HELSINKI COMMISSION REPORT
Dateline: Thursday, October 07, 1999
Subject: OSCE Review Conference in Vienna
9/27/99Helsinki Commission (US) statement on property restitution:
The OSCE Review Conference in Vienna, Austria just ended. The following statement was delivered on behalf of the U.S. Delegation under the agenda item on "Treatment of Citizens of Other Participating States." U.S. Statement on the Treatment of Citizens of Other Participating States: Property Restitution by Maureen Walsh, Advisor United States Commission on Security and Cooperation in Europe September 27, 1999.
With the demise of communism, some countries courageously adopted policies aimed at remedying injustices committed by previous regimes. The United States encouraged and praised efforts to either return or compensate individuals for nationalized or confiscated private property that fascist and communist regimes plundered from the people of Central and Eastern Europe. Regrettably, in some countries these otherwise welcome gestures of reconciliation were marred by the adoption of discriminatory laws - specifically, by laws that required property claimants to have residency in, or citizenship of, the country where they claimed property was located. Property owners who were citizens or residents of a country when their property was taken by the communists or Nazis were excluded from seeking restitution or compensation under the laws enacted by democratically elected legislatures because they had moved abroad or had become naturalized citizens of another country.
The United States is pleased at the positive developments toward rectifying this injustice. Last October, Slovenia's constitutional court annulled an amendment to the restitution law that would have created differential treatment for Slovenes and non-Slovenes. We now look to Slovenia to demonstrate concrete progress on restitution. In April, Croatia's constitutional court declared that the citizenship requirement in the Croatian restitution law is unconstitutional. We hope that the Sabor will act soon to amend the restitution law to bring it into accord with the Court ruling.
Lastly, in July, the Polish Council of Ministers approved a draft law on restitution that would not condition a property owner's claim on his or her present citizenship or residence. The enactment of non-discriminatory laws, however, is merely the first step in the process of providing some long-deserved justice. In addition, the appropriate authorities must implement these laws so that the claims are heard in a timely fashion.
On the other hand, laws in Lithuania, Slovakia, and the Czech Republiccontinue to limit restitution or compensation for confiscated properties to people who are currently their citizens. Romania is even now considering a new restitution law that in some cases would also distinguish between the rights of citizens and non-citizens to receive restitution or compensation. When the Lithuanian law was adopted in 1991 it allowed for the restitution of private property only to Lithuanian citizens. The deadline for filing claims has passed. Some Lithuanian-Americans reclaimed their former citizenship and pursued claims, but former citizens who chose not to acquire dual citizenship were not given this chance. In addition, not even all people who acquired dual citizenship were able to receive restitution or compensation because of a requirement that they must also be residents of Lithuania in order to qualify for the restitution. The permanent residence requirement was eliminated in 1997, but property that was privatized in the meantime has not been returned to the dual-citizen owners.
The citizenship requirement in the Czech Republic's law discriminates against individuals who lost their Czech citizenship when they chose the United States as their refuge from communism. Although both the U.S. and the Czechs agreed in 1997 to abrogate the 1928 treaty which precluded dual citizenship, until last month, Czech-Americans were denied dual citizenship in the Czech Republic. Since the final deadline for restitution under Czech law elapsed in 1995, Czech-Americans were completely excluded from even applying for restitution or compensation because of the citizenship requirement. We now look to the Czech Government to take the next step of reopening the property restitution process to accommodate those individuals' claims.
Some of the people who are today foreign citizens reclaiming homes, lands and businesses in the Czech Republic, Lithuania, and Slovakia were once citizens of those countries. Their properties were stolen when they fled political persecution and other human rights abuses. These victims by necessity sought residence and citizenship in other countries. Excluding them from remedies to injustices committed by previous regimes would continue an injustice for these individuals and inflict a new harm upon them.
The restitution of property is part of a larger process of obtaining a measure of justice for the victims of Europe's major human disasters of the 20th Century - fascism and communism. The United States calls on Lithuania, Slovakia, and the Czech Republic to eliminate restrictions in their property restitution and compensation laws that have the effect of discriminating against citizens of other participating States and immediately extend the deadlines for filing property claims so that the claims of those who were unjustly excluded can be accommodated. Justice for these individuals is long overdue. Having had justice delayed for so long, they are entitled to expect that democratic governments will move promptly to bring closure during their lifetimes.
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