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Commission Hearing Looked Ahead to Maastricht Ministerial
U.S. Policy Toward the OSCE
Wednesday, December 03, 2003

By Michael Ochs
CSCE Staff Advisor

The United States Helsinki Commission held a hearing on September 9, 2003 reviewing United States policy toward the Organization for Security and Cooperation in Europe (OSCE). The hearing considered the many security, economic, and humanitarian challenges facing the United States, and how the 55-member nation organization can be best utilized to address these challenges.

Testifying for the State Department were A. Elizabeth Jones, Assistant Secretary for European and Eurasian Affairs, and Lorne W. Craner, Assistant Secretary for Democracy, Human Rights and Labor, and Helsinki Commission Member.

In his opening statement, Helsinki Commission Chairman, Rep. Christopher H. Smith (R-NJ) emphasized the important role the OSCE plays in promoting American security abroad. "The explicit and implicit connection between security and human rights, the fulcrum of the Helsinki process," he said, "has been at the center of U.S. thinking and policy since the day almost exactly two years ago when religious fanatics flew airplanes into the World Trade Center and the Pentagon."

At the same time, he bemoaned the lack of democratic progress throughout much of the former USSR. Particularly in Central Asia, he said, "It becomes more and more difficult to harbor expectations that the future will be better or much different than the past or even the present."

Helsinki Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) expressed his appreciation to the State Department and executive branch for their willingness to work with the Commission over the years. Mr. Cardin particularly lauded the work of Ambassador Stephan M. Minikes, head of the U.S. Mission to the OSCE, whose efforts, he said, helped to form a unified agenda with Congress in the OSCE. He also expressed his appreciation to the State Department, later echoed by Chairman Smith, for arranging a visit by the Commission to Guantanamo Bay that allowed Commissioners to respond to concerns raised by the OSCE Parliamentary Assembly regarding humanitarian standards for detainees.

In her remarks, Assistant Secretary Jones noted two particular OSCE successes during the past year that were the result of U.S. efforts: the Vienna Anti-Semitism Conference and the new, annual Security Review Conference. She also identified the adoption of the Anti-Trafficking Action Plan as a positive development.

Secretary Jones listed several priorities for the OSCE Maastricht Ministerial, including progress on Russia's Istanbul commitments; mandating the 2004 Berlin Anti-Semitism Conference; and, addressing the pressing problems, discussed at the Security Review Conference, of travel document security and Man Portable Air Defense systems (MANPADs).

Secretary Jones identified several broad areas where the OSCE particularly serves U.S. interests: human rights and democracy promotion; conflict prevention and conflict resolution; and trans-national issues, such as human trafficking, anti-Semitism, racism and xenophobia, the rights of the Roma, refugees, and internally displaced persons. The United States, she said, also hoped to enhance the OSCE's police training capabilities "not only to step up anti-crime capabilities, but to deal with the human rights concerns that are related to the way police deal with civil society."

Assistant Secretary Craner began on a positive note, identifying encouraging signs throughout the region. "In a majority of the OSCE countries," he said, "we see growing and increasingly vibrant civil society groups advocating for peaceful change. The rule of law is being bolstered as countries move the administration of prisons under the auspices of the ministry of justice, and guards receive training to respect international standards."

He added, however, that there are also areas of both stagnation and backsliding in the OSCE region, all the more troubling given the numerous regional successes. "It is most disheartening," he said, "for the people of those countries who see other nations which have emerged from the Soviet empire now joining NATO and the EU and enjoying the fruits of democracy. Meanwhile, some governments remain authoritarian or unwilling to move beyond the old struggles and practices."

Secretary Craner noted troubling signs for democratization efforts throughout the former Soviet Union. Central Asian states, he said, had made little progress. Upcoming presidential elections in Ukraine would seriously affect U.S. attitudes toward that country's suitability for integration into Euro-Atlantic and European institutions. The Russian parliamentary elections in December are showing some troubling signs, while holding legitimate presidential elections in Chechnya would be extremely difficult, given the security situation there. He said, however, that such elections could potentially contribute to the end of that conflict.

Chairman Smith noted his pleasure that the sanctions list, established by the Trafficking Victims Protection Act of 2000 which he sponsored, which groups countries into three tiers based on their action on the issue of human trafficking would be released the week of the hearing. He also welcomed the U.S. military's initiatives against trafficking in South Korea and hoped for similar progress in the Balkans. Secretary Craner agreed that countries were taking the sanctions law seriously, and both witnesses stated that the U.S. and British militaries were taking strong action on trafficking issues. Smith and Jones emphasized that the pressure was not off countries that made it out of the bottom tier.

On the former Yugoslavia, Assistant Secretary Jones described gradual progress at the International Criminal Tribunal for the former Yugoslavia and improved cooperation from the government in Belgrade. "The list [of war criminals] is being reduced," she said, "but it is not done yet." Commissioner Cardin, however, noted that the patience of the international community was coming to an end. Both agreed that the political leadership in Serbia seems to want to do the right thing, but needs help from the United States to reinforce their efforts.

On issues of property restitution, Secretary Jones assured the Commissioners that when she travels to pertinent countries, the issue is always on the agenda and explained that the United States has had considerable success convincing governments to take action on a bilateral basis. She also agreed with Representative Cardin that poverty and corruption make democratic development more difficult. She said that the United States would try to attack the issue through the OSCE by working hard on corruption.

Commissioner Cardin brought attention to the United States' efforts in the OSCE's Parliamentary Assembly to create a mechanism extending Helsinki principles to the OSCE's Mediterranean Partners. Assistant Secretaries Jones and Craner said that the administration supported the goal but was uncertain whether the best way to accomplish it was directly through the OSCE or through a new, OSCE-like institution.

Chairman Smith then focused on the importance of "naming names" in the OSCE. He said that "one of the most vital aspects of the Helsinki process was specifically naming names" and "holding people to account," but he noted a curious reluctance to do so in the last ten years. Assistant Secretary Craner stated that the United States had indeed "named names" with regard to the situation in Belarus. The United States sponsored a resolution at the UN Commission on Human Rights putting Belarus in a category with countries like Turkmenistan and North Korea. Assistant Secretary Jones admitted that it was difficult to influence President Lukashenka of Belarus but said there were still elements of civil society in Belarus, activists in the Belarusian body politic, and free media that needed outside moral support.

Finally, Chairman Smith raised the issues of Chechnya and missing persons in the Balkans. Assistant Secretary Jones said that Chechnya was on the agenda for the Camp David summit between Bush and Putin in late September . She also indicated that the OSCE was negotiating with Russia to define a role for the organization in that conflict, ideally getting a mission back on the ground.

On the Balkans, Secretary Craner said that the United States was actively pressing governments bilaterally and through the OSCE to account for the fate of missing persons. He also highlighted the United States' support for the International Commission for Missing Persons, which is engaged in the painstakingly slow process of DNA identification. Lastly, Secretary Jones assured the Commissioners that the United States was not merely paying lip service to the concerns of minorities in Kosovo. She said, "It is a tough issue, but it nevertheless is a critical one in our policy of standards before status."

The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.


United States Helsinki Commission Intern Kevin Angle contributed to this article.

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Sergei’s work lives on in his many colleagues and friends who are gathering in London this week to celebrate his life and to recognize others, like him, who seek justice and peace in their countries, often facing, and surmounting, seemingly impossible obstacles.  All too often, they pay a heavy price for their courageous integrity. Sergei’s heroic legacy is exemplified in the global movement for justice sparked by his death, and in the raft of Magnitsky laws that began in this chamber and have now spread to over a dozen countries, including allies like Canada, the United Kingdom, and the European Union.  Even as these laws help protect our countries from the corrupting taint of blood money and deny abusers the privilege of traveling to our shores, they also remind those who suffer human right abuses at the hands of their own governments that we have not forgotten them. 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  • REMEMBERING AND HONORING SERGEI MAGNITSKY

    Mr. COHEN. Madam Speaker, today we remember and honor Sergei Magnitsky, the Russian tax lawyer who in 2008 uncovered a massive fraud scheme of hundreds of millions of dollars perpetrated by law enforcement officers. In any normal situation, Mr. Magnitsky would have been praised for his efforts. But this was Putin's Russia, and he was arrested by the very people whose nefarious dealings he exposed. The conditions Mr. Magnitsky faced in prison for almost a year were inhumane, and on November 16, 2009, already weakened and seriously ill, he did not survive the beatings he received from prison guards. Twelve years later, Putin still controls Russia. Throughout the country, hundreds of prisoners of conscience languish behind bars because of their political opinions, their activism, and even their religious beliefs. Thanks to Sergei Magnitsky's determination to stand up for what is right in the face of overwhelming state power, the laws that bear his name ensure they will not be forgotten. His story is the story of many others--not only in Russia, but worldwide. Exposing human rights abuses and corruption carries many risks in many countries. Yet there are many brave people who continue to reveal the truth. The Magnitsky Act has become a living memorial to Sergei Magnitsky's bravery. We in Congress originally passed this legislation to sanction those involved in the death of Mr. Magnitsky. Since then, we have expanded it to cover the world's worst human rights abusers. What began here has spread internationally as the United Kingdom, the European Union, and Canada have all adopted their own Magnitsky sanctions. Many others, such as Japan, Australia, and Taiwan, are considering their own legislation. Magnitsky sanctions have completely changed the nature of the fight for human rights and against corruption. They not only protect our own system against abuse but also provide a measure of justice to those denied it abroad. We will keep encouraging our democratic allies to adopt similar sanctions so that one day there will be no safe haven left for kleptocrats and their blood money. Finding justice for Sergei Magnitsky in Putin's Russia seems more impossible with each passing year. However, we have not forgotten his tragic story and we will never stop calling for accountability for those who imprisoned him and ultimately killed him; those who enabled corruption and abetted murder. We are determined to not let his memory fade. Instead, he will serve as an indelible reminder of all those who suffer under corrupt regimes.

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    By Nathaniel Haas, Max Kampelman Fellow On November 5, 2021, the OSCE High Commissioner on National Minorities convened a hybrid conference commemorating the 15th anniversary of “Recommendations on Policing in Multi-Ethnic Societies.” The conference focused on continuing challenges and new perspectives related to policing in diverse societies and was attended by more than 200 participants from thirty participating States and civil society, including Helsinki Commission Chairman Sen. Ben Cardin. Helsinki Commission staff Shannon Simrell and Dr. Mischa Thompson also attended. OSCE High Commissioner Kairat Abdrakhmanov opened the meeting, stating, “The Policing Recommendations provide guidance on how to enhance communication and trust between the police and national minority communities, thereby strengthening inter-ethnic relations, as well as increasing the operational effectiveness of the police.” He also noted the importance of the recommendations in assisting policymakers in ensuring police represent the societies they serve. Citing the urgent need to address discriminatory policing following the tragic death of George Floyd, Chairman Cardin said, “Strengthening cooperation between law enforcement and civil society, providing victims assistance, and promoting democracy and equal opportunity must become key aspects of the OSCE effort to address hate crimes and intolerance in the region.” As the OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, Chairman Cardin also called attention to the urgent item recently adopted by the OSCE PA calling for an OSCE plan of action to address bias motivated violence, including in policing. Against the backdrop of high-profile cases of discriminatory policing, speakers discussed barriers and solutions to addressing police misconduct, increasing diversity in police forces, strengthening police-community relations, and incorporating minority and gender perspective in policies relating to police recruitment, training, and operations. Recommendations included training law enforcement officers on language and multicultural communications skills and developing inter-ethnic trust building measures to foster better community relations. Other speakers recalled the important role of police in working with communities following terrorist attacks such as the Pittsburgh Tree of Life and Norway attacks, as well as addressing issues of radicalization within police forces.   Several panelists recommended developing targeted outreach and recruiting campaigns to need for ethnic and gender diversity to increase police effectiveness and decrease violence.  Senior Police Advisor Kara Rose of the U.S. State Department’s Bureau of International Narcotics and Law Enforcement Affairs offered examples of U.S. programs addressing implicit and explicit bias in the criminal justice system.  She highlighted gender strategies and programs that promote the protection of women and minorities in law enforcement careers.  Theresa Segovia, Associate Director of the Community Relations Service of the U.S. Department of Justice, discussed her work with religious communities and how working with youth was key to developing strong relations with multi-ethnic communities.  Given the duty of police to protect and serve, speakers also discussed the importance of depoliticizing the police and ways to keep police safe on the job amidst continuing societal tensions.

  • Helsinki Commission Supports Invocation of OSCE’s Vienna Mechanism in the Face of Sustained Human Rights Crisis in Belarus

    WASHINGTON—Following the invocation of the OSCE’s Vienna Mechanism to address the mounting human rights crisis in Belarus, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “One year after the release of a comprehensive, unbiased, and damning report detailing human rights abuses by the Lukashenko regime, Lukashenko has not simply failed to act on the report’s recommendations—he has intensified his brutal crackdown on those in Belarus who continue to fight for their fundamental freedoms. “Among its other commitments as an OSCE participating State, Belarus is bound to respect human rights and hold free and fair elections. By invoking the Vienna Mechanism, the United States and 34 other countries demand that the authorities in Belarus finally address the violations raised in the 2020 report and inform the international community about the steps the Lukashenko regime is taking to investigate those serious allegations. Ensuring human rights violators are held to account is of importance to us all.” In September 2020, 17 OSCE participating States, including the United States, invoked the OSCE’s Moscow Mechanism to investigate credible accounts of widespread human rights violations perpetrated in the aftermath of Belarus’ fraudulent August 2020 elections. The Moscow Mechanism allows a group of OSCE participating States to appoint independent experts to investigate a particularly serious threat to the fulfillment of human rights commitments in a participating State. On November 5, 2020, the Moscow Mechanism report substantiated numerous allegations of torture and repression and included recommendations and advice for the Government of Belarus, the OSCE, and the international community. Lukashenko’s government failed to cooperate with the investigation. On November 4, 2021, as a follow-up to the 2020 report, 35 OSCE participating States posed detailed questions to the Lukashenko regime via OSCE’s Vienna Mechanism, which obliges participating States to respond to formal requests for information from other States about serious human rights concerns. The commission convened a hearing on human rights in Belarus on September 21, 2021.

  • HELSINKI COMMISSIONERS JOIN OSCE PA MEETING ON AFGHANISTAN, DEBATE POLICY RESPONSES

    On November 4, 2021, more than 40 members of the OSCE Parliamentary Assembly (PA) met remotely to discuss the current security challenges posed by developments in Afghanistan and the future of OSCE engagement with Afghanistan under the Taliban’s rule. Since 2003, Afghanistan has been an OSCE Partner for Cooperation and shares a border with several OSCE countries. The debate, which was attended by seven members of the Helsinki Commission, took place as part of the OSCE PA’s annual Autumn Meeting. Each year, the Autumn Meeting focuses on debating one or more currently relevant issues confronting the OSCE region.  This year’s Autumn Meeting was originally planned to be in Dublin, Ireland, but a resurging COVID-19 pandemic forced the OSCE PA to rely on emergency procedures that allow for statutory meetings to be conducted remotely. OSCE PA Leaders Outline Challenges Posed by Afghanistan OSCE PA President Margaret Cederfelt opened the debate with an overview of the challenges presented by the Taliban’s takeover of Afghanistan. While three OSCE countries—Uzbekistan, Turkmenistan, and Tajikistan—share a border with Afghanistan, developments there also have serious implications for the rest of the OSCE participating States. The worsening humanitarian crisis, the Taliban’s historical connections to terrorism, the negative economic fallout, the potential impact on neighboring countries, and deteriorating human rights, particularly for women and girls, were all of concern. “Those who will suffer most from this is, of course, the ordinary people,” President Cederfelt emphasized, while highlighting the impending economic turmoil Afghanistan faces. “It is essential that human security is protected by safeguarding the fundamental rights of all Afghans.” President Cederfelt also underscored the need for international cooperation while addressing this situation, given its global security implications. The three leaders of the PA General Committees highlighted aspects of the crisis related to their specific mandates. Helsinki Commissioner Rep. Richard Hudson, who chairs the General Committee on Political Affairs and Security, noted, “Perhaps most alarming is the return of an international terrorist threat from Afghanistan. He also highlighted the production and trade of narcotics and illegal drugs backed by the Taliban as a serious challenge with global implications, thanks to major trafficking routes. “The security situation in Afghanistan is intrinsically linked with that of the OSCE region as a whole—but it will first and most immediately affect Afghanistan’s neighbors in Central Asia,” he said. “We must all be especially concerned about threats to the three OSCE participating States that have borders with Afghanistan: Tajikistan, Turkmenistan and Uzbekistan. This is perhaps the area in which our organization can have the greatest and most immediate impact." The other two general committee chairs shared their concerns as well. Pere Joan Pons of Spain, who chairs the General Committee on Economia Affairs, Science, Technology, and Environment, highlighted Afghanistan’s current economic and environmental challenges, especially given the country’s vulnerability in the face of climate change. Sereine Mauborgne of France, who chairs the General Committee on Democracy, Human Rights, and Humanitarian Questions, discussed the serious human rights violations faced by women, girls, and other vulnerable populations. In addition, many Afghans face urgent or extreme food and security issues; the Taliban lacks the capability to provide either for the Afghan people. Director of the OSCE Conflict Prevention Center Tuula Yrjölä discussed Afghanistan’s relationship to the OSCE as a Partner for Cooperation and the potential role of the OSCE role in addressing the situation. She concluded that Afghanistan’s partnership status in the OSCE was based on shared values; its future may be in question under a Taliban government. Helsinki Commissioners Participate in the General Debate Following the introductory remarks, six members of the Helsinki Commission—including all four senior commission leaders—took the floor to voice their concerns and engage with other parliamentarians. Helsinki Commission Chairman Sen. Ben Cardin, who also serves as the Head of the U.S. Delegation and the OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, expressed disappointment at how quickly the democratic government and institutions in Afghanistan deteriorated, despite years of investment and support. “One of the prime reasons was corruption,” explained Chairman Cardin. The rights of women and girls and ensuring humanitarian assistance reaches populations in need were two areas that he insisted be of focus as international efforts move forward. Media freedom was of particular concern for Helsinki Commission Co-Chairman Rep. Steve Cohen. “Lower-level Taliban forces threaten and harass journalists,” he stated. “RFE/RL has reported that over the past weeks, its remaining journalists have been questioned by armed Taliban and door-to-door searched have been conducted looking for journalists affiliated with the United States.” Media freedom is among the fundamental freedoms the OSCE seeks to protect, and Co-Chairman Cohen insisted the Taliban must be held responsible for violating these rights. Helsinki Commission Ranking Member Sen. Roger Wicker, who also serves as an OSCE PA Vice President, shared legislation he is sponsoring in Congress that seeks to strengthen the American response to Afghanistan and reiterated the dangers that religious and ethnic minorities in Afghanistan currently face. Ranking Member Rep. Joe Wilson highlighted the dangers of terrorism and the oppressive rule of the Taliban. “It cannot be business as usual with the Taliban,” he stated.  “Together, we must use our leverage to prevent Afghanistan from again becoming a terrorist haven devoid of human rights.” Chairman Cardin, Sen. Wicker, and Rep. Wilson all expressed concern over Afghanistan’s status as an OSCE Partner for Cooperation. “Before we recognize any representative of Afghanistan in our assembly, we should make sure that they will adhere to the principles of the Helsinki Final Act,” Chairman Cardin stated. Rep. Wilson argued that Afghanistan’s partner status should be reconsidered, and Sen. Wicker also emphasized the importance of the values shared by OSCE participating States and Partners for Cooperation. “I would hope that it is our position going forward that the Taliban-led government in Afghanistan not be recognized as an OSCE Partner for Cooperation,” Sen. Wicker said. Helsinki Commissioner Rep. Gwen Moore focused on the dangers for women and girls and the human rights violations they face. Despite advances made in women’s rights in Afghanistan during the past two decades, the return of Taliban rule has brought a resurgence of violence and restrictions, endangering the lives of women throughout the country. Many have fled Afghanistan, fearing for their safety, while others have remained to fight for their country. While Rep. Moore strongly advocated for supporting resettlement efforts, she also emphasized that resettlement was a last resort. “We must continue to press for the protection of these women in their own country,” she said. Ms. Moore also proposed that the OSCE PA create and maintain a project to monitor and support Afghanistan’s female parliamentarians. Helsinki Commissioner Rep. Ruben Gallego stressed the importance of aiding Afghans still in Afghanistan. “We must find ways to support Afghans in-country who are bravely calling for progress, and we must stand up for the human rights of those who suffer at the hands of the Taliban,” he said. Rep. Gallego further argued that the international community must do more than simply aid in the evacuation of those fleeing the Taliban’s rule. “We must also ensure that those who have been evacuated have long-term support in the resettlement process. The United States must do its part in accepting the bulk of Afghan refugees, and I have personally pushed in Congress to provide Afghans with the long-term resources they need to settle into a new life,” he stated, and asked all the participating parliamentarians to urge their countries to do the same. OSCE Efforts Moving Forward Throughout the debate, which highlighted various vulnerable populations and severe security threats that must be addressed in the future, one recurring theme was the need for international cooperation. While President Cederfelt began the meeting by observing that it will be impossible to know the future, Rep. Gallego expressed one certainty. “The end of America’s military commitment in Afghanistan does not mean we will turn a blind eye to Afghanistan’s people or the security of the region,” he said.

  • Helsinki Commission Welcomes Confirmation of Michael Carpenter as U.S. Ambassador to the OSCE

    WASHINGTON—Following the November 3 confirmation of Michael Carpenter as Permanent Representative of the U.S. Mission to the Organization for Security and Co-operation in Europe (OSCE), Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “We are delighted that the Senate has confirmed Michael Carpenter as our next ambassador to the OSCE. He is an expert on European security, has the ear of the president, and his confirmation clearly demonstrates the strong commitment of both Congress and the administration to upholding Helsinki commitments and the OSCE’s concept of comprehensive security. “We look forward to working closely with Ambassador Carpenter to confront the threats to U.S. interests across the region and to realize the potential of our investment in a Europe whole, free, and at peace. Countering Vladimir Putin’s dangerous behavior on the ground and within the OSCE itself is paramount. Russia’s war against Ukraine, its illegal troop presence in neighboring countries, and its efforts to undermine the OSCE’s human dimension require a robust response from the United States and our allies.   “We further pledge our support to Ambassador Carpenter as he works to enhance the capacity of the OSCE to counter corruption, mediate conflicts, promote tolerance and non-discrimination, and address the alarming increase in political prisoners across the region.” Ambassador Carpenter will lead the U.S. Mission to the OSCE, comprising a multi-agency team of more than 30 staff members, including a representative from the U.S. Helsinki Commission.

  • Upholding OSCE Commitments in Hungary and Poland

    Political leaders in Hungary and Poland—U.S. allies and members of the European Union—have for the past decade pursued policies that undermine democracy and the rule of law. In Hungary, the Fidesz government has weakened the country’s democratic institutions, especially the free media and independent judiciary. Instead of strengthening the transatlantic bond, Viktor Orbán has sought closer ties with Russia and China. In Poland, the ruling coalition has taken steps to compromise judicial independence and limit free expression. In this hearing, witnesses examined the erosion of democratic norms in Hungary and Poland and discussed the implications for U.S. foreign policy. Helsinki Commission Chairman Sen. Ben Cardin (MD) began the hearing by addressing the need to help safeguard the freedoms that both Poland and Hungary have fought so hard for, and that form the basis of the OSCE. He then addressed the downward trajectory of democracies in both countries, emphasizing Hungary as a particular concern. In his opening remarks, Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) emphasized the importance of democracy to all freedom loving people, and that while both Poland and Hungary are critical allies to the United States, the erosion of democratic norms in both countries is of serious concern. Co-Chairman Cohen highlighted the use of xenophobic, antisemitic and Islamophobic rhetoric as a mechanism to maintain political power in Hungary, and the collapse of the judicial system in Poland as examples of de-democratization in both countries. He concluded by stating that the United States should expect better of their allies and of members of the European Union. Zselyke Csaky, Research Director, Europe & Eurasia at Freedom House, testified about the key differences between Poland and Hungary and their decline as democracies. She first noted that while Poland remains a democracy and Hungary is now reclassified as a hybrid regime, the democratic decline of Poland is occurring at a faster rate than that of Hungary. She suggested that state capture of the media, judiciary, civic sector, and elections play a key role in the democratic backsliding of both countries. Ms. Csaky then concluded that while any decisions on the governments of Hungary and Poland will be determined by their respective electorates, the United States should uphold strategic, long term commitments supporting the EU, and help to strengthen the civic and media sectors. In his testimony, Dalibor Rohac, Senior Fellow at the American Enterprise Institute, expressed his concern over the authoritarian nature of the Hungarian and Polish governments. In particular, he called attention to the de-facto end of constitutional review, limited access to diverse media, and extraordinary rise in corruption in Hungary. Mr. Rohac closed by stressing the need for support from the United States to be bipartisan and narrow in focus. Heather Conley, Senior Vice President for Europe, Eurasia, and the Arctic at CSIS and incoming President at the German Marshall Fund, began her testimony by maintaining that while democracy in Poland and Hungary are examples of foreign policy accomplishments, both Poland and Hungary should be held accountable for their governments’ behavior in undermining democracy at home and abroad.  Ms. Conley emphasized Hungary’s growing relationship with China, and the need to determine if Hungary is at the level of commitment too maintain the secrecy of a NATO member. She recommended that the United States remain engaged in its investment in both countries but do so through bipartisan and firm policy. Following the conclusion of the witness statements, Chairman Cardin acknowledged that Poland and Hungary are two separate countries with different priorities but addressed what the two have in common. While Poland and Hungary are different cases, he noted, there is a need to address disturbing trends in countries with which the United States has deep ties. “We have to look for way to strengthen the values that make our relationship so important,” he said. “I think America can play an important role here, and that Congress can play an important role.” Related Information Witness Biographies

  • Fighting Impunity for Crimes Against Journalists

    By Arwen Struthers, Max Kampelman Fellow​ In 2013, the United Nations General Assembly declared November 2 International Day to End Impunity for Crimes Against Journalists to commemorate the lives of Claude Verlon and Ghislaine Dupont, two journalists who were kidnapped and killed in a targeted attack on that day. Since their deaths, their killers have walked free with complete impunity; there is no justice in sight. Unfortunately, cases where authorities respond to crimes against journalists with impunity for the perpetrators rather than justice for the victims are not outliers. The Committee to Protect Journalists reports that “in over eight out of 10 cases where a journalist has been targeted for murder, their killers go free.” Impunity often extends beyond cases where journalists are murdered to failure to conduct a proper investigation into other crimes against journalists, such as threats and non-fatal attacks. Complete impunity is not uncommon and presents one of the greatest challenges for media freedom advocates and democratic states around the world today. Freedom of expression and free press are core democratic principles that protect individual liberties, promote discussion in public squares, and contribute to the spread of information. The harmful, cyclical nature of impunity endangers states and individuals as it impedes upon media freedom, violates human rights, and threatens democratic values. Natalya Estemirova Natalya Estemirova was a Russian investigative journalist and a leading defender of human rights in Chechnya for nearly two decades. Despite threats from local authorities, she dedicated her life to calling out injustice. She regularly reported on abuses and violations committed by authorities at the national and local level, and her work was published by sources like Novaya Gazeta and Kavkazsky Uzel. In 2006, she met with the Helsinki Commission to share her findings on human rights violations. On July 15, 2009, Natalya Estemirova was abducted and murdered. Over 12 years later, little has been done to bring her killers to justice. On August 31, 2021, the European Court of Human Rights ruled that the Russian government failed to properly investigate her murder. There has been no conviction and those involved in the murder of Natalya Estemirova continue to walk free. The Dangers of Impunity Across the globe, impunity jeopardizes journalists and the media environments in which they operate. It is both a symptom of broader systemic problems in states, as well as an environmental contributing factor which encourages further crimes against journalists. In an October 2021 Helsinki Commission hearing on media freedom in the OSCE region, OSCE Representative on Freedom of the Media Teresa Ribeiro explained that examining individual cases of crimes against journalists and addressing each as it arises is not enough. To best tackle the problems created by violations of media freedom and attacks on journalists, human rights advocates must examine the broader picture. When discussing cases of crimes against journalists, Ribeiro said, “All combined, they all create a landscape, an atmosphere, that silence[s] all the critical voices.”  Crimes against journalists are often efforts to censor journalists who are bringing attention to injustice and corruption. By examining the broader picture rather each individual crime against the press, deeply rooted issues – such as government corruption and authoritarianism - will be exposed. To protect journalists in the future, these issues must be addressed first. At the same hearing, Robert Mahoney, the Deputy Executive Director of the Committee to Protect Journalists, explained that the failure to administer justice not only creates a landscape where there are fewer voices expressing themselves, but also encourages more crimes against journalists in the future. “Impunity will only send a message that journalists’ lives are cheap and that those – whether it’s criminal gangs or whether it’s governments – that want to silence them can, for a few thousand dollars, hire an assassin and get rid of the problem,” he said. Impunity demonstrates to other journalists they may be freely targeted by those they criticize without any protection from the law. It creates a painful choice: are they bullied into silence or do they risk their lives? Yesterday, Today, and Tomorrow One of the most important tools that can be used to help end impunity is multilateral, multi-level pressure. When international organizations and their members, such as the OSCE and its participating States, put pressure on those countries where authorities fail to adequately respond to crimes against journalists, they begin to break the dangerous cycle. Failing to call out impunity as injustice further feeds the emboldening cycle of impunity, but consistent pressure from outside forces can help that cycle crack. Domestic pressure also can have an impact. In February 2018, investigative journalist Ján Kuciak and his fiancée Martina Kušnírová were killed in a targeted attack in Slovakia. In response, the people of Slovakia took to the streets in protest of his death, resulting in the resignation of several top government officials. A Slovakian Supreme Court decision in June 2021 overturned the acquittal of two suspects, ruling that the lower court did not properly examine the evidence. The government’s response to the protests and pressure from the international community—its willingness to continue to prosecute those involved in the murders—demonstrates that external pressure works in putting a stop to impunity. In this case, there is hope that justice is on the horizon. When local communities, countries, and multilateral organizations all maintain pressure upon individual countries for their human rights and media freedom failures, governments who enable or are responsible for crimes against journalists begin to feel the heat. 2021 Nobel Peace Prize winner Dmitry Muratov, the editor-in-chief of Novaya Gazeta, dedicated his award to his slain colleagues, including Natalya Estemirova. In a 2009 Helsinki Commission briefing, Muratov said, “In any encounter with representatives of the Russian political establishment and government, please, bring up this meeting. Please ask these uncomfortable questions.” Joining forces with other defenders of media freedom and human rights and calling attention in public spaces to the failings of countries is one way to effectively combat impunity and protect journalists. On International Day to End Impunity for Crimes Against Journalists, supporters of media freedom should affirm their commitment to protecting the media and fighting against impunity crimes against journalists. To ensure that the work done by journalists around the world – the work done by Natalya Estemirova and others like her – will not be silenced, governments must lend their support and protection.

  • Helsinki Commission Digital Digest October 2021

  • 30th Anniversary of OSCE's Office of Democratic Institutions and Human Rights

    Mr. CARDIN. Mr. President, I rise to commemorate the 30th anniversary of the creation of the Organization for Security and Cooperation in Europe’s—OSCE—Office of Democratic Institutions and Human Rights—ODIHR—one of the world’s most preeminent and comprehensive human rights protection bodies. In 1990–1991, during the signing of the Charter of Paris for a New Europe that created ODIHR, a spirit of ‘‘profound change and historic expectations’’ prevailed among the United States, nations of Europe, and the Soviet Union. Revolutionary for their time, heads of state and governments resolved to ‘‘build, consolidate and strengthen democracy as the only system of government of our nations.’’ Further, by affirming that government’s first responsibility is to ensure the ‘‘protection and promotion of human rights,’’ they explicitly linked the full attainment of those rights with ‘‘the foundation of freedom, justice and peace’’ and set the standard for relations and security within and among nations. Now, 30 years later, I am deeply concerned that the fundamental freedoms that ODIHR was founded to safeguard are in peril. Authoritarianism is on the rise in Europe. Credible reports allege there are more than 750 political prisoners in Belarus, many detained for participating peacefully in protest of the fraudulent elections of August 2020 and the brutal government crackdown that followed. In Hungary, Viktor Orban’s administration continues its unprecedented consolidation of Hungary’s media, even as opposition figures organize to resist him. In many countries across the OSCE area, we have witnessed an alarming rise in anti-Semitism, racism, religious and other intolerance, and violence against women. These scourges have worsened the conditions imposed by the COVID–19 pandemic that disproportionately affect the most vulnerable in our communities. With these and other challenges in mind, ODIHR’s valuable work to assist nations to live up to their commitments is more relevant and more needed than ever. ODIHR is empowered by states to ensure respect for human rights, fundamental freedoms and the rule of law, and to promote and strengthen democratic institutions and tolerance. ODIHR actively partners with OSCE’s 57 participating states, civil society, and international organizations to support human rights defenders, enhance the independence of judiciaries, and promote human-rights-based policing. It offers legislative reviews and develops tools to support local government officials, including the Words into Action project, which enhances social inclusion within local communities and for which I proudly help secure funding. The most visible demonstration of ODIHR’s collaboration with the United States is perhaps in the field of election observation, where its methodology is rightly seen as the gold standard in international election observation. Since its founding, ODIHR, the Department of State, and the U.S. Congress, through the OSCE Parliamentary Assembly, have deployed thousands of American citizens and legislators to observe the conduct of elections across the OSCE area, including in the United States. Since OSCE states pledged in 1990 to hold free and fair elections, elections observation has been recognized as one of the most transparent and methodical ways to encourage states’ commitment to democratic standards and is a hallmark of ODIHR’s work. For nearly 30 years, ODIHR has organized Europe’s largest human rights review conference, the Human Dimension Implementation Meeting—HDIM—gathering thousands of representatives of governments, parliaments, and civil society for 2 weeks around the same table to review progress on human rights commitments. Unfortunately, the HDIM did not take place this September. Russia blocked consensus to hold the meeting, thereby denying the OSCE region’s nearly 1 billion citizens of a meaningful and sustained opportunity to hold their governments to account. In September, Russia also prevented ODIHR from deploying a full and independent election observation mission to observe its Duma elections. Likewise, Russia was responsible for the closure of OSCE’s border observation mission, which provided valuable insight into the personnel and materiel flowing across Russia’s border into the temporarily occupied areas of eastern Ukraine. ODIHR’s work is more important and relevant than at any time since its founding at the end of the Cold War. I would like to take a moment to extend my heartfelt appreciation to ODIHR’s 180 staff from 35 countries, upon whose dedication and professionalism we rely as we strive to realize an equitable and just future for all. ODIHR is not only the human rights arm of the world’s largest regional security organization; it is also the independent body endowed to assist us as we pursue this important goal. The phrase ‘‘Vancouver to Vladivostok’’ is routinely invoked to describe the organization’s broad geographical reach. However, it is perhaps ODIHR—and OSCE’s—revolutionary and comprehensive concept of ‘‘security,’’ which includes military security, economic and environmental cooperation, and human rights, that is its defining characteristic and most important contribution to world peace and the reason why we should all be celebrating ODIHR’s 30th anniversary this year and take steps to ensure its success for years to come.

  • Helsinki Commission to Hold Hearing on Upholding OSCE Commitments in Hungary and Poland

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: UPHOLDING OSCE COMMITMENTS IN HUNGARY AND POLAND Wednesday, November 3, 2021 2:30 p.m. Dirksen Senate Office Building Room 419 Watch live: www.youtube.com/HelsinkiCommission Political leaders in Hungary and Poland—U.S. allies and members of the European Union—have for the past decade pursued policies that undermine democracy and the rule of law. In Hungary, the Fidesz government has weakened the country’s democratic institutions, especially the free media and independent judiciary. Instead of strengthening the transatlantic bond, Viktor Orbán has sought closer ties with Russia and China. In Poland, the ruling coalition has taken steps to compromise judicial independence and limit free expression. Witnesses will examine the erosion of democratic norms in Hungary and Poland and discuss the implications for U.S. foreign policy. The following witnesses are scheduled to testify: Heather A. Conley, Senior Vice President for Europe, Eurasia, and the Arctic, Center for Strategic and International Studies Zselyke Csaky, Research Director, Europe & Eurasia, Freedom House Dalibor Rohac, Senior Fellow, American Enterprise Institute  

  • Cardin Statement on the Third Anniversary of the Attack on Pittsburgh’s Tree of Life Synagogue

    WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD), who also serves as Special Representative on Anti-Semitism, Racism and Intolerance for the OSCE Parliamentary Assembly, released the following statement on the third anniversary of the deadly shooting at the Tree of Life Congregation in Pittsburgh. “It’s been three years since a gunman on a hate-filled mission killed 11 worshippers at the Tree of Life Congregation. On that awful day, we lost the lives of Joyce Fienberg, Richard Gottfried, Rose Mallinger, Jerry Rabinowitz, Cecil and David Rosenthal, Bernice and Sylvan Simon, Daniel Stein, Melvin Wax and Irving Younger. Each are still in our hearts. The shooter also injured six others, including four Pittsburgh police officers. “It’s unthinkable that anyone would walk in to sacred place of worship armed with an assault rifle and multiple handguns, yelling ‘All Jews must die.’ Horrified doesn’t capture the feeling I had when I first heard of the event. “According to a recent report, 1 in 4 American Jews has experienced anti-Semitism over the past year and 4 in 10 American Jews feel the need to conceal their Jewishness in public for fear of anti-Semitism. In 2021, we saw a spike of anti-Semitic violence and language across the country. “Every person has a responsibility to break the cycle of anti-Semitism, racism and bigotry that has been taught from one generation to the next, in this country and around the world. Leaders, especially, need to be accountable for ending hate through their words and their deeds. This violent attack in Pittsburgh should never have happened. Hate should have no place in our society. “Through the darkness, as Pittsburgh mourned its dead, the community responded with messages of compassion, tolerance and respect. Through their pain, they reminded all of us that the antidote to hate is not revenge or more hate, but love. May the memory of those killed at the Tree of Life synagogue be a blessing to their community and may their families, the survivors, and our society as a whole find peace.”

  • Experts raise alarm bells in Congress over ‘Europe’s most contested domain’

    With a handful of frozen conflicts, hybrid warfare, rising autocracy, and political instability, the Black Sea region may be Europe’s most volatile and most overlooked. This week, policy experts are testifying in Congress and calling for the United States to step up its involvement in the Black Sea region, a critical geopolitical crossroads where U.S. allies and adversaries coexist. “The region is Europe’s most contested domain,” said Ian Brzezinski, a former deputy assistant Defense secretary for Europe and NATO who testified to Congress on Wednesday. “It’s where you have the most intense confrontation and the most violent conflict in Europe in the last decade and a half. It’s high time we start addressing what needs to be done to bring greater peace and stability to that region,” Brzezinski told National Journal. Last week, Russian fighter jets intercepted two U.S. bombers over the Black Sea while Defense Secretary Lloyd Austin was visiting Romania, a member of the European Union and a NATO ally that hosts nearly 1,000 U.S. servicemembers. During his trip, Austin also visited two other Black Sea countries, Georgia and Ukraine, a move many saw as a sign that the U.S. was beginning to focus on the region ahead of a key NATO ministerial meeting. High on the agenda during Wednesday’s congressional hearing, however, was the U.S. relationship with Turkey, a NATO ally that under President Recep Tayyip Erdoğan has had an increasingly fraught relationship with the West. Despite being part of the Western military alliance, Turkey has consistently opposed strengthening NATO’s presence in the Black Sea and courted Russia, opting to purchase a Russian missile-defense system that military experts say poses a risk to NATO equipment. “We have got to repair our relationship with Turkey. It’s not impossible. Erdoğan is a deal-maker,” said Jim Townsend, a senior fellow at the Center for a New American Security and former deputy assistant Defense secretary European and NATO policy, who also testified Wednesday. Over the weekend, Erdoğan ordered the country’s Foreign Ministry to declare 10 ambassadors, including the U.S. ambassador to Turkey, persona non grata after they called for the release of an imprisoned civil-society leader named Osman Kavala. Erdoğan later walked back the statement, but the incident highlighted the volatility of Turkey’s relationship with the West. “Because Turkey is pursuing its own Russia-friendly policy and is often antagonistic towards the U.S., that makes our Black Sea policy so much more difficult,” said Ariel Cohen, a senior fellow at the Atlantic Council’s Eurasia Center, who argues that NATO allies should be more active in the region. Sen. Ben Cardin, the chair of the Helsinki Commission, said the U.S. and Turkey share many interests in the Black Sea region but that shouldn’t stop Washington from speaking out on human rights. “Mr. Kavala, a Turkish philanthropist, has been in detention for four years despite being acquitted by a Turkish court," Cardin said in an email. "In their joint statement, the ambassadors simply asked that Turkey adhere to its international obligations and domestic law. “This kind of straight talk is important among NATO allies and did not warrant such a disproportionate response.” Despite the tensions with Turkey, Russia is the primary adversary in the region. Many lawmakers note that Moscow has trampled the rules-based international order by invading its neighbors and propping up separatists to prevent countries along the Black Sea from forming closer ties with the West. Russian forces currently occupy around 20 percent of Georgian territory and support separatists in the breakaway regions of Abkhazia and South Ossetia. They also annexed Ukraine’s Crimean Peninsula in 2014—in large part to maintain access to the Black Sea—and support pro-Russian separatists in Eastern Ukraine. Sen. Jeanne Shaheen, chair of the Senate Foreign Relations subcommittee on Europe, said she convened Wednesday’s hearing to learn how lawmakers can holistically approach the region to address patterns of Russian encroachment. “Over the last two decades, the Black Sea has become an increasingly important region for Russia, which has repeatedly disregarded international norms to expand control of the region, waging war and deploying illegal and belligerent tactics to secure these goals,” Shaheen told National Journal. “Russia has made it clear that it is willing to exert economic, military, and political power to thwart NATO expansion and expand its control in the Black Sea.” Experts are arriving in Congress with a laundry list of recommendations, including building up Bulgaria's and Romania’s navies, sending brigade combat teams to both countries, investing in initiatives to counter Russian disinformation, and providing Ukraine with more lethal weaponry. Some are advocating for the creation of a NATO readiness action plan for the Black Sea, and for moving forward with NATO membership for Ukraine and Georgia. Both countries are angling to join the Western military alliance. Still, the alliance’s commitment to collective defense prevents countries already in a state of conflict from entering, a fact that Russia exploits. Because Georgia is not yet a NATO member, the U.S. recently renewed a six-year security pact with Tbilisi designed to bolster the defense capabilities of the country’s military. The U.S. is moving away from training battalions in Georgia and will focus instead on building sustainable institutional capabilities at the executive levels of the military. Still, experts warn that nearly all the countries in the region are dealing with political instability, Russian interference, or both. Georgia, heading for a second round of local elections on Saturday, has been accused of Democratic backsliding. Romania and Bulgaria, both EU members, are also in contentious election cycles and debates over government formation that will determine their future political trajectories. Ruslan Trad, an author researching Russian influence in Bulgaria, told National Journal there are several popular pro-Russian political movements in Bulgaria. Russian spies are active in the country and allegedly monitored European Union leaders during their visits. There’s also an urgent need to counter Russian disinformation and anti-NATO propaganda in the country, Trad said. What’s most important, said Ben Hodges, a retired lieutenant general now at the Center for European Policy Analysis, is to have a robust strategy for the entire region. “Having a strategy for the region has to be the first priority because then you can develop the right policies for each of the countries in the region,” Hodges said. The Biden administration is now working on a global-force-posture review, which should shed light on U.S. policy towards the region, and the State Department is also developing a Black Sea strategy. Alina Polyakova, the president of CEPA and another witness in Wednesday’s hearing, said it would be important to pinpoint the specific areas in which each partner country in the region can contribute to broader security. “The Black Sea region is critical to broader transatlantic stability,” Polyakova told senators. “It is where Russia, Europe, the Middle East, the Balkans, and the Caucasus come together, and it’s also the locus of the Kremlin’s test of the alliance’s credibility and resolve.”

  • In Pursuit of Truth

    A free press is the lifeblood of democracy; without independent media, democracy is doomed, economies suffer, and peace is imperiled. In many of the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE), autocrats exploit financial and legal means, alongside physical violence, to intimidate and silence independent media. Journalists and their associates are attacked both online and offline; jailed on phony charges; and even killed for the secrets they expose. Leaders undermine public trust in the press to hide their misdeeds. Disinformation—particularly lies related to the COVID-19 pandemic—continues to pollute the information landscape. In her first appearance before Congress, OSCE Representative for Freedom of the Media Teresa Ribeiro assessed the state of media freedom across the OSCE region. Other expert witnesses discussed recent attacks on journalists and media outlets, the motivations that lead authorities to try and silence the press, global disinformation networks, and more. Helsinki Commission Chairman Sen. Ben Cardin (MD) opened the hearing by stating that media freedom is the bedrock of the democratic process, making it possible for citizens to make informed decisions on their political reality. He also addressed COVID-19 and disinformation, citing the need to safeguard fundamental freedom of expression while performing the vital task of reporting the truth. Chairman Cardin cited a Freedom House report showing a decline in democracy in some countries, often overlapping with a decline in media freedom, and expressed a concern over the silencing of media in Azerbaijan, Belarus, Hungary, Turkey, and Russia to name a few. As a co-sponsor of the Global Press Freedom Act, Senator Cardin expressed his wish for the U.S. to become more involved in press freedom across the globe. The OSCE Representative on the Freedom of the Media (RFOM), Teresa Ribeiro, thanked the Helsinki Commission for the strong support for the RFOM as an institution and media freedom and expression. Ribeiro seconded Chairman Cardin’s statement that free and independent media is a core pillar of democracy, adding that media is more than just a provider of daily news. Ribeiro addressed the steady decline of media freedom all over the OSCE region and decline in trust in the media. “We live in a time where accusing media outlets and individual journalists of false news has become the norm,” she said. Key issues, according to Ribeiro, include rising violence against journalists, abuse of the legal system to silence their work, restrictions imposed by authoritarian governments on the media, declining trust in the media, as well as the power of social media companies and their ability to shape the media landscape. Ribeiro argued that governments have a positive obligation to protect both the freedom of expression and a free press that delivers truthful information to citizens. In her opinion, the best way to fight disinformation is not through restrictive laws, but rather by promoting independent journalists. Robert Mahoney, the deputy executive director of the Committee to Protect Journalists (CPJ), reported on his organizations efforts to track media freedom across the OSCE region. He stated that journalists and media have come under attack in almost all OSCE countries. Some of these attacks are by private citizens, but most attacks on press freedom are carried out by governments such as those in Hungry, Poland, Tajikistan, Serbia, Turkmenistan, Belarus, or Russia. Specifically, Mahoney mentioned the number of journalists behind bars in Turkey and the use of foreign agent laws in Russia to sideline media. He also expressed concern over the targeted murders of journalists in the OSCE in countries including Ukraine, Slovakia, and Malta. Mahoney recommended fully implementing the 2018 OSCE ministerial council agreement on the freedom of the media, supporting the RFOM mandate and urging the mandate holder to challenge those countries with the worst press freedom records, implement the policies outlined in the 2020 resource guide by the RFOM on the safety of female journalists online, and considering the use of targeted sanctions to gold governments within the OSCE region accountable for their violations of press freedoms. Jamie Fly, President of Radio Free Europe and Radio Liberty, gave an update on his organizations efforts to provide news and media to 27 countries across Eurasia. Much of his testimony was focused on Russia and Belarus, where the gravest violations of press freedom occur. In Russia, foreign agent laws are increasingly being used to violate the freedom of the press and fines connected to these laws (such as $4.4 million owed by RFE/RL to Russia) are used to pressure news outlets financially. Fly believes the Kremlin is seeking absolute control over the information space in advance of the end of President Vladimir Putin’s current term in 2024. In Belarus, RFE/RL officers were raided, and equipment was confiscated. Meanwhile, many journalists threatened by the new government in Afghanistan are still hoping to evacuate and require outside support. Fly called for more advocacy for journalists in critical regions, funding for unbiased media to counter the large sums of money authoritarian governments spend on their biased media outlets, as well as pressure on those governments which jail journalists. Peter Pomerantsev, Director of the Arena Program and Senior Visiting Fellow at Johns Hopkins University, testified that the principles we use to defend journalists are being weaponized to attack journalists in other countries. He argued that the crushing of media voices happens not only through censorship, but also through the flood of disinformation. These mass inauthentic campaigns take away the fundamental right to receive information and know its origins, Pomerantsev said, and argued that the best way to counter such disinformation is through better transparency on the origins of content encountered online. Helsinki Commissioner Sen. Jeanne Shaheen (NH) asked the witnesses about steps the United States could take to counter disinformation and misinformation, especially strategies that have been found to be successful in Europe. Ribeiro answered that media literacy and better training for journalists to become fact checkers are key. Additionally, building back trust between the media and the public is vital, and the local level is the best way to do so. Mahoney agreed, stating that local news is generally trusted more than the news at a national level, but the decline in local news outlets in the U.S. has pushed people towards getting news from social media. Acknowledging various levels of media freedom across the OSCE, Chairman Cardin asked what best practices are to protect the freedom of the media. Ribeiro replied that different tools need to be used in different countries. Some countries have strong rule of law, yet still have issues with media freedom. In her capacity as RFOM, her tools include voice, advocacy, and assisting participating states to improve media freedom. Chairman Cardin also asked what should be done to protect journalists against indiscriminate arrests, detentions, and physical violence. Mahoney answered that the number one focus must be on bringing those who murder journalists to justice. Too often the murderers go free, sending the signal to others that journalists can be silenced this way. Next, to pressure governments that imprison journalists, including calling them out at conferences on the international stage. Lastly, the OSCE and EU must lift their standards and prevent capture of the media by the state. Chairman Cardin thanked Mahoney for his comments and added that the Helsinki Commission and the U.S. Congress is happy to help, but needs specifics like names and stories, not numbers, to advocate for journalists across the world. Asked about where the United States needs to concentrate its priorities regarding RFE/RL in the OSCE region, Jamie Fly noted the importance of social media in reaching audiences, and therefore the power social media companies have over RFE/RL. Social media algorithms dictate which content users see, and often authoritarian regimes intervene and pressure social media companies to remove content critical of them because of supposed terms-of-service violations, as was the case with Navalny’s election app in Russia. Fly affirmed the need for pressure and targeted sanctions on regimes violating press freedom, as well as support for journalist who cannot work safely in their home countries. Pomerantsev expanded on the issues of social media algorithms, explaining that understanding why an algorithm promotes some content over another is key to slowing disinformation. He emphasized that transparency, not regulation of content, is the best way to do so. Helsinki Commission Ranking Member Sen. Roger Wicker (MS) addressed the rising violence against journalists worldwide, including 29 killings in 2021, and increased imprisonment of journalists. Calling out Turkey, a NATO ally, for severe transgressions, Sen. Wicker asked if there is hope for improvement. Mahoney responded by saying the decline of press freedoms in Turkey has been happening for 20 years, but the coup attempt in 2016 worsened it. In his opinion, the OSCE and EU have been unsuccessful in attempting to bring change to media conditions in Turkey and must be more forceful in their critique of Erdogan and his regime. Chair Cardin closed the hearing by stating, “This commission stands ready to work with you to protect individual journalists as well as to put a spotlight on counties which are violating the freedom of the media.” Related Information Witness Biographies  

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