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American Scientist Suffers Under Turkey’s Faltering Rule of Law
Tuesday, September 19, 2017

By Everett Price,
Policy Advisor

From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM).  The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns.

This feature article on Turkey coincides with the September 19 session of HDIM 2017, which focuses on whether OSCE participating States are implementing their commitments related to rule of law. On September 11, the first day of the meeting, the Turkish delegation walked out to protest that an NGO it alleged has ties with the Gulen movement was allowed to register for HDIM.

A NASA scientist based in Houston, Texas has spent the last 14 months in a Turkish prison, caught in the same dragnet that has ensnared tens of thousands of Turkish nationals since the failed coup attempt that played out in Turkey during the night of July 15, 2016. The scale of the Turkish government’s crackdown since that chaotic night is difficult to comprehend, but this scientist’s story illustrates the kind of ordinary lives that the sweeping purges upended with only the slimmest of justifications.

A 37-year old dual citizen of the United States and Turkey, Serkan Golge is married to Kubra, also a dual US-Turkish national. The couple has two young sons, aged eight and one.  They have lived in a two-story home in a quiet suburb of Houston since 2013, when Serkan landed a contract as a senior research scientist at NASA’s Johnson Space Center, focusing on the effects of solar radiation on the astronauts aboard the International Space Station.

Serkan’s mind, once immersed in scientific observation and the boundless expanse of outer space, is now mostly trapped in the contemplation of his small prison cell and the national political drama that landed him there. For the past 14 months, he has been detained in Iskenderun prison on the Mediterranean coast of southeastern Turkey, 25 miles from the Syrian border—he has spent the last 12 months in solitary confinement, allowed outside his cell just one hour every day.

***

On the morning of July 23, eight days after the failed coup, Serkan and his family were wrapping up a month-long stay with his parents in Antakya, Turkey.

The surreal night of the coup attempt, including pitched street battles between rebel military units and civilians in Istanbul and Ankara, had seemed a world away to the Golges on vacation in Turkey’s southern Hatay province. But as Serkan and his family were loading up a car to go to the airport to begin their return trip to Houston, the coup’s aftermath arrived at their doorstep.

Plainclothes state security officials approached Serkan as he emerged from the house and detained him on suspicion of membership in the so-called “Fethullah Terrorist Organization” (FETO) that the Turkish government has accused of plotting the overthrow attempt. “FETO” is the pejorative term coined by the Turkish government for a major social and religious movement in Turkey led by the Islamic cleric Fethullah Gulen who has lived in self-imposed exile in Pennsylvania since 1999.

Once a political ally of President Recep Tayyip Erdoğan’s conservative Justice and Development Party (AKP), the Gulen movement fell out with AKP officials in recent years as the movement asserted its independence in various state organs, particularly the courts. President Erdoğan perceived the Gulen movement as a threat and started to purge its allies in state ministries, followed by the private sector. It was no surprise to most observers when Erdoğan declared “FETO” responsible for the coup and moved to eviscerate every last remnant of the group in Turkish institutions, whether in the public sector, business, media, civil society, or education. 

Serkan is currently on trial and faces up to 15 years in jail if convicted of belonging to “FETO.” Yet the evidence that ostensibly links him to the organization, establishing his complicity in the coup and justifying his prolonged detention, is astonishingly thin. A distant disgruntled relative appears to have denounced Serkan to authorities to settle an old score relating to an inheritance dispute. Based on the relative’s statements, authorities arrested Serkan and raided his parents’ home where they seized upon a single one-dollar bill as evidence. Turkish authorities claim that Fethullah Gulen gave blessed American dollar bills to his followers; thus, national security trials around the country have scrutinized countless dollar bills in their deliberations.

His relative further testified to his suspicion that Serkan worked for the CIA. When questioned about this at trial, the relative acknowledged that his claim was based solely on the fact that Serkan lived in the United States. Authorities have also questioned Serkan about his college degree from a major Gulen-affiliated university that the government closed in 2016. He reminded authorities that he attended the university on a government-funded scholarship—a reminder of the ruling party’s formerly cozy relationship with the organization it now denounces as public enemy number one.

A dollar bill, a U.S. passport, and a college degree: this is the evidence that has landed an American citizen in solitary confinement for a year in Turkey.

***

Serkan’s experience reflects the plight of the tens of thousands of people arrested, imprisoned, or fired from their jobs for suspicion of involvement in the attempted coup. The state of emergency decrees that paved the way for these massive purges did not specify the criteria for detention and dismissal. As a result, baseless assertions about an individual’s suspected links to “FETO” have caused people to lose their jobs, be stripped of their professional licenses, or thrown in jail without even the most minimal due process.

In all, the government has detained more than 110,000 people, of whom 50,000 are under arrest. These detentions have swelled Turkey’s prison population and prompted the government last year to release 38,000 inmates just to make room for the influx. Reliable information is not available for the number of ongoing trials or convictions but last month the government issued a decree extending the maximum pre-trial detention period from five to seven years, underscoring how prolonged detention without conviction can serve as punishment itself.

Of the 140,000 people who lost their jobs, so far 30,000 have been allowed to return to work. Meanwhile, 80,000 people who lost jobs have appealed their cases to a temporary State of Emergency Procedures Investigation Commission established by Ankara in July 2017.

The case load created by the purges would strain the judicial system under normal circumstances, but the situation faced by the Turkish judiciary today is anything but normal.  Prior to the coup attempt, President Erdogan had already embarked on a campaign to extend his influence over the judicial branch and promote party loyalists within its ranks. In the coup’s aftermath, this campaign kicked into high gear. Since July 2016, President Erdogan dismissed more than 4,200 judges and prosecutors—approximately a quarter of the total—on suspicion of subversive loyalties.  Of the 900 new judges recruited as replacements in April, opposition leaders claim 800 have ties to the ruling party. 

The independence of the Turkish judiciary further eroded in April 2017 when a controversial nationwide referendum narrowly approved constitutional changes that increased the President’s influence over the Council of Judges and Prosecutors (CJP). The powerful CJP “oversees the appointment, promotion, transfer, disciplining, and dismissal” of judges. Under the newly enacted constitutional amendments, the President now appoints nearly half of the CJP and the Turkish parliament appoints the rest, easily giving the ruling party a majority on the council. 

Straining under the weight of an overwhelming case load and immense political pressure, Turkey’s judiciary appears to lack the capacity and capability to deliver timely and credible justice for Serkan Golge and thousands like him.

***

Back in Houston, the Golges’ house is now on the market. Kubra has opted to remain in Turkey, living with her in-laws in Antakya; she fears that even if the government let her and her sons out of the country it might not let them back in.  She covered the mortgage from abroad for the past year, but the mounting financial pressure was unsustainable. Her eldest son should have begun second grade this month at his local public school in Houston. He says he misses his old room, his books and toys.

She is able to visit Serkan once a week where she and the children can speak to him by phone through a glass pane. Once every two months, they can meet in person and embrace, always under the watchful gaze of prison guards. Serkan’s next trial date is set for October 13th. For now, the Golge’s homecoming in Houston is postponed indefinitely: every new hearing brings with it the hope of acquittal and the dread of an unjustified conviction. 

In May, the Helsinki Commission’s leadership, joined by the co-chairmen of the Tom Lantos Human Rights Commission, sent a letter to President Trump urging him to raise Serkan’s case, among others, with President Erdogan during the latter’s official visit to Washington. The letter highlighted the cases of other American prisoners and a detained veteran Turkish employee of the U.S. Consulate in Adana accused of supporting a Kurdish terrorist organization. The letter further encouraged the President to seek consular access for U.S. diplomats to detained Americans in Turkey—a courtesy the government has so far denied them. The Commission will continue to highlight these and other cases in Turkey and urge Ankara to uphold its commitments as a participating State of the OSCE to human rights, democratic principles, and the rule of law.

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Veasey, and 35 other Members of the United States Congress, including the Congressional Black Caucus Chair, called for a sweeping plan of action following the European Parliament’s Juneteenth Day resolution supporting protests against racism and police brutality. Chairman Hastings and Rep. Gregory W. Meeks (NY-05) also issued a statement regarding foreign affairs funding for diverse, global anti-racism programs, commemorating John Lewis’ yearly leadership in securing these appropriations requests. In September, Chairman Hastings and other Helsinki Commissioners joined members of the European Parliament’s Civil Liberties Committee and Subcommittee on Human Rights to discuss combating racism and systemic discrimination on both sides of the Atlantic. In October, Ranking Member Cardin joined the office of the OSCE High Commissioner on National Minorities for an online event that evaluated the applicability of the 2006 Recommendations on Policing in Multi-Ethnic Societies, highlighted relevant legislation, and discussed structural changes to address discriminatory police violence. Ahead of International Roma Day in 2020, the Helsinki Commission hosted a discussion about racism against Roma, the largest ethnic minority in Europe who have historically faced enslavement and continue to battle discrimination. The conversation focused on the state of Roma rights in Europe, as well as resolutions introduced by Helsinki Commission leaders to celebrate Romani American heritage. Reports from nearly every corner of the OSCE region suggest that minority groups have been impacted especially hard by the COVID-19 pandemic, and an extended episode of "Helsinki on the Hill" takes an in-depth look at the pandemic’s impact on vulnerable populations, such as the Roma, and the role of governments in addressing that impact. In December 2019, the Helsinki Commission convened a hearing to focus on public diplomacy initiatives that cultivate leaders who espouse democratic principles, including inclusive and representative governance. The commission also released a podcast discussing how to achieve equitable and inclusive democracies  through political inclusion and economic empowerment. Guests discussed their experiences on the front lines of the fight for greater diversity and inclusion in Europe, and in the transatlantic policymaking space more broadly.  Members of the Helsinki Commission have long supported diversity and inclusion efforts in international affairs including through the annual Transatlantic Inclusion Leaders Network (TILN) workshop, a hearing about the state of diversity and inclusion in Europe, and a new transatlantic democracy program for youth “On the Road to Inclusion.” In March 2020, Chairman Hastings introduced the Leadership Institute for Transatlantic Engagement (LITE) Act, calling for the creation of a transatlantic institute focused on strengthening democratic principles and values in the West, as well as pioneering inclusive and intergenerational solutions to current challenges that would empowering individuals across generations and from diverse backgrounds with the knowledge, tools, opportunity, and access to fully participate in their democracies. The commission also supports diversity in the diplomatic corps. Chairman Hastings, Co-Chairman Wicker, and Ranking Member Cardin joined bipartisan Congressional efforts to support annual funding for State Department and USAID diversity fellowship programs, as well as study abroad opportunities. Parliamentary Diplomacy Parliamentary diplomacy advances comprehensive security and democratic institutions in the OSCE region and acts as a tool to promote safe, inclusive and equitable societies. Commissioners have championed the development of parliamentary assemblies for regional organizations throughout the world and participate regularly in the OSCE Parliamentary Assembly (OSCE PA), which offers opportunities for engagement among parliamentarians from OSCE participating States. The Helsinki Commission organizes bicameral U.S. delegations to OSCE PA meetings throughout the year. With 17 of 323 seats, the United States has the largest representation in the assembly. In the 116th Congress, commissioners explored ways to defend human rights, hold the Kremlin accountable, and maximize cooperation with OSCE Mediterranean partners at OSCE PA meetings. Commissioners visited Hungary, Tunisia, Israel, and Morocco in bipartisan delegations aiming to strengthen shared principles, and Commissioners reported on these visits at OSCE PA meetings as well. Co-Chairman Wicker led the largest bipartisan, bicameral U.S. delegation in history to the 28th Annual Session of the OSCE PA in July 2019 in Luxembourg. At this annual session, Helsinki Commission Ranking Member Cardin, who also serves as OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, hosted a U.S. side event in his capacity as Special Representative on the topic of adopting an action plan to counter hate and foster inclusion. Following a two-day seminar organized by Helsinki Commission and the OSCE PA in February 2020, Future Leadership for Political Inclusion in the OSCE Region: A Seminar for Young Parliamentarians, nearly 20 young legislators from OSCE participating States issued a joint declaration emphasizing the important role young people must play in addressing human rights and security challenges across the world. The commission hosted OSCE PA officials for a briefing in December of 2019 to share a parliamentary perspective on the priorities and objectives of the Albanian chairmanship of the OSCE amid regional conflicts and resistance to democratic reforms in some countries in the OSCE region. The commission also regularly hosts hearings, convenes panels, and participates in events related to parliamentary diplomacy, highlighting the important role the OSCE PA and other parliamentary assemblies play in holding governments accountable to standards of cooperation and human rights. Corruption During the 116th Congress, the Helsinki Commission promoted efforts to combat corruption in the OSCE region, recognizing it as a threat to democracy, security, and human rights. The commission’s work focuses on authoritarian kleptocracy, a form of autocratic government that relies on financial globalization and secrecy to steal and maintain power. Members of the Helsinki Commission introduced the Rodchenkov Act, the Kleptocrat Exposure Act, the Combating the Illicit Trade in Tobacco Products Act (CITTPA), the Countering Russian and Other Overseas Kleptocracy (CROOK) Act, the Foreign Extortion Prevention Act, and the Transnational Repression Accountability and Prevention (TRAP) Act. The Rodchenkov Act passed through both chambers of Congress and was signed into law by President Trump on December 4, 2020. The act establishes criminal penalties for doping schemes, provides restitution for victims, protects whistleblowers from retaliation, and shares information with the U.S. Anti-Doping Agency. Passage of the bipartisan legislation was spearheaded by Co-Chairman Wicker and Commissioner Sen. Sheldon Whitehouse (RI) in the Senate and former Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) in the House of Representatives. “This legislation is a great bipartisan accomplishment for the rights of athletes, the protection of whistleblowers, and our common goal of keeping criminals out of international sports,” said Co-Chairman Wicker.  The commission also organized briefings to draw attention to issues like money laundering and official corruption, as well as to share best practices on innovative corruption policies.

  • COVID-19 IMPACTS OSCE’S 2020 HUMAN DIMENSION WORK

    By Erika Schlager, Counsel for International Law; Janice Helwig, Senior Policy Advisor;  and Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE The regular and planned schedule of OSCE meetings for 2020 was significantly altered by the COVID-19 pandemic. It now falls to the 2021 Chair-in-Office, Swedish Foreign Minister Ann Linde, to steward the Organization—and its human dimension activities—through the next phase of the pandemic. Changes to the OSCE’s regular order began on March 14, when Austrian authorities ordered a lockdown in response to the emerging pandemic.  OSCE meetings in Vienna, where the OSCE is headquartered, were canceled for the second half of that month.  Pressing business was conducted remotely, which allowed the Permanent Council to renew the mandate for the Special Monitoring Mission (SMM) in Ukraine and adopt the SMM budget on March 19.  After a regularly scheduled recess from April 6 to April 17, some OSCE meetings resumed as the organization shifted to primarily online meetings.  Some used a “hybrid” or “blended” format, permitting in-person engagement in Vienna (to the extent that in-person gatherings were allowed by changing local health measures), reinforced by additional participation through videoconferencing.  Two-day Supplementary Human Dimension Meetings, the Alliance Against Trafficking meeting, and the Annual Security Review Conference were held in a hybrid format.  Some other meetings, such as the annual Human Dimension Seminar in Warsaw, were not held at all.  Separately, the OSCE Parliamentary Assembly canceled its annual session, which had been scheduled in Vancouver in July. 2020 Human Dimension Implementation Meeting As the participating States and the OSCE institutions strove to adjust to circumstances created by the COVID-19 pandemic, convening the annual Human Dimension Implementation Meeting (HDIM) presented particular challenges due to its length and complexity. Reflecting the extraordinary times, the 2020 Human Dimension Implementation Meeting was canceled by decision of the participating States. Spanning two weeks, the HDIM is significantly longer than other OSCE meetings. It typically draws more than a thousand representatives of government and civil society from across the OSCE’s expansive time zones. According to its mandate, the HDIM holds six hours of formal sessions each day covering the full range of human dimension concerns including freedoms of assembly, association, expression, and religion or belief; countering anti-Semitism, racism, and xenophobia; and democratic institutions such as free and fair elections, the rule of law, and independence of the judiciary.  Dozens of side events are also organized by nongovernmental organizations, OSCE institutions, other international organizations, and participating States, which meet for up to an additional six hours a day. Side events allow participants to focus on specific issues of concern in greater depth. The most significant aspect of HDIM is that civil society representatives may speak during formal sessions on equal footing with government representatives.  Governments and civil society alike use HDIM as a forum to cultivate contacts among and between civil society and governments.  As a practical matter, the critical human rights violations that would be the focus of any implementation review were unabated by the pandemic.  On the contrary, some governments used the pandemic to distract from their long-standing human rights shortcomings. In addition, the pandemic created additional areas of concern, such as government surveillance ostensibly related to health monitoring, punitive measures against real or alleged critics of a government’s pandemic responses, and the scope and duration of emergency measures adopted in response to the pandemic. When considering how to hold the HDIM in the context of COVID-19, organizers and participants alike debated how, or indeed whether, HDIM’s unique aspects could be shoe-horned into an on-line format. The United States argued that the HDIM could and should be convened in an adjusted, blended format.  “It is precisely because of the impact of the pandemic on human rights and democracy that the HDIM must be held. [. . .] 2020 is EXACTLY the year we need HDIM most.” Harry Hummel, advisor to the Netherlands Helsinki Committee with extensive experience attending HDIMs, noted that some of these challenges had already been met for the first two Supplementary Human Dimension Meetings and that hybrid meetings would have some advantages.  However, he concluded that all online or hybrid HDIM variants would have significant disadvantages for civil society, particularly since one of the most important components of the HDIM—informal, person-to-person contacts—could not be replicated virtually A majority of OSCE participating States agreed. After extensive consultations among participating States, the Chair-in-Office, and the Office for Democratic Institutions and Human Rights (ODIHR) —the OSCE institution mandated to organize the HDIM—the Permanent Council decided on September 11 that the HDIM (originally scheduled for September 21–October 2) would, exceptionally, not take place in 2020 due to the unprecedented, extraordinary, and unpredictable circumstances caused by the ongoing COVID-19 pandemic.  The Permanent Council also stated that this decision did not establish any precedent for the organization of future HDIMs. Following the announcement, Chairman Alcee Hastings stated, “We should use this time wisely by redoubling our efforts to ensure that all OSCE participating States implement their OSCE commitments. The pandemic has revealed—and in some cases amplified—human rights shortcomings, democratic weaknesses, racial inequities, and social vulnerabilities across the region.”  At a hearing before the Helsinki Commission on September 17, OSCE Chair-in-Office Edi Rama reaffirmed the importance of HDIM. He stated, “This is a huge loss for our organization. Together with [the] Permanent Council, [the] Human Dimension Implementation Meeting is a constituent part of the OSCE’s mechanism for the review and assessment of the implementation of our commitments.” Working to Keeping Human Dimension Issues Top of Mind To provide an additional platform in 2020 for human dimension issues, the OSCE held a series of webinars between September 28 and November 6, 2020, organized by ODIHR in cooperation with the Office of the Representative on Freedom of the Media (RFoM) and the Office of the High Commissioner on National Minorities (HCNM), and with the support of the 2020 Albanian OSCE Chairmanship.  The sessions focused on racism, xenophobia, and intolerance and discrimination; combating racism and discrimination against Roma; the rule of law; access to information and freedom of the media; democratic lawmaking; multilingual education; and human rights defenders. Some of the webinars touched on subjects such as the prevention of torture (part of the discussion on human rights defenders) and access to information that also were the subject of subsequent negotiations for Ministerial Council decisions.  Although the webinars raised important human rights issues, they could not substitute for the HDIM, particularly as their format and short duration did not permit significant dialogue with civil society. Looking Ahead to 2021 In a December 3 address to the annual OSCE Ministerial Council, U.S. Deputy Secretary of State Stephen Biegun called for sustained vigilance. “We must press governments to uphold their human dimension commitments, give audience to the voices of civil society, and hold a Human Dimension Implementation Meeting in 2021 where governments are called to account for their actions,” he said. As 2021 Chair-in-Office, Sweden will have the task of consulting with the participating States on the entire calendar of OSCE meetings and events, continuing to adjust plans as needed in light of the COVID-19 pandemic. There has been strong support among participating States for moving the HDIM, which is typically been held in the early fall, to earlier in the year to prevent any conflict with the annual United Nations General Assembly meeting.  Given the inability to hold a regular HDIM in 2020, if public health conditions permit, it would be ideal to move the HDIM forward in 2021.

  • Europe Whole and Free? The Future of the OSCE

    On November 20, the Woodrow Wilson Center, in cooperation with the U.S. Helsinki Commission, hosted “Europe Whole and Free: The Future of the OSCE.” The event discussed a divided Europe and the responsibility of the United States to help obtain peace on the continent. The event featured Helsinki Commission Ranking Member Sen. Ben Cardin (MD) and Commissioner Rep. Robert Aderholt (AL-04), as well as other leading voices on European security and cooperation. The event celebrated the 30th anniversary of the Charter of Paris for a New Europe, which was signed by 34 heads of state and government during a Conference on Security and Cooperation in Europe Summit (CSCE) held in the French capital from November 19 to 21, 1990. The political agreement charted a path forward following Cold War confrontation and ushered in a new era as states made an unprecedented commitment to domestic individual freedoms, democratic governance, human rights, and transnational cooperation. By institutionalizing the CSCE as a platform to realize peace and security, this process created the Organization for Security and Cooperation in Europe (OSCE), which today is the world’s largest regional security organization, comprising 57 participating States. Participants delved into the history of the Helsinki Final Act and the Charter of Paris, acknowledging that these agreements hold particular importance as milestones of European and transatlantic cooperation. They also expressed optimism concerning transatlantic cooperation under President-elect Joe Biden and stressed the importance of continuing dialogue regarding Charter of Paris commitments. “I think Joe Biden recognizes that U.S. involvement globally is going to be in the United States’ interest,” said Sen. Cardin. “You’re going to see a president who will embrace those allies that share our values, but he’ll engage all of the countries. But he’ll be anchored in our values, which, by the way, are the Helsinki Final Act values and reinforcing the Charter of Paris.” As democracy and human rights are systematically challenged in the OSCE region, Robert Ryberg, Deputy Deputy Minister for Foreign Affairs of Sweden and incoming OSCE Chair-in-Office, noted that recent developments in Ukraine and Belarus demonstrate that nearly all serious challenges to the OSCE region’s security stem from situations where the fundamental principles of Helsinki and Paris are not respected. Many speakers pointed out the need for accountability within the OSCE and reinvigorated political investment from participating States in order to realize Chart of Paris ideals. “As no one participating in that Paris Charter could predict the collapse of the Soviet Union, which at that time was literally only a year away, we cannot yet see the contours of the world that will emerge from the lockdowns that we are seeing now and this disruption that the coronavirus has really brought to the entire world,” said Rep. Aderholt. “Whatever the future holds, I believe that a revitalized OSCE will be a powerful asset for our leaders as they navigate in a new era and as we continue to call upon all governments to respect inalienable rights.” Speakers also called for a reinvigoration, and in some cases reform, of the OSCE, as well as the promotion of multilateralism, as avenues to continue the vital work of the OSCE.   Photos Courtesy of the Woodrow Wilson Center and the Ministry of Foreign Affairs of France​ 

  • A Parliamentary Perspective on the 30th Anniversary of the Charter of Paris

    On November 20, the OSCE Parliamentary Assembly (OSCE PA) and the French Delegation to the OSCE PA hosted a commemorative event celebrating the 30th anniversary of the Charter of Paris for a New Europe. Speakers reflected on the momentous document and discussed how to the OSCE can continue to provide value within today’s complex international framework. The Charter of Paris was signed by 34 heads of state and government during a Summit of the Conference on Security and Cooperation in Europe (CSCE) in the French capital from November 19 to 21, 1990. The political agreement charted a path forward following Cold War confrontation and ushered in a new era as states made an unprecedented commitment to domestic individual freedoms, democratic governance, human rights, and transnational cooperation. The agreement led to the institutionalization of the CSCE as well as the regularization of its meeting, setting the stage for the transformation of the ongoing conference to an organization, the OSCE, in 1995.  This included the founding of the Parliamentary Assembly in 1991.  As the Charter of Paris turns 30, speakers reflected on its history and expression of hope for unity, stability and peace – goals which seemed attainable at the time but appear more distant today. Ann Linde, the Minister for Foreign Affairs of Sweden and incoming OSCE Chairperson-in-Office, stressed the OSCE and OSCE PA’s critical role in resolving challenges that threaten the OSCE region’s collective security, such as Russia’s violation of Ukraine’s territorial integrity and the post-election crackdown in Belarus. OSCE PA President George Tsereteli said, “it is clear that we as politicians and parliamentarians need to work very hard.” He encouraged his colleagues to confront crises in democracy and strive to realize Charter of Paris commitments. Participants of the event acknowledged the need to strengthen participating States’ commitments to the charter’s ideals through cooperation and dialogue. These calls for action were within the context of current geopolitical conflicts, as well as an effort to find ways to reach consensus with Russia. “The OSCE has become the premier international organization promoting human rights… It is a proud record, but it’s a record that can be improved. The OSCE needs to work on openness, access to non-governmental organizations. But the problem within the OSCE states today is principally noncompliance of the states with the principles, not the deficiencies in the organization itself,” said Helsinki Commission Ranking Member and OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance, Sen. Ben Cardin. “Every state can do better,” Cardin said. “So, let us on this 30th anniversary of the Paris Charter remember our mission to build, consolidate, and strengthen democracies as the only system of government of our nations. You cannot be neutral in democracy.”

  • The OSCE Celebrates 30 Years of the Charter of Paris

    By Emma Derr, Max Kampelman Fellow November 21, 2020, marks the 30th anniversary of the Charter of Paris for a New Europe,  a groundbreaking document of the Conference on Security and Cooperation in Europe (CSCE). The charter was signed by 34 heads of state and government during a CSCE Summit in the French capital from November 19 to 21, 1990. The political agreement charted a path forward following Cold War confrontation and division caused by Soviet domination in the east. It ushered in a new era as states made an unprecedented commitment to domestic individual freedoms, democratic governance, human rights, and transnational cooperation. By institutionalizing the CSCE as a platform to realize peace and security, this process transformed the multilateral Conference into the Organization for Security and Cooperation in Europe (OSCE), which today is the world’s largest regional security organization, comprising 57 participating States. The charter states, “Europe is liberating itself from the legacy of the past. The courage of men and women, the strength of the will of the peoples and the power of the ideas of the Helsinki Final Act have opened a new era of democracy, peace and unity in Europe.” Known by many as the “Helsinki Process,” both the CSCE and its OSCE successor have been based on ten principles guiding relations between participating States, enshrined in the Helsinki Final Act. The charter marks a triumph of the comprehensive definition of security these principles represent and a moment of unity, which participating States hoped to maintain through enhanced cooperation. During the OSCE’s three-session Security Days event in October “Revitalizing Trust and Co-operation in Europe: Lessons of the Paris Charter,” former U.S. Secretary of State James A. Baker III, who played a leading role in the charter’s formation, recalled signing the agreement as an “optimistic, almost festive event.” “It encapsulated so much that was positive about the process that had begun with the Helsinki Final Act in 1975,” he said. “It envisioned a new and inclusive continent based largely on western values, particularly the value of democracy.” The Enduring Value of the OSCE Since 1990, the OSCE has acted as a forum for political dialogue and a platform for joint action across North America, Europe, and Asia through its institutions, structures, and field operations. As its occupation of Crimea and military intervention in Eastern Ukraine have led to Russia’s isolation and sanctions by the United States and others in recent years, the OSCE is one of the few remaining multilateral forums for American diplomats to directly engage with their Russian counterparts. As an organization promoting the principles of democracy and as a forum for conflict resolution, the OSCE is a valuable tool to hold authoritarian regimes accountable throughout the region, which stretches from Vancouver to Vladivostok. Chairman of the U.S. Helsinki Commission Rep. Alcee L. Hastings and U.S. Ambassador to the OSCE James S. Gilmore III see the OSCE as a forum where the United States remains engaged and committed to the ideals cemented in the Charter of Paris. “Through the OSCE, the United States directly confronts the deceit of Russia and other authoritarian powers. By raising our voices, through our participation and leadership, we reassure our friends that the United States stands with them and supports our shared values against the growing tide of autocracy,” Rep. Hastings and Amb. Gilmore stated in an August 2020 op-ed. The organization continues to play a critical role in regional conflicts in and amongst participating States. The OSCE’s Special Monitoring Mission (SMM) to Ukraine is the only independent observer group with a permanent presence in the war zone. “The OSCE’s broad membership and comprehensive definition of security make it an ideal platform to advocate for our interests in a vital region,” stated Helsinki Commission Co-Chairman Sen. Roger Wicker and Ranking Member Sen. Ben Cardin in a 2018 article describing the OSCE’s timeless value. “Its institutions remain singularly placed to moderate regional conflicts, promote respect for human rights, and safeguard essential elements of democracy.” The OSCE operates field missions in 13 participating States with the goal of supporting the development of host countries’ democratic institutions, legal frameworks, and ability to meet various human rights, media freedom, and policing commitments. OSCE field mission staff are praised by Carnegie Europe Senior Fellow Thomas de Waal as “some of the unsung heroes of Europe’s darkest corners.” The Charter of Paris articulated a new era of economic commitments, and the OSCE provides frequent opportunities for representatives of OSCE governments to discuss best practices concerning free market economies, economic cooperation and environmental issues. The OSCE also organizes international election observation missions to transitional and well-established democracies alike, observing and reporting on adherence to democratic election commitments. New Challenges Much has changed since the end of the Cold War, and the anniversary of the charter provides an opportunity to renew commitments to cooperation and examine how the OSCE will meet current and emerging challenges. During October’s Security Days event, former OSCE Secretary General and former High Commissioner on National Minorities Ambassador Lamberto Zannier called for reinvigorated political support and investment by participating States to enable the OSCE to continue its vital work. He cited the post-Soviet transition in Ukraine and Serbian elections in Kosovo as examples of these efforts. During his remarks at the event, Baker concluded that in this spirit, the OSCE can find new methods of cooperation to meet 21 century challenges. “Our message should not be much different than it was three decades ago,” he said. “States should fulfill the promises they made in the Paris charter 30 years ago.” The 30th anniversary inspired other webinar discussions, such as IFSH Hamburg’s Event, “30 Years Charter of Paris: Lessons for Pragmatic Cooperation in the OSCE Area,” which discussed the strengths and weaknesses of the Charter of Paris, as well as potential reforms to the OSCE. The Stockholm International Peace Research Institute (SIPRI) also engaged in the anniversary and hosted the event “(Dis)functional International Security Institutions? The Organization for Security and Cooperation in Europe (OSCE) Today.” The OSCE’s Parliamentary Assembly and the French Delegation to the Assembly held an online, public discussion “The 30th Anniversary of the Charter of Paris: A Parliamentary Perspective,” on November 20, which discussed how to the OSCE can continue to provide value within today’s complex international framework. Finally, on November 20, the Woodrow Wilson Center in cooperation with the U.S. Helsinki Commission also hosted an event, “Marking the 30th Anniversary of the Charter of Paris for a New Europe - Europe Whole and Free: The Future of the OSCE.” The discussion included the U.S. Helsinki Commission’s Ranking Member Sen. Ben Cardin and Commissioner Rep. Robert Aderholt, as well as other leading voices on European security and cooperation.   Photos Courtesy of the Ministry of Foreign Affairs of France​

  • Albanian Prime Minister Edi Rama to Appear at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: ALBANIA’S CHAIRMANSHIP OF THE OSCE Responding to the Multiple Challenges of 2020 Thursday, September 17, 2020 1:00 p.m. Watch Live: www.youtube.com/HelsinkiCommission In 2020, Albania holds the chairmanship of the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—with a multi-dimensional mandate and a 57-country membership stretching from North America, across Europe, and to Central Asia and Mongolia. This year, the OSCE has faced the unprecedented challenge of a global pandemic and the clear urgency of action against racism, while maintaining its necessary focus on other longtime concerns often impacted by these developments.  These concerns include Russia’s continued aggression in Ukraine and threats to other nearby or neighboring countries; protracted conflicts in Transnistria, Georgia, and Nagorno-Karabakh; and political leaders in Belarus as well as in Russia, Azerbaijan, Turkey, and other OSCE countries seeking to undermine democratic institutions and stifle dissent in every sector.  Many countries are struggling—or failing—to live up to their OSCE commitments in the areas of human rights, democracy, and the rule of law. Vulnerable communities, including migrants, are targets of discrimination and violence.  Uncertainties in the Western Balkans and Central Asia remain.  The recent decision of some countries to block reappointments of senior officers at key OSCE institutions undermines the organization at a time when effective contributions to security and cooperation across the region are so deeply needed. The Helsinki Commission regularly holds a hearing allowing the annually rotating OSCE chairmanship to present its priorities for the year and to exchange views on current issues. Albanian Prime Minister Edi Rama, who holds his country’s foreign affairs portfolio, will appear at this hearing to discuss the performance of the OSCE thus far in 2020 and to share his views in advance of the OSCE Ministerial Council meeting scheduled for early December.

  • Hastings and Wicker Condemn Apparent Poisoning of Alexei Navalny

    WASHINGTON—Following today’s apparent poisoning of Russian opposition leader Alexei Navalny, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following joint statement: “Sadly, Alexei Navalny is the latest in a long line of Russians to be targeted for supporting freedom and democracy in their country. These attacks are intended to silence dissent, but instead they highlight the cruelty, intolerance, and lawlessness of the Putin regime. We hope there will be consequences for those who carried out this crime and for those who approved it. We join many from around the world in praying for Alexei as he now fights for his life.” Navalny fell suddenly and seriously ill on a flight from Tomsk, Russia, to Moscow on the morning of August 20, 2020. The flight made an emergency landing and paramedics rushed Navalny to the hospital. He remains unconscious and on a ventilator, in stable but serious condition. Navalny has been the subject of numerous attacks and arrests connected to his anti-corruption work. In July 2019, Chairman Hastings and Co-Chairman Wicker expressed concern about Navalny’s hospitalization for an unknown “allergic reaction” following his arrest by Russian authorities ahead of pro-democracy protests. Navalny is the latest in a series of political activists who have been poisoned after opposing the Putin regime.  Former Russian military intelligence officer and British double agent Sergei Skripal and his daughter Yulia were almost killed in Salisbury, England by exposure to the nerve agent Novichok in 2018. Russian democracy advocate Vladimir Kara-Murza was poisoned in 2015 and 2017. Former FSB officer Alexander Litvinenko died from radiation poisoning in London in 2006. In 2004, journalist Anna Politkovskaya was sickened on a flight; she survived only to be shot two years later.  These and similar instances are widely considered to be organized and sanctioned by the highest levels of the Russian Government.

  • The OSCE: A Bulwark Against Authoritarianism

    As we mark the 45th anniversary of the 1975 signing of the Helsinki Final Act, the founding document of today’s Organization for Security and Cooperation in Europe (OSCE), the ideals of democracy that had been advanced by that pact—freedom of speech, freedom of religion, and civil liberties—are under threat. In 1975, Soviet totalitarianism was the great threat to human rights and fundamental freedoms; today, authoritarianism poses a growing threat to human dignity and rights in the region. Authoritarianism is a fact of life in much of Eurasia, a reflection of the actual worldwide tension between countries defending universal human rights obligations and countries attempting to undermine trust in democratic institutions and promote an authoritarian model. This is true not only in repressive nations like Russia; even among some U.S. partner countries, there are warning signs. Some nations have also taken it upon themselves to block vital leadership roles in international institutions during a global pandemic unlike anything we have seen in a century. The ultimate outcome of this conflict is up to us. Liberty and human rights will prevail, but only if freedom-loving people everywhere join together to defend and preserve human rights and fundamental freedoms for all. Many international institutions dedicated to freedom and human rights were founded with U.S. support in the wake of World War II, in which more than a million U.S. citizens were either killed or wounded and trillions of dollars spent on the effort to defeat fascism. Democratic ideals are ingrained in the founding charters that established those organizations. For nearly 75 years, such institutions have consistently served as a bulwark against totalitarianism, communism, terrorism, and other forms of tyranny; limited conflict among nations; helped raise millions out of poverty; and spread democratic values throughout the world. The OSCE grew out of the Helsinki Final Act, a 1975 political agreement among the United States, Canada, the Soviet Union, and other European nations. Signed by both democratic and communist regimes, the Final Act acknowledged openly that respect for human rights within states is crucial to security among states, and that human rights concerns could legitimately be raised among signatories. Today, the OSCE is the world’s largest regional security organization, encompassing 57 countries in Europe, as well as the United States and Canada.  It includes Russia, Ukraine, and many other successors of the former Soviet Union, reaching as far east as Central Asia and Mongolia, and north beyond the Arctic Circle. The phrase “Vancouver to Vladivostok” accurately describes the organization’s reach. With its “comprehensive concept of security,” the OSCE addresses military security, economic and environmental cooperation, and human rights and takes steps to prevent, manage, and resolve conflict within and among its members. The OSCE also supports the democratic development of nations that gained or regained independence in the post-Cold War period and are still finding their footing, often torn between corruption and the promise of a democratic future. Thirteen OSCE field missions operate in member countries seeking assistance in developing their democratic institutions. The OSCE recognizes and supports the important role played by civil society and the media in holding governments to account for blatant human rights violations and abuses of power. Unprecedented Gap in OSCE Leadership OSCE institutions—including its assembly of national legislators—foster an essential defense against the spread of authoritarianism. However, despite its comprehensive vision, we are now faced with an unprecedented gap in leadership at the OSCE due to the block on the extension of mandates for four senior leaders, including the Secretary General. Each week, the OSCE Permanent Council—comprising ambassadors to the OSCE from each participating State—meets in Vienna, Austria. In this forum, the United States seeks to shine a light on contraventions of States’ OSCE tenets and violations of international law. The OSCE independent institutions, like the field missions, carry those messages forward.  In addition to the organization’s other work defending human rights and fundamental freedoms, its Office for Democratic Institutions and Human Rights (ODIHR) manages the OSCE’s election observation missions, internationally recognized as the “gold standard” for their methodology. Other independent offices lead the OSCE’s work on Freedom of the Media and rights of national minorities. Unfortunately, in July, these vital institutions were deprived of strong and consistent leadership by countries—including Azerbaijan, Tajikistan, and Turkey—that seem intent on attempting to weaken the OSCE’s ability to hold countries accountable for their actions and undermining the principles of the Helsinki Final Act. The executive and legislative branches of the U.S. government are partners in bringing American leadership to support the OSCE’s work. Several times each year,  members of Congress—including lawmakers serving on the U.S. Helsinki Commission, which monitors implementation of the Helsinki Accords  —gather at meetings of the OSCE Parliamentary Assembly, where they secure political commitments and build mutually beneficial relationships among legislators from the OSCE’s participating States to help push back against anti-democratic actions by national governments. Unfortunately, several OSCE participating States—countries that have repeatedly committed to upholding the principles and values enshrined in the Helsinki Final Act— are exhibiting a troubling slide toward authoritarianism. The United States and our democratic allies have criticized efforts to restrict and persecute journalists, human rights defenders, civil society, members of the political opposition, and members of ethnic and religious minorities. We also have jointly criticized efforts to stifle media freedom and limit political pluralism in Russia, Belarus, Azerbaijan, Tajikistan, and Turkmenistan, as well as raised concerns about media consolidation in Hungary, and limitations on freedom of speech and freedom of the press elsewhere. Russia’s Destabilizing Actions No OSCE participating State bears more responsibility for fomenting mistrust, insecurity, corruption, and human rights violations and abuses in this region than the Russian Federation. Russia’s destabilizing actions contravene all 10 Helsinki Final Act principles, ranging from respect for human rights to the prohibition of military incursions into neighboring countries. Russia continues its aggressive actions in Ukraine, including its purported annexation of Crimea. The proxy forces Russia arms, trains, leads, and fights alongside in eastern Ukraine make it dangerous for the unarmed OSCE Special Monitoring Mission to Ukraine to fulfill its Permanent Council-approved mandate to monitor the conflict. Russia uses its resources—economic, political, informational, and military—to defeat freedom and democracy. Russia does not rely on military force alone to threaten democratic governance; it also uses hybrid tactics daily, ranging from cyber intrusions to influence campaigns — aimed at undermining democratic elections. We hope that someday, authoritarian countries like Russia will start behaving again according to the rules of international law. Unfortunately, these countries currently reject the values of democracy, liberty, and human rights. The authoritarian regimes view democracy as an existential threat—hence the actions some of them have taken to restrict the OSCE’s ability to do its work.  The struggle today is between those who believe authoritarianism is the right way forward and those of us who still believe that Thomas Jefferson was right in his declaration that the desire for freedom exists within the heart of every human being. In a hyper-connected modern world in which disinformation becomes an ever more powerful weapon and the divisions within free societies are exploited by malign actors, U.S. membership in organizations like the OSCE emphasizes clearly, openly, and emphatically that America will not cede the field to the authoritarian regimes. We will not allow them to be the ones to dictate what is truth and what is fiction. Human Rights and Ideals Just as Valid in 2020 Through the OSCE, the United States directly confronts the deceit of Russia and other authoritarian powers. By raising our voices, through our participation and leadership, we reassure our friends that the United States stands with them and supports our shared values against the growing tide of autocracy. By raising our voices, we remind allies and adversaries alike that the United States remains engaged and committed to what is fair, what is right, and what is true. Together, our U.S. Mission to the OSCE and the U.S. Helsinki Commission remind allies and adversaries alike that America will not ignore regimes that are actively hostile to our values and see our liberty as an existential threat. We will always prioritize respect for human rights and fundamental freedoms, defend the principles of liberty, and encourage tolerance within societies, because such efforts are vital to the promotion of democracy and to U.S. national security. We reject the authoritarian notion that our fundamental freedoms are a weakness. They are our greatest strength. The United States and other like-minded countries use the power of the OSCE to show that human rights and ideals are just as valid in 2020 as they were in 1975, when the Helsinki Accords were signed. These rights not only ensure the physical, economic, and mental wellbeing of all our populations, they make the countries’ governments stronger by building legitimacy in the eyes of their citizens. America’s unwavering support of these values through multilateral organizations like the OSCE remains vital. As noted in the Trump administration’s U.S. National Security Strategy, “Authoritarian actors have long recognized the power of multilateral bodies and have used them to advance their interests and limit the freedom of their own citizens.  If the United States cedes leadership of these bodies to adversaries, opportunities to shape developments that are positive for the United States will be lost.” The OSCE deserves to be recognized by the people of both the United States and our allies and partners as a valuable tool in the fight against autocracy. We must not abandon it by leaving its most important institutions without leadership beyond its 45th anniversary. Instead, through our efforts, and those of our allies and partners in the OSCE, we must continue to defend liberty and human rights in our region and provide a beacon of hope for citizens everywhere who aspire to a free and democratic future.

  • Hastings: Petty Parochialism Denies OSCE Vital Leadership During Global Crisis

    WASHINGTON—Following yesterday’s failure of OSCE representatives to renew the mandates of four leadership positions—the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the Office for Democratic Institutions and Human Rights—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “We are in trouble when petty parochialism denies us vital leadership in the midst of a global crisis. Now more than ever, reliable multilateral institutions are needed to forge solutions during and after the current pandemic.  “Azerbaijan, Tajikistan, Turkey, and other OSCE participating States who have blocked consensus on extending dedicated public servants should be ashamed of themselves. History will show the folly of abandoning essential leadership for cooperation.” Negotiations to renew each mandate collapsed in part in response to the written objections of Azerbaijan, Tajikistan, and Turkey, and the subsequent withholding of consensus by other participating States. Even efforts to devise interim extensions failed, leaving vital OSCE leadership positions vacant during an unprecedented global crisis. The failure highlights the unwillingness of some OSCE participating States to live up to their stated commitments to democratic institutions, the rule of law, media pluralism, and free and fair elections. Leaving key leadership roles unfilled drastically weakens the OSCE’s ability to hold countries accountable for their actions and undermines the principles of the Helsinki Final Act.  The Organization for Security and Cooperation in Europe (OSCE) is the world’s largest regional security organization. It spans 57 participating States reaching from Vancouver to Vladivostok. The OSCE sets standards in fields including military security, economic and environmental cooperation, and human rights and humanitarian concerns. In addition, the OSCE undertakes a variety of initiatives designed to prevent, manage, and resolve conflict within and among the participating States.

  • Chairman Hastings Demands Release of Paul Whelan

    WASHINGTON—Following the sentencing of U.S. citizen Paul Whelan to 16 years in a maximum-security prison by a Russian court, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “In clear violation of Russia’s OSCE commitments, Paul Whelan was denied his right to due process. His long and harsh pre-trial detention, and the secretive nature of Paul’s trial and the spurious ‘evidence’ against him, show that Russia’s authorities are not concerned about justice. This is nothing more than a politically-motivated stunt that has inflicted serious damage on an American citizen. Paul Whelan must be released.” Paul Whelan was arrested in Moscow in December 2018, where he planned to attend a wedding. FSB agents broke into his hotel room and found a flash drive that Whelan’s Russian friend had told him contained photos from a recent trip.  Authorities claimed that the flash drive contained classified information. Whelan has been detained in Moscow’s Lefortovo prison, unable to contact his family and friends, alleging abuse from guards, and suffering from health problems.

  • Human Rights and Democracy in a Time of Pandemic

    The outbreak of the novel coronavirus pandemic has prompted governments around the world to take extraordinary measures in the interest of public health and safety. As of early April, nearly two-thirds of the 57 participating States of the Organization for Security and Cooperation in Europe had declared “states of emergency” or invoked similar legal measures in response to the crisis. Often such measures have enabled governments to enact large-scale social distancing policies and suspend economic activity to save lives and preserve the capacity of national public health infrastructure to respond to the spread of infections. At the same time, human rights organizations and civil society activists have expressed concern regarding the breadth of some emergency measures and recalled the long history of government abuse of emergency powers to trample civil liberties. Exactly three decades ago, OSCE participating States unanimously endorsed a set of basic principles governing the imposition of states of emergency, including the protection of fundamental freedoms in such times of crisis. In 1990 in Copenhagen, OSCE countries affirmed that states of emergency must be enacted by public law and that any curtailment of human rights and civil liberties must be “limited to the extent strictly required by the exigencies of the situation.” According to the Copenhagen Document, emergency measures furthermore should never discriminate based on certain group characteristics or be used to justify torture. Building on these commitments a year later in Moscow, participating States underscored that states of emergency should not “subvert the democratic constitutional order, nor aim at the destruction of internationally recognized human rights and fundamental freedoms.” The Moscow Document stresses the role of legislatures in imposing and lifting such declarations, the preservation of the rule of law, and the value of guaranteeing “freedom of expression and freedom of information…with a view to enabling public discussion on the observance of human rights and fundamental freedoms as well as on the lifting of the state of public emergency.” In some corners of the OSCE region, however, national authorities are violating these and other OSCE commitments in the name of combatting coronavirus. While many extraordinary responses are justified in the face of this crisis, government overreach threatens the well-being of democracy and the resilience of society at a critical time. Download the full report to learn more.

  • Remarks from Sen. Cardin Concerning COVID-19 Emergency Responses

    OSCE PA Webinar: Respecting Human Rights And Maintaining Democratic Control During States of Emergency Thank you, Mr. President Tsereteli and Secretary General Montella, for organizing this dialogue.  Director Gisladottir and Mr. Abramowitz, thank you for the work each of you is doing to shine a light on the human rights and democracy implications of emergency measures introduced in response to the COVID-19 pandemic, as well as the implications of other government actions taken during this public health crisis that may threaten the health of our democracies. As parliamentarians, we have a responsibility to ensure that the measures we introduce and which our governments implement are consistent with OSCE standards on human rights and democracy, including the 1991 Moscow Document’s commitments regarding states of emergency. Those actions must be necessary, proportional, transparent, and temporary. Emergency provisions which restrict freedom of speech or freedom of the media are especially concerning and may actually undermine our efforts to address this health emergency. We need to ensure that journalists, medical professionals, scientists and others can provide the public with information we need to battle covid.  Muzzling independent voices undermines public confidence in government at a time when that confidence and public cooperation is critical to the success of the safety measures we need.  And yes, sometimes this means governments are going to hear they they’re not getting it right and sometimes governments will need to make course corrections. But there’s a big difference between addressing bad news and suppressing bad news.  A robust civil society is a critical partner to each of our governments and will strengthen our resilience.  Unfortunately, just this virus exploits vulnerabilities of pre-existing conditions, some governments may exploit the human rights limitations already in place before this pandemic, including laws or practices that unduly restrict civil society, or limit the freedoms of expression, association, or assembly. President Tseretelli, your appointment of a Special Representative on Civil Society last August could not have come at a more important time.  I hope members of this assembly will advance efforts to protect the core fundamental freedoms that are essential for civil society voices to be heard and support the work of my colleague, Special Representative Pia Kauma. We also need to ensure that civil society voices continue to be heard within the OSCE.  As we look ahead to how the participating States organize human dimension activities this year, and particularly the annual Human Dimension Implementation Meeting, it is critical that we preserve the access and openness that have made the OSCE such an important forum for human right defenders.  Whether OSCE meetings are in person or online, those standards of access should be preserved. Finally, democratic institutions, including as the rule of law, the independence of the judiciary, and free elections, must be preserved even during states of emergency.  I think this is really one of the most important contributions of the 1991 Moscow Document — it speaks to these exact points: “A state of public emergency may not be used to subvert the democratic constitutional order.” “The participating States will endeavor to ensure that the normal functioning of the legislative bodies will be guaranteed to the highest possible extent during a state of public emergency.”  “The participating States will endeavor to ensure that the legal guarantees necessary to uphold the rule of law will remain in force during a state of public emergency.”  We may need to make changes in how our courts hear cases or the mechanics of our elections.  But a health emergency does not diminish our commitment to ensure the integrity of our democratic institutions. The United States will proceed with our elections in a manner that ensures the public’s safety and respects the rights of voters, and consistent with our OSCE commitments.  Thank you.

  • Respecting Human Rights and Maintaining Democratic Control during States of Emergency

    Statement at the OSCE Parliamentary Assembly Webinar: Respecting Human Rights and Maintaining Democratic Control during States of Emergency President Tsereteli, Secretary General Montella, it is good hear from you.  I am pleased to see that this Assembly has found ways to communicate, cooperate and collaborate — in spite of the distances that keep us apart, and as an expression of our shared commitments to our roles as legislators. At last year’s annual session, I was the lead sponsor of a supplementary item on “the role of civil society — individuals and non-governmental organizations — in realizing the aims and aspirations of the OSCE.”  The resolution we adopted in Luxembourg acknowledges the critical role civil society plays in enhancing security and cooperation across all OSCE dimensions. I appreciate President Tsereteli appointing our colleague, the Honorable Pia Kauma, as the Assembly’s Special Representative to be an advocate for civil society engagement and she has done a great job so far. I am sorry, but not surprised that some governments have taken the need for emergency measures as an opportunity for repressive measures. Hungary is the only OSCE participating State that does not have a sunset clause for the expiration of its emergency measures, or requiring parliamentary approval for an extension.  Parliamentary oversight is absolutely essential, especially when governments seek to exercise extraordinary powers. I believe we must also pay particular attention to those measures that relate to freedoms of assembly, association, and expression.  I am also troubled by the heavy-handed disciplinary and punitive approach utilized in some areas, which exacerbates existing discriminatory and unconstitutional policing.  I want to thank you, Director Gisladottir, for your attention to this and speaking out against the hate crimes and scapegoating of minorities, refugees and migrants. In the next legislation that will come before the U.S. Congress, I will support provisions to address hate crimes and other forms of discrimination in our societies recently highlighted by the pandemic. The February 25 profiling murder of Ahmaud Aubrey by his neighbors in the state of Georgia demonstrates the urgency of our fight for equity and justice for all beyond our current crisis. But I would like to pause here for a moment, to reflect on violations of fundamental freedoms that some governments had already imposed even before now.  If a law or practice violated OSCE human rights and democracy norms before the pandemic, circumstances now will surely not cure that violation. Threats against journalists, restrictions on academic freedom, imprisoning people for their political views, and impeding or even criminalizing NGOs’ access to and communication within and outside their own countries — all of that is still inconsistent with OSCE commitments, and the pandemic does not change that.  Principle VII of the Helsinki Final Act still holds: individuals still have the right to know and act upon their rights. I therefore add my voice to the international calls from OSCE institutional bodies and others around the world for the release of all prisoners of conscience given this pandemic. Prison populations are particularly susceptible to community spread. To address dangerous overcrowding, governments should work first and foremost to release those imprisoned for exercising their internationally recognized rights or those wrongly imprisoned contrary to international commitments.  I regret Turkey's decision in particular to approve a plan to release 90,000 prisoners that excluded relief for any of the thousands of political prisoners, including opposition politicians, civil society activists, employees of U.S. diplomatic missions, and many more. Which brings me back to the important work of Special Representative Kauma.  Civil society is not a luxury, it is essential.  If anything, it becomes even more important during an emergency when governments may legitimately exercise powers, but those powers may not be unlimited, unchecked, or unending.  A vibrant civil society plays a critical role in holding governments to account, particularly at times of great social stress.  Those human rights groups, the parent-teacher organizations, book clubs, or food banks— all enrich our societies. Colleagues, this pandemic has upended elections across the OSCE region.  According to the OSCE Parliamentary Assembly’s factsheet, forty OSCE participating States — including my own — have elections scheduled for this year. As we all rise to meet the challenge of conducting elections safely, we must maintain transparency regarding the entire electoral process, especially any changes to the timing of elections, methods of voting, or measures that impact campaigning.  The United States is already debating these issues in preparation for November. Even in a pandemic, international and domestic election observation remains vital.  We must find a solution to ensure that they are engaged and included even now. 

  • Moldova

    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 Hearing

    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 Idlib

    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 Hungary

    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

  • Senators Cardin and Wicker Introduce Countering Russian and Other Overseas Kleptocracy (CROOK) Act

    WASHINGTON—Helsinki Commission Ranking Member Sen. Ben Cardin (MD) and Co-Chairman Sen. Roger Wicker (MS) today introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act (S. 3026). The CROOK Act would establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries as well as streamline the U.S. Government’s work building the rule of law abroad. On July 18, 2019, Rep. Bill Keating (MA-10) and Helsinki Commissioner Rep. Brian Fitzpatrick (PA-01) introduced a similar bill in the U.S House of Representatives. “Corruption has become the primary tool of authoritarian foreign policy,” said Sen. Cardin. “Reprehensible regimes steal the livelihoods of their own people and then use that dirty money to destabilize other countries. No leader deploys this strategy more blatantly and destructively than Vladimir Putin, who has devastated the Russian economy and the lives of ordinary Russians to advance his own interests.” “This bill would bolster the legal and financial defenses of U.S. allies against the influence of Russia, China, Venezuela, and other authoritarian regimes,” said Sen. Wicker. “By working together, we can close off opportunities for corrupt actors to undermine democracy around the world.” The anti-corruption action fund established in the legislation would assist countries where U.S. assistance could significantly increase the chances of successfully transitioning to democracy, combating corruption, and establishing the rule of law, such as Ukraine in 2014, Ethiopia after the election of a new Prime Minister who instituted important reforms in 2018, or Armenia after the December 2018 parliamentary election. This no-year fund would establish a mechanism to allocate aid and take advantage of ripened political will more quickly. The monies for this fund would derive from a $5 million surcharge to individual companies and entities that incur Foreign Corrupt Practices Act (FCPA) criminal fines and penalties above $50 million. The legislation would also establish several complementary mechanisms to generate a whole-of-government approach to U.S. efforts to strengthen the rule of law abroad. These include an interagency taskforce; the designation of embassy anti-corruption points of contact to liaise with the task force; reporting requirements designed to combat corruption, kleptocracy, and illegal finance; and a consolidated online platform for easy access to anti-corruption reports and materials. The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, endeavors to counter corruption and malign influence in all its forms. Helsinki Commissioners have sponsored and cosponsored other anti-corruption legislation such as the Kleptocrat Exposure Act (H.R. 3441), the Foreign Extortion Prevention Act (H.R. 4140), the Transnational Repression Accountability and Prevention Act (H.R. 4330/S. 2483), and the Rodchenkov Anti-Doping Act (H.R. 835/S. 259).

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