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in the news
U.S., EU Sanction Belarus in Coordinated Western Action
Friday, October 02, 2020Lukashenko government lashes out, saying no ‘self-respecting’ state would agree to demands posed by the West. The U.S. and European Union imposed sanctions against Belarus officials on Friday, part of a coordinated effort by Western allies to censure the authoritarian regime over accusations of political repression and rigging elections. The EU reached an early morning deal to advance a sanctions package against more than three dozen Belarusian individuals deemed responsible for suppressing protests and for election fraud. Hours later, the U.S. Treasury Department blacklisted eight senior figures in longtime President Alexander Lukashenko’s government or associated with his rule. Among those blacklisted were Interior Minister Yuriy Khadzymuratavich Kareau and top election commission officials. The EU’s action against Belarus, together with a joint statement reprimanding Turkey for drilling in waters claimed by Cyprus and Greece, was meant as a broader message of mounting concern that Europe’s eastern periphery, a region that once held hopes for a spread of democracy, is increasingly turning back to its authoritarian past. Divisions within the EU stymied an attempt to sanction Turkey during a summit this week, but officials said the bloc could approve punitive actions in the future. The EU was able to move forward with its Belarus sanctions package, originally promised in August, after Greece and Cyprus secured the statement calling for Turkey to halt its drilling. While the U.S. sanctioned Mr. Lukashenko in 2006, the EU declined for now to include the Belarussian leader himself in their action. Officials said the president, who previously was the subject of EU sanctions that were lifted in 2016, still could be targeted again later. The EU sanctions came into effect Friday afternoon. Mr Lukashenko’s interior minister was also one of the highest-profile names on the EU sanctions list. The Belarus foreign ministry condemned the sanctions and said the government also enacted its own sanctions list, which won’t be made public. It said it may also reconsider its participation in joint programs with the EU and could cut diplomatic ties if further EU sanctions are levied. “The sanctions were introduced as a punitive measure…for the fact that Belarus did not comply with a set of ultimatum requirements that no self-respecting sovereign state would satisfy,” the foreign ministry said in a statement. The statement didn’t address the specific allegations of election-rigging and violent political repression. The U.S. and EU sanctions follow the imposition of sanctions on Mr. Lukashenko and seven senior figures in his government by the U.K. and Canada on Tuesday, a sign of widening discontent in the West over ongoing repression of peaceful protests against his purported victory in a disputed election. Western officials have accused Mr. Lukashenko and his allies of multiple human rights violations in detaining and allegedly torturing protesters following the Aug. 9 vote, which Mr. Lukashenko’s opponents and Western governments say was rigged in his favor to extend his more than a quarter-century in power. The EU has called for a rerun of the presidential elections with international supervision. It has warned it could add additional sanctions if Mr. Lukashenko refuses to enter dialogue with the opposition. The U.S. sanctions targeted officials the Treasury Department said run government offices responsible for the political repression, human rights abuses and election fixing. Besides the top two Interior Ministry officials, the Treasury also blacklisted the two leaders of Interior’s Internal Troops, Yuriy Henadzievich Nazaranka and Khazalbek Bakhtsibekavich Atabekau. “The Belarusian people’s democratic aspirations to choose their own leaders and peacefully exercise their rights have been met with violence and oppression from Belarusian officials,” said Treasury Secretary Steven Mnuchin. The Trump administration declined for now to revoke a special license giving the nine largest state-owned companies in Belarus access to the U.S. financial system, as urged by the U.S. Commission on Security and Cooperation in Europe, a government body that advises administrations on sanctions. While the EU’s Belarus sanctions had broad support, the bloc has been deeply split over how to respond to Turkey’s increasingly frequent flexing of military muscle in the region, including its unilateral moves to explore and drill for energy resources in the eastern Mediterranean. Turkey says it has the right to seek energy resources in the region. With respect to Turkey, the EU leaders settled on diplomacy for now, issuing the joint statement but threatening sanctions if Ankara didn’t show willingness to improve ties. Western diplomats said tensions between Ankara and Athens this summer rose to levels not seen since the 1970s, when Turkey and Greece came close to a direct military conflict over Cyprus. Greece and Turkey are North Atlantic Treaty Organization members. However, Turkey has for now suspended its energy activities in waters claimed by Greece but not by Cyprus. Separately, Turkey and Greece reached an agreement Thursday, mediated by NATO, to take measures to avoid an air or naval clash in the eastern Mediterranean, including a hotline between the two countries. European diplomats have also grown alarmed by Turkish President Recep Tayyip Erdogan’s decision to send troops into Libya and Syria, its unconditional support for Azerbaijan in renewed fighting with Armenia and its acquisition of advanced weaponry from Russia. On Thursday, French President Emmanuel Macron said France had clear evidence that jihadist fighters were leaving Syria to go to fight in Nagorno-Karabakh via Turkey. Mr. Macron had earlier criticized Ankara for what he called its bellicose comments against Armenia over its conflict with Azerbaijan. —Ann Simmons in Moscow contributed to this article.
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statement
ONGOING TRANSATLANTIC ENGAGEMENT THROUGH THE OSCE PARLIAMENTARY ASSEMBLY
Thursday, September 24, 2020Mr. HUDSON. Madam Speaker, I rise today to highlight my recent efforts to engage with our allies across Europe to address the current political turmoil in Belarus and seek a way forward. On September 23, I joined a video call of the leadership of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE PA), where I serve as Chairman the Committee on Political Affairs and Security. Joining us for the discussion were the Head of the Belarusian delegation to the OSCE PA, Mr. Andrei Savinykh, and the leader of the Belarusian opposition and former presidential candidate, Ms. Svetlana Tikhanovskaya. Ms. Tikhanovskaya shared with us the long struggle of the people of Belarus for their rights under President Alexander Lukashenko's 26-year authoritarian rule. The fraudulent presidential election on August 9, in which Lukashenko claimed he ``won'' with over 80 percent of the vote, led thousands of Belarusians across the country to come out into the streets. They risk physical harm and imprisonment to demand free and fair elections and the release of political prisoners. Unfortunately, these individuals have been met with brute force from the authoritarian regime. They continue to injure and detain protestors, journalists, and even bystanders on a massive scale. Instances of torture in detention have been reported, and some have been killed. Lukashenko is clearly afraid for his political future. In another desperate move, he recently held an illegal, early "inauguration'' in an attempt to consolidate his illegitimate power. I strongly condemned Lukashenko's violent repression of Belarusians and express solidarity for their desire to choose their own leadership in a democratic and transparent manner and to exercise their fundamental freedoms without fear of violent repercussions or harassment. During our meeting, I noted two particular cases that we in the United States are watching closely. U.S. citizen Vitali Shkliarov, who was in Belarus visiting family, was unjustly detained in July and languishes in a Belarusian prison since the end of July. We are concerned for his welfare and I called for his release. I also mentioned that the Roman Catholic Archbishop of Minsk-Mogilev, Tadeusz Kondrusiewicz, has been denied re-entry to Belarus after a visit abroad, even though he is a citizen. He has openly criticized the government's use of violence against peaceful people, including the detention of priests and clergy, and we fear that this too is a political act on the part of Lukashenko and an infringement on religious freedom. The future of Belarus belongs to its people, and, as Secretary of State Mike Pompeo has emphasized, this path should be ``free from external intervention.'' Indeed, my colleagues in the OSCE Parliamentary Assembly understand that it is not our place to choose the leadership of Belarus, but to use the unique role of the OSCE Parliamentary Assembly as a representative body to foster authentic dialogue, prevent and resolve conflict, and hold each other accountable. As an OSCE participating State, Belarus has an obligation to abide by the provisions of the Helsinki Final Act, including those on human rights and fundamental freedoms. I am pleased that 17 participating States of the OSCE, including the United States, have invoked the Moscow Mechanism, which will establish a mission of independent experts to look into the particularly serious threats to the fulfillment of human rights commitments in Belarus. The report that the mission issues will hopefully offer us greater insight into the situation in Belarus and recommendations for future actions. It is a privilege, through the U.S. Helsinki Commission, to represent the United States Congress in the Parliamentary Assembly of the OSCE. The Parliamentary Assembly provides Members of Congress with a unique, bipartisan opportunity to work with our friends and allies to help resolve pressing global issues while promoting our shared values. Because the Parliamentary Assembly includes representatives of Belarus and our European allies, it is uniquely suited to address the human rights and security implications of the moment in Belarus. Madam Speaker, please join me today in calling for an end to violence and mass detentions in Belarus and recognizing the importance of continued Congressional engagement with the Parliamentary Assembly of the OSCE.
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article
Editorial Independence Critical for U.S. International Broadcasting
Friday, September 18, 2020By Jordan Warlick, Policy Advisor Access to accurate, unbiased information is imperative for a functioning democracy. Citizens need access to credible news in order to make informed decisions about the future of their nation. According to the most recent U.S. National Security Strategy, “an informed and engaged citizenry is the fundamental requirement for a free and resilient nation. For generations, [U.S.] society has protected free press, free speech, and free thought.” As part of its commitment to press freedom worldwide, the United States supports the development of local independent media in countries where government-controlled media dominates the information landscape. It also brings independent media to these information-starved spots through specific services—like Voice of America, Radio Free Europe/Radio Liberty, and others—under the aegis of the U.S. Agency for Global Media (USAGM). The mission of USAGM, which oversees the Voice of America, Radio Free Europe/Radio Liberty, Radio Free Asia, Middle East Broadcasting Networks, and the Office of Cuba Broadcasting, is vital to the U.S. national interest: “to inform, engage and connect people around the world in support of freedom and democracy.” USAGM networks reach more than 350 million people across the globe, many of whom otherwise would not have access to independent, unbiased news. Because providing access to credible media is a more effective tool of diplomacy than attempting to push U.S. propaganda overseas, USAGM and the media organizations it oversees are deliberately, legally structured against acting like a propaganda mouthpiece for the U.S. government. The credibility and reliability of Voice of America and other USAGM networks hinge on a statutory firewall that protects them from political interference and has been in place since President Gerald Ford signed Voice of America’s charter in 1976. More than 40 years of bipartisan support for USAGM has been critical to its success. In 1994 President Bill Clinton signed the International Broadcasting Act, which established the Broadcasting Board of Governors (BBG)—now USAGM—to oversee Voice of America and its sister networks. The legislation specifically mandated that broadcasting overseen by the BBG must “be conducted in accordance with the highest professional standards of broadcast journalism.” It also required that the Director of BBG to “respect the professional independence and integrity” of the U.S. international broadcasting services it oversees. When the BBG became the U.S. Agency for Global Media in 2017, USAGM retained the same statutory commitments to protecting the independence of its networks, including that the Chief Executive Officer of USAGM must “respect the independence and integrity” of the broadcasting services. Voice of America’s mission today—“producing accurate, balanced and comprehensive reporting, programming, online and social media content for a global audience, particularly to those who are denied access to open and free media”—would not be possible without this political firewall. Like any other privately owned media outlet, these networks must remain free to produce independent reporting, including that which is critical of U.S. government policies. Unlike many other state-controlled international media outlets, including Russia’s RT and Sputnik or China’s CCTV, USAGM networks have a storied history of bringing credible, reliable news to audiences behind the Iron Curtain, the Great Firewall of China, and beyond. It would be particularly damaging if the United States was perceived to be attempting to tear down the legal firewall protecting Voice of America, Radio Free Europe/Radio Liberty, and the other international broadcasters from political interference.
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press release
Albanian Prime Minister Edi Rama to Appear at Helsinki Commission Hearing
Wednesday, September 09, 2020WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: ALBANIA’S CHAIRMANSHIP OF THE OSCE Responding to the Multiple Challenges of 2020 Thursday, September 17, 2020 1:00 p.m. Watch Live: www.youtube.com/HelsinkiCommission In 2020, Albania holds the chairmanship of the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—with a multi-dimensional mandate and a 57-country membership stretching from North America, across Europe, and to Central Asia and Mongolia. This year, the OSCE has faced the unprecedented challenge of a global pandemic and the clear urgency of action against racism, while maintaining its necessary focus on other longtime concerns often impacted by these developments. These concerns include Russia’s continued aggression in Ukraine and threats to other nearby or neighboring countries; protracted conflicts in Transnistria, Georgia, and Nagorno-Karabakh; and political leaders in Belarus as well as in Russia, Azerbaijan, Turkey, and other OSCE countries seeking to undermine democratic institutions and stifle dissent in every sector. Many countries are struggling—or failing—to live up to their OSCE commitments in the areas of human rights, democracy, and the rule of law. Vulnerable communities, including migrants, are targets of discrimination and violence. Uncertainties in the Western Balkans and Central Asia remain. The recent decision of some countries to block reappointments of senior officers at key OSCE institutions undermines the organization at a time when effective contributions to security and cooperation across the region are so deeply needed. The Helsinki Commission regularly holds a hearing allowing the annually rotating OSCE chairmanship to present its priorities for the year and to exchange views on current issues. Albanian Prime Minister Edi Rama, who holds his country’s foreign affairs portfolio, will appear at this hearing to discuss the performance of the OSCE thus far in 2020 and to share his views in advance of the OSCE Ministerial Council meeting scheduled for early December.
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press release
Helsinki Commission Demands Answers on Failure of USAGM to Renew J-1 Visas for Voice of America Journalists
Thursday, September 03, 2020WASHINGTON—In a letter to U.S. Agency for Global Media (USAGM) CEO Michael Pack released today, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20), Ranking Member Sen. Ben Cardin (MD), and Helsinki Commissioners Sen. Jeanne Shaheen (NH), Rep. Emanuel Cleaver (MO-05), Rep. Steve Cohen (TN-09), and Rep. Marc Veasey (TX-33) demanded that the organization provide a detailed explanation for its failure to renew J-1 visas for many foreign Voice of America (VOA) journalists. The letter reads in part: “Many of these individuals and their families will be forced to return to countries, including China and Russia, where journalists are regularly targeted and silenced for their reporting. For journalists who have carried out the VOA mission of ‘producing accurate, balanced and comprehensive reporting, programming, online and social media content for a global audience, particularly to those who are denied access to open and free media,’ the personal risk may be even greater… “Congress still has not been informed about the specifics of USAGM’s new policy and for what reason the routine J-1 visa renewal process for these individuals has been stalled. We request a briefing on this policy within the next 30 days. Additionally, we ask that you put into place a policy outlining USAGM’s steps to protect the personal security of VOA journalists working under its auspices." The full text of the letter can be found below: Dear Mr. Pack, We write to express our deep concern regarding J-1 visa renewals for foreign Voice of America (VOA) journalists. Failure to renew their visas has resulted in urgent departures from the United States for these journalists back to their countries of origin. As a result, many of these individuals and their families will be forced to return to countries, including China and Russia, where journalists are regularly targeted and silenced for their reporting. For journalists who have carried out the VOA mission of “producing accurate, balanced and comprehensive reporting, programming, online and social media content for a global audience, particularly to those who are denied access to open and free media,” the personal risk may be even greater. It further is concerning that these VOA reporters were not informed directly of this change to USAGM policy or given any notice on the renewal status of their J-1 visas. These journalists have worked tirelessly to serve freedom-loving people worldwide—even in some cases risking the distrust of their own governments—and should be treated with basic decency and dignity by USAGM leadership. Instead, they face fear and uncertainty regarding their own livelihoods and the future of their families. The journalists in question do the important work of providing unbiased news and information to the most closed-off corners of the world. They play a pivotal role at Voice of America because of their critical language skills and connections within the countries they cover. We urge you to answer questions from the Congress on this matter immediately. The Congress still has not been informed about the specifics of USAGM’s new policy and for what reason the routine J-1 visa renewal process for these individuals has been stalled. We request a briefing on this policy within the next 30 days. Additionally, we ask that you put into place a policy outlining USAGM’s steps to protect the personal security of VOA journalists working under its auspices. Sincerely,
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press release
Chairman Hastings Asks Treasury Secretary to Revoke Access to U.S. Financial System for Largest State-Owned Companies in Belarus
Thursday, August 13, 2020WASHINGTON—In a letter to Treasury Secretary Steven Mnuchin released today, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) asked the U.S. administration to revoke access to the U.S. financial system for the nine largest state-owned companies in Belarus. The letter, which follows the violent suppression of peaceful protests in Belarus after the country’s fraudulent presidential election on August 9, reads in part: “As President Alexander Lukashenko violently suppresses peaceful protests in the Belarus and flouts international election commitments, it is unacceptable for the United States to be doing business with this brutal regime… “Executive Order 13405—Blocking Property of Certain Persons Undermining Democratic Processes or Institutions in Belarus—was originally issued in June 16, 2006 in reaction to [Belarus’] March 2006 elections and subsequent repression of protests. It targets the human rights abuses that have sadly become characteristic of the Lukashenko regime and which he is committing now more aggressively than ever as he attempts to squash fair political competition. There has never been a more appropriate time to fully implement this Executive Order and consider expanding its principle objectives with additional executive action.” During the March 2006 presidential election in Belarus, Chairman Hastings led the OSCE’s short-term international election observation mission of more than 500 observers; its report noted that the “arbitrary use of state power and widespread detentions showed a disregard for the basic rights of freedom of assembly, association and expression, and raise doubts regarding the authorities' willingness to tolerate political competition.” The full text of the letter can be found below: Dear Mr. Secretary, I request that you revoke General License No. 2G with respect to Executive Order 13405, which authorizes access to the U.S. financial system for the nine largest state-owned companies in Belarus. As President Alexander Lukashenko violently suppresses peaceful protests in the Belarus and flouts international election commitments, it is unacceptable for the United States to be doing business with this brutal regime. For the March 2006 presidential election in Belarus, I served as Special Coordinator of the Organization for Security and Cooperation in Europe (OSCE) Chair-in-Office, where I led the international election observation mission of more than 500 observers and declared that those elections were not free and fair. At that time, President Lukashenko failed to live up to international commitments by arbitrarily preventing 19 international observers from joining the mission, enforcing a pattern of intimidation against voters and opposition candidates, as well as manipulating state media. I am sad to see that nothing has changed in more than a decade and the reach of President Lukashenko’s regime has consequently done even more irreparable damage to the Belarusian people. Ahead of Belarus’ presidential election on August 9, Lukashenko, who has been in power for 26 years, has once again authorized crackdowns on opposition protestors, journalists, and civil society activists. Over 1,300 people were arbitrarily detained in the course of the campaign. Still more are being detained in protests following the election. The president disqualified or jailed his top three competitors, hoping to ensure victory. Belarus also failed to extend a timely invitation to international observers, preventing impartial monitors from the OSCE from observing the election process, which increases the likelihood of large-scale fraud. Lukashenko underestimated, however, how much the public would rally around the wife of an intended presidential candidate who was unjustly imprisoned. As an opposition candidate and everyday citizen concerned for the future of Belarus, Svetlana Tikhanovskaya has mobilized thousands across Belarus to demand change in their country, starting with free and fair elections. Tikhanovskaya and her family are now safely in refuge under the protection of the Lithuanian government for fear of what might become of them now that the fraudulent election results have been announced. Executive Order 13405—Blocking Property of Certain Persons Undermining Democratic Processes or Institutions in Belarus—was originally issued in June 16, 2006 in reaction to the aforementioned March 2006 elections and subsequent repression of protests. It targets the human rights abuses that have sadly become characteristic of the Lukashenko regime and which he is committing now more aggressively than ever as he attempts to squash fair political competition. There has never been a more appropriate time to fully implement this Executive Order and consider expanding its principle objectives with additional executive action. The people of Belarus have demonstrated through these protests their deep desire for democracy and their refusal to be silenced. It is incumbent upon us to stand with them. At the very least, this means that we should not be inadvertently providing support to the Lukashenko regime by allowing its state-owned companies access to our financial system. Sincerely, Alcee L. Hastings Chairman
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in the news
The OSCE: A Bulwark Against Authoritarianism
Thursday, August 13, 2020As we mark the 45th anniversary of the 1975 signing of the Helsinki Final Act, the founding document of today’s Organization for Security and Cooperation in Europe (OSCE), the ideals of democracy that had been advanced by that pact—freedom of speech, freedom of religion, and civil liberties—are under threat. In 1975, Soviet totalitarianism was the great threat to human rights and fundamental freedoms; today, authoritarianism poses a growing threat to human dignity and rights in the region. Authoritarianism is a fact of life in much of Eurasia, a reflection of the actual worldwide tension between countries defending universal human rights obligations and countries attempting to undermine trust in democratic institutions and promote an authoritarian model. This is true not only in repressive nations like Russia; even among some U.S. partner countries, there are warning signs. Some nations have also taken it upon themselves to block vital leadership roles in international institutions during a global pandemic unlike anything we have seen in a century. The ultimate outcome of this conflict is up to us. Liberty and human rights will prevail, but only if freedom-loving people everywhere join together to defend and preserve human rights and fundamental freedoms for all. Many international institutions dedicated to freedom and human rights were founded with U.S. support in the wake of World War II, in which more than a million U.S. citizens were either killed or wounded and trillions of dollars spent on the effort to defeat fascism. Democratic ideals are ingrained in the founding charters that established those organizations. For nearly 75 years, such institutions have consistently served as a bulwark against totalitarianism, communism, terrorism, and other forms of tyranny; limited conflict among nations; helped raise millions out of poverty; and spread democratic values throughout the world. The OSCE grew out of the Helsinki Final Act, a 1975 political agreement among the United States, Canada, the Soviet Union, and other European nations. Signed by both democratic and communist regimes, the Final Act acknowledged openly that respect for human rights within states is crucial to security among states, and that human rights concerns could legitimately be raised among signatories. Today, the OSCE is the world’s largest regional security organization, encompassing 57 countries in Europe, as well as the United States and Canada. It includes Russia, Ukraine, and many other successors of the former Soviet Union, reaching as far east as Central Asia and Mongolia, and north beyond the Arctic Circle. The phrase “Vancouver to Vladivostok” accurately describes the organization’s reach. With its “comprehensive concept of security,” the OSCE addresses military security, economic and environmental cooperation, and human rights and takes steps to prevent, manage, and resolve conflict within and among its members. The OSCE also supports the democratic development of nations that gained or regained independence in the post-Cold War period and are still finding their footing, often torn between corruption and the promise of a democratic future. Thirteen OSCE field missions operate in member countries seeking assistance in developing their democratic institutions. The OSCE recognizes and supports the important role played by civil society and the media in holding governments to account for blatant human rights violations and abuses of power. Unprecedented Gap in OSCE Leadership OSCE institutions—including its assembly of national legislators—foster an essential defense against the spread of authoritarianism. However, despite its comprehensive vision, we are now faced with an unprecedented gap in leadership at the OSCE due to the block on the extension of mandates for four senior leaders, including the Secretary General. Each week, the OSCE Permanent Council—comprising ambassadors to the OSCE from each participating State—meets in Vienna, Austria. In this forum, the United States seeks to shine a light on contraventions of States’ OSCE tenets and violations of international law. The OSCE independent institutions, like the field missions, carry those messages forward. In addition to the organization’s other work defending human rights and fundamental freedoms, its Office for Democratic Institutions and Human Rights (ODIHR) manages the OSCE’s election observation missions, internationally recognized as the “gold standard” for their methodology. Other independent offices lead the OSCE’s work on Freedom of the Media and rights of national minorities. Unfortunately, in July, these vital institutions were deprived of strong and consistent leadership by countries—including Azerbaijan, Tajikistan, and Turkey—that seem intent on attempting to weaken the OSCE’s ability to hold countries accountable for their actions and undermining the principles of the Helsinki Final Act. The executive and legislative branches of the U.S. government are partners in bringing American leadership to support the OSCE’s work. Several times each year, members of Congress—including lawmakers serving on the U.S. Helsinki Commission, which monitors implementation of the Helsinki Accords —gather at meetings of the OSCE Parliamentary Assembly, where they secure political commitments and build mutually beneficial relationships among legislators from the OSCE’s participating States to help push back against anti-democratic actions by national governments. Unfortunately, several OSCE participating States—countries that have repeatedly committed to upholding the principles and values enshrined in the Helsinki Final Act— are exhibiting a troubling slide toward authoritarianism. The United States and our democratic allies have criticized efforts to restrict and persecute journalists, human rights defenders, civil society, members of the political opposition, and members of ethnic and religious minorities. We also have jointly criticized efforts to stifle media freedom and limit political pluralism in Russia, Belarus, Azerbaijan, Tajikistan, and Turkmenistan, as well as raised concerns about media consolidation in Hungary, and limitations on freedom of speech and freedom of the press elsewhere. Russia’s Destabilizing Actions No OSCE participating State bears more responsibility for fomenting mistrust, insecurity, corruption, and human rights violations and abuses in this region than the Russian Federation. Russia’s destabilizing actions contravene all 10 Helsinki Final Act principles, ranging from respect for human rights to the prohibition of military incursions into neighboring countries. Russia continues its aggressive actions in Ukraine, including its purported annexation of Crimea. The proxy forces Russia arms, trains, leads, and fights alongside in eastern Ukraine make it dangerous for the unarmed OSCE Special Monitoring Mission to Ukraine to fulfill its Permanent Council-approved mandate to monitor the conflict. Russia uses its resources—economic, political, informational, and military—to defeat freedom and democracy. Russia does not rely on military force alone to threaten democratic governance; it also uses hybrid tactics daily, ranging from cyber intrusions to influence campaigns — aimed at undermining democratic elections. We hope that someday, authoritarian countries like Russia will start behaving again according to the rules of international law. Unfortunately, these countries currently reject the values of democracy, liberty, and human rights. The authoritarian regimes view democracy as an existential threat—hence the actions some of them have taken to restrict the OSCE’s ability to do its work. The struggle today is between those who believe authoritarianism is the right way forward and those of us who still believe that Thomas Jefferson was right in his declaration that the desire for freedom exists within the heart of every human being. In a hyper-connected modern world in which disinformation becomes an ever more powerful weapon and the divisions within free societies are exploited by malign actors, U.S. membership in organizations like the OSCE emphasizes clearly, openly, and emphatically that America will not cede the field to the authoritarian regimes. We will not allow them to be the ones to dictate what is truth and what is fiction. Human Rights and Ideals Just as Valid in 2020 Through the OSCE, the United States directly confronts the deceit of Russia and other authoritarian powers. By raising our voices, through our participation and leadership, we reassure our friends that the United States stands with them and supports our shared values against the growing tide of autocracy. By raising our voices, we remind allies and adversaries alike that the United States remains engaged and committed to what is fair, what is right, and what is true. Together, our U.S. Mission to the OSCE and the U.S. Helsinki Commission remind allies and adversaries alike that America will not ignore regimes that are actively hostile to our values and see our liberty as an existential threat. We will always prioritize respect for human rights and fundamental freedoms, defend the principles of liberty, and encourage tolerance within societies, because such efforts are vital to the promotion of democracy and to U.S. national security. We reject the authoritarian notion that our fundamental freedoms are a weakness. They are our greatest strength. The United States and other like-minded countries use the power of the OSCE to show that human rights and ideals are just as valid in 2020 as they were in 1975, when the Helsinki Accords were signed. These rights not only ensure the physical, economic, and mental wellbeing of all our populations, they make the countries’ governments stronger by building legitimacy in the eyes of their citizens. America’s unwavering support of these values through multilateral organizations like the OSCE remains vital. As noted in the Trump administration’s U.S. National Security Strategy, “Authoritarian actors have long recognized the power of multilateral bodies and have used them to advance their interests and limit the freedom of their own citizens. If the United States cedes leadership of these bodies to adversaries, opportunities to shape developments that are positive for the United States will be lost.” The OSCE deserves to be recognized by the people of both the United States and our allies and partners as a valuable tool in the fight against autocracy. We must not abandon it by leaving its most important institutions without leadership beyond its 45th anniversary. Instead, through our efforts, and those of our allies and partners in the OSCE, we must continue to defend liberty and human rights in our region and provide a beacon of hope for citizens everywhere who aspire to a free and democratic future.
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press release
Co-Chairman Wicker Condemns Fraudulent Election Results, Violence Against Protesters In Belarus
Tuesday, August 11, 2020WASHINGTON—Following the August 9 presidential election in Belarus and ongoing violence against protesters across the country, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “From the earliest stages of campaigning, Alexander Lukashenko has ruthlessly suppressed his political opponents, independent media, and ordinary citizens advocating for change. This electoral 'victory' was accomplished through blatant manipulation and fraud, as well as threats and violence. The United States stands with the people of Belarus, who have a right to make free choices about their country’s future and to protest peacefully.” In June and July 2020, longtime president of Belarus Alexander Lukashenko eliminated his main political competition through disqualification or imprisonment. Numerous protestors, supporters of opposition candidates, and journalists were arrested in the lead-up to the election. Belarus’ Central Election Commission stated on August 9 that more than 80 percent of voters voted for Lukashenko, with opposition candidate Svetlana Tsikhanovskaya, who drew unprecedented crowds to her rallies, receiving about 10 percent of the vote. Experts consider these numbers to be highly inaccurate. Following the election, protests across Belarus have been marked by mobile internet shutdowns, police violence, and mass arrests. According to international observers, Belarus has not had free and fair national elections since Lukashenko was first elected president in 1994.
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hearing
Human Rights at Home: Media, Politics, and Safety of Journalists
Thursday, July 23, 2020According to the U.S. Press Freedom Tracker, there have been nearly 500 reported press freedom violations since the beginning of the Black Lives Matter protests in the United States on May 26. In many cases, reporters have been injured, harassed, or arrested even after explicitly identifying themselves as members of the press. In addition, leadership changes at the U.S. Agency for Global Media, which oversees networks like Voice of America and Radio Free Europe/Radio Liberty that provide credible, unbiased information to audiences around the world, have generated concern about the ability of the agency to carry out its mission and host international journalists. On July 23, 2020, the Helsinki Commission held a hearing on “Human Rights at Home: Media, Politics, and the Safety of Journalists,” to assess the state of media freedom and the safety of journalists in the United States today. The online hearing was held in compliance with H.Res.965, which provides for official remote proceedings during the COVID-19 pandemic. Witnesses included Christiane Amanpour, Chief International Anchor at CNN-PBS and UNESCO’s Goodwill Ambassador for Freedom of Expression and Journalist Safety; David Kaye, UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression and Clinical Professor of Law at University of California, Irvine; and Dr. Courtney Radsch, Advocacy Director for the Committee to Protect Journalists (CPJ). Commissioner Rep. Steve Cohen (TN-09), who chaired the hearing, said in his opening statement, “Freedom of the press is not only enshrined in the U.S. Constitution, but a founding commitment to the international organizations that the United States has led to shape like the OSCE and the United Nations. The Helsinki Commission is mandated to monitor compliance with human rights and democracy commitments across 57-nation region of the OSCE, including the United States itself. As a country and a Congress, we should hold the United States to the highest standard for compliance with international press freedom commitments.” Helsinki Commissioners Sen. Sheldon Whitehouse (RI) and Rep. Marc Veasey (TX-33) joined the proceedings, along with Rep. Sheila Jackson Lee (TX-18), a member of the U.S. delegation to the OSCE Parliamentary Assembly. Christiane Amanpour spoke from her personal experience as a journalist, saying, “I have seen the difference between truth and lies and what it means. It means the difference between democracy and dictatorship.” Ms. Amanpour referenced arrests of journalists across the country during the protests, including the arrest of her CNN colleagues, Omar Jimenez and other crew members, in Minneapolis. Ms. Amanpour urged Helsinki Commissioners to “listen closely to civil society organizations that are monitoring and tracking violations in the United States and providing clear policy recommendations.” David Kaye testified that from his assessment, “law enforcement at the federal, state, and local levels have repeatedly interfered with the rights of the press.” He highlighted the obligation of police to avoid use of force, the responsibility of public officials to enforce protections of the press, the necessity of demilitarizing law enforcement. On the subject of the recent dismissals by CEO Michael Pack at the U.S. Agency for Global Media (USAGM), Mr. Kaye said that it was difficult to see it as anything other than “an attempt to undermine the independence of these agencies and to bring them under political influence.” Mr. Kaye also discussed the threats to media worldwide during the COVID-19 pandemic, including intimidation of and attacks on journalists, restrictions of space for reporting, lack of access for foreign reporters, and arbitrary detentions. He concluded by recommending that the United States “return to the institutions of global human rights, such as the Human Rights Council, and as part of that reconsider its historic resistance to global monitoring of U.S. human rights behavior.” In her testimony, Courtney Radsch emphasized the sheer scale of violence against journalists since the beginning of the nationwide protests, which she described as “unparalleled.” Referring to a recent Committee to Protect Journalist’s report on the current Trump administration and press freedom, Dr. Radsch said that CPJ found that the administration has “regularly attacked the role of an independent press, stepped up prosecution of news sources, interfered in the business of media owners, and empowered foreign leaders to restrict their own media.” Dr. Radsch also commented on recent reports that the U.S. Agency for Global Media may restrict visas for foreign journalists working for USAGM in the United States. She warned that “if they lose their visas, repatriated journalists could face retribution for their critical reporting.” While commending the commission for holding a hearing on this subject, Dr. Radsch said that more needs to be done. CPJ’s recommendations include for officials at all levels of government to provide data about the recent incidents of anti-press violence, to investigate any reported attacks, and to hold perpetrators to account. Related Information Witness Biographies Hearing: Human Rights at Home: Implications for U.S. Leadership Hastings: To Promote Human Rights Abroad, We Must Fiercely Protect Them at Home OSCE Media Freedom Representative concerned about violence against journalists covering protests in USA, calls for protection of journalists Statement for the Record: Reporters without Borders
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press release
Christiane Amanpour to Testify at Helsinki Commission Hearing on Press Freedom in the United States
Thursday, July 16, 2020WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: HUMAN RIGHTS AT HOME Media, Politics, and Safety of Journalists Thursday, July 23, 2020 11:00 a.m. Watch Live: www.youtube.com/HelsinkiCommission According to the U.S. Press Freedom Tracker, there have been nearly 500 reported press freedom violations since the beginning of the Black Lives Matter protests in the United States on May 26. In many cases, reporters have been injured, harassed, or arrested even after explicitly identifying themselves as members of the press. In addition, leadership changes at the U.S. Agency for Global Media, which oversees networks like Voice of America and Radio Free Europe/Radio Liberty that provide credible, unbiased information to audiences around the world, have generated concern about the ability of the agency to carry out its mission and host international journalists. Building on the recent Helsinki Commission hearing, “Human Rights at Home: Implications for U.S. Leadership,” this online hearing will specifically assess media freedom and the safety of journalists in the United States today. During the hearing, witnesses will discuss the recent troubling trend of violence against journalists, review implementation of international press freedom commitments undertaken by the United States, and assess the resulting implications for U.S. leadership in human rights. Witnesses scheduled to participate include: Christiane Amanpour, Chief International Anchor, CNN-PBS; Goodwill Ambassador for Freedom of Expression and Journalist Safety, UNESCO David Kaye, Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, United Nations; Clinical Professor of Law, University of California – Irvine Dr. Courtney C. Radsch, Advocacy Director, Committee to Protect Journalists Witnesses may be added.
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press release
Hastings: Petty Parochialism Denies OSCE Vital Leadership During Global Crisis
Tuesday, July 14, 2020WASHINGTON—Following yesterday’s failure of OSCE representatives to renew the mandates of four leadership positions—the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the Office for Democratic Institutions and Human Rights—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “We are in trouble when petty parochialism denies us vital leadership in the midst of a global crisis. Now more than ever, reliable multilateral institutions are needed to forge solutions during and after the current pandemic. “Azerbaijan, Tajikistan, Turkey, and other OSCE participating States who have blocked consensus on extending dedicated public servants should be ashamed of themselves. History will show the folly of abandoning essential leadership for cooperation.” Negotiations to renew each mandate collapsed in part in response to the written objections of Azerbaijan, Tajikistan, and Turkey, and the subsequent withholding of consensus by other participating States. Even efforts to devise interim extensions failed, leaving vital OSCE leadership positions vacant during an unprecedented global crisis. The failure highlights the unwillingness of some OSCE participating States to live up to their stated commitments to democratic institutions, the rule of law, media pluralism, and free and fair elections. Leaving key leadership roles unfilled drastically weakens the OSCE’s ability to hold countries accountable for their actions and undermines the principles of the Helsinki Final Act. The Organization for Security and Cooperation in Europe (OSCE) is the world’s largest regional security organization. It spans 57 participating States reaching from Vancouver to Vladivostok. The OSCE sets standards in fields including military security, economic and environmental cooperation, and human rights and humanitarian concerns. In addition, the OSCE undertakes a variety of initiatives designed to prevent, manage, and resolve conflict within and among the participating States.
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press release
Wicker and Cardin Commend United Kingdom Magnitsky Sanctions on Russian and Saudi Officials
Tuesday, July 07, 2020WASHINGTON—Following the recent designations under the United Kingdom’s Magnitsky sanctions framework of Russian and Saudi officials responsible for the deaths of Sergei Magnitsky and Jamal Khashoggi, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) released the following statement: “We are encouraged to see the United Kingdom applying its first-ever independent Magnitsky sanctions. These sanctions demonstrate that following Brexit, the UK remains committed to fighting human rights abuse and kleptocracy. “We hope the UK will continue to apply Magnitsky sanctions as needed and develop additional anti-corruption policies to stem the flow of illicit wealth into the country. We also encourage the European Union to move forward on plans to develop its own Magnitsky sanctions. Consequences for bad acts are most effective when imposed in concert.” The UK passed its Magnitsky sanctions law in 2018. That same year, Russia attempted to assassinate Sergei Skripal, a former Russian double agent who spied for the UK, in Salisbury, England. UK Magnitsky sanctions freeze the assets of designees and prevent them from entering the country, and are expected to be a powerful deterrent for kleptocrats, given the propensity of corrupt officials to steal and launder money into London as well as send their children to British boarding schools. In December 2019, EU High Representative for Foreign Affairs and Security Policy Josep Borrell announced that the EU would start preparatory work for the equivalent of a Magnitsky sanctions mechanism. However, no further progress has been reported. In May 2020, Co-Chairman Wicker and Sen. Cardin urged U.S. Secretary of State Mike Pompeo to ask High Representative Borrell to expedite the adoption of EU sanctions on human rights abusers and include provisions for sanctioning corruption.
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hearing
Human Rights at Home: Implications for U.S. Leadership
Thursday, July 02, 2020Recent developments in the United States—including George Floyd’s tragic death at the hands of police and subsequent protests—have put U.S. human rights commitments to the test in the eyes of the world. On July 2, 2020, the Helsinki Commission held a hearing on “Human Rights at Home: Implications for U.S. Leadership.” The online hearing was held in compliance with H.Res.965, which provides for official remote proceedings during the COVID-19 pandemic. Commissioner Rep. Emanuel Cleaver (MO-05), who chaired the hearing, observed, “The United States has long been a champion of human rights and democracy in our foreign policy. Many of the OSCE’s groundbreaking commitments were actually spearheaded by the United States, including those relating to anti-Semitism, freedom of religion, free elections, and the rule of law, to name only a few…Today, we look inward as we examine the Black Lives Matter protests and related domestic compliance issues in the context of our OSCE human dimensions commitments and implications for U.S. foreign policy.” Witnesses included Nkechi Taifa, Founding Principal & CEO of The Taifa Group, LLC, Convener of the Justice Roundtable, and Senior Fellow, Center for Justice, Columbia University; the Honorable Malcolm Momodou Jallow, Member of Parliament (Sweden) and General Rapporteur on Combating Racism and Intolerance, Parliamentary Assembly of the Council of Europe (PACE); and Ambassador (ret.) Ian Kelly, former U.S. Permanent Representative to the Organization for Security and Cooperation in Europe (OSCE). “It’s not a moment. It’s a movement.” Witnesses emphasized that George Floyd’s death has created a movement, not just a moment, in efforts to address systemic racism, police violence, and secure justice. Nkechi Taifa called on the United States to implement fully international human rights commitments and obligations, without legal barriers. She observed that the world is at the midpoint of the United Nations International Decade for People of African Descent and concluded, “What we are witnessing today is the unprecedented possibility for change.” Malcolm Momodou Jallow observed that structural, institutional, and systemic racism— including racist violence—is not confined to the United States, but is also present in Europe. The European project includes an antidiscrimination, antiracist dimension, with a fundamental commitment to reflect the lessons of the Holocaust and eradicate past European divisions through respect for the human rights of all. Failure to do so affects entire communities, thereby eroding social cohesion, trust in public authority, the rule of law and ultimately democracy. Mr. Jallow also drew attention to the European Parliament’s resolution, adopted on Juneteenth (June 19), on the anti-racism protests following George Floyd’s death. The resolution also recalled Europe’s colonial past and its role in the transatlantic slave trade; draws on the OSCE’s Office for Democratic Institutions and Human Rights’ annual hate crimes report; and calls for closer cooperation between the European Commission and the OSCE. “The OSCE should rise to that occasion.” Ambassador Ian Kelly stated that security among states depends on respect for human rights within states. Actions clearing peaceful protesters, at the expense of their basic rights, cost the United States moral authority to call other countries to account. Ambassador Kelly credited the OSCE for its work to shine a light on the problems of intolerance but asserted more could and should be done in the OSCE context to expose abuses against people of color in the OSCE region. By signing the Helsinki Final Act, the United States committed to respecting human rights and protect democracy, even under the most challenging circumstances. A willingness to respond to the human rights concerns that other countries raise with the United States in the Helsinki context has been instrumental in validating the promotion of human rights and democracy advocacy as a goal of U.S. foreign policy. The Helsinki Commission has addressed the implementation of OSCE commitments in the United States in various ways, including hearings, reports, and legislation. The video of the murder of George Floyd and the ensuing protests received wall-to-wall coverage throughout most of the OSCE participating States. Journalists from at least eight OSCE participating States—Canada, Finland, France, Germany, Russia, Sweden, Switzerland, and Turkey—suffered violence while trying to report on demonstrations. George Floyd’s death in police custody prompted demonstrations in nearly all western OSCE participating States, including more than 25 of the 30 NATO member states, supporting the Black Lives Matter (BLM) movement and protesting systemic racism. In some Central European countries, the death of George Floyd has been compared to police brutality against Roma. In other countries, demonstrators have called for changes to their own national policing practices, the removal of symbols of their colonial past, and other policy changes. There have been no BLM sympathy demonstrations in Russia, where assembly (even protests by single picketers or dolls dressed as protesters) remains highly controlled. Heads of OSCE institutions, including the Director of the Office for Democratic Institutions and Human Rights and the Representative on Freedom of the Media, have expressed concern about the actions of police, restrictions on freedom of assembly, and restrictions on press freedom. The OSCE Parliamentary Assembly President George Tsereteli, expressed similar concerns in a press statement on June 1. On June 8, 38 NGOs from the Civic Solidarity Platform, a decentralized advocacy network of independent civic groups from across the OSCE region, issued a rare joint statement of concern regarding “the United States government’s response to widespread peaceful protests against police violence.” Related Information Witness Biographies Human Rights at Home Safe, Inclusive, and Equitable Societies Briefing: 8:46 (George Floyd) Press Release: Hastings: To Promote Human Rights Abroad, We Must Fiercely Protect Them at Home Press Release: OSCE Media Freedom Representative concerned about violence against journalists covering protests in USA, calls for protection of journalists Press Release: Statement of the OSCE Parliamentary Assembly President on the policing of protests in the United States Civic Solidarity Platform Statement: U.S. racism and police violence and the human dimension heritage of the OSCE Rep. Jim McGovern: To Regain Our Credibility on Human Rights, America Must Start At Home
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press release
Hastings and Wicker Denounce Fraudulent Vote in Russia
Thursday, July 02, 2020WASHINGTON—Following this week’s manipulated vote to amend Russia’s constitution to further weaken the separation of powers, strengthen the presidency, and allow President Vladimir Putin to remain in office until 2036, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following joint statement: “As we have seen time and again in Putin’s Russia, the outcome of this vote was decided long before the ballots were tallied. “Thanks to a fraudulent plebiscite ‘legitimizing’ the rubber stamp of Russia’s parliament, the Russian people—along with those living under Russian occupation—will remain under the thumb of an increasingly powerful Putin who could rule until he is in his eighties. “State-sponsored fraud, coercion, and obfuscation make it impossible to know the true will of the Russian people, who deserve a responsive, democratic government in line with Russia’s OSCE commitments.” From June 25 to July 1, 2020, citizens of Russia and residents of illegally-occupied Crimea and Russia-backed separatist regions of the Donbas could vote either for or against a package of more than 200 amendments to Russia’s constitution. Because the vote was not technically classified as a referendum, regulations and procedures that would usually apply—including a required minimum voter turnout level—were disregarded. Russia’s Central Election Commission released preliminary results showing overwhelming support for the amendments hours before the last polls closed, which under normal circumstances would be illegal. The potential for voter fraud was increased by the Russian Government’s decision to spread the voting over the span of a week and introduce electronic voting in some areas, ostensibly to prevent the spread of the coronavirus. Independent journalists have received credible reports of people being paid to create multiple false profiles to vote online, employees being coerced into voting by their superiors, and the use of online tools to track voter participation. Individuals documented ballot-stuffing and other irregularities at polling places. The package of amendments was approved overwhelmingly and with little discussion by President Putin and both chambers of the Russian parliament on March 11, 2020, then rapidly cleared by the regional parliaments and the Constitutional Court. It required a nationwide vote to come into force. Vladimir Putin has ruled Russia either as president or prime minister for 20 years. He can now pursue two more six-year terms after his current term expires in 2024.
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press release
Helsinki Commission Hearing to Examine Human Rights At Home
Thursday, June 25, 2020WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: HUMAN RIGHTS AT HOME Implications for U.S. Leadership Thursday, July 2, 2020 11:00 a.m. Watch Live: www.youtube.com/HelsinkiCommission By signing the Helsinki Final Act, the United States committed to respecting human rights and the rule of law, even under the most challenging circumstances. Recent developments in the United States—including George Floyd’s tragic death at the hands of police and subsequent protests—have put U.S. human rights commitments to the test in the eyes of the world. During this online hearing, witnesses will discuss these events, the U.S. response, and the resulting implications for U.S. leadership in foreign policy. Witnesses scheduled to participate include: Ambassador (ret.) Ian Kelly, former U.S. Permanent Representative to the Organization for Security and Cooperation in Europe (OSCE) Malcolm Momodou Jallow, Member of Parliament (Sweden) and General Rapporteur on Combating Racism and Intolerance, Parliamentary Assembly of the Council of Europe (PACE) Nkechi Taifa, Founding Principal & CEO, The Taifa Group, LLC; Convener, Justice Roundtable; and Senior Fellow, Center for Justice, Columbia University
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press release
Hastings Urges Belarus to Allow Real Political Competition in Upcoming Elections
Wednesday, June 24, 2020WASHINGTON—In light of the recent crackdown on protesters and arrests of prominent presidential candidates leading up to the August 9 elections in Belarus, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) released the following statement: “Every OSCE participating State, including Belarus, commits to holding free and fair elections. Belarusian authorities have made this impossible by arresting and intimidating presidential candidates, journalists, and activists in the early stages of campaigning. There can be no free choice when the system is rigged in favor of the incumbent. I call on President Lukashenko to order the release of those who have been detained for political reasons and allow real political competition in Belarus.” Belarusian presidential candidate and popular YouTube personality Sergei Tikhanovsky was arrested in early June. His wife, who has decided to run in his place, has received numerous threats. Another presidential candidate and former head of Belgazprombank Viktor Babaryko was also detained, along with his son, after authorities raided the bank’s offices. Journalists, members of civil society, and others have been arrested during rallies and peaceful protests against Lukashenko’s regime. An estimated 140 people across Belarus were detained on June 19 alone, the last day for presidential candidates to collect signatures to get on the ballot. According to international observers, Belarus has not had free and fair national elections since Lukashenko’s election in 1994.
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press release
Hastings Urges Belarus to Allow Real Political Competition in Upcoming Elections
Wednesday, June 24, 2020WASHINGTON—In light of the recent crackdown on protesters and arrests of prominent presidential candidates leading up to the August 9 elections in Belarus, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) released the following statement: “Every OSCE participating State, including Belarus, commits to holding free and fair elections. Belarusian authorities have made this impossible by arresting and intimidating presidential candidates, journalists, and activists in the early stages of campaigning. There can be no free choice when the system is rigged in favor of the incumbent. I call on President Lukashenko to order the release of those who have been detained for political reasons and allow real political competition in Belarus.” Belarusian presidential candidate and popular YouTube personality Sergei Tikhanovsky was arrested in early June. His wife, who has decided to run in his place, has received numerous threats. Another presidential candidate and former head of Belgazprombank Viktor Babaryko was also detained, along with his son, after authorities raided the bank’s offices. Journalists, members of civil society, and others have been arrested during rallies and peaceful protests against Lukashenko’s regime. An estimated 140 people across Belarus were detained on June 19 alone, the last day for presidential candidates to collect signatures to get on the ballot. According to international observers, Belarus has not had free and fair national elections since Lukashenko’s election in 1994.
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press release
Hastings: To Promote Human Rights Abroad, We Must Fiercely Protect Them at Home
Monday, June 22, 2020WASHINGTON—Ahead of a 57-nation OSCE meeting on freedom of expression, media, and information, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) released the following statement: “In the United States, we have witnessed a devastating series of attacks by authorities against journalists covering the nationwide protests calling for racial justice following the murder of George Floyd in Minneapolis. In many cases, reporters have been injured, harassed, or arrested even after explicitly identifying themselves as members of the press. “If the United States wants to remain a credible voice in the promotion of human rights abroad, we must fiercely protect them at home. This Supplementary Human Dimension Meeting on the critical topic of freedom of expression, media, and information represents an important opportunity to take an honest and critical look at America’s own record in recent weeks on protecting journalists and safeguarding press freedom.” According to the U.S. Press Freedom Tracker, as of June 15, there have been more than 430 reported press freedom violations since the beginning of the national Black Lives Matter protests on May 26. This includes at least 59 arrests; 268 assaults (including the use of tear gas, pepper spray, and rubber bullets and projectiles); and 57 cases of equipment/newsroom damage. OSCE Supplementary Human Dimension Meetings (SHDM) are convened three times annually on topics chosen by the OSCE Chairperson-in-Office. The first SHDM organized by the Albanian chairmanship, “Addressing All Forms of Intolerance and Discrimination,” took place May 25-26, 2020. The June meeting on freedom of expression, media and information includes participation by non-governmental civil society organizations, the U.S. Helsinki Commission, and representatives from OSCE participating States.
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briefing
Disinformation, COVID-19, and the Electoral Process
Thursday, May 21, 2020Listen to audio of the briefing on Facebook. Free and fair elections are one of the most fundamental measures of a democratic society. During the 2016 presidential elections, many Americans became aware for the first time that disinformation can be easily coupled with technology by state and nonstate actors to disrupt and muddy the information space in the months, weeks, and days leading up to an election. The use of disinformation to influence elections has since become a pervasive and persistent threat in all 57 OSCE participating States, one which many still struggle to adequately address. With presidential, parliamentary, or local elections scheduled in 15 OSCE participating States before the end of 2020, the stakes could not be higher. The COVID-19 pandemic has added another level of complexity, as Russia, China, and Iran are all attempting to use the crisis to drive a wedge between the United States and Europe. Governments in the region are struggling to respond, with some enacting measures that further restrict the free flow of information and threaten press freedom. This briefing featured three expert panelists who each examined the implications of this emerging threat to the electoral process and explored opportunities for nations, state and local governments, the private sector, and civil society to collaborate to identify and mitigate disinformation’s corrosive effects. Some of the more urgent concerns they noted were the increased politicization of the information space and the rise of nonstate actors. Heather Conley, Senior Vice President for Europe, Eurasia, and the Arctic at the Center for Strategic International Studies, noted, “Russia does not create the weaknesses; they simply exploit them. And this is where I think it’s very important to understand that in the U.S. system they’re exploiting, obviously, our partisanship. So we are offering them the weakness, and then they use it wherever they can.” Nina Jankowicz, Disinformation Fellow at the Woodrow Wilson Center Science and Technology Information Program and author of the upcoming book How to Lose the Information War, said the goal is often simply to bombard the information space with so much conflicting information, the voter loses interest: “They want people to consume less news and to feel like participation at all stages of the process is futile, whether that means communicating with our elected representatives, participated in civil society, or even the act of voting itself.” She added that partisanship cannot be permitted to frame the response to disinformation. “Disinformation is not a partisan issue,” she said. “If we’re to make any progress in protecting our democracies, we need to not only clearly recognize the threat that disinformation poses but reject its tactics whole cloth. Any government that uses disinformation cannot hope to fight it.” Chatham House’s Sophia Ignatidou called for a US-EU approach to combatting disinformation that was rooted in international human rights. She noted, “The reason for doing that is that international human rights law is suitable to deal with an issue that doesn’t respect any physical boundaries. And it can provide a more holistic view of the issue of disinformation which we are lacking sometimes.” Ignatidou also challenged one of the primary arguments that some of the big tech companies use to push back against regulation – freedom of expression – as misleading, because “the problem with disinformation is dissemination patterns and scale, not content, per se. And freedom of speech does not equate [with] freedom of reach.” Other questions centered on the importance of OSCE election monitoring missions paying more attention to how disinformation impacts the atmosphere surrounding an election in the months leading up to it. The discussion ended on a positive note as all three panelists, when asked to cite examples of successful efforts to mitigate disinformation, spoke about the importance of using trusted, credible voices at the grass-roots level and of building resilience among voters in a nonpartisan fashion. Related Information Panelist Biographies Podcast: Helsinki on the Hill | Defending against Disinformation A Global Pandemic: Disinformation Hearing: The Scourge of Russian Disinformation Briefing: Lies, Bots, and Social Media
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press release
Helsinki Commission Briefing to Examine Corrosive Impact of Disinformation on the Electoral Process
Monday, May 18, 2020WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: DISINFORMATION, COVID-19, AND THE ELECTORAL PROCESS Thursday, May 21, 2020 10:30 a.m. – 11:30 a.m. Register to attend. Free and fair elections are one of the most fundamental measures of a democratic society. During the 2016 presidential elections, many Americans became aware for the first time that disinformation can be easily coupled with technology by state and nonstate actors to disrupt and muddy the information space in the months, weeks, and days leading up to an election. The use of disinformation to influence elections has since become a pervasive and persistent threat in all 57 OSCE participating States, one which many countries still struggle to adequately address. With presidential, parliamentary, or local elections scheduled in 15 OSCE participating States before the end of the year, the stakes cannot be higher. The COVID-19 pandemic has added another level of complexity, as Russia, China, and Iran are all attempting to use the crisis to drive a wedge between the United States and Europe. Governments in the region are struggling to respond, with some enacting measures that further restrict the free flow of information and threaten press freedom. This briefing will examine the implications of this emerging threat to the electoral process and explore opportunities for nations, state and local governments, the private sector, and civil society to collaborate to identify and mitigate disinformation’s corrosive effects. Expert panelists scheduled to participate include: Heather Conley, Senior Vice President for Europe, Eurasia, and the Arctic, The Center for Strategic and International Studies (CSIS) Nina Jankowicz, Disinformation Fellow, Woodrow Wilson Center Science and Technology Information Program; author of “How to Lose the Information War” Sophia Ignatidou, Academy Associate, International Security Programme, Chatham House
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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
"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.