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hearing
Ukraine's Leadership of the OSCE
Wednesday, May 08, 2013This hearing focused on the Ukrainian leadership of the OSCE and OSCE priorities within Ukraine. Minister of Foreign Affairs of Ukraine Leonid Kozhara spoke about Ukraine’s progress on economic reforms and anti-corruption efforts and Ukraine’s policy goals for their time in office, particularly on human trafficking. Chairman Cardin and Minister Kozhara also discussed Yulia Tymoshenko’s imprisonment.
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hearing
Democracy in Albania: the Pace of Progress
Monday, May 06, 2013Prior to 1991, Albania was ruled by one of the communist world’s most repressive regimes and was the only country in Europe refusing to participate in the Helsinki process. In the two decades following, the country made enormous strides to become a democratic state where human rights are respected and to become an active participant in European affairs, and became a member of the NATO Alliance in 2009. Despite this progress, Albania continues to struggle in building its democratic institutions and practices, including respect for the rule of law. As Albania prepared for parliamentary elections in June 2013, this hearing assessed the degree to which progress has begun to fall short of expectations at home and abroad, and what could be done to accelerate the pace of further reforms related to good governance.
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press release
U.S. Helsinki Commission to Hold Hearing on OSCE with Ukraine's Foreign Minister
Wednesday, May 01, 2013The Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today announced the following hearing: Ukraine’s Leadership of the OSCE Wednesday, May 8, 2013 2:00 pm Dirksen Senate Office Building, Room 562 Scheduled to testify: His Excellency Leonid Kozhara, Minister for Foreign Affairs of Ukraine and Chair-in-Office of the OSCE Ukraine’s Foreign Minister, Leonid Kozhara, will testify before the U.S. Helsinki Commission in his capacity as Chairman-in-Office of the Organization for Security and Cooperation in Europe (OSCE). The hearing takes place one-third of the way through Ukraine’s 2013 chairmanship of the 57-country OSCE, an organization based in Vienna Austria, and best known for its work in promoting democracy, human rights and the rule of law. Minister Kozhara is expected to discuss the Chairmanship’s priorities and provide insights regarding the ongoing work of the OSCE. Ukraine’s Chairmanship faces formidable tasks in leading an organization that operates on the basis of consensus and includes countries ranging from democracies to dictatorships. The Ukrainian Chairmanship’s priorities include finding new ways to address protracted regional conflicts, energy security, and human dimension issues such as human trafficking, media freedom, tolerance, democratic elections and efforts to improve implementation of commitments regarding fundamental human rights and freedoms.
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article
Helsinki Commission Chairman Leads Delegation to Israel and Turkey before Attending OSCE Parliamentary Assembly Session
Monday, April 15, 2013By Helsinki Commission Staff En route to the OSCE Parliamentary Assembly’s Winter Meeting in Vienna, Austria, a delegation organized by the Helsinki Commission visited Israel and Turkey for talks on issues of key concern to U.S. foreign policy and the OSCE. These destinations in particular were selected to explore the impact on the OSCE region resulting from the ongoing tensions in the Middle East stemming from the active conflict and humanitarian crisis in Syria. The delegation was not only bipartisan but included Members from the Senate and House of Representatives, as well as two senior officials from the Department of Commerce. The delegation, which departed February 15 and returned on February 23, was led by Helsinki Commission Chairman Senator Benjamin L. Cardin of Maryland and included Representatives Robert B. Aderholt of Alabama, Alcee L. Hastings of Florida and Mike McIntyre of North Carolina as well as Assistant Secretary of Commerce Michael C. Camuñez from the Helsinki Commission. Senator Bernie Sanders of Vermont and Deputy Assistant Secretary of Commerce for Europe and Eurasia Matthew Murray also joined the delegation. High Level Meetings in Israel The delegation’s first stop was Jerusalem. Following a late arrival on Saturday, February 16, the delegation was briefed by Ambassador Daniel Shapiro and Consul General Michael Ratney in preparation for meetings on Sunday with Prime Minister Benjamin Netanyahu, President Shimon Peres, the Institute for Intelligence and Special Operations (Mossad), Palestinian Prime Minister Salam Fayyad and other officials. High on the delegation’s agenda were U.S.-Israeli relations, including economic cooperation, the peace process, renewal of Israeli-Turkish relations and regional security. President Peres welcomed the delegation in his residence and praised the work of the Helsinki Commission on human rights. Chairman Cardin and President Peres engaged in a lengthy conversation regarding the nuclear ambitions of Iran as well as human rights in that country. They also focused on investment and economic development in the region, particularly the need to provide employment and entrepreneurship opportunities for young people in the Arab world. Members of the delegation met with Prime Minister Benjamin Netanyahu in his cabinet offices for a wide ranging discussion on Iran, the peace process, violence in Syria, Israel-Turkey relations and economic cooperation between our two countries. The Prime Minister also offered a candid assessment of the January 22 parliamentary elections in Israel and his efforts to form a new government. Meeting with the delegation in the U.S. Consulate in Jerusalem, Palestinian Prime Minister Salam Fayyad provided an overview of the economic and security situation in the West Bank, the status of Palestinian-Israeli relations and the peace process. The Prime Minister indicated that there is outright disillusionment with the peace process among the Palestinian people. What is badly needed, he said, is a sense of renewal and energy by both parties to return to negotiations. The remainder of the day included meetings with Deputy Prime Minister and Minister of Intelligence and Atomic Energy, Dan Meridor, Central Bank Governor Stanley Fischer and a briefing by Israel’s Institute for Intelligence and Special Operations (Mossad). The delegation departed early the next morning for Turkey. Fostering Security Cooperation with Turkey Chairman Cardin's delegation stopped in Ankara, Gaziantep, and Istanbul while in Turkey. In Ankara, the delegation met with President Abdullah Gul, Deputy Prime Minister Ali Babacan, and Omer Onhon, former Turkish ambassador to Syria. The delegation prioritized international engagement in the Syrian conflict, the status of Syrian refugees, the urgency of improving Turkish-Israeli relations, the Middle East Peace Process, bilateral economic cooperation and ongoing human rights concerns in their consultations with Turkish government officials. The delegation was briefed by U.S. Ambassador Frank Ricciardone and his staff on bilateral U.S.-Turkish priorities and the security of U.S. embassies following the tragic February 1, 2013 attack on the embassy in Ankara. In Gaziantep, Chairman Cardin's delegation was the first group from Congress to visit the American detachment of the newly established NATO Patriot missile batteries. Members met with the troops stationed near Gaziantep and were briefed on security concerns emanating from the Syrian conflict and NATO efforts to ensure the security of Turkish communities near the Syrian border. The delegation was briefed by regional staff of the U.S. Office of Foreign Disaster Assistance on their substantial efforts to meet the humanitarian needs of the Syrian people in refugee camps and ensure the necessary resources reach the internally displaced civilians within Syria. The delegation then proceeded to visit the central Turkish camp for Syrian refugees in Kilis, which is one of more than 20 such camps along the border. After a briefing by the Turkish Ministry of Foreign Affairs, the Members had an opportunity to see the facilities. The Turkish government has independently made a substantial investment in Syrian humanitarian assistance through their camps. They urged the delegation to encourage the international community to contribute more financial support to address the lack of resources for the growing Syrian refugee population in the region. The delegation also met the camp leadership elected from among the refugees, which reflected the diversity of those displaced by the conflict. The camp leaders urged the delegation to act expeditiously to support the Syrian opposition before the positive perception of the United States irreparably diminishes among Syrian civilians. In Istanbul, the delegation participated in a discussion on the success of bilateral economic cooperation and overcoming barriers to increase U.S. investment in Turkey hosted by the Joint American Business Forum of Turkey and the Turkish-American Business Council. Members then convened a roundtable discussion with a diverse group of Syrian opposition activists based in Istanbul. The activists expressed an urgent interest in the future U.S. role in addressing the security and humanitarian impacts of Syrian conflict. The delegation also had an opportunity to meet with graduate students of Bahcesehir University to discuss the importance of international academic exchanges and youth professional development. OSCE Parliamentary Assembly Meets in Vienna The congressional delegation concluded in Vienna, Austria, to represent the United States at the Winter Meeting of the OSCE Parliamentary Assembly (OSCE PA). Like the OSCE of which it is a part, the Parliamentary Assembly has been an important venue for important initiatives relating to the Helsinki Commission’s work. Those initiatives include addressing specific human rights concerns in numerous countries and combating intolerance in society, organized crime and official corruption, and trafficking in persons. They also include promoting transparency in government and business practices. The United States has traditionally maintained a robust presence in the Assembly, assuring European friends and allies of willing U.S. engagement on issues of common concern and ensuring that the Assembly’s work reflects U.S. interests. Representative Aderholt, for example, is currently an OSCE Vice President and sits on a subcommittee dealing with rules of procedure and an ad hoc committee focusing on reform and transparency of the OSCE. The Winter Meeting is a two-day event held at the Hofburg premises of the OSCE, allowing diplomatic personnel from this multilateral organization to report to the parliamentarians on security, economic, environmental and human rights developments across Europe and into Central Asia. The Winter Meeting also provides a forum for open debate of topical issues and to present ideas for resolutions to be considered later in the year. In the decade since it was first organized, the Winter Meeting has become second in importance only to the OSCE PA’s Annual Session, which is held in June or July in different locations to consider these resolutions and adopt a declaration. In 2013, there were more than 200 parliamentarians in attendance. Ambassador Ian Kelly, the U.S. Representative to the OSCE, briefed the delegation soon after its arrival on the regional issues of interest to the OSCE, as well as organizational developments, from a U.S. policy perspective. Ukraine has taken the OSCE’s chairmanship for 2013, and efforts continue to achieve progress on priority issues in time for a foreign ministerial scheduled for year’s end. As it approaches its 40th anniversary in 2015, the OSCE is also seeking to develop its structural and substantive abilities in order to remain relevant to European security, but it must do so in the face of efforts by Russia and like-minded states to undermine the OSCE’s human rights focus. OSCE PA President Riccardo Migliori of Italy opened the Winter Meeting with a call to find “solutions for the future” based on “the road map signed in our past,” namely the 1975 Helsinki Final Act. The opening plenary was also addressed by Austrian National Council President Barbara Prammer, OSCE Secretary General Lamberto Zannier of Italy, and the Special Envoy of the OSCE Chair-in-Office, Viacheslav Yatsiuk of Ukraine. Additional discussions were held in each of the Assembly’s three General Committees: the First Committee dealing with political affairs and security; the Second Committee with economic affairs, science, technology and the environment; and the Third Committee with democracy, human rights and humanitarian questions. Committee rapporteurs and guest speakers discussed current issues and the prospects for OSCE PA work in the coming year. Assistant Secretary of Commerce Camuñez was a featured opening speaker for the Second Committee, focusing on economic issues in particular. Calling for a “truly 21st century approach” to engagement on these issues within the OSCE, he focused in particular on work being done on energy security and sustainability. He also called for operationalizing OSCE commitments on good governance and transparency adopted at the 2012 Dublin Ministerial Council of the OSCE and asked parliamentarians to play their role by passing needed laws and encouraging government policies that reflect OSCE norms and goals. The Winter Meeting traditionally includes a closing joint-committee session to debate issues that are particularly relevant and timely. This year, the debate focused on how OSCE countries should respond to crises in Syria, the Sahara, and North Africa. Representative Hastings, speaking as the OSCE PA’s Special Representative on Mediterranean Affairs, made a presentation that called on the parliamentarians to consider being in the place of the Syrian people as they flee their homes and lose loved ones, including children, while the world watches. He called on the participating States to halt the flow of arms to Syria, and insisting the Bashar al-Assad “must go,” called for him to be held accountable for his crimes before the International Criminal Court. Chairman Cardin also spoke in the debate, reporting on the discussions the delegation had in Israel and Turkey regarding Syria and praising Turkey’s efforts to accommodate massive inflows of refugees. During the course of the Winter Meeting, the OSCE PA convenes its Standing Committee, composed only of Heads of Delegation and officers, to shape the Assembly’s work. Helsinki Commission Co-Chairman Representative Christopher H. Smith, who was unable to attend the Winter Meeting, and Rep. Hastings each submitted to the committee written reports on their activities as Special Representative on Human Trafficking and as Special Representative on Mediterranean Affairs, respectively. Chairman Cardin participated in a lengthy debate on OSCE election observation, calling for the Assembly and the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) to coordinate in the field and to take advantage of parliamentary leadership to make observation most effective. The delegation used its time at the Winter Meeting to engage in bilateral meetings with parliamentarians and officials regarding Helsinki Commission concerns, including the OSCE Chair-in-Office envoy Yatsiuk, OSCE Secretary General Zannier and ODIHR Director Janez Lenarcic of Slovenia. Representative Hastings also organized a working session with visiting delegates from the Mediterranean Partner countries in order to plan activity for the coming year that will strengthen the partnership between the Mediterranean Partners – Algeria, Egypt, Israel, Jordan, Morocco and Tunisia – and the OSCE. Representative Aderholt also met with human rights activist and opposition representative Andrei Sannikov to discuss common concerns in Belarus. Beyond the Hofburg, the delegation also met with Ambassador Joseph MacManus, who represents the United States at United Nations organizations based in Vienna, and Director General of the International Atomic Energy Agency Yukiya Amano of Japan. Nuclear proliferation was the main issue in these meetings. Chairman Cardin also was accompanied by the U.S. Ambassador to Austria, Willliam Eacho, as he paid tribute at the Austrian National Council to the Vienna-based organization CENTROPA and its American Director, Ed Serotta, for efforts to preserve Jewish memory in Central and Eastern Europe, the former Soviet Union, the Balkans and the Baltics for future generations. By all accounts, the Winter Meeting represented two days of healthy debate and discussion. The U.S. Delegation played an active role throughout the meeting, making presentations and responding to statements of others.
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statement
Political Imprisonment in Ukraine
Tuesday, April 09, 2013Madam President. I would like to address the current situation in Ukraine, an important country in the heart of Europe, a bellwether for democratic development in the region, and the current Chairman-in-Office of the OSCE. Let me first welcome the release from prison Sunday of former Ukrainian Minister of Internal Affairs and leading opposition figure Yuri Lutsenko. Mr. Lutsenko had been convicted on politically motivated charges and incarcerated since December 2010. President Yanukovych's pardon of Mr. Lutsenko is an encouraging step in the right direction. I also welcome the pardon of former Environment Minister Heorhiy Filipchuk, who also served as a member of Ms. Tymoshenko's Cabinet and had been released last year after his sentence was suspended. By pardoning Mr. Lutsenko and Mr. Filipchuk, President Yanukovych is indicating not only a willingness to resolve what has been a major irritant in Ukraine's relations with the United States and the EU, but also a stain on Ukraine's democratic credentials. At the same time, I remain deeply concerned about the politically motivated imprisonment of Ukrainian opposition figure and former Prime Minister Yulia Tymoshenko, who has been incarcerated since August 2011. Mrs. Tymoshenko's case stands out as a significant illustration of Ukraine's backsliding with respect to human rights, democracy, and the rule of law since she was defeated by President Yanukovych in February 2010. The United States, EU, and Canada have repeatedly expressed concerns about the application of selective justice against political opponents, their flawed trials, conditions of detention, and the denial of their ability to participate in last October's parliamentary elections. As Chairman of the Helsinki Commission, which has long been committed to Ukraine's independence and democratic development, I am especially mindful of Ukraine's 2013 OSCE chairmanship. Like any Chair-in-Office, Ukraine faces formidable tasks in leading a multilateral organization that operates on the basis of consensus, which includes 57 countries ranging from mature democracies to oppressive dictatorships. The United States wants Ukraine to succeed, but the reality is that the politically motivated imprisonment of Ms. Tymoshenko casts a cloud over its chairmanship. A Chair-in-Office must itself have strong democratic credentials if it is to succeed in encouraging reform in other countries. Furthermore, democratic regression in Ukraine has harmed U.S.-Ukrainian bilateral relations, preventing a traditionally strong partnership from realizing its full potential. It has also slowed down the process of Ukraine's drawing closer to the EU, which is that country's stated foreign policy priority, manifested in the still-delayed signing of the EU-Ukraine Association Agreement. More than half a year has gone by since the unanimous adoption of S. Res. 466, calling for the release of Yulia Tymoshenko. The Ukrainian authorities now need to follow up on the important step they have taken in freeing Yuri Lutsenko. They need to free Ms. Tymoshenko and restore her civil and political rights. By demonstrating commitment to the rule of law and human rights principles embodied by the OSCE, Ukraine will strengthen the credibility of its chairmanship and show it is serious about being a full-fledged member of the democratic community of nations. I strongly urge the Ukrainian government to resolve the case of Ms. Tymoshenko.
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article
Helsinki Commission Welcomes Unveiling of Berlin Memorial for Romani Genocide Victims
Wednesday, November 21, 2012On October 24, more than 600 people in Berlin attended the unveiling of the Memorial for the Sinti¹ and Roma of Europe Murdered under National Socialism. Leaders of the Helsinki Commission, who had underscored the importance of the monument, welcomed the event. Rep. Chris Smith (NJ-04), Chairman of the U.S. Helsinki Commission, observed that the memorial “marks an important step in acknowledging and teaching about the fate of Roma at the hands of the Nazi regime and the Axis powers: persecution, confiscation of property, forced sterilization, slave labor, inhumane medical experimentation, and ultimately genocide.” Proposals to erect a memorial to the Romani victims of genocide emerged in the early 1990s after the unification of the Federal Republic of Germany and German Democratic Republic and at a time when German acknowledgement and remembrance took on additional dimensions. Those efforts, however, bogged down over questions regarding the location of the proposed memorial and the content of inscriptions. (Concerns raised by the artist over materials and weather-related construction complications also contributed to interruptions.) German government officials also suggested some delays were caused by differing views among Romani groups, particularly regarding the inscriptions; some critics of the delays suggested there was an insufficient sense of ownership and political will on the part of the government. Senator Ben Cardin (MD), Co-Chairman of the Commission, noted the singular role of Romani Rose, Chairman of the Central Council of German Sinti and Roma, and “his tireless work to ensure that Romani victims of genocide are remembered and honored.” Rose, who lost his grandparents at Auschwitz and Ravensbrueck, was a driving force to see the memorial completed. Cardin added, “I am deeply heartened that efforts to build this memorial, underway for over a decade, have finally been realized.” German government officials at the most senior level attended the unveiling of the genocide memorial, including Chancellor Angela Merkel, President Joachim Gauck, Bundestag President Norbert Lammert, Bundesrat President Horst Seehofer, and Berlin Mayor Klaus Wowereit. Former President Richard von Weizsacker, in spite of advanced years and frail health, was also present. Federal Minister of Culture Bernd Neumann described the memorial “a pillar of German remembrance.” U.S. Ambassador to Germany Patrick Murphy and Special Envoy for Holocaust Issues Douglas Davidson represented the United States. Dr. Ethel Brooks, who has served as a public member with the U.S. Delegation to the 2011 and 2012 OSCE Human Dimension Implementation Meetings, also attended the ceremony. The memorial, designed by Israeli artist Dani Karavan, was widely hailed as a deeply moving testimony to the genocide of Romani people. Dutch Sinto survivor Zoni Weiss addressed the hundreds of people who attended the event. As a 7-year-old, Weiss narrowly avoided being placed on the Westerbork transport from the Netherlands due to the intervention of platform policeman, but watched as his immediate family was sent to Auschwitz where they perished. The unveiling ceremony was also accompanied by a week of events in Berlin focused on Romani history, culture and contemporary issues. Gert Weisskirchen, former German Member of the Budestag and former OSCE Personal Representative on Anti-Semitism, organized a round-table focused on contemporary challenges faced by Roma. In her remarks at the event, Chancellor Merkel also acknowledged the on-going struggle for human rights faced by Roma throughout Europe, saying bluntly, “let’s not beat around the bush. Sinti and Roma suffer today from discrimination and exclusion.” Romani Rose warned more pointedly, “In Germany and in Europe, there is a new and increasingly violent racism against Sinti and Roma. This racism is supported not just by far-right parties and groups; it finds more and more backing in the middle of society.” Background The Nazis targeted Roma for extermination. Persecution began in the 1920s, and included race-based denial of the right to vote, selection for forced sterilization, loss of citizenship on the basis of race, and incarceration in work or concentration camps. The most notorious sites where Roma were murdered include Auschwitz in Nazi-occupied Poland, the Jasenovac camp in the so-called Independent State of Croatia, Romanian-occupied Transnistria, and Babi-Yar in Nazi-occupied Ukraine. In other parts of German occupied or German-allied territory, Roma were frequently killed by special SS squads or even regular army units or police, often left in mass graves. Many scholars estimate that 500,000 Roma were killed during is World War II, although scholarship on the genocide of Roma remains in its infancy and many important archives have only become available to a broader community of researchers since the fall of communism. In recent years, for example, Father Patrick Desbois has helped document the location of 800 WWII-mass graves in Ukraine and elsewhere in the former Soviet Union, including 48 mass graves of Roma. German postwar restitution legislation and its implementation effectively excluded almost all Romani survivors. Those most directly responsible for actions against Roma escaped investigation, prosecution and conviction. Several officials responsible for the deportations of Roma before and during the war continued to have responsibility for Romani affairs after the war. In 1979, the West German Federal Parliament acknowledged the Nazi persecution of Roma as being racially motivated. In 1982, Chancellor Helmut Schmidt recognized that the National Socialist persecution of Romani people constituted genocide. The first German trial decision to take legal cognizance that Roma were genocide victims during the Third Reich was handed down in 1991. In 1997, Federal President Roman Herzog opened a Documentation and Cultural Center of German Sinti and Roma, saying “The genocide of the Sinti and Roma was carried out from the same motive of racial hatred, with the same intent and the same desire for planned and final annihilation as that of the Jews. They were systematically murdered in whole families, from the small child to the old man, throughout the sphere of influence of the Nazis.” At the 2007 OSCE Human Dimension Implementation Meeting, Thommas Hammarberg, Council of Europe Commissioner for Human Rights, observed that, “[e]ven after the [ . . . ] Nazi killing of at least half a million Roma, probably 700,000 or more, there was no genuine change of attitude among the majority population towards the Roma.”
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hearing
Ukraine's Upcoming Elections: A Pivotal Moment
Thursday, May 17, 2012This hearing focused on concerns of democratic backsliding in Ukraine under President Viktor Yanukovych. In particular, the witnesses and commissioners discussed their concerns with the October 2010 local elections, the March 2012 mayoral elections. The witnesses, including the representative from several different non-governmental organizations working on democratic development in Ukraine, spoke about the impact of corruption, controls over the media and harassment of NGOs on the electoral process. Evheniya Tymoshenko, the daughter of imprisoned former Prime Minister Yulia Tymoshenko, also spoke about her mother’s case.
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hearing
Prerequisites for Progress in Northern Ireland
Wednesday, March 21, 2012This hearing assessed the progress towards peace made in Northern Ireland and discussed ways to ensure the sustainability of the peace. Witnesses condemned the British government for backtracking on the Good Friday Agreement, as well as the United States for not putting enough pressure on Great Britain. Witnesses identified the murder of human rights lawyer Patrick Finucane, whose widow Geraldine was in attendance, as an obstacle to peace.
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statement
More Democratic Setbacks in Ukraine
Tuesday, March 06, 2012Mr. Speaker, last week, former Ukrainian Interior Minister Yuriy Lutsenko was sentenced to four years imprisonment in yet another politically motivated trial. This comes after the imprisonment--also the result of an unfair trial on specious charges--of his ally, former Prime Minister Yuliya Tymoshenko, who continues to languish in prison in ill health. The sentencing of Mr. Lutsenko is a further confirmation that the regime of President Viktor Yanukovych is not taking its OSCE human rights and democracy obligations seriously. The imprisonment of opposition leaders Tymoshenko and Lutsenko prohibits their participation in October's parliamentary elections, raising serious questions about whether Ukraine will meet OSCE election standards. This could be especially troubling given Ukraine's assumption of the OSCE Chairmanship in January, 2013, two months after these elections. As Chairman of the Helsinki Commission, it is also of concern to me and my colleagues, who have long advocated an independent, democratic, and free Ukraine. Mr. Lutsenko's conviction is disconcerting in that it starkly illustrates the deterioration of human rights, democracy and the rule of law under the presidency of Viktor Yanukovych, who has pressed the pause button on Ukraine's once-promising advance towards democracy--and increasingly it seems he is switching to the reverse button. Instead, what we now see is something increasingly reminiscent of the kind of authoritarianism that exists in Russia, Belarus and elsewhere in the post-Soviet space. Ukraine's democratic backsliding is harming relations with the EU and the United States, and both have repeatedly made clear that for relations to improve, respect for human rights and the democratic process must improve. Most importantly, this now two-year deterioration negatively affects the Ukrainian people, who, following the Orange Revolution, had tasted the fruits of freedom, and are now increasingly experiencing the burden of its undoing. It is time for President Yanukovych to show respect for the dignity of his own people by putting an end to political prosecutions and other reprisals against those who oppose him and allow their full participation in political life. In order to find credibility with both the Ukrainian people and the international community, he must end restrictions on freedom of speech and association and reverse the debilitating corruption and judicial subservience to the executive which has so eroded the rule of law. Mr. Speaker, the time has come for the Ukrainian authorities to stop their slide to authoritarianism and resulting isolation which will only harm Ukrainians who for so long--and at such great cost--have struggled for freedom, dignity and justice.
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hearing
Healing the Wounds of Conflict and Disaster: Clarifying the Fate of Missing Persons in the OSCE Area
Tuesday, February 28, 2012The hearing examined efforts by governments and their partners in clarifying the fate of persons missing within a number of OSCE participating States and partner countries, especially in the western Balkans and northern Caucasus. The hearing also appraised the adequacy of assistance to governments and other entities engaged in locating missing persons, the obstacles that impede progress in some areas, as well as how rule of law mechanisms help governments fulfill their obligations to the affected families and society in clarifying the fate of missing persons. Currently, over a million persons are reported missing from wars and violations of human rights. In addition, there are thousands of reported cases a year of persons missing from trafficking, drug-related violence, and other causes. Locating and identifying persons missing as a result of conflicts, trafficking in humans and human rights violations and other causes remains a global challenge, with significant impact within the OSCE area.
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briefing
Dispatches From Moscow: Luke Harding’s Chilling Tale of KGB Harassment
Wednesday, February 22, 2012This briefing, moderated by Kyle Parker, Policy Advisor at the Commission on Security and Cooperation in Europe, addressed issues of human rights abuses in Russia in the context of the then imminent elections and widespread protests. The witness – Luke Harding, a journalist with the Guardian – remarked on Russia’s human rights abuses which blatantly ignore their commitments to the Helsinki Accords, citing anecdotal evidence. Harding, who had been the only Guardian correspondent to have actually reported from Russia since the 1917 Bolshevik Revolution, had suffered more at the hands of the FSB than any other Western correspondent, due to the fact that, during his four year tenure in Moscow, he comprehensively and repetitively busted Russia’s taboos that make it the security state it is today.
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briefing
Moldova: The Growing Pains of Democracy
Tuesday, January 31, 2012In this briefing, which Commission Staffer Kyle Parker chaired, the focus was on the progress on the implementation of democratic institutions in the former Soviet Republic of Moldova. The briefing took place on the heels of the December elections in the region of Transnistria and what such elections may have portended for the future in terms of normalization of the conflict in the region that had existed for twenty years at the time of the briefing. To be sure, at the time that the briefing was held, Moldova still had a lot of progress to make regarding human rights commitments, particularly as far as corruption and human trafficking were concerned, two intertwined issues that had been of particular interest to the Commission. However, as far as human rights commitments are concerned, Moldova has led the countries of the commonwealth of independent states.
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article
The OSCE 2011 Human Dimension Implementation Meeting
Monday, December 26, 2011By Erika B. Schlager, Counsel for International Law Overview From September 26 to October 7, 2011, the OSCE participating States met in Warsaw, Poland, for the annual Human Dimension Implementation Meeting (HDIM). The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights, according to an agenda approved by consensus of all 56 participating States. The HDIM is Europe’s largest annual human rights gathering and provides a venue for participating States and non-governmental organizations (NGOs) to review the implementation of the full range of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. In 2011, those subjects were: 1) “Democratic elections and electoral observation,” 2) “Freedom of movement,” and 3) “Enhancing implementation of OSCE commitments regarding Roma and Sinti.” U.S. Delegation The U.S. Delegation was headed by Ambassador David Johnson. Other members of the delegation included Ambassador Ian Kelly, Head of the U.S. Mission to the OSCE; Ambassador Cynthia Efird, Senior State Department Advisor to the Helsinki Commission; Ambassador Suzan Johnson Cook, Ambassador-at-Large for International Religious Freedom; and Deputy Assistant Secretary of State for the Bureau of Democracy, Human Rights, and Labor Thomas Melia. Helsinki Commission staff participated in all aspects of the delegation’s work. Patrick Merloe, National Democratic Institute, Kathleen Newland, Migration Policy Institute, and Ethel Brooks, Rutgers University, served as Public Members of the delegation, addressing democratic elections, freedom of movement, and the situation of Romani people in the OSCE region respectively. Public Members have traditionally been included in U.S. delegations to OSCE human dimension meetings as a means of bringing special expertise to the U.S. delegations and to promote greater knowledge of the OSCE process in civil society. Highlights of This Year’s Meeting The severe crackdown in Belarus which followed elections last December was a focus of attention throughout the two-week meeting, both in formal sessions and special side events. During the final session, the United States delivered a statement focused on the use of the Moscow Mechanism regarding Belarus -- an OSCE tool used in exceptional circumstances to conduct fact-finding regarding extreme human rights concerns. The mechanism had been invoked in April by 14 participating States and a report was presented to the OSCE Permanent Council by the Mechanism Rapporteur, Professor Emmanuel Decaux, on May 28. NGOs also demonstrated throughout the meeting on behalf of Belarusian political prisoner Alex Bielatskiy. The United States also raised issues which remain unresolved following the 2003 invocation of the Moscow Mechanism regarding Turkmenistan. In particular, Ambassador Johnson drew attention to the continued disappearance of Ambassador Batyr Berdiev, the former representative of Turkmenistan to the OSCE. Although Turkmenistan officials did not to participate in the HDIM, human rights groups concerned with Turkmenistan were present and members of the opposition-in-exile made a statement expressing their willingness to return to Turkmenistan and participate in the February 2012 presidential elections. They also called for the OSCE to conduct a full election observation mission for those elections. In its opening statement, the United States observed that Kazakhstan had failed to fully implement the commitments on domestic reform it had made in 2007 in Madrid upon receiving the Chairmanship for 2010, that leading human rights activist Yevgeniy Zhovtis remained in prison as a result of a trial that lacked due process, that Kazakhstan had adopted measures in a one-party parliament giving the current president continued power and immunity from prosecution for life and had held a poorly-conducted snap presidential election following an attempt to push through a referendum to obviate future elections for the incumbent. Although Kazakhstan protested the U. S. characterization of 2010 as “a year of missed opportunities for reform,” Kazakhstan’s adoption of a new restrictive religion law during the course of the human dimension meeting illustrated the very point the United States was making. In fact, of the topics restricted to three-hour sessions, the subject of religious liberties was the most oversubscribed, with Kazakhstan’s new religion law generating particular criticism. As at previous meetings, the allocation of time during the meeting was highly problematic, with speaking time at some of the sessions limited to only one or two minutes to accommodate dozens desiring the floor, while other sessions ended early with time unused. Other real-time developments during the HDIM also found their way into discussions. Following the outbreak of fighting on September 27 at a Kosovo border crossing with Serbia, Serbian representatives at the meeting engaged in a sharply worded exchange with Albanian officials. (Serbia's engagement at the meeting was of particular note in light of Belgrade's bid to serve as OSCE Chair-in-Office in 2014.) The outbreak of anti-Roma rioting in every major Bulgarian town or city during the HDIM underscored the urgency of addressing the chronic human rights problems affecting Roma as well as the acute and escalating crises. Many participants also raised concern regarding continuing human rights abuses against ethnic Uzbeks in southern Kyrgyzstan in the wake of widespread violence last year and in advance of Kyrgyzstani elections in October. During the formal sessions, NGOs demonstrated on behalf of Kyrgyzstani political prisoner Azhimzhon Askarov. The United States engaged fully in all aspects of the meeting, holding bilateral meetings with other OSCE participating States and extensive consultations with NGOs. The United States also organized two side events. The first focused on on the Hague Convention on the Civil Aspects of International Child Abduction. Professor Louise Teitz from the Hague Permanent Bureau (an intergovernmental organization that administers this and other Hague Conventions), and Corrin Ferber from the Department of State, made presentations, with additional comments provided by Consul General Linda Hoover, U.S. Embassy Warsaw. The second event focused on fundamental freedoms in the digital age. DAS Thomas Melia moderated the discussion, which included comments by the OSCE Representative on Freedom of the Media, Dunja Mijatovic; Agata Waclik-Wejman, policy counsel for Google; and Nataliya Radzina, a Belarusian journalist who faces a lengthy prison sentence in Belarus. Conclusions The Human Dimension Implementation Meeting served as an important forum for the United States to raise issues of concern, both formally and informally, and to hold extensive consultations with governments, OSCE officials, and representatives of civil society. That said, this year's HDIM was somewhat diminished relative to past meetings. First, member states of the European Union appeared divided or preoccupied (or both). As a consequence, on a number of subjects – for example, the session that included migrant workers, refugees, and displaced persons -- there was neither a coordinated European Union statement nor statements by individual EU member states speaking in their national capacity. This voice was missed. Second, the level of participation on the part of governments as well as civil society was reduced. This may be in part due to economic factors. But it may also reflect other factors. Prior to the HDIM, for example, Belarus and Russia dragged out the adoption of an agenda until the last possible moment, making it especially hard for NGOs to plan their participation. In addition, OSCE has, in recent years, scheduled so many human dimension meetings throughout the year that it is difficult for government and non-governmental experts to cover them all. (In addition to the discussion of tolerance and non-discrimination at the HDIM, those issues have been or will be addressed at three different ad hoc meetings, as well as one of the Supplementary Human Dimension Implementation Meetings.) The Lithuanian Chairmanship also scheduled some meetings in Vienna during the HDIM, although the modalities call for all Vienna meetings to be suspended during the HDIM to facilitate participation by the representatives to the OSCE. Similarly, the OSCE Parliamentary Assembly fall meeting overlapped with the final sessions of the HDIM. In fact, the modalities for the OSCE's human dimension activities were a dominant theme during the HDIM's closing session -- presaging the opening of discussions in Vienna on that issue held immediately after the HDIM at the insistence of Belarus. While many governments, including the U.S., believe the way in which the OSCE organizes its human dimension activities could be improved, the discussions themselves risk being held hostage by those countries inimical to the OSCE's human rights work.
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statement
International Human Rights Day 2011 (Cardin)
Friday, December 09, 2011Mr. CARDIN. Madam President, I rise today to mark International Human Rights Day, a day which celebrates the adoption of the Universal Declaration on Human Rights by the UN General Assembly on December 10, 1948. In the immediate after math of World War II, and reacting with revulsion to the horrors of that global war and the Holocaust, the community of nations organized itself with the goal of protecting international peace and security. Although the United Nations founding Charter recognized the protection of human rights as one of the UN's most basic purposes, it was quickly recognized that it would be necessary to further elaborate these fundamental freedoms in order to ensure their protection. The resulting document--the Universal Declaration of Human Rights--has since served as the foundation upon which all other human rights work at the international level has stood. It remains to this day an enduring guide for human rights advocates around the globe. This has been an exciting and dramatic year that will be remembered for the triumphs of the Arab Spring. The fall of so many dictators who have been responsible for the deaths, torture, and other atrocities meted out against so many has opened up the exhilarating prospect of real reform and meaningful human rights improvements. But the final chapter of the Arab Spring has not yet been written, and nothing can be taken for granted. Progress in this field is not necessarily linear. As Ronald Reagan said in his inaugural address, "Freedom is a fragile thing and is never more than one generation away from extinction.'' I believe it is especially critical, at this historic moment, for the United States to remain vigilant in the protection and promotion of human rights--abroad and at home. Overseas, the United States must continue to use our voice to speak on behalf of those silenced by brutal regimes. We must continue to lift up those who cannot stand on their own. And while we must inevitably pursue a multifaceted foreign-policy that advances American goals in a broad range of areas including hard security and the economy, we must never treat human rights as something expendable. I take particular note of the countries that stand shoulder to shoulder with us in that effort. I welcome Polish Foreign Minister Radek Sikorski's call for a ``European endowment for democracy,'' similar to the National Endowment for Democracy which the United States has supported since 1983. I commend Poland for the leadership it has shown on human rights issues during its presidency of the European Union. In all of these efforts, the role of civil society remains critical. On the 50th anniversary of the adoption of the Universal Declaration of Human Rights, the United Nations adopted a declaration on the rights of human rights defenders. They are the first line of defense and they often pay the highest price. There are, unfortunately, too many cases of human rights defenders who are imprisoned, persecuted or worse, for me to raise them all here. But I would like to mention one in particular that maybe emblematic of many others: the case of Evgenii Zhovtis, Kazakhstan's most well-known human rights activist. Zhovtis is the Director of the Kazakhstan International Bureau for Human Rights and Rule of Law and even a member of the OSCE Office for Democratic Institutions and Human Rights' panel of experts on freedom of assembly. But he was involved in a tragic car accident in which a pedestrian was killed and, after a trial widely condemned for lacking due process, he was sentenced in 2009 to 4 years in prison. A year ago, at the OSCE Summit in Astana, civil society activists called for Zhovtis' release. As one NGO participant remarked: Evgenii is the human rights Everyman. If this can happen to him, it can happen to anyone. A year later, Evgenii Zhovtis remains in a Siberian penal colony, even as Kazakhstan prepares to host an OSCE election observation mission. In the spirit of the Universal Declaration of Human Rights, I once again urge President Nazarbayev to review his case and to release him. Thank you.
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briefing
Conflicts in the Caucasus: Prospects for Resolutions
Wednesday, December 07, 2011Representative Michael Burgess led this briefing on the conflictual history in the Caucasus. Twenty years after the disappearance of the Soviet Union, the unresolved conflicts in the Caucasus remain one of its most problematic legacies. Despite the Organization for Security and Cooperation in Europe’s (OSCE) long mediation in the dispute over Nagorno-Karabakh, the results have been disappointing. After the 2008 Russia-Georgia war and Moscow’s subsequent recognition of the independence of Abkhazia and South Ossetia, the prospects for settling those conflicts seem more remote than ever. The witnesses examined where these conflicts stood at the end of 2011, what factors impeded a settlement, whether the resumption of armed hostilities was a serious threat, whether changes in the negotiating format could yield a better outcome, and what, if anything, could the United States do to facilitate a resolution.
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hearing
Combating Anti-Semitism in the OSCE Region: Taking Stock of the Situation Today
Friday, December 02, 2011By most accounts, and thanks to the work of many courageous nongovernmental organizations (NGOs) the despicable evil of anti-Semitism has decreased in most parts of the OSCE region in recent years – but it still remains at higher levels than in 2000. This is simply unacceptable, and it was the topic discussed in this hearing. Concerns raised included political transitions in the Arab world and how they might affect Muslim-Jewish relations, including in Europe; the importance of engagement with Muslim communities in Europe; and growing nationalist and extremist movements that target religious and ethnic minorities. Additionally the roles of the OSCE, U.S. government, and Congress in addressing continuing issues of anti-Semitism at home and abroad were discussed.
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briefing
Human Rights Play on Magnitsky Murder
Wednesday, November 16, 2011Kyle Parker introduced the briefing, which followed a performance of the play “One Hour Eighteen,” based on the final moments in the life of Russian whistleblower Sergei Magnitsky. After exposing the largest tax fraud in Russian history, Magnitsky was wrongly arrested and tortured in prison. Six months later he became seriously ill and was consistently denied medical attention despite 20 formal requests. On the night of November 16, 2009, he went into critical condition, but instead of being treated in a hospital he was put in an isolation cell, chained to a bed, and beaten by eight prison guards for one hour and eighteen minutes. Sergei Magnitsky was 37 years old and left behind a wife and two children. Those responsible for this crime have yet to be punished and his story has become a global human rights cause and is emblematic of corruption, violence, and impunity in Russia. Parker was joined by Ury Urnov, director of “One Hour Eighteen,” in discussing the play as an emblematic example of the devastating human cost of corruption and the lack of rule of law in Russia. The play juxtaposed the moving and chilling testimony and documents from Magnitsky's diary; a radio interview with his mother; two judges; a prison doctor and paramedic; an investigator; and a young ambulance paramedic.
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hearing
From Arab Spring to Coptic Winter: Sectarian Violence and the Struggle for Democratic Transition in Egypt
Tuesday, November 15, 2011On Sunday, October 9, 2011, 25 people were killed and more than 300 injured when the Egyptian military attacked a peaceful group of Coptic Christians protesting the burning of a church in Aswan. In what has been deemed the “Massacre at Maspero,” referring to the location of the demonstration, witnesses say the army fired on the demonstrators with live ammunition and plowed into the crowd with armored vehicles. The military denied the use of live ammunition and claimed that their soldiers were attacked by an armed mob. The military has arrested at least 28 people, almost all Copts, including prominent blogger Alaa Abdel Fattah, and brought them before military prosecutors. The hearing focused on violence perpetrated against the Coptic Christians in Egypt, the implications of the events for that community and the current Egyptian leadership, and prospects for the consolidation of democracy in Egypt.
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hearing
Belarus: The Ongoing Crackdown and Forces for Change
Tuesday, November 15, 2011Nearly one year after the brutal post-December 19, 2010, election crackdown, the human rights picture in Belarus remains bleak. Brave and committed individuals who attempt to promote a democratic future for Belarus continue to be crushed by the dictatorial Lukashenka regime. Civil society continues to be under assault, with NGOs facing ever greater constraints, and freedoms of assembly and expression are severely curtailed. Yet the ongoing economic turmoil has produced growing disaffection, as manifested in Lukashenka’s plummeting popular support, and a changing domestic and international environment. The hearing will focus on the extent and impact of the crackdown on the lives of its victims and on the larger society, and what more can be done by the U.S. and our European partners to promote democratic change in Belarus.
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hearing
Human Trafficking and Transnational Organized Crime: Assessing Trends and Combat Strategies
Thursday, November 03, 2011Helsinki Commission Chairman Chris Smith (NJ-04), Senator Marco Rubio (R-FL), and other lawmakers examined how human trafficking laws need to adapt to the maturation of the illicit activity, specifically in light of the Trafficking Victims Protection Act that Smith introduced in 1998. In addition, Smith, Rubio, and others examined the link between transnational organized crime and human trafficking. Witnesses testifying at the hearing – including Greg Andres, Deputy Assistant Attorney General, Criminal Division, with the Department of Justice; Piero Bonadeo, Deputy Representative with the United Nations Office on Drugs and Crime; and Martina Vandenburg, Esq., Pro Bono Counsel with the Freedom Network USA – focused on legislative proposals to combat organized criminal activity, the United Nations Office on Drugs and Crime’s (UNDOC’s) efforts, and, of course, human trafficking’s implications and consequences.
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By Alex Tiersky, Global Security and Political-Military Affairs Advisor
On April 23, 2017, the OSCE announced that a U.S. paramedic serving in the OSCE Special Monitoring Mission in Ukraine had been killed when his vehicle struck an explosive – likely a landmine – in separatist controlled territory in eastern Ukraine. Two other SMM personnel, from Germany and the Czech Republic, were also injured in the incident.
What is the OSCE SMM?
The Organization for Security and Cooperation in Europe (OSCE)’s Special Monitoring Mission (SMM) in Ukraine was established in 2014, to monitor implementation of the Minsk agreements designed to bring peace to eastern Ukraine. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia and Ukraine.
Currently fielding roughly 700 monitors, nearly 600 of whom are in Donetsk and Luhansk regions, the SMM is an unarmed, civilian mission that serves as the international community’s eyes and ears in the conflict zone. The Mission has some notable achievements, including regular reporting on the near-constant ceasefire violations, as well as the humanitarian needs of the population struggling in the conflict zone. It has also sought to bring the sides together on weapons withdrawals and demining, as well as working towards agreements to fix power and water lines in the conflict area.
However, Mission personnel face regular and sometimes violent harassment by combined Russian-separatist forces, who seek to limit the SMM’s access to the areas they control. The attacks have made the environment in which Mission personnel operate increasingly volatile and dangerous, a fact tragically underlined by the incident on April 23. In addition to this harassment, the SMM has faced limits imposed by the Russian-backed separatists including denial of access to the Ukrainian-Russian border, as well as jamming or downing of the OSCE’s unmanned aerial vehicles, critical tools for maintaining a clear operational picture.
What is the U.S. Position?
The United States supports the SMM and its monitors by providing personnel (roughly 75 Americans, making it the largest national contributor) and resources to the mission. The U.S. also supports the SMM by pushing Russia to end the separatists’ obstructions. Since the April 23 incident, the U.S. has reiterated its call for full implementation of the Minsk Agreements, particularly by the Russian-led separatist forces who are most responsible for the threats to the SMM. The U.S. has pushed for the sides to move towards a real and durable ceasefire, withdrawal of heavy weapons, and disengagement from the line of contact, as well as safe, full, and unfettered access throughout the conflict zone for the SMM monitors.
The U.S. Helsinki Commission has consistently upheld Ukrainian sovereignty and territorial integrity, including through support of the efforts of the SMM in Ukraine, and called for full implementation of the Minsk Agreements, in particular underlining Russia’s responsibility in ensuring that the separatists make verifiable and irreversible progress on the implementation of the Minsk agreements. The latest incident must not only be fully investigated; it is a reminder of the urgent need for progress on full implementation of the Minsk Agreements, including a cease-fire and withdrawal of weapons.