Cardin and Wicker Discuss July 2021 Congressional Delegation in ColloquyWednesday, July 21, 2021
Mr. CARDIN. Madam President, I take this time to talk about the work of the U.S. Helsinki Commission in a recent opportunity we had to participate in the OSCE Parliamentary Assembly. I am joined on the floor by Senator Wicker, who is the Republican chair of the Helsinki Commission. The two of us have worked together in a nonpartisan, bipartisan manner in regards to the work of the Helsinki Commission. I just want to spend a few minutes, and then I am going to yield the floor and allow Senator WICKER to give his comments. The OSCE, as the chair is fully aware as a member of the Commission, represents the U.S. participation in the Organization for Security and Co-operation in Europe—57 states, which includes all of Europe, all of the former Republics of the Soviet Union, and Canada and the United States. The Commission works on the principle of three buckets: one for political affairs and security, another for economic and environmental progress, and the third on democracy and human rights. But it recognizes—and I think this has been the hallmark of the Helsinki Commission—that you can’t have advancements on political affairs or security or economic or environmental progress unless you make progress on democracy and human rights, that they are interwoven. In the Helsinki Commission, the OSCE is best known for its advancements for basic human rights. So I think of the initiatives that we have had in the Helsinki Commission for dealing with trafficking in humans and the legislation that came out of that and how we led the global response to dealing with trafficking. I think about the efforts we made in regards to tolerance, dealing with anti-Semitism, racism, and intolerance and how we have made progress throughout the entire OSCE region. I think about the issues we did in regards to sanctions against human rights violators so they cannot use our banking system or visit our country, the Magnitsky-type sanctions. All of that came out of the work of the Helsinki Commission. So one of the major arms of our work is the OSCE Parliamentary Assembly, which is the group of parliamentarians who meet every year and have meetings throughout the year to exchange views and to carry out the principles of the Helsinki Final Act. For the last year and a half, we have been compromised because we haven’t had an opportunity to meet in person, and it required us to meet by internet, and we have, but we had a unique opportunity during the last recess period to actually travel and meet with the parliamentarians. We had an OSCE Parliamentary Assembly annual meeting in Vienna. And we had a chance to do this in a hybrid manner. So we were able to travel 12-strong from the U.S. Congress to be at that meeting, and we were joined by five others here in the United States, including our Presiding Officer, to participate in the Parliamentary Assembly, and we were able to advance a lot of very important issues. But I must tell you, we were noticed at this meeting. The U.S. presence was critically important in dealing with some very timely issues. I know that Senator Wickerwill talk about this. He is one of the great leaders of the Parliamentary Assembly. He is Vice-President of the Parliamentary Assembly. We are very proud of the leadership position that he holds. By the way, his election was in Vienna to be the Vice President of the Parliamentary Assembly. We had multiple candidates and several elected to Vice-Presidents, but Senator Wicker led the ballot with the largest number of votes, which I think speaks to his well-thought-of respect among the OSCE parliamentarians. We wanted to make sure that this was a substantive meeting. Quite frankly, the leadership of the Parliamentary Assembly said: Let’s just get in there and get it over with and not bring up anything controversial. But that is not the way we operate. We have to take up current issues. So we took up the issue of tolerance. I was happy to sponsor a resolution that ultimately passed by unanimous vote that speaks to anti-Semitism, racism, intolerance, and the growth of hate in the OSCE region. But we also made sure that we considered the recent elections in Belarus and how unfair those elections were and how Mr. Lukashenko has been acting in a way that is so contrary to the human rights of the people who live there, and the election results there do not reflect the will of the people. We also had a chance to make sure we took up the issues concerning Ukraine. Once again, there was a lot of controversy on why you should bring that up during this meeting. We did. We supported that to make it clear that Russia’s aggression and its occupation of Crimea and its interference in eastern Ukraine will never be recognized as legitimate by the United States or, by that matter, the Parliamentary Assembly, because we responded in all of those areas. I am pleased to tell you that we supported Margareta Cederfelt, who is going to be the President of the OSCE Parliamentary Assembly in Sweden, and we look forward to her visit here in the United States. Richard Hudson, Representative Hudson, will be the chair of the first committee. So we are going to have active participation in the Parliamentary Assembly. We had the chance to visit some other countries. But if I might, I think I am going to yield the floor and give my good friend and the leader of our congressional delegation trip an opportunity to expand on some of the things we were able to do in the OSCE Parliamentary Assembly. With that, I yield the floor. Mr. WICKER. Madam President, I thank my colleague from Maryland, who has been such a leader in the area of human rights and international recognition of the challenges that our world faces today. I do appreciate his leadership and his partnership. We have worked shoulder to shoulder on so many issues. Yes, I proudly rise with him this afternoon to talk about a very valuable series of meetings that our 12-member delegation had in 4 countries in Europe in recent days. This was Republicans and Democrats from the House and Senate, a truly bipartisan and bicameral delegation—a very large delegation—which I think my colleague will agree made a strong statement on behalf of the United States of America and on behalf of the U.S. House and Senate about the way we view European engagement and our partnership and friendship with the 50-plus member countries of the OSCE and their Parliamentary Assembly. We visited Vienna, Austria, for the OSCE Parliamentary Assembly. As Senator Cardin mentioned, we met with great success. Yes, I was reelected to the position of vice president, and I appreciate the support of Democrats and Republicans in the House and Senate in helping me get those votes to receive another three-year term there. Richard Hudson, our colleague from the House of Representatives, has been very active as chairman of Committee No. 1 in the Parliamentary Assembly. He is highly regarded. He was reelected without opposition. So there are two bits of success there. And then the great piece of work, actually, was with regard to Senator Cardin's initiative on the rising hate and intolerance that we are seeing all around the world, particularly among member countries of the Organization for Security and Co-operation in Europe. Senator Cardin actually took the lead in challenging the leadership of the Parliamentary Assembly in saying that issues should be discussed. Even though they weren’t in an immediate, like, three-week crisis mode, they deserved to be brought forward. And Senator Cardin was able to get his resolution considered and passed overwhelmingly, and we made a strong statement on behalf of countering the rising hate and intolerance and countering the use of these things to buttress authoritarianism and to stoke conflict around the world. We also passed a very important resolution about the tragedy, the outrage that has gone on in Belarus. I can tell you, the opposition party leader from Belarus was in this Capitol building just yesterday talking about the importance of support from places like the United States Congress. I can tell you, Madam President, that Senator Shaheen and I are about to send a letter to our colleagues asking any and all of us to join a Freedom Caucus for the Belarusian people, the Belarus Freedom Caucus. We asked the opposition leader, Sviatlana Tsikhanouskaya, to tell us whether that would be helpful. She said the formation of this caucus to support the freedom movement in Belarus would be a strong signal. It would be well received and effective on behalf of the opposition leadership there in Belarus. Then, again, we reiterated our opposition to what Russia has done in Ukraine and particularly to the recent Russian military buildup and ongoing aggression in Ukraine. We did a lot there with the Parliamentary Assembly. We went on to Estonia, met with leadership there—a former President, the current Prime Minister, other leaders. And, also, we had a chance to travel to the very easternmost part of Estonia and actually travel on the Narva River and look right across to Russia and the security guards there, understanding what our Estonian allies are up against with Putin’s Russia staring right across the river at their freedom and democracy. From there, we joined the Three Seas conference in Sofia, Bulgaria. I can tell you, this is a group of Eastern European former Soviet Bloc countries that are striving to be in charge of their own infrastructure and rely less on the Chinese Belt and Road Initiative. I think the fact that 12 Americans showed up, participated, met with Heads of state at that conference made a very strong statement of American support for freedom and for looking westwardly in trying to get their problems solved and their infrastructure needs met. We also had a very meaningful visit to Norway, where we saw some American-Norwegian defense initiatives. I am very proud of the partnership that this Helsinki Commission—our organ of the American OSCE PA—and the way that we joined together to express our support for freedom, for democracy, for the rule of law, for opposing corruption, both at the petty local level and also at the larger State-sponsored level. One other thing before I yield back and let my friend close. Particularly in Bulgaria, but also all during our trip, we were met with hearty thanks for the United States leadership in the global Magnitsky Act. This began as an initiative with Senator Cardin, Senator Lieberman, Senator McCain, and me several years ago directed—during the Obama administration—directed toward individual Russians who had violated human rights and individual liberty in a very outrageous and gross way, allowing us to sanction individuals rather than causing harm to the people of Russia in that case. That has been expanded now to the global level and other countries are adopting this. But I can tell you, when we arrived in Bulgaria, we were met with great thanks from people who are trying to combat lawlessness and corruption at the top level of government. I just have to say, of course, Ben Cardin has been the premier leader in this worldwide effort. It was gratifying to know and to learn firsthand on the ground there in Sofia, Bulgaria, that an initiative that began right here in this U.S. Senate years ago, and continues to this day, is having a beneficial effect on the people all across Europe and particularly in some of the countries that we visited. I yield back to the Senator from Maryland. The PRESIDING OFFICER. The Senator from Maryland. Mr. CARDIN. Madam President, let me again thank Senator Wicker. Thank you for your leadership on so many issues. But on this congressional delegation, for those who are not familiar, it is not easy to put together the type of opportunities to advance American values. And Senator Wicker took the responsibility as the leader of our delegation to make sure that we had the opportunities to advance American values. I thank him for all the effort he put into it. It was certainly extremely successful. I just want to emphasize a few things before closing. One, in Vienna, we did have an opportunity to meet with Rafael Grossi, who is the Director General of the IAEA. That is the International Atomic Energy Agency, which has the responsibility of monitoring the nuclear programs throughout the world. Obviously, it has played a bigger role in regard to the program in Iran, and it was monitoring exactly what was happening in Iran under the JCPOA. They now don’t have the same access, and we had a chance to talk with the Director General as to the challenges with the Iranian program. And I think it was helpful for all of us to understand exactly the role that the IAEA can play in regard to getting us information about what is happening on the ground in Iran. Senator Wicker talked about our visit to Estonia, a strong ally partner, NATO partner. We showed our support by going to Narva, which is on the Russian border. It is a town that has a majority of Russian-speaking Estonians. It is an interesting community. But we could see across the river, very clearly, the Russian patrol boats. We know and heard firsthand of the concern of the Estonians. They saw what happened in Ukraine and they worry that same thing could happen in Estonia with Russian aggression. I must tell you, our presence to reinforce the NATO commitment, I think, was an extremely important message that we gave to the Estonian people. Mr. WICKER. Would the gentleman yield on that point? Mr. CARDIN. I would be glad to yield. The PRESIDING OFFICER. The Senator from Mississippi. Mr. WICKER. If I might add, people in Narva, Estonia, and people in the city across the river have access to each other across a bridge there. And it is clear to the people on the Russian side that their cousins and friends in Narva, Estonia, live a better life and have a better standard of living in this free country, this NATO ally called Estonia, than the Russian cousins and friends have on the other side. I just thought I would add that to the discourse before Senator Cardin moves on to discussing Norway and Bulgaria. Thank you. The PRESIDING OFFICER. The Senator from Maryland. Mr. CARDIN. Madam President, let me move onto Bulgaria very briefly. Senator Wicker did cover Bulgaria. The Three Seas Initiative, I wasn’t that familiar with it before traveling to Bulgaria. It is an initiative by twelve states that are basically part of the Eastern European Coalition, states that are developing democratic institutions and democratic economies after the fall of the Soviet Union. They need to build up their resilience as a collective entity in energy, transportation, and digital infrastructure. The Three Seas Initiative is to attract investment to connect the twelve countries together on infrastructure needs. It is for many reasons. It is for its own economic strength and growth, but also for resiliency against the efforts of China on its Belt and Road Initiative, which is trying to infiltrate these countries and convert their way of economy to more of the Chinese system. The Three Seas Initiative is an effort to have their own independent way of attracting capital. The United States is participating in the Three Seas. We are not a member, but we are participating and providing resources for the fund that is being developed that would be leveraged for these type of investments. While we were in Bulgaria, we had a chance to have bilateral meetings. There were twelve heads of state there. We had bilateral meetings with the President of Poland, Bulgaria, Latvia, and Romania. We had very constructive discussions about what is happening in their country. We raised Helsinki issues with all these countries. Senator Wicker already talked about how we were welcomed by the Bulgarian leadership in regards to the imposition of the Magnitsky sanctions. We are heroes. They feel like they have a second chance to try to develop the type of anti-corruption mechanisms that they desperately need. Our visit to Varna, which is on the Black Sea, was very educational to see how Russia is trying to dominate the Black Sea area and one of the reasons why they are so aggressive in Ukraine and the Crimea. I think that was extremely helpful for us to understand the security risks and how we have to work with our NATO partners to protect the Black Sea area, particularly from the potential aggression—not potential—from the aggression of Russia. Also in Bulgaria, we had a chance to visit a Roma village. It is not my first visit to a Roma village. I have visited over the years. It is a real tragic situation. The Roma population have been in Europe for centuries. They lived in communities for hundreds of years, yet they do not have property rights. They have lived in their homes, and yet they do not have the opportunity to have their homes registered. And at any time, the government can come in and take away their property without compensation. They rarely have reliable utilities. The village we visited did not have water systems, so they had to use outhouses, et cetera. They had limited availability of fresh water. Their utility service is not reliable. And they go to segregated schools. They don’t have the same employment opportunities. So we, once again, will raise the rights of the Roma population as part of our commitment under the Helsinki Commission, and we are following up with the local officials to try to help in that regard. Then, lastly, on our way back, we visited Norway. I learned a lot because I did not know about the pre-positioning program. I know my friend Senator Wicker already knew about this from his Armed Services service, but it is where we pre-position equipment so that we can respond rapidly to a circumstance anywhere in the world. The Norway pre-positioning is actually used to help us in regard to the Middle East and our needs in the Middle East. So it was an extremely, extremely, I think, productive visit to these countries. I think we did carry out our commitment under the Helsinki Commission, and we advanced American values. I think we represented our country well, and we were very well noticed. With that, I yield the floor. The PRESIDING OFFICER. The Senator from Mississippi. Mr. WICKER. Madam President, one other thing that our colleagues might not understand about the OSCE is their role in election observation. As we were leaving Sofia on the morning of July 11, we crossed paths with some other representatives from the OSCE from European countries who were there to observe the parliamentary elections being held in Bulgaria that very day. Also, on the same day, Moldova, another member of the OSCE, was having parliamentary elections. We have every hope that the results of these elections will be a further resolve in those two nation members to counter the corruption at the highest level, and we want to congratulate both of those member states of the OSCE for free and fair elections in Europe. With that, I thank my colleague. I yield the floor.
Cardin and Cohen Condemn Persecution of Independent Journalists in BelarusMonday, July 19, 2021
WASHINGTON—In response to the July 16 raids by Belarusian authorities on Radio Free Europe/Radio Liberty (RFE/RL) offices in Minsk, as well as raids on the homes of several independent journalists across Belarus and the arrest of three RFE/RL correspondents, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD) and Co-Chairman Rep. Steve Cohen (TN-09) issued the following statements: “Alexander Lukashenko’s vicious attacks on human rights groups and the news media must end. He clearly fears the power of an independent press that brings credible information and reporting to the people of Belarus,” said Chairman Cardin. “This is why the Biden administration and the Congress are welcoming to Washington the apparent winner of last August’s presidential election, Svetlana Tsikhanouskaya. She clearly speaks for the people of Belarus much more clearly than the Lukashenko administration that has been rejected by the people of Belarus. I urge Belarusian authorities to stop the raids against RFE/RL and other independent news organizations, and to release all political prisoners without exception.” “Independent journalists and human rights defenders in Belarus have shown exceptional courage, but they should not have to do their jobs at risk to their personal safety,” said Co-Chairman Cohen. “Mr. Lukashenko must stop his aggressive intimidation tactics or risk further isolation and condemnation from the international community. We will continue to support democracy and freedom for the people of Belarus.” Since the run-up to the fraudulent August 2020 election, and during the subsequent protests, Belarusian authorities have conducted a sweeping crackdown on journalists, civil society, and opposition politicians. On July 14, Belarusian police conducted sweeping raids against human rights groups and the media, arresting at least a dozen people and targeting at least 19 nongovernmental organizations, including the Vyasna human rights center and the Belarusian Helsinki Committee. In May, Helsinki Commission leadership condemned Alexander Lukashenko’s order to divert and forcibly land a commercial plane in Minsk in order to arrest Belarusian activist and journalist Raman Pratasevich and his companion, Sofia Sapega. In April, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) called on Belarusian authorities to release detained journalists and political prisoners, including RFE/RL consultant Ihar Losik.
Helsinki Commission Delegation Advances Priority Issues at First OSCE PA Annual Session Since Onset of Covid-19 PandemicThursday, July 15, 2021
WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) and Ranking Member Sen. Roger Wicker (MS) last week led a U.S. delegation to the 2021 OSCE Parliamentary Assembly (PA) Annual Session in Vienna, Austria. The assembly was the first major gathering with an in-person component since the onset of the COVID-19 pandemic in March 2020. The 2021 OSCE PA Annual Session was held in a hybrid format, with most of the approximately 250 delegates participating remotely and others convening in Vienna. The United States had more representatives to the in-person meeting of the OSCE PA Standing Committee—comprising the heads of national delegations and other OSCE PA leaders—than any other participating State: Chairman Cardin, as the head of the U.S. delegation; Sen. Wicker, who serves as a vice-president of the OSCE PA; and Helsinki Commissioner Rep. Richard Hudson (NC-08), who chairs the OSCE PA General Committee on Political Affairs and Security. Other members traveling to Vienna included Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Rep. Joe Wilson (SC-02), Commissioners Rep. Gwen Moore (WI-04) and Rep. Marc Veasey (TX-33), Sen. John Cornyn (TX), Sen. Thom Tillis (NC), Rep. Lloyd Doggett (TX-35), Rep. Andy Harris (MD-01), and Rep. Trent Kelly (MS-01). Remote participants in the Annual Session included Commissioners Sen. Tina Smith (MN), Sen. Sheldon Whitehouse (RI), Rep. Robert Aderholt (AL-04), and Rep. Brian Fitzpatrick (PA-01), along with Rep. Sheila Jackson Lee (TX-18) and Rep. Chris Smith (NJ-04). During the Annual Session, the American legislators engaged in debates on political affairs and security, economic and environmental matters, and democracy and human rights. The U.S. legislators also played key roles in the adoption of three resolutions reflecting the major issues confronting the OSCE today: rising hate and its use to bolster authoritarianism and conflict, a call for democratic change in Belarus, and continued opposition to Russian aggression in Ukraine. Chairman Cardin, who also serves as the OSCE PA Special Representative on Racism, Anti-Semitism, and Intolerance, sponsored the first resolution, urging OSCE participating States to adopt an OSCE Anti-Discrimination, Equity, and Inclusion Action Plan, to strengthen the efforts of law enforcement, civil society, and others to tackle discrimination and extremism. In addition, parliamentarians held the first Assembly elections in two years, with both Sen. Wicker and Rep. Hudson easily retaining their leadership posts. Sen. Wicker received the most votes of any of the nine vice-presidential candidates, while Rep. Hudson was elected by acclamation. While in Vienna, members also met with OSCE Secretary General Helga Schmid and other senior OSCE officials, along with International Atomic Energy Agency Director General Rafael Grossi. The in-person delegation also traveled to Estonia, where they met with Estonian Prime Minister Kaja Kallas, Foreign Minister Eva-Maria Liimets, former President Toomas Hendrik Ilves, and Chair of the Riigikogu Foreign Affairs Committee Marko Mihkelson to demonstrate the strong U.S. support for the bilateral security relationship. During a visit to Narva, delegation members engaged with representatives of the local Russian-speaking community and visited the Russia-Estonia border to gain a better understanding of the security situation. “The American alliance with Estonia is based on shared democratic values. We appreciate our bilateral relationship and mutual efforts to support the democratic opposition in Belarus and independent voices in Russia,” said Chairman Cardin. “Across the 57 nations that are part of the OSCE, rising challenges to democratic norms require a sober and sustained response from those committed to the rule of law and the defense of human rights. Estonia and the United States are staunch allies in this effort.” “As the Baltic region faces serious and continuing security challenges, the United States is proud to support our steadfast NATO allies,” Sen. Wicker said. “This visit by a bipartisan and bicameral delegation is representative of the strong consensus in the U.S. Congress to push back against the Kremlin’s malign activities in the region. We also appreciate the important and growing contributions of Estonia and our other regional allies and partners as we work to address global security challenges.” Members then traveled to Bulgaria for the Three Seas Initiative Summit, designed to promote transparent and sustainable investments in energy, transportation, and digital infrastructure that contribute to an undivided, free, prosperous, and resilient Europe. While at the summit, they held bilateral meetings with President Andrzej Duda of Poland, President Rumen Radev of Bulgaria, and President Egils Levits of Latvia to discuss a broad range of security and human rights issues. The delegation also traveled to Varna to examine Black Sea regional security issues; visited a Roma community to better understand the current situation of Roma in Bulgaria and underscore U.S. support for the rights of Bulgaria's Roma population; and met with journalists of the recently re-established Bulgarian service of Radio Free Europe. “We brought a dozen members from the U.S. Congress to Sofia to demonstrate support for the Three Seas Initiative and also to engage with Bulgaria’s leaders and its people about our shared values and basic human rights,” said Chairman Cardin. “Protecting civil and human rights is an essential component of every democracy and we look forward to hearing more about how Bulgaria is safeguarding fundamental freedoms and the rule of law.” “The Black Sea region has seen a troublesome rise in tension recently,” said Sen. Wicker. “Our visit to the area was intended to keep us abreast of the situation and to demonstrate our strong, enduring, and bipartisan support to Bulgaria and our other NATO Allies and partners in the region.” En route back to the United States, the delegation visited the Marine Corps Prepositioning Program Norway, a cooperative effort with a stalwart NATO ally that reinforces regional security and offers direct support to U.S. deployments as far away as Iraq.
45th Anniversary of the U.S. Helsinki CommissionMonday, June 21, 2021
I take this time as the Chair of the Commission on Security and Cooperation in Europe, better known as the Helsinki Commission, as we celebrate our 45th anniversary. The Helsinki Commission is the vehicle for U.S. participation in the Organization for Security and Co-operation in Europe (OSCE), representing 57 states that have come together under the OSCE, all the countries of Europe, all the countries of the former Soviet Union, including those located in Central Asia, the United States, and Canada. Mr. President, this is a unique body in that it represents both the executive and legislative branches of government. The executive branch has representatives on the Helsinki Commission, and both the House and Senate have Senators and Representatives that serve on the Helsinki Commission. I am very pleased to have as my co-leader Senator Wicker from Mississippi as the Republican leader in the Senate on the Helsinki Commission. The Helsinki Commission has been responsible for elevating our moral dimension to U.S. foreign policy. Its principles point out very clearly that you cannot have security without dealing with good governance and human rights; you cannot have economic progress unless you have governance that respects the rights of all its citizens. That is why I was so pleased when President Biden announced that his foreign policy would be value-based, that as we participate in our foreign policy challenges, it will always be wrapped in our values, and his recent trip to Europe underscored that important lesson. And then he issued, not two weeks ago, the statement that corruption is a core national security threat and that we have a responsibility to fight corruption in order to protect our national security. I am so pleased of the accomplishments of the Helsinki Commission, particularly from the human rights and human dimension. I go back to my early days in the House of Representatives, when the Soviet Union still existed and the challenges of Soviet Jews trying to emigrate from the Soviet Union. It was the Helsinki Commission that was one of the leading voices to help deal with Soviet Jews. I think about trafficking-in-persons, modern-day slavery, and the efforts that the United States did in leading that effort, including passing landmark legislation in trafficking in persons and establishing a rating system where every country in the world is rated on how well they are dealing with fighting trafficking. Now this has become the model, and so many countries have acted. It was the U.S. Helsinki Commission that led the effort for what Congress was able to pass and the international effort in order to fight trafficking-in-persons. I think about the perpetrators of war crimes and crimes against humanity and genocide, and recognize that it was the Helsinki Commission that pushed to hold those who were responsible for these atrocities accountable, particularly as it related to the Balkan conflict. Then I think about the landmark legislation that was passed in the Congress that deals with sanctions against human rights violators, first the Magnitsky sanctions and then the Global Magnitsky sanctions. It came out of hearings from the Helsinki Commission and legislation that we authored. It is not only the standard here in the United States. It has been adopted as the standard in Europe, in Canada, and in other countries, to make it clear that human rights violators will not be able to hide their illicit funds in our banking system or visit our country. Perhaps our strongest contribution is the oversight hearings that we hold. We also passed the Elie Wiesel Atrocities Prevention Act. But just last week we had a hearing in the Helsinki Commission on how we can prevent atrocities from occurring in the first place. So I am very proud of the accomplishments of the commission. Part of the responsibilities of every member state of the OSCE is that we have the right to challenge any State’s compliance with the Helsinki Final Act Accords. So it is our responsibility to challenge when Russia violates those provisions or when we see violations in Turkey—any member State, we can challenge. But we also have to do our own self-evaluation. As Chairman of the commission, I have been using that opportunity to question conduct in our own country when it does not match the responsibilities that we should have. We saw that in the past in regard to the torture issues in Guantanamo Bay. My participation in the Helsinki Commission goes back to my early days in the House of Representatives and some of my proudest moments of representing our country on the international stage. Let me just give you a few examples. In February 1991, I joined a fact-finding mission to Latvia, Lithuania, and Estonia. That is when the Soviet tanks were in Vilnius. That is when the Soviet Union was demonstrating oppression against the people of the Baltic States. It was a very sad moment of oppression, and we went there to stand up for the people of the region, to let them know that the United States never recognized the Soviet’s occupation of the Baltic States, and that we stood with the people and their independence. It was very interesting. We went from there to Moscow, and Mikhail Gorbachev didn’t want to have anything to do with us. He wouldn’t have a meeting with us, and he wouldn’t acknowledge that we were there. But we had a meeting with Boris Yeltsin, who at that time was the chair of the parliament, and we got great visibility. And Yeltsin supported our efforts to condemn the Russian use of force. I have been to Germany several times. My first trip on behalf of the Helsinki Commission was when it was a divided country, and we went to East Berlin. We were the voices for those oppressed people whose voices could not otherwise be heard, and we gave them hope that one day they would see freedom. I then returned when we were literally taking down the Berlin Wall, and I joined in taking down part of the Berlin Wall. I have part of that as a prized possession in my home. I have returned to Germany as a united country and see what a democratic Germany means and the work of our commission to bring down the Iron Curtain. Germany is now a leading democratic state and a great ally of the United States. I have been to Kyiv, Ukraine, on several occasions. I was there during the Maidan protests, where the people demanded democracy. And then I had a chance to return and monitor the elections in Ukraine with Senator Portman—again, a country that has been able to rid itself of the oppression of the Soviet Union. I have been very active in the Helsinki Commission in regards to the Parliamentary Assembly. I chaired one of their three standing committees. I had a chance to become Vice-President at the Parliamentary Assembly. Today, I acknowledge Senator Wicker, who is Vice-President. It points out the bipartisan nature of the Helsinki Commission and our work on the international platform.
Tribute to Erika SchlagerMonday, June 21, 2021
I want to acknowledge one individual who recently announced that she is retiring, Erika Schlager, after 34 years of service to the Commission and to the global community. Erika received her bachelor’s degree from the University of North Carolina in Greensboro, where she graduated magna cum laude and was elected to Phi Beta Kappa. She earned her A.M. degree from Harvard University in Soviet Union studies and her juris doctor degree with honors from the George Washington University Law School. She studied at Warsaw University as a Fulbright fellow and received a diploma from the International Institute of Human Rights in Strasbourg, France. Quite a record. She used that academic preparation to make a difference in the world—and what a difference she made. Erika has been an unfailing professional in her dedication to doing whatever is necessary to ensure that the commission meets its mandate and defends human rights abroad. Her deep expertise, which she has honed over decades of work, is renowned both among policy professionals in the United States and in the countries of Central Europe that she followed for the commission. Erika is one of our nation’s top experts on Europe’s most vulnerable communities. She is a leading voice on Roma rights—Europe’s largest minority, with significant populations also in the United States. I have joined Erika in the crusade to speak up for the Roma population, a group that has been denied citizenship in so much of Europe. What a difference she has made in their lives. Erika has worked with Members of Congress, the Department of State and the Organization for Security and Cooperation in Europe (OSCE) to address issues ranging from the enslavement and sterilization of Roma to a permanent memorial in Berlin dedicated to the Sinti and Roma victims of the Nazi regime, to annual recognition of International Roma Day. She has brought to my attention the candidacy of Ethel Brooks to be the first Roma board member of the U.S. Holocaust Memorial Museum. I know that Erika will continue to bring Roma perspective and history on the Holocaust to further the tolerance, education, and human rights work of the museum. I have the honor of representing the Senate on the Holocaust Memorial Museum board, and I can tell you that Erika is so deeply respected by the professionals at that museum for the work she has done in furthering the goal of that institution to prevent atrocities against any groups of people. Erika has long been one of my top advisers on the Holocaust restitution and Europe’s Jewish community. She has worked closely with me over the years to raise concerns about the rise of Holocaust revisionism in countries like Hungary and Poland; to foster implementation of the Terezin Declaration on Holocaust Era Assets measures to right the economic wrongs that accompanied the Holocaust; and to hold accountable a French railway that transported thousands of Holocaust victims to their deaths. She worked on all of these issues and made significant progress. Erika has been instrumental in ensuring that the Helsinki Commission works to hold the United States accountable for our own human rights record, examining U.S. policies and conduct concerning Guantanamo Bay detention camps and U.S. policy regarding torture. Erika’s counsel greatly assisted me in my role as the Parliamentary Assembly of the OSCE’s Special Representative on Anti-Semitism, Racism, and Intolerance, where I was focused on human rights and justice here at home and across the expanse of the 57 participating States of the OSCE. From the plight of African Americans and Muslims to migrants and refugees, Erika has been integral to the Helsinki Commission’s mandate of upholding the myriad of human rights commitments defined in the Helsinki Final Act and subsequent OSCE agreements. In addition to her many professional milestones and achievements, Erika retires from the commission having left a deeply personal mark on those she worked with, from diplomats and civil servants to the staff of the Helsinki Commission. She is a natural teacher with a gift of taking a complex issue and distilling it in a way that makes it both relevant and accessible. Erika has taught our diplomats at the Foreign Service Institute and spoken at international meetings and at universities across the nation and around the world. She displayed her exceptional teaching ability at the Department of State’s annual training program on Roma rights, and she has ensured that Roma civil society groups could also participate. She has actively sought out dialogue and collaboration with new colleagues to help deepen their understanding of the Helsinki Commission’s role, of the challenges the commission could usefully seek to address abroad, and of the unique tools at its disposal to do just that. Erika is always quick to ask about a colleague’s well-being or inquire after a family member’s well-being. She has fostered collegiality among the Commission’s staff through her unfailing kindness and good nature. In so doing, she has repeatedly demonstrated how deeply she cares, not just for the work she has dedicated her career to, but also for the people whose great privilege it is to call her a colleague and a friend. I will say on a personal basis that I have benefited so much from her friendship, from her understanding, from her strategic thinking, from where we can make a difference. We know there are a lot of problems around the world. We know we can’t settle all the issues. But Erika helped us focus on areas where we can make a difference, and thanks to her input, we have made a difference. I know I speak on behalf of all Helsinki Commission members and staff and scores of other individuals—many who may not know her name—and groups concerned about advancing human rights around the globe and here at home when I say how we will miss Erika. Henry David Thoreau said: ‘‘Aim above morality. Be not simply good; be good for something.’’ Erika has embodied that maxim in her professional career and in her life. She has made an enormous difference, and she will continue to do so. I wish her all the best with respect to her future endeavors. I know we will continue to hear from her. Thank you, Erika, for the way you served the commission, our country, and the global community.
Sweden's Leadership of the OSCEFriday, June 11, 2021
In 2021, Sweden chairs the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—which comprises 57 participating States stretching from North America, across Europe, and to Central Asia and Mongolia. Even as the OSCE begins to emerge from the global COVID-19 pandemic, it is tackling other critical challenges, including Russia’s ongoing aggression in Ukraine, protracted conflicts in Moldova and Georgia, and the pursuit of a lasting and sustainable peaceful settlement of the Nagorno-Karabakh conflict through the framework of the Minsk Group. Meanwhile, several countries are deliberately spurning their OSCE commitments to human rights, democracy, and the rule of law. Participating States including Russia, Belarus, and Turkey not only stifle dissent in their own countries but also seek to undermine the OSCE’s work defending fundamental freedoms and curtail civil society’s participation in OSCE activities. Other shared challenges include combating human trafficking, countering terrorism and corruption, and protecting vulnerable communities, including migrants, from discrimination and violence. At this virtual hearing, Swedish Foreign Minister and OSCE Chairperson-in-Office Ann Linde discussed Sweden’s priorities for 2021 and addressed current developments in the OSCE region. Related Information Witness Biography
Swedish Foreign Minister Ann Linde to Appear at Helsinki Commission Online HearingThursday, June 03, 2021
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: SWEDEN’S LEADERSHIP OF THE OSCE Priorities for 2021 Friday, June 11, 2021 9:15 a.m. to 10:15 a.m. Watch Live: https://www.youtube.com/HelsinkiCommission In 2021, Sweden chairs the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—which comprises 57 participating States stretching from North America, across Europe, and to Central Asia and Mongolia. Even as the OSCE begins to emerge from the global COVID-19 pandemic, it is tackling other critical challenges, including Russia’s ongoing aggression in Ukraine, protracted conflicts in Moldova and Georgia, and the pursuit of a lasting and sustainable peaceful settlement of the Nagorno-Karabakh conflict through the framework of the Minsk Group. Meanwhile, several countries are deliberately spurning their OSCE commitments to human rights, democracy, and the rule of law. Participating States including Russia, Belarus, and Turkey not only stifle dissent in their own countries but also seek to undermine the OSCE’s work defending fundamental freedoms and curtail civil society’s participation in OSCE activities. Other shared challenges include combating human trafficking, countering terrorism and corruption, and protecting vulnerable communities, including migrants, from discrimination and violence. At this virtual hearing, Swedish Foreign Minister and OSCE Chairperson-in-Office Ann Linde will discuss Sweden’s priorities for 2021 and address current developments in the OSCE region.
Helsinki Commission Commemorates 45 Years of Advancing Comprehensive Security in the OSCE RegionThursday, June 03, 2021
WASHINGTON—To commemorate the 45th anniversary of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, on June 3, Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “The Helsinki Commission has played a vital role in elevating the moral dimension of U.S. foreign policy and prioritizing the protection of fundamental freedoms in our dealings with other nations,” said Chairman Cardin. “From fighting for fair treatment of Jews in the Soviet Union, to developing landmark legislation to address human trafficking, to demanding sanctions on human rights violators and kleptocrats, and so much more, the commission consistently has broken new ground.” “For 45 years, the commission has flourished as a bipartisan and bicameral platform for collaboration within the federal government. Its purpose is not to support a specific party or administration, but instead to advance transatlantic cooperation, promote regional security and stability, and hold OSCE participating States accountable to their promises,” said Sen. Wicker. “Our commissioners’ united front against threats to democracy and human rights worldwide has become a pillar of U.S. international engagement.” “I am grateful to have experienced the crucial role played by U.S. engagement in the Helsinki Process, both as an election observer in Bulgaria in 1990, and later as a lawmaker and commissioner,” said Rep. Wilson. “The Helsinki Commission is unique in its ability to adapt to evolving global challenges. The defense of human rights and democracy looks different now than it did during the Cold War, but we continue to unite over the same resilient principles and commitment to fundamental freedoms.” On June 3, 1976, U.S. President Gerald Ford signed the Helsinki Commission into existence through Public Law 94-304 to encourage compliance with the Helsinki Final Act of 1975—the founding document that lays out the ten principles guiding the inter-state relations among today’s OSCE participating States. The agreement created new opportunities to engage with European partners on human rights, cooperative security, economic opportunities, and territorial disputes, and the commission played an integral role in ensuring that human rights became a key component of U.S. foreign policy. Forty-five years after its founding, the Helsinki Commission continues to engage with participating States to confront severe and persistent violations of human rights and democratic norms. Since its establishment, the Helsinki Commission has convened more than 500 public hearings and briefings. It regularly works with U.S. officials in the executive branch and Congress to draw attention to human rights and security challenges in participating States, including racism, anti-Semitism, and intolerance; corruption; human trafficking; and Russia’s persistent violations of the Helsinki Final Act in its relations with Ukraine and other OSCE countries.
Helsinki Commission Condemns Lukashenko Regime for Forced Landing of Commercial Jetliner Leading to Arrest of Raman PratasevichMonday, May 24, 2021
WASHINGTON—Following Alexander Lukashenko’s order to divert and forcibly land a commercial plane in Minsk in order to arrest Belarusian activist and journalist Raman Pratasevich and civil society activist Sofia Sapega, Helsinki Commission Chairman Sen. Ben Cardin (MD), Commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02), and Commissioner Richard Hudson (NC-08) issued the following statements: “Dictators like Alexander Lukashenko increasingly seek to use extraterritorial surveillance, intimidation, harassment and even assassination against their political opponents,” said Chairman Cardin. “The kidnappings of Raman Pratasevich and Sofia Sapega from a commercial aircraft illegally forced by military aircraft to land in Minsk creates a precedent of terror that, if unchecked, could limit dissidents’ ability to travel freely. An international crime of this magnitude, engineered by the self-styled leader of Belarus, requires a strong international response, starting with Magnitsky sanctions on those involved.” “Lukashenko has already rigged elections, restricted freedoms, and repressed thousands of Belarusians. He has stooped to a new and alarming low by using military aircraft to force down a civilian airliner,” said Sen. Wicker. “He will only continue escalating his attempts to retain power unless he faces real consequences for his actions. We should develop a full-spectrum strategy against transnational repression to deter such brazen actions by dictators.” “The shocking abduction of Raman Pratasevich demonstrates that Alexander Lukashenko will do almost anything to silence perceived opposition,” said Rep. Wilson. “We demand that Lukashenko release all political prisoners without exception, and end his attacks against journalists, civil society, and all Belarusians peacefully exercising their rights.” “Holding civilian passengers hostage by creating a false threat and forcing a plane to land is an act of state terrorism,” said Rep. Hudson. “Unfortunately, we now have proof that Lukashenko’s dictatorship is a grave threat not only to Belarusians, but to the rest of the world. His regime should be treated as the rogue state that it is.” On May 23, a Ryanair plane flying from Athens to Vilnius carrying over 120 passengers was notified of a bomb threat, met by a Belarusian military jet, and forced to land in Minsk. The bomb threat was false, and upon landing, Belarusian authorities detained journalist Raman Pratasevich and Sofia Sapega, a Russian citizen studying in law at the European Humanities University, which was forced out of Belarus in 2004 and has relocated to Vilnius. Each could face up to 15 years in prison. Pratasevich, who had been living abroad for his safety since 2019, is a co-founder of the NEXTA Live Telegram channel, which has extensively covered this past year’s protests in Belarus and serves as a coordination hub for opposition activity. Belarusian authorities declared NEXTA an “extremist” outlet in October 2020. On May 24, video footage of Pratasevich appeared on Telegram, in which he states that his health is fine, the authorities have treated him lawfully, and that he is cooperating with them in their investigation. The Belarusian KGB is known for producing such videos of forced confessions. Lukashenko has crushed independent media and jailed journalists, activists, and political opponents in unprecedented numbers since Belarus’ falsified presidential elections in August 2020.
Helsinki Commission Leaders Mark World Press Freedom DayMonday, May 03, 2021
WASHINGTON—On World Press Freedom Day, Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “Press freedom is at the core of a healthy democracy,” said Chairman Cardin. “Over the last year, we have witnessed a sharp decline in access to information globally, and a rise in cases of violence against journalists. Some OSCE participating States have even used the COVID-19 pandemic as grounds to justify unnecessary restrictions on the press. Independent, professional journalism grounded in truth and transparency is the best antidote to the poison of disinformation and misinformation that plagues the OSCE region, during this global emergency and at all times.” “Strong democracies encourage a free press—one that informs the public, welcomes diverse voices, and holds leaders accountable,” said Sen. Wicker. “Unfortunately, in many nations autocrats abuse political, economic, and legal measures to intimidate, jail, and bankrupt members of the media who oppose them. On World Press Freedom Day, I commend the courageous journalists who work despite these threats.” “In the absence of press freedom, citizens are denied access to information and prevented from meaningful engagement in their communities,” said Rep. Wilson. “In some participating States, we continue to see violent attacks, arbitrary arrests, legal harassment, and other attacks against the legitimate work of journalists. These attempts to close off the information pipeline only highlight the weakness of such regimes, not their strength.” In its 2021 World Press Freedom Index, Reporters without Borders found that journalism is totally blocked, seriously impeded, or constrained in 73 percent of the countries evaluated. The data also reflect a dramatic deterioration in people's access to information and an increase in obstacles to news coverage. According to the study, Turkmenistan (at 178 of 180), Azerbaijan (at 167), Tajikistan (at 162), Belarus (at 158), Uzbekistan (at 157), Kazakhstan (at 155), Turkey (at 153), and Russia (at 150), rank the lowest in press freedom in the OSCE region. On April 30, Chairman Cardin and Helsinki Commissioner Sen. Marco Rubio (FL) reintroduced the World Press Freedom Protection and Reciprocity Act, which seeks to protect and promote worldwide press freedom and enhance reciprocity for U.S. news and media outlets. Earlier in April, Helsinki Commission leaders called on Belarusian authorities to release journalists and political prisoners. In 2020, the U.S. Helsinki Commission held a hearing to examine the troubling trend of violence against journalists, and review implementation of international press freedom commitments undertaken by the United States. In 2019, the OSCE Representative on Freedom of the Media testified before the U.S. Helsinki Commission on the state of media freedom in the OSCE region.
Cardin, Hudson Pledge Support to Ukraine in Bilateral Call Between OSCE PA DelegationsMonday, May 03, 2021
WASHINGTON—In response to increased Russian aggression against Ukraine, Helsinki Commission Chairman Sen. Ben Cardin (MD) and Commissioner Rep. Richard Hudson (NC-08) initiated an exceptional bilateral meeting with members of the Ukrainian Delegation to the OSCE Parliamentary Assembly (OSCE PA) on April 30. Chairman Cardin, who serves as Head of the U.S. Delegation to the Assembly, and Rep. Hudson, who is a member of the delegation and chairs the OSCE PA’s General Committee on Political Affairs and Security, sought the meeting to express the support of the United States for Ukraine’s territorial integrity and sovereignty and to solicit the Ukrainian lawmakers’ perspectives on the ongoing crisis. Ukrainian participants included parliamentarians Mykyta Poturaiev (Head of Delegation) and Artur Gerasymov (Deputy Head of Delegation). The exchange, which focused on the recent massing of Russian forces on Ukraine’s eastern border and in occupied Crimea, and the closure by Russia of parts of the Black Sea and the Azov Sea, also covered topics including: The militarization of occupied Crimea and widespread violations of fundamental freedoms there, with particular persecution directed toward Crimean Tatars The Crimean Platform, a Ukrainian diplomatic initiative to mobilize world leaders to raise the cost of Russia’s occupation of the peninsula, with the ultimate goal of de-occupation The effects of the Nord Stream 2 pipeline on Russian influence in Europe The importance of continued reform processes in Ukraine, including in ensuring the rule of law and the independence of the judiciary and of Ukraine’s anti-corruption bodies Chairman Cardin and Rep. Hudson reiterated Congress’ strong and bipartisan support for the sovereignty and territorial integrity of Ukraine. Chairman Cardin underscored that the United States stood with Ukraine in the face of Russian aggression, which “violated every principle of the Helsinki Final Act,” he stated. He added that the Ukraine Security Partnership Act unanimously approved by the Senate Foreign Relations Committee on April 21 codified the U.S. security commitment to Ukraine and support for the Crimean Platform initiative, among other measures designed to strengthen the bilateral relationship. The United States remained “strongly and firmly united in our support for Ukraine,” Rep. Hudson said, pledging continued resolve in ensuring this message was clear to Russian authorities. Hudson, recalling a statement issued in his capacity as OSCE PA committee chair on April 7, also expressed readiness to engage fully in the parliamentary dimension of the Crimean Platform. In addition, the U.S. and Ukrainian delegates discussed plans for the 2021 Annual Session to be held remotely in late June and early July.
Helsinki Commission Leaders Call for Action to Support NavalnyFriday, April 23, 2021
WASHINGTON—In response to the precarious health of Russian opposition leader Alexei Navalny in prison, threats to the future operation of his organization, and recent detentions of protestors calling for his release, Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “The world is watching in horror as Alexei Navalny wastes away in a Russian prison cell, while being inspired by the bravery of Russians who came out to the streets to support him,” said Chairman Cardin. “The Biden administration should continue to raise the cost on Vladimir Putin and his remaining allies for this most recent attempt to intimidate those who would take up Navalny’s call to action by challenging the Kremlin’s corruption and standing up for their own freedom.” “Alexei Navalny was lucky to survive one assassination attempt, but he returned to his homeland in a powerful example of civic courage,” said Sen. Wicker. “Now as he suffers once again in a Russian prison, we should consider Mr. Navalny’s suggestion of sanctioning those closest to Vladimir Putin—including notorious oligarchs like Roman Abramovich, Alisher Usmanov, Igor Shuvalov, and Nikolay Tokarev. We will be monitoring his condition carefully.” “By jailing Alexei Navalny, branding his anti-corruption organization as ‘extremist,’ and targeting supporters of a free Russia, the Kremlin reveals its contempt for the fundamental rights of the Russian people,” said Rep. Wilson. “This is simply the latest attempt by Vladimir Putin to cling to power and it will ultimately fail.” In August 2020, Alexei Navalny was the victim of an assassination attempt by FSB that used a Russia-developed chemical weapon in the Novichok family. He spent months recovering after being flown to Berlin for treatment. Navalny returned to Moscow on January 17, 2021, and immediately was arrested. Navalny is serving two years and eight months at one of Russia’s most notorious penal colonies, about three hours east of Moscow. He is accused of violating the terms of a suspended sentence related to a 2014 case that is widely considered to be politically motivated. He has severe back pain and numbness in his extremities. Prison authorities have prohibited him from seeing his own doctors, but recently allowed him to be examined outside the prison by independent physicians. Navalny spent three weeks on a hunger strike to protest his lack of access to an outside doctor and remains in critical condition. On April 16, the Moscow prosecutor’s office asked the Moscow City Court to label Navalny’s Anti-Corruption Foundation and its regional headquarters, as well as his Citizens’ Rights Protection Foundation, as “extremist” organizations. If approved as expected, it will essentially outlaw these groups and criminalize their activity. On April 21, thousands of protestors came out across Russia in support of Navalny. More than 1,000 people were detained, including members of the press.
Helsinki Commission Leaders Troubled by Kyrgyzstan’s New ConstitutionMonday, April 19, 2021
WASHINGTON—Following the adoption of a new constitution in Kyrgyzstan on April 11, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “We are concerned that this new constitution will move Kyrgyzstan—long considered among the most democratic countries in Central Asia—toward authoritarian rule by concentrating power in the hands of the president, reducing the role of parliament, and minimizing checks and balances. “Vague provisions prioritizing the ‘moral and ethical values and public conscience of the people of the Kyrgyz Republic’ could be used to restrict human rights, including freedom of expression. We urge the Government of Kyrgyzstan to ensure that the country’s independent media and civil society can exercise their human rights and fundamental freedoms without interference.” The new constitution was approved via referendum, although voter turnout was low at just over 30 percent. President Sadyr Japarov, who took office after being freed from prison during unrest that followed a popular revolt sparked by fraudulent parliamentary elections last October, promoted the constitution’s stronger presidential role. Prior to the referendum, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the Council of Europe’s Venice Commission jointly evaluated the draft constitution and concluded that the process adopting it did not follow the rule of law and took place with minimal public consultation or parliamentary debate, and that it raised “grave concerns over the lack of respect for the principles of the rule of law, separation of powers, and inherent lack of checks and balances.”
Cardin and Wicker on April 15 Sanctions Against RussiaFriday, April 16, 2021
WASHINGTON—In response to President Biden’s Executive Order on harmful foreign activities of the Russian government and subsequent Treasury sanctions designations, Helsinki Commission Chairman Sen. Ben Cardin (MD) and Sen. Roger Wicker (MS) issued the following statements: “The Biden administration is holding Russia to account for its malign activities in a direct and transparent manner,” said Chairman Cardin. “I applaud the president for taking bold action in response to Russia’s cyberattacks, election interference, its occupation of Crimea, the war it started in eastern Ukraine, and overall human rights abuses and weaponization of corruption. The president should continue to be frank with Russia about the consequences for their actions. We will need to stay the course and continue to use the Magnitsky Act and executive authority to further contain this dangerous regime.” “I welcome all efforts to hold Vladimir Putin accountable for his violence at home and abroad, but this package leaves much to be desired,” said Sen. Wicker. “Instead of the bold action needed to change the Kremlin’s behavior, yesterday’s sanctions represent the latest in a series of incremental steps that exact minimal costs and will have minimal effect. The longer we wait to impose real consequences for Moscow’s bad acts, the longer the Russian people will continue to suffer under Putin’s brutal authoritarian regime.” On April 15, Treasury sanctioned 16 individuals and entities that attempted to influence the 2020 U.S. presidential elections on behalf of the Government of Russia. Along with the European Union, United Kingdom, Canada, and Australia, Treasury also designated five people and three entities in connection with Russia’s occupation of Crimea and human rights abuses there. Under the authority of a new Executive Order issued by President Biden, Treasury implemented new restrictions on the purchase of Russian sovereign debt as well as targeted sanctions on technology companies engaged in malicious cyber activities against the United States.
Helsinki Commission Leaders Call on Belarusian Authorities to Release Journalists, Political PrisonersTuesday, April 13, 2021
WASHINGTON—In response to the ongoing crackdown on journalists and civil society in Belarus, including the detention of RFE/RL consultant Ihar Losik for almost 300 days on spurious charges, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “Despite Aleksandr Lukashenko’s attempt to intimidate Belarusians, the resounding call for freedom and democracy in Belarus has been heard around the world. Ihar Losik, Katsiaryna Barysevich, Dzianis Ivashyn, Katsiaryna Andreyeva, and Darya Chultsova are just a few of the brave Belarusian journalists who have been imprisoned for simply doing their jobs. “We stand in solidarity with the people of Belarus, and in admiration of the courageous journalists who provide critical information to their fellow citizens despite the serious risks they face. “We call on Mr. Lukashenko to release all political prisoners without exception, and to end the attacks against journalists, civil society, and all Belarusians peacefully exercising their rights.” Since the run-up to the fraudulent August 2020 election, and during the subsequent protests, Belarusian authorities have conducted a sweeping crackdown on journalists, civil society, and opposition politicians. Sen. Wicker immediately condemned the election results and violence against protestors in Belarus, and Rep. Alcee L. Hastings, then chairman of the Helsinki Commission, asked the U.S. administration to revoke access to the U.S. financial system for the nine largest state-owned companies in Belarus following the government’s violent suppression of peaceful protests. According to Belarusian human rights groups, there are now more than 350 political prisoners in the country. On March 31, the State Department announced that unless Belarus releases all political prisoners, the general license issued by the Treasury Department authorizing transactions with nine state-owned enterprises in Belarus will lapse in late April.
Helsinki Commission Leaders on Intelligence Report Outlining Foreign Attempts to Influence 2020 ElectionThursday, March 18, 2021
WASHINGTON—Following the release of a U.S. intelligence report outlining foreign efforts to influence the 2020 U.S. elections, including by the Kremlin, Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20), Rep. Joe Wilson (SC-02) and Sen. Ben Cardin (MD) issued the following statements: “The Kremlin wants to sow uncertainty, chaos, and disorder in the United States and uses weapons of influence and disinformation to strike when we are most divided and vulnerable,” said Rep. Hastings. “International election observers noted earlier reports of foreign actors engaged in disinformation campaigns designed to degrade public confidence in the U.S. electoral process. Although the 2020 elections were free and fair, we cannot be complacent. We must strengthen our society and institutions against further attacks on our sovereignty.” “The Kremlin’s mobilization of bots, trolls, and agents of influence to exploit pre-existing divisions in American society and further polarize discourse will not stop with our most recent elections,” said Rep. Wilson. “America’s best defense will continue to be informed citizens, continued vigilance from the U.S. intelligence community, and sanctions and other punishments on those who seek to undermine our institutions.” “Reports of the Kremlin’s efforts to influence our elections and undermine faith in our democracy are troubling,” said Sen. Cardin. “We must be vigilant against such threats, not only in the United States, but wherever Putin attempts to strike next. Working with allies around the globe to bolster our defenses against malign disinformation campaigns is vital to safeguard our foreign policy and security interests.” On March 16, the Office of the Director of National Intelligence released an unclassified version of a report assessing the scope of foreign threats to the 2020 U.S. elections. The intelligence community assessed that Russian president Vladimir Putin authorized “influence operations aimed at denigrating President Biden's candidacy and the Democratic Party, supporting former President Trump, undermining public confidence in the electoral process and exacerbating sociopolitical divisions in the United States.” The campaign, implemented by various Kremlin entities, focused on the use of proxies tied to Russian intelligence who peddled influence narratives in media and within the Trump administration. In September 2020, the Treasury Department imposed sanctions on one of the individuals mentioned in the report, Ukrainian parliamentarian Andriy Derkach. The report notes no attempts to interfere in technical aspects of the voting process.
The Ongoing Importance of the Work of the U.S. Helsinki CommissionTuesday, March 16, 2021
Madam Speaker, I rise today to discuss the work of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission and its continued importance in addressing challenges in our country and abroad. For over four decades, the Helsinki Commission has championed human rights, democracy, and comprehensive security across the 57 North American, European, and Central Asian countries that make up the region of the Organization for Security and Cooperation in Europe (OSCE). As Chair of the Helsinki Commission during the 116th Congress, I worked with my House and Senate colleagues to continue the Commission's longstanding efforts to monitor participating States compliance with the Helsinki Accords. The importance of election observation in our country and abroad, restorative justice, the safety of journalists, and the global impact of George Floyd's tragic death on racial justice efforts were just some of the issues the Commission addressed last Congress, in addition to our continued focus on Russia, Ukraine, the Balkans and continued democratic development in the region. As we continue our work of the 117th Congress, I invite you to review the report: "Retrospective On The 116th Congress'' at https://www.csce.gov/international-impact/retrospective-116th-congress and http://www.csce.gov/sites/helsinkicommission.house.gov/files/116th%20Congress%20Report%20Final.pdf. This report summarizes the Commission's activities, as well as recommendations critical for the continued promotion of democracy and U.S. national security. Madam Speaker, I look forward to continuing this critically important work during the 117th Congress.
U.S. Election Practices: An International PerspectiveTuesday, March 16, 2021
Madam Speaker, this chamber recently passed H.R. I, the "For the People Act,'' significant legislation making it easier for American citizens to vote in U.S. elections and improve transparency and accountability in our election process. The White House also recently announced a new executive order to assist this effort. These are positive developments that I welcome and support, but, as we all know, not everything regarding the conduct of elections can be done at the federal level. Unfortunately, many state legislatures are now undertaking efforts that would make it more difficult for eligible Americans to participate in the electoral process and vote. As Chair and in the leadership of the Helsinki Commission, I have supported the positive steps we are trying to take on this issue, yet I remain deeply concerned about those who want to move our country backward. Perhaps it would help our debate to look at the conduct of the 2020 U.S. elections from an international perspective, including the conduct of elections in conformity with international commitments first proposed and advocated by the United States more than 30 years ago. The United States has been one of five countries thus far where the OSCE Parliamentary Assembly has observed elections during the unprecedented challenges of the pandemic, and a German parliamentarian reported on its findings on February 26. He did not point fingers at us and accuse. He mentioned the positive as well as the negative. He is clearly a friend who cares, as most of the OSCE observers undoubtedly were. As a previous election observer in the OSCE region, I can also attest, that the code of conduct makes it is extremely unlikely that the OSCE election observation could be steered in support of any particular agenda other than better democracy. I therefore want to commend to my colleagues the full OSCE Final report "United States of America General Elections, 3 November 2020, ODIHR Limited Election Observation Mission," which can be found at https://www.osce.org/files/f/documents/7/7/477823_2.pdf. It offers an important perspective on our elections from persons who rightly care about the process, not the result. They have observed not only our elections since 2002 but elections in dozens of other countries on a regular basis. The issues raised in the report are the same issues we Americans debate here in Washington, in our state capitals and through the media. I take the conclusions and recommendations, including criticisms, in this election observation report seriously. It serves as a helpful guide on what next steps we should take to improve our electoral system. I believe our election officials and state legislators should read this report; indeed, I recommend it to any American who cares about his or her country. It is a broad snapshot of our entire, complex electoral system. Several of the priority recommendations in the report deal with voting rights and voter identification. Specifically, it says that "authorities should review existing measures to further reduce the number of unregistered voters, including addressing burdensome procedures and obstacles faced by disadvantaged groups.'' It also says that "states should make every effort to ensure that voter identification requirements are equally accessible to all voters.'' It also makes specific recommendations regarding specific groups of American citizens. We do not need to agree about every conclusion and recommendation in this report to take it seriously. It is a contribution to our debates from a unique perspective. Moreover, our acceptance of international observation serves a useful function in our foreign policy. OSCE election observation has encouraged practices giving voters a real choice in numerous other countries, many of which were once repressive, one-party communist states but are now our friends and even, in some cases, allies. The United States initiated this effort with the OSCE and contributes significantly to election observation missions elsewhere, providing the expertise that comes with our experience. If we are to encourage other governments to take this effort seriously and implement recommendations, we need to set the example ourselves. Unfortunately, several U.S. states greatly restrict or even prohibit international observation. This is something which must change as we prepare for mid-term elections in 2022 and general elections in 2024.
OSCE SHDM on Media Freedom and Gender Equality Features Expert Testimonies and First-Hand AccountsFriday, March 12, 2021
By Emma Derr & Michelle Ikelau Ngirbabul, Max Kampelman Fellows The OSCE’s first Supplementary Human Dimension Meeting of 2021, held virtually on March 8-9, focused on “Media Freedom and Gender Equality.” During the two-day meeting, OSCE participating States, OSCE institutions, international organizations, and members of civil society exchanged views and best practices on implementing commitments to media freedom and gender equality. OSCE Perspective In her opening remarks, OSCE Representative of Freedom of the Media Teresa Ribeiro told participants, “Freedom cannot be a privilege of some, while excluding others. Freedom can only be inclusive. Democracy, security, and sustainable progress all build on human rights – universal human rights.” Freedom of the media, freedom of expression, and gender equality are inextricably linked, and participants asserted that an inclusive, democratic, and accountable society cannot be achieved if women do not have equal opportunities, access, and safety. Journalists are frequent targets of violence and harassment, and women journalists bear the brunt of such attacks, which have increased in the last decade with the increased use of social media and other digital platforms. Online harassment and violence against women journalists were issues raised frequently during the two-day event as security concerns for the OSCE. In 2018, OSCE participating States committed to including a gendered perspective when considering the safety of journalists. The OSCE Representative on Freedom of the Media released a Safety of Female Journalists Online resource guide that outlines proposed actions for ten key stakeholder groups to address gender-based online attacks of journalists. “In Milan 2018, we all reiterated that independent media is essential to a free and open society, and that accountable systems of government are of particular importance in safeguarding human rights and fundamental freedoms,” said OSCE Chairperson-in-Office Ann Linde. “This was also the first time when we explicitly expressed our concern about the distinct risks faced by women journalists in relation to their work. Our commitments are strong, and it is our duty to implement what we have jointly agreed on.” The Statistics During the first session, Committee to Protect Journalists Advocacy Director Courtney Radsch reported that more than 1,200 journalists have been killed since 1995—80 percent of them women and minorities. A 2020 global survey by UNESCO found that 73 percent of women journalists reported experiencing online violence during their work, and 25 percent and 18 percent reported receiving threats of physical or sexual violence, respectively. Guy Berger, the Director for Freedom of Expression and Media Development of UNESCO, discussed this research and various case studies, which revealed that these attacks are a combination of abuse aimed at damaging journalists’ professional credibility. To demonstrate the rate at which the abuse can occur, Berger talked about the case of Maria Resa, a woman journalist in the Philippines, who at one point was receiving up to 90 harassing messages an hour on Facebook. According to Berger, the analysis of data collection and research shows that some of these attacks are highly orchestrated through coordinated behaviors, which larger internet and tech companies have the ability to stop. He commended the OSCE for its “SOFJO” (Safety of Female Journalists Online) report and encouraged representatives at the meeting “to make sure the report has legs and wings, because it is only as valuable as its distribution and discussion.” A Firsthand Account Jessikka Aro’s first-hand testimony was a centerpiece of the meeting, as it provided insight into the statistics. Aro, a journalist for Finland's public service broadcaster Yle, specializes in Russian information warfare and extremism, as well as documenting how online trolls influence opinions. After she investigated a troll factory in St. Petersburg, trolls began to aggressively target her online accounts. Her phone number and email address were published online, and she started to receive threatening messages—for example, voicemails of gunshots. Pro-Russia trolls called her a foreign agent and accused her of helping the United States and NATO. Much of the news about her originated on Russian fake news sites, but it also spread to Finnish news, with some articles receiving over 3 million views. Aro eventually was forced to flee Finland because a threat assessment by police determined that she likely would be physically assaulted based on online discussions about her. She said she has felt supported by Finnish government officials and the police; however, tech companies failed to respond to her complaints on their platforms. In her concluding remarks, Aro called for an end to impunity for these crimes and an increase in access to justice for journalists. She applauded conferences, such as the SHDM, that share awareness, encourage enforcement, and include voices of attacked journalists to increase understanding of what is at stake when the press goes unprotected.
Numerous international documents, including those adopted by the Organization for Security and Cooperation in Europe (OSCE), establish freedom of expression as a fundamental right. The right to free speech, however, is not absolute. Consistent with international law, certain kinds of speech, such as obscenity, may be prohibited or regulated. When governments restrict speech, however, those restrictions must be consistent with their international obligations and commitments; for example, the restrictions must be necessary in a democratic country and proscribed by law. Criminal defamation and “insult” laws are often defended as necessary to prevent alleged abuses of freedom of expression. They are not, however, consistent with OSCE norms and their use constitutes an infringement on the fundamental right to free speech.
Criminal Defamation Laws
All individuals, including public officials, have a legitimate right to protect their reputations if untruthful statements have been made about them. Untrue statements which damage a person’s reputation constitute defamation. Oral defamation is known as slander; defamation in writing or other permanent forms such as film is libel. In some instances, criminal codes make defamation of public officials, the nation, or government organs a discrete offense, as distinct from defamation of a person. Truthful statements – as well as unverifiable statements of opinion – are not legally actionable as defamation. Indeed, the European Court of Human Rights has held that public officials must tolerate a greater degree of criticism than private individuals: “The limits of acceptable criticism are accordingly wider as regards a politician as such than as regards a private individual. Unlike the latter, the former inevitably and knowingly lays himself open to close scrutiny of his every word and deed by both journalists and the public at large, and he must consequently display a greater degree of tolerance.” (Lingens v. Austria, Eur. Ct. H.R., 1986.)
Criminal defamation laws are those which establish criminal sanctions for defamation. Those sanctions may include imprisonment, fines, and prohibitions on writing. Individuals convicted of defamation in a criminal proceeding and sentenced to suspended prison terms may be subjected to the threat of immediate imprisonment if, for example, they violate an order not to publish. The existence of a criminal record may also have other social and legal consequences. In a criminal defamation case, state law enforcement agents (police and prosecutors) act, using taxpayer money, to investigate the alleged defamation and to act on behalf of the alleged victim. It is sometimes argued that criminal defamation laws are necessary to achieve the legitimate goal of providing the victims of defamation with redress. But general laws against libel and slander, embodied in civil codes, provide private persons as well as public officials the opportunity to seek redress, including damages, for alleged defamation. In such cases, the plaintiff and defendant stand in court as equals. Accordingly, specific criminal laws prohibiting defamation are unnecessary.
"Insult" laws make offending the "honor and dignity" of public officials (e.g., the President), government offices (e.g., the Constitutional Court), national institutions, and/or the “state” itself punishable. Unlike defamation laws, truth is not a defense to a charge of insult. Accordingly, insult laws are often used to punish the utterance of truthful statements, as well as opinions, satire, invective, and even humor. Although insult laws and criminal defamation laws both punish speech, significant differences exist between them. Defamation laws are intended to provide a remedy against false assertions of fact. Truthful statements, as well as opinion, are not actionable. The use of civil laws to punish defamation is permissible under international free speech norms. The use of criminal sanctions to punish defamation, however, chills free speech, is subject to abuse (through the use of state law enforcement agents), and is inconsistent with international norms. In contrast, recourse to any insult law, whether embodied in a civil or a criminal code, is inconsistent with international norms. Their Use Today
At one time, almost all OSCE countries had criminal defamation and insult laws. Over time, these laws have been repealed, invalidated by courts, or fallen into disuse in many OSCE participating States. Unfortunately, many criminal codes contained multiple articles punishing defamation and insult. Thus, even when parliaments and courts have acted, they have sometimes failed to remove all legal prohibitions against insult or all criminal sanctions for defamation. In communist countries and other anti-democratic regimes, such laws are often used to target political opponents of the government. Today, when insult and criminal defamation laws are used, they are most often used to punish mere criticism of government policies or public officials, to stifle political discussion, and to squelch news and discussion that governments would rather avoid. It is relatively rare for a private individual (someone who is not a public official, elected representative, or person of means and influence) to persuade law enforcement representatives to use the tax money of the public to protect their reputations. In some OSCE countries, such laws are still used to systematically punish political opponents of the regime. Even in countries where these laws have fallen into a long period of disuse, it is not unheard of for an overzealous prosecutor to revive them for seemingly political purposes. The International Context
Numerous non-governmental organizations have taken strong positions against criminal defamation and insult laws. These include Amnesty International; Article 19; the Committee to Protect Journalists; national Helsinki Committees such as the Bulgarian Helsinki Committee, Croatian Helsinki Committee, Greek Helsinki Committee, Romanian Helsinki Committee and Slovak Helsinki Committee; the International Helsinki Federation; The World Press Freedom Committee; Norwegian Forum for Freedom of Expression; national chapters of PEN; and Reporters Sans Frontières. Moreover, the UN Special Rapporteur on Freedom of Opinion and Expression, the OSCE Representative on Freedom of the Media, and the Organization of American States Special Rapporteur on Freedom of Expression issued a joint statement in February 2000 which included the following conclusions, based on relevant international norms:
- “Expression should not be criminalized unless it poses a clear risk of serious harm. . . . Examples of this are laws prohibiting the publication of false news and sedition laws. . . . These laws should be repealed.”
- “Criminal defamation laws should be abolished.”
- “Civil defamation laws should respect the following principles: public bodies should not be able to bring defamation actions; truth should always be available as a defense; politicians and public officials should have to tolerate a greater degree of criticism. . . .”
Finally, the United States Department of State regularly reports, in its annual Country Reports on Human Rights Practices, on cases where criminal defamation or insult laws have been used and, at OSCE meetings, regularly calls for the repeal of such laws. Recent Free Speech Cases in the Czech Republic
Although the Czech Constitutional Court and the Parliament acted (in 1994 and 1997, respectively) to reduce the number of articles in the penal code under which one may be convicted for speech offenses, there has been no discernable decrease over the past decade in the volume of cases threatened or actually brought under the remaining provisions of law which permit criminal prosecution for one’s speech.
The following summary, based on available reports, describes cases that were at some stage of investigation or legal proceeding during 2001:
- In December 2001, police asked that the parliamentary immunity of MP Ivan Langer be lifted in order to permit them to bring a charge against him of defaming businessman Peter Kovarcik.
- Czech Prime Minister Milos Zeman threatened in October 2001 to have criminal defamation charges brought against Peter Holub, editor of the political weekly Respekt, in an explicit effort to bankrupt the paper and force its closure. Zeman’s threats followed the paper’s reporting on corruption in the Czech Republic. Holub, in turn, accused Zeman of incitement to hatred of a group of people. This case has generated broad international condemnation.
- On October 23, 2001, Frantisek Zamencnik, former editor-in-chief of Nove Bruntalsko, was sentenced to sixteen months in prison for criminal defamation in connection with his remarks regarding Bruntal Mayor Petr Krejci, Social Democrat Deputy Jaroslav Palas, and Ludmila Navarova, editor of a rival newspaper. Zamencnik had been convicted of criminal defamation twice before, but in those cases he was sentenced to suspended prison terms. The World Association of Newspapers has protested his most recent conviction and sentence.
- On September 27, 2000, police charged Vratislav Sima, formerly an advisor to Prime Minister Milos Zeman, with criminal defamation in connection with his alleged role in an effort to discredit Social Democrat Chairwoman Petra Buzkova. Subsequently, Jiri Kubik and Sabina Slonkova, two journalists from Mlada fronta dnes, were charged with abetting a crime, a violation of article 166 of the penal code. (The underlying “crime” in this instance was Sima’s alleged defamation of Buzkova, a charge that in and of itself violated international norms.)
- In October 2000, President Havel pardoned the two journalists, although the journalists subsequently called for the case to go to trial in order to establish a legal precedent regarding the right of journalists to protect their sources. The investigation of the journalists therefore continued until March 2001, at which time investigators concluded that Kubik and Slonkova had not committed any crime. The criminal investigation of Sima was not dropped until June 2001.
- In September 2001, Minister of Interior Stanslav Gross announced that he would seek to prosecute Jan Kopal for anti-American statements. Kopal, a far right-wing political figure, reportedly said on September 15, “[a] country like the United States – which committed so much evil in the past, which essentially has been supporting international terrorism and participated in missions like Yugoslavia where innocent civilians were being murdered – does not deserve anything else but such an attack.” Kopal was charged with violating article 165 of the penal code (approving a criminal offense), punishable by one year in prison. (Interestingly, Gross had previously made remarks associating Kopal’s party with neo-Nazis and fascists, prompting Kopal to seek to have criminal charges brought against Gross in December 2000 for 1) defamation, 2) spreading false alarm, and 3) defamation of a nation, its language or a race or a group of inhabitants in the Republic because of their political conviction, religion or lack of religious faith.) Journalist Tomas Pecina, while stating that he disapproved of Kopal’s remarks, then asserted that he had to associate himself with Kopal’s remarks for the sake of defending Kopal’s right to free speech. On December 6, Pecina was arrested and also charged with approving a criminal offense. (Ironically, an opinion poll conducted in September suggested that a majority of those questioned believe that U.S. foreign policy was one of the causes of the September 11 terrorist attacks.2) At present, the charges against Kopal have reportedly been dropped, but the status of the charges against Pecina is unclear.
- In September 2001, David Pecha, editor of the far left-wing paper Nove Bruntalsko, was indicted for criminal defamation (as well as supporting a movement aimed at suppressing human rights or which promotes national, racial, class or religious hatred, and spreading false alarm). In August 2001, Ministry of Justice Spokesperson Iva Chaloupkova reported that, during the first six months of 2001, seven people were convicted of criminal defamation. Three were given suspended sentences, three were fined, and one received no punishment.
- In July 2001, two reporters from state-owned Czech Television reportedly sought to have criminal defamation charges brought against Vladimir Zelezny, Director of private television NOVA, in connection with Zelezny’s critical remarks about alleged Czech Television practices.
- In May 2001, police reported that they were investigating the possible defamation of former Foreign Minister Josef Zielenic by current Foreign Minister Jan Kavan and Prime Minister Milos Zeman. In the same month, journalist Tomas Pecina was fined for failing to respond to police summonses for interrogation in connection with his articles criticizing police behavior. Miroslav Stejskal, Deputy Director of the Municipal Police force in Prague district 1, has reportedly begun an investigation of Pecina for the same writings.
- On May 20 and August 24, 2001, Vilem Barak was interrogated on suspicion of having committed the crime of incitement not to fulfill, en masse, an important duty imposed by law (in this case, not to participate in the national census), in violation of article 164 of the penal code. Barak had disseminated leaflets warning that personal information gathered by the 2001 census would be insufficiently safeguarded and urging a boycott of the census.
- In January 1998, police in Olomouc arrested and handcuffed television NOVA journalist Zdenek Zukal in connection with his 1997 reporting on alleged corruption in that locality. Zukal was originally charged with criminal defamation under article 206 of the penal code. One day before a presidential amnesty – which would have covered this offense – the charges were reclassified under article 174 and Zukal was charged with falsely accusing another person of a crime with the intent to bring about criminal prosecution of another, an offense that carries a maximum three-year prison sentence or eight years if the court determines the offender has caused substantial damage. No further prosecutorial action was taken until December 1999, when the case was revived. The case was still at trial as of June 2001 and, at the close of 2001, still appears to be before the courts. Amnesty International and the Committee to Protect Journalists have both protested this case.
In the decade since the Velvet Revolution, official censorship has completely ceased and the Czech Republic has witnessed tremendous improvements with respect to freedom of expression. At the same time, some problem areas remain. Leading political figures, such as current Prime Minister Milos Zeman and Speaker of the Parliament Vaclav Klaus (a former Prime Minister) are often openly hostile toward the media. Some politicians resort to criminal defamation charges as a means of silencing their critics; at a minimum, cries of “libel!” and “slander!” are popular substitutes for policy debate.
Finally, there are struggles in Czech society with the issue of “extremist” speech (emanating from both the far-right and the far-left) and the question of what are the acceptable parameters of public discourse. With respect to criminal defamation cases, President Vaclav Havel has pardoned many of those convicted. In other instances, those convicted have been given suspended jail sentences. Because such cases do not result in people actually going to prison for their words, they do not generate as much international scrutiny as, for example, the case of Zamencnik.
Nevertheless, the threat of imprisonment, the cost associated with defending oneself in a criminal trial, and restrictions associated with a suspended sentence (e.g., having to report to a parole officer, the possibility of being prohibited to write or publish, the possibility of being sent to jail without a new trial in the event that conditions of the suspended sentence are not met) all serve to chill free speech and the public debate necessary for a vibrant democracy.
Criminal defamation charges, however, are not the only laws used to restrict speech in the Czech Republic. There are also a number of laws that are not, per se, contrary to international norms but which may be used in ways that are inconsistent with the Czech Republic’s international commitments to free speech. One such law is the prohibition against spreading false alarm (article 199). Laws which prohibit “spreading false alarm” are justified as necessary to punish, for example, someone who falsely yells “fire” in a crowded theater or makes false bomb threats over the phone, acts which potentially or actually create a danger to the public and/or public panic.
Such laws, however, are not intended to gag journalists, quash political debate, or silence those who question the safety of the Temelin nuclear power plant. (Article 199 was used as a basis to deport Greenpeace demonstrators in July 2000 and a German environmentalist in March 2001.) Other criminal laws subject to abuse are the prohibition of defamation of a nation, race or group of people (article 197), the prohibition of incitement to hatred of another nation or race (article 198) and the prohibition against supporting a movement aimed at suppressing human rights or promoting national, racial, class or religious hatred (article 260). Such laws are generally justified as necessary to protect the most vulnerable minorities, and those who support them often point to the Czech Republic’s unhappy experiences with fascism and communism.
In addition, those who support such laws sometimes argue they are useful if not necessary tools to address the criticism that the Czech Republic has failed to do enough to combat racially motivated violence against Roma and others. In some cases, however, it appears that these laws are being used in ways that are not compatible with international free speech norms. In November 2001, a prosecutor in the Breclav region charged Roman Catholic Priest Vojtech Protivinsky with defamation of a nation, race, or group of people. In this case, the “group of people” were members of the unreconstructed, hardline Communist Party of Bohemia and Moravia who were offended when Protivinsky actively called on people not to vote for them in upcoming elections. The case was cut short when President Havel pardoned Protivinsky.
In September 2001, David Pecha (case noted above) was charged with supporting a movement aimed at suppressing human rights, defamation and spreading false alarm. In June 2000, Michal Zitko, now 29, was charged with supporting a movement aimed at suppressing the rights and freedoms of citizens. His Prague-based publishing house, Otakar II, had issued a Czech-language edition of Mein Kampf. (Zitko had previously published the U.S. Declaration of Independence and U.S. Constitution.) He was convicted later that year but, in February 2001, a higher court sent the case back to a district court for reconsideration in light of several errors identified by the higher court. In November 2001, Zitko’s conviction was upheld, and he was sentenced to three years in prison, suspended for five years, fined two million crowns, and ordered to report to a probation officer twice a year to prove that he is leading an orderly life.
Zitko, who has portrayed himself as an easy scapegoat for the government’s failure to prevent embarrassments such as the erection of the ghetto wall in Usti nad Labem, is appealing the decision. Sources include: Amnesty International; Article 19; Britske listy; the Committee to Protect Journalists; Czech News Agency; East European Constitutional Review; Freedom in the World (reports published by Freedom House); Index on Censorship; Radio Free Europe/Radio Liberty; and U.S. State Department’s annual Country Reports on Human Rights Practices; World Press Freedom Committee. Relevant Czech Laws
News reports about persons charged with criminal defamation or “insulting” public officials, government offices or national institutions often do not cite the specific legal basis for the charges. In Czech Republic, the laws which appear to give rise to such charges include the following: Article 49 (1) (a) of the Simple Offenses Act provides that anyone who offends another person by insulting or exposing him or her to ridicule may be punished by a fine. Article 154(2) of the Penal Code prohibits gross insults or defamation of an organ of state administration in the exercise of its function or in connection with its function, punishable by up to one year in prison. Article 206 of the Penal Code prohibits the dissemination of false and discrediting information about another person, punishable by up to two years in prison. If the defamation occurs in the broadcast or print media, the punishment may increase to five years. In addition, someone convicted under this article may be banned from working as a journalist. Other Laws of Concern
The laws listed above are, on their face, inconsistent with international free speech norms. In contrast, the laws below are not, per se, in violation of international norms. Rather, they may be applied in a manner that unduly restricts free speech.
- Article 164 of the Penal Code prohibits incitement to commit a criminal act or not to fulfill, en masse, an important duty imposed by law, punishable by up to two years in prison.
- Article 165 of the Penal Code prohibits publicly approving of a crime or praising the perpetrator of a crime, punishable by up to one year in prison.
- Article 166 of the Penal Code prohibits assisting an offender with the intent of enabling the offender to escape prosecution or punishment, punishable by up to three years in prison.
- Article 174 of the Penal Code prohibits falsely accusing another person of a crime with the intent to bring about the criminal prosecution of that person. This crime is punishable by up to three years in prison or up to eight years of a court determines that the offender caused substantial damage.
- Article 197 of the Penal Code prohibits defamation of a nation, its language or a race or a group of inhabitants in the Republic because of their political conviction, religion or lack of religious faith, punishable by up to two years in prison or three years if committed with at least two other people.
- Article 198 of the Penal Code prohibits incitement to hatred of another nation or race or calls for the restriction of the rights and freedoms of other nationals or members of a particular race, punishable by up to two years in prison.
- Article 199 of the Penal Code prohibits intentionally causing the danger of serious agitation among a part of the population by spreading false, alarming information (sometimes translated as “scaremongering”), punishable by up to one year in prison. If the information is transmitted to the mass media, to the police or other state organ, the crime is punishable by up to three years in prison.
- Article 260 of the Penal Code prohibits supporting or propagating a movement aimed at suppressing human rights or which promotes national, racial, class or religious hatred, punishable by up to five years in prison. Punishment may be up to eight years in prison if the offender commits this act using the media, as a member of an organized group, or during a state defense emergency.
- Article 261 of the Penal Code prohibits publicly expressing support for a movement aimed at the suppressing human rights or which promotes national, racial, class or religious hatred, punishable by up to five years in prison.
- Article 261 (a) of the Penal Code prohibits publicly denying or approving or trying to justify Nazi genocide or other communist or Nazi crimes against humanity, punishable by up to three years in prison.
Note: After the dissolution of Czechoslovakia, the Czech Republic and Slovakia both inherited the former federation’s penal code. In the case of the Czech Republic, a new criminal law was adopted in 1993, retaining all the communist-era prohibitions on defamation. In 1994, the Czech Constitutional Court struck down those provisions of Article 102 which prohibited defamation of the parliament, the government, the constitutional court, and public officials. In 1997, Articles 102 (prohibiting defamation of the Republic) and 103 (prohibiting public defamation of the President) were repealed.
(1) In addition to the cases outlined here, news reports describe many other cases where prominent individuals are either the alleged victim or perpetrator of defamation, but the reports do not make clear whether the legal action was based on the civil code or criminal code.
(2) “Poll shows majority of Czechs blame US foreign policy for terror attacks,” Prague CT1 Television in Czech (September 22, 2001). Translation by Foreign Broadcast Information Service, September 23, 2001.