By Alex Tiersky, Global Security and Political-Military Affairs Advisor On April 23, 2017, the OSCE announced that a U.S. paramedic serving in the OSCE Special Monitoring Mission in Ukraine had been killed when his vehicle struck an explosive – likely a landmine – in separatist controlled territory in eastern Ukraine. Two other SMM personnel, from Germany and the Czech Republic, were also injured in the incident. What is the OSCE SMM? The Organization for Security and Cooperation in Europe (OSCE)’s Special Monitoring Mission (SMM) in Ukraine was established in 2014, to monitor implementation of the Minsk agreements designed to bring peace to eastern Ukraine. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia and Ukraine.  Currently fielding roughly 700 monitors, nearly 600 of whom are in Donetsk and Luhansk regions, the SMM is an unarmed, civilian mission that serves as the international community’s eyes and ears in the conflict zone. The Mission has some notable achievements, including regular reporting on the near-constant ceasefire violations, as well as the humanitarian needs of the population struggling in the conflict zone.  It has also sought to bring the sides together on weapons withdrawals and demining, as well as working towards agreements to fix power and water lines in the conflict area. However, Mission personnel face regular and sometimes violent harassment by combined Russian-separatist forces, who seek to limit the SMM’s access to the areas they control.  The attacks have made the environment in which Mission personnel operate increasingly volatile and dangerous, a fact tragically underlined by the incident on April 23.  In addition to this harassment, the SMM has faced limits imposed by the Russian-backed separatists including denial of access to the Ukrainian-Russian border, as well as jamming or downing of the OSCE’s unmanned aerial vehicles, critical tools for maintaining a clear operational picture. What is the U.S. Position? The United States supports the SMM and its monitors by providing personnel (roughly 75 Americans, making it the largest national contributor) and resources to the mission. The U.S. also supports the SMM by pushing Russia to end the separatists’ obstructions.  Since the April 23 incident, the U.S. has reiterated its call for full implementation of the Minsk Agreements, particularly by the Russian-led separatist forces who are most responsible for the threats to the SMM.  The U.S. has pushed for the sides to move towards a real and durable ceasefire, withdrawal of heavy weapons, and disengagement from the line of contact, as well as safe, full, and unfettered access throughout the conflict zone for the SMM monitors. The U.S. Helsinki Commission has consistently upheld Ukrainian sovereignty and territorial integrity, including through support of the efforts of the SMM in Ukraine, and called for full implementation of the Minsk Agreements, in particular underlining Russia’s responsibility in ensuring that the separatists make verifiable and irreversible progress on the implementation of the Minsk agreements. The latest incident must not only be fully investigated; it is a reminder of the urgent need for progress on full implementation of the Minsk Agreements, including a cease-fire and withdrawal of weapons.  

By A. Paul Massaro III, policy advisor, Janice Helwig, Representative of the Helsinki Commission to USOSCE, Orest Deychakiwsky, policy advisor, Alex Tiersky, policy advisor, and Jackson Lines, intern On March 30, 2017, Ambassador David Killion, Chief of Staff of the Helsinki Commission, and Helsinki Commission Policy Advisors Paul Massaro and Everett Price attended the Permanent Council (PC) of the Organization for Security and Cooperation in Europe (OSCE) in Vienna. Helsinki Commission staff members occasionally have the opportunity to attend OSCE events, including PC meetings, which help inform the work of Congress with regard to the OSCE region. What is the Permanent Council? In contrast to OSCE Summit or Ministerial Meetings, which are held annually and provide political direction and standard setting for the OSCE, the Permanent Council is the regular body for political consultations and decisions concerning the day-to-day operational work of the OSCE, and also provides a forum to address current issues. PC Meetings are held once a week at the Ambassadorial level in Vienna, Austria, and usually consist of a report by the head of an OSCE field mission or an invited speaker, and discussion of current issues. Any decisions are taken by consensus.   The PC is generally closed to the public and press, although press may be allowed in for statements by high-level visitors, and academic and other visiting groups are occasionally allowed to observe the proceedings. The Helsinki Commission, joined by the State Department, has long recommended opening the Permanent Council and webcasting it as a way to improve transparency. The United States Mission to the OSCE (USOSCE) regularly posts statements it makes in the PC on its website and shares them on social media. March 30 Meeting The March 30 meeting included a report by Ambassador Michael Scanlan, Head of the OSCE Mission to Moldova, which focused largely on discussions of the future status of Transnistria within Moldova; a discussion of Russian intervention in Eastern Ukraine; and remarks on media freedom in Belarus and religious freedom in Russia. Ambassador Scanlan noted that, due to a lack of elections this year, 2017 is an important opportunity to address the Transnistrian autonomy issue in a meaningful way. Many participants expressed hope that a mid-May conference meant to open dialogue on the issue would make tangible steps towards Transnistrian autonomy. If a framework can be agreed upon, the PC volunteered the OSCE to mediate talks finalizing the deal. The United States, through its Chargé d’Affaires, Kate Byrnes, intervened on each issue. On Moldova, the United States reaffirmed its commitment to working with the 5+2 partners to find a comprehensive conflict settlement that respects the sovereignty and territorial integrity of Moldova and affords a special status for the Transnistrian region. On Ukraine, the United States summarized the appalling continuation of Russia’s ongoing aggression and detailed violations of the ceasefire. The U.S., Ms. Byrnes stated, “affirms its staunch support for Ukraine’s sovereignty, independence, and territorial integrity within its internationally-recognized borders.” While no participant was willing to take responsibility for the escalation of tensions in Ukraine, all delegations remained concerned with the situation and agreed that both sides in the conflict need to abide by the Minsk Agreements if progress towards peace is to continue. The United States also condemned crackdowns on protestors in Russia and Belarus. The United States, EU, and the OSCE Office for Democratic Institutions and Human Rights Director (ODIHR) Michael Link joined together to issue statements reminding Belarus of the need to uphold its obligations to human rights and fundamental freedoms as part of the OSCE. The U.S. and EU delegations also condemned the arrests of protestors in Russia. Both called for the release of those arrested, with a particular focus on Alexei Navalny. Finally, the United States expressed concern about a Russian court case against the Jehovah’s Witnesses that could lead to the disenfranchisement of the group in Russia, violating OSCE commitments to uphold freedom of religion.

By Everett Price, Policy Advisor As the Helsinki Commission’s policy advisor for Armenia, I participated in the election observation mission (EOM) to Armenia organized by the Organization for Security and Cooperation in Europe’s Parliamentary Assembly (OSCE PA) from March 31 to April 3, 2017. On April 2, the Republic of Armenia held its first parliamentary election since approving constitutional amendments in a popular referendum in 2015 that transition the country from a semi-presidential to a parliamentary system. The election was also significant as the first nation-wide vote held under sweeping 2016 revisions to the country’s electoral code that implemented a new process for allocating legislative seats, improved transparency, mandated advanced voter authentication measures, and increased female and minority representation quotas. I was one of a 63-member delegation of parliamentarians and staff deployed by the OSCE PA to serve as short-term observers to the Armenian election. This parliamentary delegation complemented the work of a team of 14 experts, 28 long-term observers, and over 300 short-term observers sent throughout the capital and across the country by the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR). Representatives from the Parliamentary Assembly of the Council of Europe (PACE) and the European Parliament (EP) also participated. The OSCE PA and ODIHR regularly lead EOMs in the OSCE region at the invitation of the host country. (Learn more about OSCE election observation.) In the days before the vote, our OSCE PA observation team received extensive briefings on the election process and current political dynamics from ODIHR experts and from Armenian government officials, political parties, civil society, and media representatives. These briefings focused on allegations of electoral violations, the complexity of the electoral code, the role of international and local observers, and the tenor of the campaign. We heard a “unified message of concern” from civil society representatives.  Citizen activists, journalists, and opposition members told us that the ruling party would abuse its access to administrative resources to get out the vote and that it, and other parties, would engage in voter intimidation and vote buying.  They warned that while new electoral procedures might mitigate concerns about the casting and counting ballots, the ruling party and powerful oligarchs would wield improper influence outside the voting booth, diminishing the fairness of the vote. One political commentator assessed that the difficult economic situation experienced by many voters during this election season would make them especially susceptible to selling their vote. Briefers also discussed the complexity of Armenia’s new electoral code and the extent to which it would address past electoral violations. Significantly, this was Armenia’s first time employing electronic voter identification, multiple ballots, and a partial open list voting system that allows voters to express their preference for specific candidates. The code incorporated many recommendations from Armenian civil society, ODIHR, and other international experts and was generally assessed as a positive step forward. Concerns remained, however, about the complexity of voting procedures, voter registration policy, relatively weak campaign finance transparency provisions, and restrictions on citizen observer participation, among other issues.       Civil society activists specifically raised concerns about the overall number of citizen observers and the rules governing their access to polling stations. Armenia registered over 28,000 citizen observers in a country of less than 3 million people, prompting concerns about overcrowding at polling stations and questions about the origins of the organizations and individuals behind these observation missions. One civil society representative said that only 600 of the citizen observers were from known NGOs and that many of the rest are likely from NGOs established by political parties. Some worried that the large number of citizen observers was meant to suppress the participation of legitimate groups since the electoral code stipulates that a maximum of 15 citizen observers are allowed in a polling station at one time. Ruling party officials, meanwhile, noted that hundreds of citizen observers were foreigners registered under local NGOs. They intimated that these observers could be a vehicle for unwelcome foreign influence. One media representative characterized the content of the campaign as “the most primitive” in recent memory, while another political commentator lamented the “poverty of ideas” and “competition of personalities” on display. Several members of the media and some political party officials regretted that lack of any televised debate among candidates—only three of the nine parties and political coalitions on the ballot were willing to hold such a debate. What’s more, several journalists noted that many parties actively avoided the press and restricted most of their candidates from interacting with the media.    Before dawn on election day, two other observers and I deployed to our first assigned polling station to watch the opening procedures. At a school in downtown Yerevan, I watched as the precinct chairwoman capably organized the precinct committee that worked together to prepare the space and voting materials for the arrival of the day’s first voters. The importance of orderliness at this particular polling station became evident within the hour when presidential security arrived to prepare for Armenian President Serzh Sargsyan to cast his vote there. Despite this exceptional circumstance, in other ways the experience at this polling station typified the voting I observed elsewhere throughout the day. I saw non-credentialed citizens hovering watchfully—and in violation of the electoral code—outside the polling station and engaging voters—likely local party officials keeping tabs on voter participation. Inside the polling place there was some overcrowding, a malfunctioning electronic voter authentication device, and modest voter confusion about the voting procedure, which involved selecting among nine separate ballots and optionally marking a candidate preference on the reverse side. I visited a total of seven polling places that day, stretching from downtown Yerevan to the shores of Lake Sevan and the surrounding hinterland 60km northeast of the capital. In larger precincts I witnessed large contingents of party proxies and citizen observers monitoring the vote. In several instances, citizen observers credentialed under the name of a local NGO turned out to be from foreign countries and were unable to explain to me the mission of their organization, highlighting the opaque origins of some citizen observation efforts. In most precincts I saw a mix of credentialed and non-credentialed individuals from political parties and local NGOs mingling inside and outside the polling station, engaging voters, and generally making their presence felt. Our day ended in Yerevan where we observed the closure procedure at a polling place where about 700 votes had been cast. The precinct chairwoman carefully walked the precinct committee through the process step by step, openly acknowledging to us the difficulty of carrying out the complex procedure for the first time. The tallying took place transparently in front of us and in full view of several local observers and party proxies that stayed late into the night to oversee the count. We had the opportunity, along with our fellow observers, to ask questions of the precinct chairwoman about how she and her team were adjudicating individual ballots and counting votes. Although my observations here are anecdotal, they are consistent with the preliminary findings and conclusions of the international election observation mission that the elections “were well administered and fundamental freedoms were generally respected” although the vote was “tainted by credible information about vote-buying and pressure on civil servants and employees of private companies.” The end result was a vote that suffered from “an overall lack of public confidence and trust.” (Read the full Statement of Preliminary Findings and Conclusions.)        While Armenia’s democracy took some important strides in the procedural conduct of this election, much work remains to be done. With the vote tallying complete, Armenia now embarks on a critical period of transition to a parliamentary system that will be fully realized at the end of the President’s final term in April 2018. All political actors, but particularly the new governing coalition, must shoulder their responsibilities to ensure that this new system of governance earns the trust of the public it serves. To build this trust, Armenia would benefit from a process of political evolution that accompanies its institutional transition and procedural reforms. Specifically, Armenia’s political parties and new parliament would do well to ensure a competition of ideas replaces the all too common clashes of personalities and patronage networks on display during this election.

On March 27 and 28, 2017, thirty-five Romani elected officials and civil society representatives participated in a two-day event held by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) in cooperation with the U.S. Helsinki Commission, as part of the European Union’s “Roma Week.”  The event focused on opportunities to enhance Romani political participation as a means of strengthening the long-term strength and stability of the OSCE region.  As citizens of many OSCE participating States, Roma have long contributed to the prosperity of their countries in numerous ways, ranging from serving in the military to educating the next generation.  However, Roma are often described and perceived in negative terms, leading political leaders and others, to consider Roma a problem rather than a solution. Referring to the political rhetoric that instigated the tragic murders of Roma in 2008 and 2009, Romani-Hungarian researcher and Transatlantic Inclusion Leaders Network alumni Roland Ferkovics stressed, “Political narratives should not only motivate and influence people but should also unite…Political leaders must take Roma as equal partner(s) using narratives [that] focus on similarities instead of differences.” Diverse speakers from across the OSCE region also shared experiences and practices that have been successful in inspiring democratic change. “Standing for elected office and using one’s right to vote is a powerful tool for Roma communities in Europe to counter anti-Roma rhetoric, hate crimes and racism,” said Mee Moua, former President of Asian Americans Advancing Justice (AAJC), who also served as a Minnesota State Senator in the United States. Noting the importance of united communities, Killion Munyama, a member of the Polish Parliament and the Parliamentary Assembly of the Council of Europe, noted the importance of Roma having a seat at the decision-making table:  “Societies benefit from broad and diverse participation representing the voices of all communities in the public and political spheres.” Participants also stressed the urgency in ensuring the success of current Romani legislative initiatives and the importance of ensuring that legislative initiatives aimed at Roma, such as the EU Framework Strategy for Integration, are designed and implemented with the participation of Roma at all levels of government.  Other speakers at the event included MEP Terry Reintke, former MEP Livia Jaroka, and Jamen Gabriela Hrabanova of the European Roma Grassroots Organizations Network. Dr. Mischa Thompson of the Helsinki Commission participated as a facilitator.

Led by Helsinki Commission Chairman Senator Roger F. Wicker (MS), 10 Members of the U.S. Congress joined the OSCE Parliamentary Assembly’s annual Winter Meeting in Vienna, Austria, on February 23 and 24, 2017. Since the founding of the OSCE PA, Members of Congress have actively engaged their Canadian, European, and Central Asian counterparts at Winter Meetings and other OSCE PA events. Such engagement was particularly significant in 2017 in the context of an ongoing terrorist threat in Europe, Russian aggression against Ukraine and other neighboring countries, and the challenges of the massive influx of refugees and migrants into Europe from the Middle East and Africa. The transition to a new Administration in the United States made it more important than ever to reaffirm the commitment of the United States to security and cooperation in the region.  Approximately 250 parliamentarians from 53 participating States took part in the 2017 Winter Meeting, and active participation of the U.S. Delegation – the largest in OSCE PA Winter Meeting history – was warmly welcomed. In addition to Senator Wicker, the U.S. Delegation included Helsinki Commissioners Rep. Alcee L. Hastings (FL-20), Rep. Robert B. Aderholt (AL-04), Rep. Steve Cohen (TN-09), and Rep. Richard Hudson (NC-08), as well as Senator Lamar Alexander (TN), Rep. Eliot L. Engel (NY-16), Rep. Lloyd Doggett (TX-35), Rep. Steve King (IA-04), and Rep. Trent Kelley (MS-01). U.S. Delegation Speaks Out on Security, Religious Freedom, and Human Rights in Times of Crisis The bicameral, bipartisan Delegation was highly visible throughout the meeting. In addition to his role as Head of the U.S. Delegation in 2017, Senator Wicker serves as chairman of the Assembly’s General Committee on Political Affairs and Security (also known as the First Committee), which met during the Winter Meeting. Opening the committee session, Senator Wicker applauded the opportunity the Winter Meeting provides “to dialogue directly with senior officials working within the OSCE” and “to discuss pressing concerns with the Ambassadors representing all of our States on a continuing basis.”  “This dialogue,” he added, “is one way in which we, as representatives of our citizens, help to shape the future of the OSCE…  The role of this Committee remains as important as at any time in the history of our Assembly. Let us now get down to the work of discussing how we will collectively rise to the challenges of our time.” Representative Hudson participated in the First Committee’s debate on confronting terrorism.  Observing that some countries misuse laws regarding extremism and terrorism to persecute an entire religious community, Hudson agreed that “violent extremism and terrorism – including in the name of religion – are real threats that must be countered,” but argued that “religious affiliation itself is never a justification for detention and imprisonment.” As some governments have been accused in recent years of using outside threats and security concerns as justification for the denial of basic human rights to political opponents, “protecting human rights in a time of crisis” was chosen as a relevant and timely topic for the closing plenary debate. At the closing plenary, Representative King noted the magnitude and gravity of the threats Turkey faces today, including ISIS- and extreme Kurdish-sponsored terrorism as well as an attempted military coup.  He added, however, that the response must respect core obligations and should not be broadened into a crackdown on political rivals, independent voices and average citizens. Representative Aderholt, who also serves as one of nine Vice Presidents of the OSCE PA, remarked on contrasting developments in another country facing a crisis: Ukraine. He noted that the threat posed by Russian aggression since 2014 “could easily have led to a deterioration in Ukraine’s human rights situation, as well as increased corruption and societal intolerance,” but that, “to Ukraine’s credit, this has not happened.” He reminded delegates of the difficult and substantial reforms the country has undertaken in recent years and encouraged their implementation. He also detailed the “contrasting deterioration in the human rights of those parts of Ukraine which have been seized by Russia and its separatist proxies.” Beyond the Debates Chairman Wicker also represented the United States in a session which amended the Assembly’s rules of procedure to encourage greater discipline to avoid over-amending draft resolutions at Annual Sessions which take place each summer, and to ensure that those resolutions are placed on the agenda based on the degree of support they get from heads of delegation.  While in Vienna, the U.S. Delegation hosted two additional events to facilitate an exchange of views: one for 15 of the Parliamentary Assembly’s leaders and heads of delegation, including Austrian parliamentarian and current President Christine Muttonen; and a second for senior OSCE officials. Bilateral talks with the delegates from Georgia, Israel, Poland, Romania, and Russia took place on the margins of the meeting. The next gathering of the OSCE Parliamentary Assembly will be its Annual Session, scheduled to take place in Minsk, Belarus, on July 5-9, 2017. About the OSCE PA Winter Meeting The Parliamentary Assembly was formed as the Cold War ended in the early 1990s to allow elected representatives to take a more active role in the multilateral diplomacy of what is today the Organization for Security and Cooperation in Europe (OSCE).   Winter Meetings initiate the Assembly’s work for the coming year and debate current issues. Unlike other Assembly meetings, Winter Meetings always take place in Vienna to facilitate greater interaction between the parliamentarians and both OSCE officials and diplomatic representatives of the 57 OSCE participating States.   

On March 1, 2017, the Organization for Security and Co-operation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) hosted a roundtable discussion in Washington focusing on the active role of civil society organizations in the United States and Europe to combat anti-Semitism and violent hate crime.  “Turning Words Into Action: Addressing Anti-Semitism and Intolerance in the OSCE Region” featured opening remarks by ODIHR Director Michael Link and Senator Ben Cardin, who serves as the OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism, and Intolerance. Helsinki Commission Chairman Senator Roger Wicker offered closing remarks.  Director Link underscored the continuing importance of the OSCE in helping participating States meet their human rights commitments, including through the new OSCE/ODIHR Words Into Action to Address Anti-Semitism project to prevent and respond to anti-Semitism through security, education, and coalition-building initiatives.  “We...assist the participating States, state authorities, parliaments, civil society, [and] media, …concentrating especially...on security, on education and on coalition-building [including] the development of resources to better equip governments and civil society, to address the security needs of Jewish communities.  It includes the development and publication of the practical security guide, an online platform for reporting anti-Semitic hate crimes, hate speech, discrimination and other incidents of intolerance.” Noting the need for immediate action in response to recent threats made against Jewish institutions in the United States over the past month, OSCE PA Special Representative Senator Cardin reiterated the importance of the ODIHR project and collective responsibility of political leaders to act, including by supporting coalitions and youth-led initiatives.  He highlighted the importance of collaboration between local law enforcement, school administrators, and civil society in addressing security needs for Jewish communities citing recent incidents in the state of Maryland.  “Now, it’s not just Maryland.  It’s happening throughout the entire country...This is a problem throughout the OSCE region," he said. Senator Cardin continued, "It’s not limited to anti-Semitism...Nothing would help more to stop these calls about bomb scares or to stop the desecration of cemeteries or what we see at places of worship than [to] get some people prosecuted for these crimes and convicted for these crimes.  Any act of vandalism or violence is wrong.  But when it’s motivated by hate, it should be elevated to a higher level.  And that’s what we’ve done by our hate crime laws, and that’s what we’ve done by our special units in law enforcement.  And we need to support those efforts, put the spotlight on it and let the public know that we won’t tolerate that type of hate activities in our community.” Following the introductory remarks, expert panelists Cristina Finch, Head, Tolerance and Non-Discrimination Department, OSCE/ODIHR, Stacy Burdett, Director of Government Relations, Anti-Defamation League, Mark Weitzman, Director of Government Affairs, Simon Wiesenthal Center, Susan Corke, Director, Antisemitism and Extremism, Human Rights First, moderated by  Dr. Mischa Thompson of the U.S. Helsinki Commission, explored current challenges and recent initiatives in addressing anti-Semitism and increased prejudice and discrimination in the 57 participating States of the OSCE. Roundtable participants focused on the need for increased efforts to address the surge in anti-Semitic incidents in the U.S. and Europe, and ways to strengthen relationships between the Jewish community, law enforcement and other actors to address continuing prejudices and violence.  Additionally, they provided concrete recommendations for next steps for the OSCE/ODIHR and Members of Congress.    The event closed with remarks from Chairman Wicker, who emphasized the importance civil society and leadership to address the problem, noting, “It has to be encouraging that the president would mention Black History Month and anti-Semitism... in the first 60 seconds of his speech [before the Joint Session of Congress and] something that the international community would take notice of.”