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Tolerance and Non-Discrimination

Over the past decade, Commissioners, the OSCE, and OSCE PA have responded actively to heightened anti-Semitic, anti-Muslim, anti-migrant, and religious and racist violence in the region, including against Roma and People of African Descent in Europe and North America. Commission efforts have also included annual hearings, legislation, and inter-parliamentary initiatives on topics ranging from anti-Semitism and Black Europeans to discrimination against Christians and Muslims in the OSCE region and OSCE Partner States. 

Commissioner initiatives, including OSCE PA resolutions, set the stage for the OSCE’s creation in 2004 of three Personal Representatives focused on combating anti-Semitism, xenophobia, and religious and racial discrimination and the creation of the Tolerance and Non-Discrimination (TND) Office within ODIHR.  The TND office annually collects hate crimes data and provides training and assistance to police, prosecutors, and civil society to combat prejudice and discrimination. The Commission holds regular hearings with the three Personal Representatives and head of the TND Office.  Commissioner initiatives have included joint efforts with European Parliamentarians to advance inclusive governance through regular Transatlantic Minority Political Leadership events in the European Parliament and the State Department and German Marshall Fund to advance diverse and inclusive leaders through the Transatlantic Inclusion Leaders Network; and the introduction of legislative efforts in the U.S. Congress such as the U.S-EU Joint Action Plan to combat prejudice and discrimination.

Staff Contact: Mischa Thompson, senior policy advisor

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  • 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.  

  • 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.

  • 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.

  • European Court Rules in Critical Czech Desegregation Case; Equal Access to Education for Roma Remains Goal

    By Erika B. Schlager Counsel for International Law Summary In 1999, several Romani students from the Czech Republic brought a suit before the European Court on Human Rights alleging that their assignment to “special schools” for the mentally disabled was tainted by racial prejudice and therefore violated European human rights law.  On February 7, 2006, a seven-member Chamber of the Court held that the applicants failed to prove that their placement in “special schools” was the singular result of intentional racial discrimination.  The plaintiffs have 3 months to appeal to a 17-member Grand Chamber.  Elsewhere in Central and Southern Europe, Roma are also pursuing efforts to achieve equal access to education. Background During the Communist-era, many East European countries developed a practice of channeling Roma into schools for children with mental disabilities, called “special schools.”  Critics have argued that this practice constitutes, de facto, a form of segregating Roma into a separate and inferior school system. The Ostrava Case “Unsatisfactory performance of Gypsy children in Czech and Slovak schools is often “solved” by transferring the children to special schools for the mentally retarded. During the school year of 1970-71 in the Czech lands alone, about 20% of Gypsy children attended these special schools as against only 3% of children from the rest of the population. According to psychological tests the great majority of these children should not be in these schools. This indiscriminate transferring of Gypsy children to these special schools, which is the general practice, reflects unfavorably on the whole Gypsy population. A child who “graduates” from such a school has the same standing as a child who did not finish his basic schooling. Access to better employment opportunities is closed. Even art schools are closed to them, while persons with special musical talent - not uncommon among Gypsies - are shunned. Musical and dance groups are interested in these talented persons, however, they cannot employ them. “The main reason for the unsatisfactory performances of Gypsy children is the fact that there are no schools which teach Gypsy culture and try to develop it. The powers that be are, on the contrary, doing everything to suppress Gypsy culture and the media assists in this destruction by spreading lies, such as that Gypsy culture does not exist. Gypsy children are forced to attend schools where they are taught in the Czech or Slovak language and where, from the pictures in the primer, they get the impression that they are foreign, that they are second class citizens, without their own language, without a past and without a future.”   - Situation of the Gypsies in Czechoslovakia, Charter 77 Document No. 23, issued December 13, 1978 by Vaclav Havel and Dr. Ladislav Hejdanek, Charter 77 Spokesmen In 1999, a group of Roma from Ostrava, the Czech Republic’s third largest city, brought suit against their government, alleging that their assignment to “special schools” for the mentally disabled was tainted by racial prejudice and therefore violated Czech national and constitutional law, as well as European human rights law. At the time the case was brought, a number of Czech newspapers ran editorials indirectly espousing some form of school segregation.  For example, one leading newspaper ran an article arguing that educating a “future plumber” and a “future brain surgeon” together ultimately benefits neither one. On October 20, 1999, the Czech Constitutional Court rejected the plaintiffs’ claim.  In the view of the court, it did not have the jurisdiction to address the broad pattern of discriminatory treatment alleged – allegations supported by compelling statistical evidence but no smoking gun that proved an explicit intent to discriminate against the individual plaintiffs. Notwithstanding the Constitutional Court’s perceived jurisdictional inability to provide a remedy to the plaintiffs, the Court recognized “the persuasiveness of the applicants’ arguments” and “assume[d] that the relevant administrative authorities of the Czech Republic shall intensively and effectively deal with the plaintiffs’ proposals.” Having exhausted their domestic remedies, the students then turned to the European Court of Human Rights in Strasbourg, an organ of the Council of Europe. In connection with that suit, Case of D.H. and Others v. The Czech Republic, the Czech Government acknowledged that, nationwide, 75 percent of Czech Roma were channeled into special schools.  In some special schools, Roma made up 80-90 percent of the student body.  The Czech Government also acknowledged that “Roman[i] children with average or above-average intellect [we]re often placed in such schools” for children with mental disability. In opposing the plaintiffs’ claims, the Czech Ministry of Education attempted to deflect an examination of whether their placement in schools for the mentally disabled was the result of racial bias by claiming (among other things) that Romani parents have a “negative attitude” toward education. This assertion was particularly ironic, given the lengths to which the plaintiffs’ parents were willing to go – all the way to Europe’s highest human rights court – to ensure their children could get a good education. “In countries with substantial Romani communities, it is commonplace for Romani children to attend schools that are largely comprised of Roma or to be relegated to Roma classes within mixed schools. In its most pernicious form, segregation is achieved by routing Romani children into ‘special schools’ – schools for the mentally disabled – or into classes for mentally disabled children within regular schools”. - Report on the Situation of Roma and Sinti in the OSCE Area, issued by the OSCE High Commissioner on National Minorities, 2000 Moreover, this broad sweeping generalization, originally made before the Czech Constitutional Court, was viewed by some as confirmation of racial prejudice in the Czech education system. Remarkably, it was repeated without comment in the European Court’s decision.  Putting aside the bias reflected in the Ministry of Education’s assertion, there is no evidence demonstrating that a parent’s “negative attitude” results in actual mental disability in his or her children. Meanwhile, the Czech Government adopted some changes to the law on special schools which came into effect on January 1, 2005 (Law No. 561/2004) and on February 17, 2005 (Decree No. 73/2005).  To some degree, these changes were reactive to the issues raised by the Ostrava suit, including the criticisms of the procedures by which parental consent was purportedly obtained for the placement of children in special schools.  Nevertheless, non-governmental groups monitoring this situation argue that the changes have not dismantled an education system that remains effectively segregated and that the changes fail to provide redress or damages for the Romani plaintiffs from Ostrava who were denied equal access to mainstream schools. The case in Strasbourg was heard by a seven-member Chamber of European Court and resulted in a 6-1 decision.  Significantly, the President of the Chamber issued a concurring decision, in which he stated that some of the arguments of the dissenting judge were very strong.  He also suggested that in order to hold that there had been a violation of the Convention in this case, the Chamber might have to depart from previous decisions of the Court.  In his view, overturning or deviating from past rulings is a task better undertaken by the Grand Chamber of the Court.  The applicants have three months to decide whether to appeal this decision to a 17-member Grand Chamber. While the underlying issues which led Roma to bring this suit still persist, there are many indications that prejudices against Roma in the Czech Republic have diminished since the Ostrava case was first heard by the Czech Constitutional Court.  For example, when the European Court issued its holding in the case, a leading daily paper wrote that although the Czech Government “won” its case, there were still significant problems for Roma in the Czech educational system that needed to be addressed. Limitations of the European Court Decision Significantly, there were several issues the court did not address. The suit in question was brought under Article 14 of the European Convention on Human Rights, which is the non-discrimination provision of the Convention, in conjunction with Article 2 of Protocol 1 to the Convention, which provides for a right to education.  In essence, discrimination in education based on race, ethnicity or social origin is prohibited. When interpreting this standard, the Court referred to previous cases in which it held that States party to the European Convention “enjoy a certain margin of appreciation in assessing whether and to what extent differences in otherwise similar situations justify a difference in treatment.”  The Court also reiterated “that the setting and planning of the curriculum falls in principle within the competence of the Contracting States.”  In short, while European Convention norms prohibit discrimination in education, States still have considerable discretion in designing their education programs.  But while the Court reiterated this jurisprudence, it failed to indicate what is meaningfully left of Articles 14 and Protocol 1, Article 2?  What threshold must be crossed before the court will actually determine that alleged discrimination takes a case out of the discretion of the States party to the Convention and brings it within the reach of the Court? Two other issues the court did not address do not relate so much to the court’s own jurisprudence, but from parallel developments in European Union norms in the field of non-discrimination. “The European Parliament [ . . . c]alls on Member States in which Roma children are segregated into schools for the mentally disabled or placed in separate classrooms from their peers to move forward with desegregation programmes within a predetermined period of time, thus ensuring free access to quality education for Roma children and preventing the rise of anti-Romani sentiment amongst school-children.” - European Parliament resolution on the situation of the Roma in the European Union, adopted April 25, 2005 In 2000, the European Union adopted “Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin,” more commonly known as the “Race Directive.”  The directive is binding on all current 25 Member States of the European Union and is intended to ensure a minimum level of protection from race discrimination in all EU countries in several areas, including education.  (The fifteen countries that were EU members as of 2000 had until July 19, 2003, to transfer the directive into national law; applicant countries had until the date of their accession.  The Czech Republic joined the EU in 2004 but, in fact, it has not yet adopted comprehensive anti-discrimination legislation.  Legislation was introduced in the parliament in late 2005, but the draft was narrowly rejected by the Senate in January 2006.) The Race Directive requires Member States to adopt comprehensive anti-discrimination legislation that, among other things, requires anti-discrimination legislation to include both direct and indirect discrimination.  Indirect discrimination, which is at issue in the Ostrava case, is defined by the directive as occurring when “an apparently neutral provision, criterion or practice would put persons of a racial or ethnic origin at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are proportionate and necessary.”  The legislation should also shift the burden of proof in civil cases from the plaintiffs to the defendants once a prima facie case of discrimination has been made. Thus, the EU Race Directive anticipates exactly the kind of case the plaintiffs in the Ostrava case presented.  Under the provisions of the directive, the overwhelming pattern of disparate treatment of Roma demonstrated by the plaintiffs should shift the burden of proof from them to the Czech Government.  (Notably, the directive was not applicable to the Czech Republic at the time of the Constitutional Court’s decision.) While the European Court of Human Rights does not adjudicate compliance with or implementation of the EU Race Directive, the Court’s overall approach to the Ostrava case appears to lag behind the legal developments in the European Union and, potentially, render the European Court a less effective vehicle for addressing discrimination than other existing or emerging tools in Europe. Regional Issues and Trends On November 27, 2003, the OSCE Permanent Council adopted “Decision No. 566, Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area.”  In particular, that Action Plan calls on the participating States to “[e]nsure that national legislation includes adequate provisions banning racial segregation and discrimination in education and provides effective remedies for violations of such legislation.”  In addition, participating States were urged to: 73.  Develop and implement comprehensive school desegregation programmes aiming at:  (1) discontinuing the practice of systematically routing Roma children to special schools or classes (e.g., schools for mentally disabled persons, schools and classes exclusively designed for Roma and Sinti children); and  (2) transferring Roma children from special schools to mainstream schools. 74. Allocate financial resources for the transfer of the Roma children to mainstream education and for the development of school support programmes to ease the transition to mainstream education. Thus, all OSCE participating States, including the Czech Republic, have agreed, in principle, to the goal of integrating Roma in education and eradicating de facto segregated school where it may exist. In 2004, the European Roma Rights Center issued a report, Stigmata: Segregated Schooling of Roma in Central and Eastern Europe, examining the experiences of five countries (Bulgaria, the Czech Republic, Hungary, Romania, and Slovakia).  The report describes the most common ways of segregating Romani children from non-Roma: channeling Roma into “special schools” for children with developmental disabilities; the de facto segregation that goes hand-in-hand with existence of Romani ghettos; having mixed-population schools where Romani children are segregated into all-Romani classes; and the refusal of some local authorities to enroll Romani children in mainstream schools. The report concludes that, unfortunately, “with the exception of Hungary, concrete government action aimed at desegregating the school system has not been initiated to date.” In addition to the countries examined in Stigmata, the European Roma Rights Center has reported on unequal access to education for Roma in other countries, including Greece and Denmark.  In a 2004 Danish case, Roma were placed into separate classes in one particular locality.  Following complaints from a Romani non-governmental organization, the Danish Ministry of Education intervened to end this practice.  In the case of Greece, the Greek Helsinki Monitor has reported on several localities where Roma are denied equal access to schools.  These cases remain unresolved. In Hungary and Bulgaria, some efforts to litigate this issue have made their way into the courts, with mixed results. “Education is a prerequisite to the participation of Roma and Sinti people in the political, social and economic life of their respective countries on a footing of equality with others. Strong immediate measures in this field, particularly those that foster school attendance and combat illiteracy, should be assigned the highest priority both by decision-makers and by Roma and Sinti communities. Educational policies should aim to integrate Roma and Sinti people into mainstream education by providing full and equal access at all levels, while remaining sensitive to cultural differences.” - OSCE Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, 2003 In October 2004, the Budapest Metropolitan City Court of Appeals upheld a lower court decision ordering a primary school and the local government of Tiszatarjan to pay damages to nine Romani families whose children were wrongly placed in “special schools” between 1994 and 1999.  In June 2005, a court dismissed a case brought against the Miskolc Municipality alleging city-wide segregation.  A Hungarian non-governmental organization which assisted in filing the suit, Chance for Children Foundation, is appealing.  Other legal disputes continue to surround a self-proclaimed “private school” in Jaszladany (established at least in part with municipal resources).  A study commissioned by the Ministry of Education found the “private school” violated the law and contributed to racial segregation. Notwithstanding some recent government initiatives to address this problem in Hungary, desegregation initiatives have met resistance in significant quarters.  Former Prime Minister Victor Orban (who also heads of Hungary’s largest opposition party, FIDESZ), argued in a speech on January 29, 2006, that integrated schooling should not be mandatory, but left to local officials and parents to “choose” or reject.  In fact, the greatest resistance to integrated schooling often comes at the local level. In Bulgaria – where the government continues to deal with Roma through an office for “demographic issues” – efforts to address the causes of segregation have largely originated with the non-governmental community.  Particularly promising results have been achieved in Viden, where community-based efforts, supported by international non-governmental organizations, have resulted in integrating Roma and ethnic Bulgarian school children.  Efforts to replicate that program elsewhere, however, have not been embraced by the government. In addition, in a landmark holding, the Sofia District Court held on October 25, 2005, that the Bulgarian Ministry of Education, the Sofia Municipality and School Number 103 of Sofia violated the prohibition of racial segregation and unequal treatment provided in Bulgarian and international law.   In welcoming that ruling, the European Roma Rights Center declared, “After a period of 51 years, the soul of Brown v. Board of Education has crossed the Atlantic.”

  • Progress and Challenges: The OSCE Tackles Anti-Semitism and Intolerance

    By Ron McNamara, International Policy Director & Knox Thames, Counsel The OSCE Conference on Anti-Semitism and on Other Forms of Intolerance convened in Córdoba, Spain, from June 8-9, 2005. The conference, the third since the Helsinki Commission’s 2002 groundbreaking hearing on “Escalating Anti-Semitic Violence in Europe,” was well attended with many participating States represented by senior-level officials.  New York Governor George E. Pataki headed the U.S. Delegation. Specific sessions were held on: Fighting anti-Semitism and other forms of discrimination, and promoting tolerance - from recommendations to implementation; Anti-Semitism and the media; Education on the Holocaust and on anti-Semitism; Responding to anti-Semitic and hate-motivated crimes; Fighting intolerance and discrimination against Muslims; Fighting intolerance and discrimination against Christians and members of other religions; and, Fighting racism, xenophobia and other forms of intolerance and discrimination. Specialized workshops were focused on: Anti-Semitism and the Media; Implementation of OCDE Office for Democratic Institutions and Human Rights’ (ODIHR) Taskings in the Field of Tolerance and Non-Discrimination; Promoting Tolerance and Ensuring Rights of Religion and Belief; and Combating Racism and Discrimination against Roma and Sinti. Side events were organized to address:  Education on the Holocaust and anti-Semitism; Combating hate speech online in the OSCE framework; Anti-Semitism and satellite television; Teaching the Holocaust and the History of Anti-Semitism in Catholic Schools: Promoting Tolerance and Interfaith Understanding; Why Should We Work Together? The ODIHR’s Law Enforcement Officer Training Program for Combating Hate Crimes; The role of Parliaments in Combating Anti-Semitism; The Anti-Semitism/terrorism Nexus, Hate sites on the Internet; and Discrimination, Hate crimes and Intolerance on the grounds of homophobia. The Conference was preceded by a one-day NGO Forum hosted by the Three Cultures Foundation on June 7, 2005 in Seville.  The opening session included presentations by Professors Gert Weisskirchen and Anastasia Crickley and Ambassador Omur Orhun, who are the three Personal Representatives of the outgoing OSCE Chair-in-Office, Slovene Foreign Minister Dimitrij Rupel.   There was also a video presentation by U.S. Helsinki Commission Chairman Senator Sam Brownback [available here]. The Córdoba Conference was the product of intense negotiations following last year’s Berlin Conference and the adoption of a number of specific commitments by OSCE countries aimed at stemming the tide of anti-Semitism and related violence.  Numerous participating States had actively resisted the convening of a meeting exclusively focused on anti-Semitism and instead argued in favor of a “holistic” approach to tolerance issues.  As OSCE Chair-in-Office (CiO) Dimitrij Rupel put it, “I also hope that Córdoba, and after Córdoba, a truly holistic approach to combat all forms of discrimination and intolerance will prevail, as this is the most effective way to address this issue.” While supporting a broader approach, others, including the U.S. Helsinki Commissioners, voiced concern that the focus on anti-Semitism as a unique form of intolerance not be lost, especially given the dimensions of the Holocaust and European history. Most participating States used the Córdoba Conference to reiterate their commitment to combating anti-Semitism and other forms of intolerance.  Disappointingly few, however, cited concrete steps they are undertaking to implement existing OSCE commitments.  One of the few exceptions was the Solicitor General of the United Kingdom, who reported on the evolution of anti-hate legislation in his country and a new law being considered by Parliament to address anti-religious bigotry.  The Italian and Polish delegations also noted some tangible progress. CiO Rupel reported on initiatives undertaken by the OSCE to improve implementation of commitments made in Berlin.  He also warned that “we must be vigilant against discrimination and show no tolerance for intolerance,” a theme repeated by numerous subsequent speakers. U.S. Helsinki Commissioner Alcee L. Hastings addressed the Córdoba Conference in his capacity as President of the OSCE Parliamentary Assembly.  Hastings reminded participants of the role of parliamentarians, including members of the Helsinki Commission, in ensuring that the issue of anti-Semitism and related violence were given priority in the OSCE framework. The most tangible results to come out of the Córdoba Conference was the Córdoba Declaration, as well as reports presented by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) on “Combating Hate Crimes in the OSCE Region” and “Education on the Holocaust and on Anti-Semitism.”  The declaration recognized that some forms of intolerance need proper definition, and reiterated the Berlin Declaration’s  acknowledgement that “international developments or political issues, including in Israel or elsewhere in the Middle East, never justify anti-Semitism.” According to the ODIHR reports, 13 participating States have not provided any information on statistics, legislation and national initiatives relating to hate crimes.  Of the 42 participating States that have responded, only 29 countries have provided information and statistics on hate crimes and violent manifestations of racism, xenophobia, anti-Semitism, and intolerance.  The quality of information varied widely – one country’s statistical submission consisted of a single sentence. Beyond implementation issues and concerns, three outstanding questions remain to be resolved: Will the OSCE maintain a distinct focus on anti-Semitism or will the issue be folded into a more generic tolerance rubric? Will the current mandates for the three personal representatives be extended? What form will future follow-up, including the possible location of future conferences, on tolerance-related matters take? There is also some concern that the Personal Representatives of the Chair-in-Office have been hampered in undertaking their tasks, and have been hamstrung by limitations that have been imposed on their activities.  It is also unclear whether the newly incoming Chair-in-Office will reappoint the three representatives or, if so, if he will maintain their distinct portfolios. Discussions in Córdoba did little to narrow differences on these points.  The United States has been among the few stalwarts committed to sustaining a particular focus on anti-Semitism.   At the same time, a growing number of countries prefer a “holistic” approach, where distinct issues are discussed under a generic theme. Governor Pataki in closing remarks stressed the need to move beyond words: “We have all given our speeches in the best prose we can muster, but there is more to combating anti-Semitism and intolerance than mere speeches.”  He urged that future follow-up focus on implementation; endorsed the reappointment of the three Personal Representatives under their existing titles; called for preserving a distinct focus on anti-Semitism; supported continuing efforts to combat intolerance and discrimination against Muslims, Christians, and other faiths; and urged further institutionalization of tolerance and non-discrimination work.  Pataki concluded, “We can talk, we can coordinate through the OSCE, but the primary responsibility ultimately rests with the participating States.”      U.S. DELEGATION Governor George E. Pataki, Head of U.S. Delegation Hon. Jennette Bradley, Treasurer, State of Ohio The Most Rev. Charles J. Chaput, Archbishop of Denver and Commissioner, U.S. Commission on International Religious Freedom Sander Ross Gerber, Chairman and CEO of the XTF Group and President of the Gerber Capital Management Group Rabbi Marvin Hier, dean and founder, Simon Wiesenthal Center Kamal Nawash, founder, Free Muslims Coalition Rabbi David Zwiebel, Executive Vice President for Government and Public Affairs, Agudath Israel of America

  • Slovenia’s Leadership of the OSCE

    This hearing examined the challenges facing the Organization for Security and Cooperation in Europe in 2005. New and emerging threats from external actors, including terrorist organizations and rogue regimes, have led the organization to take a greater look at its periphery and seek multilateral responses to issues ranging from terrorist financing to arms proliferation. Issues related to OSCE work were on the agenda of the recent Bush-Putin summit in Bratislava and could impact the organization’s future activity. The testimony of His Excellency Dimitrij Rupel, Foreign Minister of Slovenia and this year’s OSCE Chairman, presented an overview of the wide array of initiatives undertaken by the OSCE regarding issues like human trafficking, organized criminal activity and official corruption, anti-Semitism and other forms of intolerance, human rights violations in countries of Central Asia, and areas of tension or conflict in the Caucasus, the Balkans and elsewhere in the expansive OSCE region. Strategies for continuing to pursue these issues were discussed.

  • OSCE Conference Focuses on Racism, Xenophobia, and Discrimination

    By H. Knox Thames CSCE Counsel The second Organization for Security and Cooperation in Europe conference on Tolerance and the Fight against Racism, Xenophobia and Discrimination convened in Brussels, Belgium, September 13-14, 2004.  Along with the first conference held last fall in Vienna, the two meetings were part of broad efforts by OSCE participating States to address concerns about intolerance and anti-Semitism. Alphonso Jackson, Secretary of Housing and Urban Development, led the United States Delegation.  Other U.S. delegates included Dr. Maha Hadi Hussain, University of Michigan; Tamar Jacoby, Senior Fellow at the Manhattan Institute; William Cardinal Keeler, Archbishop of Baltimore; Larry Thompson, former U.S. Deputy Attorney General; Robert L. Woodson, President of the National Center for Neighborhood Enterprise; and Stephan M. Minikes, U.S. Ambassador to the OSCE. Conference participants included 47 OSCE participating States, five Mediterranean Partners for Cooperation, and many non-governmental organizations representing a range of interests.  His Royal Highness Prince Filip of Belgium, His Royal Highness Prince Hassan of Jordan, and His All Holiness Patriarch Bartholomew I addressed the opening session of the conference.  United States Helsinki Commission Member Rep. Alcee L. Hastings (D-FL) also spoke at the opening session in his capacity as President of the OSCE Parliamentary Assembly. The Brussels Conference consisted of four plenary sessions and four workshops.  Considering the broad themes of the conference, the plenary sessions focused on a variety of issues related to intolerance: governmental actions in law enforcement and promoting tolerance; efforts to combat discrimination against legal migrant workers; and efforts to promote tolerance through education and the media.  The workshop topics were equally diverse, addressing discriminatory government policies affecting religious freedoms, promotion of tolerance toward Muslims, and combating discrimination based on color. The Office of Democratic Institutions and Human Rights also reported on its strategy and activities relating to tolerance.        Members of the U.S. Delegation participated fully in all aspects of the conference, giving introductory statements at plenary sessions and actively engaging in discussions regarding various forms of discrimination. In the first session, “Legislative and Institutional Mechanisms and Governmental Action, including Law Enforcement,” U.S. Head of Delegation, Secretary Jackson noted that “abuses prompted by disregard for the principles of tolerance and non-discrimination occur in countries across the globe.  Some come in the form of individual acts of racism that harm only small numbers of people at a time.  Others come in the form of national policies that discriminate against certain segments of society.  All pose a challenge that all countries must confront directly in order to guarantee the freedom, democracy, and prosperity that we hold dear.” During the workshop entitled “Facilitating Freedom of Religion and Belief through Transparent and Non-Discriminatory Laws, Regulations, Policies and Procedures,” Cardinal Keeler stressed that participating States must “work to implement non-discriminatory laws, avoiding those that limit the ability of groups to operate equally. Registration systems should not create unfair tiered systems offering unique benefits and privileges to some and lesser legal status to others, or establish numerical thresholds almost impossible to meet.” Dr. Hussain’s contribution to the workshop on “Promotion of Tolerance and Non-Discrimination toward Muslims” addressed a number of issues, also singling out specific examples of governmental discrimination against Muslims.  “While the threat of terrorism is real and it can never be condoned, the negative attention stigmatizes communities and fosters xenophobia against minorities—be they Muslims, Arabs or others,” said Hussain.  “It also can result in violation of individual privacy and abuse of police powers.  It is hard to justify these actions, particularly in democratic states where human and minority rights are meant to be protected.” In the closing session, Secretary Jackson urged OSCE participating States and conference participants to combat all forms of discrimination, especially those based on skin color.  He spoke from his own experiences growing up in the southern United States in the 1960s during the  Civil Rights Movement.  Jackson noted how far the United States has traveled toward tolerance.  He observed, however, that work within the United States is not finished.  “That is why we gathered here this week to share our experiences and learn all we can from one another … to discuss the successes we have achieved in our respective countries … and to recommit ourselves to resolving the challenges that remain,” Secretary Jackson said.  “We know there is much work ahead of us, but as nations committed to promoting tolerance and diversity, we must focus the combined and concerted efforts of government, civil society, and individuals in the pursuit of positive change.”  The U.S. Delegation proposed 13 recommendations for consideration in future efforts to address issues of discrimination and intolerance, which included: Leaders of participating States should speak out and take resolute action against attacks and crimes directed at individuals based on race, color, religion, political or other opinion, sex, language, national or social origin, property, birth or other status. Participating States without anti-discrimination laws should enact such legislation at the earliest opportunity.  Those states with anti-discrimination laws should make strengthening such legislation a top priority.  All states may consult ODIHR on best practices. Participating States should reach out to minority communities and establish procedures for the reporting of possible bias-motivated crimes and violations of anti-discrimination laws.  Authorities should ensure the rapid and effective investigation and prosecution of such crimes. Participating States, OSCE Institutions, and NGOs should cooperate in developing training programs for law enforcement and justice officials on legislation relating to hate crimes and its enforcement. Participating States should affirmatively declare that institutionalized discrimination against religious communities is unacceptable and ensure that their legal systems foster equality, not subordination, of religious groups.  Registration laws, policies, and procedures should be non-discriminatory, neutral and transparent and should not use overly burdensome numerical or temporal thresholds. The OSCE should consider meetings on the promotion of tolerance and nondiscrimination toward Muslims. The conference concluded in similar fashion to the Berlin Conference on Anti-Semitism, with the reading of a declaration by OSCE Chair-in-Office, Bulgarian Foreign Minister Solomon Passy.  The “Brussels Declaration” condemned “without reserve all forms of racism, xenophobia and anti-Semitism and other acts of intolerance and discrimination, including against Muslims” and organizations and individuals that promote “hatred or acts of racism, xenophobia, discrimination, or related intolerance, including against Muslims, and anti-Semitism.”  In parallel to the Berlin Declaration, the Brussels Declaration also declared “unambiguously that international developments or political issues never justify racism, xenophobia or discrimination,” while also rejecting the “identification of terrorism and extremism with any religion, culture, ethnic group, nationality or race.”  Following the Berlin precedent, the Brussels Declaration incorporated a previously agreed Permanent Council decision setting forth actions participating States and ODIHR should undertake.  Reinforcing the PC decision for Berlin, participating States again agreed to “collect and maintain reliable information and statistics about hate crimes” and to forward that information to ODIHR periodically, and directed ODIHR to work with international organizations in this endeavor and to report their findings to the Permanent Council.  States decided to “take steps to combat acts of discrimination and violence” against Muslims, migrants and migrant workers, and to consider “undertaking activities to raise public awareness of the enriching contribution of migrants and migrant workers to society.”  In addition, governments committed to “consider establishing training programmes for law enforcement and judicial officials on legislation and enforcement of legislation relating to hate crimes.”  The Brussels Declaration and statements given at the conference are available at http://www.osce.org/events/conferences/tolerance2004.  The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce.     United States Helsinki Commission Intern Judy Abel contributed to this article.

  • OSCE Meeting Examines Hate Crimes and Racist, Xenophobic, and Anti-Semitic Internet Propaganda

      “I disapprove of what you say, but I will defend to the death your right to say it.” – Voltaire By Erika Schlager CSCE Counsel on International Law On June 16 and 17, 2004, the Organization for Security and Cooperation in Europe’s participating States met in Paris for a meeting on “the Relationship between Racist, Xenophobic and Anti-Semitic Propaganda on the Internet and Hate Crimes.”  The meeting was part of an OSCE focus this year on racism, xenophobia, discrimination, and anti-Semitism and, like two other special human dimension meetings scheduled for this year, was mandated by the OSCE Ministerial Meeting held Maastricht last December. Conferences on anti-Semitism (held in Berlin, April 28-29) and racism, discrimination and xenophobia (to be held in Brussels, September 13-14) are intended to build on high-level meetings already held last year in Vienna on those same subjects. The Paris meeting focused on a specific issue – the Internet - related to the overall topic.   The convocation of a special meeting on the relationship between racist, xenophobic and anti-Semitic propaganda on the Internet and hate crimes was the product of advocacy by non-governmental organizations such as IN@CH, the International Network Against Cyber Hate, and the leadership of the Government of France.  IN@CH had previously raised awareness of the problem of hate mongering on the Internet at the OSCE’s annual Human Dimension Implementation Meeting in 2002 and, at the 2003 Human Dimension Implementation Meeting, hosted a side-event on the subject.  Historically, the OSCE has been most effective when governments gain a sense of ownership of an issue and exercise leadership in moving it forward.  Non-governmental organizations typically play a critical role in identifying concrete human rights problems and bringing them to the attention of governments. The U.S. Delegation to the Paris meeting was jointly led by Ambassador Stephan M. Minikes, head of the U.S. Mission to the OSCE; R. Alexander Acosta, Assistant Attorney General for Civil Rights; and Dan Bryant, Assistant Attorney General for Legal Policy.  Markham Erickson, General Counsel from Net Coalition; Brian Marcus, Director of Internet Monitoring; Anti-Defamation League, and Ronald Rychlak, Professor of Law and Associate Dean, University of Mississippi Law School, joined the delegation as Public Members.  Other members of the delegation came from the Department of State, the Department of Justice, and the Helsinki Commission.  The United States Delegation engaged fully in the 2-day meeting, making presentations in all formal sessions and side events, holding bilateral meetings, and conducting consultations with non-governmental organizations.  Assistant Attorney General Dan Bryant was a keynote speaker. Although the meeting was mandated to examine the relationship between hate propaganda on the Internet and hate crimes, few participants actually discussed the nexus between these two phenomena.  For many participants, the existence of a cause-and-effect relationship was simply an article of faith or intuition, and did not lead to an exploration of the nature of that relationship.  As a consequence, the meeting made only a marginal contribution to an understanding of which populations might be most vulnerable to the influence of hate propaganda, whether hate propaganda on the Internet fosters some particular kinds of hate crimes more than others, or whether the effect of hate propaganda on the Internet plays a different role in fostering violent crimes than, for example, weak law enforcement or public officials who make or refuse to condemn racist, anti-Semitic or xenophobic remarks.  It is not clear whether web-based hate propaganda is related to spikes in hate crimes that have occurred in some countries in recent years, or why, as seems to be the case, some places with unfettered Internet access have relatively lower levels of hate crimes than other places with similarly unfettered Internet access. Nevertheless, participants did address a broad range of subjects related to hate propaganda, hate crimes and the Internet over the course of the two days.  Formal sessions focused on “Legislative Framework, Including Domestic and International Legislation Regarding Propaganda on the Internet and Hate Crimes,” “The Nature and Extent of the Relationship between Racist, Xenophobic and anti-Semitic Propaganda on the Internet and Hate Crimes,” “Public and Private Partnerships in the Fight Against Racism, Xenophobia and Anti-Semitism on the Internet – Best Practices,” and “Promoting Tolerance on and through the Internet – Best Practices to Educate Users and Heighten Public Awareness.”   Side events were held on “Guaranteeing Media Freedom on the Internet,” “‘The IN@CH Network’ - Dealing with Cyber Hate on a Daily Basis,” “Identifying Examples of Hate Speech: A BBC Monitoring Project,” “Filtering: Princip, the Solution that goes beyond Key Words,” “Satellite Television and Anti-Semitism: How to Combat the Dissemination in Europe of Racist and Anti-Semitic Propaganda through Satellite Television?” and “Promoting Awareness of Anti-Semitism in the European Classroom: Teacher Training, Curricula, and the Internet.” A number of speakers, including U.S. Government representatives, discussed the legal mechanisms for action that might be taken when hate propaganda rises to the level of a crime in and of itself, such as when the hate propaganda constitutes a threat or incitement to a criminal action.  Many speakers discussed the role of non-governmental organizations in monitoring and facilitating the removal of hate sites from the web when they violate the terms of agreements with their Internet service providers (ISPs).  Some participants described ways in which the pernicious effects of hate speech can be mitigated or countered.  For example, a Canadian non-governmental organization, Media Awareness Network, made a presentation on programs in Canadian schools designed to teach children to distinguish between hate propaganda sites and legitimate information sources.  Vividly illustrating the challenges and risks for those organizations which monitor and report on the activities of extremist hate groups, the offices of People Against Racism, a Slovak non-governmental organization that participated in Paris meeting, were burned out only weeks before the meeting opened. Although there was broad agreement on the goal of combating hate propaganda, some participants flagged concerns about the methods that might be used to that end.  For example, industry representatives provided some insight regarding difficulties faced due to the technological challenges of tracking, filtering, or blocking hate propaganda transmitted through the Internet, emails, or text messaging.  Some concepts of regulation, they argued, could not be effectively implemented given the state of current technology.  Asking ISPs to be responsible for screening all content on the web is not feasible, anymore than making telephone companies responsible for everything that gets said over the telephone. A few participants drew attention to factors other than hate propaganda on the Internet that may contribute to hate crimes.  A Russian non-governmental representative, for example, remarked that there was more anti-Semitism in the Russian State Duma than on Russian-language web sites.  And, illustrating the complexities of deciding exactly what constitutes hate propaganda, one non-governmental representative argued that evangelical Christian sites that reach out to Jews should be considered anti-Semitic.  Similarly, the Russian delegation identified the web sites of the Jehovah’s Witnesses and Hare Krishnas as “promoting hate doctrines.” Other concerns were voiced as well.  Some non-governmental groups suggested that ISPs were ill-suited to determine whether web sites constituted hate propaganda or not.  One described an ISP that removed an innocuous site devoted to English philosopher John Stuart Mill after that non-governmental organization – testing the bases upon which ISPs would act – urged the ISP to take down the allegedly racist site. Regulation of hate propaganda by ISPs, they concluded, lacked transparency and accountability. Some speakers warned that combating hate propaganda could be used as a pretense for sanctioning views disfavored by the regime.  The International League for Human Rights suggested that states with “weak democratic institutions and traditions” should not be entrusted with additional powers of control beyond those that already exist.  Indeed, some speakers argued there have already been instances where laws against incitement to racial hatred (or similar laws) have been misapplied for political or other purposes.  The ongoing fight against terrorism, they suggested, increases that danger.  In fact, only days after the Paris meeting concluded [June 22], the Paris-based watchdog Reporters without Borders released a report entitled “Internet Under Surveillance,” documenting repression of the Internet around the globe.  One of the U.S. recommendations made during the meeting was that the OSCE Representative on Freedom of the Media should examine whether hate speech laws are being enforced in a discriminatory or selective manner or misused to suppress political dissent.  The full texts of statements circulated at the Paris meeting by the United States and other participants are available through the OSCE’s Internet web site at http://www.osce.org/events/conferences/anti-racism. One of the sub-texts of the meeting was the putative “Atlantic Divide.” In the context of discussions of “cyber hate” and hate crimes, this phrase was used to describe the perceived gulf between the United States’ and Europe’s approaches to hate propaganda.  According to the adherents of the “Atlantic divide” theory, the United States is a free-speech Wild West, where speech has no limitations or legal consequences.  “Europe,” in contrast, is portrayed as a unified region speaking with one voice, populated by those who have wisely learned from the horrors of World War II that dangerous speech can and must be sanctioned and that governments are easily capable of performing this task and do so as a matter of course.  The “Atlantic Divide” perception was fostered by Robert Badinter, former French Minister of Justice and current president of the OSCE Court of Arbitration and Conciliation, who, in a keynote address, dramatically appealed to the United States to “stop hiding behind the first amendment.” Others, however, implicitly or explicitly rejected this overly simplistic image.  In the United States, a long chain of legal authority recognizes that the right to free speech and freedom of expression is not absolute.  As U.S. Public Member Robert Rychlak noted, “When speech crosses the line and becomes more than speech – when it presents a clear and present danger – the authorities must be prepared to step in and take legal action.  At that time, the speech may constitute an actual threat, true harassment, or be an incitement to imminent lawlessness.”  Department of Justice officials separately gave examples of numerous recent cases where individuals were prosecuted for sending email messages that rose to the level racially motivated threats.  While it is important not to over-read these or related cases – criminal sanctions based purely on one’s opinion remain prohibited – they should dispel the misimpression that there are no limitations whatsoever on speech or the consequences of speech in the United States. Conversely, the context of the meeting also provided an opportunity to reflect on the image of Europe as a continent uniformly bound in a single regulatory approach to hate speech.  In reality, the national laws relating to hate speech of individual European countries vary considerably; what constitutes prohibited speech in one country may be permitted in the next.  Moreover, both national courts and the European Court of Human Rights apply balancing tests to speech restrictions that, while not identical to balancing tests applied by U.S. courts, are not entirely dissimilar.  The Hungarian Constitutional Court, for example, in May 2004 held that a proposed hate speech law would violate the free speech provisions of the Hungarian Constitution.  Just before the opening of the Paris meeting, on June 13, the French Constitutional Council struck down parts of a new law governing communication over the Internet (adopted to implement a June 8, 2000, European Union directive on electronic commerce). The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce.

  • Mayor Giuliani, Chairman Smith Lead U.S. Delegation to OSCE Conference on Anti-Semitism

    By H. Knox Thames CSCE Counsel The Organization for Security and Cooperation in Europe (OSCE) held an historic international conference in Vienna, Austria on June 19-20 to discuss anti-Semitism within the 55 participating States. While the OSCE states have addressed anti-Semitism in the past, the Vienna Conference represented the first OSCE event specifically devoted to anti-Semitism. Former New York City Mayor Rudolph W. Giuliani and United States Helsinki Commission Chairman Rep. Christopher H. Smith (N-04J) led the United States delegation. Commissioner Rep. Alcee L. Hastings (D-FL), who currently serves as a Vice President of the OSCE Parliamentary Assembly, was also part of the U.S. delegation. Public members of the delegation were: Rabbi Andrew Baker, American Jewish Committee; Abraham Foxman, Anti-Defamation League; Cheryl Halpern, National Republican Jewish Coalition; Malcolm Hoenlein, Conference of Presidents of Major American Jewish Organizations; Mark Levin, NCSJ; and, Daniel Mariaschin, B’nai B’rith. U.S. Ambassador to the OSCE, Stephan M. Minikes, and the U.S. Special Envoy for Holocaust Issues, Ambassador Randolph Bell, also participated. The personal representative of the Dutch OSCE Chair-in-Office, Ambassador Daan Everts, opened the meeting expressing dismay that in the year 2003 it was necessary to hold such a conference, but "we would be amiss not to recognize that indeed the necessity still exists." Bulgarian Foreign Minister Solomon Passy declared "anti-Semitism is not a part of [Europe’s] future. This is why this Conference is so important, and I believe it will have a strong follow-up." Former Polish Foreign Minister Wladyslaw Bartoszewski, a Holocaust survivor, cited free societies as an essential element in combating anti-Semitism. The European Union statement, given by Greece, noted that anti-Semitism and racism are "interrelated phenomena," but also stated "anti-Semitism is a painful part of our history and for that requires certain specific approaches." Mayor Giuliani began his remarks to the opening plenary with a letter from President Bush to conference participants. Citing his visit to the Nazi death camp at Auschwitz, the President recalled the "inhumanity and brutality that befell Europe only six decades ago" and stressed that "every nation has a responsibility to confront and denounce anti-Semitism and the violence it causes. Governments have an obligation to ensure that anti-Semitism is excluded from school textbooks, official statements, official television programming, and official publications." Many OSCE participating States assembled special delegations for the conference. The German delegation included Gert Weisskirchen, member of the German parliament and a Vice President of the OSCE Parliamentary Assembly, and Claudia Roth, Federal Government Commissioner for Human Rights, Policy and Humanitarian Aid. The Germans called for energetic actions by all the participating States to deal with anti-Semitism and stressed the need for appropriate laws, vigorous law enforcement and enhanced educational efforts to promote tolerance. Mr. Weisskirchen stressed that anti-Semitism was a very special form of bigotry that had haunted European history for generations and therefore demanded specific responses. In this spirit, Germany offered to host a follow-up OSCE conference in June 2004 focusing exclusively on combating anti-Semitism that would assess the progress of initiatives emerging from the Vienna Conference. The French delegation was led by Michel Voisin of the National Assembly, and included the President of the Consistoire Central Israelite de France, Jean Kahn, and representatives from the Ministry of Justice and the Office of Youth Affairs, National Education and Research. The French acknowledged with great regret the marked increase in anti-Semitic incidents that have occurred in France during the past two years. In response, France had passed new laws substantially increasing penalties for violent "hate crimes," stepped up law enforcement and was in the process of revising school curricula. The work of the conference was organized under several focused sessions: "Legislative, Institutional Mechanisms and Governmental Action, including Law Enforcement"; "Role of Governments in Civil Society in Promoting Tolerance"; "Education"; and, "Information and Awareness-Raising: the Role of the Media in Conveying and Countering Prejudice." Mayor Giuliani noted the fact that the conference was being held in the same building where Hitler announced the annexation of Austria in 1938. "It’s hard to believe that we’re discussing this topic so many years later and after so many lessons of history have not been learned; and I am very hopeful that rather than just discussing anti-Semitism, we are actually going to do something about it, and take action." Giuliani, drawing on his law enforcement background and municipal leadership, enumerated eight steps to fight anti-Semitism: 1) compile hate crime statistics in a uniform fashion; 2) encourage all participating States to pass hate crime legislation; 3) establish regular meetings to analyze the data and an annual meeting to examine the implementation of measures to combat anti-Semitism; 4) set up educational programs in all the participating States about anti-Semitism; 5) discipline political debate so that disagreements over Israel and Palestine do not slip into a demonizing attack on the Jewish people; 6) refute hate-filled lies at an early stage; 7) remember the Holocaust accurately and resist any revisionist attempt to downplay its significance; and 8) set up groups to respond to anti-Semitic acts that include members of Islamic communities and other communities. Commissioner Hastings identified a "three-fold role" governments can play in "combating anti-Semitic bigotry, as well as in nurturing tolerance." First, elected leaders must "forthrightly denounce acts of anti-Semitism, so as to avoid the perception of silent support." He identified law enforcement as the second crucial factor in fighting intolerance. Finally, Hastings noted that while "public denunciations and spirited law enforcement" are essential components to any strategy to combat anti-Semitism, they "must work in tandem with education." He concluded, "if we are to see the growth of tolerance in our societies, all governments should promote the creation of educational efforts to counter anti-Semitic stereotypes and attitudes among younger people and to increase Holocaust awareness programs." Commission Chairman Christopher H. Smith, who served as Vice Chair of the U.S. delegation to the Vienna Conference, highlighted how a "comprehensive statistical database for tracking and comparing the frequency of incidents in the OSCE region does not exist, [and] the fragmentary information we do have is indicative of the serious challenge we have." In addition to denouncing anti-Semitic acts, "we must educate a new generation about the perils of anti-Semitism and racism so that the terrible experiences of the 20th century are not repeated," said Smith. "This is clearly a major task that requires a substantial and sustained commitment. The resources of institutions with special expertise such as the U.S. Holocaust Memorial Museum must be fully utilized." In his closing statement Giuliani stressed that anti-Semitism "has its own history, it has a pernicious and distinct history from many prejudicial forms of bias that we deal with, and therefore singular focus on that problem and reversing it can be a way in which both Europe and America can really enter the modern world." He enthusiastically welcomed the offer by the German delegation to hold a follow-up conference on anti-Semitism, in Berlin in June 2004. Upon their return to Washington, Giuliani and Smith briefed Secretary Powell on the efforts of the U.S. delegation in Vienna and the importance of building upon the work of the Conference at the parliamentary and governmental levels. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • U.S. Policy Toward the OSCE - 2003

    The purpose of this hearing was to examine U.S. policy toward the 55-nation Organization for Security and Cooperation in Europe (OSCE). The Commission hearing focused on how the Administration has been using the OSCE to promote U.S. interests in the expansive OSCE region, particularly as a tool for advancing democracy. In addition the hearing touched on the anticipated OSCE Human Dimension Implementation Review. In light of the September 11th terrorist attacks, the hearing discussed the link between state repression and violence and the role of building democracy  in U.S. national security interest. The witnesses and Commissioners discussed how the Helsinki Accords is based on mutual monitoring, not mutual evasion of difficult problems and how this concept can be effective tool for the U.S. foreign policy apparatus. In particular, the hearing covered situations in Central Asia and in authoritarian countries within the OSCE that are not putting forth meaningful reform.

  • Commission Holds Briefing on Ethnic and Religious Intolerance in Today's Russia

    By John Finerty, CSCE Staff Advisor On October 15, 2002, the Helsinki Commission held a briefing devoted to two recently issued reports on the subject of ethnic and religious intolerance in today’s Russia: the Moscow Helsinki Group’s “Nationalism, Xenophobia and Intolerance in Contemporary Russia” and “Anti-Semitism, Xenophobia, and Religious Persecution in Russia’s Regions” issued by the Union of Councils for Jews in the Former Soviet Union. Expert panelists were Ludmilla Alexeyeva, Chairperson of the Moscow Helsinki Group; Tatyana Lokshina, International Department, Moscow Helsinki Group; Micah Naftalin, Executive Director of the Union of Councils for Jews in the Former Soviet Union; and Dr. Leonid Stonov, Director of International Programs for the Union. In his opening statement, Commission Senior Advisor Donald Kursch welcomed the prospect of openness and tolerance in Russia, calling for the Russian leadership to set an example for its citizens to emulate. “Achieving success in the fight against intolerance demands strong leadership by the Russian Government and the Duma to provide effective legislation, regulations and standards. Training and sensitizing public officials...to be proactive in dealing with attacks on religious and ethnic minorities is critical,” he remarked. The panelists described the rise of ethnic and religious intolerance in several regions of the Russian Federation and the general lack of adequate response by authorities to the violence that frequently accompanies this intolerance. Such inaction, Alexeyeva contended, sends a message encouraging further manifestations of violence based on xenophobia and intolerance. She pointed to growing prejudice against persons from the Caucasus region of Russia, “Caucasophobia (sic) is definitely the most serious problem that Russia is faced with today. It is very widespread among the population in general, at all levels.” As an example of this phenomenon, Ms. Alexeyeva cited remarks by the former governor of the Krasnodar Region, Alexander Tkachev, who stated that people who do not have Russian last names or last names with typical Russian endings “have no place in the territory of Krasnodar Region.” Ms. Lokshina addressed the “religious xenophobia” carried out against minority religions, most notably against Catholics. There have been several instances in which Catholic clergymen from abroad have been denied permission to return to the Russian Federation despite their possession of valid entry visas and longstanding ties with their Russian parishes. “The introduction of educational programs that focus on the dangers of racism, nationalism and xenophobia and that foster respectful attitudes toward cultural diversities in officials, especially in police officials, judges and law enforcement, is vital and necessary in Russia,” she contended. Mr. Naftalin supported the statements made by the prior panelists, raising particular concern about anti-Semitism in the Russian Federation. He reported that, according to his organization’s research, there had been instances of xenophobic aggression and anti-Semitism in 63 of Russia’s 89 regions, and that violent incidents against minorities in Russia has increased 30 percent from last year. This exemplifies “a failed criminal justice system that it is in both Russia's and America's interest to repair,” he asserted. Against the negative attitudes of many public officials, Mr. Naftalin complimented the positive attitude and actions of Russia’s Human Rights Ombudsman, Oleg Mironov, and his regional network of regional offices. Naftalin concluded that the West should treat and monitor human rights abuses as seriously as the West monitors and inspects access to weapons of mass destruction. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. United States Helsinki Commission Intern Shadrach Ludeman contributed to this article.

  • The Status of Human Rights in Russia

    This briefing addressed the recent changes in the Russian government and what they might portend for human Rights in Russia. Specifically, economic troubles that led to the emergence of extremist politics and subsequent human rights abuses were the main topic of discussion. Witnesses testifying at the briefing – including Rachel Denber, Deputy Director of the Europe and Central Asia Division of Human Rights Watch; Mark Levin, Executive Director of the National Conference on Soviet Jewry; and Lauren Homer, President of Law and Liberty Trust – evaluated the status of human rights abuse in Russia resulting from a mix of repression, corruption, inertia, and neglect. Freedom of speech, freedom of information, and freedom of religion were especially emphasized as aspects of human rights that Russia needs to improve in the future

  • Pluralism and Tolerance in Croatia

    This briefing moderated by Commission Policy Advisor Robert Hand focused on the many developments in Croatia at the time, including the issue of human rights- an area that Croatia needed to improve upon.  Likewise, in order to be fully embraced by the European community, as Hand said, the country needed to democratize. At that point in time, the country of Croatia stood at a crossroads. In January 1998, Croatia resumed control over eastern Slavonia, its last enclave occupied by Serb militants since the fall of 1991. Before resumption of Croatian control, the area was under U.N. administration the two years before. As sovereignty was reached on the entire state territory, priorities began to shift and the Croatian government came under strong internal and external pressure to allow acceleration of democratic development.

  • U.S. Statements on the Human Dimension, 1996 OSCE Vienna Review Conference and Lisbon Summit

    This compendium of statements illustrates the U.S. perspective that one of the key and distinguishing features of the OSCE is the interlocking framework of critical, politically binding commitments which provide a common set of principles to which all participating States can aspire. The OSCE draws its real strength and practical flexibility from participating states' commitments to the values of the original Helsinki Act, rather than from a legalized, treaty-based institutional structure. A fundamental strength of the OSCE is the review process, which provides a regular opportunity to assess a participating states' efforts to further the realization of the Helsinki Accords within its own borders, and in its relations with other OSCE states. The OSCE is increasingly a pillar of European security. By facilitating honest implementation review the OSCE can strengthen security links based on common values.

  • CSCE Implementation Meeting on Human Dimension Issues

    Against a backdrop of savage conflicts in Bosnia-Herzegovina, Nagorno Karabakh, and Georgia, attendant refugee crises throughout the region, and a wave of sometimes violent racism and xenophobia even in long-established European democracies, the participating states of the Conference on Security and Cooperation in Europe (CSCE) met in Warsaw, Poland in 1993 for the first biannual Implementation Meeting on Human Dimension Issues As specified by the 1992 Helsinki Document, the meeting included a thorough exchange of views on the implementation of Human Dimension commitments, consideration of ways and means of improving implementation, and an evaluation of the procedures for monitoring compliance with commitments. The dramatic unfolding over the course of the meeting of the showdown within the Russian government-- culminating in the shelling of the Russian Parliament building by government troops-- served as a sober reminder to participants of the vulnerability of democracy in transition and the importance of shoring up Human Dimension compliance.

  • U.S. Helsinki Commission Delegation to Romania, Macedonia, Kosovo, and Vienna

    The Commissions Delegation's visit to Romania, the first since April 1990, had two main objectives. The first was to assess, though meetings with a broad spectrum of non-governmental and official actors, Romania's current level of democratic and market reform. The second was in recognition of Romania's critical role in the effort to enforce U.N. sanctions against Serbia and Macedonia, and the broader political strategic role of Romania in the Balkans. The delegation also traveled to Macedonia to complete the itinerary of a visit to the area in November 1992, which had to be cut short because of inclement weather conditions. Indeed, the signs of the oncoming winter which the Commission saw at that time led it to raise concern over the deteriorating condition which Macedonia and the tens of thousands of Bosnian refugees residing there faced. The April 1993 visit afforded a useful opportunity to see firsthand the extent to which the country had satisfactorily coped with these deteriorating conditions and the prospects generally for the stability and democratization of an independent Macedonia. The delegation then visited Kosovo to observe firsthand the volatile situation there. The situation is a matter of considerable international concern given the chances for the war in nearby Bosnia-Herzegovina to have a spillover effect in which the tension exist between the Serbian authorities and th majority Albanian population could erupt into violence, either by intent or by spontaneous incident. The delegation wanted to hear the views of the authorities as well as of the leaders of the Albanian community, and to raise its concerns, particularly to the authorities regarding human rights. Finally, the delegation wanted to learn about the activities of the CSCE mission of Long-Duration based in Kosovo to monitor developments in the area and to ease tension in society. The delegation finished its trip in Vienna, Austria to meet with the U.S. delegation to the CSCE. Vienna is becoming the CSCE's operational center, with the Conflict Prevention Center, which provided logistical support to the missions as well as the ongoing arms control and security forum, the Forum on Security Cooperation (FSC), and regular meeting of the participating States.  

  • Report: the U.S. Helsinki Commission Delegation to Hungary, Greece, Macedonia and Croatia (Nov. 11-17,1992)

    Budapest, Hungary, was the first stop of the Helsinki Commission delegation led by Commission CoChairman Senator Dennis DeConcini to Hungary, Greece, Macedonia, and Croatia. While in Hungary, the delegation planned to discuss a variety of domestic, bilateral, and regional issues with President Arpad Goncz, Prime Minister Jozsef Antall, and other high-level Hungarian officials. Chief among them were questions regarding the ongoing crisis in the former Yugoslavia; the delegation hoped to gain perspective on the regional ramifications of the crisis, and to learn more about Hungary's needs, concerns, and recommendations. Also critical was discussion of the specter of anti-Semitism and intolerance in Hungary, as manifested by the outspoken Vice President of the ruling Hungarian Democratic Forum Istvan Csurka; the delegation wished to express its strong condemnation of Csurka's divisive and exclusivist version of nationalism. Hungary's relations with the soon-to-be-independent Slovakia were also on the agenda, as well as the ongoing controversy over the Gabcikovo-Nagymoros Dam. The Commission delegation travelled to Macedonia to meet with government leaders and private citizens, including representatives of ethnic communities, with the goal of discussing questions related to Macedonia's recognition by the international community, and to observe the economic, political and social impact of the denial of that recognition to date. The delegation also wanted to examine the possibilities for violence and conflict in Macedonia due to the ongoing conflict in nearby Bosnia-Herzegovina and repression in neighboring Kosovo, and to hear Macedonian insights on this conflict and repression. Related to all the above, and central to the Commission delegation's concerns, was the degree of democratic development in Macedonia, especially in regard to respect for human rights and fundamental freedoms. The delegation travelled to Macedonia via Thessaloniki, Greece. Taking advantage of this transit, a further objective of the delegation was to hear the views of Greek officials on issues related to Macedonia, and the violent disintegration of Yugoslavia in general. Finally, the Commission delegation wished to visit refugees from the conflict in Bosnia-Herzegovina to gain information on the circumstances leading to their presence in Macedonia, as well as to observe the quality of their treatment as refugees in that country. The Commission delegation's main interest in travelling to Croatia was to examine the situation for Bosnian refugees residing there as winter approached and to hear their reports of what was happening in BosniaHerzegovina. More generally, the delegation wanted to obtain a more detailed picture of the situation in the region as a whole as the fighting raged on. This included developments within Croatia itself, such as the situation regarding displaced persons and in the United Nations Protected Areas, as well as Croatia's role in the Bosnian conflict. Finally, the delegation had an interest in seeing the newly created U.S. Mobile Army Surgical Hospital (MASH) unit at Pleso Airport outside Zagreb.    

  • Report: The CSCE Human Dimension Seminar on Tolerance

    The structure of the seminar was designed to maximize contact and dialogue among participants during the brief week in Warsaw. Modeled after a U.S. proposal, three discussion groups were designed to focus on: the role of educational and cultural institutions, as well as the media, in promoting tolerance; the role of local authorities; and legal issues and law enforcement. Two groups ran simultaneously at any given time, enabling even the smallest delegations to rotate reasonably efficiently among the different discussions. Moderators from Switzerland, the United States (Colonel Ronald Joe, Defense Equal Opportunity Management Institute, U.S. Army), and the United Kingdom were selected by the ODIHR to manage the three discussions respectively.

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