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Senator Ben Cardin
Chairman

An outspoken champion for human rights, Sen. Ben Cardin chairs the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, as well as the Senate Foreign Relations Subcommittee on State Department and U.S. Agency for International Development (USAID) Management, International Operations, and Bilateral International Development. 

Chairman Cardin joined the Helsinki Commission in 1993 and previously served as chairman of the Commission in the 111th and 113th Congresses. In 2015, he was named as the Special Representative on Anti-Semitism, Racism, and Intolerance for the OSCE Parliamentary Assembly, a position he continues to hold today.

"For 45 years, the Helsinki Commission has tirelessly defended human rights and democratic institutions at home and abroad. It has promoted the enduring value of multilateralism and fought to ensure that the United States lives up to our core values, remaining a beacon of hope to those who are oppressed." 

– Senator Ben Cardin

Priorities

Justice at Home

Promoting human rights, good governance, and anti-corruption abroad can only be possible if the United States lives up to its values at home. Like other OSCE participating States, the United States sometimes struggles to foster racial and religious equity, counter hate and discrimination, defend fundamental freedoms, and hold those in positions of authority accountable for their actions.

Justice Overseas

Human rights within states are crucial to security among states. Prioritizing respect for human rights and fundamental freedoms, defending the principles of liberty, and encouraging tolerance within societies must be at the forefront of America's foreign policy agenda.

Fighting Corruption

Corruption is a fundamental obstacle to peace, prosperity, and human rights worldwide. Through legislative vehicles like the CROOK, Global Magnitsky, and Combating Global Corruption Acts, the United States can help ensure that human rights violators and corrupt actors are held accountable for their actions, even when their home country fails to seek justice for their victims.

Parliamentary Diplomacy

As the OSCE Parliamentary Assembly (OSCE PA) Special Representative on Racism, Anti-Semitism, and Intolerance, Chairman Cardin is actively involved in the international debates and dialogue that demonstrate a strong U.S. commitment to promoting justice and human rights in the OSCE region.

Throughout his career in public service, Chairman Cardin has advocated for accountability and transparency measures to promote good governance and to combat corruption. He is the lead author of the Sergei Magnitsky Human Rights Accountability Act, which imposes sanctions on Russian individuals and entities responsible for the death of Russian lawyer, Sergei Magnitsky, as well as individuals who commit gross violations of human rights against rights defenders in Russia. He also authored the Global Magnitsky Human Rights and Accountability Act, which gives the United States the power to deny travel and banking privileges to individuals who commit gross violations of human rights against rights defenders and dissidents, and leaders who commit acts of significant corruption.

Most recently, Chairman Cardin and Helsinki Commission Ranking Member Sen. Roger Wicker (MS) introduced  the Countering Russian and Other Overseas Kleptocracy (CROOK) Act, which would establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries and streamline work strengthening the rule of law abroad.

Chairman Cardin also is one of the lead authors of Section 1504 of the Dodd-Frank Act, also known as the Cardin-Lugar Energy Security Through Transparency Act. The provision requires extractive companies listed on U.S. stock exchanges to disclose, in their SEC filings, payments made to governments for oil, gas and mining. Revenue transparency increases energy security and creates U.S. jobs by reducing the operating risk U.S. companies face. It also provides information so that people in resource-rich countries can hold their leaders accountable for the money made from their oil, gas, and minerals.

Chairman Cardin has been a member of the Senate Foreign Relations Committee since 2007 and served as Ranking Member from 2015-2018. In addition to his foreign relations leadership roles, he chairs the Senate Small Business and Entrepreneurship Committee and the Senate Environment & Public Works Subcommittee on Transportation and Infrastructure. He is also a senior member of the Senate Finance Committee.

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  • Helsinki Commissioners Meet with Vaclav Havel, Commemorate 30th Anniversary of Charter 77 Movement

    On February 27, 2007, Representative Alcee L. Hastings (D-FL) and Senator Benjamin L. Cardin (D-MD), Chairman and Co-Chairman of the Commission on Security and Cooperation in Europe, met with Vaclav Havel, former president of the Czech Republic (1993–2003), world renowned human rights activist, and playwright. “This year marks the 30th anniversary of Charter 77’s founding, a movement that was dedicated to compelling the communist government of Czechoslovakia to abide by the international human rights agreements it had freely adopted, including the Helsinki Final Act,” observed Chairman Hastings. “I was delighted to be able to personally share with President Havel the deep respect I have for him, for the movement he helped to found, and for his continuing leadership on human rights issues around the globe.” Former Commission Chairman Representative Christopher H. Smith (R-NJ) and Czech Ambassador Petr Kolar also participated in the discussions, which touched on issues including Russia, China, Cuba, and developments in the Middle East. Havel was briefly in Washington early this year at the Library of Congress’ John W. Kluge Center. Librarian of Congress Dr. James Billington hosted meetings on Capitol Hill with Havel and Members of Congress. Havel addressed a joint session of Congress in 1990 and was awarded the Presidential Medal of Freedom in 2003. The Charter 77 movement was founded in Czechoslovakia in 1977, originally with the support of approximately 240 signatories, each of whom signed a card stating, “I agree with the Charter 77 declaration of January 1, 1977.” The original cards have since been discovered in the Czechoslovak secret police archives. In January, the National Museum in Prague mounted an exhibit of materials related to the Charter 77 movement. In addition, the Washington-based National Security Archives (affiliated with George Washington University), in conjunction with the Prague-based Czechoslovak Documentation Center, released a compilation of documents about the Charter 77 movement, including now-declassified State Department and CIA reporting. Statements made by current and former leaders of the Helsinki Commission on the occasion of the 30 th anniversary of Charter 77, as published in the Congressional Record, are printed below. STATEMENTS REPRINTED FROM THE CONGRESSIONAL RECORD THE 30TH ANNIVERSARY OF THE ‘‘CHARTER 77 MOVEMENT’’ HON. ALCEE L. HASTINGS OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Thursday, March 1, 2007 Mr. HASTINGS of Florida. Madam Speaker, as Chairman of the Commission on Security and Cooperation in Europe, I am privileged to add my voice today to those honoring Vaclav Havel, Czechoslovakia's first post-communist President, and the Charter 77 movement which, 30 years ago, he helped to found. Three decades ago, the Charter 77 movement was established and its founding manifesto was formally delivered to the Communist regime in Prague. The goals of the Chartists – as signatories came to be known – were fairly straightforward: “Charter 77 [they stated] is a loose, informal and open association of people of various shades of opinion, faiths and professions united by the will to strive individually and collectively for the respect of civic and human rights in our own country and throughout the world – rights accorded to all men by the two mentioned international covenants, by the Final Act of the Helsinki conference and by numerous other international documents opposing war, violence and social or spiritual oppression, and which are comprehensively laid down in the U.N. Universal Charter of Human Rights.” The phrase “people of various shades of opinion” was, in fact, a charming understatement regarding the diversity of the signatories. Founding members of this movement included Vaclav Maly, a Catholic priest banned by the regime; Vacla Benda, a Christian philosopher; former Trotskyite Peter Uhl; former Communists like Zdenek Mlynar and Jiri Hajek, both of whom were ousted from their leadership positions in the wake of the 1968 Soviet attack that crushed the Prague Spring reforms; and, of course, Vaclav Havel, a playwright and dramatist. Notwithstanding the many differences these people surely had, they were united by a common purpose: to compel the Communist regime to respect the international human rights agreements it had freely adopted. Interestingly, the Charter 77 movement was never a mass dissident movement – fewer than two thousand people ever formally signed this document. But, to use a boxing analogy, Charter 77 punched above its weight. Its influence could be felt far beyond the number of those who openly signed on and, ultimately, in the battle of wits and wills with the Communist regime, Charter 77 clearly won And most importantly, Charter 77 – like other human rights groups founded at roughly the same time in Moscow, Vilnius, Warsaw and elsewhere – looked to the Helsinki process as a vehicle for calling their own governments to account. Although it is sometimes said that the Helsinki process helped to bring down communism, it is really these grass roots movements that gave the Helsinki process its real meaning and its true legitimacy. Thirty years ago, a small, courageous band of people came together and said, “We believe that Charter 77 will help to enable all citizens of Czechoslovakia to work and live as free human beings.” Today, we remember their struggle and praise their enduring contributions to democracy and human rights. IN HONOR OF VACLAV HAVEL SENATOR BENJAMIN L. CARDIN OF MARYLAND IN THE SENATE March 13, 2007 Mr. CARDIN. Mr. President, 30 years ago, the Charter 77 movement was established with the simple goal of ensuring that the citizens of Czechoslovakia could ``live and work as free human beings.'' Today, as cochairman of the Commission on Security and Cooperation in Europe, I join with my colleagues in celebrating the founding of Charter 77 and honoring those men and women who, through their personal acts of courage, helped bring freedom to their country. When the Charter 77 manifesto was issued, three men were chosen to be the first spokespersons of this newly formed movement: a renowned European philosopher, Jan Patocka; Jiri Hajek, who had been Czechoslovakia's Foreign Minister during the Prague Spring; and the playwright, Vaclav Havel. They had the authority to speak for the movement and to issue documents on behalf of signatories Tragically, Jan Patocka paid with his life for his act of bravery and courage. After signing the charter and meeting with Dutch Ambassador Max van der Stoel, he was subjected to prolonged interrogation by the secret police. It is widely believed this interrogation triggered a heart attack, resulting in his death on March 13, 1977. In spite of the chilling message from the regime, Jiri Hajek and Vaclav Havel continued to work with other chartists, at tremendous personal cost. Two-hundred and thirty signatories were called in for interrogation; 50 houses were subjected to searches. Many supporters lost their jobs or faced other forms of persecution; many were sent to prison. In fact, the harsh treatment of the Charter 77 signatories led to the creation of another human rights group, the Committee for the Defense of the Unjustly Persecuted, known by its Czech acronym, VONS. In October 1979, six VONS leaders including Vaclav Havel, were tried for subversion and sentenced to prison terms of up to 5 years. Perhaps the regime's harsh tactics reflected its knowledge that, ultimately, it could only retain control through force and coercion. Certainly, there was no perestroika or glasnost in Husak's Czechoslovakia, no goulash communism as in neighboring Hungary. And so, the regime was threatened by groups that might have seemed inconsequential elsewhere: by the psychedelic band, ``Plastic People of the Universe;'' by a musical appreciation group known as the Jazz Section; by environmentalists, historians, philosophers and, of course, playwrights. Mr. President, 1989 was an extraordinary year--a year in which the regime sought to control everything and, in the end, could control nothing. In May, Hungary opened its borders. In June, free elections were held for parliamentary seats in Poland for the first time in decades. By August, 5,000 East Germans were fleeing to Austria through Hungary every single week. Demonstrations in East Germany continued to rise, forcing Eric Honecker to resign in October. On November 9, the Berlin Wall was breached. But while Communist leaders in other countries saw the writing on the wall, authorities in Prague continued to believe they could somehow cling to power. Ironically, the regime's repressive tactics were part of its final undoing. On November 17, 1989, significant student demonstrations were held in Prague. Human rights groups released videotapes of police and militia viciously beating the demonstrators and these tapes were rapidly and widely circulated through the underground. Shortly thereafter, VONS received credible information that a student demonstrator had been beaten to death. The alleged death so outraged Czechoslovak society that it triggered massive demonstrations. Within days, Czechoslovakia's Communist regime collapsed like a house of cards. As it turned out, no one had actually been killed during the November 17 protests; the story of the student death had been concocted by the secret police to discredit VONS but was all too believable. As concisely stated by Mary Battiata, a reporter for the Washington Post, ``..... a half-baked secret police plan to discredit a couple of dissidents apparently boomeranged and turned a sputtering student protest into a national rebellion.'' On December 29, Vaclav Havel--who had been in prison just a few months earlier--was elected President of Czechoslovakia by the Federal Parliament. Jan Patocka once wrote, ``The real test of a man is not how well he plays the role he has invented for himself but how well he plays the role that destiny assigned to him.'' It seems that destiny had a particular role for Vaclav Havel, not one that he invented or envisioned for himself, but one that he has played with courage and grace, with dignity and honor. Today, we honor Vaclav Havel and the Charter 77 movement he helped to found. IN HONOR OF VACLAV HAVEL AND THE 30TH ANNIVERSARY OF CHARTER 77 HON. STENY H. HOYER OF MARYLAND IN THE HOUSE OF REPRESENTATIVES Tuesday, February 27, 2007 Mr. HOYER. Madam Speaker, this year marks the thirtieth anniversary of the Charter 77 movement. Along with other colleagues from the Helsinki Commission, which I had the privilege of Chairing and Co-Chairing from 1985 to 1994, I rise today to commemorate Charter 77's extraordinary accomplishments, and to praise Vaclav Havel, a founding member of the Charter 77 movement and Czechoslovakia's first President after the fall of communism. Twenty years ago this month, I led a Congressional delegation to Czechoslovakia – my first trip to that country. At that time, I was assured by Czechoslovak Government officials that Charter 77 was only a small group, and there was no need to have a dialogue with its members. In an apparent effort to underscore their point, the regime detained several Chartists to keep them from meeting with our delegation: Vaclav Havel, Petr Uhl and Jiri Dienstbier were all arrested in Prague; Miklos Duray was prevented from traveling to Prague from Slovakia; and although Petr Puspoki-Nagy made it to Prague, he was also immediately detained on his arrival. Although I was deprived of the chance to meet these individuals in person, I was already well aware of their work. In fact, the Helsinki Commission's second hearing, held in February 1977, published the full text of the Charter 77 manifesto at the request of one of our witnesses, Mrs. Anna Faltus. We owe a special debt of gratitude to the late Mrs. Faltus, who worked tirelessly for decades as an advocate for a free Czechoslovakia. To this end, she made sure that the documents of Charter 77 and the Committee for the Defense of the Unjustly Persecuted were quickly translated and widely disseminated to policy makers and human rights advocates. Her effort made it possible for the Helsinki Commission to publish (in 1982 and in 1987) selected and representatives texts of the Charter 77 movement. Looking back, the breadth of those documents is truly remarkably, touching on everything from the legacy of World War II to the country's economic situation; from contemporary music to nuclear energy. But the common thread that bound these diverse statements together was a commitment to promote and protect “the right of the individual to know and act upon his rights.” This right was freely adopted by the Czechoslovak Socialist Republic when Gustav Husak fixed his signature to the Helsinki Final Act in 1975. It was, of course, with great interest that I discussed Charter 77 , first with Czechoslovak officials during my February 1987 trip to Prague, then with Czechoslovak parliamentarians visiting Washington in June 1988 (a delegation which included Prague Communist Party boss Miroslav Stepan), and then with the Czechoslovak delegation to the 1989 Paris Meeting of the Conference on the Human Dimension. In these meetings, as well as in correspondence with the Czechoslovak Ambassador to the United, I was told that Charter 77 didn't represent public opinion. I was warned that siding with Charter 77 would not help bilateral relations, and I was assured that democracy was coming soon to Czechoslovakia – “socialist democracy.” Needless to say, I was not convinced by my interlocutors: I was not convinced that Augustin Navratil was actually being treated for a mental health condition, rather than being persecuted for his religious activism. I was frankly disgusted when the Czechoslovak delegation to the Paris meeting baldly lied about Jiri Wolf, telling us he had been released early from his prison sentence as a “humanitarian” gesture, and then shrugging with indifference when they were caught in their lie. Most of all, I did not believe that Vaclav Havel was a criminal and Charter 77 merely an “insignificant” group. In fact, in 1989 Senator Dennis DeConcini and I nominated Vaclav Havel for the Nobel Peace Prize. As Senator DeConcini said, “[i]n spite of relentless harassment by the authorities, including imprisonment, repeated detentions, house searches, and confiscation of property, Havel has remained active in the struggle for human rights. . . Havel is now in prison, but he is not alone in his cause. In a dramatic move. . . over 700 of his colleagues – playwrights, producers, artists, and actors – signed a petition calling for his release and the release of others [similarly imprisoned]. For these people, like many others in his country, Vaclav Havel has become a symbol of an enduring and selfless commitment to human rights.” Madam Speaker, on this 30th anniversary of the founding of the Charter 77 movement, I rise to commend and remember the courageous men and women, signatories and supporters, who paved the way for the peaceful transition from communism in Czechoslovakia and restoration of Europe, whole and free. On this anniversary, I give special tribute to Vaclav Havel, playwright and president, and his singular role in leading his country to freedom. IN HONOR OF VACLAV HAVEL AND THE 30TH ANNIVERSARY OF CHARTER 77 HON. CHRISTOPHER H. SMITH OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES Tuesday, February 27, 2007 Mr. SMITH of New Jersey. Madam Speaker, Edmund Burke once said that, “all it takes for evil to triumph is for good men to do nothing.” Thirty years ago, good men and women came together, and together, they ultimately triumphed over evil. In 1987, I traveled to Czechoslovakia with a Helsinki Commission delegation led by my good friend, STENY HOYER, who was then Chairman of the Commission. We traveled there just ten years after the Charter 77 movement had been formed and, amazingly, in spite of persecution and imprisonment, they had managed to publish 350 documents during its first ten years. And it was clear during my visit to Prague that this organization was having an impact, especially when the communist authorities went to the trouble of preventing five independent activists, including Vaclav Havel, from meeting with us. In spite of this, our delegation was able to meet with several other Charter 77 signatories and sympathizers: Libuse Silhanova, Josef Vohryzek, Father Vaclav Maly, Zdenek Urbanek, and Rita Klimova. Libuse Silhanova, then serving as a Charter 77 spokesperson, described her fellow Chartists as ``ordinary people who happen to be part of a movement.'' For a group of ``ordinary people,'' they certainly accomplished extraordinary things. One of the most notable of these “ordinary people” was the playwright Vaclav Havel, who is today the sole surviving member of Charter 77’s first three spokespersons. At a time when most Czechoslovaks preferred to keep their heads low, he held his up. When others dared not speak out, he raised up his voice. While others hid from communism in their apartments and weekend cottages, he faced it down in prison. In 1978, Havel wrote a seminal essay entitled, “The Power of the Powerless.” In it, he proposed a remarkably conspiratorial concept: the idea that those repressed by the Communist Lie actually had the power to “live for truth,” and that by doing so, they could change the world in which they live. One of the people who read this essay was Zbygniew Bujak, who became a leading Solidarity activist in Poland. Bujak described the impact of Havel's message: This essay reached us in the Ursus factory in 1979 at a point when we felt we were at the end of the road. Inspired by KOR [the Polish Workers' Defense Committee, which preceded Solidarity], we had been speaking on the shop floor, talking to people, participating in public meetings, trying to speak the truth about the factory, the country, and politics. There came a moment when people thought we were crazy. Why were we doing this? Why were we taking such risks? Not seeing any immediate and tangible results, we began to doubt the purposefulness of what we were doing. Shouldn't we be coming up with other methods, other ways? Then came the essay by Havel. Reading it gave us the theoretical underpinnings for our activity. It maintained our spirits; we did not give up, and a year later – in August 1980 – it became clear that the party apparatus and the factory management were afraid of us. We mattered. And the rank and file saw us as leaders of the movement. When I look at the victories of Solidarity, and of Charter 77, I see in them an astonishing fulfillment of the prophecies and knowledge contained in Havel’s essay. Vaclav Havel’s essay was not just the product of clever wordsmithing; it was an act of singular heroism. In fact, shortly after writing “The Power of the Powerless,” Vaclav Havel found himself in prison, again. And it should be remembered that others, including philosopher Jan Patocka, Havel's close friend, and Pavel Wonka, paid with their lives for their opposition to the Czechoslovak communist regime. Vaclav Havel is a man who has always been guided by the courage of his convictions. Remarkably, his courage did not fade upon his assumption of the presidency. Indeed, he is all the more heroic for his steadfast commitment to human rights even from the Prague Castle. From the beginning, he was a voice of reason, not revenge, as he addressed his country's communist and totalitarian past. In 1993, he rightly identified the situation of Roma as “a litmus test for civil society.” And not only has he raised human rights issues in his own country but reminds the world of the abuses taking place in Cuba and China. Throughout his presidency, he pardoned those faced with criminal charges under communist-era laws that restrict free speech. In 2001, he spoke out against the parliament's regressive religion law, which turned the clock back on religious freedom. And he has reminded other world leaders of our shared responsibility for the poor and less fortunate the world over. On the occasion of the 30th anniversary of the founding of Charter 77, I want to join my colleagues from the Helsinki Commission in honoring Vaclav Havel and all the men and women who signed the Charter, who supported its goals, and who helped bring democracy to Czechoslovakia. IN HONOR OF VACLAV HAVEL SENATOR SAM BROWNBACK OF KANSAS IN THE SENATE March 07, 2007 Mr. BROWNBACK. Mr. President, today I wish to join my colleagues from the Helsinki Commission in commemorating the founding of the Charter 77 movement 30 years ago, and praising Vaclav Havel, one of Charter 77’s first spokesmen and the first post-Communist President of Czechoslovakia. Many aspects of Vaclav Havel’s biography are well known. His advanced formal education was limited by the Communist regime because of his family's pre-World War II cultural and economic status. By the 1960s, he was working in theater and writing plays. But by 1969, the Communist regime had deemed him “subversive,” and his passport was confiscated. In 1977, he took the daring step of joining two others – Jan Patocka and Jiri Hajek – in becoming the first spokesmen for the newly established “Charter 77” movement. This group sought to compel the Czechoslovak Government to abide by the international human rights commitments it had freely undertaken, including the Helsinki Final Act. In the 1970s and 1980s, Vaclav Havel was repeatedly imprisoned because of his human rights work. His longest period of imprisonment was 4 1/2 years, 1979-1983, for subversion. After this, Havel was given the opportunity to emigrate but, courageously, he chose to stay in Czechoslovakia. By February 1989, Havel had come to symbolize a growing human rights and democratic movement in Czechoslovakia and, that year, the Helsinki Commission nominated him for the Nobel Peace Prize. Remarkably, in November 1989, the repressive machinery of the Communist regime – a regime that for five decades had persecuted and even murdered its own citizens – collapsed in what has come to be known as the “Velvet Revolution.” To understand just how repressive the former regime was – and therefore how stunning its seemingly sudden demise was – it may be instructive to recall the first measures of the post-Communist leadership, introduced in the heady days of late 1989 and early 1990. First and foremost, all known political prisoners were released. Marxism-Leninism was removed as a required course from all school curricula. Borders were opened for thousands of people who had previously been prohibited from traveling freely. Control over the People's Militia was transferred from the party to the Government. The Federal Assembly passed a resolution condemning the 1968 Soviet-led invasion of Czechoslovakia. Approximately 40 Ambassadors representing the Czechoslovak Communist regime were recalled. Newly appointed Foreign Minister Jiri Dienstbier announced that the “temporary” 1968 agreement allowing Soviet troops to remain in Czechoslovakia was invalid because it was agreed to under duress and that Soviet troops would withdraw from the country. The Politburo announced it would end the nomenklatura system of reserving certain jobs for party functionaries. The secret police was abolished. Alexander Dubcek, leader of the 1968 Prague Spring, was elected Chairman of the Federal Assembly on December 28 and, a day later, Vaclav Havel was voted to replace Gustav Husak. In February 1990, Vaclav Havel addressed a joint session of Congress. Charter 77 paved the way for all of these things, and more: for Czechoslovakia's first free and fair elections since 1946, for the normalization of trade relations between our two countries, and for the Czech Republic's accession to NATO. Not surprisingly, the work of Charter 77 continues to inspire, as is evidenced by the adoption of the name “Charter 97” by human rights activists in Belarus, who are still working to bring to their own country a measure of democracy and respect for human rights that Czechs have now enjoyed for some years. I am therefore pleased to recognize the 30th anniversary of the Charter 77 movement and to join others in honoring Vaclav Havel who remains, to this day, the conscience of the global community.

  • Accountability and Impunity: Investigations Into Sterilization Without Informed Consent in the Czech Republic and Slovakia

    On December 23, 2005, the Czech Public Defender of Rights issued a report confirming that some Romani women had been sterilized without informed consent. His report constitutes an unflinching examination of several highly sensitive issues: the relationship between patients and doctors in the Czech Republic, the eugenics movement in Czechoslovakia, communist-era policies toward the Romani minority, and the question of whether the post-communist Czech Government brought a definitive end to the communist-era policy of targeting Romani women for sterilization. This report stands in stark contrast with Slovakia’s flawed investigation (completed in October 2003) of the same issue, which was marred by numerous shortcomings and insufficient follow-up. That inquiry prompted changes to the legal framework for sterilization in Slovakia which should help safeguard against the possibility that anyone will be sterilized without informed consent in the future. However, the Slovak Government’s investigation dismissed sterilizations without informed consent as merely “procedural shortcomings.” Moreover, the Slovak Government’s failure to acknowledge that wrongful sterilizations did, in fact, occur, contributes to the chasm of mistrust that divides Slovakia’s Romani and non-Romani citizens. Non-Roma have been misled by their government to believe that Roma falsely made accusations of egregious wrongs, and government institutions established to defend human rights have utterly failed to protect the rights of Roma. Download the full report to learn more. 

  • Belgium’s Chairmanship of the OSCE

    The Belgian Government assumed Chairmanship of the OSCE in January 2006.  The first half of 2006 saw a number of developments within, and adjacent to, the OSCE region that formed the focus of the hearing.  Among the issues addressed were developments in Central Asia and neighboring Afghanistan, the emergence of the Shanghai Cooperation Organization, the political situation in the Caucasus, and human rights trends in the Russian Federation.  Commissioners also focused on OSCE democracy-promotion work, with a special emphasis on election monitoring, programs to combat anti-Semitism and other forms of intolerance, and initiatives aimed at promoting greater international cooperation to curtail human trafficking and child pornography.

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

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

  • The Legacy of Chornobyl: Health and Safety 20 Years Later

    This hearing, chaired by Sen. Sam Brownback and Rep. Chris Smith marked the 20th anniversary of the nuclear disaster in Chornobyl, Ukraine. This is not only significant because of the long-term effects that the catastrophe had in the area, but also because of the circumstances under which it took place. More specifically, as Smith did not fail to point out at the hearing’s start, the explosion took place under the veil of secrecy brought to the world by the Soviet Union. The nuclear reactor at the Chornobyl site was part and parcel of U.S.S.R. property, so the Soviet Union was able to conceal what transpired from the outside world. This hearing emphasized much needed work to be done for the residents of Chornobyl, including aid by the United States.  

  • Remarks on Passage of H.Res.578, Concerning the Government of Romania's Ban on Intercountry Adoptions and on the Welfare of Orphaned and Abandoned Children in Romania

    Mr. Speaker, H. Res. 578 expresses deep disappointment that the Romanian government has instituted a virtual ban on intercountry adoptions with serious implications for the well-being of orphaned and abandoned children in Romania.   Immediately after the December 1989 revolution, Mr. Speaker, which ousted the much-hated dictator Nicholae Ceausescu, the world learned that tens of thousands of underfed, neglected children were living in institutions, called orphanages, throughout Romania. A month after the fall of Ceausescu, Dorothy Taft, who is our deputy chief of staff at the Commission on Security and Cooperation in Europe, and I traveled to Bucharest and visited those orphanages. We also met with government officials and spoke about the hope for democracy in that country. But one of the most lasting impressions that I have from that trip is being in an orphanage in Bucharest, where dozens of children were lined up with no one to turn them, to change their diapers and, in some cases, even to feed them with the frequency that their little bodies required. It left a lasting impression upon me.   Sadly, all these years later, Mr. Speaker, Romania's child abandonment rate that we witnessed firsthand on that trip has not changed significantly over those years. As of December 2005, 76,509 children are currently in the child protection system.   While the Romanian government deserves at least some credit for reducing the number of children living in institutions from 100,000 to 28,000, this is only part of the picture. The government statistics do not include the abandoned infants living for years in maternity and pediatric hospitals, where donations from charities and individuals keep the children alive; and more than 40,000 of the children moved out of the institutions are living in nonpermanent settings or foster care, or with maternal assistance, paid by the government or with a distant relative who do not intend to adopt them, but do accept them for a stipend.   In the context of Romania's ascension to the European Union, unsubstantiated allegations have been made about the qualifications and motives for those who adopt internationally and the fate of those adopted children.   Intercountry adoption, Mr. Speaker, was falsely equated with child trafficking, and Romania faced relentless pressure to prohibit intercountry adoptions. Sadly, rather than focusing on the best interest of the children, Romanian policymakers acquiesced to the European Union's pressure, especially its rapporteur, Lady Emma Nicholson, by enacting a law in 2004 that banned intercountry adoption, except by biological grandparents. By foreclosing foreign adoptions, the laws codified the misguided proposition that a foster family, or even an institution, is preferable to an adoptive family outside of the child's country of birth.   Between 1990 and 2004, I would note, more than 8,000 Romanian children found permanent families in the United States and thousands more joined families in Western Europe and elsewhere. This possibility is now gone. Some Romanians and Europeans argue that this law, this misguided law, is somehow consistent with Hague Convention on the Intercountry Adoptions and the Rights of the Child Convention. They also allege that  “there is little scope, if any, for international adoptions in Romania because there are so few children who are legally adoptable.”   Mr. Speaker, the low numbers declared “legally adoptable” is not something to be proud of. It is a contrivance. Indeed, it is a denunciation of the child welfare system, which now places such an unrealistic priority on unification with blood relatives that it is nearly impossible to determine any child is adoptable, no matter how old and how long they have been in state care without contact with the blood relatives.   If more children were made available for adoption, there would be a great need for intercountry adoption. Barely a thousand children have ever been domestically adopted in Romania in any given year. As a result of the new laws, only 333 children were entrusted for domestic adoption last year.   For thousands of children abandoned annually in Romania, domestic or intercountry adoption offered the hope of a life outside of foster care or an institution. That hope has now been dashed and destroyed.   Last September, Mr. Speaker, I chaired a hearing of the Commission on Security and Cooperation in Europe at which Maura Harty, the Deputy Under Secretary of State, rebutted the argument that the adoption ban is somehow consistent with Romania's intercountry international treaty obligations. Likewise, our witnesses, including Dr. Dana Johnson, Director of the International Adoption Clinic and Neonatology Division at the University of Minnesota's Children's Hospital, testified that Romania's concentration on reunification of an abandoned child with his or her biological family is only superficially consistent with the U.N. Convention on the Rights of the Child.   He also talked about the deleterious effect of such waiting, being held in foster care and especially in institutions, has on a child's mental, as well as their physical health.   When Romania enacted its intercountry adoption ban, there were 211 pending cases in which children have been matched with adoptive parents in the United States. Approximately a thousand more have been matched with parents in Western Europe, Israel and Australia. In the past few weeks there have been unofficial reports that pending applications are being rejected across the board and the dossiers returned to the adoptive parents.   A document from the Romanian Office for Adoption acknowledged that fewer than 300 of these children have been placed in permanent situations, either returned to biological parents or adopted within Romania. The vast majority remain in limbo. This cannot be the last word of what we often call “the pipeline cases.”   The Romanian government repeatedly promised to analyze each pending case thoroughly, but the review that has supposedly been done was not transparent, was not done on a case-by-case basis, and was not conducted according to clear and valid criteria that is in the best interest of each individual child. These cases involve prospective families who have proven their good faith, by waiting for years for these children. Many cases involve children who will not be domestically adopted due to their special needs, medical or societal prejudices.   In at least three cases, Mr. Speaker, children are already living in the United States with their prospective adoptive parents while receiving life-saving medical treatment, including a child with spina bifida. These children were legally adoptable until Romania's new law took effect.   Let me say that when I introduced this resolution in November, I asked the question, who in the European Union will stand with Members of our Congress, to protect these defenseless children?   Today I am happy to say, members of the European Parliament are challenging the anti-adoption monopoly over this issue and that is encouraging. On December 15, the European Parliament urged Romania to act in the pending cases with the goal of allowing intercountry adoptions to take place where justified and appropriate. In March, the European Parliament's rapporteur for Romania's EU accession, Mr. Pierre Moscovici, reported that he notably differs on the issue of international adoption of Romanian children from the previous rapporteur, Baroness Emma Nicholson, whose virulent anti-adoption views that hurt the children of Romania are now very, very well known.   I applaud the European Parliament and I am glad that our parliament, this Congress, is poised to go on record very strongly in trying to resolve these pipeline cases.   In closing, I want again to thank Chairman Hyde and Ranking Member Lantos for their tremendous support for this resolution and the underlying issue of trying to encourage intercountry adoption in a country, Romania that has now, in a misguided fashion, turned their back on those children who could find loving, durable homes with the adoption option.   Let me also thank so many other people who were a part of this, but especially Maureen Walsh, who is our General Counsel for the Commission on Security and Cooperation in Europe, for her extraordinary expertise and work on the issue and this resolution. We have had an ongoing process, contacting the highest levels of the government of Romania, from the President on down. It has been ongoing. It has been frequent.   Our hearing that Ben Cardin and I put on last year I think brought all of these issues to the fore in a way that were very persuasive on the part of the pipeline families, as well as the issue itself. The intercountry adoption is a loving, compassionate option, and certainly is far better than languishing in an orphanage somewhere where the child is warehoused.   Mr. Speaker, so we call upon the Romanian government again to reverse its position, to cease its mucking under Lady Nicholson's pressure, which is now going into reverse. The European Union, as I said before, is showing clear signs that it concludes it has made a profound mistake.   I want to thank Mr. Cardin, who is our ranking member on the Commission on Security and Cooperation in Europe, who has been working on these issues side by side.  

  • Freedom Denied: Belarus on the Eve of the Election

    Presidential elections in Belarus are scheduled to be held March 19, against the backdrop of stepped up repression by the regime of Alexander Lukashenka. The Belarusian strongman's power grab, begun a decade ago, has included liquidation of the democratically elected parliament, a string of fundamentally flawed elections and manipulation of the country's constitution to maintain power. A climate of fear following the disappearance of leading opposition figures in 1999 has continued with the harassment and arrests of opposition activists and the forced closure of independent newspapers. Rights violations in Belarus have intensified in the aftermath of the Orange Revolution in neighboring Ukraine, as the regime seeks to squelch dissent. The repressive environment has made it difficult for opposition candidates to engage in normal campaign activities. Meanwhile, administration of the elections at all levels remains firmly in the hands of Lukashenka loyalists.

  • THE UNITED STATES AND THE OSCE: A PARTNERSHIP FOR ADVANCING FREEDOM

    This hearing focused on the relationship and the partnership the United States has with the OSCE and whether, through this partnership, the U.S.  foreign policy goals of advancing freedom are being achieved. Among the assessment of the relationship was whether the U.S. was utilizing the capabilities of the OSCE process to the fullest of its abilities. The Commissioners also reviewed whether a similar OSCE framework would be plausible for the African continent to focus on humanitarian development. The witness gave testimony of examples of the OSCE framework shaping the dialogue of free electoral processes, freedom of expression and religion, and protections of minority groups. The hearing touched on potential change of focus  to alleviate issues of terrorism in the OSCE mission.

  • American Agenda Moves Forward at the 14th Annual OSCE Parliamentary Assembly

    The 14th Annual Meeting of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly convened in Washington, DC, July 1-5, 2005. Speaker of the House, J. Dennis Hastert (R-IL), the host for this year’s Assembly, welcomed more than 260 parliamentarians from 51 OSCE participating States as they gathered to discuss various political, economic, and humanitarian issues under the theme, “30 Years since Helsinki: Challenges Ahead.”  Commission Chairman Senator Sam Brownback (R-KS) served as head of the U.S. Delegation, Co-Chairman Christopher H. Smith (R-NJ) was delegation vice-chairman.  Secretary of State Dr. Condoleezza Rice gave the inaugural address at the assembly’s opening session, thanking the members of the OSCE PA for their work toward “human rights, the rule of law, free and fair elections, and the development of transparent, accountable institutions of government across the OSCE community and around the globe. “As the Chairman-in-Office and Parliamentary Assembly take a fresh look at the OSCE agenda and consider these and other items, preserving the integrity of Helsinki principles and ensuring that the OSCE continues to be an agent of peaceful, democratic transformation should be paramount objectives,” Secretary Rice said. Chairman Brownback in plenary remarks underscored the rich history of the Helsinki Process, unwavering U.S. commitment to human rights and the dignity of the individual, and the dramatic advances made in Georgia, Ukraine, and Kyrgyzstan.  At the same time, he pointed to the remaining work to be done in the OSCE region and beyond to meet the promises made with the signing of the 1975 Helsinki Final Act.      Offering guidance to the body, OSCE PA President and Helsinki Commissioner Rep. Alcee L. Hastings (D-FL) reiterated the gathering’s theme:  “In this new Europe, and in this new world, the OSCE and the OSCE Parliamentary Assembly must stand ready to respond to new threats and challenges, and this means evolving and adapting to new realities.” Agenda and Issues Among the issues considered by the Assembly were recommendations for changes in the OSCE Code of Conduct for Mission Members, efforts to combat human trafficking, and calls for greater transparency and accountability in election procedures in keeping with OSCE commitments made by each of the 55 participating States. The First Committee on Political Affairs and Security met to discuss matters of terrorism and conflict resolution, including resolutions on the following topics: terrorism by suicide bombers the situation in Abkhazia, Georgia terrorism and human rights Moldova and the status of Transdniestria Under the chairmanship of Rep. Benjamin L. Cardin (D-MD), the Second Committee on Economic Affairs, Science, Technology and Environment moved on a number of issues, including resolutions and amendments on: small arms and light weapons maritime security and piracy the OSCE Mediterranean dimension money laundering the fight against corruption The Third Committee on Democracy, Human Rights and Humanitarian Questions tackled a number of resolutions, as well as two supplementary items brought by members of the U.S. Delegation.  Other topics addressed by the Committee included:         the need to strengthen the Code of Conduct for OSCE Mission Members combating trafficking in human beings improving the effectiveness of OSCE election observation activities The Assembly plenary met in consideration of the resolutions passed by the general committees as well as the following supplementary items: improving gender equality in the OSCE combating anti-Semitism Special side events were held in conjunction with the 5-day meeting, including a briefing on the status of detainees at the U.S. Naval Station at Guantanamo Bay, Cuba, held by senior U.S. officials from the Departments of Defense and State.  Members of the U.S. Delegation also participated in the following organized events: Parliamentary responses to anti-Semitism Working breakfast on gender issues Mediterranean side meeting Panel discussion on the Nagorno-Karabakh conflict Human rights in Uzbekistan Meeting of the parliamentary team on Moldova In addition, while participating in the Assembly, members of the U.S. Delegation held bilateral meetings with fellow parliamentarians from Azerbaijan, Georgia, Kazakhstan, and Turkmenistan.  They also had formal discussions with the newly appointed OSCE Secretary General Marc Perrin de Brichambaut. Key U.S. Initiatives The successful adoption of a number of supplementary items and amendments to the Assembly’s Washington Declaration illustrated the extent of the activity of the members of the U.S. Delegation in the three Assembly committees.  The delegation met success in advancing its initiatives in human trafficking, election observation activities, and religious freedom. As a result, the Washington Declaration reflects significant input based on U.S. initiatives. In the General Committee on Democracy, Human Rights and Humanitarian Questions, Senator Voinovich (R-OH) sponsored, and successfully passed, a supplementary item on funding for the Office for Democratic Institutions and Human Rights (ODIHR) to allow it to continue its missions and responsibilities. Speaking on the passage of his resolution on combating trafficking at the hands of international peacekeepers, Co-Chairman Smith said, “In the past, the lack of appropriate codes of conduct for international personnel, including military service members, contractors, and international organization’s employees, limited the ability to counter sexual exploitation and trafficking.  That is finally changing.” The U.S. Delegation also overwhelmingly defeated text offered by the Russian Delegation that would have weakened the ability of ODIHR to effectively perform election observations.  Co-Chairman Smith, principal sponsor of the amendments that served to frustrate the Russian resolution, praised the OSCE Parliamentary Assembly saying, “The Parliamentary Assembly has reaffirmed the central and historic leadership role of the OSCE’s Office of Democratic Institutions and Human Rights in monitoring elections….Parliamentarians from the participating States have soundly rejected the ploy to weaken OSCE election standards, holding participating States accountable when they fail to fulfill their OSCE election commitments.” On the issue of religious freedom, the U.S. Delegation carried through two amendments to the final Assembly declaration. “I am very pleased that these amendments passed,” said Co-Chairman Smith, who offered the amendments to the draft resolution.  “However, the fact that the first amendment passed by only 10 votes underscores the continuing challenge in the fight for religious liberties in the OSCE region.  The fact that parliamentarians are willing to discriminate against minority religious communities is sobering.” In addition, an amendment brought by Del. Eleanor Holmes-Norton (D-DC) that calls on the U.S. Congress to grant voting rights for residents of the District of Columbia secured passage. Leadership Positions Commissioner Hastings was re-elected unanimously to another one-year term as the President of the OSCE Parliamentary Assembly.  Joining the U.S. leadership on the Parliamentary Assembly, Commissioner Benjamin L. Cardin was also re-elected Chairman of the General on Economic Affairs, Science, Technology and Environment by unanimous decision.  Commission Co-Chairman Christopher H. Smith continues in his role as Special Representative on Human Trafficking to the OSCE PA.  Additionally, Rep. Hoyer chaired the Ad Hoc Committee on Transparency and Accountability, which works to foster greater response from the governments of participating States to Assembly initiatives. The close of the Assembly was marked with the adoption of the Washington Declaration and concluding remarks by OSCE PA President Hastings. The Parliamentary Assembly will meet again next year, July 3-7, in Brussels, Belgium. U.S. Delegation to 14th Annual OSCE Parliamentary Assembly: Commission Chairman Sen. Sam Brownback (R-KS) Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) Sen. George Voinovich (R-OH) Rep. Steny H. Hoyer (D-MD) Rep. Louise McIntosh Slaughter (D-NY) Rep. Alcee L. Hastings (D-FL) Rep. Robert Aderholt (R-AL) Rep. Mike McIntyre (D-NC) Rep. Joseph R. Pitts (R-PA) Rep. Mike Pence (R-IN) Del. Eleanor Holmes Norton (D-DC)

  • The Uzbekistan Crisis: Assessing the Impact and Next Steps

    This hearing focused on the protests in the Andijon that were met by a violent government response and the lack of meaningful democratization reform in Uzbekistan. The Commissioners touched on the lack of separation of powers in the government and the authoritarian governing institutions that cannot produce a reliable investigation into the violent government response to the protest. Human rights activists and journalists from Uzbekistan gave testimony on their experience of the oppressive leadership of the government and first-hand account of the horrific and bloody response by the government police to remove peaceful protestors. The hearing discussed what actions the United States can take, within the OSCE framework, to push for meaningful reform.

  • The Iran Crisis: A Transatlantic Response

    Commissioners Brownback, Smith, and Cardin held this hearing that focused on the deteriorating human rights situation in Iran, and how the U.S. and Europe together could help address this predicament. More specifically, under President Mahmoud Ahmadinejad, Iran did everything in its power to crush dissent, resorting in every form of persecution, including execution. The relevance to the OSCE regarding the situation in Iran lies in the fact that Iran borders multiple OSCE participating states. Likewise, events in Iran, which is a rather large country, have a direct bearing on the broader Middle East and beyond. 

  • Exploiting Americans on American Soil: Domestic Trafficking Exposed

    This hearing includes statements by both Hon. Christopher Smith and Hon. Ben Cardin. The speakers for this hearing addressed a wide range of issues regarding Human trafficking. This hearing also focused specifically on the aspects of domestic trafficking, which is regarded by some to be a far more pervasive form of human trafficking.

  • Unrest in Uzbekistan: Crisis and Prospects

    This briefing, held in the wake of protests in the town of Andijon in eastern Uzbekistan that were violently put down by Uzbek troops on May 13, examined the crisis in Uzbekistan and U.S. policy options toward the regime of President Islam Karimov. The Uzbek regime has long been listed as an abuser of human rights. Among those participating in the briefing were: H.E. Samuel Zbogar, Ambassador of Slovenia and representative of the OSCE Chairman-in-Office; Dr. Abdurahim Polat, Chairman of the Uzbek opposition Birlik Party; Mr. Michael Cromartie, Commissioner of the U.S. Commission on International Religious Freedom; Dr. Martha Brill Olcott, Senior Associate at the Carnegie Endowment for International Peace; and Mr. Daniel Kimmage, Central Asia Analyst for Radio free Europe/Radio Liberty. The participants called for Uzbekistan to strive to resolve this situation peacefully, and continue to meet its commitments as a participating State in the OSCE.

  • The Schneerson Collection and Historical Justice

    This hearing examined Russia’s failure to return the Schneerson Agudas Chabad collection of books to the Chabad community for 90 years, for study and use in preservation for the community. Consensus among the members of Congress and witnesses of the hearing was that the time has come for Russia to return these books to their rightful owners. The Chabad-Lubavitch movement has worked tirelessly toward this goal. 

  • 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.

  • Helsinki Commission Leaders Visit Ukraine; Impressed By Government's Efforts on Road to Recovery

    By Orest Deychakiwsky, Staff Advisor United States Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Commission Member Rep. Benjamin L. Cardin (D-MD) met with Ukrainian officials, non-governmental organizations, and religious leaders in Kyiv, Ukraine on February 26-27, 2005. The delegation also laid wreaths at the Memorial to the Victims of the 1932-33 Terror-Famine and at the Babyn (Babi) Yar memorial. The Commissioners had substantive and far-reaching meetings with Ukraine’s State Secretary Oleksandr Zinchenko, Foreign Minister Boris Tarasyuk, Justice Minister Roman Zvarych, Minister of Transportation and Communications Yevhen Chervonenko, and Chairman of the parliament’s Committee on Organized Crime and Corruption Volodymyr Stretovych. The meetings covered many topics, including the lifting of the Jackson-Vanik amendment and granting normal trade relations (NTR) status as well as facilitating Ukraine’s entry into the World Trade Organization (WTO). Commissioners Smith and Cardin were impressed with the political will and determination of Ukraine’s Government officials as well as the non-governmental organizations to work for positive change in Ukraine. As an original cosponsor, Co-Chairman Smith noted the recent introduction of a bill by House International Relations Committee Chairman Rep. Henry J. Hyde (R-IL), which would grant Ukraine NTR. Commissioner Cardin affirmed his support for NTR and Ukraine’s joining WTO, noting that it was critical for Ukraine to conclude intellectual property rights talks with the United States. Discussions also centered on human trafficking, corruption, the rule of law and human rights issues such as torture, the Gongadze case, sustaining media freedoms, and on how the United States can best assist Ukraine during this time of historic transition. State Secretary Zinchenko expressed pleasure at the current state of U.S.-Ukrainian bilateral relations, observing that both sides now have trust in each other. He outlined President Viktor Yushchenko’s priorities, including combating corruption, extending a hand to business, protecting private property, promoting respect for the rule of law – especially in government entities such as the Interior Ministry, tax police and the security services – as well as promoting the further development of civil society. Secretary Zinchenko also emphasized the importance of U.S. investment in Ukraine. The Commissioners and Ukrainian officials also discussed in detail HIV/AIDS in Ukraine, which Zinchenko described as very acute and far-reaching, and the proposed new Chornobyl shelter that will cover the crumbling old sarcophagus. Minister of Justice Roman Zvarych outlined the Justice Ministry’s priorities to encourage and ensure the rule of law. Securing human rights and liberties would include such measures as getting the police to pay attention to procedural norms and urging parliament to adopt necessary civil and administrative procedural code changes. With respect to combating corruption, Zvarych hopes to soon unveil a comprehensive “Clean Hands” program, including a code of ethics. Cleaning up the court system is another priority, and the Justice Ministry has plans to take a variety of steps against judges engaged in corrupt practices. The delegation and Zvarych discussed the issues of human trafficking, torture of detainees, the Gongadze case, restitution of religious property and national minority issues. Chairman Volodymyr Stretovych and representatives of the International Organization for Migration (IOM) gave a comprehensive briefing on the problem of human trafficking in Ukraine, what steps are being taken by the government and NGOs to combat this scourge and plans on further addressing this important issue. A key concern was improving law enforcement cooperation between Ukraine (as a country of origin for victims of trafficking) and countries of destination. U.S. Embassy Deputy Chief of Mission Sheila Gwaltney hosted a meeting with U.S. Embassy, U.S. Agency for International Development, and FBI officials during which U.S. efforts to assist the new Ukrainian Government in promoting the rule of law and combating human trafficking were discussed. The delegation also visited an IOM-sponsored medical rehabilitation center for trafficking victims. Human trafficking, as well as religious rights issues, were also discussed in a meeting with Papal Nuncio Archbishop Ivan Jurkovich. Ambassador John Herbst organized and hosted a discussion with NGO representatives from Freedom House, Institute for Mass Information, the Chernihiv-based organization Dobrochyn and the Ukrainian Helsinki Human Rights Union. Mykhaylo Horyn, former Soviet political prisoner and head of the pro-independence movement Rukh in the early 1990s, also participated in the meeting. The delegation met with Jewish representatives, including the new Minister of Transportation and Communications Yevhen Chervonenko who is also Vice-President of the Eurasian Jewish Congress. They discussed matters pertaining to Ukraine’s Jewish community, assessing them positively. Foreign Minister Tarasyuk expressed gratitude to the Helsinki Commission for its active work in support of democracy in Ukraine and stated that the clear position of Congress and the U.S. Government, including support for a strong contingent of international election observers during the recent elections, effectively helped Ukrainian democracy. In raising Jackson-Vanik graduation, market economy status, and the WTO, Minister Tarasyuk cited strong readiness and willingness on the part of the Ukrainian Government to remove obstacles on their part, including a promise to submit in the Rada shortly a draft law on intellectual property rights. Minister Tarasyuk and the Commissioners also discussed the vital importance of ongoing OSCE election observation, Ukrainian-Russian relations, and Ukraine’s strengthened role in resolving the long-festering Moldova-Trandniestria conflict.

  • Helsinki Commission Leaders Visit Ukraine

    By Orest Deychakiwsky Staff Advisor United States Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Commission Member Rep. Benjamin L. Cardin (D-MD) met with Ukrainian officials, non-governmental organizations, and religious leaders in Kyiv, Ukraine on February 26-27, 2005. The delegation also laid wreaths at the Memorial to the Victims of the 1932-33 Terror-Famine and at the Babyn (Babi) Yar memorial. The Commissioners had substantive and far-reaching meetings with Ukraine’s State Secretary Oleksandr Zinchenko, Foreign Minister Boris Tarasyuk, Justice Minister Roman Zvarych, Minister of Transportation and Communications Yevhen Chervonenko, and Chairman of the parliament’s Committee on Organized Crime and Corruption Volodymyr Stretovych. The meetings covered many topics, including the lifting of the Jackson-Vanik amendment and granting normal trade relations (NTR) status as well as facilitating Ukraine’s entry into the World Trade Organization (WTO). Commissioners Smith and Cardin were impressed with the political will and determination of Ukraine’s Government officials as well as the non-governmental organizations to work for positive change in Ukraine. As an original cosponsor, Co-Chairman Smith noted the recent introduction of a bill by House International Relations Committee Chairman Rep. Henry J. Hyde (R-IL), which would grant Ukraine NTR. Commissioner Cardin affirmed his support for NTR and Ukraine’s joining WTO, noting that it was critical for Ukraine to conclude intellectual property rights talks with the United States. Discussions also centered on human trafficking, corruption, the rule of law and human rights issues such as torture, the Gongadze case, sustaining media freedoms, and on how the United States can best assist Ukraine during this time of historic transition. State Secretary Zinchenko expressed pleasure at the current state of U.S.-Ukrainian bilateral relations, observing that both sides now have trust in each other. He outlined President Viktor Yushchenko’s priorities, including combating corruption, extending a hand to business, protecting private property, promoting respect for the rule of law – especially in government entities such as the Interior Ministry, tax police and the security services – as well as promoting the further development of civil society. Secretary Zinchenko also emphasized the importance of U.S. investment in Ukraine. The Commissioners and Ukrainian officials also discussed in detail HIV/AIDS in Ukraine, which Zinchenko described as very acute and far-reaching, and the proposed new Chornobyl shelter that will cover the crumbling old sarcophagus. Minister of Justice Roman Zvarych outlined the Justice Ministry’s priorities to encourage and ensure the rule of law. Securing human rights and liberties would include such measures as getting the police to pay attention to procedural norms and urging parliament to adopt necessary civil and administrative procedural code changes. With respect to combating corruption, Zvarych hopes to soon unveil a comprehensive “Clean Hands” program, including a code of ethics. Cleaning up the court system is another priority, and the Justice Ministry has plans to take a variety of steps against judges engaged in corrupt practices. The delegation and Zvarych discussed the issues of human trafficking, torture of detainees, the Gongadze case, restitution of religious property and national minority issues. Chairman Volodymyr Stretovych and representatives of the International Organization for Migration (IOM) gave a comprehensive briefing on the problem of human trafficking in Ukraine, what steps are being taken by the government and NGOs to combat this scourge and plans on further addressing this important issue. A key concern was improving law enforcement cooperation between Ukraine (as a country of origin for victims of trafficking) and countries of destination. U.S. Embassy Deputy Chief of Mission Sheila Gwaltney hosted a meeting with U.S. Embassy, U.S. Agency for International Development, and FBI officials during which U.S. efforts to assist the new Ukrainian Government in promoting the rule of law and combating human trafficking were discussed. The delegation also visited an IOM-sponsored medical rehabilitation center for trafficking victims. Human trafficking, as well as religious rights issues, were also discussed in a meeting with Papal Nuncio Archbishop Ivan Jurkovich. Ambassador John Herbst organized and hosted a discussion with NGO representatives from Freedom House, Institute for Mass Information, the Chernihiv-based organization Dobrochyn and the Ukrainian Helsinki Human Rights Union. Mykhaylo Horyn, former Soviet political prisoner and head of the pro-independence movement Rukh in the early 1990s, also participated in the meeting. The delegation met with Jewish representatives, including the new Minister of Transportation and Communications Yevhen Chervonenko who is also Vice-President of the Eurasian Jewish Congress. They discussed matters pertaining to Ukraine’s Jewish community, assessing them positively. Foreign Minister Tarasyuk expressed gratitude to the Helsinki Commission for its active work in support of democracy in Ukraine and stated that the clear position of Congress and the U.S. Government, including support for a strong contingent of international election observers during the recent elections, effectively helped Ukrainian democracy. In raising Jackson-Vanik graduation, market economy status, and the WTO, Minister Tarasyuk cited strong readiness and willingness on the part of the Ukrainian Government to remove obstacles on their part, including a promise to submit in the Rada shortly a draft law on intellectual property rights. Minister Tarasyuk and the Commissioners also discussed the vital importance of ongoing OSCE election observation, Ukrainian-Russian relations, and Ukraine’s strengthened role in resolving the long-festering Moldova-Trandniestria conflict. 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.

  • The Mediterranean Dimension Today: Seeds of Hope

    By Chadwick R. Gore, CSCE Staff Advisor Recent events across the Mediterranean region, previously unheralded and unappreciated by both governments and their citizens, are heartening signs of the growing interest in democracy and concomitant human rights at the highest levels of these societies.  Various meetings and seminars held in Egypt, Morocco, Jordan and elsewhere indicate the fading away of the previously long-held belief that democratic values and international human rights standards are “Western” values.  Participants have shown a growing acceptance that these values are universal, and that inculcating them into the non-democracies of the region ultimately will result in security and prosperity within and among these states. Similar democratic evolutionary steps occurred in Eastern Europe and the Soviet Union starting with glasnost and “new thinking.” With time there has been the growing sense of the possible acceptance by some Middle Eastern governments and non-governmental organizations, especially academics, of a regional security system not unlike the Helsinki model. Commentary across the Middle East, Europe and the United States now suggests that the time is ripe for such a clear-cut progressive step for the good of the region and adjoining areas.  However, for any such process to be successful, it must be accepted by the regional actors as genuine and indigenous. Western involvement should collegial and not dogmatic. The Mediterranean Dimension The importance of Mediterranean concerns has been widely recognized from the outset of the Helsinki process. Issues relating to the Mediterranean were included in the negotiations that produced the 1975 Helsinki Final Act, resulting in a section of the Act on “Questions relating to Security and Cooperation in the Mediterranean.”  The so-called “non participating Mediterranean countries,” Algeria, Egypt, Israel, Lebanon, Libya, Morocco, Syria and Tunisia, participated on the margins in the 1973-1975 Conference on Security and Cooperation in Europe discussions regarding security in recognition of the relationship between security across Europe, the Soviet Union and in the Mediterranean region--including its southern shore. The Mediterranean dimension of the OSCE was reformulated in the mid 90s as “Mediterranean Partners for Cooperation” to include Algeria, Egypt, Israel, Morocco and Tunisia. It should be noted that such “partner” status does not require commitment to Helsinki principles by these countries. In 1998, Jordan was accepted as a Mediterranean Partner, and Afghanistan, which many consider to lie within the broader Middle East region and which borders the Central Asian states of the OSCE, was accepted as a Partner in 2003. In an effort to broaden and intensify this Mediterranean relationship, the OSCE, including the Parliamentary Assembly, has convened numerous seminars, conferences and forums emphasizing the issues of the Mediterranean and allowing full participation of representatives from Partner countries from the region. Additionally, a contact group exists within the OSCE to provide an ongoing opportunity for participating States and the six Mediterranean Partners to maintain dialogue on pertinent Mediterranean issues. Periodic meetings of the group are typically held at the ambassadorial level. While this formal relationship between the OSCE and the Mediterranean Partners has been evolving, the looming question remains about the applicability of the Helsinki process to the Mediterranean region and beyond.  In other words, would such a multidimensional process work specifically within the region to reduce tensions and advance human rights and democracy? If so, how best should such a process evolve, especially considering the cultural determinants of the region?  Which countries should be involved in such a process? Regional Efforts toward Acceptance of Democracy Public expressions of the progress toward acceptance of these universal values within the non-European portion of the Mediterranean region have been best expressed throughout 2004 at the: OSCE Mediterranean Seminar held November 18-19, Sharm El Sheikh, Egypt; Priorities and Mechanisms of Reform in the Arab World Conference, Cairo, Egypt, July 5-7; First Civil Forum in Beirut, Lebanon, March 19-22; and, the Arab Reform Issues Conference, March 14, Alexandria, Egypt. During the OSCE Mediterranean Seminar in Sharm El Sheikh, several participating States, including the United States, supported the proposal from the Algerian delegation that the OSCE provide election observers for the January 9, 2005, Palestinian elections. Subsequently, on November 27, the Palestinian Central Elections Commission formally invited the OSCE to observe the elections, citing, in part, the OSCE’s “wealth of experience in electoral observation.” While a full-fledged observation mission was not sent due to the crush of end-of-year activity, especially the Ukrainian elections, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) was represented by a smaller election delegation. The Council of Europe and the European Union, as well as other international NGOs, also sent teams of observers. The Palestinian Authority (PA) has also requested OSCE Partner status. There is no consensus on this issue, with some participating States questioning whether the PA constitutes a state. What is most notable about both of these requests is that they are from one of the West’s shrillest critics, the Palestinian Authority. To request a seat with other states endeavoring to adhere to OSCE commitments, and to submit an election to the critique of the OSCE, may indicate the acceptance by the PA of universal standards and the realization that these are not “Western” values being imposed on the organization’s participants. The “Priorities and Mechanisms of Reform in the Arab World Conference,” sponsored by the Cairo Institute for Human Rights Studies (CIHRS), Egyptian Organization for Human Rights and Al Siyassa Al Dawlia Journal was arguably one of the most notable pro-democracy and reform meetings in the Arab sector of the Mediterranean region. The conference, convened in Cairo July 5-7, 2004, was attended by 100 participants from 15 Arab states who discussed international reform initiatives in the Arab world arising from the recent G-8, EU-US and NATO summits. They also evaluated the Alexandria Document produced at the March “Arab Reform Issues” meeting, and the “Second Independence” initiative produced earlier in Beirut. They also discussed and critiqued the pretexts under which Arab governments refuse reform, setting forth schemes for follow up and government accountability.  The Conference in addition discussed visions and priorities for political reform in eight Arab countries:  Egypt, Syria, Tunisia, Jordan, Bahrain, Saudi Arabia, Iraq and Algeria and gave particular attention to the Moroccan experience. As important as these discussions were, the recognition by conference participants that while democratic and intellectual forces in the Arab world have constantly pushed for reform since 1967, the collective responsibility for the failure of such reform rests with the Arab governments was most important. This was made shockingly evident at the Arab League Summit in May.  There the majority of Arab governments outright rejected calls for reform while issuing a statement that linked reform with resolution of the Palestinian problem. Thus the attendees of the Cairo “Priorities” conference concluded that human rights would continue to be suppressed regardless of statements such as thiers, and that such statements by the Arab League and other joint-government declarations were only issued to placate the West. Earlier, in response to the Broader Middle East and North Africa (BMENA) initiative of the United States, the First Civil Forum was organized by the CIHRS in Beirut, Lebanon, March 19-22, 2004, in cooperation with the Association for Defending Rights and Freedoms (ADL), Palestinian Human Rights Organization (Rights) and in coordination with the Euro-Mediterranean Human Rights Network (EMHRN) and International Federation for Human Rights (FIDH). Eighty-seven participants representing 52 NGOs from 13 Arab states issued “Second Independence: Towards an Initiative for Political Reform in the Arab World, The recommendations of the First Civil Forum Parallel to the Arab Summit.” This initiative contains sections with recommendations addressing: fundamental principles for reform; fundamental demands for reform; nationalities and minorities; renewing religious discourse; women’s rights; rights of migrant laborers and refugees; reform priorities in states in transition (which addresses Sudan and Iraq); the Palestinian issue; which charter for human rights and peoples in the Arab world is best to be considered (such as, among others, the Regional Security Charter for the Middle East developed by the Regional Security Charter Working Group); civil society and reforming the regional regime; and, new responsibilities for the human rights movement. This is a comprehensive anti-statist approach to reform across the Arab world, recognizing for the first time in a major document that the primary responsibility for such problems as economic stagnation, poverty and illiteracy, coupled with systemic human rights abuses, lie with each and every government in the region--NOT an outside boogeyman, i.e. the West. Just a week earlier, the “Arab Reform Issues” conference was held in Alexandria, Egypt, March 12-14. Their final product is called the “Alexandria Document” which calls upon Arab governments’ reform in four areas: political reform including power sharing, respect for human rights, free media, independent political parties, and constitutional separation of powers; economic reform including privatization programs in banking and property rights, empowerment of women, and small business development; social reform that reevaluates values that have a negative effect on Arab life; and, cultural reform that uproots fanaticism from some religious curricula, mosque sermons and official and non-official media. In the past, any one of these meetings would have been noteworthy.  But here three were convened in a nine-month period--Cairo, Beirut and Alexandria--each of which puts forth significant plans for reform in the future of the Arab world. These plans share common objectives, are built upon each other in some ways, and are basically arising from outside of governments.  These efforts are somewhat similar to the Helsinki Monitoring Groups of the 70s and 80s which called upon governments to adhere to their international obligations and monitored their compliance. Helsinki Commission Initiatives In November 1995, the Commission publicly explored questions concerning the region through a two-day seminar:  “The OSCE at Twenty: Its Relevance to Other Regions.” Periodic contacts with representatives of Mediterranean Partners at various OSCE meetings, such as Human Dimension Implementation Meetings, Ministerial Meetings and various seminars, indicated that any progress in the region along the Helsinki model, or any other “western” security framework, was inexorably tied to resolution of the Palestinian-Israeli conflict. Additionally, however, Arab representatives, most notably from Egypt and Morocco, expressed irritation at what they described as “conflicting signals” from the West, especially the United States. They viewed the simultaneous approaches across the region from different Western organs, i.e. NATO, the EU (through the Barcelona Process and the Euro-Mediterranean Partnership) and the OSCE as working at cross purposes by approaching the regional security issue with differing proposals and expectations.  The view from Cairo and other capitals was that since these approaches were neither coordinated nor consistent, none of them should be taken seriously--a view that unfortunately came to be shared across much of the region. Most recently, the Helsinki Commission held a hearing June 15, 2004, addressing possible roles of the OSCE in the Middle East, and, more importantly, examining the applicability of the Helsinki model writ large in the region. Witnesses included Ambassador Max Kampelman, former Ambassador to the Conference on Security and Cooperation in Europe; Natan Sharansky, Israeli Minister of Diaspora Affairs; Dr. Peter Jones, Research Associate at the Munk Center for International Studies, University of Toronto, and project leader of the Middle East Security and Arms Control Project at the Stockholm International Peace Research Institute; and, Ambassador Craig Dunkerley (ret.), Distinguished Visiting Professor; and Professor Michael Yaffe, both of the Near East-South Asia Center for Strategic Studies, National Defense University. The objectives of the hearing were to examine the wide range of ideas concerning the OSCE and the broader Middle East region and to seek ideas for processes whereby the states of the Middle East could create an indigenous Helsinki process, to include the human dimension.  This would be especially problematic as none of the regimes in the region currently have committed to the legal reforms necessary for such human rights commitments.  The hearing also considered what role the West should play, especially the United States. Commission Chairman Rep. Christopher H. Smith (R-NJ) set the tone of the hearing by defining the Middle East as the region from Morocco in the west to Iran in the east, and from Sudan in the south to Turkey in the north, “trapped today in the polar opposite of the OSCE process.  Instead of democratic principles pushing democratic progress, state repression breeds resentment and poverty.”  He pointed out that leaders from Israel, Egypt and other countries in the region had testified before the Commission as early as 1995 on the need for a regional security system like the OSCE, and yet no progress toward such a system was in evidence. Former Commissioner and current Minority Whip Steny Hoyer (D-MD) reminded all that the Commission first examined the possibility of a Helsinki-type process for the Middle East in an October 14th, 1993, hearing. Since, commissioners have continued to raise this possibility with Middle East leaders, believing such a process was relevant then, and is perhaps even more so now. Mr. Hoyer proposed that the very substantial gulf that existed between the Soviet Union and the West when the Helsinki process began and the existing gulf between many of the countries in the Middle East are analogous. Hoyer explained that as the West and East were, in 1975, bitterly divided, they came together and agreed on certain principles.  Some, perhaps, agreed on them rhetorically, while some agreed philosophically.  In any event, the agreement had great power and that could apply in the Middle East. Notwithstanding the deep differences that existed then, the process established a regional forum for discussion of certain principles which may not be universally followed, but are now universally accepted. “Clearly, the governments and the peoples of the Middle East must embrace for themselves such a process in order to achieve lasting peace, stability and prosperity,” he said. Ranking House Commissioner Benjamin Cardin (D-MD) noted the uniqueness of the OSCE working through voluntary compliance to commitments by the participating States, not treaty obligations. He also said in some respects the OSCE is stronger than other multilateral organizations due to the use of consensus which requires active diplomacy for results. Originally Cardin strongly supported the effort to expand the OSCE process in the Middle East, specifically a CSCME (Commission for Security and Cooperation in the Middle East). Over the years when he has raised this with leaders in the region, they have supported such a process for the Middle East, without any reservation at all. They have seen this as the right way to try to resolve regional conflicts by creating a forum in which to discuss differences in an open manner where every state is given equal respect in dealing with the issues. However, Mr. Cardin’s position has changed, accepting Ambassador Kampelman’s proposal to expand the existing organization to include the Middle East diaspora: since there exists the OSCE, and it could take decades, perhaps, for the different states in the region to develop their own commitments, why not just expand the OSCE with stronger participation from the countries in the Middle East? He noted that the OSCE is looking at ways too expand its Mediterranean partners within the OSCE, using the partnership structure as a framework to deal with regional issues. Ambassador Kampelman proposed the extension of the existing 55-nation OSCE to include the current Mediterranean Partners, noting that the Helsinki Final Act included several references to Mediterranean states, dealing specifically with the “geographical, historical, cultural, economic, and political relationship between Europe and the Mediterranean.”  He stressed the value of providing Middle Eastern countries with a standard for human rights and democracy through becoming OSCE participating States and voluntarily accepting the considerable body of related Helsinki commitments. Minister Sharansky also supported extending the OSCE to the Middle East, arguing an analogous comparison between the lack of human rights in the region today and the repression of the Soviet regime during the Cold War.  Sharansky argued that just as the Helsinki process in the Cold War used the spotlight of world opinion to expose Soviet human rights violations and their treatment of political dissidents, a similar approach to human rights abuses in the Middle East which would be focused on specific dissidents and prisoners, as well as the linkage of military and economic aid to human rights issues, would work through the OSCE. Dr. Peter Jones contended that while the OSCE represents an appropriate model for a Middle Eastern regional security organization, he disagreed with Kampelman and Sharansky.  He argued that the OSCE should not be extended or replicated in the Middle East because the people and governments of the region need to have a significant stake in the establishment of a regional organization, and that stake would not exist in an organization brought in from abroad.  Jones emphasized the need to discuss the meaning of “democracy” and “secularism” given the regional cultural, historical, and political context, suggesting that if such discussions were ongoing, they could eventually result in some form of regional charter laying out the basic “norms of conduct” for governments and civil society in the region. Ambassador Dunkerley and Dr. Yaffe testified in the same vein as Dr. Jones, each emphasizing different points.  Dunkerley stressed that since organizations imposed from outside the region, or perceived to come from outside the region, would fail, reform must be perceived to be genuinely owned by the people of the Middle East.  Reform in the region, he said, is a long-term prospect and that it would involve both regional and bi-lateral relations.  He also emphasized, as Dr. Jones had, that developments in Iraq and the Palestinian issue would play an important role in the establishment of a regional security organization. Yaffe shared some of the insights he had gained from his previous work on regional security in the Middle East.  Yaffe argued against a broad regional organization because not all of the countries in the region are focused on the same issues.  In particular, he said, a pan-regional approach would mean that the Israeli-Palestinian issue would dominate the new organization’s agenda, perhaps at the expense of progress on less polemical issues. Besides a sub-regional approach, Dr. Yaffe also urged that bilateral programs tailored to support civil society and democracy in individual countries served as perhaps the best means to advance reform.  Finally, he suggested, as Jones and Dunkerley had, that “Middle East ownership” of the security and development process was extremely important.  The success of that process also depended, he added, on a comprehensive approach to other regional problems, such as the Israeli-Palestinian issue. In conclusion, Chairman Smith voiced concern about possible isolation of Israel within a strictly Middle Eastern organization.  Dr. Jones responded that Israel might be rhetorically isolated in a regional security system, but in terms of actual security concerns, would not.  Dunkerley added that if the Middle East were simply added to the OSCE in order to prevent Israel’s isolation, the Israeli-Palestinian question would bog down progress on other issues central to the work of the current OSCE, especially given the consensus rule.  Yaffe seconded those thoughts and emphasized that progress throughout the region depends on the ebb and flow of the peace process. An October 23, 2003, Commission briefing “Democracy and Human Rights in the Mediterranean Partner States of the OSCE: Algeria, Egypt, Israel, Jordan, Morocco and Tunisia” with presentations by experts from the Committee to Protect Journalists, Amnesty International and Human Rights Watch set the tone for future Commission efforts in the region. Expert panelists participating in the briefing were: Frank Smyth, Washington Representative for the Committee to Protect Journalists; Karen Hanrahan, Director of Advocacy for Middle East and North Africa, Amnesty International USA; and, Joe Stork, Washington Director for the Middle East and North Africa division of Human Rights Watch. Unfortunately the general outcome of the briefing was rather negative. Torture and ill treatment of detainees were described as serious problems within the Mediterranean Partners, as well as arbitrary detentions, lack of due process, and limits on religious practice. Such restrictions have been exacerbated in the name of anti-terror initiatives since the attacks of September 11. It was reported that unrest in the Mediterranean region, as well as repression, had given rise to an increase in human rights violations, with torture in varying degrees remaining a problem in all six countries. Journalists attempting to work in the region faced difficulties as well with several in jail. The briefing pointed out the stark reality that Mediterranean Partners are not  participating States of the OSCE and have not accepted the OSCE commitments. This picture had several present wondering if there could ever be a Helsinki process with governments so far from accepting basic human rights criteria. The Broader Middle East and North Africa (BMENA) initiative Coincidentally, two weeks after the Commission briefing on the Mediterranean Partner States, President Bush delivered what many consider a clarion call for reform in the Middle East in his November 6, 2003 speech on the 20th anniversary of the National Endowment for Democracy. Rejecting the common western cultural condescension of many who believe that democracy and representative government cannot succeed in Islamic Arab States, the President pointed out that champions of democracy in the region understand that while democracy is not perfect nor a path to utopia, it is the only path to national success and dignity.  After delineating the details of successful democracies, President Bush announced the United States had adopted a new policy, a forward strategy of freedom in the Middle East. This Greater Middle East Initiative, which has become the Broader Middle East and North Africa Initiative (BMENA) was at first viewed skeptically by the region and much of Europe. The initial practical application of the BMENA was to be the Forum for the Future which first met in December, 2004. European and OSCE Initiatives The European Union’s European Neighborhood Policy (ENP), announced on November 10, 2004, invites adjacent states of the EU to share peace, stability and prosperity, with the aim of creating a secure ring of friendly States around the borders of the newly enlarged EU.  Specifically, for the Mediterranean neighbors the ENP is to build on the 10-year experience of the Barcelona process, thereby continuing to emphasize economic integration and deepening political cooperation. Europeans have also accepted the June, 2004, G-8 summit declaration titled “Partnership for Progress and a Common Future with the Region of the Broader Middle East and North Africa” regarding the BMENA with commitments to pursue political, economic and social reform in the BMENA. The EU will support it on a dual track with the ENP.  The G-8 Forum for the Future, held in Rabat, Morocco, December 10-11, at the ministerial level, is the first step in the development of the BMENA. Previously, in October 2003, the Regional Security Charter Working Group met in Copenhagen to discuss a Draft Regional Security Charter for the Middle East. This experts group has convened periodically for several years under the direction of Dr. Peter Jones.  The Middle East is defined for purposes of this Charter as the States of the Arab League; the Islamic Republic of Iran; the State of Israel; and Turkey.  The Charter is an evolving document which is being developed on a Track 2, i.e. non-governmental, level for eventual consideration by the states involved. The OSCE Parliamentary Assembly on October 1, 2004, and the OSCE on November 18-19 held Mediterranean Seminars in Rhodes, Greece and Sharm El Shiekh, Egypt, respectively. The October 1 Parliamentary Forum, led by OSCE PA President and U.S. Helsinki Commissioner Rep. Alcee Hastings (D-FL),  focused primarily on combating terrorism in the Mediterranean, although economic security, trade and co-operation in the region were discussed by some speakers. Speakers included: Special Representative for the Mediterranean and recent-past OSCE PA President Bruce George, M.P.; OSCE Secretary General Jan Kubis, and Chairman of the OSCE Mediterranean Contact Group Janez Lenarcic.  Particularly poignant remarks were delivered by Dr. Thanos P. Dokos, Director of Studies at the Hellenic Foundation for European and Foreign Policy, Athens, and Mr. Sotiris Roussos, Lecturer, Institute of International Relations, Panteion University of Athens.  Both discussed the role of Islam in the region, Dokos from the historic perspective, Roussos the economic. In both cases cause for concern about radical Islam was shown to be well founded, yet Islamic States were shown, in the long term, to be necessary and acceptable.  And yes, each believed, democracy was the road these states need to follow in the future.  While some important points were presented, the seminar would have benefited by the broader participation of representatives of Mediterranean Partners. The well-attended Sharm El Shiekh seminar produced some very positive results for the future. There was a welcome addition of members of the civil society, including a senior Egyptian general and a female parliamentarian. As previously mentioned, Algeria suggested that the OSCE observe the January 9 Palestinian elections, a move that immediately gained widespread support. Not only would this help to insure a free election but could show the region how an organization like the OSCE might be a positive security structure.  Along the same vein, Ambassador Craig Dunkerley proposed linking OSCE conflict prevention and human dimension resources with regional institutions that are beginning to explore the development of civil society--such as the Cairo Institute for Human Rights Studies (CIHRS), Egyptian Organization for Human Rights, Association for Defending Rights and Freedoms (ADL), Palestinian Human Rights Organization (Rights)--reinforcing local efforts rather than superimposing European institutions. Most of the discussions concerned threats to security, confidence and security-building measures (CSBM) and migration. A key address from Mohamed Kadry Said of the Al-Ahram Center for Political and Strategic Studies, Cairo, laid out the current situation and where the region needs to head for security.  After describing the deterioration of mutual security in the region as the fault of both the northern and southern shores of the Mediterranean, he called for the Mediterranean Partners to redefine cooperation, threats and the Mediterranean, rejecting unilateral action in the meantime.  His emphasis on cooperation in the region, and the need for expanding the region’s security space to include Afghanistan and possibly beyond laid a basis to consider security architecture for the area.  He also described an evolving Arab-Islamic-Western-Global anti-terrorism perspective, which could be part of the basis for such architecture. Conclusion For more than a decade, the lack of and need for a regional security structure in the Middle East has been examined and discussed, primarily outside the region yet focused inward to the Arab states. Momentum toward such a framework seems to be gaining strength, both in the West through NATO, the G-8, EU, and OSCE and through the actions of certain governments willing to fund and act upon such initiatives.  Notably, regional civil society actors are engaged in Track 2, and regional governments are slowly being included in such discussions. Regarding BMENA and ENP, however, there may be room for concern.  This duality of mutual effort between the United States and the European Union potentially presents a cross-Atlantic confrontation, and not unlike the confusion of multiple regional approaches from the West in the past as cited by the representatives of Mediterranean Partners.  Since the goals of the BMENA are to bring about regional political and economic reformation versus the intent of the ENP, which is to build accommodation with existing regimes for economic and political stability, the two approaches are in conflict.  The Europeans and the Americans need to agree to some common standards regarding regional stability while encouraging political change.  At the same time, the governments of the region will need to strive to be flexible and perceptive enough for both initiatives.  The alternatives to such cooperation are either for little or no progress to be made, or for the competition in the region between the United States and the EU to become the Great Game of the 21st century. It is clear that there is much ongoing effort on which to build.  However, two points must be made concerning the situation today.  First, the West must be aware of the potential conflict between BMENA and ENP.  Second, regional governments must become the primary actors in their own interest. When discussions concerning the broader Middle East region take place in forums such as the OSCE, every effort must be made to significantly expand the number and role of speakers and attendees from the region. The day of talking at, instead of listening to, is passé.

  • Helsinki Commission, House Armed Services Committee Examine Trafficking in Persons

    On September 21, 2004, the Commission on Security and Cooperation in Europe (Helsinki Commission) and the House Armed Services Committee (HASC) held a joint Issue Forum entitled “Enforcing U.S. Policies Against Trafficking in Persons: How is the U.S. Military Doing?” The Issue Forum examined the Department of Defense’s (DoD) implementation of a zero-tolerance policy toward human trafficking, the role of uniformed Service members and contractors in facilitating trafficking, as well as leadership and readiness issues. The Forum was co-chaired by Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Armed Services Committee Chairman Rep. Duncan Hunter (R-CA). Helsinki Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) and Commissioners Senator Hillary Rodham Clinton (D-NY) and Rep. Mike McIntyre (D-NC) attended the forum, as well as several members of the Armed Services Committee. Briefing on behalf of the Administration were Charles S. Abell, Principal Deputy Under Secretary of Defense for Personnel and Readiness; General Leon J. LaPorte, Commander of United States Forces Korea; Joseph E. Schmitz, Inspector General for the Department of Defense; and Ambassador John R. Miller, Director of the Office to Monitor and Combat Trafficking in Persons at the U.S. Department of State. A panel of non-governmental witnesses consisted of Dr. Sarah Mendelson, a Senior Fellow in the Russia and Eurasia Program at the Center for Strategic and International Studies; and Martina E. Vandenberg, an attorney with Jenner and Block and a former researcher for Human Rights Watch. Congressional attention to the military’s role in addressing trafficking ignited in March 2002 when Cleveland, Ohio Fox News affiliate WJW-TV aired a report showing U.S. troops in South Korea patronizing bars and other establishments where women from the Philippines and former Soviet states were forced to prostitute themselves. Members of Congress called for the Pentagon to investigate the veracity of the allegations as well as the appropriateness of the U.S. military's policies and response to prostitution and human trafficking worldwide. DoD Inspector General Joseph E. Schmitz subsequently conducted inspections in South Korea, Bosnia and Herzegovina, and Kosovo and issued two reports, in July 2003 and December 2003, respectively, which identified institutional weaknesses in the U.S. military’s understanding and response to the crime of human trafficking and made concrete recommendations for action. In his opening remarks, Chairman Smith noted that while the coexistence of prostitution alongside large populations of military forces is neither a new problem, nor a uniquely American problem, in recent years numerous sources have documented that in certain locations, such as South Korea and Southeastern Europe, women and girls are being forced into prostitution for a clientele consisting largely of military service members, government contractors, and international peacekeepers. According to Smith, “the need for a strategy to prevent the emergence of prostitution and human trafficking in post-conflict areas is made abundantly clear by the experiences in Bosnia-Herzegovina and Kosovo, [where] prostitution and human trafficking were allowed to develop and thrive due to the arrival of large numbers of multi-national personnel involved in post-conflict reconstruction and peacekeeping.” In both places, peacekeepers involved with trafficking have faced mere repatriation as a sanction for their unlawful actions. “We need to close the legal loopholes that allow this to happen,” said Smith. The Department of Defense’s obligation to address human trafficking originated with the issuance of a National Security Presidential Directive (NSPD-22) by President George W. Bush in December 2002. NSPD-22 established a zero-tolerance policy on involvement in trafficking activities by U.S. Government employees and contractor personnel representing the United States abroad. In January 2004, Deputy Secretary of Defense Paul Wolfowitz issued an internal memorandum which stated, in pertinent part: [I]t is the policy of the Department of Defense that trafficking in persons will not be facilitated in any way by the activities of our Service members, civilian employees, indirect hires, or DoD contract personnel. Following the policy set by the Commander-in-Chief, DoD opposes prostitution and any related activities that may contribute to the phenomenon of trafficking in persons as inherently harmful and dehumanizing. The policy statement outlined objectives of DoD efforts to combat trafficking in persons, including (1) educating Service members and DoD civilians serving overseas about human trafficking; (2) increasing efforts by command and military police authorities worldwide to pursue indicators of trafficking in persons in commercial establishments patronized by DoD personnel; (3) incorporating clauses in overseas service contracts that prohibit contractor employees from supporting or promoting trafficking in persons; and (4) developing a method for evaluating DoD’s efforts to combat trafficking in persons. On September 16, 2004, Secretary of Defense Donald Rumsfeld issued additional guidance to military leaders indicating that he expects the problem of trafficking—both sex and labor trafficking—to be addressed. Rumsfeld’s memorandum placed greater emphasis on the problem of labor trafficking than had the earlier memorandum from Deputy Secretary Wolfowitz. In particular, Rumsfeld indicated that “Commanders need to be vigilant to the terms and conditions of employment for individuals employed by DoD contractors. . . . Trafficking includes involuntary servitude and bondage. These trafficking practices will not be tolerated in DoD contractor organizations or their subcontractors in supporting DoD operations.” Ambassador John R. Miller, Director of the State Department’s Office to Monitor and Combat Trafficking in Persons, opened the testimony at the Issue Forum by describing trafficking, inter alia, as a national security challenge which “relates to the task facing our military because they are trying to create secure, stable situations in several countries.” Miller explained that the demand for sex trafficking “is created by the so-called customers” and stated that “historically, when you have national forces going from one country to another this leads to increased prostitution and increased trafficking in the number of slave victims.” Miller emphasized the need to educate people who might patronize prostitutes that, according to research, “most of the people they are ‘patronizing’ are likely to be victims of trafficking: raped, assaulted, abused, waiting to escape.” Coordinating DoD’s anti-trafficking initiatives is currently the responsibility of Charles Abell. At the Forum, Abell described DoD’s zero-tolerance policy as “a policy of command responsibility to recognize, prevent, and to assist local law enforcement when it comes to trafficking in persons in any way, shape or form.” According to Abell, DoD’s anti-trafficking training program for Service members, DoD civilian personnel and contractors would be put into operation by November 1, 2004. An online version will be available by January 2005. Commissioner Cardin asked for clarification of the meaning of the “zero-tolerance” policy, given that U.S. troops are often stationed in countries with legalized prostitution. He also expressed skepticism that troops could distinguish between prostitution and trafficking. Mr. Abell responded that the zero-tolerance policy included prostitution and trafficking, and that those caught patronizing prostitution or otherwise supporting sex or labor trafficking would be held accountable. He noted that an amendment to the Uniform Code of Military Justice (UCMJ) has been proposed that would clarify the legal basis upon which a Service member can be prosecuted, under the UCMJ, for patronizing a prostitute. The proposed amendment was placed in the Federal Register on September 15, 2004. DoD Inspector General Schmitz’ testimony did not focus on the details of his human trafficking assessment reports in South Korea and Southeastern Europe. Rather he noted the tools available for combating trafficking within the DoD and the lessons learned in the course of his assessments. Among those lessons, according to Schmitz, is that “among the root causes of the recent resurgence of human trafficking, aside from the obvious profit motive of organized criminals is a general reluctance of leaders at all levels to promulgate and to enforce principle-based standards for subordinates who create the demand for prostitution, generally, and for sex slavery, specifically.” General Leon J. LaPorte, Commander of United States Forces Korea (USFK), testified that subsequent to the Fox News affiliate’s report and the Inspector General’s investigations, United States Forces Korea had adopted a “zero tolerance” approach to human trafficking which applies to the approximately 33,000 Soldiers, Sailors, Airmen, Marines and 5,000 Department of Defense civilians and contract employees currently serving in South Korea. The South Korean Government estimates that the commercial sex industry in South Korea is worth $22 billion per year and involves an estimated 330,000 women—10,000 of whom are foreigners. General LaPorte described an anti-trafficking strategy of “awareness, identification, reduction, along with continued interaction with the Korean Government and law enforcement agencies.” DoD personnel are briefed about the crime of human trafficking and the zero-tolerance policy upon arriving in South Korea and during subsequent leadership schools and training events. Armed forces radio and television stations in Korea also air public service announcements to inform U.S. personnel about USFK’s anti-trafficking policies. Since January 2003, more than 400 Service members in Korea have been prosecuted or otherwise disciplined for solicitation and related offenses such as curfew violations and trespassing in posted off-limits areas. USFK’s other initiatives include a 24-hour hotline operating in tandem with the Korean national police hotline and a women’s crisis center to receive reports of suspected prostitution or human trafficking activities. Other efforts include a renewed focus on providing alternatives to off-post entertainment areas near U.S. military facilities, such as high-speed Internet and cable access to military barracks and a volunteer program within the local community. LaPorte explained an improved process for identifying establishments that are suspected of complacency in prostitution and human trafficking, and their subsequently being declared off limits to U.S. personnel. More than 600 bars, restaurants and clubs have been placed off limits. Offending business owners are subject to specific and extensive corrective actions in order to regain patronage of USFK personnel or their family members. Significantly, LaPorte testified that the uniformed personnel who patrol nightly in the districts associated with U.S. military facilities in Korea have been trained to identify indicators of prostitution and trafficking and are now directed to report suspicious activities. Such training was initiated in response to the 2002 WJW-TV report which captured on video uniformed soldiers on “courtesy patrols” who spoke nonchalantly of foreign women forced to work or prostitute themselves in local establishments. The soldiers advised the undercover reporter on negotiating for sex in such establishments and gave no indication that they felt obliged to report the presence or activities of these women to their chain of command. Opening the second panel, Dr. Sarah Mendelson acknowledged that adoption of an anti-trafficking policy for DoD is potentially an important step in addressing the involvement of uniformed Service members and civilian contractors with trafficking. Her testimony, however, focused on potential difficulties implementing this policy based on the findings of her research on the trafficking of women and girls to the Balkans and the role of international peacekeepers. A research report by Mendelson will be published in early 2005. According to Dr. Mendelson, “many uniformed Service members, civilian contractors, as well as civil servants, tend to deny the links between trafficking and peacekeeping deployments, fail to understand the security implications of human rights abuse and support of organized crime, and tend to conflate trafficking with legalized prostitution.” Citing several specific examples, Mendelson indicated that the lack of awareness and misperceptions about trafficking are so widespread as to inhibit effective implementation of the zero-tolerance policy. Mendelson recommended that DoD allocate “significantly more resources, organization and leadership” in order to effectively change the pervasive attitudes and an organizational culture which fail to recognize trafficking in persons for sexual or labor exploitation as relevant to the military. She specifically recommended that DoD’s efforts to combat human trafficking be centralized in one office directed by a Deputy Assistant Secretary of Defense. She recommended further that Secretary Rumsfeld appoint a panel of external advisers to assist DoD in implementing its anti-trafficking policies and that DoD conduct a comprehensive awareness campaign on the issue of human trafficking. Ms. Vandenberg’s testimony drew on a report that she wrote for Human Rights Watch in 2002, entitled “Hopes Betrayed: Trafficking in Women and Girls to Post-Conflict Bosnia and Herzegovina for Forced Prostitution.” At that time there were eight documented cases of U.S. Government contractors implicated in human trafficking—four of whom were DoD contractors. Vandenberg suggested that there are likely more cases, but that because investigators have not been trained or instructed to investigate trafficking offenses, many instances have likely gone undocumented. Human Rights Watch did not find evidence of U.S. Service members involved in trafficking-related activities in Bosnia. Ms. Vandenberg noted numerous concerns with DoD’s implementation of NSPD-22, including that “there is still no contractor accountability . . . the Department of Defense has not yet incorporated a condition into existing contracts permitting termination of grants if the contractor engages in trafficking,” as required by the Trafficking Victims Protection Act of 2003. She also noted the absence of evaluation programs and benchmarks to measure adherence to the zero-tolerance policy. While praising the policy statements made by Secretary Rumsfeld and Deputy Secretary Wolfowitz regarding trafficking, Ms. Vandenberg concluded that “DoD’s actions at this point do not match this ambitious rhetoric.” 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.

  • Advancing U.S. Interests through the OSCE

    The OSCE has been a pioneer in defining an integrated approach to security, one in which human rights and economic well-being are as key to a nation’s stability as are traditional military forces.  It remains not only the largest trans-Atlantic organization, but the one with the broadest definition of security.  The OSCE has also created the most innovative habits of dialogue and collective action of any multilateral organization in the world.  The focus of the hearing will be how the OSCE can be used most effectively to highlight and advance the interests of the United States.  Among the subjects to be covered will be objectives for the December (2004) meeting of Foreign Ministers in Sofia; recent high-impact security initiatives; expectations for the upcoming Human Dimension Implementation Meeting in Warsaw; and refining and strengthening the OSCE.

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