Helsinki Commission Briefing to Examine Serious Decline in Respect for Human Rights in AzerbaijanThursday, October 29, 2015
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “The Rule of Law and Civil Society in Azerbaijan” Thursday, November 5 2:00PM Cannon House Office Building Room 311 The last two years have witnessed a precipitous decline in the respect for rule of law and human rights in Azerbaijan. Many independent civil society organizations have been forced to close due to onerous regulations, threats of intimidation, or the arrest of the organization’s leaders. Independent media has been severely curtailed or closed down. Opposition parties are harassed and often shut out of the election process. High-profile politicians are serving lengthy prison sentences on charges that many observers believe were politically motivated. This briefing will have a particular focus on the rule of law and how the government of Azerbaijan is using its judicial system to intimidate and imprison critics of the government. The briefing will also analyze the results of the November 1 parliamentary election and its implications for Azerbaijan’s future direction. The following panelists are scheduled to participate: Ambassador Richard Morningstar, US Ambassador to the Republic of Azerbaijan from July 2012 to August 2014 and Founding Director of the Global Energy Center, Atlantic Council Natalia Bourjaily, Vice President – Eurasia, International Center for Not-for-Profit Law Dinara Yunus, Daughter of imprisoned Azerbaijani human rights defenders Leyla and Arif Yunus
Helsinki Commission Chair Chris Smith Shines Light on Egregious Rule-of-Law Abuses by Russian GovernmentWednesday, October 21, 2015
WASHINGTON—At a Congressional hearing today, the U.S. Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, spotlighted the many recent violations of the rule of law committed by the Russian government. “Forty years after the signing of the Helsinki Final Act, we face a set of challenges with Russia, a founding member of the organization, that mirror the concerns that gave rise to the Helsinki Final Act,” said Helsinki Commission Chairman Rep. Chris Smith (NJ-04), who called the hearing. “At stake is the hard-won trust between members, now eroded to the point that armed conflict rages in the OSCE region. The question is open whether the principles continue to bind the Russian government with other states in a common understanding of what the rule of law entails.” “Russia’s annexation of Crimea and subsequent intervention in the Donbas region not only clearly violate this commitment, but also every guiding principle of the 1975 Helsinki Final Act. It appears these are not isolated instances. In recent years, Russia appears to have violated, undermined, disregarded, or even disavowed fundamental and binding arms control commitments,” Smith continued. “[I also] question Russia’s OSCE commitment to develop free, competitive markets that respect international dispute arbitration mechanisms...[and recent government actions] demonstrate Russia’s readiness to abuse its laws and judicial system to limit individual freedoms both within and beyond its borders.” Witness testimony highlighted case studies corresponding to each of the three dimensions of comprehensive security established by the Organization for Security and Cooperation in Europe (OSCE): politico-military security; economic and environmental security; and human rights and fundamental freedoms. Tim Osborne, executive director of GML Ltd., the majority owner of the now-liquidated Yukos Oil Company, said, “It is clear that the Russian Federation is not honoring its obligations and commitments under the rule of law or in a manner consistent with the Helsinki process. Russia’s tendency, more often than not, has been to ignore, delay, obstruct or retaliate when faced with its international law responsibilities…Russia cannot be trusted in international matters and that even when it has signed up to international obligations, it will ignore them if that is what it thinks serves it best.” “Russia had engaged in the uncompensated expropriation of billions of dollars of U.S. investments in Yukos Oil Company,” observed former U.S. Under Secretary of State for Economic, Business and Agricultural Affairs Ambassador Alan Larson. “American investors—who owned about 12 percent of Yukos at the time of the expropriation—have claims worth over $14 billion, and they are entitled to compensation under international law even though they have no option for bringing claims directly against the Russian Federation.” Vladimir Kara-Murza, a well-known Russian activist and the coordinator of the Open Russia Movement, said, “Today, the Kremlin fully controls the national airwaves, which it has turned into transmitters for its propaganda…the last Russian election recognized by the OSCE as conforming to basic democratic standards was held more than 15 years ago.” “There are currently 50 political prisoners in the Russian Federation,” Kara-Murza continued. “These prisoners include opposition activists jailed under the infamous ‘Bolotnaya case’ for protesting against Mr. Putin’s inauguration in May 2012; the brother of anti-corruption campaigner Alexei Navalny; and Alexei Pichugin, the remaining hostage of the Yukos case.” “A clear pattern emerges when one looks at Russia’s implementation of its arms control obligations overall,” observed Stephen Rademaker, former Assistant Secretary of State for Arms Control and International Security and Nonproliferation. “Should Moscow conclude such agreements have ceased to serve its interest, it will ignore them, effectively terminate them, violate them while continuing to pay them lip service, or selectively implement them…Russia believes that this is how great powers are entitled to act, and today Moscow insists on acting and being respected as a great power.” Chairman Smith was joined at the hearing by a panel of lawmakers including Commission Co-Chairman Senator Roger Wicker (MS) and Representative Robert Aderholt (AL-04).
Bipartisan Congressional Delegation Represents US at OSCE Parliamentary Assembly; Also Visits Ukraine, Czech RepublicMonday, August 17, 2015
Forty years after the signing of the Helsinki Final Act established the precursor to today’s Organization for Security and Cooperation in Europe (OSCE), five members of the Helsinki Commission and four other members of Congress traveled to the OSCE Parliamentary Assembly Annual Session in Helsinki to demonstrate the U.S. commitment to confronting Russian aggression in Ukraine and elsewhere. Led by Commission Co-Chairman Senator Roger F. Wicker (MS), the bicameral, bipartisan delegation organized by the Helsinki Commission included Commission Chairman Representative Chris Smith (NJ- 04); House Commissioners Robert B. Aderholt (AL-04), Steve Cohen (TN-09) and Alan Grayson (FL-09); and Representatives Gwen Moore (WI-04), Michael Fitzpatrick (PA-08), Richard Hudson (NC-08) and Ruben Gallego (AZ-07). Before attending the Annual Session from July 5 to 7, several members of the delegation also visited Ukraine and the Czech Republic. A central concern to the delegation throughout the trip was Russia’s restrictions on democracy at home and aggression in Ukraine, along with Russia’s threat to European security.
Foreign Fighters: The Escalating Threat of ISIL in Central AsiaThursday, June 11, 2015
This hearing focused on ISIL and their wave of violence that has swept brutally through northern Iraq and across Syria- many of those who took part in the offensive were foreign fighters. The hearing looked into the Nations Security Council recent estimation that at least 25,000 foreign terrorist fighters from more than 100 countries have joined ranks with this brutal terrorist organization. The hearing explores key economic and social factors to determine what may be incentivising international fighters to join such a brutal group. Also the Commissioners and witness examined measures in which the U.S. government and OSCE member states can take to contain ISIL, including counteracting radicalization of potential foreign fighters, inhibiting the travel of recruits and volunteers to the Middle East, disrupting financial support to fighters and their families and preventing their return to their home countries.
Chairman Smith Urges OSCE Leaders: Respond to Humanitarian Needs in Eastern UkraineWednesday, February 25, 2015
WASHINGTON—A renewed effort is underway in the Organization for Cooperation for Security and Cooperation in Europe (OSCE) to urge it to respond to humanitarian needs in eastern Ukraine, and to follow through on OSCE commitments to fight human trafficking and anti-Semitism. Rep. Chris Smith (NJ-04) led the U.S. Delegation to the annual Winter Meeting of the OSCE Parliamentary Assembly (OSCE PA) last week in Vienna, where he spearheaded this push. Smith expressed particular concern about the potential for human trafficking of vulnerable groups stemming from the current conflict in Ukraine. In a question to Ivica Dačić, the OSCE’s Chairman-in-Office for 2015 and the Foreign Minister of Serbia, Smith drew attention to the needs of internally displaced persons and the potential for human trafficking in eastern Ukraine. He noted that, among the nearly one million internally displaced persons, woman and children are particularly vulnerable to trafficking, and raised concerns that criminal gangs are taking advantage of the conflict: “Is the OSCE equipping the special monitoring mission and other OSCE entities working in the Ukraine conflict zone, or with IDPs, to recognize and protect human trafficking victims, and is the OSCE taking trafficking prevention measures for this particular vulnerable population?” At a private meeting during the event, Chairman Smith met with Chairman-in-Office Dačić to discuss the humanitarian, human rights, and security concerns arising from the Russian-backed conflict in eastern Ukraine. Smith encouraged Serbia to vigorously uphold the commitments made at the at the 10th anniversary of the OSCE's Berlin Conference on anti-Semitism, and to review and reform the OSCE’s contracting regulations to ensure that OSCE activities do not contribute to trafficking in persons. He also urged Chairman-in-Office Dačić to promote an appropriate commemoration by the OSCE of the 20th anniversary of the Srebrenica genocide. Chairman Smith also met the Director of the OSCE’s Office of Democratic Institutions and Human Rights, Michael Georg Link. In addition to human trafficking and anti-Semitism, the two discussed OSCE election observation missions, as well as the organization’s current efforts to protect freedom of religion. In a meeting with Ambassador Madina Jarbussynova, the OSCE Special Representative and Coordinator for Combating Trafficking in Human Beings, Chairman Smith spoke about the most effective ways to fight human trafficking and assist with the rehabilitation of trafficking victims – including by working with faith-based organizations, as well as by encouraging participating States to adopt legislation preventing child sex tourism, such as Chairman Smith’s legislation currently pending in the U.S. Senate. Chairman Smith has pioneered OSCE engagement in fighting human trafficking and anti-Semitism. Since 2004, he has served as the OSCE PA’s Special Representative on Human Trafficking Issues – click here to read his most recent report. Starting in 2002, Smith led the movement to put anti-Semitism on the agenda of the OSCE, and he continues to work closely with Rabbi Andy Baker, the OSCE’s Representative on Combating Anti-Semitism, to ensure a more vigorous implementation of OSCE commitments in the area. In 2005 Smith authored H. Res. 199, a landmark congressional resolution recognizing the atrocity at Srebrenica in which an estimated 8,000 civilian men and boys were murdered by Serb forces as a genocide.
Helsinki Commission Chair Calls for Huseynov’s Safe Passage Out of AzerbaijanThursday, February 12, 2015
WASHINGTON—Following yesterday’s disclosure that Azerbaijani press freedom advocate Emin Huseynov has spent the past six months sheltering in the Swiss Embassy in Baku, Helsinki Commission Chairman Chris Smith (NJ-04) issued the following statement: “Through the Institute for Reporters’ Freedom and Safety (IRFS), Emin Huseynov has worked tirelessly to defend journalists and promote media freedom in Azerbaijan. I appeal to President Aliyev to immediately allow Mr. Huseynov to leave the Swiss Embassy and give him safe passage out of Azerbaijan. Sadly, the persecution of Mr. Huseynov is part of a larger crackdown on human rights activists – I have met some of their family members and friends, and join my voice to those calling for their release.” Mr. Huseynov heads the Institute for Reporters’ Freedom and Safety (IRFS), an independent NGO that has provided training and legal support to journalists under threat in Azerbaijan since 2006. Approximately eight months ago, the Azerbaijani authorities froze IRFS’ bank account and seized the organization’s computers and other work materials. Mr. Huseynov was forbidden to leave the country and sought asylum in the Swiss Embassy after learning that he was likely to be arrested.
Chairman Smith and Rep. McGovern Introduce “Global Magnitsky Human Rights Accountability Act”Friday, January 30, 2015
WASHINGTON—Rep. Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, and Rep. Jim McGovern (MA-02), today introduced the “Global Magnitsky Human Rights Accountability Act” (H.R. 624). The bill prohibits foreign human rights offenders and corrupt officials operating anywhere in the world from entering into the United States and blocks their U.S. assets. It effectively globalizes and strengthens the “Sergei Magnitsky Rule of Law Accountability Act of 2012,” which was directed at individuals and entities from Russia. “The ‘Global Magnitsky Human Rights Accountability Act’ is a game-changer, and demonstrates America’s commitment to protecting human rights worldwide,” said Chairman Smith. “We are sending a message to the world’s worst human rights violators: we will shine a spotlight on your crimes. We will deny your visas. We will freeze your assets. No matter who you are or how much money you have, you won’t be enjoying the fruits of your misdeeds by visiting the United States or taking advantage of our financial institutions.” “We have made important progress in the last few years,” Rep. McGovern said. “But since the introduction of the original Magnitsky Act, human rights defenders and anti-corruption activists worldwide have urged us to pass a law that covers similar violations in countries other than Russia. Through the Global Magnitsky Act, we can better standardize our approach to human rights violators and provide clear guidance to the executive branch on how we expect these perpetrators to be held accountable.” “Conscripting child soldiers, kidnapping political opponents, and brutalizing people based on their religion are horrifying acts for which people must be held accountable – and this bill will do it,” said Chairman Smith. “The earlier Magnitsky Act enjoyed overwhelmingly bipartisan support in both the House and the Senate. I expect the Global Magnitsky Act to move forward with the same level of commitment in both chambers, and on both sides of the aisle.” Earlier this week, Senators Ben Cardin (MD) and John McCain (AZ) introduced similar legislation in the Senate, which also applies worldwide and employs visa bans and property freezes. Unique aspects of the House bill include the requirement that the President impose sanctions if he or she determines that a foreign person has committed gross human rights offenses. The bill also permits the President to sanction perpetrators regardless of whether the victims were exercising or defending basic human rights; requires that the annual Global Magnitsky List be released each year on Human Rights Day; and directs the Comptroller General to assess and report on implementation. Both the “Global Magnitsky Human Rights Accountability Act” and the earlier “Sergei Magnitsky Rule of Law Accountability Act of 2012” were inspired by Russian lawyer Sergei Magnitsky, who was arrested and imprisoned by the Russian government following his investigation into fraud involving Russian officials. He was beaten to death by prison guards in 2009 after being held in torturous conditions for 11 months without trial. Summary: The “Global Magnitsky Human Rights Accountability Act” This act requires the President to publish and update a list of foreign persons or entities that the President determines are responsible, and who the President has sanctioned, for gross violations of internationally recognized human rights – including extrajudicial killings, torture, enforced disappearances, and prolonged, arbitrary detention – or significant corruption. Known as the Global Magnitsky List, the list will be due annually on December 10 (Human Rights Day). Although the bill directs the President to prioritize cases where the victims were seeking to exercise or defend internationally recognized human and rights and freedoms, like freedom of religious, assembly, and expression, or expose illegal government activity, the President can act regardless of the victim. Sanctions on these individuals and entities will include: Prohibiting or revoking U.S. visas or other entry documentation for foreign individuals. Freezing and prohibiting U.S. property transactions of a foreign individual or entity if such property and property interests are in the United States; come within the United States; or are in, or come within, the control of a U.S. person or entity. This act also requires the Comptroller General of the United States to assess the implementation of the law and report to Congress, so that Congress can ensure it is being executed fully.
Helsinki Commission Condemns Raid on Radio Free Europe/Radio Liberty Bureau in BakuSaturday, December 27, 2014
WASHINGTON—Following yesterday’s raid by authorities in Azerbaijan on Radio Free Europe/Radio Liberty’s (RFE/RL) Baku bureau, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: “The free and independent press in Azerbaijan remains under attack by the very authorities who should be most committed to its protection. Yesterday’s raid on RFE/RL’s Baku bureau continues the recent and deeply disturbing trend of the government of Azerbaijan to silence dissenting voices within the country, and comes hard on the heels of the recent arrest and pre-trial detention of Khadija Ismayilova, an investigative journalist and contributor to RFE/RL’s Azerbaijani Service. “Once again, we call on the Azerbaijani authorities to immediately end their harassment of journalists and to respect the commitments they have made in the past, as a participating State in the Organization for Security and Cooperation in Europe, to the protection of human rights and fundamental freedoms.”
U.S. Helsinki Commission Chair Notes Challenges, Need for Action on International Human Rights DayWednesday, December 10, 2014
WASHINGTON—To mark International Human Rights Day, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: "It has been a difficult year for those of us who are active in human rights in the OSCE region. Russia’s invasion of Ukraine has flagrantly violated the principles enshrined in the Helsinki Final Act, exacerbated regional security, and further revealed the weaknesses of Russia’s own democracy . The space for civil society – the guardians of the rule of law and fundamental freedoms – is shrinking in more than a few of our participating States, including Russia, Azerbaijan, and Hungary, breeding abuse of power and corruption. We have been appalled by violent anti-Semitic attacks and a rising tide of intolerance across the OSCE region against minorities and other vulnerable populations. Uzbekistan holds the world’s longest-imprisoned journalist, who languishes alongside of thousands of political prisoners. "Clearly, the challenges for the countries of the OSCE are as great as ever. We look forward to supporting Serbia’s 2015 chairmanship of the OSCE, which offers an opportunity both for the country and for the organization. As the effective successor to the only country to be suspended from the Helsinki process, Serbia is a concrete example of how a country can turn things around and how the OSCE can contribute. "In particular, we urge Serbia to build on decisions adopted at last week's Basel Ministerial Council on combating anti-Semitism and corruption. These are challenges faced by virtually every OSCE participating State. We hope that Serbia will move forward with conviction to support these initiatives and to defend and advocate for the Helsinki principles throughout the region." December 10, International Human Rights Day, celebrates the adoption of the Universal Declaration on Human Rights by the UN General Assembly on December 10, 1948.
U.S. Helsinki Commission Chairman Deeply Concerned by Arrest and Detention of Journalist Khadija IsmayilovaMonday, December 08, 2014
WASHINGTON—Following Friday’s arrest and pre-trial detention of Khadija Ismayilova, investigative journalist and contributor to RFE/RL’s Azerbaijani Service, by authorities in Azerbaijan, U.S. Helsinki Commission Chairman Senator Ben Cardin (MD) issued the following statement: “I am deeply concerned about the detention of Ms. Ismayilova, who has been the target of unrelenting persecution by the government of Azerbaijan because of her efforts to expose corruption within the country, as well as her advocacy on behalf of political prisoners. The current charges against her are bizarre and only seem designed to silence one of the few independent voices left in Azerbaijan. “Ms. Ismayilova was scheduled to testify in front of the U.S. Helsinki Commission on November 19, 2014, but was prevented from attending due to a government-imposed travel ban related to a different legal case. The current charge levied against Ms. Ismayilova of ‘incitement to suicide’ is just an escalation of the years of harassment by the authorities that she has endured. “As a participating State of the Organization for Security and Cooperation in Europe (OSCE), Azerbaijan has committed to respecting human rights – including freedom of the media – and the U.S. Helsinki Commission once again calls on the government of Azerbaijan to live up to its promises and immediately end its harassment of all journalists, including Ms. Ismayilova.”
Helsinki Commission Chairman Urges Russia to Cease Blatant Violations of OSCE PrinciplesFriday, December 05, 2014
WASHINGTON—On the conclusion of the December 4-5 OSCE Ministerial Council in Basel, Switzerland, U.S. Helsinki Commission Chairman Senator Ben Cardin (MD) issued the following statement: “The OSCE Ministerial this year has been exceptional. I welcome the fact that an overwhelming majority of OSCE countries condemned the unlawful occupation of Crimea, defended the sovereignty and territorial integrity of Ukraine, and called for Russia to end its support for violence in eastern Ukraine. Russia’s illegal activities in Ukraine have violated the most fundamental principles of the Helsinki Final Act, on which the OSCE is based. “Moving forward, the OSCE must focus on the implementation of its core commitments. The OSCE PA has spoken to this issue by passing a resolution I introduced in July, calling on Russia to cease its clear, gross, and uncorrected violations of Helsinki principles, not only in Ukraine but regarding other neighbors and at home as well. “Other serious human rights concerns in the OSCE region were spotlighted by the absence of some leading figures from this year’s Ministerial meeting. “While Turkmenistan’s current ambassador to the OSCE addressed his counterparts in Basel, the fate of his predecessor, Batyr Berdiev – as well as some 100 other prisoners – remains unknown. I welcome the Swiss Chairmanship’s efforts to address the issues of torture and enforced disappearances during their chairmanship and call on Turkmenistan to tell the families of Ambassador Berdiev and the other disappeared persons what has happened to their loved ones. “In addition, Rasul Jafarov was prevented from leading a civil society discussion on freedom of expression in Basel. Jafarov remains imprisoned in Azerbaijan in retaliation for his activism. Eldeniz Hajiyev, another human rights activist, was unable to travel to Basel because she is under house arrest in Baku. I commend the 43 OSCE countries which worked to advance an OSCE decision on freedom of expression and urge Azerbaijan to cease its flagrant persecution of independent civil society activists.”
Bipartisan U.S. Delegation Defends Ukraine, Raises Concerns about Russia at OSCE Parliamentary SessionWednesday, December 03, 2014
From June 27 to July 3, 2014, a bicameral, bipartisan delegation of eight Members of Congress represented the United States at the annual session of the OSCE’s 57-nation Parliamentary Assembly in Baku, Azerbaijan. The delegation, which was organized by the U.S. Helsinki Commission, also made side visits to Georgia and Moldova. The congressional delegation was led by the Commission Chairman, Senator Ben Cardin (MD), while the Co-Chairman, Representative Chris Smith (NJ-04) was head of delegation at the Assembly session. The Commission’s Ranking Senator, Roger Wicker (MS) and House Commissioners Robert Aderholt (AL-04) and Phil Gingrey (GA-11) also participated, along with Senator Tom Harkin (IA) and Representatives David Schweikert (AZ-06) and Adam Schiff (CA-28). A central concern at the Assembly meeting, as well as during bilateral interaction with the authorities and people of Azerbaijan, Georgia, and Moldova, was Russian Federation’s annexation of Crimea and its incursions into eastern Ukraine. The congressional delegation was highly critical of Moscow’s attempt to reassert its domination over the affairs of its neighbors more than two decades after the Soviet Union’s collapse, and it reassured friends and allies of the deep and continuing commitment of the United States to security and cooperation in Europe and throughout the OSCE region.
Combating Corruption in the OSCE Region: The Link between Security and Good GovernanceWednesday, November 19, 2014
Combating corruption is increasingly recognized as the critical factor in ensuring long-term security, because corruption creates fertile ground for social upheaval and instability. The change in government in Ukraine in 2014 was a prime example of how corruption can fuel legitimate popular discontent. Although the Organization for Security and Cooperation in Europe (OSCE) has created new tools to address corruption, tackling the problem requires more than raising awareness and sharing best practices. In many OSCE participating States, systemic issues including lack of media freedom, lack of political will, and lack of an independent judiciary contribute substantially to persistent high-level and low-level corruption. The hearing drew attention to the work of the OSCE in combating corruption in all 57 participating States, with a particular emphasis on the need to build effective institutions and the important role played by civil society in combatting corruption.
Ukraine's Pivotal Parliamentary PollFriday, November 14, 2014
Hon. Michael Burgess, a member of Congress from the state of Texas, presided the briefing on Ukrainian parliamentary elections, an important moment for the future of the State. Ukraine faced significant internal challenges, such as overcoming the institutional corruption which had so debilited the country, reforming the system of governance, getting the economy back on track and tracking the dire humanitarian situation resulting from the war and other challenges. Hon Burgess was joined by four distinguished panelists, all seasoned experts with long years of exeperience working with Ukraine: Olha Aivazovska, Katie Fox, Stephen Nix, and Gavin Weise.
Helsinki Commission to Hold Hearing on Combating CorruptionWednesday, November 12, 2014
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced the following hearing: “Combating Corruption in the OSCE Region: The Link between Security and Good Governance” Wednesday, November 19, 2014 10:00AM U.S. Capitol Visitor Center Room SVC 203-202 Combating corruption is increasingly recognized as the critical factor in ensuring long-term security, because corruption creates fertile ground for social upheaval and instability. The change in government in Ukraine earlier this year is a prime example of how corruption can fuel legitimate popular discontent. Although the Organization for Security and Cooperation in Europe (OSCE) has created new tools to address corruption, tackling the problem requires more than raising awareness and sharing best practices. In many OSCE participating States, systemic issues including lack of media freedom, lack of political will, and lack of an independent judiciary contribute substantially to persistent high-level and low-level corruption. The hearing will draw attention to the work of the OSCE in combating corruption in all 57 participating States, with a particular emphasis on the need to build effective institutions and the important role played by civil society in combatting corruption. The following witnesses are scheduled to testify: Halil Yurdakul Yigitgüden, Coordinator for Economic and Environmental Affairs, OSCE Khadija Ismayilova, Host of "Isden Sonra" ("After Work"), RFE/RL Azerbaijani Service Shaazka Beyerle, Visiting Scholar at the Center for Transatlantic Relations, School of Advanced International Studies, Johns Hopkins University, and Senior Advisor with the International Center on Nonviolent Conflict Anders Åslund, Senior Fellow, Peterson Institute for International Economics
Helsinki Commission to Hold Public Briefing on Ukrainian ElectionsFriday, November 07, 2014
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced the following public briefing: “Ukraine’s Pivotal Parliamentary Poll” Friday, November 14, 2014 2:00PM – 3:30PM Dirksen Senate Office Building Room 608 On October 26, Ukraine held early parliamentary elections that international observers—including the Organization for Security and Cooperation in Europe—assessed as largely positive, with the exception of the disenfranchisement of voters in Russian-occupied Crimea and southeastern Ukraine. The elections, which swept into power Ukraine’s most pro-Western parliament in history, represented a critical milestone in the country’s democratic evolution. Experts from three major organizations with decades of on-the-ground experience in Ukraine will examine the conduct and results of the elections, as well as the potential for the newly elected parliament to confront the coming challenge of forging a democratic, secure, independent future for their strategically important country. The following panelists are scheduled to participate: Olha Aivazovska, Board Chair, Ukrainian citizen network OPORA Katie Fox, Deputy Director, Eurasia, National Democratic Institute Stephen Nix, Director of Eurasia, International Republican Institute Gavin Weise, Deputy Director, Europe and Eurasia, International Foundation for Electoral Systems
Annual OSCE Human Rights Meeting Dominated by Russia and UkraineThursday, November 06, 2014
Representatives of governments and civil society from OSCE participating States met in Warsaw, Poland, from September 22 to October 3, 2014 for the annual Human Dimension Implementation Meeting (HDIM). The meeting was organized by the OSCE office for Democratic Institutions and Human Rights (ODIHR) under the leadership of its newly-appointed Director Michael Link. This year’s annual OSCE human dimension implementation meeting drew 1,225 participants from 53 countries, including 700 NGOs. There were an unprecedented 82 side events on specific countries or issues. The session on tolerance and nondiscrimination was the most oversubscribed of the three-hour sessions with 85 people vying for the speaker’s list. Other specific topics for HDIM sessions included violence against women, rights of migrants and right of national minorities. In this issue: About the U.S. HDIM Delegation Russia Takes Propaganda Campaign to Warsaw OSCE Ambassadors Visit Auschwitz Civil Society Speaks Up
U.S. Helsinki Commission Congratulates Ukraine on Successful Parliamentary ElectionTuesday, October 28, 2014
WASHINGTON—Following the successful parliamentary election in Ukraine on October 26, Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, and Rep. Chris Smith (NJ-04), Co-Chairman of the Commission, issued the following statement: “We congratulate the people of Ukraine on yesterday’s parliamentary election. According to election observers, including those from the Organization for Security and Cooperation in Europe, the election was held in accordance with international norms and upheld Ukraine’s democratic commitments to its citizens. Unfortunately, voters in many parts of Donetsk and Luhansk were prevented from exercising their democratic rights through the interference of illegal armed groups. In addition, no voting took place on the Crimean peninsula due to its illegal annexation by the Russian Federation earlier this year. Although this casts no doubt on the validity of the overall election, we are reminded that citizens in Ukraine still face serious challenges – both internal and external – as they work to build a stable, independent, and prosperous democracy. The U.S. will continue to stand with the Ukrainian people and the new Ukrainian government as they forge ahead with their courageous and determined efforts to foster democracy, human rights, and the rule of law in Ukraine.”
Helsinki Commission on Opening of Europe’s Largest Human Rights MeetingMonday, September 22, 2014
WASHINGTON—U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) and Representative Chris Smith (NJ-04), Co-Chairman of the Commission, released the following statement ahead of the Organization for Security and Cooperation in Europe (OSCE) annual high-level meeting on human rights. From September 22-October 3, civil society and government representatives of OSCE participating States will gather in Warsaw, Poland, for the annual Human Dimension Implementation Meeting to discuss compliance with the full range of OSCE human dimension commitments, with special focus on migrant rights, minority issues, and combating violence against women and children. “The Human Dimension Implementation Meeting takes place while Russian aggression in Ukraine continues to threaten basic OSCE principles. I expect this will be a major focus of the meeting, as well as Russian actions at home that are cynically rolling back the ability of civil society to comment on or contribute to how that country functions," said Chairman Cardin. "I am pleased that Professor Brian Atwood will head the U.S. Delegation at this critical time. The promises OSCE states made to one another almost 25 years ago, that respect for human rights within any country is a matter of concern for all states, has guided us and must continue to do so. I also welcome the leadership of the U.S. Ambassador to the OSCE, Daniel Baer, who will be taking a high-level study group to the Auschwitz-Birkenau death camp." Co-Chairman Smith said, “The Russian government’s gross human rights violations in Ukraine must be a central topic of discussion at the Human Dimension meeting. HDIM is an indispensable tool for holding states accountable to OSCE commitments and most effective when both government and civil society representatives have equal opportunity to debate each state’s human rights record. One issue that states and civil society must discuss this year in Warsaw, and at the OSCE “Berlin Plus 10” anti-Semitism conference in November, is the alarming rise of anti-Semitic incidents in the OSCE region. The OSCE must also continue to combat trafficking in human beings, including through fulfilling commitments taken last year to train transportation workers to identify possible victims and to improve law enforcement information sharing internationally on potential sex tourists. Commitments are made to be kept.”
Co-Chairman Smith and Rep. Keating Introduce Resolution Supporting Progress and Reform in BosniaFriday, September 19, 2014
WASHINGTON— U.S. Representative Chris Smith (NJ-04) introduced House Resolution 746 expressing support for the people of Bosnia as they prepare for elections on October 12, and for reforms that will enhance the country’s prospects for Euro-Atlantic integration. “Nineteen years after the Srebrenica genocide and the Dayton Peace Accords, ethnic divisions have hardened as a generation has grown up under a system that classifies people into one of three ethnic communities, and diminishes the rights of anyone that doesn’t belong to one of those communities,” observed Rep. Smith, Co-Chairman of the U.S. Helsinki Commission and Chairman of the Human Rights subcommittee of the House Foreign Affairs Committee. “As the people of Bosnia prepare to go to the polls, they should know the United States Congress supports their aspirations to have effective government institutions that serve them rather than perpetuate political stalemate, so that their country can advance toward Europe with its neighbors rather than fall further behind.” Rep. Bill Keating (MA-09) joined Co-Chairman Smith as the lead Democratic co-sponsor of the measure. “More Western Balkan states have been moving forward with their European Union and NATO aspirations while mitigating interethnic conflicts through the use of dialogue and negotiation, instead of brutality and division. In this way, the upcoming elections in Bosnia and Herzegovina present an opportunity for Bosnians to make their voices heard and demonstrate their willingness to pursue a peaceful and productive future,” said Rep. Keating, Ranking Member of the House Subcommittee on Europe, Eurasia, and Emerging Threats. “This resolution should serve as a strong indication that Members of Congress remain committed to Bosnia and Herzegovina’s path forward and will continue to urge the political leadership of that country to refrain from the divisive rhetoric and policies of the past in order to allow for all Bosnians to progress along with their Balkan peers.” House Resolution 746 expresses support for the people of Bosnia and Herzegovina as they seek to hold government officials accountable, prepare for elections at the state, entity and cantonal level, and consider constitutional or other reforms to enhance the country’s prospects for European and Euro-Atlantic integration. The Dayton Peace Accords, brokered by the international community with U.S. leadership in late 1995, ended a more than 3-year conflict in Bosnia and Herzegovina. The Accords we followed by a decade of gradual recovery, but attempts to move beyond the compromises that were needed to end the conflict but now impede progress has led to increasingly ineffective and corrupt government, divisive political rhetoric and growing public frustration. The resolution also expresses the hope of Congress that the mid-October elections and commemoration of the Dayton Accords on their 20th anniversary next year will jointly serve as a catalyst for reform needed for Bosnia to move closer to eligibility for NATO and European Union membership. Rep. Smith, who is Co-Chair of the Congressional Caucus on Bosnia, also spoke to the situation in Bosnia in remarks delivered on the floor of the House. As Chairman of the Helsinki Commission in the 1990s during the Balkan conflicts, Rep. Smith chaired over 21 hearings on countries of the former Yugoslavia. In 2005, he authored H. Res. 199, which initiated a series of clear acknowledgements by other parliaments and international bodies that the atrocities which occurred at Srebrenica in 1995 constituted genocide.
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.”