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E.U. Tries Gentle Diplomacy to Counter Hungary’s Crackdown on DemocracyTuesday, March 31, 2020
European leaders were reluctant to pick a fight with Prime Minister Viktor Orban a day after he secured powers to rule by decree indefinitely. BRUSSELS — The European Union’s written response to Hungary’s effective suspension of democracy omitted one important word: Hungary. A day after the Hungarian Parliament passed sweeping emergency measures allowing the far-right populist leader Viktor Orban to rule by decree indefinitely, ostensibly as part of the country’s response to the coronavirus, the European Commission on Tuesday reminded its members to respect rights. But it was a muted first response from the one institution that can take on Mr. Orban, and it appeared aimed at balancing the political imperative of cooperation in the era of the coronavirus with the risk of emboldening him. “It’s of utmost importance that emergency measures are not at the expense of our fundamental principles and values,” Ursula von der Leyen, the president of the European Commission, said in a statement that made no mention of Mr. Orban or Hungary. The European Commission is the European Union’s executive branch, and it often describes itself as “the guardian of the treaty” that created the bloc of 27 democracies. But Mr. Orban has long been in an open struggle with parts of that treaty. He has said frankly that he does not believe in liberal democracy — which the European Commission says is fundamental to the European Union’s values. The severe measures adopted Monday in Budapest may dramatically ratchet up the confrontation between the Orban government and European Union institutions in Brussels. Hungary’s new legislation suspends elections and also allows the prime minister to suspend existing laws and rule by decree. One vaguely worded section also says that people found to be spreading “falsehoods” or “distorted truths” that obstruct the authorities from protecting the public may be punished with prison sentences of up to five years. That new tool that may allow Mr. Orban to further curb the press freedoms long in his cross hairs. To be sure, in the face of the epidemic, European countries have all to lesser or greater extent adopted emergency measures curbing liberties, including measures that require citizens to register any movement and observe curfews. But Hungary’s new rules are the most far reaching. And rights experts, political analysts and academics say that, given Mr. Orban’s track record and espousal of “illiberal democracy,” the measures he says he is taking to fight the virus could become fixtures in Hungarian public life, used to crack down on opposition well after the threat of the virus passes. European Union officials believe that the statement issued Tuesday, which came from Ms. von der Leyen personally, sent a clear message to Mr. Orban — even without naming him. European Commission lawyers are now closely watching how he enforces Hungary’s new measures, the officials said. But they said that now — as Europe battles to stem the spread of the virus and mitigate its catastrophic economic damage, and with many nations suspending some liberties — was not the moment to pick a fight with just one member. That measured approach surprised some observers, despite the fact that the commission often takes a conciliatory stance toward wayward members in a bid to entice them to reform voluntarily. (That has never worked with Hungary.) “It is bizarre,” Daniel Freund, a member of the European Parliament who belongs to the German Greens political party, said of Ms. von der Leyen’s statement. “The decision that the Hungarian Parliament took yesterday is a watershed moment,” Mr. Freund said. “Now you have to do something, or we really lose democracies.” Mr. Freund and other members of the European Parliament believe that even before the European Commission opens a formal investigation into Hungary’s new law, which would take months, it should use existing rules to put pressure on Mr. Orban. “If we end up after the crisis with a virus well fought but democracy lost in several member states, that’s an unacceptable situation,” Mr. Freund said. Daniel Kelemen, a professor European Union politics and law at Rutgers University, said the epidemic could prove an opportunity for the Hungarian leader. “Throughout his consolidation of power, Orban has counted on the European Union to be distracted with other crises,” he said. “But now,” Mr. Kelemen said, “the scale of this crisis does call for consolidation of power for the executive, so it gives him more effective cover for this next stage of escalation.” Mr. Orban’s hold on power was unparalleled by European Union standards well before Monday’s vote authorizing him to rule by decree. In practical terms, Mr. Orban and his allies already controlled the legislative and executives branches of government, and had stacked the Constitutional Court. With Mr. Orban’s parliamentary opposition unable to slow his political machine, the European Union has shown itself to be the only entity capable of curbing his power, but the results have been mixed. Lengthy and cumbersome European Union legal proceedings could not stop Mr. Orban and his allies from taking over the Hungarian media landscape, weakening the independence of the judiciary, levying a special tax on nongovernmental organizations receiving foreign funding, or ejecting the Central European University from the country. In the end it may be Mr. Orban’s love for European financial aid, not freedoms, that acts as a brake on his government. “Aware that the European Union is watching, Orban is likely to tread modestly at first,” said Mujtaba Rahman, the head of Europe at Eurasia Group consultancy. “He will not wish to put at risk the €5.6 billion windfall granted to Hungary by the European Parliament last week as its portion in the union’s efforts to battle the coronavirus." President Trump has warmly embraced Mr. Orban. Mr. Trump’s ambassador in Hungary has spoken glowingly about Mr. Orban’s grip on power and said that Mr. Trump would love to have the powers of his Hungarian counterpart. But Mr. Orban’s autocratic tendencies have long alarmed others in Washington, particularly lawmakers who serve on the Commission on Security and Cooperation in Europe, known as the Helsinki Commission. A congressional delegation visited Hungary last year to investigate democratic backsliding.
Representative Millicent FenwickThursday, March 26, 2020
By Annie Lentz, Max Kampelman Fellow On August 1, 1975, after years of negotiation and debate, the leaders of 35 nations gathered in Helsinki, Finland to sign the Helsinki Final Act, also known as the Helsinki Accords. The Helsinki Final Act—the founding document of today’s OSCE—is not a treaty, but rather an international agreement outlining 10 guiding principles for inter-state relations, among them respect for human rights and fundamental freedoms. The Helsinki Final Act marked the first time that the Soviet Union had signed a transnational agreement that included language on protecting human rights. With the passage of the act came a wave of hope that renewed value would be placed on human rights and freedom in the signatory countries. However, U.S. public opinion was not behind the Helsinki Final Act. Public understanding of the document was mired in misperceptions, and the agreement remained controversial even after it was signed by President Gerald Ford. While the Helsinki Final Act was eventually met with hard-won respect in the U.S.—including that of Secretary of State Henry Kissinger, who was originally skeptical of its utility—not all signatory countries adhered. The biggest transgressor was the Soviet Union, which jailed its citizens, restricted them from leaving the country, and limited their freedoms, all in direct violation of the Helsinki Final Act. Some in Congress began looking for ways to hold the Soviet Union accountable for its actions. The Commission on Security and Cooperation in Europe (also known as the Helsinki Commission)—the brainchild of the courageous and tenacious Rep. Millicent Fenwick—was the result. Rep. Millicent Fenwick Millicent Fenwick was born in New York City on February 25, 1910. Raised in New Jersey, she became involved with politics in the 1950s through the civil rights movement. Finding her footing in New Jersey politics, Fenwick ran and won a seat in the New Jersey Assembly, ultimately becoming elected to Congress as a representative for New Jersey in 1974. She was 64 years old. Appalled by the Russian neglect of the Helsinki Final Act and the theft of freedom from its citizens, the newly elected Rep. Fenwick projected a resounding voice on the topic of human rights advocacy and accordance to the Helsinki Final Act. Rep. Fenwick’s activism was prompted by a 1975 visit to Russia, one week after the Helsinki Final Act was signed. As noted in Amy Shapiro’s book, Millicent Fenwick: Her Way, the visit brought on a revelation. “You read about an automobile accident and you’re shocked,” Rep. Fenwick said. “But you come upon that accident and see the blood on the victims and hear their cries – how different it is. Well, that’s what it was like to go to Russia and hear the cries of all these desperate people.” Specifically, Rep. Fenwick empathized with the case of Lelia Ruitburd, whose husband and son were arrested by the police at the Yalta Airport for conspiring to emigrate. While Ruitburd’s son was eventually released, her husband disappeared forever. Ruitburd lived the remainder of her life worried, anxious, and utterly alone, all because her family had hoped for a better life outside of the Iron Curtain. Witnessing such devastation first-hand, Rep. Fenwick leapt into action, becoming one of the two primary advocates for the creation of a U.S. body to observe and promote compliance with the human rights provisions of the Helsinki Final Act, alongside Sen. Clifford Case, also of New Jersey. Establishment of the Helsinki Commission Rep. Millicent Fenwick, President Gerald Ford, and Senator Clifford Case at the signing of Public Law 94-304. Rep. Fenwick’s advocacy manifested in Public Law 94-304 of June 3, 1976, the legislation that created the Helsinki Commission. Her partnership with Senator Case was instrumental in passing the law. The new law authorized the Helsinki Commission “to monitor the acts of the signatories which reflect compliance with or violation of the articles of the Final Act…with particular regard to the provisions relating to human rights and Cooperation in Humanitarian Fields.” This mandate extended to other areas covered by the Helsinki Final Act, including economic cooperation and the exchange of people and ideas between participating States. The primary goals of the commission were to strengthen the legitimacy of human rights monitoring; to defend those persecuted for acting on their rights and freedoms; to ensure that violations of Helsinki provisions were given full consideration in U.S. foreign policy; and to gain international acceptance of human rights violations as a legitimate subject for one country to raise with another. Backlash for Oversight Within the U.S. the establishment of the Commission was controversial. Public Law 94-304 was signed against the advice of senior foreign policy advisors, including Secretary of State Kissinger. As noted in Shapiro’s book, Kissinger “preferred bilateral negotiations between Washington and Moscow rather than dealing with another thirty-plus nations assembled at the table,” and was equally skeptical of the value of the Helsinki Commission. When questioned whether the establishment of the Helsinki Commission was provocative, Fenwick maintained it was not. In an interview with Meet the Press in 1977, Fenwick argued, “It is not our actions that are probing this sensitive thing. It is the fact that the government of the Soviet Union signed something saying to its citizens that they have the right to travel, that they have the right to reunification of families, that they have the right to information.” Fenwick continued, “We must abide by the condition that the international organizations are living by.” After its establishment, Rep. Fenwick became an original member of the Helsinki Commission and served as a commissioner until she retired from Congress. Her time in the House of Representatives continued to be impactful and courageous. She was lauded by the press for her diligence and ethics, classified by Walter Cronkite as “the conscience of Congress.” She remained a strong opponent of corruption and a driving advocate for human and civil rights throughout her tenure. Rep. Fenwick set the tone for the continued commitment of the U.S. Congress to the Helsinki Final Act and established a base from which human rights could be prioritized in U.S. policy that is still in use today.
Reflecting on ChechnyaFriday, March 13, 2020
By Mia Speier, Max Kampelman Fellow On December 11, 1994, Russian forces advanced into Chechnya, a republic in the North Caucasus near Georgia and Azerbaijan, to stop an attempt at secession. A Chechen separatist movement started to gain momentum following the collapse of the Soviet Union and the Russians refused to allow any chance at separation. This marked the start of the First Chechen War, a conflict that erupted after decades of hostilities between the former Soviet government and the Chechen forces. The war dragged on for nearly two years, destroying the capital city of Grozny and killing tens of thousands of people—mostly civilians. The conflict, which started as an internal national movement, was complicated by flows of foreign money and foreign fighters. Militant Islamists joined the fight against Russia during the latter half of the war as part of a declared global jihad. Officials in Russia feared a repetition of the violence that occurred during the Soviet war in Afghanistan nearly a decade prior. Though Russia withdrew from Chechnya for a short time after the first war, the Second Chechen War broke out in 1999. This second war began after Putin blamed Chechen secessionists for bombings that killed Russian civilians, although there was no evidence of Chechen involvement in the bombings. Russian forces were sent into the republic again, and the Russian government succeeded in putting Chechnya under its control. Since then, the region has been a republic of Russia and is governed by Putin-appointed president Ramzan Kadyrov. Amid the conflict, however, the international community took steps to confront Russian aggression and violence in the region. On March 13, 1997, the U.S. Helsinki Commission convened a hearing called “The Future of Chechnya,” to discuss the efforts of Chechen citizens to free themselves from Russia’s painful yoke and fight back against Moscow’s defiance of international principles and the rule of law. The Helsinki Commission hearing focused on the 1994 Organization for Security and Cooperation Budapest Document that requires all participating States, including Russia, to ensure that their armed forces are commanded in a way that is consistent with international law. At the time of the hearing, an estimated 30,000 to 80,000 people had died in the territory, and tens of thousands of citizens had been displaced. The violence against and displacement of citizens in Chechnya was a clear violation of the Budapest Document. Then-Chairman Rep. Alfonse M. D’Amato chaired the hearing and noted that though many people were paying attention to the ongoing conflict in Bosnia at the time, it was important to also pay attention to the conflict in Chechnya and, more specifically, to think about the role of the OSCE in the region. “The world watched, horrified, as the Russian military used massive firepower against the Chechen guerrillas,” D’Amato said. “While the international community recognizes the principles of territorial integrity, there can be no doubt that in its effort to keep the Chechens in the Russian Federation, the Russian Government violated recognized international principles.” Since 1997, the Helsinki Commission has held several other public events related to human rights abuses, arbitrary arrests, abductions, and disappearances and the plight of Chechen refugees. In 2003, the commission penned a letter to then-Secretary of State Colin Powell urging the U.S. delegation at the United Nations Commission on Human Rights in Geneva to express concern over reported rights violations in Chechnya. Though it has been nearly 30 years since the First Chechen War, the situation in Chechnya remains bleak. In 2017, Congress passed a bipartisan resolution condemning widespread anti-LGBT persecution and violence in Chechnya after it was revealed that state law enforcement officials beat, imprisoned, and murdered hundreds of men perceived to be gay or bisexual. In June 2018, then-Chairman (and current Co-Chairman) Sen. Roger Wicker and Sen. Benjamin Cardin penned a letter to Secretary of State Mike Pompeo urging the United State to invoke the OSCE’s Moscow Mechanism in response to escalating human rights abuses in Chechnya. The Moscow Mechanism allows for the establishment of a short-term fact-finding mission to address a specific human rights concern in the OSCE region. In November 2018, the 16 of the 57 OSCE participating States invoked the Moscow Mechanism to investigate the alleged disappearances, killings, and torture taking place in Chechnya—all of which were concerns raised at a Helsinki Commission hearing just months prior. Though Russia failed to cooperate with the fact-finding mission, the resulting report concluded that the evidence clearly confirmed the allegations of very serious human rights violations and abuses in the Chechen Republic of the Russian Federation. Today, multiple reports of journalists and bloggers in Chechnya being beaten or murdered calls for even more concern for individual freedom and civil liberties in the region. In early February, Yelena Milashina, a prominent Russian journalist and lawyer who exposed the cruelty against gay Chechen men, was beaten in Grozny. Imran Aliev, an outspoken Chechen blogger who criticized President Ramzan Kadyrov, was found murdered in France earlier this year. Aliev’s death is one of many deaths and disappearances in recent years of Chechen dissidents throughout Europe, sparking heightened fears of Chechen death squads hunting down those seeking asylum outside of the republic.
Chairman Hastings Introduces LITE Act to Strengthen Ties with U.S. Allies, Support Visionary Leadership on Both Sides of the AtlanticFriday, March 13, 2020
WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) yesterday introduced the Leadership Institute for Transatlantic Engagement (LITE) Act (H.R.6239) to strengthen ties with U.S. allies, protect democratic institutions, and support visionary leadership on both sides of the Atlantic. “Numerous challenges are putting western democracies and the transatlantic partnership at risk, including disparities in wealth, health, employment, education, and justice that lead citizens to question whether democracy can deliver on its promise of freedom and opportunity for all,” said Chairman Hastings. “We must find new and better ways to help democratic leaders ensure that laws are equitable, transparent, and enforced; elections are free and fair; and the same protections, rights, and laws are extended to all in their constituencies.” LITE would further codify transatlantic leadership exchanges and knowledge-building activities to equip western policymakers with legislative, communications, conflict resolution, and other leadership tools to strengthen democratic institutions in their societies as well as the transatlantic relationship. Recognizing the rapid and ongoing demographic change on both sides of the Atlantic, LITE focuses on inclusive and intergenerational solutions to current challenges and would empower individuals across generations and from diverse backgrounds with the knowledge, tools, opportunity, and access to fully participate in their democracies. In addition, LITE would assist in community reunification by helping leaders develop strategies to build resilience against the exploitation of community grievances that can lead to dangerous divisions in society. For more than a decade, the Helsinki Commission has convened U.S. and European policymakers with the State Department and other partners under the banner of the Transatlantic Minority Political Leadership Conference and Transatlantic Inclusion Leaders Network to support increased political representation in western democracies. In 2019, Helsinki Commission held hearings featuring European lawmakers, and focusing on global leadership, democracy, and public diplomacy. In February 2020, the Helsinki Commission hosted more than 30 young legislators from OSCE participating States and partner countries to discuss the role of young people in peace and security efforts and forge a transatlantic network for political action to address emerging human rights and security challenges.
Chairman Hastings Introduces Bill to Promote Diversity and Inclusion in the Federal WorkforceFriday, March 13, 2020
WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) yesterday introduced H.R.6240, a bill to establish a government-wide diversity and inclusion plan to ensure fair access and opportunity to federal jobs for all Americans. “Estimates indicate that by 2050, more than half of the U.S. workforce will be made up of Americans from diverse populations,” said Chairman Hastings. “Effectively governing our nation will require that we fill federal jobs—whether they are in the military, intelligence, foreign service, health, or education sectors—with an equally diverse federal workforce who can meet the needs of our country.” The bill would require the development of a government-wide diversity and inclusion plan to ensure that all branches of the federal government are engaged in multi-year strategic planning to recruit, hire, promote, retain, and support workers representing America’s diverse talent pool. It also calls for a review of diversity in government contracting and grant-making. “Diversity and inclusion are the underpinnings of democratic societies,” said Chairman Hastings. “It is time to ensure that those from all segments of our society have an equal opportunity to contribute to the future of our nation as part of the vibrant workforce that is at the heart of our democracy.” The introduction of the bill follows the February 2020 GAO report highlighting problems in the State Department and legislative initiatives to increase diversity in the national security workforce. Advancing societies that are safe, inclusive, and equitable is central to the work of the Helsinki Commission. The commission supports programs to address inequities in employment, political participation, and other sectors for women and minorities and strives to empower communities to unite against bias and discrimination to foster truly democratic, inclusive, and free societies.
Helsinki Commission Leaders Commend Political Compromise in GeorgiaFriday, March 13, 2020
WASHINGTON—After a March 8 announcement that Georgia’s political leadership reached a deal paving the way for the adoption of compromise electoral reforms ahead of the October 2020 parliamentary election, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) released the following statements: “Debate and compromise, two hallmarks of democracy, have rebuilt hope that Georgia’s leaders can bridge divisions and meet the demands of the people for accountability in electoral processes and outcomes,” Chairman Hastings said. “Having led an international election observation mission to Georgia, I commend the hard work it took to reach this agreement and the role of international ambassadors, particularly U.S. Ambassador Kelly Degnan, in facilitating it. As the agreement’s implementation proceeds, I hope to see prioritization of the parties’ joint commitment to address perceptions of politically-motivated criminal charges in recent months.” During the January 2008 presidential election in Georgia, Chairman Hastings served as head of the OSCE PA election observation mission and was appointed by the OSCE Chairman-in-Office as the Special Coordinator leading all OSCE short-term observers. “As a longtime champion of the United States’ strategic partnership with Georgia, I am glad to see Georgia’s political leaders take the path of dialogue to resolve this months-long crisis,” said Co-Chairman Wicker. “The coming months should serve as an opportunity for the Georgian people to regain confidence in the ability of their democratic institutions to represent their voices and render independent justice.” In December 2019, Co-Chairman Wicker sent a letter to Georgian Prime Minister Giorgi Gakharia urging the ruling Georgian Dream party to address growing public discontent with preparations for the 2020 national election and a string of decisions that undermined public confidence in the rule of law. Since November, Georgia has been embroiled in a political crisis sparked by the surprise defeat in parliament of constitutional amendments that would have transitioned the country to a fully proportional electoral system for 2020 parliamentary elections. In response to a political crisis last summer, Georgian Dream Party Chairman Bidzina Ivanishvili pledged his party would pass the amendments, which enjoyed broad support from Georgian political factions and international democracy advocates. Despite this pledge, a group of Georgian Dream parliamentarians voted last month to scuttle the proposal, prompting angry reactions across the Georgian political spectrum. This political controversy coincided with criminal prosecutions against several prominent opposition figures that created the appearance of selective enforcement of the law. Georgian Dream parliamentarians also disregarded an opposition boycott last week to approve 14 justices to lifetime appointments on the Supreme Court despite serious questions about some of their legal qualifications.
MoldovaTuesday, March 10, 2020
Presidential elections in Moldova are quickly approaching. However, the country’s self-proclaimed “technocratic” government has yet to demonstrate a departure from the country’s post-Soviet history of grand kleptocracy and political strife. Moldovans have demanded greater access to the global economy through European integration, yet some political leaders are pivoting East with substantial security implications for the enduring frozen conflict in the breakaway territory of Transnistria. To this day, Moldovans demand accountability for the more than $1 billion siphoned from Moldova’s biggest banks between 2012 and 2014. However, key former political leaders implicated in this and other crimes are alleged to have escaped international sanctions, notably, ousted oligarch Vladimir Plahotniuc, who is allegedly at large in the United States. The U.S. Helsinki Commission convened the hearing to explore the societal fissures, security implications, and governance challenges at stake in the Republic of Moldova. Commission Chairman Rep. Alcee L. Hastings (FL-20) chaired the hearing and was joined by Commissioner Rep. Robert Aderholt (AL-04) and Rep. Sheila Jackson Lee (TX-18), a member of the U.S. delegation to the OSCE Parliamentary Assembly. Chairman Hastings’ opening remarks addressed the existing conditions in Moldova under pro-Russian president Igor Dodon and affirmed U.S. support for stability and democracy in Moldova. “We hope to see Moldova reach its potential as a European nation of prosperity and the rule of law, rather than just another post-Soviet country under the thumb of Moscow,” he stated. The hearing exposed Moldova’s existing struggles with corruption and Russian influence and highlighted opportunities for the United States to support Moldova’s democratic aspirations. Ambassador William H. Hill, Global Fellow at the Woodrow Wilson Center for International Studies and former Head of the OSCE Mission to Moldova, emphasized continuing problems of corruption in Moldovan institutions, security issues regarding Russia and Transdniestria, and the role of the U.S. and the EU in supporting Moldova. Although he explained that Moldova has “strayed into a familiar pattern of cronyism, political reprisals, and geopolitical posturing,” Ambassador Hill expressed hope for progress. Tatyana Margolin, Regional Director of the Eurasia Program at Open Society Foundations, highlighted the resilience of Moldova’s civil society and the lack of public trust in the government. She also called for free and fair elections, for criminal justice reform, and on the U.S. to find Plahotniuc and bring him to justice. Valeriu Pașa, Program Manager at WatchDog.MD, testified to the problems of corruption and the absence of justice in Dodon’s administration. “Judges, prosecutors, as well as other officials are easily drawn into supporting illegalities,” leading the government to be highly incompetent, he explained. Pașa voiced his support existing U.S. sanctions under the Magnitsky Act and asked that the U.S. impose tougher sanctions on corrupt low-profile Moldovan officials.
Moldovan Governance and Accountability to be Discussed at Helsinki Commission HearingThursday, March 05, 2020
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: MOLDOVA Access and Accountability Tuesday, March 10, 2020 12:30 p.m. Rayburn House Office Building Room 2200 Live Webcast: www.youtube.com/HelsinkiCommission Presidential elections in Moldova are quickly approaching. However, the country’s self-proclaimed “technocratic” government has yet to demonstrate a departure from the country’s post-Soviet history of grand kleptocracy and political strife. Moldovans have demanded greater access to the global economy through European integration, yet some political leaders are pivoting East with substantial security implications for the enduring frozen conflict in the breakaway territory of Transnistria. To this day, Moldovans demand accountability for the more than $1 billion siphoned from Moldova’s biggest banks between 2012 and 2014. However, key former political leaders implicated in this and other crimes are alleged to have escaped international sanctions. Witnesses at the hearing will explore the societal fissures, security implications, and governance challenges at stake in the Republic of Moldova. Can a country marred by deep corruption reverse its trajectory, and is there even any will to do so in this government? What role will civil society play in Moldova’s reconstruction? Will Socialist president Igor Dodon prioritize relations with Russia over the West, or manage to navigate between the two? This hearing will explore these questions and more. The following witnesses are scheduled to participate: Ambassador William H. Hill, Global Fellow, Woodrow Wilson Center for International Studies & former Head of the OSCE Mission to Moldova Tatyana Margolin, Regional Director – Eurasia Program, Open Society Foundations Valeriu Pașa, Program Manager, WatchDog.MD
Helsinki Commission Chairman Condemns Russian-backed Syrian Government Offensive in IdlibWednesday, March 04, 2020
WASHINGTON—In response to mounting casualties from clashes between Turkish and Russian-backed Syrian forces in northwestern Syria and the Turkish government’s decision to open its borders to refugee flows toward mainland Europe, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “A vicious Russian and Syrian government offensive in Idlib province is responsible for the unacceptable military escalation, civilian suffering, and displacement crisis we have witnessed in recent days and weeks,” said Chairman Hastings. “Presidents Putin and Assad must stop this assault immediately and comply with international humanitarian law requiring them to protect civilians and civilian infrastructure. I further urge the Trump administration to deploy appropriate resources to address these pressing security and humanitarian challenges, which will undoubtedly impact the OSCE region. We must sustainably meet the needs of the most vulnerable and the countless refugees resulting from Russian and Syrian aggression.” On February 27, Russian-backed Syrian forces killed at least 33 Turkish soldiers in the northwestern Idlib province of Syria. Following this incident, the Turkish government announced the opening of Turkey’s borders for refugees and migrants to go westward to European Union member countries, despite the March 2016 EU-Turkey agreement “to end the irregular migration from Turkey to the EU.” That agreement is founded on the multi-billion euro EU Facility for Refugees in Turkey established in 2015. According to the United Nations High Commission for Refugees in a March 2 statement, the daily rate of refugees and asylum-seekers arriving in Greece from Turkey has increased in March. Since early December, fighting in northwestern Syria has displaced more than 948,000 people, including 569,000 children and 195,000 women, according to the United Nations Office for the Coordination of Humanitarian Affairs. Turkey hosts more than 3.5 million Syrian refugees. Along with the United States, Tukey is a NATO ally. The United States, Russian Federation and Turkey, are participating States of the Organization for Security and Cooperation in Europe (OSCE).
Restrictions on Civil Society in HungaryFriday, February 28, 2020
Since returning to power in 2010, Viktor Orban has systematically dismantled a system of checks and balances, facilitating the consolidation of control by the Fidesz government, which is now in its fourth (third consecutive) term. This has included introducing significant changes to the legal framework for parliamentary elections; stripping hundreds of faiths of their state recognition in 2011 and then channeling money to religious groups that do not challenge government positions (increasing dependence of those groups on the state); overseeing the consolidation of most Hungarian media, first into the hands of government-tied oligarchy and then into a single foundation exempt from anti-trust regulation; and eroding judicial independence by, for example, expanding and packing the constitutional court. In light of restrictions imposed on political opposition, faith organizations, the media and the judiciary, the role of Hungarian civil society in holding the government to account (by, for example, suing the government for non-compliance with the Hungarian constitution or Hungary’s international legal commitments) has taken on heightened importance. At the same time, civil society organizations have become the targets of escalating rhetorical attacks and legislative restrictions, including laws that significantly lower the bar for what it takes to jail people who seek to exercise their freedoms of speech, assembly, and association. Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law and Daniela Ondraskova, Max Kampelman Fellow
Chairman Hastings on Anniversaries of Sumgait Pogrom and Khojaly MassacreThursday, February 27, 2020
WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) yesterday issued a floor statement on the anniversaries of the Sumgait Pogrom and the Khojaly Massacre, two pivotal tragedies in the in the decades-long conflict between Armenia and Azerbaijan over the territory of Nagorno Karabakh. The statement reads in part: “Although separated by four years and 200 miles, the Sumgait Pogrom in 1988 and Khojaly Massacre in 1992 both demonstrated the heinous potential of interethnic hatreds to tear apart communities and trample human dignity. The commemoration of these horrific events is an opportunity to reflect on the innocent lives lost in this ongoing conflict as well as a chance to affirm the need for urgent steps to heal these wounds and sue for peace once and for all… “I strongly encourage the political leadership in Yerevan and Baku to use these solemn commemorations of Sumgait and Khojaly this week to turn a new page in this terrible conflict. The most fitting way to honor the lives of those lost would be through words of reconciliation and steps toward peace. Together, the peoples of Armenia and Azerbaijan can ensure such atrocities are never be repeated and that future generations will know a life of secure and prosperous coexistence.” Download the full statement.
Chairman Hastings, Co-Chairman Wicker Commemorate Fifth Anniversary of Nemtsov MurderThursday, February 27, 2020
WASHINGTON—On the five-year anniversary of the murder of Russian opposition politician Boris Nemtsov, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statements: “We must never forget the ultimate price Boris Nemtsov paid for seeking true democracy and political justice for the Russian people,” said Chairman Hastings. “Five years ago today, Russia lost one of its most fervent advocates, targeted for his activism and speaking truth to power. Justice still has not been served in his case. I regret that Russian authorities clearly have chosen politics over finding and prosecuting those responsible for orchestrating Nemtsov’s death. International voices must keep Boris Nemtsov’s memory alive until—and after—we receive answers.” “The anniversary of Boris Nemtsov’s assassination is a reminder of the repression in Vladimir Putin’s Russia,” said Co-Chairman Wicker. “Nemtsov knew well the dangers he faced as a critic of Putin and as an advocate for real democracy and freedom for the people of Russia. He was gunned down in the middle of Moscow five years ago today, and still the Russian government has refused to conduct a thorough investigation into who ordered his murder. There is no doubt that Nemtsov’s death was a meticulously plotted political hit, and I hope that one day Nemtsov’s family, friends, and fellow Russian citizens will see justice delivered in his case. Until then, we honor his memory and salute those brave individuals who carry on his legacy.” On February 27, 2015, former Deputy Prime Minister and Russian opposition leader Boris Nemtsov was shot and killed on the Bolshoi Moskvoretsky Bridge directly in front of the Kremlin in Moscow, Russia. Although various people have been arrested in connection with Nemtsov’s death, Russian authorities have failed to truly investigate who ordered and organized the murder. A recent report authored by OSCE Parliamentary Assembly Special Rapporteur Margareta Cederfelt of Sweden is the most conclusive study of the case to this date; however, the Government of Russia did not cooperate with her requests for information. In 2018, the Helsinki Commission held a hearing to help to shed light on the circumstances of Nemtsov’s murder, the most high-profile political assassination in modern Russia.
Congressional Delegation Led by Chairman Hastings Champions U.S. Leadership in Transatlantic Security, Human RightsTuesday, February 25, 2020
WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) last week led a bicameral, bipartisan congressional delegation to the OSCE Parliamentary Assembly’s (OSCE PA) 19th Winter Meeting in Vienna, Austria. At the meeting, Chairman Hastings and other members of the delegation engaged with OSCE officials, delegations from other OSCE participating States, and diplomats to advance U.S. interests while assuring friends, allies, and potential adversaries of the U.S. commitment to security and cooperation in Europe. The 11-member delegation was among the largest U.S. delegations ever to attend the annual gathering, which attracted more than 300 parliamentarians from 53 OSCE participating States. Chairman Hastings, a former president of the OSCE PA, was joined in Austria by Helsinki Commission Co-Chairman Sen. Roger Wicker (MS), Ranking Member Rep. Joe Wilson (SC-02), and Helsinki Commissioners Rep. Emanuel Cleaver (MO-05), Rep. Gwen Moore (WI-04), Rep. Steve Cohen (TN-09), Rep. Robert Aderholt (AL-04), and Rep. Richard Hudson (NC-08). Rep. Gregory Meeks (NY-05), Rep. Lloyd Doggett (TX-35), and Rep. Andy Harris (MD-01) also joined the delegation, which benefited from the active support of Ambassador James Gilmore, the U.S. Representative to the OSCE. In the Standing Committee, which oversees the OSCE PA’s work, Chairman Hastings highlighted recommendations resulting from a seminar for young parliamentarians on “Future Leadership for Political Inclusion in the OSCE Region,” hosted in Washington in early February by the Helsinki Commission and the OSCE PA. “We brought together some 35 young parliamentarians from 19 OSCE participating States and three partner States to learn from each other and incubate the solutions of the future,” Chairman Hastings said. “As I called on all of you at our last meeting in Marrakech, we must counter the economic and social despair afflicting our youth and we all have a role.” At the same committee, Co-Chairman Wicker, who serves as a vice president of the assembly, shared his recent experience at the Munich Security Conference. The committee also reviewed a written report submitted by former Helsinki Commissioner Rep. Chris Smith (NJ-04), OSCE PA Special Representative on Human Trafficking Issues. In the committee focused on security issues, Rep. Hudson condemned Russia’s violations of Helsinki principles related to its aggression against Ukraine, while in the committee focusing on economic issues Rep. Harris cautioned Europe regarding the growing Chinese presence in the region. During a special debate on confronting anti-Semitism and other forms of intolerance in the OSCE region, Helsinki Commission Ranking Member Sen. Ben Cardin (MD), who serves as the OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance, delivered introductory remarks by video. “It is our responsibility to safeguard our democracies by speaking out and using our tools and voices as legislators against those who would divide our societies,” Sen. Cardin said. Later in the debate, Rep. Cohen urged participating States “to teach Holocaust history, which a fourth of the people in Europe or more don't understand or remember, and teach it so that the most horrific crime against humanity will be remembered so that it will not be repeated.” Rep. Cleaver linked anti-Semitism to broader trends of intolerance in society, and called OSCE participating States to action, stating, “There are many scary things in our world, but there is nothing quite able to generate fright like prejudice inspired by ignorance and nationalism manufactured by fear.” Rep. Hudson chaired a meeting of the OSCE PA Ad Hoc Committee on Countering Terrorism, and Rep. Moore participated in a similar meeting of the Ad Hoc Committee on Migration. On the margins of the Winter Meeting’s official sessions, members of Congress met with the Ukrainian delegation to the OSCE PA to discuss U.S. support for Ukraine’s territorial integrity and sovereignty in the face of unrelenting Russian aggression. Delegation members also met with OSCE Secretary General Thomas Greminger, Office for Democratic Institutions and Human Rights Director Ingibjörg Sólrún Gísladóttir, Special Representative and Coordinator for Combatting Trafficking in Human Beings Valiant Richey, and High Commissioner for National Minorities Lamberto Zannier.
Transatlantic Network of Young Legislators Releases Joint Declaration on Future Leadership for Political Inclusion in the OSCE RegionWednesday, February 19, 2020
WASHINGTON—Following a two-day seminar hosted by the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) and the Organization for Security and Cooperation in Europe Parliamentary Assembly (OSCE PA) in early February, nearly 20 young legislators from OSCE participating States today issued the Joint Declaration on Future Leadership for Political Inclusion in the OSCE Region. The declaration builds upon discussions among seminar participants—all national legislators from OSCE participating States and Partners for Cooperation—about the important role young people can and must play in addressing emerging human rights and security challenges worldwide. Each signatory resolves that the respective legislative bodies included in the declaration will empower young leadership and pursue goals including enhancing parliamentary diplomacy, promoting a declaration of a climate emergency in every OSCE participating State, and ensuring common security. The declaration reads in part: “Whereas, the role of young people in promoting human rights, peace, and security efforts in both national and international fora must not be underestimated or diminished at this critical juncture for democracies around the globe; “Whereas, comprehensive security, be it politico-military security, economic and environmental security, or human rights, faces more hybrid, malicious, and multiplying threats than we realize; “Whereas, multilateral institutions like the Organization for Security and Cooperation in Europe (OSCE) and the North Atlantic Treaty Organization (NATO), and the respective parliamentary assemblies, must maintain their stature and utilize its greatest asset for building a brighter future, the youth…” “Youth leadership driven by political inclusion is vital to combating the challenges of both today and tomorrow, including environmental degradation and democratic backsliding,” said U.S. Rep. Alcee L. Hastings (FL-20), who chairs the Helsinki Commission. “This declaration is simply the first, welcome step toward developing a robust transatlantic network of young legislators who will work toward a secure, sustainable future for us all.” “This was an excellent opportunity to follow up on a call made by our Assembly during our Berlin Annual Session to establish a forum of young parliamentarians to foster greater mutual trust between OSCE participating States,” said OSCE PA President George Tsereteli. “Young people can play a crucial role in fostering a culture of peace, in the prevention and resolution of conflicts, in tackling current urgent issues such as climate change, the fight against terrorism and migration.” The declaration has been signed by 17 legislators from the OSCE region, including U.S. Rep. Marc Veasey (TX-33) and US. Rep. Richard Hudson (NC-08). Both representatives serve as commissioners on the U.S. Helsinki Commission. Download the declaration.
The Power and Purpose of Parliamentary DiplomacyWednesday, February 05, 2020
While diplomats largely drive a nation’s foreign policy, elected members of national parliaments, including the U.S. Congress, also play a crucial role in influencing policy priorities, holding governments accountable, and providing a firmer democratic foundation to the advancement of peace, cooperation, and human rights across the globe. Through the parliamentary assemblies of organizations that play a critical role in international peace and security—the Organization for Security and Cooperation in Europe (OSCE) and the North Atlantic Treaty Organization (NATO)—parliamentarians can advance national interests on the international stage. The U.S. Helsinki Commission convened the hearing to encourage inter-parliamentary dialogue and examine the role parliamentary diplomacy can play in responding to current challenges facing the OSCE and NATO. The hearing also demonstrated bipartisan U.S. support for multilateral engagement based on shared principles and common goals. Commission Chairman Rep. Alcee L. Hastings (FL-20) chaired the hearing and was joined by Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD), Commissioner Rep. Joe Wilson (SC-02), and Rep. Filemon Vela (TX-34), a member of the U.S. delegation to the NATO Parliamentary Assembly. Chairman Hastings’ opening statement highlighted the value of effective parliamentary forums in contributing to security cooperation in Europe and around the world. Co-Chairman Wicker’s opening remarks emphasized that transatlantic dialogue has become even more important given continued Russian aggression. “If diplomacy is war by other means, we should no more abandon the plenary hall than the battlefield,” he stated.” George Tsereteli, a member of the parliament of the Republic of Georgia and President of the OSCE Parliamentary Assembly, and Attila Mesterhazy, a member of the parliament of Hungary and the Acting President of the NATO Parliamentary Assembly, both testified at the hearing Tsereteli discussed the necessity of active and visible international cooperation. He specifically acknowledged the advantages of parliamentary diplomacy in facilitating “public discussions,” “additional communication channels between conflict parties,” and “fact-finding missions.” Tsereteli also addressed Russia’s rogue actions in Russian-occupied territories. While he voiced support for maintaining pressure on the Putin regime, he upheld the importance of continued dialogue and compromise. Mesterhazy’s testimony focused on the NATO Parliamentary Assembly’s recent achievements and its role in shaping the future of NATO. He contended that the NATO Parliamentary Assembly is a powerful complement to NATO because of the Assembly’s broad mandate, diverse membership, and utilization of majority voting. Mesterhazy also discussed Russian aggression in the region, asserting that “[the Ukraine War] is not a frozen conflict, it’s boiling” and commending the NATO Parliamentary Assembly for expelling the Russian delegation in 2014, following the illegal annexation of Crimea. The hearing provided insight on the parallels of multilateral engagement within the OSCE Parliamentary Assembly and the NATO Parliamentary Assembly. Commissioners and panelists were able to address various issues facing transatlantic security and remain hopeful for the future of parliamentary diplomacy and cooperation.
Media Advisory: Chairman Hastings, OSCE PA President Tsereteli, and Commissioner Moore to Address International Gathering of Young Legislators on Capitol HillThursday, January 30, 2020
WASHINGTON—To empower future leaders in the North America, Europe, Central Asia, and beyond, the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission), the Organization for Security and Cooperation in Europe Parliamentary Assembly (OSCE PA), and other partners will convene a seminar for young legislators on Capitol Hill on Monday, February 3 and Tuesday, February 4, 2020. During the two-day program, leading young legislators from OSCE participating States, along with members of Congress and select guests, will discuss the role of young people in peace and security efforts in both national and international fora. Attendees also will engage with other political leaders to forge a transatlantic network for political action to address emerging human rights and security challenges. Members of the media are invited to attend the opening and closing sessions of the event. WHO: Helsinki Commission Chairman Rep. Alcee L. Hastings (opening and closing sessions) Helsinki Commissioner Rep. Gwen Moore (opening session) OSCE PA President George Tsereteli (closing session) Other Members of Congress to be confirmed Nearly 50 young legislators from 25 countries WHERE: U.S. Capitol Visitor Center, Room HVC-210 (opening session) U.S. Capitol Visitor Center, Room SVC-200/201 (closing session) WHEN: Monday, February 3, 2020 (opening session) 12:30 p.m. to 1:00 p.m. Tuesday, February 4, 2020 (closing session) 1:15 p.m. to 2:00 p.m. Members of the media must register in advance to attend the public sessions of the seminar by emailing csce[dot]press[at]mail[dot]house[dot]gov.
Human Rights and DemocracyWednesday, January 29, 2020
For nearly three decades, the Organization for Security and Cooperation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) has been at the forefront of efforts to promote human rights and democracy throughout the 57-nation OSCE region. Although best known for international election observation, ODIHR has also been instrumental in countering various forms of intolerance, helping governments combat human trafficking, protecting human rights defenders, and implementing OSCE commitments to fundamental freedoms. The U.S. Helsinki Commission convened the hearing to demonstrate bipartisan support for ODIHR, to reinforce the U.S.’s support related OSCE initiatives, and to hear about the ongoing work of ODIHR. Commission Ranking Member Rep. Joe Wilson (SC-02) chaired the hearing and was joined by Commissioners Rep. Robert Aderholt (AL-04), Rep. Steve Cohen (TN-09), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. Wilson’s opening remarks highlighted the historic achievements of ODIHR, which include assisting countries to “transition from communism to democracy,” supporting “civil society participation in OSCE events,” and facilitating “strong cooperation with the Parliamentary Assembly.” In her first appearance before Congress, ODIHR Director Ambassador Ingibjörg Sólrún Gísladóttir addressed multiple challenges that have impeded the effectiveness of ODIHR activities. She then outlined ODIHR’s role in offering proactive solutions. In particular, Ambassador Gísladóttir stressed the importance of dialogue and asserted that democracy is about “respect and trust, an acceptance of differing opinions, an exchange of views, and the willingness to share power and seek compromise.” She concluded on an optimistic note, emphasizing unity within the OSCE and its “commitment to democracy and to the wellbeing of its people.” Although conscious of ODIHR’s efforts, commissioners voiced concerns that some OSCE participating States are not complying with their commitments to uphold basic human rights standards. Commissioners specifically acknowledged restrictions on religious freedom in Russia, poor conditions for activists and journalists, and rising anti-Semitism and discrimination against the Roma people across the region. This hearing continued the Helsinki Commission practice of regularly engaging with senior OSCE officials.The Commission typically holds hearing with the foreign minister of the country holding the rotating chairmanship of the OSCE. The Commission has also held hearings with previous ODIHR directors as well as the OSCE Representative on Freedom of the Media.
Life Under OccupationTuesday, January 28, 2020
Nearly six years into Russia’s illegal occupation of Crimea, the human rights situation there continues to deteriorate. Russian authorities have restricted freedom of speech and assembly, suppressed civil society activity, persecuted religious and ethnic minorities, muzzled dissent, and continue to implement an aggressive process of “Russification” toward residents of the peninsula. The U.S. Helsinki Commission convened the hearing to explore Russia’s ongoing assault on Crimea’s vulnerable minorities, as well as its blatant disregard for human rights. As an occupying power, Russia bears the full weight of responsibility for the abuses being inflicted on the population of Crimea. Panelists discussed Russia’s repression of basic freedoms in Crimea and persecution of those who don’t recognize Russian authority. Commission Chairman Rep. Alcee L. Hastings (FL-20) chaired the hearing and was joined by Commission Co-Chairman Sen. Roger Wicker (MS) and commissioners Sen. Sheldon Whitehouse (RI), Rep. Robert Aderholt (AL-04), and Rep. Marc Veasey (TX-33). Chairman Hastings’ opening remarks addressed Russia’s attempts to stymie Ukraine’s relationship with the European community and the brutal tactics used throughout Crimea’s occupation. Hastings shed a light on the harsh reality of Russia’s continued occupation, which is “aimed at forcing a proud people into submission, whether they be civil society activists, community or religious leaders, artists, journalists, or simply those whose religion and ethnicity are viewed with distrust and fear.” This hearing featured testimony from Oleg Sentsov, a Ukrainian writer and filmmaker who was sentenced to 20 years in jail by a Russian court on trumped-up charges of terrorism in 2014. In 2018, Sentsov became a worldwide symbol of defiance and courage when he launched a hunger strike on behalf of all Ukrainian political prisoners being held by Russia. He was released in September 2019. Tamila Tasheva, Deputy Permanent Representative of the President of Ukraine in the Autonomous Republic of Crimea, and Melinda Haring, Deputy Director of the Atlantic Council’s Eurasia Center, also served as witnesses. Sentsov addressed Russia’s “fabricated legal cases” and “long-term imprisonment” against those who simply think differently. He also testified about the various forms of torture he endured in a Russian prison. Sentsov voiced his appreciation for the United States’ continued efforts to counter Russian aggression in Ukraine and asked that Congress maintain pressure on the Putin regime. Tasheva focused her testimony on Russia’s persecution and internal displacement of “disloyal” groups, specifically the Crimean Tatars. Tasheva also called for the creation of an “international platform for negotiations on the return of the temporarily occupied Autonomous Republic of Crimea and the city of Sevastopol to sovereign Ukrainian jurisdiction.” Haring addressed the lack of free press in Crimea, asserting that “the media is controlled by the government.” She praised Radio Free Europe/Radio Liberty’s Crimea service, which tracks developments in Crimea and broadcasts them in three languages to the Crimean population. Haring also warned that the situation in Crimea is worsening, and that Russia has “effectively turned Crimea into a Russian military base.” Throughout the hearing, commissioners expressed their concerns for freedom of religion, freedom of movement, and freedom of the press in Crimea. Commissioners also assured witnesses that support for President Zelensky and the fight for freedom in Ukraine is bipartisan and resolute.
Power of Parliamentary Diplomacy to Be Discussed at Helsinki Commission HearingMonday, January 27, 2020
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: THE POWER AND PURPOSE OF PARLIAMENTARY DIPLOMACY Inter-Parliamentary Initiatives and the U.S. Contribution Wednesday, February 5, 2020 9:30 a.m. Cannon House Office Building Room 210 Live Webcast: www.youtube.com/HelsinkiCommission While diplomats largely drive a nation’s foreign policy, elected members of national parliaments, including the U.S. Congress, also play a crucial role in influencing policy priorities, holding governments accountable, and providing a firmer democratic foundation to the advancement of peace, cooperation, and human rights across the globe. Through the parliamentary assemblies of organizations that play a critical role in international peace and security—the Organization for Security and Cooperation in Europe (OSCE) and the North Atlantic Treaty Organization (NATO)—parliamentarians can advance national interests on the international stage. This hearing will examine the concept of parliamentary diplomacy, review the activities of both the OSCE Parliamentary Assembly and NATO Parliamentary Assembly, and assess the ways in which they parallel and support the multilateral diplomatic efforts of governments to follow shared principles and reach common goals. Witnesses also will discuss the many current challenges facing the NATO alliance and the OSCE region, the role played by the United States Congress, and possibilities for similar parliamentary initiatives elsewhere. The following witnesses are scheduled to participate: George Tsereteli, a member of the parliament of the Republic of Georgia and President of the OSCE Parliamentary Assembly Attila Mesterhazy, a member of the parliament of Hungary and President (Acting) of the NATO Parliamentary Assembly
Election Observation 101Friday, January 24, 2020
On January 22, 2020, Helsinki Commissioner Rep. Mark Veasey (TX-33) moderated a roundtable at the Texas A&M School of Law titled “Election Observation 101: Strengthening Democracies Old and New in the 21st Century.” Rep. Veasey—who also is a co-chair of the Congressional Voting Rights Caucus and a former member of the Elections Committee in the Texas House of Representatives—and expert panelists discussed the importance of election observation missions across the OSCE region. Rep. Veasey was joined at the roundtable by veteran election observer Lindsay Lloyd, director of the human freedom initiative at the George W. Bush Institute; Amanda Schnetzer, chief operating officer of Pointe Bello; and Helsinki Commission Chief of Staff Alex T. Johnson. Law school dean Robert Ahdieh offered a warm welcome and reflected on his fondest memories of the Helsinki Commission as a young man living in Moscow, Russia. Rep. Veasey then set the stage with the 30-year celebration of the 1990 Copenhagen Document which established the international standards for “free and fair elections”, while Mr. Lloyd explained the dynamics of how teams are assembled. Mr. Johnson further clarified the role of observers as strict watchers or objective examiners, and never interventionists, and Ms. Schnetzer shared how her experience observing elections in Tunisia forever shaped her passion for civic engagement and democratic values. “[In 2011], the people of Tunisia were voting... To see the looks on the faces of women, grandparents coming to poles for the first time, casting a vote, and bringing a grandchild in tow, to say ‘I have waited all my life to do this’ was simply inspirational,” Ms. Schnetzer said. “I saw the stark comparison in the United States because few get excited on the first day they get to vote… I wish that we could find a way to positively spark that enthusiasm here [in the U.S.].” Looking ahead to the U.S. elections in November 2020, all panelists agreed that more could be done to inform the American public about foreign observers and the benefits of international election observation. Election observers from both the OSCE Office of Democratic Institutions and Human Rights and the OSCE Parliamentary Assembly are expected to be invited by the United States Government to observe the 2020 elections. The OSCE was first invited to observe U.S. elections by the Bush Administration in 2002 and has been invited to observe every midterm and general election since (2004, 2006, 2008, 2010, 2012, 2014, 2016, and 2018) by the administration in office. However, the decentralized nature of the U.S. electoral system means some states prohibit or greatly restrict foreign observers. A few states explicitly permit foreign observation, or at least a sufficiently public observation to include those from other countries.
The OSCE’s 2008 Human Dimension Implementation Meeting offered an opportunity to review compliance on a full range of human rights and humanitarian commitments of the organization’s participating States. Tolerance issues featured prominently in the discussions, which included calls for sustained efforts to combat anti-Semitism and other forms of discrimination. A U.S. proposal for a high-level conference on tolerance issues in 2009, however, met with only tepid support. Core human rights issues, including freedom of speech and freedom of religion, continued to draw large numbers of speakers.
Throughout the discussions, non-governmental organizations (NGOs) expressed concern about Kazakhstan’s failure to implement promised reforms and questioned its readiness to serve as OSCE Chair-in-Office in 2010. Greece, slated to assume the chairmanship in January, came under criticism for its treatment of ethnic minorities. As in the past, the United State faced criticism for retaining the death penalty and for its conduct in counter-terrorism operations. Belarusian elections, held on the eve of the HDIM, came in for a round of criticism, while Russia continued to advocate proposals on election observation that would significantly limit the OSCE’s independence in such activities. Finally, discussion of the Russia-Georgia conflict was conspicuous by its near absence, though related human rights and humanitarian concerns will likely receive more prominence in the lead up to and during the December OSCE Ministerial in Helsinki.
From September 29 to October 10, 2008, the OSCE participating States met in Warsaw, Poland, for the annual(1) Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest human rights gathering, convened to discuss compliance by the participating States with the full range of human dimension commitments they have all adopted by consensus. The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), according to an agenda approved by consensus of all 56 participating States. The HDIM is the only multinational human rights meeting in Europe where representatives of NGOs and government representatives have equal access to the speakers list. Indeed, over half of the statements delivered at this year’s HDIM were made by NGO representatives.
Such implementation review meetings are intended to serve as the participating States’ principal venue for public diplomacy and are important vehicles for identifying continued areas of poor human rights performance. Although the HDIM is not tasked with decision-making responsibilities, the meetings can provide impetus for further focus on particular human dimension concerns and help shape priorities for subsequent action. Coming in advance of ministerial meetings that are usually held in December, the HDIMs provide an additional opportunity for consultations among the participating States on human dimension issues that may be addressed by Ministers. (This year, for example, there were discussions on the margins regarding a possible Ministerial resolution on equal access to education for Roma and advancing work in the field of tolerance and non-discrimination, including the possibility of convening a related high-level meeting in 2009.)
OSCE rules, adopted by consensus, allow NGOs to have access to human dimension meetings. However, this general rule does not apply to “persons and organizations which resort to the use of violence or publicly condone terrorism or the use of violence.”(2) There are no other grounds for exclusion. The decision as to whether or not a particular individual or NGO runs afoul of this rule is made by the Chairman-in-Office.
In recent years, some governments have tried to limit or restrict NGO access at OSCE meetings in an effort to avoid scrutiny and criticism of their records. This year, in the run up to the HDIM, Turkmenistan held the draft agenda for the meeting hostage, refusing to give consensus as part of an effort to block the registration of Turkmenistan NGOs which have previously attended the implementation meetings and criticized Ashgabat. Turkmenistan officials finally relented and allowed the adoption of the HDIM agenda in late July, but did not participate in the Warsaw meeting. Along these lines, the Russian delegation walked out in protest when the NGO “Russian-Chechen Friendship Society” took the floor to speak during a session on freedom of the media.
At the 2008 HDIM, senior Department of State participants included Ambassador W. Robert Pearson, Head of Delegation; Ambassador Julie Finley, Head of the U.S. Mission to the OSCE; Ambassador Karen Stewart, Principal Deputy Assistant Secretary of State for Democracy, Human Rights and Labor; and Mr. Bruce Turner, Acting Director, Office for European Security and Political Affairs. Mr. Will Inboden, advisor on religious freedom issues, and Mr. Nathan Mick, advisor on Roma issues, served as Public Members. Ms. Felice Gaer, Chair of the U.S. Commission on Religious Freedom, and Mr. Michael Cromartie, Vice Chair, also served as members of the delegation.
Helsinki Commission Chief of Staff Fred L. Turner and Senior State Department Advisor Ambassador Clifford Bond also served as members of the U.S. Delegation, along with Helsinki Commission staff members Alex T. Johnson, Ronald J. McNamara, Winsome Packer, Erika B. Schlager, and Dr. Mischa E. Thompson.
In comparison with previous HDIMs, the 2008 meeting was relatively subdued – perhaps surprisingly so given that, roughly eight weeks before its opening, Russian tanks had rolled onto Georgian territory. While the full scope of human rights abuses were not known by the time the meeting opened, human rights defenders had already documented serious rights violations, including the targeting of villages in South Ossetia inhabited by ethnic Georgians. Nevertheless, discussion of the Russian-Georgian conflict was largely conspicuous by its near absence.
The annual HDIM agenda provides a soup-to-nuts review of the implementation of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. The United States continued its longstanding practice of naming specific countries and cases of concern.
In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. This year, those subjects were: 1) education and awareness-raising in the promotion of human rights; 2) freedom of religion or belief; and 3) focus on identification, assistance and access to justice for the victims of trafficking. Of the three, the sessions on religious liberty attracted the most speakers with over 50 statements.
A large number of side events were also part of the HDIM, organized by non-governmental organizations, OSCE institutions or offices, other international organizations, or participating States. These side events augment implementation review sessions by providing an opportunity to examine specific subjects or countries in greater depth and often with a more lively exchange than in the formal sessions.
Along with active participation at these side events, the United States held extensive bilateral meetings with government representatives, as well as with OSCE officials and NGO representatives. At the end of the second week of the HDIM, Human Rights Directors from capitals also held a working meeting to discuss issues of mutual concern, with a special focus on United Nations Security Council Resolution 1325, on women, peace and security. This year, the U.S. Commission on International Religious Freedom also hosted a reception to honor the OSCE Panel of Experts on Freedom of Religion or Belief, as well as the tenth anniversary of the U.S. International Religious Freedom Act and the 60th anniversary of the UN Declaration of Human Rights.
Greece, scheduled to assume the chairmanship of the OSCE starting in January 2009, came under particular criticism for its treatment of minorities. Unlike the highly emotional reactions of senior Greek diplomats in Warsaw two years ago, the delegation this year responded to critics by circulating position papers elaborating the Greek government’s views. Greece also responded to U.S. criticism regarding the application of Sharia law to Muslim women in Thrace by stating that Greece is prepared to abolish the application of the Sharia law to members of the Muslim minority in Thrace when this is requested by the interested parties whom it affects directly. Issues relating to the treatment of ethnic, linguistic and religious minorities in the OSCE region are likely to remain an important OSCE focus in the coming period, especially in light of developments in the Caucasus, and it remains to be seen how the Greek chairmanship will address these concerns in light of its own rigid approach to minorities in its domestic policies.
Throughout the HDIM, many NGOs continued to express concern about the fitness of Kazakhstan to serve as OSCE Chair-in-Office in 2010 given serious short comings in that country’s human rights record. In particular, Kazakhstan was sharply criticized for a draft religion law (passed by parliament, but not yet adopted into law). One NGO argued that a Kazakhstan chairmanship, with this law in place, would undermine the integrity of the OSCE, and urged participating States to reconsider Kazakhstan for the 2010 leadership position if the law is enacted. Juxtaposing Kazakhstan’s future chairmanship with the possible final passage of a retrograde law on religion, the Almaty Helsinki Committee asked the assembled representatives, “Are human rights still a priority – or not?” (Meanwhile, on October 5, Secretary of State Condoleezza Rice visited Kazakhstan.)
On the eve of the HDIM, Belarus held elections. Those elections received considerable critical attention during the HDIM’s focus on democratic elections, with the United States and numerous others expressing disappointment that the elections did not meet OSCE commitments, despite promises by senior Belarusian officials that improvements would be forthcoming. Norway and several other speakers voiced particular concern over pressures being placed on ODIHR to circumscribe its election observation activities. Illustrating those pressures, the Russian Federation reiterated elements of a proposal it drafted on election observation that would significantly limit the independence of ODIHR in its election observation work. The Head of the U.S. Delegation noted that an invitation for the OSCE to observe the November elections in the United States was issued early and without conditions as to the size or scope of the observation. (Russia and others have attempted to impose numerical and other limitations on election observation missions undertaken by the ODIHR and the OSCE Parliamentary Assembly.)
Tolerance issues featured prominently during discussions this year, as they have at other recent HDIMs. Forty-three interventions were made, forcing the moderator to close the speakers list and requiring presenters to truncate their remarks. Muslim, migrant, and other groups representing visible minorities focused on discrimination in immigration policies, employment, housing, and other sectors, including racial profiling and hate crimes, amidst calls for OSCE countries to improve implementation of existing anti-discrimination laws. Jewish and other NGOs called for sustained efforts to combat anti-Semitism. Representatives of religious communities expressed concern about the confusion made by ODIHR in its Annual Hate Crimes Report between religious liberty issues and intolerance towards members of religious groups. This year, some governments and NGOs elevated their concerns relating to gay, lesbian, bisexual and transgender persons, increasingly placing these concerns in the context of the OSCE’s focus on hate crimes. A civil society tolerance pre-HDIM meeting and numerous side events were held on a broad range of tolerance-related topics.
The United States and several U.S.-based NGOS called for a high-level conference on tolerance issues to be held in 2009. Unlike in prior years, however, no other State echoed this proposal or stepped forward with an offer to host such a high-level conference.
In many of the formal implementation review sessions this year, NGOs made reference to specific decisions of the European Court on Human Rights, urging governments to implement judgments handed down in recent cases. During the discussion of issues relating to Roma, NGOs continued to place a strong focus on the situation in Italy, where Roma (and immigrants) have been the target of hate crimes and mob violence. NGOs reminded Italy that, at the OSCE Supplementary Human Dimension Meeting in July, they had urged Italy to come to the HDIM with concrete information regarding the prosecution of individuals for violent attacks against Roma. Regrettably, the Italian delegation was unable to provide any information on prosecutions, fostering the impression that a climate of impunity persists in Italy.
As at other OSCE fora, the United States was criticized for retaining the death penalty, contrary to the abolitionist trend among the OSCE participating States. Of the 56 OSCE participating States, 54 have abolished, suspended or imposed a moratorium on the death penalty and only two – the United States and Belarus – continue to impose capital punishment as a criminal sanction.
Two side events held during the HDIM also put a spotlight on the United States. The first event was organized by Freedom House and entitled, “Today’s American: How Free?” At this event, Freedom House released a book by the same title which examined “the state of freedom and justice in post-9/11 America.”
The second event was a panel discussion on “War on Terror or War on Human Rights?” organized by the American Civil Liberties Union. Speakers from the ACLU, Amnesty International and the Polish Human Rights Foundation largely focused on issues relating to the United States, including the military commission trials at Guantanamo, and official Polish investigations into allegations that Poland (working with the United States) was involved in providing secret prisons for the detention and torture of “high-value” detainees.(3)
In a somewhat novel development, Russian Government views were echoed by several like-minded NGOs which raised issues ranging from claims of “genocide” by Georgia in South Ossetia to grievances by ethnic Russians in Latvia and Estonia. Ironically, the Russian delegation, in its closing statement, asserted that this year’s HDIM had an “improved atmosphere” due (it was asserted) to the efforts by both governments and NGOs to find solutions to problems rather than casting blame.
As at past HDIMs, some sessions generated such strong interest that the time allotted was insufficient to accommodate all those who wished to contribute to the discussion. For example, the session on freedom of the media was severely constrained, with more than 20 individuals unable to take the floor in the time allotted, and several countries unable to exercise rights of reply. Conversely, some sessions – for example, the session on equal opportunity for men and women, and the session on human dimension activities and projects – had, in terms of unused time available, an embarrassment of riches.
Following a general pattern, Turkmenistan was again not present at the HDIM sessions this year.(4) In all, 53 participating States were represented at the meeting.
At the closing session, the United States raised issues of particular concern relating to Turkmenistan under the “any other business” agenda item. (This is the sixth year in a row that the United States has made a special statement about the situation in Turkmenistan, a country that some view as having the worst human rights record in the OSCE.) For the past two years, there has been a new government in Turkmenistan. The U.S. statement this year noted some positive changes, but urged the new government to continue the momentum on reform by fully implementing steps it already has begun. In addition, the United States called for information on and access to Turkmenistan’s former representative to the OSCE, Batyr Berdiev. Berdiev, once Turkmenistan’s ambassador to the OSCE, was reportedly among the large number of people arrested following an attack on then-President Niyazov’s motorcade in 2002. His fate and whereabouts remain unknown.
OSCE PA President João Soares addressed the closing plenary, the most senior Assembly official to participate in an HDIM meeting.
The Russian-Georgian Conflict
With the outbreak of armed violence between Russia and Georgia occurring only two months earlier, the war in South Ossetia would have seemed a natural subject for discussion during the HDIM. As a human rights forum, the meeting was unlikely to serve as a venue to debate the origins of the conflict, but there were expectations that participants would engage in a meaningful discussion of the human dimension of the tragedy and efforts to stem ongoing rights violations. As it turned out, this view was not widely shared by many of the governments and NGOs participating in the meeting.
The opening plenary session foreshadowed the approach to this subject followed through most of the meeting. Among the senior OSCE officials, only High Commissioner on National Minorities Knut Vollebaek squarely addressed the situation in the south Caucasus. Vollebaek condemned the19th century-style politicization of national minority issues in the region and the violation of international borders. At the time of the crisis, he had cautioned against the practice of “conferring citizenship en masse to residents of other States” (a reference to Russian actions in South Ossetia) and warned that “the presence of one's citizens or ‘ethnic kin’ abroad must not be used as a justification for undermining the sovereignty and territorial integrity of other States.” Sadly, that sound advice went unobserved in Georgia, but it is still applicable elsewhere in the OSCE region.(5) The statement delivered by France on behalf of the countries of the European Union failed to address the conflict.
During the plenary, only Norway and Switzerland joined the United States in raising humanitarian concerns stemming from the conflict. In reply, the head of the Russian delegation delivered a tough statement which sidestepped humanitarian concerns, declaring that discussion of Georgia’s territorial integrity was now “irrelevant.” He called on participating States to adopt a pragmatic approach and urged acknowledgment of the creation of the new sovereign states of Abkhazia and South Ossetia, terming their independence “irreversible” and “irrevocable.” Perhaps more surprising than this Russian bluster was the failure of any major NGO, including those who had been active in the conflict zone collecting information and working on humanitarian relief, to take advantage of the opportunity to raise the issue of South Ossetia during the opening plenary.
As the HDIM moved into its working sessions, which cover the principal OSCE human dimension commitments, coverage of the conflict fared better. The Representative on Freedom of the Media remarked, in opening the session on free speech and freedom of the media that, for the first time in some years, two OSCE participating States were at war. During that session, he and other speakers called on the Russian Federation to permit independent media access to occupied areas to investigate the charges and counter-charges of genocide and ethnic cleansing. The tolerance discussion included calls by several delegations for Russia to cooperate and respond favorably to the HCNM’s request for access to South Ossetia to investigate the human rights situation in that part of Georgia. Disappointingly, during the session devoted to humanitarian commitments, several statements, including those of the ODHIR moderator and EU spokesperson, focused narrowly on labor conditions and migration, and failed to raise concerns regarding refugees and displaced persons, normally a major focus of this agenda item and obviously relevant to the Georgia crisis.
Nevertheless, the session developed into one of the more animated at the HDIM. The Georgian delegation, which had been silent up to that point, spoke out against Russian aggression and alleged numerous human rights abuses. It expressed gratitude to the European Union for sending monitors to the conflict zone and urged the EU to pressure Russia to fully implement the Six-Point Ceasefire agreement negotiated by French President Sarkozy. The United States joined several delegations and NGOs calling on all parties to the conflict to observe their international obligations to protect refugees and create conditions for their security and safe voluntary return. In a pattern observed throughout the meeting, the Russian delegation did not respond to Georgian charges. It left it to an NGO, “Ossetia Accuses,” to make Russia’s case that Georgia had committed genocide against the people of South Ossetia. A common theme among many interventions was a call for an independent investigation of the causes of the conflict and a better monitoring of the plight of refugees, but to date Russian and South Ossetian authorities have denied both peacekeeping monitors and international journalists access to the region from elsewhere in Georgia. A joint assessment mission of experts from ODIHR and the HCNM, undertaken in mid-October, were initially denied access to South Ossetia, with limited access to Abkhazia granted to some team members. Eventually, several experts did gain access to the conflict zone in South Ossetia, though to accomplish this they had to travel from the north via the Russian Federation.
One can only speculate why Georgia received such limited treatment at this HDIM. The crisis in the south Caucasus had dominated OSCE discussions at the Permanent Council in Vienna for weeks preceding the HDIM. Some participants may have feared that addressing it in Warsaw might have crowded out the broader human rights agenda. Others may have felt that, in the absence of a clear picture of the circumstances surrounding the conflict and with so many unanswered questions, it was best not to be too critical or too accusatory of either party. The EU (and particularly the French) were, at the time of the HDIM, in the process of negotiating the deployment of European observers to the conflict zone, and may have feared that criticism of Russia at this forum would have only complicated the task.
In fact, the EU’s only oblique reference to Georgia was made at HDIM’s penultimate working session (a discussion which focused on human dimension “project activity”) in connection with the work of High Commissioner for National Minorities. (One observer of this session remarked that there seemed to be a greater stomach for dinging the OSCE Office for Democratic Institutions and Human Rights for shortcomings in its work than for criticizing Russia for invading a neighboring OSCE participating State.) Finally, other participants, particularly NGOs, seemed more inclined to view human rights narrowly in terms of how governments treat their own citizens and not in terms of how the failure to respect key principles of sovereignty and territorial integrity are invariably accompanied by gross violations of human rights and can produce humanitarian disasters.
Amid simmering tensions between Russia and Georgia which could erupt into renewed fighting, and completion of a report requested by the Finnish Chairmanship in time for the OSCE’s Ministerial in Helsinki in early December, Ministers will have to grapple with the impact of the south Caucasus conflict and what role the OSCE will have.
The relative quiet of the HDIM notwithstanding, French President M. Nicolas Sarkozy put a spotlight on OSCE issues during the course of the meeting. Speaking at a conference in Evian, France, on October 8, he responded to a call by Russian President Dmitri Medvedev, issued in June during meetings with German Chancellor Angela Merkel, for a new “European Security Treaty” to revise Europe’s security architecture – a move seen by many as an attempt to rein in existing regional security organizations, including NATO and the OSCE. President Sarkozy indicated a willingness to discuss Medvedev’s ideas, but argued they should be addressed in the context of a special OSCE summit, which Sarkozy suggested could be held in 2009.
The escalating global economic crisis was also very much on the minds of participants at the HDIM as daily reports of faltering financial institutions, plummeting markets, and capital flight promoted concerns over implications for the human dimension. Several delegations voiced particular concern over the possible adverse impact on foreign workers and those depending on remittances to make ends meet.
The human rights and humanitarian concerns stemming from the war in South Ossetia will likely come into sharper focus in the lead up to the December OSCE Ministerial in Helsinki as talks on the conflict resume in Geneva, and OSCE and other experts attempt to document the circumstances surrounding the outbreak of fighting and current conditions. The coming weeks can also be expected to bring renewed calls for an overhaul of the human dimension and the ODIHR by those seeking to curb attention paid to human rights and subordinate election monitoring activities. It remains to be seen whether Kazakhstan will fulfill the commitments it made a year ago in Madrid to undertake meaningful reforms by the end of this year. There is also the risk that a deepening economic crisis will divert attention elsewhere, even as the resulting fallout in the human dimension begins to manifest itself. It is unclear what priorities the Greek chairmanship will be set for 2009, a year that portends peril and promise.
(1) OSCE Human Dimension Implementation Meetings are held every year, unless there is a Summit. Summits of Heads of State or Government are preceded by Review Conferences, which are mandated to review implementation of all OSCE commitments in all areas (military-security, economic and environmental cooperation, and the human dimension).
(2) Helsinki Document 1992, The Challenges of Change, IV (16).
(3) Interestingly, at the session on human rights and counterterrorism, moderator Zbigniew Lasocik, member of the United Nations Subcommittee on Prevention of Torture, noted that Poland’s Constitutional Court had, the previous day, struck down a 2004 law that purported to allow the military to shoot down hijacked commercial aircraft – even if they were being used as weapons like the planes that killed thousands of people on 9/11. The Court reportedly reasoned that shooting down an aircraft being used as bomb would infringe on the constitutional protection of human life and dignity of the passengers.
(4) Turkmenistan sent a representative to the HDIM in 2005 for the first time in several years. While responding to criticism delivered in the sessions, the representative appeared to focus more on monitoring the activities of Turkmen NGOs participating in the meeting. Turkmenistan subsequently complained that certain individuals who had been charged with crimes against the State should not be allowed to participate in OSCE meetings. Turkmenistan officials did not participate in the 2006 or 2007 HDIMs. Participation in the 2008 meeting would have been a welcome signal regarding current political developments.
(5) The HCNM had previously expressed concern regarding Hungary’s overreach vis-a-vis ethnic Hungarian minorities in neighboring countries. In 2004, Hungary held a referendum on extending Hungarian citizenship to ethnic Hungarians abroad – an idea that still holds political currency in some quarters of Hungary – but the referendum failed due to low voter turnout.