By Janice Helwig, Senior Policy Advisor,
Demitra Pappas, Senior Advisor Department of State,
Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to OSCE
Foreign Ministers and senior officials from the 57 participating States and 11 Asian and Mediterranean partners of the Organization for Security and Cooperation in Europe (OSCE) convened the OSCE Ministerial Council in Lodz, Poland on December 1-2. While the OSCE Ministerial is held annually, this year’s meeting was atypical, due to its taking place amid the greatest crisis in European security since World War II, namely Russia’s full-scale invasion of Ukraine.
States Accuse Russia and Belarus of Violating Principles, Stand with Ukraine
Polish-Chairman-in-Office, Foreign Minister Zbigniew Rau in his opening remarks pointedly blamed Russia for destroying the security order and attempting to undermine the Organization. Russia’s full-scale invasion of Ukraine in February, abetted by Belarus, violated each of the politico-military, democratic, human rights, and economic and environmental commitments enshrined in the 1975 Helsinki Final Act, an agreement that underpinned European security for nearly 50 years.
Most fundamentally, the Lodz Ministerial underscored participating States’ desire to return to the founding principles of the OSCE – the Helsinki Final Act – and to call out Russia’s violation of each. Participating State after participating State took the floor to reaffirm their OSCE commitments and to call Russia to account. Russia was entirely isolated, with only Belarus attempting, pathetically, to deflect blame on others for “corroding” the spirit of Helsinki.
At each instance, participating States overwhelmingly reaffirmed their support for OSCE principles and denounced Russia’s war of aggression on Ukraine, declared solidarity with Ukraine, and demanded accountability for war crimes, the crime of aggression, and violations of international humanitarian law. Participating States also voiced strong support for the work of the OSCE’s autonomous institutions, including the Office for Democratic Institutions and Human Rights and the Representative of the Freedom of the Media in particular, whose mandates and funding are often in Russia’s crosshairs.
Many participating States also noted the importance of the three “Moscow Mechanism” reports issued this past year to document Russia’s violations of international humanitarian law in Ukraine and its repression of human rights at home. A joint statement delivered by Finland on behalf of 42 other participating States condemned Russia’s atrocities in Ukraine and called for perpetrators to be held accountable. OSCE Parliamentary Assembly President Margareta Cederfelt advocated establishing a high-level body to assess reparations from Russia.
Two other aspects of the Ministerial were unique. Absent were the annual negotiations among participating States on decisions designed to enhance existing commitments on cooperative security, which the Polish Chair assessed as unfeasible due to Russian intransigence. Also absent was Russian Foreign Minister Lavrov, against whom Poland took a principled stand to exclude from attending.
OSCE Continued Work in 2022, Despite Russia’s Objections
States also used their interventions to welcome OSCE’s development of new approaches in 2022 with regard to sustaining its human rights work and presence in Ukraine to overcome Russia’s attempts to undermine the Organization.
In the years leading up to the Ministerial, Russia had increased its abuse of OSCE’s consensus-decision making to block the Organization’s budget, to close OSCE’s three field missions in Ukraine, and to prevent the convening of OSCE’s signature, annual human rights conference, the Human Dimension Implementation Meeting (HDIM).
Yet despite its concerted efforts, Russia failed to block OSCE’s human rights work or eradicate its work in Ukraine.
“On the contrary,” as U.S. delegation head, Undersecretary of State Victoria Nuland observed in Lodz, the OSCE “has said no to Moscow’s efforts to divide it, to paralyze it, to destroy it.” Nuland added, the Organization has emerged “even stronger, more flexible, more resilient” under Poland’s stewardship and that of Secretary General Helga Maria Schmid.
After Russia blocked the HDIM, the Polish Chairmanship convened the Warsaw Human Dimension Conference (WHDC) in September, conducting a full review of human rights commitments with the participation of more than one thousand governmental and civil society representatives in attendance. In November, the Secretariat stood up a donor-funded “Support Programme Ukraine” which reestablished an OSCE presence in the country. These are examples of how the OSCE has continued to promote Helsinki principles and deliver programming in spite of Russia’s attempts to undermine it.
Side Events, Civil Society Parallel Conference Seek to Close Russia’s “Accountability Gap”
A range of side events amplified concerns of participating States and civil society regarding the terrible human toll of Russia’s war and the need for accountability. The first side event explored the increased risk of human trafficking among Ukrainian citizens fleeing the conflict and the illegal abduction and forced adoption of Ukrainian children in Russia. The establishment of a Group of Friends on Children in Armed Conflict was also announced. A side event moderated by Ukrainian Foreign Minister Dmytro Kuleba outlined various means to hold Russia accountable for atrocities committed in Ukraine, including providing support to the Ukrainian Prosecutor General’s Office and to the International Criminal Court through the collection evidence of crimes and aiding in investigations. Minister Kuleba strongly advocated for the establishment of a Special Tribunal to prosecute Russia’s crime of aggression and received broad support. An event featuring Belarusian opposition leader, Sviatlana Tsikhanouskaya and other activists drew renewed attention to the plight of thousands of political prisoners in Belarus and called for the invocation of another Moscow Mechanism report to document ongoing human rights violations by the government of Belarus.
Civic Solidarity Platform (CSP), a regional association of human rights civil society organizations, hosted its annual Parallel Civil Society Conference on November 30 which likewise called on participating States to ensure accountability for perpetrators of war crimes and other atrocities in Ukraine. In response to CSP’s long-standing call for closer collaboration between the OSCE and civil society, North Macedonia, which assumes the Chairmanship of OSCE in 2023, committed to appoint a Special Representative on Civil Society Organizations.
Looking Ahead to 2023: North Macedonia
Despite Russia’s isolation, its war against Ukraine continues even as Poland plans to pass the leadership of the Organization to North Macedonia as of January 1, 2023.
As the incoming Chairman-in-Office, Foreign Minister Bujar Osmani pledged that North Macedonia’s tenure “will be guided by strict observance of OSCE principles and commitments.” He further stressed the cooperative nature of regional security, noting, “Safeguarding OSCE values and respect for international law must be a shared priority. This is of utmost importance. Rebuilding trust and engaging in meaningful dialogue presupposes full compliance with the agreed OSCE commitments and principles. We all have to be accountable for our actions. This is the formula for the way forward.”