harassment against and stigmatization of their members. Albania, in contrast, has adopted a progressive law which provides for a neutral registration system that is applied universally. This is a model others in the region should consider adopting. Meanwhile, there is a need to step up efforts to respect the sanctity and ensure the safety of places of worship that have been targets of ethnically based violence in Bosnia, Serbia and Kosovo. Governments need to adopt a “zero-tolerance” approach in responding to such provocations. Finally let me address the situation of Kosovo. The pending decision on the final status of Kosovo has given rise to much anxiety and apprehension in the region. Much of the debate on Kosovo has focused on the larger issues of sovereignty, territorial integrity and self-determination. Within Congress and even within the Helsinki Commission reaching a consensus on the right outcome in Kosovo is difficult, but two things are clear. First, there is no connection between Kosovo’s future and the recognized sovereignty and the territorial integrity of Bosnia and Herzegovina. Second, whatever form a Kosovo settlement takes, the fundamental issue in the Commission’s view is whether or not it improves the respect for human rights, especially the rights of those people belonging to the Serb, Roma and other minority communities. Those rights include the protection of property and the right of return for displaced persons. Any settlement should also encourage a process of integration and inclusion of these minority communities within a broader Kosovo society. From this perspective the proposed plan of UN Special Envoy Ahtissari can serves as a solid basis for compromise. Even if Belgrade and Pristina cannot agree on the issue of status, they should be engaged in serious negotiations to protect the rights of these minority communities. But whatever becomes of Kosovo, the OSCE and other international human rights standards must apply there and the OSCE must be fully involved in monitoring implementation of any settlement to assure these rights are respected. Conclusion My remarks have focused on some areas of concern, but let me say in conclusion that the region of the western Balkans has come a long way since the 1990’s. The international community has made a substantial investment in the peace, stability and reconstruction in the region, and we welcome this progress. Slovenia is a full-fledged member of NATO and the EU. Croatia is well on the road to membership in both, and Macedonia and Albania are making progress in the right direction. In a welcome development at the end of last year, Bosnia, Serbia and newly independent Montenegro were invited to join NATO’s Partnership for Peace. The regional trajectory is positive. More importantly, the EU and NATO have made a political commitment to include all of the western Balkan states into Euro-Atlantic institutions, and recognized that Europe will be incomplete without your countries. That does not relieve you of the responsibility to meet the conditions of membership in these institutions, but it does offer a bright future for the region. The issues your societies now face are perhaps less dramatic than achieving peace was a decade and more ago. These are issues of complying with human rights norms and improving the quality of life and the relationship between the individual and his or her government. These issues should be a matter of open, public debate in local and regional fora like this one. For too long nationalism and an “us versus them” mentality have dominated public discussion and driven politics in the region. It is time politicians on all sides put down the megaphones and drop the rhetoric that they have been using to polarize the situation. A new dialogue based on an open discussion of these human issues needs to replace it. This is essential to preventing future conflict, promoting economic and social development and sustaining peace. Only political will on the part of governments and party leaders and the full engagement of NGOs and citizens in this Helsinki process of dialogue can get this job done and complete the transition of the western Balkan states into permanent and stable democracies.  

  • Human Rights, Democracy, and Integration in South Central Europe

    The hearing, led by the Hon. Christopher H. Smith,  the Hon. Sam Brownback , and the Hon. Benjamin L. Cardin, focused primarily on the legal restrictions on religious activities and other attacks on religious freedom, lagging efforts to combat trafficking in persons, discrimination and violence against Roma, and the prevalence of official corruption and organized crime. The efforts to encourage Bosnia-Herzegovina to move beyond the limitations imposed by the Dayton Peace Agreement will be discussed. Further, the plight of the displaced and minority communities of Kosovo, and the need for Serbia to cooperate fully with the International Criminal Tribunal will also be covered.   

  • From Promises to Practice: Implementation of National Policies on Roma, Sinti and Travellers

    By Erika Schlager, Counsel for International Law A recent conference on Romani issues provided a positive benchmark on how far the international community has come in addressing discrimination toward Europe’s largest ethnic minority group.  The meeting also served to highlight how much more national governments have to do to address the needs of Roma in their countries.  On May 4 and 5, 2006, the Government of Romania, along with several inter-governmental and non-governmental partners, hosted an “International Conference on the Implementation and Harmonization of National Policies for Roma, Sinti, and Travellers:  Guidelines for a Common Vision.”  The two-day meeting, conducted in Romani, Romanian, and English, was well attended and focused on housing, employment, community policing, and the status of Roma in Kosovo. Although one opening speaker joked that the magnitude of logos on display for the numerous hosts reminded him of medieval European heraldic insignia, the meeting demonstrated that at least in one area – Romani issues – two major players in this field, the Organization for Security and Cooperation in Europe (OSCE) and the Council of Europe, are able to put aside institutional rivalries in favor of cooperation.  The conference hosts included the Austrian Presidency of the Council of the European Union, the Council of Europe, the European Commission, the European Union Monitoring Center, the European Roma and Travellers Forum, the OSCE, the Project on Ethnic Relations, and the Romanian Government in its capacity as Chair of the Council of Europe and as President of the Decade of Roma Inclusion.  The Bucharest conference was convened to follow up on a similar meeting held in October 2005 in Warsaw. The title of the meeting underscored one of the key goals of Romani activists: turning promises into practice.  For national governments, this means developing both the legal framework as well as the political will necessary for the full implementation of national policies and practices that meet the needs of their Romani minorities.   Currently eight countries – Bulgaria, Croatia, the Czech Republic, Hungary, Macedonia, Romania, Serbia and Montenegro, and Slovakia – participate in the “Decade of Roma Inclusion.”  The Decade is a multilateral initiative, supported by the Open Society Institute (OSI) and the World Bank, designed to establish measurable national goals for improving the situation of Roma in four priority areas:  education, employment, health, and housing.  In the context of this initiative, all of the countries involved have adopted national action plans as a basis for addressing these specific areas during the period 2005-2015. Romani leaders look to opportunities like the Bucharest conference to push for improved implementation of the action plans.  Nicolae Gheorghe, a veteran of the Romani civil rights movement who will soon conclude his tenure as the OSCE Senior Advisor remarked that, 16 years ago, he thought the impetus for change would come from international organizations.  Today, he suggested, change must be implemented by national governments. The focus of the conference was by no means exclusively on the eight Decade countries.  While these eight countries collectively are home to roughly half of Europe’s Romani population, the addition of Central Europe’s large Romani minority into an expanded European Union has also served to heighten the attention given to Romani issues in Western Europe.  This heightened awareness was reflected in the inclusion of speakers from countries such as Finland, Spain, Sweden, and the United Kingdom.  Indeed, one Council of Europe speaker drew pointed attention to problems “in some of the oldest members of the European Union.” The situation of Roma in Kosovo as well as Kosovo Romani refugees and internally displaced person was addressed in a plenary session that underscored the widespread concern over the precarious situation of that particular Romani community.  The plight of Kosovo Roma remains a top priority for Romani activists across the region.  Some speakers argued that Romani representatives should be included in the ongoing status talks on Kosovo. The conference also addressed the issues of housing, employment, and police relations as they relate to the Romani communities.  A Council of Europe official suggested that, in the aftermath of Romania’s recent floods, the Romanian Government should take advantage of the opportunities presented in the post-emergency context to regularize the legal status of Romani housing in flood-affected areas.  A Hungarian Romani police officer noted that the inspiration for his transnational Romani Police Officers Association came from a meeting in New York with representatives of the National Black Police Officers Association. Changes Bring New Challenges As a benchmark for progress, the conference clearly showed how far the international community has come in addressing Roma issues.  In 1994, the OSCE held its first seminar on Romani human rights issues.  At that meeting, two interventions illustrated clearly the chasm that separated governments from the experiences and perspectives of their most vulnerable citizens.  On one side stood Florina Zoltan, who described the brutal pogrom in Hadareni, Romania, that one year earlier had left her a young widow.  On the other side, an Italian Government official welcomed the opportunity to attend a meeting where one could finally talk about that pesky “Gypsy crime problem.”  There was little room for dialogue, let alone mutual cooperation. Twelve years later, the landscape has changed dramatically.  Many government delegations to the Bucharest conference included Romani officials, and the improvements made in protecting the basic human rights of Roma now leaves enough political space for the discussion of other factors which contribute to the marginalization of Europe’s largest minority.  (At the same time, this development prompted one Romani NGO to lament the virtual decapitation of the Romani civil rights movement:  as more Roma move into government and inter-governmental positions, there are fewer independent Romani voices to hold those authorities accountable.) As the number of international meetings on Romani issues has increased in recent years, organizers of such meetings face considerable challenges in meeting the ever higher expectations for them, and governments, non-governmental actors, and international organizations must work hard to avoid duplication and create a sense of forward motion and real change.  And, as suggested in concluding remarks by a Council of Europe representative, such conferences must figure out how to reach out to local governments, national parliaments and, above all, the majority populations which are the source of the discrimination Roma face.

  • Regarding H.R. 1053, Authorizing the Extension of Permanent Normal Trade Relations Treatment to Ukraine

    Mr. Speaker, one year ago, in my capacity as Ranking Member of the U.S. Helsinki Commission, I traveled to Ukraine with my colleague and Chairman, Congressman Chris Smith. We made our trip shortly after the historic Orange Revolution, and I was impressed by the commitment of Ukraine’s new leaders to consolidate democracy, promote respect for human rights, and modernize the country’s economy.  I also was impressed by the leaders’ commitment to further integrate Ukraine into the European and Euro-Atlantic community. I am not the only one to have been impressed by Ukraine’s efforts.  International organizations, such as Freedom House, have acknowledged Ukraine’s progress in recent years in protecting the political rights and civil liberties of its citizens. Mr. Speaker, I believe Congress should demonstrate its support for Ukraine’s reforms by approving legislation today that would grant Ukraine Permanent Normal Trade Relations status, and thereby take it one step closer to becoming a member of the WTO. The passage of PNTR for Ukraine also will show Congress’ support for the efforts of the Yushchenko government to ensure that the upcoming March 26 parliamentary elections will be free and fair.  I am pleased that my Helsinki Commission colleague from Florida, Congressman Alcee Hastings, has been appointed as the OSCE PA Special Coordinator for our election observation mission there, and I look forward to reviewing the mission’s findings and report. So far, the pre-election process, while not completely problem-free, has been dramatically different from the period leading up to the fraudulent elections of November 2004, which ignited the Orange Revolution. In the 2004 election, the Ukrainian government instructed the media about how to cover the elections and systematically abused government resources.  In contrast, the upcoming elections are expected to be free and fair.  Mr. Speaker, I also would like to take a few moments to comment on the issue that underlies the legislation we are considering today. The issue Congress is formally considering today is whether to withdraw the application of the “Jackson-Vanik” amendment to Ukraine and thereby grant Ukraine permanent normal trade relations status. The Jackson-Vanik amendment, which was adopted in 1975, was intended to provide a way for the United States to deny trade benefits to countries that are denying the rights of its citizens, particularly religious minorities. Mr. Speaker, in light of the commitment that Ukraine has demonstrated to protecting the rights of religious minorities, I think it is appropriate that we withdraw the application of the Jackson-Vanik amendment to Ukraine today. Since independence, each successive government of Ukraine has demonstrated a consistent commitment to defending the religious and ethnic rights of all the people of Ukraine.   Current President Victor Yushchenko has continued this unambiguous commitment by pledging to bring minority groups together and reconciling historic conflicts. The International Religious Freedom Report for 2005, published by the U.S. State Department, recognizes that “President Yushchenko has, since taking office, spoken publicly about his vision of a Ukraine in which religious freedom flourishes and people are genuinely free to worship as they please.” It must be understood, however, that there remain issues of concern – most notably the return of communal, religious property that was confiscated during the Soviet era, and the anti-Semitic activities of Ukraine’s largest private university – the Interregional Academy of Personnel Management (MAUP). Mr. Speaker, I have raised both these issues in recent days with the Ambassador from Ukraine and other Ukrainian officials, and I have been impressed by their commitment to addressing these issues. Ukrainian officials have assured me that the government is committed to continuing its efforts to return communal property as required under current law, and that the Government of Ukraine will continue to condemn, at the highest levels, the anti-Semitic activities of the Interregional Academy of Personnel Management. Mr. Speaker, given these concerns, I am pleased that the legislation we are considering today highlights the importance Government of Ukraine’s continuing commitment to ensuring freedom of religion, respect for minorities, and eliminating intolerance. Mr. Speaker, shortly I will yield time to the gentleman from California, Mr. Lantos, the ranking member of the International Relations Committee, and our leader in Congress on issues of human rights, democracy, and religious freedom.  Mr. Lantos is the leader in Congress of our Task Force to Combat Anti-Semitism, and I want to thank him for working with me, the Helsinki Commission, and the OSCE as we have also battled against the rising tide of anti-Semitism in Europe. Ukraine has agreed to certain commitments to fight anti-Semitism – as have all 55 Participating States in the OSCE – and let me make it crystal clear today that we intend to hold Ukraine to those commitments, including their responsibility to denounce anti-Semitic statements, vigorously enforce hate crimes laws, and promote diversity and tolerance in school curricula.  I am pleased that Section 1, paragraph 4 of the resolution before us today references these OSCE commitments. Let me make a personal reflection here.  During my visit to Ukraine last year, I also visited two monuments – the Ukraine Famine memorial, honoring the millions of victims of Stalin’s genocidal 1932-1933 famine, and Babi Yar, where hundreds of thousands of Jews and others were massacred by the Nazis during World War II. Mr. Speaker, it was a very moving experience for me to lay wreaths at the sites of these two memorials. These horrific events were a testament to the cruelty and intolerance of dictatorships.  I do believe that today’s independent Ukraine now understands that respect for human rights and a commitment to democracy and tolerance are the best inoculation against horrors like the Famine and Babi Yar.  The U.S. Government, the Helsinki Commission, and the OSCE look forward to working with a democratic Ukraine as they continue to build their institutions of democracy, establish the rule of law, protect human rights and religious freedom, and combat corruption. In closing, I commend Ukraine for its progress in promoting political and economic freedom for its citizens, and its integration into the global, rules-based economy.  I urge my colleagues to join me in demonstrating support for Ukraine’s efforts by voting today to grant the country permanent normal trade relations status.

  • Debate on "Present World Crisis Regarding Freedom of Expression and Respect for Religious Beliefs"

    In the First Amendment of the Constitution of the United States, the people’s right to freedom of speech, including freedom of the press, and the people’s right to peacefully assemble to protest both, are guaranteed. As political leaders, we have a special responsibility—words have consequences.  When words can lead to anti-Muslim or anti-Semitic or anti-Christian actions—we have a responsibility to speak out against such expression.   The recent political cartoons published in the European press which mock the Prophet Mohammed and equate Islam and practicing Muslims with terrorism are not only offensive but also irresponsible because they foster anti-Muslim sentiment. We should protect the right of the press, but we should condemn such expressions as wrong.   If we do not act, we risk leaving a terrible legacy to our children.    Such a legacy would condone hate speech and racial and religious incitement.  Such a legacy would lead to more tragic and unjustifiable violence, more discrimination against Muslims and more attempts by government to improperly control the media.   We should act effectively and peacefully.    Dr. Martin Luther King, Jr., the most profound civil rights leader in the United States in the 20th Century, cautioned all of us that the legacy of hate and violence must not be hate and violence.  The violent response to the cartoons must be condemned, but our response to the cartoons must be decisive.   The OSCE has acted against anti-Semitism, racism, xenophobia and all forms of religious discrimination.  We have an action plan reinforced by ODIHR and our special representatives.   We need to reinforce our efforts to educate respect and understanding among all religions.  We need to strengthen training on the right and responsibility of a free media.  We need to promote specific and appropriate activities in each of our States to facilitate these goals.    As leaders, let our legacy be for each of our States—freedom of the press and greater understanding and respect for religious diversity.

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