Helsinki Commission Delegation Advances Priority Issues at First OSCE PA Annual Session Since Onset of Covid-19 PandemicThursday, July 15, 2021
WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) and Ranking Member Sen. Roger Wicker (MS) last week led a U.S. delegation to the 2021 OSCE Parliamentary Assembly (PA) Annual Session in Vienna, Austria. The assembly was the first major gathering with an in-person component since the onset of the COVID-19 pandemic in March 2020. The 2021 OSCE PA Annual Session was held in a hybrid format, with most of the approximately 250 delegates participating remotely and others convening in Vienna. The United States had more representatives to the in-person meeting of the OSCE PA Standing Committee—comprising the heads of national delegations and other OSCE PA leaders—than any other participating State: Chairman Cardin, as the head of the U.S. delegation; Sen. Wicker, who serves as a vice-president of the OSCE PA; and Helsinki Commissioner Rep. Richard Hudson (NC-08), who chairs the OSCE PA General Committee on Political Affairs and Security. Other members traveling to Vienna included Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Rep. Joe Wilson (SC-02), Commissioners Rep. Gwen Moore (WI-04) and Rep. Marc Veasey (TX-33), Sen. John Cornyn (TX), Sen. Thom Tillis (NC), Rep. Lloyd Doggett (TX-35), Rep. Andy Harris (MD-01), and Rep. Trent Kelly (MS-01). Remote participants in the Annual Session included Commissioners Sen. Tina Smith (MN), Sen. Sheldon Whitehouse (RI), Rep. Robert Aderholt (AL-04), and Rep. Brian Fitzpatrick (PA-01), along with Rep. Sheila Jackson Lee (TX-18) and Rep. Chris Smith (NJ-04). During the Annual Session, the American legislators engaged in debates on political affairs and security, economic and environmental matters, and democracy and human rights. The U.S. legislators also played key roles in the adoption of three resolutions reflecting the major issues confronting the OSCE today: rising hate and its use to bolster authoritarianism and conflict, a call for democratic change in Belarus, and continued opposition to Russian aggression in Ukraine. Chairman Cardin, who also serves as the OSCE PA Special Representative on Racism, Anti-Semitism, and Intolerance, sponsored the first resolution, urging OSCE participating States to adopt an OSCE Anti-Discrimination, Equity, and Inclusion Action Plan, to strengthen the efforts of law enforcement, civil society, and others to tackle discrimination and extremism. In addition, parliamentarians held the first Assembly elections in two years, with both Sen. Wicker and Rep. Hudson easily retaining their leadership posts. Sen. Wicker received the most votes of any of the nine vice-presidential candidates, while Rep. Hudson was elected by acclamation. While in Vienna, members also met with OSCE Secretary General Helga Schmid and other senior OSCE officials, along with International Atomic Energy Agency Director General Rafael Grossi. The in-person delegation also traveled to Estonia, where they met with Estonian Prime Minister Kaja Kallas, Foreign Minister Eva-Maria Liimets, former President Toomas Hendrik Ilves, and Chair of the Riigikogu Foreign Affairs Committee Marko Mihkelson to demonstrate the strong U.S. support for the bilateral security relationship. During a visit to Narva, delegation members engaged with representatives of the local Russian-speaking community and visited the Russia-Estonia border to gain a better understanding of the security situation. “The American alliance with Estonia is based on shared democratic values. We appreciate our bilateral relationship and mutual efforts to support the democratic opposition in Belarus and independent voices in Russia,” said Chairman Cardin. “Across the 57 nations that are part of the OSCE, rising challenges to democratic norms require a sober and sustained response from those committed to the rule of law and the defense of human rights. Estonia and the United States are staunch allies in this effort.” “As the Baltic region faces serious and continuing security challenges, the United States is proud to support our steadfast NATO allies,” Sen. Wicker said. “This visit by a bipartisan and bicameral delegation is representative of the strong consensus in the U.S. Congress to push back against the Kremlin’s malign activities in the region. We also appreciate the important and growing contributions of Estonia and our other regional allies and partners as we work to address global security challenges.” Members then traveled to Bulgaria for the Three Seas Initiative Summit, designed to promote transparent and sustainable investments in energy, transportation, and digital infrastructure that contribute to an undivided, free, prosperous, and resilient Europe. While at the summit, they held bilateral meetings with President Andrzej Duda of Poland, President Rumen Radev of Bulgaria, and President Egils Levits of Latvia to discuss a broad range of security and human rights issues. The delegation also traveled to Varna to examine Black Sea regional security issues; visited a Roma community to better understand the current situation of Roma in Bulgaria and underscore U.S. support for the rights of Bulgaria's Roma population; and met with journalists of the recently re-established Bulgarian service of Radio Free Europe. “We brought a dozen members from the U.S. Congress to Sofia to demonstrate support for the Three Seas Initiative and also to engage with Bulgaria’s leaders and its people about our shared values and basic human rights,” said Chairman Cardin. “Protecting civil and human rights is an essential component of every democracy and we look forward to hearing more about how Bulgaria is safeguarding fundamental freedoms and the rule of law.” “The Black Sea region has seen a troublesome rise in tension recently,” said Sen. Wicker. “Our visit to the area was intended to keep us abreast of the situation and to demonstrate our strong, enduring, and bipartisan support to Bulgaria and our other NATO Allies and partners in the region.” En route back to the United States, the delegation visited the Marine Corps Prepositioning Program Norway, a cooperative effort with a stalwart NATO ally that reinforces regional security and offers direct support to U.S. deployments as far away as Iraq.
45th Anniversary of the U.S. Helsinki CommissionMonday, June 21, 2021
I take this time as the Chair of the Commission on Security and Cooperation in Europe, better known as the Helsinki Commission, as we celebrate our 45th anniversary. The Helsinki Commission is the vehicle for U.S. participation in the Organization for Security and Co-operation in Europe (OSCE), representing 57 states that have come together under the OSCE, all the countries of Europe, all the countries of the former Soviet Union, including those located in Central Asia, the United States, and Canada. Mr. President, this is a unique body in that it represents both the executive and legislative branches of government. The executive branch has representatives on the Helsinki Commission, and both the House and Senate have Senators and Representatives that serve on the Helsinki Commission. I am very pleased to have as my co-leader Senator Wicker from Mississippi as the Republican leader in the Senate on the Helsinki Commission. The Helsinki Commission has been responsible for elevating our moral dimension to U.S. foreign policy. Its principles point out very clearly that you cannot have security without dealing with good governance and human rights; you cannot have economic progress unless you have governance that respects the rights of all its citizens. That is why I was so pleased when President Biden announced that his foreign policy would be value-based, that as we participate in our foreign policy challenges, it will always be wrapped in our values, and his recent trip to Europe underscored that important lesson. And then he issued, not two weeks ago, the statement that corruption is a core national security threat and that we have a responsibility to fight corruption in order to protect our national security. I am so pleased of the accomplishments of the Helsinki Commission, particularly from the human rights and human dimension. I go back to my early days in the House of Representatives, when the Soviet Union still existed and the challenges of Soviet Jews trying to emigrate from the Soviet Union. It was the Helsinki Commission that was one of the leading voices to help deal with Soviet Jews. I think about trafficking-in-persons, modern-day slavery, and the efforts that the United States did in leading that effort, including passing landmark legislation in trafficking in persons and establishing a rating system where every country in the world is rated on how well they are dealing with fighting trafficking. Now this has become the model, and so many countries have acted. It was the U.S. Helsinki Commission that led the effort for what Congress was able to pass and the international effort in order to fight trafficking-in-persons. I think about the perpetrators of war crimes and crimes against humanity and genocide, and recognize that it was the Helsinki Commission that pushed to hold those who were responsible for these atrocities accountable, particularly as it related to the Balkan conflict. Then I think about the landmark legislation that was passed in the Congress that deals with sanctions against human rights violators, first the Magnitsky sanctions and then the Global Magnitsky sanctions. It came out of hearings from the Helsinki Commission and legislation that we authored. It is not only the standard here in the United States. It has been adopted as the standard in Europe, in Canada, and in other countries, to make it clear that human rights violators will not be able to hide their illicit funds in our banking system or visit our country. Perhaps our strongest contribution is the oversight hearings that we hold. We also passed the Elie Wiesel Atrocities Prevention Act. But just last week we had a hearing in the Helsinki Commission on how we can prevent atrocities from occurring in the first place. So I am very proud of the accomplishments of the commission. Part of the responsibilities of every member state of the OSCE is that we have the right to challenge any State’s compliance with the Helsinki Final Act Accords. So it is our responsibility to challenge when Russia violates those provisions or when we see violations in Turkey—any member State, we can challenge. But we also have to do our own self-evaluation. As Chairman of the commission, I have been using that opportunity to question conduct in our own country when it does not match the responsibilities that we should have. We saw that in the past in regard to the torture issues in Guantanamo Bay. My participation in the Helsinki Commission goes back to my early days in the House of Representatives and some of my proudest moments of representing our country on the international stage. Let me just give you a few examples. In February 1991, I joined a fact-finding mission to Latvia, Lithuania, and Estonia. That is when the Soviet tanks were in Vilnius. That is when the Soviet Union was demonstrating oppression against the people of the Baltic States. It was a very sad moment of oppression, and we went there to stand up for the people of the region, to let them know that the United States never recognized the Soviet’s occupation of the Baltic States, and that we stood with the people and their independence. It was very interesting. We went from there to Moscow, and Mikhail Gorbachev didn’t want to have anything to do with us. He wouldn’t have a meeting with us, and he wouldn’t acknowledge that we were there. But we had a meeting with Boris Yeltsin, who at that time was the chair of the parliament, and we got great visibility. And Yeltsin supported our efforts to condemn the Russian use of force. I have been to Germany several times. My first trip on behalf of the Helsinki Commission was when it was a divided country, and we went to East Berlin. We were the voices for those oppressed people whose voices could not otherwise be heard, and we gave them hope that one day they would see freedom. I then returned when we were literally taking down the Berlin Wall, and I joined in taking down part of the Berlin Wall. I have part of that as a prized possession in my home. I have returned to Germany as a united country and see what a democratic Germany means and the work of our commission to bring down the Iron Curtain. Germany is now a leading democratic state and a great ally of the United States. I have been to Kyiv, Ukraine, on several occasions. I was there during the Maidan protests, where the people demanded democracy. And then I had a chance to return and monitor the elections in Ukraine with Senator Portman—again, a country that has been able to rid itself of the oppression of the Soviet Union. I have been very active in the Helsinki Commission in regards to the Parliamentary Assembly. I chaired one of their three standing committees. I had a chance to become Vice-President at the Parliamentary Assembly. Today, I acknowledge Senator Wicker, who is Vice-President. It points out the bipartisan nature of the Helsinki Commission and our work on the international platform.
Sweden's Leadership of the OSCEFriday, June 11, 2021
In 2021, Sweden chairs the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—which comprises 57 participating States stretching from North America, across Europe, and to Central Asia and Mongolia. Even as the OSCE begins to emerge from the global COVID-19 pandemic, it is tackling other critical challenges, including Russia’s ongoing aggression in Ukraine, protracted conflicts in Moldova and Georgia, and the pursuit of a lasting and sustainable peaceful settlement of the Nagorno-Karabakh conflict through the framework of the Minsk Group. Meanwhile, several countries are deliberately spurning their OSCE commitments to human rights, democracy, and the rule of law. Participating States including Russia, Belarus, and Turkey not only stifle dissent in their own countries but also seek to undermine the OSCE’s work defending fundamental freedoms and curtail civil society’s participation in OSCE activities. Other shared challenges include combating human trafficking, countering terrorism and corruption, and protecting vulnerable communities, including migrants, from discrimination and violence. At this virtual hearing, Swedish Foreign Minister and OSCE Chairperson-in-Office Ann Linde discussed Sweden’s priorities for 2021 and addressed current developments in the OSCE region. Related Information Witness Biography
COVID-19 Vaccination Rollouts Expose Underlying Inequalities, Underscore the Need for Equitable, Coordinated Response to Global Health CrisesMonday, June 07, 2021
By Michelle Ngirbabul, Max Kampelman Fellow, and Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE More than one year into the COVID-19 pandemic, over 169 million cases and nearly four million deaths have been reported worldwide. The development and rollout of mass vaccination campaigns have proved to be the most effective, and most important, tools in combating the deadly virus. However, supply chain issues and geopolitical struggles have plagued vaccine rollout efforts, and subsequent delays have exposed and exacerbated existing social, health, and economic inequalities within and among OSCE participating States. To control the ongoing pandemic and prepare for the threats of future global health crises, governments must rely on extensive cooperation and coordination to ensure that vaccination programs and relevant policies are equitable among States. COVID-19 Vaccinations are the Key to Ending the Pandemic Vaccines always have been an important part of managing public health crises. During the COVID-19 pandemic, pharmaceutical companies based in the United States, Germany, China, India, Russia, the United Kingdom, and Sweden rapidly developed the nine leading approved or authorized coronavirus vaccines using various approaches. Vaccines produced by Pfizer, Moderna, Oxford-AstraZeneca, and Johnson & Johnson have been approved or authorized for wide use either in Europe or the United States. The U.S. Food and Drug Administration granted emergency use authorization (EUA) to the Pfizer and Moderna vaccines in December 2020 and to Johnson & Johnson’s Janssen vaccine in February 2021. Likewise, the European Medicines Agency authorized Pfizer for use in December 2020 and Moderna, AstraZeneca, and Janssen in early 2021. The highly effective vaccines inspire hope that an end to the pandemic may soon be within sight both at home and abroad. Systemic Challenges Hampered Effective Vaccination Rollout Despite the number of approved vaccines available, systemic challenges have impeded vaccine procurement and rollout. For example, in the weeks following the Moderna and Pfizer vaccines’ EUA, vaccine supply shortages, bottlenecks in distribution by manufacturers and production errors, and bureaucratic challenges complicated distribution amid a surge in demand globally. While Moderna and Pfizer expanded production, in the absence of a clear national strategy, confusion, delays, and shortages plagued early U.S. vaccination efforts. Across the Atlantic, the European Union’s stuttering vaccination rollout was beset by vaccine shortages, partially due to its insistence on a joint EU vaccine procurement strategy and related bureaucratic delays. Unlike the United States and other countries that rushed to secure agreements with vaccine producers as early as August 2020, the EU’s 27 Member States were caught in lengthy price negotiations, forcing the region to wait at the back of the line to receive shipments. Shortly thereafter, the region’s vaccination efforts were dealt a massive blow when AstraZeneca, the company with which EU leaders signed a contract for at least 300 million doses of its COVID-19 vaccine, informed leaders in January that it was unable to meet agreed supply targets for the first quarter. Despite missteps, at least 12 of the EU’s 27 countries remain confident they will reach targets to vaccinate at least 70 percent of the adult population by the end of summer 2021. Pre-existing socioeconomic inequalities within countries have further complicated early vaccination rollouts. In the United States, the lack of a coordinated, federal response led to the significant disparity of access to vaccinations, varying widely depending upon one’s location, age, occupation, and underlying health conditions. Similarly, the United Kingdom reported lower vaccination rates among Black, Asian, and minority ethnic groups. Additionally, inequalities among countries also severely impacted efforts to control and end the pandemic. Vaccine Nationalism and Inter-State Competition Vaccine shortages also disproportionately affected certain countries in the EU, leading to inter-state competition for vaccines and varied vaccination rates among states. Frustrated with slow vaccine deliveries, authorities have coordinated restrictions on exporting vaccines—Italy, for example, had blocked a shipment of the AstraZeneca vaccine bound for Australia and warned of possible vaccine export restrictions to non-reciprocating countries outside the bloc. In March 2021, European Commission President Ursula von der Leyen stated that the EU would not consider donating vaccine supplies to developing countries until they have “a better production situation in the EU,” as the bloc struggles to maintain its own supply of vaccines EU unity was further challenged as leaders from Austria, Bulgaria, Croatia, the Czech Republic, Latvia, and Slovenia complained to Brussels that vaccines were not being proportionately delivered as originally agreed in the EU’s joint vaccine strategy. Under the modified agreement, less wealthy EU states that could not afford the more expensive Pfizer or Moderna vaccines were forced to wait for AstraZeneca vaccines amid ongoing shortages. The protesting states were also those that had received the lowest number of vaccines at that time, which raised concerns about individual states’ progress to vaccinate their populations and reach herd immunity. Despite early concerns of sustained and widening disparities, technical specifications agreed in April have charted a course for the bloc’s Digital Green Certificates—a digital COVID-19 vaccination record program to be launched in June 2021. Emerging Vaccine Diplomacy Political, economic, and logistical challenges created an opening for Russian and Chinese influence in the region through so-called “vaccine diplomacy.” Amid shortages and uncertainty, Russia and China have filled the vaccine gap by offering exclusive deals or free vaccines in dozens of countries globally. In August 2020, Russian President Vladimir Putin announced that Russian regulators had licensed Sputnik V, the world’s first COVID-19 vaccine, and claimed that clinical trials demonstrated an efficacy rate of over 90 percent. In December 2020, approximately one month after Pfizer and Moderna received approval in the United States and the European Union, China-owned Sinopharm also brought its vaccine to market, claiming a 79 percent efficacy rate. Global experts in vaccine immunology and epidemiology have since criticized Moscow’s and Beijing’s lack of transparency, questioned the reliability of clinical trial data, and raised safety concerns. Despite such skepticism, Russia and China are determined to implement an elaborate international rollout of their vaccines to strengthen their influence abroad, even at the expense of their domestic vaccinations. Between the two countries, China and Russia have secured deals to supply more than 800 million vaccine doses in 41 countries. Hungary, the Czech Republic, and Slovakia were among the first European countries to forego waiting for Sputnik V’s and Chinese-made Sinopharm vaccine’s full approval or authorized emergency use from the European Medicines Agency. In mid-February, 500,000 doses of the initial batch of five million Sinopharm vaccines arrived in Hungary, making it the first member of the EU to receive the Chinese vaccine and authorize emergency use within the country. As of May 2021, nearly 60 countries have registered to administer the Sputnik V vaccine, including OSCE participating States Azerbaijan, Belarus, Hungary, Kazakhstan, Moldova, North Macedonia, Serbia, Slovakia, Ukraine, and Uzbekistan. Austria seemingly used negotiations with Russia for one million doses to bolster its bid for a greater portion of the EU’s pool of bloc-approved vaccines. Although Sputnik V is not approved for use in the EU and received negative ratings by Russia’s own domestic drug regulating body, Slovakia authorized the vaccine for use in late May and followed Hungary as the EU’s second country to administer the Sputnik V vaccine. In Hungary, which leads the EU in COVID-19 deaths per capita, demand remains high for EU-approved doses despite a pervasive government-supported campaign to increase interest in Russia’s jab. As countries attempted to procure vaccines, the Russian Direct Investment Fund was reaching deals with various companies in Italy, Spain, France, and Germany to produce Sputnik V, pending approval by the European Medicines Agency, promising to deliver vaccines for 50 million Europeans from June 2021. China has also signaled further investments in vaccine donations, particularly in countries in or near the Western Balkans—as they turn towards Russia and China for COVID-19 vaccine doses amid the EU’s struggles, intensifying the EU’s geopolitical problem. Adapting Approaches to Meet Emergent Challenges The emergence of varied and highly transmissible mutations of the virus risk in late 2020 and early 2021 outstripped the ability of vaccines to contain the virus, led to the extension or reintroduction of lockdowns, hampered economic recovery, and overburdened health care systems. Emergent variants have further highlighted the need to prioritize vaccination rollouts amid spiking case numbers. Also underscored is the role that effective vaccination programs can play to limit threats against democracy and misuse of global crises by corrupt leaders. Across the globe, challenges posed by the pandemic have provided governments with pretexts to consolidate power and restrict civil and human rights through measures such as imposed lockdowns, allegedly to curb high case counts or deaths. For example, Hungarian Prime Minister Viktor Orbán assumed extraordinary emergency powers with no sunset clause to seize unchecked power. While Orbán eventually opted to remove the most widely-condemned feature of his emergency powers in January 2021, the other elements of the measure remain in place. Systemic challenges also exist in inequities among countries as wealthier countries stockpiled batches of vaccines despite the efforts of COVAX—a global program led by the Coalition for Epidemic Preparedness Innovation (CEPI), GAVI, the WHO, and UNICEF that aims to ensure equitable distribution of COVID-19—to help prevent vaccine stockpiling and subsequent inequities. However, there is hope. An EU summit in March 2021 led to an agreement to improve vaccine production and distribution to its Member States and abroad. As of mid-May 2021, COVAX has shipped more than 59 million vaccines to 122 countries. In the United States, the Biden administration launched a campaign to improve cooperation among industry rivals, increase vaccine production and distribution, promote access to reliable information, enhance cooperation with the EU, and waive vaccine patents. Increased U.S.-EU cooperation could alleviate vaccination shortages, secure supply chains, successfully and safely develop vaccine passports, and achieve widespread resistance to the virus and its powerful variants to save lives and reopen the global economy. Lessons Learned for a More Equitable and Secure Future Vaccines have the potential to mitigate the spread of the virus and help orient the world within a “new normal” post-COVID-19, but only if they are sufficiently deployed. The pandemic illustrated that political leaders, scientists, and citizens cannot operate in silos during health crises. Rather, health emergencies must be viewed as global security crises that require coordination and cooperation among all stakeholders. To reap the full health, societal, and economic benefits of vaccines, programs must be coordinated, inclusive, and equitable. The COVID-19 pandemic demonstrates the enduring importance of the OSCE’s comprehensive approach to security: none are safe until we all are safe.
Swedish Foreign Minister Ann Linde to Appear at Helsinki Commission Online HearingThursday, June 03, 2021
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: SWEDEN’S LEADERSHIP OF THE OSCE Priorities for 2021 Friday, June 11, 2021 9:15 a.m. to 10:15 a.m. Watch Live: https://www.youtube.com/HelsinkiCommission In 2021, Sweden chairs the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—which comprises 57 participating States stretching from North America, across Europe, and to Central Asia and Mongolia. Even as the OSCE begins to emerge from the global COVID-19 pandemic, it is tackling other critical challenges, including Russia’s ongoing aggression in Ukraine, protracted conflicts in Moldova and Georgia, and the pursuit of a lasting and sustainable peaceful settlement of the Nagorno-Karabakh conflict through the framework of the Minsk Group. Meanwhile, several countries are deliberately spurning their OSCE commitments to human rights, democracy, and the rule of law. Participating States including Russia, Belarus, and Turkey not only stifle dissent in their own countries but also seek to undermine the OSCE’s work defending fundamental freedoms and curtail civil society’s participation in OSCE activities. Other shared challenges include combating human trafficking, countering terrorism and corruption, and protecting vulnerable communities, including migrants, from discrimination and violence. At this virtual hearing, Swedish Foreign Minister and OSCE Chairperson-in-Office Ann Linde will discuss Sweden’s priorities for 2021 and address current developments in the OSCE region.
Helsinki Commission Commemorates 45 Years of Advancing Comprehensive Security in the OSCE RegionThursday, June 03, 2021
WASHINGTON—To commemorate the 45th anniversary of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, on June 3, Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “The Helsinki Commission has played a vital role in elevating the moral dimension of U.S. foreign policy and prioritizing the protection of fundamental freedoms in our dealings with other nations,” said Chairman Cardin. “From fighting for fair treatment of Jews in the Soviet Union, to developing landmark legislation to address human trafficking, to demanding sanctions on human rights violators and kleptocrats, and so much more, the commission consistently has broken new ground.” “For 45 years, the commission has flourished as a bipartisan and bicameral platform for collaboration within the federal government. Its purpose is not to support a specific party or administration, but instead to advance transatlantic cooperation, promote regional security and stability, and hold OSCE participating States accountable to their promises,” said Sen. Wicker. “Our commissioners’ united front against threats to democracy and human rights worldwide has become a pillar of U.S. international engagement.” “I am grateful to have experienced the crucial role played by U.S. engagement in the Helsinki Process, both as an election observer in Bulgaria in 1990, and later as a lawmaker and commissioner,” said Rep. Wilson. “The Helsinki Commission is unique in its ability to adapt to evolving global challenges. The defense of human rights and democracy looks different now than it did during the Cold War, but we continue to unite over the same resilient principles and commitment to fundamental freedoms.” On June 3, 1976, U.S. President Gerald Ford signed the Helsinki Commission into existence through Public Law 94-304 to encourage compliance with the Helsinki Final Act of 1975—the founding document that lays out the ten principles guiding the inter-state relations among today’s OSCE participating States. The agreement created new opportunities to engage with European partners on human rights, cooperative security, economic opportunities, and territorial disputes, and the commission played an integral role in ensuring that human rights became a key component of U.S. foreign policy. Forty-five years after its founding, the Helsinki Commission continues to engage with participating States to confront severe and persistent violations of human rights and democratic norms. Since its establishment, the Helsinki Commission has convened more than 500 public hearings and briefings. It regularly works with U.S. officials in the executive branch and Congress to draw attention to human rights and security challenges in participating States, including racism, anti-Semitism, and intolerance; corruption; human trafficking; and Russia’s persistent violations of the Helsinki Final Act in its relations with Ukraine and other OSCE countries.
Helsinki Commission Leaders Mark World Press Freedom DayMonday, May 03, 2021
WASHINGTON—On World Press Freedom Day, Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “Press freedom is at the core of a healthy democracy,” said Chairman Cardin. “Over the last year, we have witnessed a sharp decline in access to information globally, and a rise in cases of violence against journalists. Some OSCE participating States have even used the COVID-19 pandemic as grounds to justify unnecessary restrictions on the press. Independent, professional journalism grounded in truth and transparency is the best antidote to the poison of disinformation and misinformation that plagues the OSCE region, during this global emergency and at all times.” “Strong democracies encourage a free press—one that informs the public, welcomes diverse voices, and holds leaders accountable,” said Sen. Wicker. “Unfortunately, in many nations autocrats abuse political, economic, and legal measures to intimidate, jail, and bankrupt members of the media who oppose them. On World Press Freedom Day, I commend the courageous journalists who work despite these threats.” “In the absence of press freedom, citizens are denied access to information and prevented from meaningful engagement in their communities,” said Rep. Wilson. “In some participating States, we continue to see violent attacks, arbitrary arrests, legal harassment, and other attacks against the legitimate work of journalists. These attempts to close off the information pipeline only highlight the weakness of such regimes, not their strength.” In its 2021 World Press Freedom Index, Reporters without Borders found that journalism is totally blocked, seriously impeded, or constrained in 73 percent of the countries evaluated. The data also reflect a dramatic deterioration in people's access to information and an increase in obstacles to news coverage. According to the study, Turkmenistan (at 178 of 180), Azerbaijan (at 167), Tajikistan (at 162), Belarus (at 158), Uzbekistan (at 157), Kazakhstan (at 155), Turkey (at 153), and Russia (at 150), rank the lowest in press freedom in the OSCE region. On April 30, Chairman Cardin and Helsinki Commissioner Sen. Marco Rubio (FL) reintroduced the World Press Freedom Protection and Reciprocity Act, which seeks to protect and promote worldwide press freedom and enhance reciprocity for U.S. news and media outlets. Earlier in April, Helsinki Commission leaders called on Belarusian authorities to release journalists and political prisoners. In 2020, the U.S. Helsinki Commission held a hearing to examine the troubling trend of violence against journalists, and review implementation of international press freedom commitments undertaken by the United States. In 2019, the OSCE Representative on Freedom of the Media testified before the U.S. Helsinki Commission on the state of media freedom in the OSCE region.
Helsinki Commission Leaders Troubled by Kyrgyzstan’s New ConstitutionMonday, April 19, 2021
WASHINGTON—Following the adoption of a new constitution in Kyrgyzstan on April 11, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “We are concerned that this new constitution will move Kyrgyzstan—long considered among the most democratic countries in Central Asia—toward authoritarian rule by concentrating power in the hands of the president, reducing the role of parliament, and minimizing checks and balances. “Vague provisions prioritizing the ‘moral and ethical values and public conscience of the people of the Kyrgyz Republic’ could be used to restrict human rights, including freedom of expression. We urge the Government of Kyrgyzstan to ensure that the country’s independent media and civil society can exercise their human rights and fundamental freedoms without interference.” The new constitution was approved via referendum, although voter turnout was low at just over 30 percent. President Sadyr Japarov, who took office after being freed from prison during unrest that followed a popular revolt sparked by fraudulent parliamentary elections last October, promoted the constitution’s stronger presidential role. Prior to the referendum, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the Council of Europe’s Venice Commission jointly evaluated the draft constitution and concluded that the process adopting it did not follow the rule of law and took place with minimal public consultation or parliamentary debate, and that it raised “grave concerns over the lack of respect for the principles of the rule of law, separation of powers, and inherent lack of checks and balances.”
Cardin and Wicker on April 15 Sanctions Against RussiaFriday, April 16, 2021
WASHINGTON—In response to President Biden’s Executive Order on harmful foreign activities of the Russian government and subsequent Treasury sanctions designations, Helsinki Commission Chairman Sen. Ben Cardin (MD) and Sen. Roger Wicker (MS) issued the following statements: “The Biden administration is holding Russia to account for its malign activities in a direct and transparent manner,” said Chairman Cardin. “I applaud the president for taking bold action in response to Russia’s cyberattacks, election interference, its occupation of Crimea, the war it started in eastern Ukraine, and overall human rights abuses and weaponization of corruption. The president should continue to be frank with Russia about the consequences for their actions. We will need to stay the course and continue to use the Magnitsky Act and executive authority to further contain this dangerous regime.” “I welcome all efforts to hold Vladimir Putin accountable for his violence at home and abroad, but this package leaves much to be desired,” said Sen. Wicker. “Instead of the bold action needed to change the Kremlin’s behavior, yesterday’s sanctions represent the latest in a series of incremental steps that exact minimal costs and will have minimal effect. The longer we wait to impose real consequences for Moscow’s bad acts, the longer the Russian people will continue to suffer under Putin’s brutal authoritarian regime.” On April 15, Treasury sanctioned 16 individuals and entities that attempted to influence the 2020 U.S. presidential elections on behalf of the Government of Russia. Along with the European Union, United Kingdom, Canada, and Australia, Treasury also designated five people and three entities in connection with Russia’s occupation of Crimea and human rights abuses there. Under the authority of a new Executive Order issued by President Biden, Treasury implemented new restrictions on the purchase of Russian sovereign debt as well as targeted sanctions on technology companies engaged in malicious cyber activities against the United States.
Helsinki Commission Leaders Call on Belarusian Authorities to Release Journalists, Political PrisonersTuesday, April 13, 2021
WASHINGTON—In response to the ongoing crackdown on journalists and civil society in Belarus, including the detention of RFE/RL consultant Ihar Losik for almost 300 days on spurious charges, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “Despite Aleksandr Lukashenko’s attempt to intimidate Belarusians, the resounding call for freedom and democracy in Belarus has been heard around the world. Ihar Losik, Katsiaryna Barysevich, Dzianis Ivashyn, Katsiaryna Andreyeva, and Darya Chultsova are just a few of the brave Belarusian journalists who have been imprisoned for simply doing their jobs. “We stand in solidarity with the people of Belarus, and in admiration of the courageous journalists who provide critical information to their fellow citizens despite the serious risks they face. “We call on Mr. Lukashenko to release all political prisoners without exception, and to end the attacks against journalists, civil society, and all Belarusians peacefully exercising their rights.” Since the run-up to the fraudulent August 2020 election, and during the subsequent protests, Belarusian authorities have conducted a sweeping crackdown on journalists, civil society, and opposition politicians. Sen. Wicker immediately condemned the election results and violence against protestors in Belarus, and Rep. Alcee L. Hastings, then chairman of the Helsinki Commission, asked the U.S. administration to revoke access to the U.S. financial system for the nine largest state-owned companies in Belarus following the government’s violent suppression of peaceful protests. According to Belarusian human rights groups, there are now more than 350 political prisoners in the country. On March 31, the State Department announced that unless Belarus releases all political prisoners, the general license issued by the Treasury Department authorizing transactions with nine state-owned enterprises in Belarus will lapse in late April.
Helsinki Commission Leaders on Intelligence Report Outlining Foreign Attempts to Influence 2020 ElectionThursday, March 18, 2021
WASHINGTON—Following the release of a U.S. intelligence report outlining foreign efforts to influence the 2020 U.S. elections, including by the Kremlin, Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20), Rep. Joe Wilson (SC-02) and Sen. Ben Cardin (MD) issued the following statements: “The Kremlin wants to sow uncertainty, chaos, and disorder in the United States and uses weapons of influence and disinformation to strike when we are most divided and vulnerable,” said Rep. Hastings. “International election observers noted earlier reports of foreign actors engaged in disinformation campaigns designed to degrade public confidence in the U.S. electoral process. Although the 2020 elections were free and fair, we cannot be complacent. We must strengthen our society and institutions against further attacks on our sovereignty.” “The Kremlin’s mobilization of bots, trolls, and agents of influence to exploit pre-existing divisions in American society and further polarize discourse will not stop with our most recent elections,” said Rep. Wilson. “America’s best defense will continue to be informed citizens, continued vigilance from the U.S. intelligence community, and sanctions and other punishments on those who seek to undermine our institutions.” “Reports of the Kremlin’s efforts to influence our elections and undermine faith in our democracy are troubling,” said Sen. Cardin. “We must be vigilant against such threats, not only in the United States, but wherever Putin attempts to strike next. Working with allies around the globe to bolster our defenses against malign disinformation campaigns is vital to safeguard our foreign policy and security interests.” On March 16, the Office of the Director of National Intelligence released an unclassified version of a report assessing the scope of foreign threats to the 2020 U.S. elections. The intelligence community assessed that Russian president Vladimir Putin authorized “influence operations aimed at denigrating President Biden's candidacy and the Democratic Party, supporting former President Trump, undermining public confidence in the electoral process and exacerbating sociopolitical divisions in the United States.” The campaign, implemented by various Kremlin entities, focused on the use of proxies tied to Russian intelligence who peddled influence narratives in media and within the Trump administration. In September 2020, the Treasury Department imposed sanctions on one of the individuals mentioned in the report, Ukrainian parliamentarian Andriy Derkach. The report notes no attempts to interfere in technical aspects of the voting process.
The Ongoing Importance of the Work of the U.S. Helsinki CommissionTuesday, March 16, 2021
Madam Speaker, I rise today to discuss the work of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission and its continued importance in addressing challenges in our country and abroad. For over four decades, the Helsinki Commission has championed human rights, democracy, and comprehensive security across the 57 North American, European, and Central Asian countries that make up the region of the Organization for Security and Cooperation in Europe (OSCE). As Chair of the Helsinki Commission during the 116th Congress, I worked with my House and Senate colleagues to continue the Commission's longstanding efforts to monitor participating States compliance with the Helsinki Accords. The importance of election observation in our country and abroad, restorative justice, the safety of journalists, and the global impact of George Floyd's tragic death on racial justice efforts were just some of the issues the Commission addressed last Congress, in addition to our continued focus on Russia, Ukraine, the Balkans and continued democratic development in the region. As we continue our work of the 117th Congress, I invite you to review the report: "Retrospective On The 116th Congress'' at https://www.csce.gov/international-impact/retrospective-116th-congress and http://www.csce.gov/sites/helsinkicommission.house.gov/files/116th%20Congress%20Report%20Final.pdf. This report summarizes the Commission's activities, as well as recommendations critical for the continued promotion of democracy and U.S. national security. Madam Speaker, I look forward to continuing this critically important work during the 117th Congress.
U.S. Election Practices: An International PerspectiveTuesday, March 16, 2021
Madam Speaker, this chamber recently passed H.R. I, the "For the People Act,'' significant legislation making it easier for American citizens to vote in U.S. elections and improve transparency and accountability in our election process. The White House also recently announced a new executive order to assist this effort. These are positive developments that I welcome and support, but, as we all know, not everything regarding the conduct of elections can be done at the federal level. Unfortunately, many state legislatures are now undertaking efforts that would make it more difficult for eligible Americans to participate in the electoral process and vote. As Chair and in the leadership of the Helsinki Commission, I have supported the positive steps we are trying to take on this issue, yet I remain deeply concerned about those who want to move our country backward. Perhaps it would help our debate to look at the conduct of the 2020 U.S. elections from an international perspective, including the conduct of elections in conformity with international commitments first proposed and advocated by the United States more than 30 years ago. The United States has been one of five countries thus far where the OSCE Parliamentary Assembly has observed elections during the unprecedented challenges of the pandemic, and a German parliamentarian reported on its findings on February 26. He did not point fingers at us and accuse. He mentioned the positive as well as the negative. He is clearly a friend who cares, as most of the OSCE observers undoubtedly were. As a previous election observer in the OSCE region, I can also attest, that the code of conduct makes it is extremely unlikely that the OSCE election observation could be steered in support of any particular agenda other than better democracy. I therefore want to commend to my colleagues the full OSCE Final report "United States of America General Elections, 3 November 2020, ODIHR Limited Election Observation Mission," which can be found at https://www.osce.org/files/f/documents/7/7/477823_2.pdf. It offers an important perspective on our elections from persons who rightly care about the process, not the result. They have observed not only our elections since 2002 but elections in dozens of other countries on a regular basis. The issues raised in the report are the same issues we Americans debate here in Washington, in our state capitals and through the media. I take the conclusions and recommendations, including criticisms, in this election observation report seriously. It serves as a helpful guide on what next steps we should take to improve our electoral system. I believe our election officials and state legislators should read this report; indeed, I recommend it to any American who cares about his or her country. It is a broad snapshot of our entire, complex electoral system. Several of the priority recommendations in the report deal with voting rights and voter identification. Specifically, it says that "authorities should review existing measures to further reduce the number of unregistered voters, including addressing burdensome procedures and obstacles faced by disadvantaged groups.'' It also says that "states should make every effort to ensure that voter identification requirements are equally accessible to all voters.'' It also makes specific recommendations regarding specific groups of American citizens. We do not need to agree about every conclusion and recommendation in this report to take it seriously. It is a contribution to our debates from a unique perspective. Moreover, our acceptance of international observation serves a useful function in our foreign policy. OSCE election observation has encouraged practices giving voters a real choice in numerous other countries, many of which were once repressive, one-party communist states but are now our friends and even, in some cases, allies. The United States initiated this effort with the OSCE and contributes significantly to election observation missions elsewhere, providing the expertise that comes with our experience. If we are to encourage other governments to take this effort seriously and implement recommendations, we need to set the example ourselves. Unfortunately, several U.S. states greatly restrict or even prohibit international observation. This is something which must change as we prepare for mid-term elections in 2022 and general elections in 2024.
Ten-Member Congressional Delegation Demonstrates Ongoing U.S. Engagement With the OSCEFriday, March 05, 2021
By Bob Hand, Senior Policy Advisor Approximately 270 parliamentarians from across the OSCE region gathered virtually from February 24 – 26 for the OSCE Parliamentary Assembly’s Winter Meeting, the first statutory meeting of the Assembly held since the COVID-19 pandemic limited inter-parliamentary diplomacy to online gatherings. The ongoing impact of COVID-19 on security, the economy, the environment and the human rights and democratic development of the 57 OSCE States remained the focus of the annual gathering. Supported by the U.S. Helsinki Commission, the U.S. Delegation remained actively engaged, fielding a bicameral, bipartisan delegation of 10 Members of Congress who participated remotely in the debates. Sen. Ben Cardin (MD) served as Head of the U.S. Delegation. The OSCE Parliamentary Assembly (PA) is an independent institution of the Organization for Security and Cooperation in Europe (OSCE) created in 1991 for parliamentarians to complement the inter-governmental work of the 57 participating States. Unlike other OSCE bodies, countries are represented based on population rather than each having a single seat at the table (the United States has the largest representation with 17 seats), and decision-making is based on a majority vote rather than consensus. The Annual Session each summer is the principal gathering, with a Winter Meeting in February and an Autumn Meeting in October to initiate and conclude the year’s work. Despite a busy congressional schedule, the members of the U.S. Delegation successfully raised critical country, issue, and institutional concerns, including the attempted poisoning and incarceration of Alexei Navalny, Russian aggression in Ukraine, the brutal crackdown in Belarus and corruption and authoritarian tendencies elsewhere in the OSCE region. Active U.S. engagement demonstrates the depth of U.S. commitment to European security, and reflects the importance of the OSCE PA as a vehicle for advancing U.S. interests and building support on issues like human trafficking, attacks on the media, manifestations of anti-Semitism, racism and intolerance, as well as country-specific concerns. Such a large delegation of Members of Congress reflected the diversity of opinion in the United States, setting an example of openness and honesty for others to follow, deflecting accusations of double standards on U.S. performance, and strengthening the message on human rights concerns in other countries where the Members of Congress can and do express a united view. Improvising Engagement Amid Pandemic Since 2002, Winter Meetings have been held in Vienna, Austria to facilitate direct interaction among parliamentarians, OSCE officials, and diplomatic representatives of the OSCE participating States. The Winter Meeting also allows the Assembly’s general committees to discuss work for the coming year. The outbreak of the COVID pandemic in early 2020 forced the cancellation of the Annual Session scheduled for July in Vancouver and the Autumn Meeting scheduled for October in San Marino. Without rules dealing with such situations, the OSCE PA Secretariat maintained inter-parliamentary engagement by organizing a dozen or more inter-parliamentary web dialogues from April into November to substitute for the traditional gatherings. While no replacement for traditional meetings, these unofficial events provided needed continuity and contact among delegates. First the first time in the history of the OSCE PA, no annual declaration was adopted, but the then-Assembly President George Tsereteli provided summaries of the web debates on relevant issues, a record of dialogue even in the midst of pandemic. The OSCE PA resumed election observation where possible and responded to political impasse within the OSCE itself by issuing a “Call for Action” urging a reaffirmation of the organization’s once common purpose. For 2021, the OSCE PA has been seeking to resume its regular meeting schedule, although conditions still required the Winter Meeting to be held remotely. Five sessions were scheduled during hours that best accommodated participants across some 16 time zones, from Vancouver to Ulaanbaatar. At the meeting of the Heads of Delegation, known as the Standing Committee, it was announced that the 2021 Annual Session would be unable to be held in person as planned in Bucharest, Romania, in early July. As a result, the Standing Committee amended the Assembly’s rules of procedure to allow statutory meetings to go forward online, including permitting elections for OSCE PA officers and other decisions to be handled remotely. Maintaining Focus on Substantive Issues and Concerns Beyond scheduling and procedures, the Standing Committee also looked at substance. Following reports from current OSCE PA President Peter Lord Bowness (United Kingdom), Secretary General Roberto Montella (Italy), and OSCE PA Special Representatives appointed to address particular concerns, there were heated exchanges between Azerbaijan and Armenia regarding Nagorno-Karabakh, as well as on Russian aggression against Ukraine and the brutal crackdown on protesting opposition in Belarus—issues that would be raised repeatedly throughout the meeting. Sen. Cardin, attending not only as Head of Delegation but also as Special Representative on Anti-Semitism, Racism and Intolerance, delivered a report on his activities, as did Rep. Chris Smith (NJ-04), who serves as the Special Representative on Human Trafficking Issues. “The coronavirus pandemic has created an unprecedented health crisis in the OSCE region, exacerbated by pre-existing inequities and disproportionately impacting people of color. Heightened anti-Asian discrimination, anti-Semitic conspiracy theories, and violent attacks targeting diverse populations have followed… My report details a response to these developments, as well as the global racial justice movement spurred by the tragic death of George Floyd.” Sen. Ben Cardin (MD), Head of U.S. Delegation, U.S. Helsinki Commission Rep. Smith noted, “Traffickers did not shut down during the pandemic—they simply adapted their methods. Meanwhile, vulnerable people were made even more vulnerable by both the virus and its deleterious impact on the global economy… As we worked to address these challenges, it was crucial to have information and recommendations based on real, concrete data.” The Joint Session of the General Committees effectively served as the opening plenary. President Bowness opened the session with a defense of principled-based dialogue, and guest speakers included Ann Linde, Sweden’s foreign minister and this year’s OSCE Chair-in-Office, as well as Helga Schmid (Germany), the OSCE’s new Secretary General. The chairperson outlined plans for 2021, asserting that the she will “prioritize the comprehensive concept of security across all three dimensions,” namely the Security, Economic and Human Dimension, which she argued “contributes to making the OSCE truly unique.” The Secretary General expressed her hopes to provide needed support for the organization and its mission, and she credited the OSCE PA for bringing emerging security issues into the OSCE debate. Sen. Cardin thanked the Assembly and its parliamentarians for their expressions of concern and support for the United States in light of efforts to delegitimize the November 2020 presidential elections and the related violent mob attack on the U.S. Capitol in January 2021. He also expressed support for the comments of Lord Bowness and the priorities announced by the Swedish Chair-in-Office, including to have the Human Dimension Implementation Meeting in 2021. “We must challenge those who are seeking to weaken the OSCE or aren’t living up to their commitments. That’s our priority as parliamentarians … and we must as parliamentarians support the mission of the OSCE and help strengthen it through our actions and our capitals,” he said. Finally, speaking on behalf of Rep. Alcee Hastings (FL-20), who was unable to attend, Sen. Cardin asked the Swedish chair about how the OSCE can engage Armenia and Azerbaijan in order to address outstanding issues and encourage a return to the Minsk Group settlement process to achieve a sustainable resolution of the conflict. Taking a Closer Look at the Security, Economic and Human Dimensions of OSCE Following the Joint Session, each of the three General Committees heard from OSCE officials in their respective fields, or dimensions, of OSCE work. Presenters included the ambassadors serving as chairs of the counterpart committees of the OSCE’s Permanent Council and the head of the OSCE’s Special Monitoring Mission in Ukraine. The three committees also heard from their respective rapporteurs on plans for drafting substantive reports that will be the basis of further activity at the Annual Session. Rep. Richard Hudson (NC-08), who chairs the General (First) Committee on Political Affairs and Security, noted the myriad of security and political issues confronting the OSCE during the past year, including the war in Ukraine, conflict in Nagorno-Karabakh, and political turmoil in countries of concern like Russia, Belarus, and most recently Georgia. “Our engagement with critical issues in the OSCE space has been consistent and impactful,” he concluded. Speaking during the session, Acting U.S. Assistant Secretary of State Phil Reeker called the erosion of the European security environment the “biggest challenge we face today in the organization” and highlighted U.S. plans for the Forum for Security Cooperation (FSC) during its four-month chairmanship. The Acting Permanent Representative of the United States to the OSCE and FSC chair, senior diplomat Courtney Austrian, was present for the discussion. Sen. Roger Wicker (MS) took the floor during subsequent debate to condemn Russian violations of Helsinki Principles in its aggression in Ukraine. He said that “Moscow must withdraw proxies in eastern Ukraine” and “respect Ukraine’s territorial integrity,” asserting that relevant sanctions will remain in place until that happens. Rep. Steve Cohen (TN-09) also responded to an intervention on youth and drugs by a delegate from Belarus, arguing that citizens need to be given greater freedom if young people are to feel a commitment to the country. Three other Members of Congress participated in the session of the General (Second) Committee on Economic Affairs, Science, Technology and the Environment, which covered issues ranging from corruption to climate change. Rep. Brian Fitzpatrick (PA-01) focused on addressing corruption. “It should come as no surprise to anyone … that legislatures have one of the most important roles to play in combating corruption—that of establishing a transparent and accountable legal and financial framework that empowers law enforcement officials and is maximally resistant to fraud,” he said. Sen. Sheldon Whitehouse (RI) said that the United States “is back” in efforts to combat climate change and noted recent U.S. legislation designed to address shell companies that support a global dark economy by sheltering “assets of thieves.” Rep. Gwen Moore (WI-04) spoke about the devastating impact of the pandemic on women in the healthcare industry as well as on small business, and she expressed concern about risks to supply chains and business ties to both China and Russia. Three Members of Congress also participated in of the General (Third) Committee on Democracy, Human Rights and Humanitarian Questions. Rep. Cohen asserted that human rights has reclaimed its place in U.S. foreign policy, and emphasized human rights in concerns in Russia, Belarus, and Hungary. He expressed particular concern about the poisoning and recent arrest of Russian opposition figure Alexei Navalny and called for Belarus to release political prisoners and to hold elections with OSCE observers. Rep. Marc Veasey (TX-33) took the floor in a later debate, responding to a report on the OSCE’s observation of the U.S. general elections in November 2020. He stressed the need for U.S. states that currently prohibit or restrict international observation to consider a more open approach and concluded that “our election officials and state legislators should read this report,” along with “any American who cares about his or her country. It is a broad snapshot of our entire electoral complex system that we have here.” Rep. Robert Aderholt (AL-04) raised concerns about discriminatory restrictions on religious assembly during the pandemic, as well as on the diminishing free media environment in many participating States. “Press freedom in the OSCE region has continued to decline as some governments are using economic, legal, and extra-legal tools to silence independent media and also to bolster loyal outlets and dozens of journalists are imprisoned in the OSCE region,” he said. “We’ve seen that in Russia, we’ve seen that in Belarus, we’ve seen that in Turkey, detaining scores of journalists in recent national protests.” There was one side event held in conjunction with the Winter Meeting, organized by the Norwegian Helsinki Committee in cooperation with the Lithuanian Mission to OSCE. Seven panelists in two sessions highlighted how international instruments—such as the Moscow Mechanism, Magnitsky-like legislation, the International Criminal Court, the European Court of Human Rights, and the promotion of a universal criminal jurisdiction—could increase accountability of state actors, support Belarus’ democracy movement, and deny financial safe havens to Russian kleptocrats. Belarusian opposition leader Sviatlana Tsikhanouskaya and Boris Nemtsov Foundation for Freedom chairman Vladimir Kara-Murza were among the event panelists. Assessing the Effort The virtual three-day, five-session Winter Meeting could not replace an in-person gathering in Vienna, a point frequently made by the parliamentarians themselves. However, it did allow for a resumption of constructive debate in the general committees and interaction among parliamentarians and other OSCE institutions, paving the way for a return to more traditional work as the year progresses. The need to cancel the Annual Session planned for July in Bucharest was a major disappointment, but the adoption of rules governing such emergency situations now permit some continuity of effort.
Helsinki Commission Leaders Decry January 6 Attack on U.S. CapitolFriday, January 08, 2021
WASHINGTON—Following the violent assault on the U.S. Capitol on January 6, Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20), Sen. Roger Wicker (MS), and Sen. Ben Cardin (MD) issued the following statements: “I never thought that in my lifetime I would see our country’s democratic institutions literally under siege. In America, we pride ourselves on the integrity of our elections and on a peaceful transition of power. We demonstrate this not only through our words but through our actions, both at home as well as abroad, where we ardently support freedom and democracy from Vancouver to Vladivostok,” said Rep. Hastings. “Wednesday’s violence was a vicious attack on democracy, the rule of law, and every value that our country holds dear. President Trump must immediately condemn the actions of his supporters and recommit to his oath to preserve, protect, and defend the Constitution for the remainder of his term. Otherwise, the consequences could be unpredictable and potentially dire.” “Our country has long been a beacon of freedom and the orderly transfer of power. Wednesday’s attempt to disrupt our democracy through lawlessness and intimidation was intended to cast doubt on that principle but was doomed to fail. The guardrails held, and the work of the U.S. Congress continues,” said Sen. Wicker. “However, the divisions that led to this chaotic attack on the U.S. Capitol cannot be ignored. If the United States is to continue to inspire others who are fighting for their fundamental freedoms worldwide, we must work together to rebuild confidence in our institutions. In spite of our political differences, all Americans must make it clear that we will not stand for this kind of attack on the rule of law. And we must prosecute to the fullest extent of the law those who seek to undermine our democratic processes through violence.” “Violent behavior and blatant disregard for the rule of law can never be normalized in the U.S. or anywhere around the world. The American Capitol was attacked by a mob incited by a president who refused to accept the results from a free and fair election and who worked to overturn the will of the voters. If a foreign leader acted in such a blatant way to overturn legitimate election results, the full United States Congress rightly would forcefully condemn such autocratic and undemocratic actions,” said Sen. Cardin. “To move forward as a nation, members of both parties must stand together to reaffirm the resilience of our democracy, honestly confront the toxic voices in our society that seek to tear us apart, and so prevail over the dangerous extremism that led to this violent rampage.”
OSCE Ministerial Council Appoints Top Leaders, Adopts Several Key Decisions Amidst Constraints of COVID-19 and Conflict in EuropeMonday, December 21, 2020
By Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE Foreign ministers of the 57 OSCE participating States convened on December 3 - 4, 2020, for the 27th OSCE Ministerial Council. For the first time, this annual gathering was convened in an entirely virtual format due to the challenges posed by the COVID-19 pandemic. Despite a turbulent year, which included managing not only the effects of the COVID-19 pandemic but also the global anti-racism protests initiated following the killing of George Floyd; ongoing protracted conflicts in Moldova, Georgia, and Ukraine; fraudulent elections and systemic human rights violations in Belarus; and a renewal of active conflict between Azerbaijan and Armenia, consensus was achieved on many, but not all, draft decisions. The United States delegation to the Ministerial Council was led by Deputy Secretary of State Stephen Biegun. The delegation and included Deputy Assistant Secretaries of State George P. Kent, Michael Murphy, and Bruce Turner; Acting Assistant Secretary of State Philip Reeker; U.S. Ambassador to the OSCE James Gilmore; U.S Helsinki Commission Chief of Staff Alex Johnson; and Helsinki Commission staff Robert Hand, Janice Helwig, Rebecca Neff, Erika Schlager, Shannon Simrell, Dr. Mischa Thompson, and Alex Tiersky. A Call to “Turn a Corner” from Crisis to Cooperation Leveraging the meeting’s virtual format, national statements were livestreamed, offering transparency of the proceedings. Albanian Prime Minister and OSCE Chairperson-in-Office Edi Rama opened the meeting by recalling the solidarity of the signatories of the Helsinki Final Act and Charter of Paris and requesting that ministers “turn a corner” and demonstrate the political will required to address the multiple and complex challenges faced by the organization and across the region. In his remarks, Deputy Secretary Biegun reaffirmed U.S. priorities for engagement at the OSCE, underscoring the commitment to European peace and security and highlighting key challenges facing the OSCE region including Russia’s continued aggression in eastern Ukraine, Moldova, and Georgia, and the destabilizing effect of its flagrant violations of the OSCE’s foundational principles. He called upon Belarus to hold accountable those responsible for its human rights violations and electoral crisis, urged Armenia and Azerbaijan to engage with the Minsk Group Co-Chairs to attain a lasting end to the conflict in Nagorno-Karabakh, and warned States against using COVID-19 as a pretext to restrict civil society, independent media, or public access to information. Finally, he expressed concern about the increasing number of political prisoners and the rise in cases of anti-Semitism, anti-Roma racism, and other forms of hatred and hate crimes in the OSCE region since the onset of the pandemic. Consensus Achieved on Organizational Leadership, Preventing Torture, Countering Corruption, and More Despite the challenges inherent in virtual negotiations, consensus was achieved on 11 texts spanning all three OSCE dimensions of comprehensive security and supporting the organization’s internal governance. Ministers agreed on the appointment of the OSCE’s top four leaders: Helga Schmid (Germany) as Secretary General, Maria Teresa Ribiero (Portugal) as Representative on Freedom of the Media, Matteo Mecacci (Italy) as Director of the Office for Democratic Institutions and Human Rights (ODIHR), and Kairat Abdrakhmanov (Kazakhstan) as High Commissioner on National Minorities. The decisions broke a months-long impasse after Azerbaijan, Tajikistan, Turkey, and others blocked the reappointment of the previous executives, leaving the organization leaderless since July. Participating States also reached consensus on several decisions that added to OSCE’s body of commitments. One such decision concerned the prevention and eradication of torture and other cruel, inhuman or degrading treatment or punishment, building on existing OSCE commitments. A version of the text was originally proposed in 2014 by Switzerland during their 2014 Chairpersonship of the OSCE. The initiative reflected the country’s historic leadership in the area of international humanitarian law and profound concerns regarding torture in the context of counterterrorism efforts. The proposal was reintroduced over successive Ministerial Councils before its adoption in 2020. The widespread use of torture and other horrific abuse by Belarusian authorities, documented by the November 2020 report under the OSCE Moscow Mechanism, added urgency to this decision this year. As adopted, the decision includes explicit references to enforced disappearances and to incommunicado detention. Participating States also adopted decisions on preventing and combating corruption; strengthening co-operation to counter transnational organized crime; deepening cooperation with OSCE’s Asian Partners; supporting the Transdniestrian settlement process (also known in the OSCE as the “5+2” format, which brings together representatives of Moldova, Transdniestria, the OSCE, the Russian Federation, Ukraine, the European Union, and the United States); and selecting North Macedonia to chair the organization in 2023. Unfinished Business Unfortunately, participating States did not reach consensus on several other important drafts, including one co-sponsored by the United States and Belarus based on lessons learned during the COVID-19 pandemic that would have set out new commitments for participating States to effectively combat human trafficking during times of emergency. Other proposals, including texts to modernize the Vienna Document (a wide-ranging confidence- and security-building measure that includes provisions requiring notification of significant military activities, as well as an exchange of information about armed forces, military organization, and major weapon and equipment systems), enhance public-private partnerships to counter terrorism, and counter trafficking in natural resources were scuttled by Russian, Azerbaijani, and Armenian intransigence. Some drafts which did not reach consensus among all 57 states were turned into statements issued and signed by those countries that had supported their adoption. The United States signed onto nine such statements to support the concept of women, peace and security outlined in UN Security Council Resolution 1325; modernization of the politico-military framework of the Vienna Document; and a number of statements related to the OSCE’s role in addressing regional challenges like ending the Nagorno-Karabakh conflict, improving human rights compliance by Belarus, countering Russian aggression in Ukraine and the Republic of Georgia, and addressing challenges relating to the COVID-19 pandemic. The Albanian Chairperson, together with the OSCE’s 2019 Slovak Chairperson, and the OSCE’s three incoming Chairpersons (the “Quint”) issued two joint statements, one expressing concern about the ongoing conflict in Ukraine and another reaffirming the principles enshrined the Helsinki Final Act and the Charter of Paris for a New Europe. Side events highlight continuing challenges The Ministerial Council’s four side events highlighted priority areas for participating States and for the Parliamentary Assembly. Due to the virtual format, events on the Belarus Moscow Mechanism report, human rights violations in Crimea, combatting human trafficking during the COVID-19 crisis, and the OSCE Parliamentary Assembly’s call for renewed political will to address contemporary challenges, attracted hundreds of participants. Deputy Assistant Secretary Kent closed the Moscow Mechanism side event by promising to maintain a focus on the situation in Belarus, to support efforts to hold authorities accountable for torture and other human rights violations, and to ensure the voice of the Belarusian people is heard in determining their country’s future. At a side event organized by the OSCE Parliamentary Assembly titled “A Call to Action: Reaffirming a Common Purpose,” Helsinki Commission Ranking Member Sen. Ben Cardin (MD) affirmed the strong bipartisan support in the United States for the OSCE, and recognized it as vital forum to promote security, defend human rights and encourage democratic development in all OSCE countries. He argued that greater political accountability rather than organizational reform would make the OSCE more relevant and effective in the years ahead. “It remains the responsibility of the participating States to hold each other to account. In the face of repression at home or aggression abroad, the OSCE will succeed as a multilateral forum as long as those who are true believers stand united in defending the ten Helsinki principles and forthrightly raise violations in this forum.” Sen. Ben Cardin (MD), Ranking Member, U.S. Helsinki Commission, OSCE MC 2020 Side Event on “A Call to Action” Due to challenges related to convening during the COVID-19 pandemic, the NGO network Civic Solidarity Platform did not organize its annual Civil Society Conference, which had been held in conjunction with each OSCE Ministerial Council since its first convening during the 2010 OSCE Summit in Astana. Instead, the network organized a series of webinars in December to maintain focus on key issues of concern. 2021: OSCE’s Swedish Chairpersonship “Back to Basics” Looking ahead to its 2021 Chairpersonship, Swedish Foreign Minister Ann Linde said that Sweden will work to get “back to basics:” defending the European security order, contributing to resolving conflicts, and upholding the OSCE’s comprehensive concept of security with a special focus on human rights, democracy, and gender equality.
Retrospective on the 116th CongressFriday, December 18, 2020
By Emma Derr, Max Kampelman Fellow “For more than four decades, the Helsinki Commission has championed human rights and democracy across North America, Europe, and Central Asia. While we have worked to keep these concerns on the U.S. agenda, much remains to be accomplished.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission In the OSCE region, 2019 and 2020 were marked by unprecedented challenges stemming from the COVID-19 pandemic, calls for racial justice, systematic human rights issues, and ongoing regional conflicts amidst U.S. presidential, Congressional, and regional and local elections. Through these crises, U.S. Helsinki Commission leadership worked tirelessly to ensure that human rights and comprehensive security continued to be promoted through the United States’ foreign and domestic policy agendas. 2020 also marked the 30th anniversary of the Charter of Paris, which set unprecedented commitments to human rights, providing an opportunity for OSCE participating States to reflect and bolster human rights commitments during such a crucial time. Through hearings and briefings, legislative activities, public statements and reports, and engagement with other foreign policy actors, the Helsinki Commission has focused on human rights and security challenges both in the United States and abroad to advance the commission’s priorities in the 116th Congress: principled foreign policy; human rights at home; parliamentary diplomacy; and safe, inclusive, and equitable societies. Additional policy focuses include regional security, election observation, OSCE engagement, and anti-corruption work. View a comprehensive list of activities in the Helsinki Commission's report on the 116th Congress. Principled Foreign Policy From respect for sovereignty and the territorial integrity of states to human rights and fundamental freedoms, commitments undertaken by OSCE participating States underpin peace and stability in the OSCE region and form the basis of comprehensive security for all people. The Helsinki Commission strives to ensure that the protection of human rights and democratic development are central to a principled U.S. foreign policy. During the 116th Congress, Belarus, Russia, Turkey, Hungary, Ukraine/Crimea, and the Balkans attracted particular attention, given the ongoing human rights and regional conflict issues in those countries. Belarus Following over two decades of authoritarian rule supported by the Kremlin, a political crisis erupted in Belarus in the summer of 2020. After August 9 elections, the Alexander Lukashenko regime claimed victory, and the country saw an unrelenting crackdown by Belarusian authorities on peaceful protests, civil society, and the media. According to international observers, Belarus has not had free and fair national elections since Lukashenko was first elected president in 1994. Unprecedented crowds continue to protest the election. Ahead of the election, Lukashenko eliminated his main political competition through disqualification or imprisonment. Numerous protestors, supporters of opposition candidates, and journalists were arrested as last-minute candidate Svetlana Tsikhanovskaya drew unprecedented crowds to her rallies. Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) called on President Lukashenko “to order the release of those who have been detained for political reasons and allow real political competition in Belarus.” After the elections and in reaction to the human rights abuses perpetrated by the Lukashenko regime, Chairman Hastings wrote to Treasury Secretary Steven Mnuchin requesting that the U.S. administration revoke access to the U.S. financial system for the nine largest state-owned companies in Belarus. “The United States stands with the people of Belarus, who have a right to make free choices about their country’s future and to protest peacefully.” Sen. Roger Wicker (MS), Co-Chairman, U.S. Helsinki Commission After the invocation by 17 OSCE participating States of the Moscow Mechanism to report on human rights concerns in Belarus and subsequent investigation, Professor Wolfgang Benedek—the selected rapporteur—joined the Helsinki Commission for a podcast to discuss his findings, including evidence of fraudulent elections, systematic human rights violations, and a general situation of impunity for perpetrators. Regional Security and Stability In May 2020, following reports that the Trump administration planned to withdraw from the Treaty on Open Skies, Chairman Hastings urged Congress to support the United States’ allies and partners in Europe, as “withdrawing from the Open Skies Treaty can only benefit Putin’s continuing campaign of aggression against Russia’s neighbors.” Chairman Hastings also authored an amendment to the National Defense Authorization Act (NDAA) for the 2021 Fiscal Year to reflect support for the Open Skies Treaty and stated his regret in November when the U.S. withdrew from the treaty. The Helsinki Commission held a joint hearing in November 2019 with the House Foreign Affairs Committee concerning the importance of the Open Skies Treaty for security and stability in Europe and released a podcast on the treaty’s benefits, the complexity of execution, and current challenges in implementation. In July 2019, for the first time in its 43-year history the Helsinki Commission convened outside of the United States for a field hearing to underscore America’s commitment to Baltic Sea regional security and emphasize its unwavering support for U.S. friends and allies. The commission also held a briefing to discuss the potential use of energy, specifically oil and gas projects, to achieve foreign policy goals, as well as the extent to which energy independence can reduce the ability of hostile actors to destabilize the European region by threatening to cut off access to energy supplies. Turkey, Hungary, Ukraine/Crimea, and the Balkans In April 2019, Co-Chairman Wicker and Ranking Member Sen. Ben Cardin (MD) introduced the Defending United States Citizens and Diplomatic Staff from Political Prosecutions Act to address arbitrary arrests which contribute to Turkey’s deteriorating respect for human rights under President Erdogan. In April 2019, the Helsinki Commission hosted a briefing on recent developments in Hungary concerning a steady erosion of freedom, the rule of law, and quality of governance. Later that year, the commission reported on an amendment to the Hungarian religion law, which continues to discriminate against people on the basis of their faith. In late 2019, Co-Chairman Wicker successfully pressed Hungarian Prime Minister Viktor Orban to stop the blockage of the European Union version of the Magnitsky Act. The U.S. Magnitsky Act allows the use of sanctions as a tool to target alleged human rights abusers and corruption, and its European counterpart would do the same. In May 2020, Co-Chairman Wicker and Ranking Member Cardin urged U.S. Secretary of State Mike Pompeo to work with the European Union’s High Representative to advance EU Magnitsky Sanctions. Following a mob attack in October 2019 on a Jewish community center providing office space to civil society groups in Budapest, Chairman Hastings and Ranking Member Cardin called the Hungarian government to take action during this “alarming escalation of violence toward minorities and civil society groups.” In 2020, the commission released a report detailing the escalating rhetorical attacks and legislative restrictions against civil society as Orban continues to consolidate power in Hungary. In December 2019, Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) and Commissioner Rep. Emanuel Cleaver II (MO-05) introduced the bipartisan Ukraine Religious Freedom Support Act in the House of Representatives, and Co-Chairman Wicker introduced the act, cosponsored by Helsinki Commissioner Sen. Jeanne Shaheen (NH), to the Senate. The act, which would combat Russia’s religious freedom violations in the Crimea and Donbas regions of Ukraine, unanimously passed in the House of Representatives in November 2020 and awaits Senate action. In July 2019, the Helsinki Commission hosted a briefing about reunifying societies divided by war, genocide, and other tragedies in areas such as the Balkans, as well as promoting reconciliation and healing for Holocaust survivors and other victims of Nazi persecution who continue to seek justice worldwide. Twenty years after two U.S. citizens were brutally murdered in Serbia in the aftermath of the 1999 conflict in Kosovo, their brother Ilir joins the Helsinki Commission to share his family’s fight for justice in the face of inaction by Serbian authorities. Election Observation In 1990, all OSCE participating States pledged to hold free and fair elections and to invite international observers. OSCE election observation missions often are undertaken jointly by the OSCE Office of Democratic Institutions and Human Rights (ODIHR) and the OSCE Parliamentary Assembly (PA). These election observation missions have been recognized as one of the most transparent and methodical ways to encourage States’ commitment to democratic standards and have become a core element of the OSCE’s efforts to provide feedback on the election processes to the benefit of candidates and voters alike. Commissioners and staff have observed well over 100 elections since 1990, and in 2020 alone, the OSCE has been invited to observe elections in nearly 20 OSCE participating States, including the United States. In 2019, the commission held a briefing focused on the benefits and challenges of international election observation, best practices, and emerging issues such as voting technology and security. In addition, the use of disinformation to influence elections has become a pervasive and persistent threat in all 57 OSCE participating States. Ahead of the 2020 general elections, the commission held a briefing on the intersections and influences of disinformation and COVID-19 on the electoral process. Election observation is an important way to help monitor these effects on the workings of democracy. A limited election observation mission was deployed by the OSCE to observe the 2020 general election in the United States. Despite the challenges posed by the pandemic, the OSCE team was confident it produced a thorough, impartial, fact-based assessment that concluded the elections were free and fair, as well as “competitive and well managed despite legal uncertainties and logistical challenges” posed by the pandemic and the polarized political climate. OSCE Institutions and Policy During the past two years, the Helsinki Commission hosted hearings featuring both the Albanian and Slovakian OSCE Chairs in Office, as well as the OSCE Representative for Freedom of the Media Harlem Desir, to discuss OSCE institutional priorities such as human rights violations, conflict resolution, and the safety of journalists. In January 2020, the Helsinki Commission welcomed OSCE Office of Democratic Institutions and Human Rights Director Ambassador Ingibjörg Sólrún Gísladóttir, in her first appearance before Congress, to address challenges in the OSCE region related to human rights and democracy. In December 2020, the Helsinki Commission held a hearing, “U.S. Priorities for Engagement at the OSCE,” where Ambassador Philip T. Reeker U.S. State Department Senior Bureau Official, who has been serving in the role of Acting Assistant Secretary for Europe and Eurasia since March 2018, emphasized that the United States is focused on upholding Helsinki Final Act commitments and pushing all participating States to live up to their own commitments to these principles. Human Rights at Home Like all other OSCE participating States, the United States must also examine how well—or how poorly—it is living up to its own OSCE commitments. In the 116th Congress, the Helsinki Commission took a hard look at human rights at home. “If the United States wants to remain a credible voice in the promotion of human rights abroad, we must fiercely protect them at home.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission In summer 2020 the Helsinki Commission launched a series of hearings focused on restorative justice related to public monuments and memorials, the safety of journalists, and implications of domestic human rights issues for U.S. leadership. The commission also convened political and civil rights leaders to discuss the impact of George Floyd’s tragic death on the need to shape policies that confront and prevent racism and racist acts. The Helsinki Commission dealt at further length with the safety of journalists and freedom of the media in the United States. In the aftermath of attacks on journalists covering protests calling for racial justice, Chairman Rep. Hastings expressed the need to take an “honest and critical look at America’s own record in recent weeks on protecting journalists and safeguarding press freedom.” The U.S. Agency for Global Media (USAGM) supports networks that reach more than 350 million people across the world, many of whom otherwise would not have access to independent, unbiased news. When USAGM failed to renew J-1 visas for foreign Voice of America (VOA) journalists, Chairman Rep. Hastings, Ranking Member Sen. Ben Cardin, and Helsinki Commissioners Sen. Jeanne Shaheen, Rep. Emanuel Cleaver, Rep. Steve Cohen (TN-09), and Rep. Marc Veasey (TX-33) demanded that U.S. Agency for Global Media (USAGM) CEO Michael Pack provide a detailed explanation and called for new policies to protect the personal security of VOA journalists working under the USAGM. Safe, Inclusive, and Equitable Societies Civil rights are human rights, and advancing societies that are safe, inclusive, and equitable is central to the work of the Helsinki Commission. Anti-racism initiatives have always been a priority for the commission, but they found particular focus in 2020 in conjunction with the exposure of systemic racism in police brutality and the disproportionate impacts of COVID-19 on minority populations. Commissioners looked inward to the United States’ own domestic policies, as well as outward to other OSCE countries, to develop ideas and policies that promote principles of social inclusion, empowering diverse populations and enhancing the ability for everyone to fully participate in society. Over the past decade, Chairman Hastings has drawn attention to the racism and discrimination faced by black Europeans, recognizing their fight for inclusion. In March 2019, he introduced legislation establishing a strategy to protect the collective history and achievements of people of African descent and to promote the human rights of people of African descent worldwide, and a year later, he introduced a bill to implement a government-wide diversity and inclusion plan. “Across the globe we find racial disparities between those of African descent and other populations in education, employment, health, housing, justice, and other sectors. At the same time, hate crimes and racial profiling targeting black populations are increasing,” said Chairman Hastings. “A global strategy ensures we are monitoring whether countries around the world are providing equal protections and opportunity to all within their borders.” Chairman Hastings also collaborated with other Helsinki Commissioners to address racism globally. In July 2020, Chairman Hastings, along with Helsinki Commissioners Rep. Gwen Moore (WI-04), Rep. Cleaver, Rep. 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.
The OSCE Celebrates 30 Years of the Charter of ParisFriday, November 20, 2020
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
On February 5, 2018, President Ilham Aliyev of Azerbaijan announced that the country’s presidential elections—originally scheduled for the fall—instead would be moved forward to April 11, 2018.
While some pro-government commentators offered more innocuous explanations for the move—such as aiming to avoid simultaneous presidential and parliamentary elections in 2025—many independent analysts saw it as a ploy to disadvantage the opposition. Since Azerbaijani law requires campaigning to cease 30 days prior to the vote, candidates had very little time to rally support. This constraint, among others, contributed to the mainstream opposition boycott of the election.
The vote was the first since Azerbaijan passed constitutional amendments in a widely criticized popular referendum in September 2016 that extended the president’s term from five to seven years. Having done away with term limits in another set of constitutional amendments in 2009, President Aliyev used the snap election to secure his position until 2025. The official tally gave Aliyev 86 percent of the vote—he has never won with less than 84 percent.
Since signing the founding document of the OSCE, the Helsinki Final Act, in 1992, no national vote in Azerbaijan has met the OSCE’s minimum requirements for a free and fair election. Nevertheless, consistent with its commitments as an OSCE participating State, Azerbaijan invited international observers to view the election. The OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), the OSCE Parliamentary Assembly (OSCE PA) and the Parliamentary Assembly of the Council of Europe (PACE) all scrambled to assemble a robust Election Observation Mission (EOM) in Azerbaijan under difficult time constraints.
Two U.S. Helsinki Commission staff members joined the OSCE PA EOM. The article below summarizes their experience in Azerbaijan.
By Scott Rauland, Senior State Department Advisor
and Jordan Warlick, Office Director
Briefings Reveal Shortcomings in the Field of Candidates and Lack of Media Access
From the beginning, it was clear that the Government of Azerbaijan was paying lip service to established OSCE norms for holding elections without providing voters with the necessary conditions to make an informed choice free of coercion.
For example, prior to the vote, we and other short-term members of the OSCE PA and PACE observation missions met with representatives of the eight candidates who had been approved by Azerbaijan’s Central Election Commission to run in the April 11 contest. During the 20-minute sessions with the candidates or their representatives, we heard almost nothing in the way of criticism of the sitting president, nor anything resembling a platform for running the country should they win.
During briefings the following day, members of opposition parties, as well as representatives of civil society and the media, pointed out the gulf of approximately 1.9 million Azerbaijanis entered on voter registration lists (5.3 million), and the number of Azerbaijanis known to be of voting age (7.2 million). Since voter registration is automatic—and all citizens who are 18 years of age by election day have the right to vote—his dramatic shortfall appeared to reflect the disenfranchisement of an astonishingly large number of Azerbaijani voters. In a separate briefing earlier, the Central Election Commission of Azerbaijan addressed this concern by claiming that the voter registration lists were published on the Internet, providing a maximum level of transparency.
Civil society representatives were unanimous in their view that none of the “opposition” candidates running were real candidates. The best opposition leaders had either been imprisoned or were otherwise prevented from running, they explained.
Several parties that civil society groups considered to be legitimate were boycotting the elections. Among the reasons they offered for the boycott was the fact that there were no real opposition parties in Parliament, no media freedom in Azerbaijan, and many political prisoners.
One opposition group, the Musavat Party, claimed that “clone” parties—such as the “Modern” Musavat Party, headed by Hafiz Hajiyev—had been set up to mimic true opposition parties. Hajiyev seemed to confirm those suspicions on election day by revealing that he himself had voted for President Aliyev. He also reportedly expressed his hope that President Aliyev would return the favor by appointing him prime minister.
Both civil society groups and political parties raised concerns about the potential for election fraud, due to the dramatic increase in use of de-registration voter cards (DVCs), which allow a voter to come off the voter roll in one polling station and to vote in another. We were told that while only 30,000 DVCs had been used in the previous election, 150,000 had been printed for the election on April 11. The discrepancy left many suspicious that DVCs could be abused by allowing voters to vote multiple times in different polling stations.
Civil society representatives also were concerned about voter access to information, noting that restrictive laws and lack of funding made it nearly impossible to educate voters about their choices. They also found the lack of election commission reform frustrating, pointing out that both the European Court of Human Rights and the Council of Europe’s Venice Commission provided explicit recommendations to the Azerbaijani government following previous elections. Finally, they stated that the government’s claim that 50,000 people had been registered as observers was misleading, since many of the registered observers were state employees and could not be fair and impartial observers.
A journalist briefing the observers also drew attention to the 10 Azerbaijani journalists currently in prison, saying that the regime had “made telling the truth in Azerbaijan illegal.”
Voting on April 11—Mostly by the Book
On election day, 350 international observers deployed across the country. Our team was assigned to the Khatai district in eastern Baku. We watched the opening of one polling station at 7:00 a.m., observed voting in 14 different polling stations throughout the day, and witnessed the counting process at another precinct once the polls closed at 7:00 p.m.
The Precinct Electoral Commissions (PECs) at all 16 locations were cooperative, and we could move freely around the polling stations to observe the entirety of the voting process. The chairwoman of the PEC where we observed the opening was willing to answer every question we had, often going into great detail.
While we were unrestricted in our ability to access polling sites, the spots in the polling stations reserved for observers were often poorly situated, being either in a corner out of direct sight of the registration tables, or in one case on another floor entirely.
One irregularity we consistently observed related to guaranteeing that each voter cast only one vote. Voters were supposed to have their left thumb coated in invisible ink once they were processed to vote, and all voters were to have their left thumbs checked before entering a polling station to ensure they had not voted elsewhere. One of the many problems with this method became obvious at the first polling station we visited, where the person checking voters’ thumbs was scanning the wrong hand.
Fellow OSCE PA observers noted that some voters showed up at the wrong polling station, where they had their thumbs sprayed in invisible ink. Once they were directed to the correct voting station, they were allowed to vote regardless of the invisible ink on their hands.
Citizen “Observers” in Name Only
During a pre-election briefing, the chair of the Central Electoral Commission proudly claimed that 57,313 Azerbaijanis had been registered as citizen observers—a large number in a country of only 9.7 million. The statistic presumably was intended to demonstrate that the elections would be both transparent and credible.
We soon noticed that few, if any, of these citizen observers paid attention to the voting. At almost every polling station, we found one or more observers who could not tell us what party they were representing. They often had to check their observer ID cards to before replying; when we then asked them which candidate from that party was running for president—information not available on their observer IDs—many were stumped.
The Polls Close—Let the Counting … and the Shenanigans … Begin
While the polls were open, election regulations appeared to be broadly respected. However, at the precinct where we observed the counting process, vote tallies were rushed and established procedures were not followed.
For example, voter registration lists were not checked to determine how many people voted in that location—a figure that should have been compared to the number of ballots in the ballot box. Unused ballots were counted and destroyed according to the established procedure, but none of this information was entered onto the protocol, the written record of votes that is supposed to be maintained throughout the vote-counting process.
Instead, poll workers opened the ballot boxes almost immediately after the unused ballots were destroyed. The ballots then were dumped onto a table in the middle of the room and quickly sorted into several piles.
We were allowed to approach and circle the table, and had good views of the ballots on every part of the table. Most—easily 80 percent to 90 percent of the ballots—ended up in one of several piles for President Aliyev. Of the non-Aliyev piles, the largest was for ballots which appeared to be spoiled.
One member of the PEC explained to us that although some ballots had several names marked, they would not necessarily be considered spoiled; instead, they would be discussed later. Unfortunately, to the best of our knowledge, that discussion never took place.
In just over an hour, the protocol was hastily composed and finalized. Under Azerbaijani law, copies should be made available to bona fide observers; however, election officials declined to provide us with a copy. We then asked if we could at least take a photo of the protocol, and were told that the precinct would have to obtain permission from higher authorities.
We were not the only international observers who noted problems with the counting process. About 50 percent of OSCE PA observers determined that the count was either “bad” or “very bad,” well above the OSCE norm of 17 percent.
In a press conference in Baku the day after the election, observers from the OSCE/ODIHR, OSCE PA, and the Council of Europe Parliamentary Assembly announced that the presidential election in Azerbaijan took place “within a restrictive political environment and under laws that curtail fundamental rights and freedoms, which are prerequisites for genuine democratic elections.”
“Against this backdrop and in the absence of pluralism, including in the media, the election lacked genuine competition,” they said.
The preliminary statement from the three groups noted that other candidates refrained from directly challenging or criticizing the incumbent, and that no distinction was made between his campaign and his official activities. Observers reported widespread disregard for mandatory procedures, a lack of transparency, and numerous serious irregularities, including ballot box stuffing. More than half of the vote counts were assessed negatively, largely due to deliberate falsifications and an obvious disregard for procedures.
At the same time, observers noted that the authorities were cooperative and international observers were able to operate freely in the pre-election period, and the election administration was well resourced and prepared the election efficiently.
Announcing the conclusions, Portuguese parliamentarian Nilza de Sena said, “We have noted the positive attitude displayed by the national authorities of Azerbaijan towards international election observation, as well as the professional work of the Central Election Commission in the pre-election period. We stand ready to continue our co-operation and turn it into a joint effort to tackle the fundamental problems that a restrictive political and legal environment, which does not allow for genuine competition, poses for free elections.”
The beginning of de Sena’s statement was interrupted by a pro-government journalist who surged threateningly towards the speakers, shouting angrily that the report had been prepared in advance and that its findings were all lies. It was clear that the pro-government journalist intended on disrupting the conference to distract from the content of the findings. The press conference was suspended until the atmosphere calmed and the representatives from ODIHR, OSCE PA, and PACE could deliver their statement.
“A few weeks of campaigning during which candidates could present their views on television cannot make up for years during which restrictions on freedom of expression have stifled political debate,” said Margareta Kiener Nellen, Head of the Swiss delegation to the OSCE PA who led the 48-member OSCE PA delegation. “The OSCE Parliamentary Assembly will certainly continue to support all steps by the authorities that will bring the country forward on a path towards creating the open political environment necessary for truly free and fair elections.”