[Congressional Record (Bound Edition), Volume 152 (2006), Part 18]
[Extensions of Remarks]
[Pages 23794-23795]
[From the U.S. Government Publishing Office, www.gpo.gov]




SOUTHEASTERN EUROPE: MOVING FROM ETHNIC CLEANSING AND GENOCIDE TO EURO-
                          ATLANTIC INTEGRATION

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                       Thursday, December 7, 2006

  Mr. SMITH of New Jersey. Mr. Speaker, when I was appointed chairman 
of the Helsinki Commission in early 1995, Mr. Speaker, the U.S. foreign 
policy establishment and its European counterparts were seized by a 
genocidal conflict of aggression against Bosnia-Herzegovina. Many here 
in the Congress were already deeply involved in bipartisan efforts to 
end the conflict by urging a decisive, international response under 
U.S. leadership. I can still recall the sense of horror, outrage, and 
shame when the Srebrenica massacre occurred and nothing was done to 
stop it and other atrocities committed against civilians. Slobodan 
Milosevic, meanwhile, was comfortably entrenched as Serbia's leader, 
with Kosovo under his repressive thumb. The situation was truly bleak.
  Today, relative calm prevails throughout the Balkans region, though 
simmering tensions and other serious problems could lead to renewed 
crisis and conflict, if left unchecked. Overcoming the legacy of the 
past and restoring dignity and ensuring justice for the victims will 
require sustained engagement and vigilance. Integrating the countries 
of the region into European institutions can advance this process.
  Slovenia has become a full-fledged member of both NATO and the 
European Union. Croatia is well on its way to similar membership, and 
Macedonia and Albania are making steady progress in the right 
direction. In a welcome development, Bosnia-Herzegovina, the epicenter 
of bloody carnage and mass displacement in the mid-1990s, was invited 
last week to participate in NATO's Partnership for Peace Program, along 
with Serbia and the newly independent state of Montenegro.
  As a longstanding member and leader of the Helsinki Commission, I 
want to highlight some of the numerous initiatives we have undertaken 
in an attempt to draw attention to developments in the Balkans and to 
influence related policy. Since 1995, we have convened more than 20 
hearings on specific aspects of the region as well as related 
briefings, legislation, letters, statements and meetings. These efforts 
have been undertaken with an uncommon degree of bipartisanship. In this 
regard, I particularly want to thank the Commission's outgoing ranking 
member, Mr. Cardin of Maryland, for helping to make this a reality.
  Among the Commission's most noteworthy accomplishments, I would 
include garnering the strong support that contributed to the 
establishment of the International Criminal Tribunal for the former 
Yugoslavia and pressing countries to cooperate in bringing those 
responsible for war crimes, crimes against humanity and genocide to 
justice. I would include the change in U.S. policy from relying on 
Milosevic to implement the Dayton agreement to supporting democracy in 
Serbia as the long-term and genuine partner in building regional peace 
and stability.
  We have maintained a significant focus on elections, encouraging all 
the countries in the region to strive to meet international standards 
for free and fair elections as well as referenda. There has been 
tremendous progress in this regard.
  The Commission's support for the OSCE, I believe, has helped the 
organization's field activities in southeastern Europe to be more 
successful in promoting respect for the human rights and fundamental 
freedoms of all the people, regardless of ethnicity. Finally, on the 
more controversial policy of NATO's action against Serbia in 1999, the 
Commission served as a forum to air differing views on the policy 
response while finding common ground in addressing the humanitarian 
crises, documenting human rights abuses and holding human rights 
violators to account.
  Mr. Speaker, while welcoming this progress in southeastern Europe, I 
would caution against complacency as the region faces significant 
challenges. Maintaining positive momentum will require much from actors 
in the region as well as the international community, including the 
United States.
  First and foremost is the situation in Kosovo. The pending decisions 
that will be made on Kosovo's status give rise to growing expectation 
as well as apprehension and concern. Despite the many debates on larger 
issues of sovereignty, territorial integrity, and self-determination, 
these decisions should and will ultimately be judged by whether or not 
they lead to improved respect for human rights, especially the rights 
of those people belonging to the Serb, Roma and other minority 
communities in Kosovo. The members of the minority communities deserve 
to be treated as people, not as pawns in a fight over territory and 
power. They should be allowed to integrate rather than remain isolated, 
and they should not be discouraged from integration when opportunities 
arise. I remain deeply concerned that these issues are not being given 
the attention they deserve. Whatever Kosovo becomes, OSCE and other 
international human rights standards must apply.
  Similarly, there is a need to ensure that justice is vigorously 
pursued for the victims of horrendous human rights violations. 
Conditionality on assistance to Serbia, as well as on that country's 
integration, must remain firmly in place until Belgrade cooperates 
fully in locating at-large indicted war criminals and facilitating 
their transfer to the ICTY in The Hague. It is an outrage that Ratko 
Mladic and Radovan Karadzic remain at large. After refusing to take 
meaningful action on these cases, Serbia can not be let off the hook 
now, but should be pressed to comply with its international 
obligations.
  A related issue is that of missing persons. Ten years after Dayton, 
additional mass graves continued to be uncovered, and the 
identification of the remains of relatives and loved ones is important 
for the survivors of past atrocities and their societies. The 
Commission recently held a briefing on identifying remains found in 
mass graves in Bosnia, and I hope that support for determining the fate 
of missing persons can be further strengthened.
  While some progress has been made in combating trafficking in persons 
in the region, all countries there need to intensify their efforts to 
end this modern-day form of slavery. Political will and adequate 
resources will be required, including through enhanced efforts by law 
enforcement and more vigorous prosecution of traffickers while 
providing protection for their victims.
  Religious freedoms also remain a cause for concern. Various laws in 
the region allegedly providing for religious freedom do more to 
restrict this fundamental right by establishing thresholds for 
registration, by discriminating against small or new religious groups 
through tiers of recognition with associated privileges for traditional 
faiths, and by precluding the sharing of creeds or limiting free 
speech. These restrictions are particularly burdensome to smaller 
religious groups and can lead to stigmatization, harassment, and 
discrimination against their members. For instance, Kosovo's new 
religion law singles out certain communities for special status while 
failing to address how other religious groups can obtain juridical 
personality as a religious organization, thereby creating a significant 
legal void from the start. I urge Kosovo authorities to follow the 
progressive Albanian system and create a neutral registration system of 
general applicability. Macedonia is considering a draft law now, and I 
hope authorities will fully adopt the recommendations of the OSCE Panel 
of Experts on Religious Freedom, as certain provisions of the draft 
regarding the granting of legal personality need additional refinement. 
I similarly call on Serbian officials to amend their current law and 
ensure all groups seeking registration receive legal status. Meanwhile, 
there is a need to step up efforts to respect the sanctity and ensure 
the safety of places of worship that have in the past been the targets 
of ethnically based violence in Kosovo, Bosnia, Serbia and elsewhere.
  Mr. Speaker, concerted efforts by courageous leaders in the Balkans 
and elsewhere have helped move the region from the edge of the abyss to 
the threshold for a brighter and more prosperous future. I congratulate 
the countries of southeastern Europe on the progress achieved thus far 
and encourage them to make further progress to ensure that all of the 
people of the region benefit.

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