Title

Title

An Assessment of the Open Skies Treaty
Tuesday, January 14, 2020

By Juliet Michaelsen,
Max Kampelman Fellow

Recently, a somewhat obscure security and confidence-building measure returned to the headlines. In October 2019, reports surfaced that the Trump Administration was considering withdrawing from the Treaty on Open Skies, an overflight arrangement designed to boost military transparency and stability across 34 signatories in North American and Eurasia.

What is the Open Skies Treaty?

In 1955, President Eisenhower first proposed that the United States and Soviet Union allow aerial observation flights over each other’s territories to reduce the risk of miscommunication and subsequent war. Although initially rejected by the Soviets, the idea of Open Skies was revived by President George H.W. Bush in 1989. Bush built on Eisenhower’s vision, suggesting the agreement not just be between the United States and the Soviet Union, but also between NATO and the Warsaw Pact.

In 1992, the Open Skies Treaty was signed by the United States, Canada, Russia, and 21 European states. Since the treaty entered into force in 2002, membership has increased to 34 states. The treaty requires that all participants allow observation aircraft to fly over their territory to observe and take pictures of military forces and activities. These images are shared with the observing and observed states, and available for purchase by other treaty signatories.

The Open Skies Treaty’s fundamental purpose—enhancing military transparency and cooperation—flows from the same set of commitments that underpin both the Helsinki Commission and the Vienna-based Organization for Security and Cooperation in Europe (OSCE). As Alexandra Bell noted during a Helsinki on the Hill podcast on Open Skies, this “increased openness between militaries will reduce tensions between states and limit the probability of conflict [because] if you know what another country has, if it’s clearly observable to you, you don’t have to plan for things that you’re just guessing about.”

Assessing the Treaty

During the treaty’s almost 18 years of implementation, the parties have conducted over 1,500 observation flights. The cooperation required to solve logistical problems (such as air traffic control) and inspect planes is one important confidence-building measure. Another is the fact that host countries also have personnel on any observation flight, thus ensuring the flight stays within its agreed plan. This collaboration increases mutual trust and encourages cooperation. Additionally, the Open Skies Consultative Commission, the implementing body of the Open Skies Treaty based at the Organization for Security and Cooperation’s (OSCE) headquarters in Vienna, provides one of the few remaining forums where the United States and Russia can discuss problems and collaborate on solutions.

The treaty also allows the United States to provide an important benefit to its allies and partners, who typically ride on flights conducted by the United States. Specifically, as Rep. Emmanuel Cleaver II noted during a joint hearing of the Helsinki Commission and the House Foreign Affairs Subcommittee on Europe, Eurasia, Energy and the Environment, the treaty “allows even small countries a way to get information on military activities around them [which] has been even more important given the Kremlin’s propensity to violate established borders.”

One notable example came in December 2018 after Russia attached Ukrainian naval vessels near the Kerch Strait. The United States undertook an Open Skies flight, which was “intended to reaffirm U.S. commitment to Ukraine and other partner nations,” according to the Department of Defense, a message underscored by the flight’s inclusion of personnel from Canada, Germany, France, the United Kingdom, Romania, and—crucially—Ukraine.

The Open Skies Treaty also has heightened transparency, specifically between the United States and Russia. Both countries have conducted numerous observation flights over the other’s territory. The United States and its allies have flown about 500 flights over Russia since the treaty’s implementation, including 16 in 2019 alone. According to the State Department, the United States participated in nearly three times as many flights over Russia as Russia has over the United States. The images captured by these flights serve as a crucial, credible, unclassified source of information about Russian forces at a time when Europe and the United States are often uneasy about Russia’s intentions.

The Open Skies Treaty does face criticism by some politicians and analysts. For example, a Senate resolution introduced by Sens. Ted Cruz and Tom Cotton calls for the United States’ withdrawal from the Open Skies Treaty, citing Russia’s partial non-compliance as a major problem the treaty.

Specifically, Russia has restricted Open Skies flights over its military hub in Kaliningrad and restricted the conduct of flights near its border with South Ossetia and Abkhazia. However, the State Department does not consider these problems insurmountable and has taken many steps to address these issues, including bringing the problem to the Open Skies Consultative Committee, restricting Russian flights over Hawaii, and denying access to two United States airbases.

The Future of the Open Skies Treaty

In the wake of President Trump’s reported plan to withdraw the United States from the Open Skies Treaty, many members of Congress have expressed support for the agreement and warned of the dangers of withdrawal. House Foreign Affairs Committee Chairman Rep. Eliot Engel first sounded the alarm in a publicly released letter to National Security Advisor Robert O’Brien on October 7, 2019. In the letter, Engel expressed concern about such reports and argued that “American withdrawal would only benefit Russia and be harmful for our allies’ and partners’ national security interests.”

Soon after, numerous members of Congress came together to urge foreign policy officials to keep the treaty. House Armed Services Committee Chairman Rep. Adam Smith and Sens. Robert Menendez and Jack Reed (the ranking members of the foreign relations and armed services committees, respectively), joined Rep. Engel in writing a letter to Secretary of State Pompeo and Secretary of Defense Esper, highlighting the importance of Open Skies. A similar letter was sent to Secretary Pompeo by 11 Democratic senators two weeks later.

In November 2019, Helsinki Commission Chairman Rep. Alcee L. Hastings co-sponsored the bipartisan “Open Skies Treaty Stability Act,” which would prevent the president from unilaterally withdrawing the United States from the treaty by setting conditions on any potential steps towards withdrawal.

The bill specifically notes that “due to the significant benefits that observation missions under the Open Skies Treaty provide to the United States and United States allies, the United States should commit to continued participation in the Treaty; and the President should not withdraw the United States from the Open Skies Treaty.”

Support for the Open Skies Treaty extends beyond Capitol Hill. For example, in an October 20, 2019, Wall Street Journal contribution, former-national security officials George Shultz, William J. Perry and Sam Nunn suggested that “Open Skies has become what Eisenhower envisioned—a critical confidence-building treaty that improves Euro-Atlantic security with every flight. The U.S. should preserve this agreement, particularly in a time of renewed tensions with Russia.” 

Similar calls have come from abroad. The Political and Security Affairs Committee Chair of the OSCE Parliamentary Assembly (OSCE PA) strongly urged the United States to stay in the treaty, citing the increased transparency and cooperation fostered by the agreement. Meanwhile, Ukraine’s Foreign Ministry expressed their interest in “maintaining and implementing this treaty” in a statement to the Wall Street Journal.

The vocal advocacy both within and outside of the United States for the continuation of the Open Skies Treaty sheds light on its important role in Euro-Atlantic security and cooperation.

Relevant countries: 
  • Related content
  • Related content
Filter Topics Open Close
  • U.S. Helsinki Commission Participates in D-Day Commemorations

    By Alex Tiersky, Senior Policy Advisor and Kyle Parker, Senior Senate Staff Representative On June 6, 1944, universally known as “D-Day,” history was forever altered by the largest multi-national amphibious landing and operational military airdrop in history. On that day, approximately 160,000 Allied troops, supported by more than 5,000 ships and 13,000 aircraft, braved the withering fire of Nazi Germany's fortifications on the beaches of Normandy to gain a foothold in continental Europe, commencing in earnest the liberation of Europe and the end of Adolf Hitler’s Nazi regime.  The program for the June 6 Ceremony for the 75th Anniversary of D-Day, Normandy American Cemetery, Omaha Beach, Colleville-sur-Mer, France.​ Members and staff of the U.S. Helsinki Commission traveled to Normandy to commemorate the 75th anniversary of that momentous day and to honor the bravery and sacrifice of more than 9,000 Allied Soldiers who were killed or wounded in the assault.  The presence of members of Helsinki Commission leadership, including Co-Chairman Sen. Roger Wicker and Ranking Member Sen. Ben Cardin, attested to the continued strength of the transatlantic bond cemented by this seminal event.Their presence underlined once again the continued U.S. commitment to European security, and to promoting freedom, justice, and peace in the OSCE region and beyond. Army flight formation as part of the D-Day commemoration. The 2019 anniversary took on special resonance, as it is likely to be the last major opportunity for D-Day veterans—now in their mid-90s and older—to participate. Commission representatives began the morning of June 6, 2019 with a ceremony at the Normandy American Cemetery at Colleville-sur-Mer. The hallowed ground, which sits on a cliff overlooking Omaha Beach, contains the graves of more than 9,380 of American soldiers, most of whom lost their lives in the D-Day landings and ensuing operations. Left, General Dunford, Chairman of Joint Chiefs speaks to Representative Michael Waltz (FL-06). At the ceremony, Helsinki Commission Co-Chairman U.S. Senator Roger F. Wicker recalled being moved by President Trump’s remarks. As Senator Wicker recently relayed at a hearing in Gdansk, "Under no circumstance can we be divided from our friends and allies, here or anywhere else.  I was reminded of this key principle when I participated in the commemoration of the 75th anniversary of D-Day in Normandy.  I am certain all of my colleagues are unanimous in their agreement with the sentiment President Trump expressed on that occasion: “To all of our friends and partners: Our cherished alliance was forged in the heat of battle, tested in the trials of war, and proven in the blessings of peace.  Our bond is unbreakable.”  A particularly poignant moment of the ceremony saw French President Macron turning to face several dozen veterans of that fateful day 75 years ago to tell them in their native tongue, "We know what we owe to you, veterans: our freedom. And on behalf of my nation I just want to say thank you." Canadian Prime Minister Trudeau speaks at the Juno Beach ceremony. Later on June 6, Commission representatives took part in a second ceremony, this one at Juno Beach (Courseulles-sur-Mer), where some 21,000 men (14,000 Canadian and 7,000 British) had landed 75 years before. The ceremony, presided over by French Prime Minister Édouard Philippe (in the presence of Speaker of the United States House of Representatives Nancy Pelosi and Canadian Prime Minister Justin Trudeau, among other dignitaries), featured solemn remarks from senior officials. However, perhaps most moving were a series of personal reflections from school-age children on the meaning of war, peace, and memory. Their innocent sincerity offered possibly the greatest tribute to what the heroes of D-Day fought and died for. 

  • Russia's Counterproductive Counterterrorism

    Russia’s counterterrorism approach, which is problematic in both conception and execution, makes Moscow an ill-suited partner with the United States in this field, experts told the U.S. Helsinki Commission at a hearing on June 12, 2019.  The hearing closely examined the development, history, and repercussions of the Kremlin’s approach to counterterrorism under Vladimir Putin, including Moscow’s attempts to present itself as a regional and global leader on this issue.  Witnesses included Dr. Michael Carpenter, Senior Director of the Biden Center for Diplomacy and Global Engagement at the University of Pennsylvania and former Deputy Assistant Secretary of Defense; Rachel Denber, Deputy Director, Europe and Center Asia Division, Human Rights Watch; and Dr. Mariya Y. Omelicheva, Professor of Strategy at the United States National War College of the National Defense University.  In his opening statement, Rep. Richard Hudson (NC-08), who chaired the hearing, noted concerns expressed by many, including the U.S. Director of National Intelligence, about Russia’s attempts to assume the mantle of leadership in the counterterrorism sphere, through efforts that include placing Russian nationals in senior counterterrorism positions in international organizations.  Rep. Hudson further expressed concern regarding overly broad use of “terrorism” and “extremism” labels by the Kremlin and authoritarian regimes across Central Asia, in contravention of their commitments to human rights Rep. Hudson was joined by other Helsinki Commissioners. Sen. Cory Gardner (CO) underscored the inherently destabilizing nature of Russia’s counterterrorism policies and practices and recalled legislation he has introduced that would require the Department of State to formally determine whether Russia should be designated a state sponsor of terrorism.  Rep. Robert Aderholt (AL-04) raised questions regarding Russia’s role in the downing of Malaysia Airlines flight 17 over eastern Ukraine and whether such an action amounts to state-sponsored terrorism, as well as the impact of Russia’s counterterrorism policies on its Muslim population.  Rep. Brian Fitzpatrick (PA-01) drew upon his experience in the Federal Bureau of Investigation to highlight the challenges of sharing investigative techniques and best practices for fighting terrorism with Russia, as opposed to other countries in the region.  Dr. Omelicheva discussed how the Kremlin has increasingly prioritized fighting terrorism, both as a policy and as a political theme. She described how punitive measures, rather than a focus on socioeconomic improvement to address root causes of radicalization, have long been a preferred method of Russia’s military and security services for addressing terrorism.  She also noted that some Central Asian states have copied the Kremlin’s heavy-handed methods.    Ms. Denber noted the broad criminal code Russian authorities inappropriately apply—under the guise of fighting terrorism—to persecute people “inconvenient” to the Kremlin.  She discussed in detail other domestic applications of Russia’s counterterrorism criminal laws, including monitoring and storing of Russian citizens’ internet metadata, as well as labeling groups like Jehovah’s Witnesses as extremist organizations.  Russia’s counterterrorism policies may well have alienated segments of Russia’s Muslim population and led individuals to join extremist organizations such as the Islamic State and Hizb ut-Tahrir, Ms. Denber stated.       Dr. Carpenter asserted that active U.S.-Russia counterterrorism cooperation runs counter to U.S. interests and values—highlighting Russia’s penchant for claiming to be fighting extremism while actually punishing dissidents, notably individuals in Crimea critical of the ongoing occupation of the peninsula.  “A single mother was recently imprisoned on extremism charges because she had posted comments critical of Russia’s annexation of Crimea on her social media feed,” he said.    Dr. Carpenter’s experience in government led him to conclude, “Russia approaches counterterrorism from the position of counterintelligence;” when Russia cooperates, it is with the aim of eliciting information rather than pursuing common solutions. Using Syria as an example, he emphasized how Russian leadership does not think in win-win terms when it comes to counterterrorism, even when the U.S. does.  “Moscow will be happy, of course, to host dozens of international conferences, and will periodically suggest that a solution is within reach.  But at the end of the day, its interests are best served when Iran, Hezbollah and Assad are in power to make mischief in the region, because that’s when Russia’s influence with the Europeans, with Israel, and the Gulf States is at its peak,” he said.  Dr. Omelicheva added to these comments with an overview of lessons the Russian government has learned in past failed counterterrorism operations, including the Dubrovka Theater hostage crisis of 2002 and Beslan school siege of 2004.     “The key lesson that the government learned was that they have to have sufficient force to secure the perimeter of the counterterrorism operation, that they need to be able to constrain the freedom of movement, the freedom of mass media, and other types of freedom.” 

  • Hastings and Wicker Condemn Recent Arrest of Ivan Golunov

    WASHINGTON—Following the recent arrest of investigative journalist Ivan Golunov by Russian authorities, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Journalism remains a dangerous profession in Russia, especially for reporters like Ivan Golunov who investigate corruption at the highest levels of government. His arrest proves once more that Russian authorities don’t simply fail to protect investigative journalists; they actively seek to muzzle them by alleging criminal behavior and even resorting to brute physical force.” Golunov, of the Latvia-based Russian news outlet Meduza, was arrested on drug charges on June 6 in Moscow—a common tactic used by Russian authorities to target journalists and dissidents.  In the hours after his arrest, he was denied numerous rights enshrined in Russian statutes, including a phone call to friends and family, an attorney, and a meal.  He also allegedly was beaten while in custody, and faces up to 20 years in prison. According to the 2019 World Press Freedom Index, Russia ranks 149 out of 180 countries in media freedom based on an evaluation of pluralism, independence of the media, quality of the legislative framework, and safety of journalists.

  • STANDARD FOR JUSTICE: JUNE 10, 2010

    By Annie Lentz, Kampelman Fellow On June 10, 2010, seven senior Bosnian Serb officials were convicted of war crimes by the United Nations International Criminal Tribunal for the former Yugoslavia (ICTY). This was the largest trial to date held before the ICTY, which uncovered an organized and strategic attack against civilians and UN-protected safe areas in 1995 during the conflict in the Balkans. Bosnian Serb political and military leaders Radovan Karadžić and Ratko Mladic were later convicted of orchestrating the criminal plan. The trial began on August 21, 2006 and continued for 425 days until concluding on September 15, 2009. The inquiry featured testimony from 315 witnesses, with 5,383 exhibits of evidence totaling 87,392 pages. U.S. Helsinki Commission leaders expressed their support for the convictions handed down by the Tribunal, serving justice to those involved in the genocide of about 8,000 ethnic Bosniak men and boys residing in Srebrenica, an enclave  in Bosnia and Herzegovina which fell despite U.N. protection. Then-Chairman Sen. Ben Cardin said, “The ethnic cleansing that occurred in Bosnia was orchestrated by individuals who are now finally facing justice for their crimes. Others awaiting trial or who believe they may have escaped prosecution should take this as a sign that they too will answer for their crimes against humanity.” “The wheels of justice may not always turn as fast as victims’ families would like, but the convictions of Vujadin Popovic and Ljubisa Beara show the strength of the International War Crimes Tribunal to hold people to account,” said then-Co-Chairman Rep. Alcee L. Hastings. Following calls from Helsinki Commission leadership and other human rights advocates, the ICTY was established in reaction to the atrocities committed during the decade of conflicts in the former Yugoslavia. It was the first international attempt to hold political leaders accountable for war crimes, crimes against humanity, and genocide since the Nuremburg and Tokyo trials following World War II, and it established that the massacre committed in Srebrenica in July 1995 constituted genocide. Other crimes committed in Croatia, Bosnia and Herzegovina, and Kosovo included mass ethnic cleansing campaigns in which millions were displaced, thousands of women and girls were raped, and many others were detained and tortured.  The death toll in Bosnia and Herzegovina alone is believed to have exceeded 100,000 individuals.  The ICTY concluded its work in 2017, having indicted 161 individuals in connection to crimes during the conflicts in the Balkans while setting global precedents regarding cases of genocide, crimes against humanity, violations of the laws or customs of war, and grave breaches of the Geneva Conventions. Ninety offenders were sentenced to serve prison time in 14 European states. The Tribunal also set the standard for how such atrocities should be handled to achieve international justice. In December 2017, the Helsinki Commission organized a public briefing to assess the accomplishments of the tribunal and ongoing efforts to pursue justice for atrocities in the Western Balkans.    

  • Helsinki Commission Hearing to Examine Russia’s Approach to Counterterrorism

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: RUSSIA’S COUNTERPRODUCTIVE COUNTERTERRORISM Wednesday, June 12, 2019 10:30 a.m. Rayburn House Office Building Room 2255 Live Webcast: www.youtube.com/HelsinkiCommission The Kremlin actively seeks to present Russia as a global leader in the practice of counterterrorism and countering extremism. However, Moscow’s policies and practices in this area may be problematic at best and counterproductive at worst. Witnesses will offer expert views on how the Kremlin’s counterterrorism approach has evolved over time; its effectiveness; the extent to which it complies with Russia’s commitments to uphold human rights and fundamental freedoms; regional implications; and whether Kremlin actions dovetail—or not—with U.S. interests.  The following witnesses are scheduled to participate: Dr. Michael Carpenter, Senior Director, Penn Biden Center for Diplomacy and Global Engagement; former U.S. Deputy Assistant Secretary of Defense for Russia; former National Security Council Director for Russia Rachel Denber, Deputy Director, Europe and Central Asia Division, Human Rights Watch Dr. Mariya Y. Omelicheva, Professor of Strategy at the United States National War College, National Defense University; author, “Russia’s Regional and Global Counterterrorism Strategies” and “Russia’s Counterterrorism Policy: Variations on an Imperial Theme”

  • Chernobyl

    By Rachel Bauman, Policy Advisor and Kyle Parker, Senior Senate Staff Representative Disaster In the early morning hours of April 26, 1986, during a safety test designed to simulate a power outage, a combination of operator error and inherent flaws in reactor design led to an explosion and fire at Chernobyl Nuclear Power Station’s Reactor 4. The graphite fire burned uncontained for nine days, releasing radioactive particles over most of Europe, contaminating Ukraine and neighboring Belarus most severely. It took nearly two full days for Soviet authorities to begin the evacuation of the approximately 50,000 residents of the nearby city of Pripyat, located just a mile away from the power station. A public admission of the accident only came on the evening of April 28 following diplomatic pressure on the Kremlin from the government of Sweden where, earlier that day, monitors at the Forsmark Nuclear Power Plant north of Stockholm had detected elevated radiation levels and suspected an accident in the Soviet Union. Given the secrecy of the Soviet system, the subjectivity of first-hand accounts, and the breakup of the Soviet Union, some of the why and how of what happened remain controversial. This amusement park in Pripyat was scheduled to open on May 1, 1986, a few days before the disaster. Less than six months after the disaster, construction began on nearby Slavutych, a city to replace Pripyat and house the displaced workers from the Chernobyl Nuclear Power Station and their families. Much work remained to be done to contain and assess the April disaster, not to mention run the remaining three reactors, the last of which ceased to operate only in December 2000. The formal decommissioning process of Reactors 1, 2, and 3 began in 2015 and will continue for decades. To this day, many residents of Slavutych board a special train for the power station’s workers transiting Belarus to enter the Exclusion Zone for work at the plant and nearby storage facilities for spent nuclear fuel. Consequences Thirty-three years after that safety test at Reactor 4 went fatally wrong, the nuclear disaster at the Chernobyl Nuclear Power Station remains the worst in world history, superseding the 1979 partial meltdown of a reactor at the Three Mile Island Nuclear Generating Station in Pennsylvania and eclipsing the meltdown of three reactors at Japan’s Fukushima Daiichi Nuclear Power Plant following damage sustained by a catastrophic tsunami in 2011. The accident at Three Mile Island remains the worst in the history of U.S. commercial atomic energy and ranked a 5 (accident with wider consequences) on the International Atomic Energy Agency’s scale of assessing nuclear and radiological events. Chernobyl and Fukushima are the only two disasters to ever be ranked as a 7 (major accident), the scale’s maximum. Due to the differences in the half-lives of the specific contaminants, a full remediation and resettlement around Fukushima holds far greater promise than around Chernobyl. If radioactive leakage can be fully contained at Fukushima, there is a chance that the area could be declared completely safe for permanent human habitation in less than 100 years. By comparison, the first zone of exclusion immediately surrounding Chernobyl’s Reactor 4 is likely to remain unsafe for permanent habitation for thousands of years. The total human, environmental, and financial cost of the disaster is fraught with obvious political sensitivities, but even in the scientific realm, significant disputes remain. The unprecedented magnitude of the Chernobyl nuclear disaster frustrates efforts to draw a definitive conclusion on the lingering effects of the explosion and fire of 1986. While there is wide agreement that somewhere between 30 and 50 people died in the immediate aftermath as a direct result of the accident, consensus breaks down over estimates of a longer-term assessment of deaths attributable to the radioactive fallout from the disaster. Shortly after the disaster, a zone of approximately 1,000 square miles around Reactor 4 was established, evacuated, and condemned for permanent human habitation. This area—known as the Exclusion or Alienation Zone—has begun the long process of being reclaimed by nature. The area is divided between Zone 1 and Zones 2 and 3. The first zone is the immediate vicinity around the Chernobyl Nuclear Power Station and comprises roughly 15 percent of the total Exclusion Zone. It is also contaminated with transuranium elements that decay over a period of thousands of years, placing this area off-limits indefinitely. Zones 2 and 3 comprise the remaining territory and were largely contaminated with elements that decay much faster. Some of this shorter-term contamination is already gone and the rest could be gone in the coming decades. The Exclusion Zone is as alive as it is hauntingly empty. Forests encroach on what were once fertile fields. Butterflies flutter above concrete cracked open by saplings. Wild horses roam by day and wolves by night, and entropy takes its toll on man-made construction. It almost seems that the flora and fauna suffered more from proximity to humans than they now do from lingering radiation in the contaminated soil—a phenomenon known as the ecological paradox. Containment In those first critical hours after the explosion, when firefighters heroically battled a radioactive blaze, efforts were made to erect temporary barriers around the damaged core of Reactor 4. Those emergency efforts continued once the fire was out, but the hasty construction allowed radiation to continue to escape the confines of the reactor and was structurally unsuitable for containing the deadly transuranium elements inside. In 2018, with the support of the international donor community, Ukraine completed construction on the New Safe Confinement facility designed to safely entomb Reactor 4 for as long as 100 years. Helsinki Commission policy advisor Rachel Bauman inside the structure containing Reactor 4. Support from the West, most notably the United States, is critical to safety. Currently, Western contractors are working with Ukrainian partners to complete the construction of a long-term storage facility for spent nuclear fuel from other reactors across the country. Construction is reportedly on, or slightly ahead of, schedule on this facility that is planned to eliminate Ukraine’s need to contract with Russia for its growing storage needs. Protecting the public from the widely dispersed radioactive particulate found within the Exclusion Zone is the main reason for the establishment of the zone itself as well as the multiple checkpoints encountered when leaving the zone. The most immediate danger to further contamination of habitable areas beyond the Exclusion Zone are wildfires; their smoke disperses contaminated debris into the atmosphere and in the direction of prevailing winds. Ukrainian firefighters have trained regularly with firefighters from the American West as they execute what is not only a domestic priority, but an international responsibility. Other regular challenges to the safe administration of the Exclusion Zone are trespassers pursuing adventure, souvenirs, or wild game. Risks include not only the obvious danger of radiation exposure, but also crumbling construction and poor communications should a rescue be needed. Trespassers also risk the safety of the broader public by inadvertently transporting radioactive materials outside the Exclusion Zone. A final, and enduring, challenge to securing the Exclusion Zone lies with waning public interest and thus political pressure to devoting scarce financial resources to protect this beautiful but contaminated landscape for the long term. The Future Government authorities plan to use Exclusion Zone 1 for dangerous industrial activities such as storing spent nuclear fuel or developing massive solar panel farms designed to replace some of the electricity that was once generated by the power station’s four reactors. The remainder of the Exclusion Zone will serve as a buffer between habitable areas and Zone 1 as well as a unique nature preserve and massive open-air laboratory to study any lingering effects of the disaster. Construction site of a future spent storage facility. As the passage of time has made parts of the Exclusion Zone safer, more and more visitors come to learn about those tragic events of the spring of 1986. Locals are beginning to tap a developing market for nuclear tourism, fueled by politicians, scientists, and thrill-seekers. When leaving the Exclusion Zone and passing through the last checkpoint, travelers are greeted by tour buses, flag-carrying guides, and a roadside kiosk selling cheap t-shirts. Increasing interest in Chernobyl tours, and particularly the photogenic abandoned town of Pripyat, ensure a steady stream of income. The city may no longer generate power, but it continues to generate interest.

  • Chairman Hastings on Confirmation of Ambassador Gilmore as U.S. Representative to the OSCE

    WASHINGTON—Following yesterday’s confirmation of Ambassador James S. Gilmore as the U.S. Representative to the Organization on Security and Cooperation in Europe (OSCE), Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “I congratulate Ambassador Gilmore on his confirmation as the U.S. Representative to the Organization for Security and Cooperation in Europe and look forward to working with him to promote human rights and comprehensive security in Europe and Central Asia. A strong U.S. voice at the OSCE is essential to demonstrating our dedication to common values and continuing to advance implementation of OSCE commitments.”

  • Power and Politics

    At this Helsinki Commission briefing, panelists explored the state of institutional resilience and political context for the election of Volodymyr Zelenskiy as Ukraine’s next president on April 21, 2019. This briefing also explored implications for transatlantic engagement and opportunities for reforms on issues related to the rule of law, media freedom, and corruption.

  • Ukrainian Elections Focus of Upcoming Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: POWER AND POLITICS Implications of Ukraine’s Presidential Elections Thursday, May 9, 2019 2:00 p.m. Rayburn House Office Building Room 2200 Live Webcast: www.facebook.com/HelsinkiCommission At this Helsinki Commission briefing, panelists will explore the state of institutional resilience and political context for the election of Volodymyr Zelenskiy as Ukraine’s next president on April 21, 2019.  This briefing will explore implications for transatlantic engagement and opportunities for reforms on issues related to the rule of law, media freedom, and corruption. The following panelists are scheduled to participate: Dr. Michael Carpenter, Senior Director, Penn Biden Center for Diplomacy and Global Engagement Natalie Sedletska, Journalist and Host, Radio Free Europe/Radio Liberty Ukrainian Service Additional panelists may be added.

  • Hastings, Wicker, and Moore Mark the Anniversary of Joseph Stone’s Death In Ukraine

    WASHINGTON—On the two-year anniversary of the death of Joseph Stone, a U.S. paramedic serving with the OSCE Special Monitoring Mission (SMM) in Ukraine, Helsinki Commission Chairman Alcee L. Hastings (FL-20) recalled Stone’s tragic death in the Russia-driven conflict and underlined that agreements to end the use of mines in the conflict must be respected.  Stone was killed on April 23, 2017, when his vehicle struck a landmine in Russian-controlled territory in eastern Ukraine. “We honor the ultimate price paid by Joseph Stone, an American who served the innocent civilians suffering from the senseless conflict Moscow has perpetuated in Ukraine,” said Chairman Hastings. “Men, women, and children near the contact line remain steps from oblivion wrought by the indiscriminate cruelty of landmines. This human cost of the Kremlin’s ambition is unacceptable.” Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) called on the Russian Government to end the cycle of violence that resulted in Stone’s death.   “Instead of continuing to fuel this war, Vladimir Putin and his proxies should live up to their promises under the Minsk Agreements and the Helsinki Accords and get out of Ukraine—including Crimea,” said Sen. Wicker. “The second anniversary of Joseph Stone’s death is a tragic reminder that Russia has not met its commitments on clearing areas of explosive remnants of war and preventing new mines from being laid in eastern Ukraine.” Rep. Gwen Moore (WI-04) praised Stone’s courage and criticized the pressure put on international monitors. “Joseph Stone, who was born in my district in Milwaukee, gave his life to help the world know the truth about the war in eastern Ukraine. OSCE monitors voluntarily put themselves at risk to document the day-to-day tragedies of a conflict that has killed thousands and affected millions more,” said Rep. Moore. “They do this important work despite facing severe threats of violence; these threats, including the laying of landmines such as the one that killed Joseph and continue to kill and maim innocents—must end.”  Eastern Ukraine is among the most heavily-mined regions in the world. According to Alexander Hug, former Principal Deputy Chief Monitor of the OSCE Special Monitoring Mission to Ukraine, mines and unexploded ordnance are the No. 2 cause of casualties in the war in Ukraine. Anti-vehicle mines are responsible for more deaths in the Donbas than anywhere else in the world.​ In the last year alone, at least 70 people—including 18 children—have been killed or injured by mines or unexploded ordinance in eastern Ukraine. The SMM was established in 2014 to monitor implementation of the Minsk agreements, which were designed to bring peace to eastern Ukraine. It is an unarmed, civilian mission that serves as the international community’s eyes and ears in the conflict zone. It is the only independent monitoring mission in the war zone. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia, and Ukraine. It currently fields roughly 800 monitors, nearly 600 of whom are in the Donetsk and Luhansk regions. The United States supports the SMM by providing 57 monitors (the largest contingent) and has contributed over $100 million to the mission since its inception.

  • First Person: #UkraineElections2019

    By Rachel Bauman, Policy Advisor and Kyle Parker, Senior Senate Staff Representative   Bright morning sunlight streamed through the windows of School No. 119 in Odesa as the first ballot was cast for the March 31 presidential election in Ukraine. We, along with our third team member, a Danish parliamentarian, had arrived an hour earlier to watch as a stern but amiable middle-aged woman—who seemed especially proud to speak Ukrainian to her Russian-speaking electoral commission colleagues—instructed them on proper procedure for the day. The ballot boxes must be sealed properly, privacy in the voting booths maintained, proper identification verified, and voter lists checked and double checked. Coffee, tea, and small talk were in good supply to combat the grogginess of a morning made even earlier by the switch to daylight savings time shortly after midnight on election day. This election, with 39 candidates vying for the presidency, required the longest ballot in Ukraine’s history at 80 centimeters (more than two and a half feet) long. Not only did this present a printing challenge, but we saw numerous voters seeming to wonder just how many folds would be needed to easily deposit their ballot through the narrow slot and preserve the secrecy of their selection. Ukraine’s election law is surprisingly strict in this regard and imposes criminal penalties on voters who deliberately reveal their selections, whether by showing someone personally, taking a picture of their ballot, or bringing someone else into the voting booth with them. Notably, we observed no incidence of anyone deliberately violating ballot secrecy. We were among over a thousand foreign observers of the election invited by the Government of Ukraine, consistent with its OSCE commitments. We joined approximately 100,000 domestic observers to inspect the nearly 30,000 electoral precincts across the country—excluding parts of the Donbas and Crimea, due to the ongoing war and Russia’s illegal occupation, respectively. All of the domestic observers that we encountered were observing on behalf of an individual candidate, usually for Yuriy Boyko, Petro Poroshenko, or Yulia Tymoshenko. We did not encounter any of the foreign and domestic NGOs also observing the election. Throughout the day, we traveled to numerous polling stations, spending almost an hour at each, to watch for irregularities or violations of election law. Most electoral commissioners went out of their way to proudly display what was an organized and transparent electoral system. All afforded us full access to every part of the voting process. A few commissioners even seemed flattered to host foreign observers from the OSCE, an acronym well known in Ukraine for the prominent role the OSCE has played in assessing previous elections, including those that led to the Orange Revolution in 2004 and that served to ratify the dramatic change of government in 2014. In any election observation, the most critical part of election day is the counting of ballots after the polls have closed and unused ballots have been checked against the total numbers of ballots issued and votes cast. With these procedures scrupulously followed, the chairwoman at the precinct where we were assigned gave the okay to open the ballot boxes and tally the votes. By that time, the sun had set and the flickering fluorescent lighting in the school hallway where the voting took place was so dim and distracting that everyone—commissioners, observers, and the school’s custodial staff—moved tables, chairs, and the sealed ballot boxes to a better lit atrium so a proper count could proceed. One by one, a grinning commissioner (we later discovered he was candidate Volodymyr Zelenskiy ’s representative on the commission) cut the plastic seals on each box and, with pomp, dumped their contents onto a table surrounded by other commissioners eager to see who won and to finish the work they had begun before sunrise, some 18 hours earlier. First, the control sheet deposited in each box before the polls opened was located and set aside. Then, the chairwoman divided the candidates among commissioners so they could begin to stack ballots as they were unfolded and inspected. On a few occasions, a voter’s selection was unclear and so the ballot was presented to the entire commission for scrutiny, followed by a vote on how and whether to record the ambiguous ballot. Many of the 39 candidates on the ballot received no votes and there was often a wisecrack and laughter when any of these candidates received a vote, or even two! Despite the daunting fullness of the ballot boxes, due in part to the physical size of the ballot, the count proceeded apace with only a couple instances of needing to recount a candidate’s stack of votes to reconcile the final numbers needed for the formal protocol. This document would soon be posted outside the precinct for public inspection and sent up the chain to be included in the national tally. Security throughout the count was so strict that an ailing observer was nearly prohibited from leaving the precinct while the count was underway. After seeking the approval of the commission chairwoman, police finally unlocked the doors and allowed the observer to depart. These rules, as explained to us, were in place to prohibit any ballots from being brought into or out of the precinct. Based on the increasing grumblings of commissioners as night turned to early morning, this prohibition on leaving seemed to motivate commissioners to stay focused on their duties lest they risk witnessing another sunrise at their polling station. The OSCE’s post-election preliminary statement corresponded to our observation of a smooth, even festive in some cases, electoral process that complied with Ukraine’s domestic laws and fulfilled the country’s international commitments. Given the frequent opportunities Ukraine has had to exercise its democratic muscle in recent years, few on the international observation mission led by the OSCE expected anything but the free and fair process we witnessed. As the gold standard of international election observation, the OSCE’s recommendations over many electoral cycles have helped Ukrainian officials to improve the conduct of their elections. Further, praise from the OSCE following election day is powerful validation of the process in the eyes of Ukraine’s voters and gives other states a democratic model to emulate. No sooner had the election ended than the hundreds of thousands of electoral commissioners overseeing Ukraine’s nearly 30,000 local electoral precincts started to prepare for the presidential runoff election on April 21—this time with just two names on the ballot and a decisive outcome. These commissioners are the unsung heroes of a maturing democracy that is simultaneously at war in the East and on an irreversible path to the West. At least they will get a proper break before having to, once again, regroup and oversee Ukraine’s parliamentary elections expected to take place in the fall of this year.

  • Climate Disruption

    By Cade Stone, Max Kampelman Fellow The OSCE was founded on a commitment to cross-border cooperation in the face of indiscriminate regional threats, in pursuit of comprehensive security, and in mutual acknowledgement of the need for sovereignty and stability. Today, as the earth’s climate continues to change, global environmental issues are increasingly tangible security concerns. Climate change stands to magnify both the internal challenges faced by OSCE participating States and the external pressure of mass migration out of critically unstable regions—a redoubled “migrant crisis” in the mold of 2015. “Climate change is having far-reaching effects on agricultural productivity and food security,” warned UN Migration Director General William Lacy Swing on World Food Day 2017. “It is among the main reasons for the record numbers of people compelled to migrate from rural areas to towns and cities around the world.” The UN Food and Agriculture Organization (FAO) estimates that a large share of migrants come from rural areas where more than 75 percent of the world’s poor and food insecure depend on agriculture and natural resource-based livelihoods. As agricultural yields dwindle, water supplies shrink, and threatened regions become less habitable, poor populations will suffer most immediately and most critically. As atmospheric and oceanic temperatures rise, mounting evidence suggests that natural disasters will become increasingly catastrophic. Displacement rates in disaster-prone areas will increase, along with the costs of crippled infrastructure and lost productivity.   In 2015, according to the FAO, there were already 244 million international migrants, 40 percent more than in 2000. Nineteen million people were internally displaced because of natural disasters. An average of 26 million were displaced annually by climate or weather-related disasters between 2008 and 2015. In a changing global climate showing no signs of reversal, these trends stand only to worsen. It is at this intersection of climate change and migration that the OSCE region may be most immediately threatened. During the 2015 migrant crisis, millions of displaced people fled to Europe from the same regions that now face the greatest risk of further instability; migration flows may surge once more as environmental pressures mount. Stable governments and populations rely on access to vital resources and are thus deeply imperiled by the threat of widespread drought, crop failure, flooding, and other disruptions that climate disruption portends. By this measure, any of the “staging” areas for migrants in North Africa, as well as their origin nations throughout Africa and the Middle East, are already politically fragile. The OSCE has gradually begun to mobilize around the pressing security reality of a changing climate. In the wake of the latest UN Climate Report, Nilza de Sena, chair of the OSCE Parliamentary Assembly’s Economic and Environmental Committee, warned that the effects of climate change are close and potentially disastrous and urged bold action to “accelerate decarbonization and intensify the discussion on the expansion of renewable and sustainable energy and maximizing energy efficiency.” The OSCE also has joined the Environment and Security (ENVSEC) Initiative, a sweeping multi-agency program established to examine the security risks posed by climate change, particularly in Eastern Europe, South Eastern Europe, the South Caucasus, and Central Asia. Crucially, the effort treats climate change as a threat multiplier inherent to future national and international security agendas. Its “Climate Change and Security” report analyzed credible domestic security concerns for OSCE member nations, including competition for scarce resources, increased social tension and conflict, loss of trade, and infrastructural damage. The analysis has yet to account for the compounding effects the external pressures of increased migration will inflict, as the same climate shocks ripple across more fragile regional neighbors. Climate disruption and subsequent migration imperils the whole of the OSCE and calls for a defense of its most foundational commitments, from sovereign equality to territorial integrity to interstate cooperation. Action must be taken to prepare for the security crisis on Europe’s doorstep, both in domestic planning and investment abroad. The UN Food and Agriculture Organization calls for massive investment in rural development to bolster opportunity, resiliency, and stability. It has developed Sustainable Development Goals to address the structural drivers of migration and shepherd responsible growth in migrant source countries. Increased investment in infrastructure, ensuring reliable access to resources, and redoubled diplomatic conflict resolution will help stem the instability and conflict that displaces vulnerable populations. Further, the Center for Climate and Security promotes a Responsibility to Prepare framework for European leaders to elevate the institutional awareness and responsiveness to climate insecurity, both in migration hotspots and on Europe’s doorway. ENVSEC’s Climate Change and Security report proposes a portfolio of actionable items to better brace OSCE project nations, many of which can and should be implemented broadly across Europe, including raising public urgency, encouraging cross-sectoral policy integration, and incorporating increased cross-border cooperation on climate projections and vulnerability assessments. Finally, the United States’ withdrawal from the Paris Climate accords need not preclude it from climate leadership within the OSCE. It remains uniquely poised to help foster the vital regional cooperation needed to meaningfully address these challenges. European security was shaken by the migration crisis of 2015. Political stability across the continent was undermined and fringe populist forces emboldened in its wake. Unless concerted, collective action is taken quickly, the coming waves of climate migration could make past surges look like ripples. The U.S. and OSCE have both a mandate and responsibility to lead.

  • Slovakia's Chairmanship of the OSCE

    In 2019, Slovakia holds the chairmanship of the world’s largest regional security organization: the Organization for Security and Cooperation in Europe (OSCE), which brings together 57 countries from North America, Europe and Central Asia. At the Helsinki Commission’s first hearing in the 116th Congress held on April 3, 2019, Slovakia’s Minister of Foreign and European Affairs, Miroslav Lajčák, was invited to discuss the chairmanship’s priorities for the OSCE in 2019 and its plans for progress. Minister Lajčák was received by Helsinki Commission Chairman Alcee L. Hastings (FL-20), along with Co-Chairman Sen. Roger Wicker, Ranking House Member Rep. Joe Wilson, and Commissioners Sen. Cory Gardner, Rep. Gwen Moore, and Rep. Brian Fitzpatrick. Chairman Hastings encouraged Minister Lajčák to meet with civil society during his country visits as Chair-in-Office, including in the United States.  Co-Chairman Wicker observed, “[a]t a time when civil society is under threat in so many countries, we look to you, as the Chair, to ensure that people’s voices are heard in the OSCE.” Minister Lajčák stated that “resolving conflicts and mitigating their impact on people” in countries suffering from “economic instability, political instability, [and] human rights violations” is a priority for Slovakia’s Chairmanship. He focused on Ukraine due to the severity of the country’s conflicts, while also acknowledging those in other areas of the OSCE region such as Transnistria, Georgia, and Nagorno-Karabakh, for which Co-Chairman Wicker emphasized the need for the OSCE to “strengthen the process of democratic reform, fight against corruption, and fight against regional instability.” The minister emphasized that his goal will be to focus on a list of nine concrete measures that would “bring about small, but concrete, results and improvement [in Ukraine] for the people on the ground,” such as humanitarian demining and repairing civilian infrastructure. He asserted that repairing Stanytsoa Lukanska, a bridge which serves as a key piece of transportation infrastructure in the Luhansk area, is the most important of these measures. The minister also emphasized the need to ensure a safer future, especially for young people, by countering cyberterrorism and its (mis)use in organized crime and human trafficking. He emphasized the importance of educating youth in matters related to cybersecurity, including emerging threats such as cyberterrorism. To that end, Slovakia’s chairmanship will use its convening authority “to call attention to new trends and explore potential collaborative impact.” Chairman Hastings optimistically remarked that “young people know a hell of a lot more about [cyber security and technology] than we do” and Commissioner Moore commended Mr. Lajčák for focusing on the youth – “it is a quintessential strategy for preventing chaos.” Finally, the Slovak Chair-in-Office focused on multilateralism, considered by Minister Lajčák as a “fundamental problem-solving and war-preventing” tool both in and outside of the OSCE. Furthermore, Minister Lajčák emphasized the importance of “working together on multilateral platforms [which] is inevitable if we want to safeguard peace and prosperity to our people,” calling the OSCE “the platform to do just that.” He affirmed this priority of co-operation between OSCE participating States in response to a concern raised by Commissioner Moore regarding certain participating State’s “violations [of all] the Helsinki principles” which would undermine multilateralism within the OSCE: “We have to […] look eye-to-eye and talk about issues […] that is what makes the OSCE unique.” Throughout the hearing, the Chair-in-Office stressed an intent to counter terrorism in his priorities. Part of the minister’s first conference to encourage youth education involved “promoting tolerance and non-discrimination, and the best practices in combating modern-day anti-Semitism,” to stem terrorism. Furthermore, a second conference, held a week before the hearing, “focused on preventing and countering terrorism as well as violent extremism and radicalization that lead to terrorism.” The minister asserted that “terrorism and violent extremism pose as grave a threat as ever” and that “we, at the OSCE, need to continue updating and adapting our toolbox” to be prepared for the future. Despite specific victories, such as the recent destruction of the remaining Daesh strongholds, the minister advised that “this is not a time to get comfortable,” and that “we need to address the root causes [of terrorism] and stay one step ahead.” The OSCE Chair-in-Office also addressed regional challenges including Russia’s continued aggression in Ukraine; protracted conflicts in Transnistria, Georgia, and Nagorno-Karabakh; increasing instability in the Western Balkans; and Turkey’s campaign to 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, and vulnerable communities are targets of discrimination and violence. However, Chairman Hastings is optimistic about the capability of the OSCE to advance the rule of law, human rights, and non-discrimination its participating States. Minister Lajčák expressed confidence that providing concrete measures to improve the daily lives of those living in conflict, educating youth, and encouraging multilateral engagement on their behalf will lead to positive developments throughout the OSCE region.

  • First Person: A Divided Island’s Long Road to Peace

    By Mark Toner, Senior State Department Advisor There are two images seared into my brain from my visit to Cyprus during a recent congressional delegation led by Sen. Roger Wicker (MS). The first was a darkened, underground garage filled with the rusting hulks of mid-1970s Toyotas.  They were once the sparkling-new inventory of a car dealership situated in the heart of Nicosia, Europe’s last divided capital. Following the 1974 incursion by Turkish forces in the wake of a failed coup attempt, the dealership became part of a buffer zone that runs like a scar across the length of Cyprus, separating the Turkish Republic of Northern Cyprus (TRNC) and the Republic of Cyprus (RoC). The dealership’s owner fled when the fighting erupted and never returned. The cars sit frozen in time, waiting for customers who will never come. Abandoned vehicle in Nicosia, Cyprus. The second was both jarring and moving: at the Committee on Missing Persons, we entered a clean, cavernous room full of long tables on which an array of partially-reconstructed skeletons were arranged—the remains of some of the more than 2,000 people who disappeared during the outbreak of violence between Greek Cypriots and Turkish Cypriots in 1963-64, as well as during the later 1974 conflict. Located in a compound in the United Nations Protected Area near the old Nicosia airport, the Committee is an organization established by both the Greek Cypriot and Turkish Cypriot communities that recovers, identifies, and ultimately returns these remains to their still-grieving families and loved ones, using state-of-the-art DNA technology and an exhaustive scientific process. These were just two of the places we visited during our two-day stay on the island as part of a bipartisan, bicameral delegation on its way to the Winter Meeting of the OSCE Parliamentary Assembly in Vienna, Austria. As part of our jam-packed schedule, the delegation met with the President of the Republic of Cyprus and Turkish-Cypriot leadership, and toured the UN buffer zone with the hardworking and good-natured UN peacekeepers who police the 112-mile ceasefire line. Cyprus is among the world’s oldest and most intractable frozen conflicts, and the social, political, and economic tensions the conflict created still feel fresh today. Since the island was effectively split in two in 1974, there have been repeated UN-led attempts to broker a settlement and reunify the island, but all have ended in failure. It is also a tale of two realities. While Greek Cypriots enjoy the benefits of EU and Eurozone membership and seek to exploit the potential of untapped hydrocarbon reserves located in an Exclusive Economic Zone that surrounds the island, those who live in the self-proclaimed Turkish Republic of Northern Cyprus remain politically and economically isolated from the rest of Europe and rely heavily on their big brother to the north, Turkey, for security and economic assistance. Our visit to Cyprus was a stark reminder of the difficulty of moving past an unresolved conflict, in a place where grievances are often passed from generation to generation, and the ghosts of the past remain as tangible as the neglected shell of a crumbling 15th-century church in the UN buffer zone or the rusting hulks of airplanes still sitting on the runway of the abandoned Nicosia International Airport. Our brief visit to the Committee on Mission Persons, however, was a poignant reminder of the vital importance of civil society in restoring a sense of normalcy once the fighting ends.  It is a calming place, where dedicated people from both sides of the conflict work together to bring a sense of closure to those who lost loved ones in the fighting; it speaks to the fierce resiliency of the people of Cyprus and the enduring hope that old wrongs can yet be overcome.       

  • Slovakian Minister of Foreign Affairs 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 hearing: SLOVAKIA’S CHAIRMANSHIP OF THE OSCE Priorities and Challenges Wednesday, April 3, 2019 3:30 p.m. Senate Visitor Center Room 201-00 Live Webcast: www.youtube.com/HelsinkiCommission In 2019, Slovakia holds the chairmanship of the world’s largest regional security organization: the 57-nation Organization for Security and Cooperation in Europe (OSCE), which stretches from North America through Europe, Central Asia, and Mongolia. Regional challenges include Russia’s continued aggression in Ukraine; protracted conflicts in Transnistria, Georgia, and Nagorno-Karabakh; increasing instability in the Western Balkans; and Turkey’s campaign to 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, and vulnerable communities are targets of discrimination and violence. At the same time, recent developments in Armenia and Central Asia hold some of the best hopes for positive change in the region. At his first congressional hearing, Slovakia’s Minister of Foreign Affairs, Miroslav Lajcak, will discuss the chairmanship’s priorities for the OSCE in 2019 and its plans for progress.

  • Helsinki Commission Marks Fifth Anniversary of Illegal Referendum In Crimea

    WASHINGTON—Ahead of the fifth anniversary of the illegal Russian-organized referendum in Crimea, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Five years ago, the Government of Russia tried to legitimize its illegal occupation of Crimea by organizing a fake referendum in Ukrainian territory.  By orchestrating this so-called vote, the Kremlin blatantly flouted international law. By definition, citizens living under armed occupation lack the freedom to determine their collective destiny.  “This tragic anniversary also reminds us of the suffering this occupation continues to inflict on innocent Ukrainian citizens who have been forced to flee Crimea, as well as on those who remain behind. Ethnic minorities such as Crimean Tatars and activists who object to the illegal Russian occupation, including Oleg Sentsov, are targets of persecution and violence by the Government of Russia. “We will not forget; Crimea is Ukraine.”  Russian forces first invaded Crimea in February 2014. Since then, the Helsinki Commission has hosted numerous hearings and briefings on the war in Ukraine, including an April 2014 hearing with then-Assistant Secretary of State Victoria Nuland; December 2015 and November 2016 briefings on human rights violations in Russian-occupied Crimea; an April 2017 briefing on Oleg Sentsov and Russia's human rights violations against Ukrainian citizens; a May 2017 hearing on the growing Russian military threat in Europe; and briefings with Alexander Hug, then-Principal Deputy Chief Monitor of the OSCE Special Monitoring Mission to Ukraine, and Kurt Volker, U.S. Special Representative for Ukraine Negotiations.

  • Remembering Boris Nemtsov

    Madam President, on Sunday, February 24, thousands of people marched in Moscow and in cities across Russia to remember Boris Nemtsov, a Russian statesman and friend of freedom who was gunned down in sight of the Kremlin walls 4 years ago. These people were honoring a Russian patriot who stood for a better future--a man who, after leaving the pinnacle of government, chose a courageous path of service to his country and his fellow Russians. Boris Nemtsov was a man who walked the walk. When others were silent out of fear or complicity, he stood up for a future in which the Russian people need not risk jail or worse for simply wanting a say in how their country is run. Sadly, since Mr. Nemtsov's assassination, the risks of standing up for what is right have grown in Russia. With every passing month, ordinary citizens there become political prisoners for doing what we take for granted here in the United States--associating with a political cause or worshipping God according to the dictates of one's conscience. Last month alone, in a high-profile case, a mother was jailed for the crime of being a political activist in Russia. She was kept from caring for her critically ill daughter until just hours before her daughter died. Jehovah's Witnesses have been sentenced to years behind bars for practicing their faith. Also, a leader of a small anti-corruption organization was beaten to death with metal rods on the outskirts of Moscow. This was all just in February, and it is not even a comprehensive account of the Russian state's using its powers not against real enemies but against its own people--peaceful citizens doing what peaceful citizens do. As for the Nemtsov assassination, 4 years later, justice has yet to be served. It appears that President Putin and his cronies have little interest in uncovering and punishing the masterminds behind Russia's highest profile killing in recent memory. While a few perpetrators who had been linked to the Kremlin-appointed leader of Chechnya, Ramzan Kadyrov, were convicted and sent to prison, Mr. Nemtsov's family, friends, and legal team believe the organizers of his murder remain unidentified and at large. I understand that Russia's top investigative official has prevented his subordinates from indicting a close Kadyrov associate, Major Ruslan Geremeyev, as an organizer in the assassination, and the information linking Geremeyev to Mr. Nemtsov's murder was credible enough for a NATO ally to place Geremeyev on its sanctions list. Yet there has still been no indictment. Russian security services continue to forbid the release of footage from cameras at the site of the assassination. Russian legal authorities refuse to classify the assassination of a prominent opposition leader and former First Deputy Prime Minister as a political crime. Despite all of this, they have declared the case solved. Given this pattern of deliberate inaction on the part of Russian authorities, the need for some accountability outside of Russia has grown more urgent. Russia and the United States are participating States in the Organization for Security and Cooperation in Europe, or the OSCE, and have agreed that matters of justice and human rights are of enough importance to be of legitimate interest to other member states. Respect for these principles inside a country is often a predictor of the country's external behavior. So countries such as ours have a reason to be involved. At the recent meeting of the OSCE's Parliamentary Assembly, we began a formal inquiry into Mr. Nemtsov's unsolved murder and have appointed a rapporteur to review and report on the circumstances of the Nemtsov assassination as well as on the progress of the Russian investigation. As the chair of the U.S. delegation to the OSCE Parliamentary Assembly, I supported this process from its conception at an event I cohosted last July in Berlin. Yet, as the United States of America, there is more we can do. To that end, I am glad to cosponsor a resolution with my Senate colleagues that calls on our own government to report back to Congress on what we know of the circumstances around Boris Nemtsov's murder. This resolution also calls on the Treasury Department to use tools like the Magnitsky Act to sanction individuals who have been linked to this brutal murder, such as Ruslan Geremeyev. We hear constantly from Russian opposition figures and civic activists that personal sanctions, such as those imposed by the Magnitsky Act, have a deterrent effect. Vladimir Putin has made it abundantly clear that these sanctions, based on personal accountability, are more of a threat to his regime than blunter tools, such as sectoral sanctions, that often feed his propaganda and end up harming the same people we are trying to help in Russia—innocent citizens. To its credit, the Trump administration has done a better job than had the previous administration in its implementing of the new mandates and powers Congress authorized in both the Russia and Global Magnitsky Acts. We are in a much different place than we were when these tools were originally envisaged nearly 10 years ago. The administration is mandated to update the Magnitsky Act's list annually, with there being a deadline in December that sometimes slips into January. Now it is already March, and we have yet to see any new designations under the law that the late Mr. Nemtsov himself called the most pro-Russian law ever adopted in a foreign legislature. While the law has been lauded by Russian democrats, it is rightly despised by those like Vladimir Putin who abuse and steal from the American people. Recall that it was at the Helsinki summit late last summer between the leaders of Russia and the United States of America—perhaps the grandest stage in U.S.-Russian relations in a decade—where Mr. Putin himself requested that his investigators be able to depose U.S. officials most closely associated with passing and implementing the Magnitsky law, as if they were criminals. We need to show the Russian dictator that this sort of bullying will not stand and that we will continue to implement the Magnitsky Act thoroughly and fairly. A year ago, I participated—along with many of my colleagues in the House and Senate—in the unveiling of Boris Nemtsov Plaza in front of the Russian Embassy here in Washington, DC—the first official memorial to Boris Nemtsov anywhere in the world. One day, I hope there will be memorials to Boris Nemtsov all across Russia, but the best tribute to his memory will be a Russia he wanted to see, a just and prosperous Russia, at peace with its neighbors and a partner with the United States. I yield the floor.

  • U.S. Congressional Delegation Defends Human Rights, Regional Security at OSCE PA Winter Meeting in Vienna

    Led by Helsinki Commission Co-Chairman Sen. Roger Wicker (MS), 12 members of Congress traveled to the OSCE Parliamentary Assembly (PA) Winter Meeting in Vienna in late February to demonstrate the commitment of the United States to security, human rights, and the rule of law in the 57-nation OSCE region. Sen. Wicker, who also serves as a vice-president of the OSCE PA, was joined in Austria by Sen. Bob Casey (PA), Sen. Martin Heinrich (NM), Sen. Tom Udall (NM), Sen. Mike Lee (UT), Sen. Chris Van Hollen (MD), Rep. Roger Aderholt (AL-04), Rep. Lloyd Doggett (TX-35), Rep. Richard Hudson (NC-08), Rep. Sheila Jackson Lee (TX-18), Rep. Gwen Moore (WI-04), and Rep. Lee Zeldin (NY-01). The bipartisan, bicameral delegation was one of the largest U.S. delegations to a Winter Meeting in OSCE PA history. During the meeting of the Committee on Political Affairs and Security, Sen. Wicker criticized the Russian Federation for its interference in U.S. elections, as well as in elections held by other OSCE countries. “It is indisputable that the Russian Government seeks to attack and even undermine the integrity of our elections and of our democratic processes,” he said. “We must all be more aware of—and proactive in countering—Russia’s efforts to undermine the democratic process throughout the OSCE region.” In the same session, Rep. Hudson lamented Russian non-compliance with the Intermediate-Range Nuclear Forces (INF) Treaty, underlining that “an INF Treaty with which all parties comply contributes to global stability; an arms control treaty that one side violates is no longer effective at keeping the world safer.”  Rep. Hudson further stressed that “in light of our six-months’ notice of withdrawal, the Russian Government has one last chance to save the INF Treaty by returning to full and verifiable compliance. We hope and pray Russia will take that step.” In the meeting of the Committee on Economic Affairs, Science, Technology, and Environment, Rep. Hudson also noted the danger that the Nord Stream II pipeline poses to Europe. “Simply put, we cannot allow Russia to dramatically increase its stranglehold on European energy,” he said. “We must look for alternatives and make sure our democratic institutions cannot be held hostage over energy supply as Nord Stream II would promote.” Later in the same session, Rep. Moore advocated for the adoption of beneficial ownership transparency to combat globalized corruption. “Anonymous shell companies are the means through which much modern money laundering occurs,” she said. “We in Congress are working hard to plug the loopholes in the U.S. financial system that have enabled anonymous shell companies to proliferate.” In a debate on restrictions on human rights during states of emergency during the meeting of the Committee on Democracy, Human Rights and Humanitarian Questions, Rep. Jackson Lee argued, “A state of emergency is not a free pass to dismantle a free press,” nor to threaten academic freedom or freedom of religion. She called on Turkey to release local U.S. Consulate employees Metin Topuz and Mete Canturk, as well as American physicist Serkan Golge. At the closing session, participants reviewed reports submitted by Sen. Ben Cardin (MD), OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance, and Rep. Chris Smith (NJ-04), OSCE PA Special Representative on Human Trafficking Issues. Rep. Moore encouraged other delegations to share with Sen. Cardin their efforts to implement their commitments to address violence and discrimination, while Rep. Zeldin called for legislative action and enforcement to make “every community in the OSCE region trafficking-free.” While in Vienna, Rep. Jackson Lee also attended a meeting of the OSCE PA Ad Hoc Committee on Migration, of which she is a member, while Rep. Hudson took part in a meeting of the Ad Hoc Committee on Countering Terrorism, where he serves as a vice chair. Prior to attending the Winter Meeting, most members of the delegation also attended the Munich Security Conference, the world’s leading forum for debating international security policy. On the margins of the conference, the group met with leaders including Serbian President Aleksandar Vucic, INTERPOL Secretary General Jurgen Stock, and Turkish Defense Minister Hulusi Akar. The delegation was briefed by NATO Supreme Allied Commander Europe Gen. Curtis Scapparotti and Commander, U.S. Army Europe Lt. Gen. Christopher Cavoli. Members also visited Cyprus, where they met with Cypriot President Nicos Anastasiades to discuss opportunities to advance U.S.-Cyprus relations, resume reunification negotiations on the island, and counter the threat of money laundering to Cyprus’ banking sector. Major General Cheryl Pearce of Australia, Force Commander of the United Nations Peacekeeping Force in Cyprus, briefed the delegation on UNFICYP’s mission and the status of conflict resolution efforts. Following her briefing, the delegation toured the UN Buffer Zone to examine the work of the UN’s peacekeeping force and the physical separation that afflicts the island.

  • Asset Recovery in Eurasia

    Asset recovery—the process of repatriating funds previously stolen by corrupt officials—remains one of the most contentious points in the fight against transnational corruption. Though only a small percentage of stolen funds are ever recovered, major questions exist about the best ways to ensure that repatriated funds don’t simply reenter the same patronage cycle from which they came. This briefing explored approaches to repatriation in Armenia, Ukraine, and Kazakhstan. Panelists discussed best practices and challenges in asset recovery as well as appropriate policy responses, both by the state in question and the international community, and compared the respective approaches of the three countries. Brian Earl, who worked the Pavlo Lazarenko case for years as a detective in the FBI, spoke of uncovering massive amounts of unexplained assets that were initially generated by fraudulent schemes in Ukraine but were scattered abroad. Earl underscored the importance of a multiparty investigation between authorities from the United States, Ukraine, and Switzerland in unearthing evidence of fraud against Lazarenko. Joint investigative liberty and resources were crucial to asset recovery efforts in the 1990s—resources he said were drastically reduced once attention was turned away from investigating capital flight from former Soviet states to antiterrorism efforts after the September 11 attacks. Professor Kristian Lasslet of Ulster University asked the question of what to do with restituted assets when the government to which the asset belongs may be part of the corruption scheme. Lasslet cited the example of Kazakhstan Two, in which seized assets flowed back into questionable hands by bungled efforts from the World Bank and the Swiss government. He contrasted the case with Kazakhstan One, in which asset recovery was handled well at arm’s length of parties that may be interested in funneling assets back into the cycle of fraud. Sona Ayvazyan of Transparency International Armenia offered optimism in the Armenian government’s renewed approach toward transparency and anticorruption efforts but warned of the serious lack of capacity on asset recovery infrastructure. Though the leadership may be serious about removing corruption, she spoke of a discredited judiciary that poses serious problems for Armenia’s future anticorruption policies. According to Karen Greenaway from the FBI (ret.), civil society and non-governmental societies must reassert their role in the conversation on asset recovery. She highlighted the severe lack in bureaucratic infrastructure for asset recovery in many nations afflicted with corruption—particularly Ukraine. The paradox, she asserted, was between the structure of corruption, which is designed to dissipate large quantities of money very rapidly, and the system to repatriate those assets, which is painfully slow and often lacking in resources.  

  • Chairman Hastings Appoints Alex T. Johnson Helsinki Commission Chief of Staff

    WASHINGTON—Rep. Alcee L. Hastings (FL-20), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission), today announced the appointment of Alex T. Johnson as Helsinki Commission Chief of Staff. Johnson will be the commission’s first African-American chief of staff since it was established in 1976. “I am pleased to welcome Alex Johnson back to the Helsinki Commission,” said Chairman Hastings. “His broad range of experience—including several years at the U.S. Mission to the OSCE in Vienna—and deep understanding of issues related to fundamental freedoms and human security in North America, Europe, and Central Asia will keep the commission at the vanguard of regional policymaking.” “I have learned from Chairman Hastings over the years that transatlantic security is contingent on advancing human rights and human dignity, including for the most marginalized populations in the OSCE region,” said Johnson. “I am honored to once again empower our commissioners' legacy as the moral compass for transatlantic cooperation.” Johnson, a former policy advisor at the Helsinki Commission, returns to the organization after serving as the senior policy advisor for Europe and Eurasia at the Open Society Foundations, where he led U.S.-focused advocacy for 12 national foundations and regional programs ranging from Central Asia to Western Europe. An expert on European human rights and transatlantic security, he served as an Obama Administration official at the Pentagon, where he focused on furthering security cooperation with Eurasia and the Western Balkans. Johnson is also known for his research and leadership of advocacy coalitions of diverse foreign policy professionals and is recognized as a leader in advancing inclusion for the U.S. national security workforce. He is a term member of the Council on Foreign Relations and a member of the Truman National Security Project Defense Council. Johnson’s first day as chief of staff of the Helsinki Commission will be February 14, 2019.

Pages