[Congressional Record Volume 147, Number 107 (Friday, July 27, 2001)]
[Extensions of Remarks]
[Pages E1455-E1456]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     ROMANIA'S CHAIRMANSHIP OF OSCE

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                         Friday, July 27, 2001

  Mr. SMITH of New Jersey. Mr. Speaker, this year, Romania holds the 
chairmanship of the 55-nation Organization for Security and Cooperation 
in Europe (OSCE). Obviously, this is one of the most important 
positions in the OSCE and, as Romania is a little more than half way 
through its tenure, I would like to reflect for a moment on some of 
their achievements and challenges.
  First and foremost, I commend Romanian Foreign Minister Mircea Geoana 
for his leadership. In late January Minister Geoana met in the Capitol 
with members of the Helsinki Commission which I co-chair and again two 
weeks ago at the Parliamentary Assembly meeting in Paris, we had a 
helpful exchange of views. He has demonstrated, in word and deed, that 
he understands how important the role of chairman is to the work of the 
OSCE. His personal engagement in Belarus and Chechnya, for example, 
illustrates the constructive possibilities of the chairmanship. I 
appreciate Foreign Minister Geoana's willingness to speak out on human 
rights concerns throughout the region.
  As Chair-in-Office, we also hope that Romania will lead by example as 
it continues to implement economic and political reform and to further 
its integration into western institutions. In this regard, I would like 
to draw attention to a few of the areas the Helsinki Commission is 
following with special interest.
  First, many members of the Helsinki Commission have repeatedly voiced 
our concerns about manifestations of anti-Semitism in Romania, often 
expressed through efforts to rehabilitate or commemorate Romania's 
World War II leadership.
  I was therefore encouraged by the swift and unequivocal response by 
the Romanian Government to the inexcusable participation of General 
Mircea Chelaru in a ceremony unveiling a bust of Marshal Ion Antonescu, 
Romania's war-time dictator. I particularly welcome President Iliescu's 
statement that ``Marshal Ion Antonescu was and is considered a war 
criminal for the political responsibility he assumed by making [an] 
alliance with Hitler.''
  I encourage the Romanian Government to give even greater meaning to 
this statement and to its stated commitment to reject anti-Semitism. 
Clearly, the next step should be the removal of Antonescu statues from 
public lands, including those at the Jilava prison and in Slobozia, 
Piatra Neamt, and Letcani.
  Mr. Speaker, I also appreciate the recent statement by Prime Minister 
Nastase that journalists should not be sent to jail for their writings. 
But frankly, it is not enough for the Prime Minister merely to reject 
efforts to increase the criminal penalties that journalists are now 
vulnerable to in Romania.
  Non-governmental organizations have spoken to this issue with one 
voice. In fact, since the beginning of this year, NGOs have renewed 
their call for changes to the Romanian penal code that would bring it 
into line with OSCE standards. Amnesty International, Article l9, the 
Global Campaign for Free Expression, the International Helsinki 
Federation and the Romanian Helsinki Committee have all urged the 
repeal of articles 205, 206, 207, 236, 236(1), 238 and 239 from the 
criminal code and, as appropriate, their replacement by civil code 
provisions. I understand the Council of Europe made similar 
recommendations to Romania in 1997.
  Moreover, the OSCE Representative on Freedom of the Media has said, 
clearly and repeatedly, that criminal defamation and insult laws are 
not consistent with OSCE commitments and should be repealed. There is 
no better time to take this step than now, while Romania holds the 
Chairmanship of the OSCE.
  Public authorities, of course, should be protected from slander and 
libel, just like every one else. Clearly, civil codes are more than 
adequate to achieve this goal. Accordingly, in order to bring Romanian 
law into line with Romania's international obligations and commitments, 
penal sanctions for defamation or insult

[[Page E1456]]

of public authorities in Romania should be altogether ended. It is 
time--and past time--for these simple steps to be taken.
  As Chairman-in-Office, Minister Geoana has repeatedly expressed his 
concern about the
  Domestically, Romania is also in a position to lead by example in 
combating trafficking. Notwithstanding that the State Department's 
first annual Trafficking in Persons report characterizes Romania as a 
``Tier 3'' country in the fight against human trafficking--that is, a 
country which does not meet minimum standards for the elimination of 
trafficking and is not making significant efforts to bring itself into 
compliance with those standards--it is clear the Government of Romania 
is moving in a positive direction to address the trafficking of human 
beings from and through its territory. For example, the Ministry of 
Justice is actively working on a new anti-trafficking law. The 
government is also cooperating closely with the Regional Center for 
Combating Trans-Border Crime, created under the auspices of the 
Southeast European Cooperative Initiative and located in Bucharest, and 
in particular, with the Center's anti-human trafficking task force.
  I encourage the Govenmient of Romania to continue with these efforts 
and to undertake additional initiatives. For example, law enforcement 
officers in Romania, as in many other OSCE States, are still in need of 
thorough training on how to investigate and prosecute cases of 
suspected human trafficking. Training which reinforces the principle 
that trafficked persons deserve a compassionate response from law 
enforcement--as they are victims of crime themselves, not criminals--is 
necessary. When such training leads to more arrests of traffickers and 
more compassion toward trafficking victims, Romania will be a regional 
leader in the fight against this modem slavery.
  Finally, Mr. Speaker, I would like to say a few words about the 
Romani minority in Romania. Romania may have as many as 2 million Roma, 
and certainly has the largest number of Roma of any OSCE country. Like 
elsewhere in the region, they face discrimination in labor, public 
places, education, and housing. I am especially concerned about 
persistent and credible reports that Roma are subjected to police 
abuse, such as the raids at the Zabrauti housing development, near 
Bucharest, on January 12, and in Brasov on February I and 9 of this 
year. I commend Romani CRISS and other groups that have worked to 
document these problems. I urge the Romanian Government to intensify 
its efforts to prevent abusive practices on the part of the police and 
to hold individual police officers accountable when they violate the 
law.
  In the coming months, the OSCE will conduct the Human Dimension 
Implementation Review meeting in Warsaw, a Conference on Roma and Sinti 
Affairs in Bucharest, and the Ministerial Council meeting also in 
Bucharest, among other meetings and seminars. The legacy of the 
Romanian Chairmanship will entail not only the leadership demonstrated 
in these venues but also progress made at home through further 
compliance with OSCE commitments.

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