HEARING: NORTH MACEDONIA’S LEADERSHIP OF THE OSCE IN A TIME OF WARFriday, February 24, 2023
Tuesday, February 28, 2023 1:00 p.m. to 2:00 p.m. Streaming: https://www.youtube.com/watch?v=xNgAOyC9f5g North Macedonia has taken up leadership of the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—a year into Putin’s brutal, full-scale invasion of Ukraine. Much of the OSCE’s focus over the past year has revolved around responses to the war, including using the organization to condemn Russian aggression and hold the government of the Russian Federation to account, to launch international investigations on Russian war crimes, and to reestablish an OSCE mission on the ground in Ukraine. The OSCE has remained at the forefront despite Russian efforts to block consensus and undermine the Organization and its work. Other challenges in the region include spillover effects of Putin’s war in Ukraine, the extension of the Nagorno-Karabakh conflict, and backsliding in some countries on human rights, democracy, and the rule of law. Anti-Semitic attacks and rhetoric continue to be on the rise, and vulnerable communities are targets of discrimination and violence. Combating human trafficking has taken on a renewed urgency as millions of vulnerable women and children have fled Ukraine. Attacks on independent media continues in some OSCE participating States, including Russia, Belarus and most recently, Kyrgyzstan. At this hearing, North Macedonia’s Foreign Minister and OSCE Chairperson-in-Office Bujar Osmani will discuss North Macedonia’s priorities in the OSCE and how it will address Russia’s war on Ukraine and other regional challenges.
Steadfast Support for Ukraine: United States Delegation Hosts Ukrainian and Partner Country Parliamentarians on the Margins of the OSCE Parliamentary AssemblyThursday, February 23, 2023
WASHINGTON – Today, the United States Delegation to the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE PA), led by Senator Ben Cardin (MD), met with Mykyta Poturaiev, Ukraine’s Head of Delegation and additional representatives of the Ukrainian Rada in Vienna, Austria, along with the Heads of Delegation of Canada, Estonia, France, Latvia, Poland, and the United Kingdom. On the eve of the one-year anniversary of Russia’s full-scale invasion of Ukraine, the parliamentary leaders in attendance pledged their sustained and steadfast support for Ukraine to counter Russian aggression: “We will continue to stand with Ukraine for as long as it takes to restore Ukraine’s territorial integrity and sovereignty over its 1991 borders. A year after Russia’s unprovoked full-scale invasion of Ukraine, we recommit to combining our efforts to redress this injustice and hold Russia to account for its crimes, including by seeking its suspension from the Parliamentary Assembly (PA). We further urge the PA to host annual sessions and meetings in OSCE participating States prepared to block the participation of Russia’s representatives. We will not allow Russia’s reprehensible propaganda to go unchallenged at the OSCE PA or any other international forum. The world must hold Russia accountable for its aggression and for the war crimes, crimes against humanity, and acts of genocide it is committing against the people of Ukraine. All of us are committed to the recovery and reconstruction of Ukraine and seek restitution from Russia to this end. “To the people of Ukraine: as you suffer Russia’s attacks on your cities and fight the aggressor in the battlefield, know that you are never alone in your courageous struggle for a secure and democratic future. As missiles rain down and the lights go out, and as you mourn all those you have lost, we mourn with you and share your fight for Ukrainian victory. You have our admiration and above all, our gratitude, as we remain resolutely at your side in solidarity and partnership.” Joining U.S. Head of DelegationSenator Ben Cardin were delegation members Helsinki Commission Chairman Rep. Joe Wilson (SC-02), Ranking Member Rep. Steve Cohen (TN-09), Commissioners Rep. Robert Aderholt (AL-04), Rep. Richard Hudson (NC-09), Rep. Marc Veasey (TX-33), and Representatives Sheila Jackson Lee (TX-18) and Lloyd Doggett (TX-37). The Ukrainian delegation consisted of Mr. Mykyta Poturaiev, Head of Delegation; Mr. Artur Gerasymov, Deputy Head of Delegation, Mr. Pavlo Frolov, Ms. Irina Gerashchenko, Ms. Evgeniia Kravchuk, and Ms. Nataliia Pipa. Heads of delegations present included Dr. Hedy Fry (Canada), Mr. Sven Sester (Estonia), Mr. Didier Paris (France), Mr. Rihards Kols (Latvia), Ms. Barbara Bartuś (Poland), and Sir John Whittingdale (United Kingdom).
No Safe Haven: Launching the US-Europe Coalition on Russia SanctionsTuesday, December 13, 2022
Since February 24, 2022, Western countries have imposed sanctions against Russian officials, businessmen, and public figures who support Russian aggression against Ukraine by financial or political means. Personal sanctions have been effective in creating tension between Putin’s proponents and continuing to help Ukraine fight for its independence. The biggest issue of personal sanctions policy is desynchronization among the countries imposing them. For example, when the United States enacts sanctions against politicians, public officials, and businessmen who support Russia’s war, the European Union and the United Kingdom do not. A similar dysfunction occurs when the European Union and Great Britain enforce sanctions on individuals without equal participation from the United States. The unity of the West in imposing sanctions on those driving Russia’s brutal invasion of Ukraine is essential for Ukrainian victory. This public briefing united seven legislators from the United States, Ukraine, United Kingdom, Lithuania, Estonia, and Poland. The panelists will announce the creation of the US-Europe Coalition on Russia Sanctions, which will synchronize the sanctions policy between the European Union, Ukraine, and the USA.
The Case for Getting Tough on HungaryMonday, November 28, 2022
Sixty-six years ago, ordinary Hungarians bravely stood up to Moscow’s empire of oppression. Yet, on its anniversary, Hungarian Prime Minister Viktor Orbán took aim at Europe, a curious choice given Russia’s imperialist war against Ukraine right at Hungary’s doorstep. “Let’s not bother with those who shoot at Hungary from the shadows or from the heights of Brussels. They will end up where their predecessors did,” Orbán told crowds in Western Hungary last Sunday. Since Russia’s full-scale invasion of Ukraine on Feb. 24, European solidarity and the transatlantic alliance have been put to the ultimate test. Amid the horrors of Russia’s genocidal war, many nations have risen to the occasion. But Hungary’s Orbán has shown his stripes: He has openly aligned himself with Vladimir Putin, and his government has demonstrated itself as an unreliable partner to the West, even as it happily avails itself of the West’s military protection and economic might. In March, Ukrainian President Volodymyr Zelensky made a direct appeal to Orbán in front of European Union leaders, saying, “You hesitate whether to impose sanctions or not? You hesitate whether to let weapons through or not? And you hesitate whether to trade with Russia or not? It’s time to decide already.” Since then, Orbán has given Zelensky his answer: On every count, Hungary stands with Russia. A member of NATO since 1999, and the EU since 2004, Hungary has bitterly opposed stronger Western sanctions against Russia, strengthened energy ties with Russia, banned lethal aid from passing through its territory to Ukraine, and is dragging its feet on NATO expansion to Finland and Sweden — the only NATO ally aside from Turkey to do so. Even more glaringly, Orbán has publicly blamed the West for provoking Russia’s actions in Ukraine, an utterly indefensible position given the genocidal war Russia has waged without provocation. In a July 23 speech, Orbán told a Hungarian-minority audience in Romania that his Russian counterpart’s justification for the war in Ukraine “does make sense, and it is worth taking seriously.” In the same speech, he made abject claims that Ukraine cannot win the war; that NATO expansion is to blame for Russian aggression; that the United States is using energy as a foreign policy weapon; and that Russia will continue to push the front line as long as NATO countries supply heavy weapons to Ukraine. Hungary’s defense of Russia’s brutal repression abroad is a natural extension of its growing authoritarianism at home. Orbán has transformed Hungary into an illiberal autocracy. Fidesz, the country’s ruling party, has systematically eroded democratic freedoms in Hungary since it came to power in 2010. Orbán has manipulated election laws to benefit Fidesz, packed the Constitutional Court with cronies, and consolidated media control to amplify his party’s propaganda. Civil society is unable to function freely due to restrictive laws, and many individuals and groups are subject to smear campaigns. It’s time to get tough on Hungary. Hungary has caused a fracture in NATO’s united front against Russia, which is a grave security and credibility risk for the organization. Hungary acts as Russia’s best advocate in Europe with impunity, which not only undermines transatlantic unity, but signals NATO weakness. As a result, members of the alliance should consider downgrading relations with Hungary, especially since NATO is founded on the principles of “democracy, individual liberty and the rule of law,” principles that Orbán has been intentionally eroding. Bilaterally, the United States cannot sit back silently while a NATO ally aligns itself with Putin’s Russia under thinly-veiled claims of “neutrality,” and simultaneously dismantles democracy domestically. It is important that the United States speaks with a united voice — Democrats and Republicans alike — to condemn Hungary’s allegiance to Russia. We should ramp up support for independent journalism and civil society in Hungary, as well as consider other tools to limit our economic investment and military partnership with Hungary if the government’s belligerence continues. The United States has leverage, and we should demand better from a NATO ally. Jordan Warlick is a policy adviser for the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission). Follow her on Twitter @jvcwarlick.
in the news
It’s Time to Throw NATO’s Door Wide OpenTuesday, August 23, 2022
NATO was meant to be a harbor for the weak and imperiled. It should be again. June’s NATO summit in Madrid was by every account a historic event. In response to Russia’s invasion of Ukraine andbroader belligerence against Europe, NATO unveiled a muscular new strategic concept and invited Finland and Swedento join the alliance—an epochal moment for the two traditionally neutral countries and a major statement for thealliance’s “open door” policy. Yet looming over all of this are the uncertain fates of the two countries most suffering from Russian aggression: Ukraine and Georgia. Both nations were promised membership in the alliance during the 2008 NATO summit in Bucharest, Romania, yet bothremain outside of it. Now, the enormous human and material toll of Russia’s genocidal, neo-imperial war in Ukraine hasput NATO’s extended and unfulfi lled promises into sharp, indelible relief. Obscured by ambiguous technicalities, the alliance’s failure to provide Ukraine and Georgia with a concrete pathway to membership was clearly an unintentional but predictable invitation to Russian aggression. As Ukrainians desperately defend their homeland and count civilians and their children among those killed, the moraland strategic poverty of Ukraine’s deferred accession is laid bare. NATO and its members must now reckon with thewages of a passive approach and rethink the alliance’s founding purpose. The bloc was never meant as an exclusive country club of the rich and strong but rather a harbor for the weak and imperiled. It should be again. In April, while observing the Hungarian parliamentary elections, I saw for myself the heartrending humanitarian crisis on Ukraine’s borders with Hungary and Slovakia. I saw children who had traveled great distances with their families, clutching the meager mementos of home; I met Ukrainians who traveled back and forth across the borders, bringing supplies from the European Union into western Ukrainian cities; and I saw the humanity of volunteers giving some measure of comfort and welcome to weary refugees who had, at long last, reached the promise of safety at the European Union’s frontiers. But what I didn’t see were any great barriers or edifices of geography to suggest the line where, on one side, NATO would risk nuclear war in the people’s defense and on the other side—in Ukraine—it would not. In the United States and Europe, discussions about the borders between NATO and the rest of Europe are treated like immutable features of geography or acts of god, as though certain states and people are afforded divine predestination into the Euro-Atlantic’s rarefied elect. Decisions in the run-up to the war to withhold crucial assistance or provide security guarantees were often justified based on Ukraine’s non-membership in NATO, even though concrete pathways into the alliance have never been offered despite the 2008 declaration. The idea that Ukraine and Georgia were somehow unready or unable to meet NATO’s technical criteria has always been a problematic argument. At no point has NATO established hard, technical benchmarks for membership—clear, achievable standards for entry—and doing so might have risked Ukraine and Georgia passing muster, potentially embarrassing the countries that were categorically opposed to their accession. Realistically, NATO enlargement has always been a political decision. More recent fixations on technical “readiness” and process were introduced after the Cold War to amplify NATO’s turn from a Cold War bulwark to a carrier of Euro-Atlantic values and to manage booming Eastern European demand for membership. But today, Moscow’s threat to Europe’s peace is all too apparent again—and devastatingly so in Ukraine as well as in Georgia. In response, NATO should change with the strategic landscape—not with “retrenchment,” in which it builds its walls higher while Ukraine and other threatened partners burn, but with aggressive enlargement. NATO is generally considered something of a walled garden—a protected redoubt of relative peace, prosperity, and predictability. However, this reputation elides the seismic strategic revolution that founding and early expansion represented. Firmly in the nuclear age and facing Soviet expansionism after two horrific continental wars in the first half of the 20th century, the United States sought to create structures to arrest Europe’s ruinous cycles of great-power war. Against thevery real risk of Soviet imperialism and a potential third World War, NATO created a protected sanctuary around Europe’s most threatened, impoverished, and war-torn countries. “I am sure,” then-U.S. President Harry Truman said just a year before NATO’s founding, “that the determination of the free countries of Europe to protect themselves will be matched by an equal determination on our part to help them.” To create the rules-based paradise of modern Europe, the United States and its closest allies drew a line in the face of Soviet expansionism and said: No further. Despite war weariness and the steep task of reconstruction, the North Atlantic founders pooled their military power and political determination as well as risked a third World War in Europe’s defense. The countries that joined were hardly all first-rate military powers, economic dynamos, or stable democracies—manywere politically unstable, militarily sapped, and economically broken. Several, such as Portugal and Spain, were military dictatorships. The principal continental combatants in World War II—Germany, France, and Italy—were quite literally ruined by the war and took decades to recover. Yet the United States and the other original NATO members didn’t quibble interminably over the vagaries of a threatened partner’s democratic credentials or its uptake of various technical or military reforms, and they generally accepted European states that sought Washington’s protection and a Western orientation. This wasn’t because of Western indifference to democracy but rather a recognition that democratization under the shadow of an imminent Soviet threat was essentially impossible and that a country swallowed by Moscow’s imperial agenda had no chance of true self-determination—much less democracy. Speaking of NATO’s purpose, then-U.S. Secretary of State Dean Acheson described it as “designed to contribute to thestability and well-being of the member nations by removing the haunting sense of insecurity” posed by Soviet expansionism. It took time, but the strategy paid off. Under NATO and the United States’ nuclear umbrella, great-power war was avoided, Europe democratized and prospered, and the Soviet Union and its brand of colonialism was dismantled, freeing tens of millions of people. With Russia again in the throes of despotism and expansionist militarism, the conditions that accompanied NATO’s founding are all too familiar. Russian aggression in the heart of Europe is an incontrovertible reality—as Ukraine’s blood-soaked lands so clearly attest—and there is no reason to believe or expect Moscow to stop until and unless it is stopped. NATO must meet the moment. Dithering over peacetime technicalities defi es NATO’s original purpose to secure Europefrom the specter of Moscow’s violently imperial agenda. This is not a return to the Cold War, but it is no less a civilizational struggle against a military dictatorship in Moscow. This threat is particularly plain and present for the millions of Ukrainians and Georgians who have had no choice but to suffer on the wrong side of the geopolitical train tracks. NATO should return to its roots and fling open its doors to all those in Europe at risk of Russia’s predations. How can this be done? NATO decisions, including membership, require consensus. Transitioning to a wartime open door policy will require a major shift in thinking. For one, the United States, as the ultimate underwriter of NATO’s military might, should take steps to provide robust security assistance and assurances to threatened partners—such as those promises it has given Finland and Sweden until their accession is complete—and encourage other like-minded allies to do the same. Similarly, NATO handwringing over outstanding territorial disputes—almost always created or supported by Moscow—should officially become a nonissue. Russia should not be rewarded for cultivating and backing violent separatist movements that inoculate the parent countries from NATO accession. If anything, Russian meddling and aggression evinces the necessity of NATO’s protection. This is simple in principle but admittedly difficult in policy amid hot war. How can Ukraine join NATO without triggering a global conflict? First, the United States and its allies can all do more to ensure that Ukraine has military dominance overits own territory and win its war of independence. Mystifying gaps that undermine Western sanctions policies demand attention—such as continued European dependence on Russian energy, U.S. imports of Russian steel, and the growing role of China and other countries in the Middle East, Eurasia, and Asia (including friends and partners) to bypass or ease the impact of international trade sanctions. Likewise, U.S. hesitance over delivering heavy arms and munitions to Ukraine must end. The delivery of U.S. artillery and M142 High Mobility Artillery Rocket System (HIMARS) platforms have completely changed the momentum of the conflict in recent weeks; more longer-range munitions and Western fast-jet capabilities could help Ukraine expand the initiative against Russia’s high-mass but low-morale attacking force. Second, the United States could consider extending its nuclear umbrella over Ukraine to erase Russia’s nuclear advantage and any temptation it may have to use nuclear weapons as Russian conventional losses mount. Doing so would only be a stronger and clearer statement of current U.S. policy that Russia’s use of weapons of mass destruction against Ukraine would be “completely unacceptable” and “entail severe consequences,” as U.S. President Joe Biden has already said. Against such a horrifying possibility, the West could stand to be much clearer on the evident downsides of such a strategy, which would itself violate Russian nuclear doctrine. And third, the United States can and should have discussions about certain security guarantees for free areas of Ukraine, such as via the provision of the most advanced Western arms or direct Western air defense coverage. For Georgia, and even for a country like Moldova should it so choose, it is even clearer: Provide support and security guarantees over non-occupied regions. Finally, democratic principles should remain a core requirement for NATO. Although the exigencies of the moment maynot allow the luxury of waiting for perfect democratization to develop before entry, NATO can and should create more robust and independent internal mechanisms to monitor and highlight vulnerabilities, advise and assist all members with undertaking difficult reforms, and hold members accountable for sustained and significant democratic backsliding. As Ukraine’s brave people fight for survival and every inch of their homeland against Russia’s overwhelming and genocidal war, it is impossible not to wonder what might have been had NATO understood in 2008 in Bucharest or in 2014 in Wales what horrors could have been prevented if Ukraine had been spirited into the alliance, along with Georgia. Ukraine will win this war, and Russia will lose—but in many ways, it is already too late for Ukraine and Georgia, having been so thoroughly and persistently victimized by Russian aggression. Yet each moment they are left to fend for themselves only compounds the error—and the shame.
Helsinki Commission Deeply Concerned Over Latest Electoral Reform Initiative in Bosnia and HerzegovinaWednesday, July 27, 2022
WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) and Co-Chairman Rep. Steve Cohen (TN-09) today expressed deep concern about an effort by the international community’s High Representative in Bosnia to impose changes on the country’s electoral system barely two months prior to general elections in early October. They issued the following joint statement: “We share the concerns of members of civil society, academia, and the political community in Bosnia and Herzegovina about the current proposal of the international community’s High Representative to make changes to Bosnia’s electoral system shortly before the upcoming general elections. These changes effectively only benefit the leading ethnically-based political party among Bosnia’s Croats and further entrench the divisive force of ethnicity in Bosnian politics as a whole. They fail to tackle the broader issues of citizen-based democracy that so obviously need to be addressed for the country to overcome destabilizing impasse and move forward. The timing of their introduction also is problematic. “The Helsinki Commission has long supported electoral reforms in Bosnia and Herzegovina that remove ethnicity from governance. Such reforms should be designed to give citizens a wider range of truly democratic choices, an ability to hold their elected official accountable, a deserved sense of stability, and needed hope for European integration. We also have supported a more assertive role for the international community and its representatives in the country, including the Office of the High Representative, in responding to the lack of democracy and stability in Bosnia and Herzegovina. However, we believe that this specific action, if imposed now, will not represent the true progress Bosnia needs and may effectively make things worse.”
Helsinki Commission Delegation Convenes Historic Black Sea Security Summit, Demonstrates Bipartisan Support for European SecurityThursday, July 14, 2022
WASHINGTON—From June 29 – July 9, Helsinki Commission Ranking Member Sen. Roger Wicker (MS) led a bipartisan, bicameral congressional delegation to Romania, the United Kingdom, Finland, and Sweden to consult with senior officials across Europe about Russia’s war on Ukraine, security in the Black Sea region, and Finland and Sweden’s plans to join NATO. On the shores of the Black Sea in Constanta, Romania, Sen. Wicker and Romanian Foreign Minister Bogdan Aurescu co-chaired the first-ever congressionally-organized Black Sea Security Summit to underscore the critical importance of the Black Sea region to European peace and security, and to establish a sustainable, collective approach to ending Russian aggression and enhancing mutual cooperation. “Given Russia’s monstrous war on Ukraine and its wider aggression in the region, it is not an exaggeration to say that the Black Sea is currently the epicenter of Euro-Atlantic security and global peace,” said Sen. Wicker. “Ukraine must be successful in this war…Vladimir Putin’s unprovoked aggression against a neighbor cannot stand.” “Over the last 25 years, a key objective of our bilateral strategic partnership has been to act as partners in enhancing our joint security and promoting the democratic and economic development of the Black Sea region. The continuation of common decisive action in this regard at the bilateral and multilateral level is more relevant than ever,” said Minister Aurescu. “All along the Black Sea coast lies the first line of defense for the Euro-Atlantic community and the first line of support for our partners in Ukraine, the Republic of Moldova, and Georgia.” Prior to the summit, members of the Congressional delegation visited Romania’s Mihail Kogălniceanu Air Base, where they received briefings from U.S., Romanian, and other NATO personnel and met with American troops. Delegation members then traveled to Birmingham, UK, for the Annual Session of the OSCE Parliamentary Assembly (PA). Co-Chairman Rep. Steve Cohen (TN-09) was Head of the U.S. Delegation to the PA and spearheaded U.S. efforts to forge a strong, unified response from international legislators to Russia’s ongoing war of aggression against Ukraine and its people. “All OSCE parliamentarians must stand in solidarity with our Ukrainian colleagues as they battle the Kremlin’s vicious, intolerable war on Ukraine,” said Co-Chairman Cohen. “We must do all in our power—through this forum and all others—to ensure that Ukraine is victorious against Russian aggression.” During the Annual Session, parliamentarians overwhelmingly approved a resolution introduced jointly by Sen. Wicker and the heads of the Ukrainian and Lithuanian delegations, responding to Russia’s war on the Ukrainian people and the greater Russian threat to European security. The document “condemns resolutely and unequivocally the ongoing, intensified, clear, gross and still uncorrected violations of Helsinki Principles as well as of fundamental principles of international law by the Government of the Russian Federation in its war of aggression against Ukraine, as well as the complicity of Belarus in this war of aggression, and calls on the governments of OSCE participating States to do the same.” Several members of the U.S. Delegation successfully introduced more than two dozen amendments, designed to keep the focus on Russia’s current aggression, to an array of other resolutions. In Birmingham, the delegation also co-hosted an event highlighting the growing problem of political repression in Russia and Belarus, especially in the context of protesting the war on Ukraine; met with Mikhail Khodorkovsky to discuss his organization’s work to support political prisoners and democracy in Russia; and held bilateral meetings with the UK’s parliamentary leadership, OSCE officials, parliamentarians from other OSCE countries. Helsinki Commissioner Rep. Richard Hudson (NC-08) was re-elected to his post as chair of the OSCE PA’s Committee on Political Affairs and Security. Following the Annual Session, the congressional delegation stopped in Finland and Sweden to welcome the historic decision of both countries to join the NATO Alliance. In Finland, members met with President Sauli Niinistö, and Finnish parliamentarians including First Deputy Speaker Antti Rinne and OSCE PA Vice President Pia Kauma. In Sweden, they met with Foreign Minister Ann Linde, Deputy Defense Minister Jan Olof-Lin, and a group of members of the Swedish parliament, led by Speaker Andreas Norlén and OSCE PA President Margareta Cederfelt. In addition to Co-Chairman Cohen, Sen. Wicker, and Rep. Hudson, the Congressional delegation included Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02), Commissioners Rep. Robert Aderholt (AL-04), Rep. Ruben Gallego (AZ-07), and Rep. Marc Veasey (TX-33), as well as Sen. John Cornyn (TX), Rep. Lloyd Doggett (TX-35), Rep. John Garamendi (CA-03), Rep. Sheila Jackson Lee (TX-18), Rep. August Pfluger (TX-11) and Rep. Chris Smith (NJ-04).
Black Sea Security SummitFriday, July 01, 2022
On the heels of the 2022 NATO Summit in Madrid, on July 1 the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, convened its first-ever multilateral dialogue among key regional allies and partners on Black Sea security. At this historic event on the shores of the Black Sea, members of the U.S. Congress, senior-level government officials from the region, and key international partners came together in a roundtable format to underscore the critical importance of the Black Sea region to European peace and security, and to establish a sustainable, collective approach to ending Russian aggression and enhancing mutual cooperation. Co-chaired by Helsinki Commission Ranking Member Sen. Roger Wicker (MS) and Minister Bogdan Aurescu, Minister of Foreign Affairs of Romania, the summit featured a timely and collaborative exchange exploring major themes pertaining to regional security challenges: confronting Russian aggression and the relevance of the Black Sea to Euro-Atlantic security. The co-chairs were joined by senior-level regional government officials and a bipartisan delegation of members of both the U.S. Senate and the U.S. House of Representatives, including Sen. John Cornyn, Rep. Joe Wilson, Rep. Richard Hudson, Rep. Ruben Gallego, Rep. John Garamendi, Rep. Robert Aderholt, and Rep. August Pfluger. Other participants included: Romania Minister Bogdan Aurescu, Minister of Foreign Affairs of Romania State Secretary Simona Cojocaru, State Secretary and Chief of the Department for Defense Policy, Planning and International Relations, Ministry of Defense of Romania MP Pavel Popsescu, Member of the Romanian Parliament; Chair, Defense Committee MP Ana Cătăuță, Member of the Romanian Parliament Ukraine Deputy Minister Oleksandr Polishchuk, Deputy Minister of Defense of Ukraine MP Alexander Goncharenko, Member of the Ukrainian Parliament Bulgaria Deputy Minister Yordan Bozhilov, Deputy Minister of Defense of Bulgaria Ambassador Radko Vlaykov, Ambassador of Bulgaria to Romania MP Kaloyan Ikonomov, Member of the Bulgarian Parliament; Chair, Bulgaria – USA Friendship Group Georgia First Deputy Minister Lasha Darsalia, First Deputy Minister of Foreign Affairs of Georgia Ambassador Nikoloz Nikolozishvili, Ambassador of Georgia to Romania Turkey Ambassador Füsun Aramaz, Ambassador of Turkey to Romania NATO Deputy Secretary General Mircea Geoană, Deputy Secretary General of NATO U.S. European Command Major General Jessica Meyeraan (USAF), Director of Exercises and Assessments, U.S. European Command Relevance of the Black Sea to Euro-Atlantic Security During the summit, participants underscored the importance of security in the Black Sea littoral in the face of Russian aggression. Deputy Secretary General of NATO, General Mircea Geoanӑ, emphasized the importance of the Black Sea to Euro-Atlantic security, stating that the region reflects “broader competition between revisionist and brutal and aggressive Russia and our democratic world.” According to General Geoanӑ, NATO is committed to supporting Ukraine through military, financial, and humanitarian means and providing security in the Black Sea littoral that reestablishes freedom of movement, shipping, and navigation. Bulgarian Deputy Minister of Defense, Yordan Bozhilov noted that the Russian invasion of Ukraine “has far-reaching destabilization implications at the regional level and beyond,” including the resulting energy and food crises. Georgian First Deputy Minister of Foreign Affairs, Lasha Darsalia, emphasized the political, economic, and security importance of the Black Sea region to Georgia and highlighted increased security in the region as an opportunity to increase “international cooperation and connectivity.” He recalled Georgia’s support for Ukraine in the face of Russian aggression, characterizing the invasion of Ukraine as another step in Russia’s malign attempt to control the Black Sea region. U.S. Representative August Pfluger stressed the importance of the Black Sea region to energy security in the pursuit of decreasing dependence on Russian energy. Confronting Russian Aggression Throughout the summit, participants called for increased unity to confront Russian aggression. Ukrainian Member of Parliament, Alexander Goncharenko, requested a stronger NATO and US presence in Ukraine, after powerfully highlighting Ukrainian bravery in the face of Russian hostility. In reference to Russia’s weaponization of Ukrainian grain supply and the expansion of NATO, Gonchareko stated, “It is very good that the free world is finally uniting, but we must show strength. The first place we must show strength is in the Black Sea, as a humanitarian mission, to save millions of people. Thousands are killed in Ukraine, but millions will die from starvation.” Turkish Ambassador to Romania Füsun Aramaz underscored her country’s support of Ukrainian sovereignty. She acknowledged the common security goals of all participants at the summit and desires close alignment with NATO, but warned against over-militarization of the region, citing a potential to violate the Montreux Convention. “More vessels at sea or more fighter aircraft in the air alone do not mean more deterrence or stronger defense,” she stated. U.S. Major General Jessica Meyeraan of the United States European Command explained that the United States is supporting Ukraine by increasing understanding of Ukrainian security assistance requirements and “collaborating across over 40 nations to understand how we can quickly and effectively satisfy those security cooperation requirements.” Minister Aurescu explained that the projects that maintain regional security structures are the result of bilateral relationships between the United States and various littoral states and are essential in the face of Russian aggression and illiberalism that has resulted in regional and global crises. He also called to “increase the scale and visibility of the U.S. presence in the region,” beyond just a military presence through the creation of a multifaceted strategy based on strategic resilience. Rep. Hudson noted that “NATO stands ready” in the face of increasing threats in the region. In addition, Rep. Gallego emphasized the importance of deterrence by denial, clarifying that this sort of offensive is only possible through a completely integrated defensive approach.
Helsinki Commission to Convene Black Sea Security Summit in Constanta, RomaniaMonday, June 27, 2022
WASHINGTON—On the heels of the 2022 NATO Summit in Madrid, on July 1 the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, will convene its first-ever multilateral dialogue among key regional allies and partners on Black Sea security. At this historic event on the shores of the Black Sea, members of the U.S. Congress, senior-level government officials from the region, and key international partners will come together in a roundtable format to underscore the critical importance of the Black Sea region to European peace and security, and to establish a sustainable, collective approach to ending Russian aggression and enhancing mutual cooperation. BLACK SEA SECURITY SUMMIT A Roundtable Dialogue Hosted by the Commission on Security and Cooperation in Europe Friday, July 1, 2022 1:00 p.m. (UTC+3) Constanța Art Museum Constanța, Romania Watch Live: https://youtu.be/DZskl6-k6No The Black Sea Security Summit plenary will feature a timely and collaborative exchange across two sessions exploring major themes pertaining to regional security challenges: Session 1: Confronting Russian Aggression Session 2: Relevance of the Black Sea to Euro-Atlantic Security The Black Sea Security Summit will be chaired by Helsinki Commission Ranking Member Sen. Roger Wicker (MS), who will be joined by a bipartisan delegation of members of both the U.S. Senate and the U.S. House of Representatives. Regional participants include: Minister Bogdan Aurescu, Minister of Foreign Affairs of Romania State Secretary Simona Cojocaru, State Secretary and Chief of the Department for Defense Policy, Planning and International Relations, Ministry of Defense of Romania Minister Oleksii Reznikov, Minister of Defense of Ukraine First Deputy Minister Lasha Darsalia, First Deputy Minister of Foreign Affairs of Georgia Deputy Minister Yordan Bozhilov, Deputy Minister of Defense of Bulgaria Ambassador Füsun Aramaz, Ambassador of Turkey to Romania Ambassador Radko Vlaykov, Ambassador of Bulgaria to Romania MP Alexander Goncharenko, Member of the Ukrainian Parliament MP Kaloyan Ikonomov, Member of the Bulgarian Parliament; Chair, Bulgaria – USA Friendship Group Deputy Secretary General Mircea Geoană, Deputy Secretary General of NATO Major General Jessica Meyeraan (USAF), Director of Exercises and Assessments, U.S. European Command Members of the media must email firstname.lastname@example.org in advance to attend this event. Preregistration closes Thursday, June 30, at 12:00 p.m. (UTC+3).
The Helsinki Process: An OverviewFriday, June 24, 2022
In August 1975, the heads of state or government of 35 countries – the Soviet Union and all of Europe except Albania, plus the United States and Canada – held a historic summit in Helsinki, Finland, where they signed the Final Act of the Conference on Security and Cooperation in Europe. This document is known as the Helsinki Final Act or the Helsinki Accords. The Conference, known as the CSCE, continued with follow-up meetings and is today institutionalized as the Organization for Security and Cooperation in Europe, or OSCE, based in Vienna, Austria. Learn more about the signature of the Helsinki Final Act; the role that the Conference on Security and Cooperation in Europe played during the Cold War; how the Helsinki Process successfully adapted to the post-Cold War environment of the 1990s; and how today's OSCE can and does contribute to regional security, now and in the future.
Helsinki Commission Applauds European Commission Recommendation to Grant Ukraine and Moldova Candidate StatusWednesday, June 22, 2022
WASHINGTON—Following the European Commission’s recommendation that Ukraine and Moldova be granted EU candidate status, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “We applaud the historic decision of the European Commission to recommend EU candidate status for Ukraine and Moldova. All countries have the sovereign right to choose their own alliances and determine their own foreign policies. The people of Ukraine and Moldova have long cherished the dream of integration with the Euro-Atlantic West. The European Commission’s recommendation rewards their persistent efforts to pursue these aspirations, even in the face of relentless Russian aggression. “The people of Georgia also have sacrificed much for their European identity over several decades, despite Russian warmongering and the challenges of painful reforms. They have demonstrated that they can rise to the challenge if and when the path is clear. We believe they too should be offered an equally concrete roadmap to EU membership. “Ahead of this week’s European Council meeting, we encourage our European friends to grant all three countries candidate status. The path to liberal democracy is never without occasional setbacks and detours, and always in need of vigilance, careful effort, and compromise. We believe candidate status will give all three countries a fighting chance in their common European dream.” On June 17, the European Commission recommended that Ukraine, Moldova, and Georgia be provided pathways to EU membership and that Ukraine and Moldova be conferred candidate status with conditions. On June 23 – 24, the European Council will make its final decision regarding the three countries’ pending applications for EU membership.
Cardin, Wicker Recognition of Romani Americans Clears Senate Foreign Relations Committee by Voice VoteFriday, June 10, 2022
WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) and Ranking Member Sen. Roger Wicker (MS) lauded unanimous passage in the Senate Foreign Relations Committee Thursday of S. Res.124, the first official acknowledgement by Congress of the genocide of the Romani people by the Nazis. The resolution, first authored by Cardin and Wicker in 2019 and reintroduced last year, also honors the history, culture and heritage of the estimated one million Romani people in the United States. It also commends the U.S. Holocaust Memorial Museum for its work promoting awareness of the Roma genocide. “Romani people have been part of every wave of European migration to the United States since colonial times, and have settled in every region of the country, so it is inconceivable that today, 2022, is the first time Congress has recognized their incredibly rich history, culture and heritage,” said Senator Cardin, who is a member of the U.S. Holocaust Memorial Museum Council. “Senator Wicker and I first introduced this resolution with the intent of shedding light on the many ways Romani Americans enrich the fabric of our nation, recognize a deadly chapter in Romani history, and, importantly, shine a light on the ongoing discrimination Roma face on both sides of the Atlantic. I believe more should be done to teach about Romani experiences during the Holocaust and in modern times.” “The Romani people are an important part of the American story, and they have proven resilient in the face of historic mistreatment,” Senator Wicker said. “This measure would raise awareness about their experience during the evils of the Holocaust. Remembering the past is essential to building a better future.” The Romani people have faced centuries of discrimination in both Europe and the United States. Though we have taken inspiration from their art and culture, Roma have been categorically excluded from many modern societies. During the Holocaust, the Romani people were subject to genocide at the hands of Nazi soldiers; it is estimated that anywhere between 250,000 and 500,000 Roma lost their lives during this time. On the night of August 2-3, 1994, 4,200 Romani men, women, and children were murdered during the liquidation of the Romani camp at Auschwitz. This date is now formally recognized as a day of commemoration by the European Union and other countries. April 8, the date of the first World Romani Congress in 1971, is now recognized as International Romani Day. The Cardin-Wicker resolution commends the U.S. Holocaust Memorial Museum for its work in promoting remembrance of the Holocaust and educating about the genocide of Roma. USHMM welcomed the introduction of this resolution last year, observing, “House and Senate passage will help raise awareness about the history of the Romani people, the richness of Romani culture, and to unequivocally reject the dehumanization of Roma and any violence directed against their communities.” The text of the resolution can be found below and at this link. S. Res 124 Celebrating the heritage of Romani Americans. Whereas the Romani people trace their ancestry to the Indian subcontinent; Whereas Roma have been a part of European immigration to the United States since the colonial period and particularly following the abolition of the enslavement of Roma in the historic Romanian principalities; Whereas Roma live across the world and throughout the United States; Whereas the Romani people have made distinct and important contributions in many fields, including agriculture, art, crafts, literature, medicine, military service, music, sports, and science; Whereas, on April 8, 1971, the First World Romani Congress met in London, bringing Roma together from across Europe and the United States with the goal of promoting transnational cooperation among Roma in combating social marginalization and building a positive future for Roma everywhere; Whereas April 8 is therefore celebrated globally as International Roma Day; Whereas Roma were victims of genocide carried out by Nazi Germany and its Axis partners, and an estimated 200,000 to 500,000 Romani people were killed by Nazis and their allies across Europe during World War II; Whereas, on the night of August 2–3, 1944, the so-called “Gypsy Family Camp” where Romani people were interned at Auschwitz-Birkenau was liquidated, and in a single night, between 4,200 and 4,300 Romani men, women, and children were killed in gas chambers; Whereas many countries are taking positive steps to remember and teach about the genocide of Roma by Nazi Germany and its Axis partners; and Whereas the United States Congress held its first hearing to examine the situation of Roma in 1994: Now, therefore, be it Resolved, That the Senate— (1) remembers the genocide of Roma by Nazi Germany and its Axis partners and commemorates the destruction of the “Gypsy Family Camp” where Romani people were interned at Auschwitz; (2) commends the United States Holocaust Memorial Museum for its role in promoting remembrance of the Holocaust and educating about the genocide of Roma; (3) supports International Roma Day as an opportunity to honor the culture, history, and heritage of the Romani people in the United States as part of the larger Romani global diaspora; and (4) welcomes the Department of State’s participation in ceremonies and events celebrating International Roma Day and similar engagement by the United States Government.
European Energy Security Post-RussiaTuesday, June 07, 2022
Russia is weaponizing energy to prolong its unlawful invasion of Ukraine. Unfortunately, the sanctions that Europe and the United States have put in place have not been enough to curb Russian aggression thus far and the European Union pays Russia almost a billion euros a day for energy resources—mostly gas— that fund the Russian war machine. Germany, in particular, has struggled to move away from its dependence on Russian gas. At the start of the Russian invasion of Ukraine, Germany imported 55 percent of its gas from Russia. As of June 2022, Russian gas imports had decreased to 35 percent, with a goal to decrease to 10 percent by 2024, but progress is slow and buying any energy from Russia means that Germany continues to fund their unlawful invasion. Dr. Benjamin Schmitt, Research Associate at Harvard University and Senior Fellow at the Center for European Policy Analysis, pointed to the resurgence of Ostpolitik, a German diplomatic theory which seeks to build relationships and spread good governance through trade. First introduced in the Cold War era, Ostpolitik was put into action once more in the early 2000s by former Chancellor Gerhard Schroeder, who became infamous for lobbying for Kremlin-backed projects in office and for sitting on the board of the Russian state-owned energy company, Gazprom, after leaving office. However, Russia attempted to leverage such projects, including the Nord Stream 1 project and its ultimately bankrupted predecessor, Nord Stream 2, to increase the vulnerability of Western Europe toward Russia. According to Dr. Constanze Stelzenmüller, Senior Fellow at Brookings Institution, domestic political will exists in Germany to diversify energy sources, even if most are wary of making those changes immediately. German polling shows that one-third of Germans are willing to cut off Russian gas immediately, while two-thirds would prefer a slow gradual decrease in gas. Dr. Stelzenmüller explained that if Germany were to immediately cut off Russian gas supplies, it is likely that a recession would affect not only Germany, but also many surrounding Eastern European countries, most of which have less capacity to manage a recession. She stated, “Much of [Germany’s] manufacturing supply chains go deep into Eastern Europe. So, a recession in Germany would absolutely produce a massive, and perhaps worse, recession in our neighboring economies.” Any actions taken against Russia should ensure that sanctions hit Russia harder than those countries imposing the sanctions. Mr. Yuriy Vitrenko, CEO of Naftogaz Ukraine, and Dr. Schmitt also emphasized the importance of the following recommendations outlined in the REPowerEU plan, the European Commission’s plan to make Europe independent from Russian energy before 2030, and the International Working Group on Russia Sanctions Energy Roadmap: Full European/US embargos on Russian gas. Creation of a special escrow account that will hold net proceeds due to Russia until the Kremlin ceases all hostilities. Diversification of energy dependance away from Russia through energy diplomacy that identifies other potential suppliers, like Qatar. Funding and construction of energy infrastructure around Europe. Termination of Gazprom ownership of all critical energy infrastructure in Europe. Designation of Russia as a state sponsor of terrorism, which would automatically trigger secondary sanctions on any country that imports Russian goods. Sanctioning of all Russian banks. Strengthening of Ukrainian capacity to participate in the energy sector through the creation of modern energy infrastructure during the post-war reconstruction period. Pass the Stop Helping America’s Malign Enemies (SHAME) Act, banning former U.S. government officials from seeking employment by Russian state-owned-enterprises, or Schroederization. Related Information Witness Biographies
European Energy Security Focus of Upcoming Helsinki Commission HearingThursday, June 02, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: EUROPEAN ENERGY SECURITY POST-RUSSIA Tuesday, June 7, 2022 2:30 p.m. Watch live: www.youtube.com/HelsinkiCommission The United States and European allies have largely cut Russia out of the global economy following its full-scale invasion of Ukraine. However, given European reliance on Russian natural gas and oil, sweeping energy sanctions have lagged. The European Union spends nearly a billion euros a day on Russian energy, and several EU Member States are struggling to wean themselves off Russian resources in order to implement a full embargo. This hearing will examine plans to create a Europe that is wholly free from Russian oil and gas. Witnesses will discuss the importance of a robust energy embargo to starving the Russian war machine; options to ensure that Ukraine’s energy needs are met; alternative sources of energy for Europe; and the perspective of Germany, which plays an outsize role as the most powerful economy in Europe and a primary consumer of Russian natural resources. The following witnesses are scheduled to participate: Yuriy Vitrenko, CEO, Naftogaz Ukraine Constanze Stelzenmüller, Senior Fellow, Brookings Institution Benjamin Schmitt, Research Associate, Harvard University; Senior Fellow, Democratic Resilience Program at the Center for European Policy Analysis
in the news
Russia Critics Press Congress for Curbing Moscow's Role in International GroupsWednesday, April 06, 2022
Critics of Moscow pressed lawmakers to sever remaining international connections with Moscow and punish what they called enablers of Russian President Vladimir Putin’s government—including Russian tycoons. “We recognize that the oligarchs are the appendages of Mr. Putin’s mafia state,” said Sen. Ben Cardin (D., Md.), the co-chairman of the Commission on Security and Cooperation in Europe, known as the Helsinki Commission, which held a hearing Wednesday on Russia's financial ties abroad. “I can’t wait to see police tape around mansions in Miami," said Sen. Sheldon Whitehouse (D., R.I.). Witnesses before the commission, a U.S. agency that has frequently scrutinized Moscow, sought to portray Russian billionaires and their network of lawyers and agents in the West as little different from Russian government employees and its lawyers abroad. Bill Browder, a prominent critic of the Kremlin’s human-rights record, called on the U.S. to withdraw from the mutual legal-assistance treaty that allows U.S. and Russian law enforcement to cooperate on investigations and secure witness testimony. Western countries should ban lawyers paid by the Russian government in one country from traveling to their countries, he said. The Kremlin used the Interpol international law-enforcement network in an effort to arrest Mr. Browder after his lawyer died in a Russian prison in 2009. Mr. Browder, who founded investment fund Hermitage Capital, said the U.S. and partner countries should seek to remove Moscow from Interpol or “basically threaten the funding of Interpol if Russia is not expelled.” Mr. Browder was the largest private investor in Russia until his expulsion from that country in 2005. Moscow should also lose its membership and face blacklisting by the Financial Action Task Force, a Paris-based intergovernmental body that audits the ability of nations to detect and disrupt illicit finance, said Daria Kaleniuk, co-founder of the Anti-Corruption Action Center in Ukraine. Mr. Browder and Ms. Kaleniuk were among five witnesses at the hearing.
Containing RussiaWednesday, March 23, 2022
Russian dictator Vladimir Putin’s war on the Ukrainian people is an urgent threat to European security and global peace. Should his destructive gambit succeed in Ukraine, Russia will have dramatically expanded its de-facto border with NATO—including through a soft annexation of Belarus—as well as its ability to destabilize the democracies of Central and Western Europe. Russian military success would threaten to draw a new iron curtain across Europe, dividing those protected by NATO’s security guarantees from those left exposed to Russian predation. This division could lead to significant remilitarization, a reappearance of Cold War tensions, and a reversion to historic cycles of European conflict. Beyond Europe, revisionist powers would be emboldened, and the United States and its Allies would be less able to deter them. On March 23, 2022, the Helsinki Commission heard testimony from a panel of witnesses who recommended ways to deter Russian dictator Vladimir Putin’s from further escalating his unprovoked attack on Ukraine. Helsinki Commission Chairman Sen. Ben Cardin (MD) opened the hearing by denouncing Mr. Putin as a war criminal, calling for accountability for the heinous war crimes currently being committed in Ukraine. He lauded the heroism of the Ukrainian people and recognized Ukraine’s President Volodymyr Zelensky as a champion of democracy. “They’re an inspiration to all of us,” he stated. “President Zelensky [is] there fighting for the sovereignty of Ukraine, but he’s also fighting for the sovereignty of the free world.” Ranking Member Sen. Roger Wicker (MS) welcomed the assistance the United States already has provided, while simultaneously calling for greater action. “I call on the President today, the Secretary of State, and the White House to unleash the full package of sanctions that are available to them,” he said, “and to enhance the weaponry that we have already made available to our friends in Ukraine.” Co-Chairman Rep. Steve Cohen (TN-09) and Sen. Richard Blumenthal (CT) pledged to support Ukraine and called for the facilitation of additional weaponry to the Ukrainian army and implementation of stronger economic sanctions of Russian oligarchs and their enablers. Before the witnesses testified, Ukrainian Ambassador to the United States Oksana Markarova addressed the commission, denouncing the Russian invasion of Ukraine as a violation of international law and a greater threat to the democratic world. “So what is happening in Ukraine is not only about Ukraine,” she asserted. “The very foundation of the world rule-based order, as we all knew and respected it after World War II, has been under attack today.” General Phillip Breedlove, former commander of U.S. European Command and NATO’s former Supreme Allied Commander Europe, testified that the Western response to Russia’s invasion has been almost entirely limited to economic measures, with no formidable action taken thus far in the diplomatic, informational, or military sphere. He supported the implementation of humanitarian corridors and humanitarian airlifts, both protected by NATO-enforced humanitarian no-fly zones. “We have allowed Mr. Putin to accomplish both the goals of deterring us and gaining initiative,” he stated. “I’m advocating that we and our Western partners reevaluate our strategic approach: Mr. Putin should be deterred, vice we in the West[HS1] . This requires moving away from a passive deterrent posture to affecting a more active deterrence.” Dr. Michael Kimmage, fellow at the German Marshall Fund and Department Chair at Catholic University of America, warned of historical precedents regarding containment of the Soviet Union, and how it applies contemporarily to Russia’s war in Ukraine. “Policy success should be measured not against maximalist dreams in which Putin, and with him Russian military power, exit the scene. Russian power is here to stay. Policy success should be measured against the much more achievable goal of containing this very power,” he said. Dr. Miriam Lanskoy, senior director for Russia and Eurasia at the National Endowment of Democracy, warned of the dangers of potentially isolating the Russian public from the global internet and media. She advocated for engaging with Russian citizens, while simultaneously opposing the Russian government. “Distinguish between Putin’s regime and its various enablers and the Russian people, preserve support and amplify the voices of Russian democrats now fleeing the country and those who remain inside,” she recommended. Related Information Witness Biographies
Doing MoreFriday, March 18, 2022
Russian dictator Vladimir Putin’s criminal war has enraged citizens of goodwill and galvanized support for Ukraine across the world. The United States has been a key supporter of Ukraine, providing weaponry, humanitarian relief, and other forms of urgent assistance, in addition to leveling crippling sanctions on Russia. However, Russian forces continue to bombard Ukrainian cities, targeting civilians and critical infrastructure. Russia’s brutal war is causing an unprecedented humanitarian catastrophe in Ukraine, and observers worry that Putin may next use chemical or other weapons of mass destruction. On March 16, President Zelenskyy appealed to the U.S. Congress to render additional aid to Ukraine, including the possibility of enforcing a no-fly zone. The briefing, held on March 18, 2022, explored the various military strategies available to the West in its defense of Ukraine. Panelists examined Ukraine’s militaristic capabilities, as well as the various risks associated with implementing military recommendations, such as humanitarian air corridors or NATO-enforced no-fly zones. Panelists at the briefing included General Wesley Clark, founder of Renew America Together and senior Fellow at the UCLA Burkle Center for International Relations; Dr. Stacie Pettyyjohn, senior fellow and director of the Defense Program at the Center for a New American Security; and Dr. Matthew Kroenig, director of the Scowcroft Strategy Initiative at the Atlantic Council. Helsinki Commission Senior Policy Advisor Michael Hikari Cecire moderated the briefing. Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) opened the briefing by reaffirming his support for the facilitation of transferring Polish fighter jets to Ukraine, as well as his confidence in the strength and capability of the Ukrainian military. “The Ukrainian army has proven to be [pretty good] at knowing what they can do with their equipment,” he said. “It’s a conflict between rule of law and rule of gun.” Mr. Cecire explained that despite Russia’s obvious military advantages, the Ukrainian military has thus far successfully stymied Russian aggression. Unfortunately, as Russian forces grow frustrated with their lack of military progress, they have become increasingly indiscriminate in their attacks, targeting innocent Ukrainian civilians, and bombarding critical infrastructure, such as shelters and hospitals. General Clark advocated for a humanitarian airlift, implemented with U.N. approval, and a no-fly zone, as requested by Ukraine. He asserted that Russian dictator Vladimir Putin will eventually strike NATO territory with missiles, and that Putin’s threats of nuclear escalation should not deter Western states from defending a rules-based international order. “There’s a fallacy here, that somehow NATO inaction will translate into Putin’s refusal to escalate. This is a logical fallacy,” he said. “Putin will escalate as necessary to obtain his objectives. So I’m trying to find a third course of action between Ukrainian defense and Russian escalation, which is to provide the firebreak of a humanitarian rescue mission assigned into various locations that puts a firebreak into the fighting that could lead to a ceasefire, that could lead eventually to, coupled with the sanctions, a Russian pullback and withdrawal.” Dr. Pettyjohn discussed the risks of implementing humanitarian no-fly zones or humanitarian corridors, deeming them potentially escalatory and ineffective. A better alternative, she argued, would be for the international community to arm the Ukrainian people with mobile short-, medium-, and long-range air defenses, and to continue to provide precision standoff weapons. “The international community should help Ukraine, but not by following the post-Cold War playbook of implementing a no-fly zone,” she stated. “Against Russia, a no-fly zone would be even more difficult to implement and may not succeed… and it raises the potential for limited, or even more extensive than that, nuclear use, which is not something that I ever want to see in my lifetime.” Dr. Kroenig addressed the risk of nuclear escalation, arguing that although Russia’s threat of utilizing nuclear weapons in Ukraine should not be dismissed, the United States and NATO can enhance military support to Ukraine without escalating the risk on nuclear war. He advocated for the creation of humanitarian corridors, while cautioning against the establishment of a no-fly zone. “When it comes to no-fly zones or humanitarian corridors, I think I might split the difference between Dr. Pettyjohn and General Clark. I do think a no-fly zone would run a real risk of escalation,” he said. “But I think something like a humanitarian corridor could work, supported by ground convoys.” Related Information Panelist Biographies
Options to Contain Russia to Be Explored at Helsinki Commission HearingFriday, March 18, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: CONTAINING RUSSIA Opposing Russian Imperialism in Ukraine and Beyond Wednesday, March 23, 2022 2:30 p.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission Russian dictator Vladimir Putin’s war on the Ukrainian people is an urgent threat to European security and global peace. Should his destructive gambit succeed in Ukraine, Russia will have dramatically expanded its de-facto border with NATO—including through a soft annexation of Belarus—as well as its ability to destabilize the democracies of Central and Western Europe. Russian military success would threaten to draw a new iron curtain across Europe, dividing those protected by NATO’s security guarantees from those left exposed to Russian predation. This division could lead to significant remilitarization, a reappearance of Cold War tensions, and a reversion to historic cycles of European conflict. Beyond Europe, revisionist powers would be emboldened, and the United States and its Allies would be less able to deter them. At this hearing, military experts and strategic thinkers will explore options for curtailing Moscow’s ability to wage war on Ukraine and neighboring states, especially those outside the protective umbrella of NATO. The hearing will begin with brief remarks by Ukrainian Ambassador to the U.S. Oksana Markarova. The following witnesses also are scheduled to testify: General (Ret.) Philip Breedlove, NATO’s Former Supreme Allied Commander Europe; Distinguished Professor of the Practice and CETS Senior Fellow, Georgia Tech Dr. Michael Kimmage, Former Policy Planning Staff, U.S, Department of State; Professor of History, The Catholic University of America; Fellow, German Marshall Fund of the United States Dr. Miriam Lanskoy, Senior Director for Russia and Eurasia, National Endowment for Democracy
By Erika B. Schlager
Counsel for International Law
In 1999, several Romani students from the Czech Republic brought a suit before the European Court on Human Rights alleging that their assignment to “special schools” for the mentally disabled was tainted by racial prejudice and therefore violated European human rights law. On February 7, 2006, a seven-member Chamber of the Court held that the applicants failed to prove that their placement in “special schools” was the singular result of intentional racial discrimination. The plaintiffs have 3 months to appeal to a 17-member Grand Chamber. Elsewhere in Central and Southern Europe, Roma are also pursuing efforts to achieve equal access to education.
During the Communist-era, many East European countries developed a practice of channeling Roma into schools for children with mental disabilities, called “special schools.” Critics have argued that this practice constitutes, de facto, a form of segregating Roma into a separate and inferior school system.
The Ostrava Case
“Unsatisfactory performance of Gypsy children in Czech and Slovak schools is often “solved” by transferring the children to special schools for the mentally retarded. During the school year of 1970-71 in the Czech lands alone, about 20% of Gypsy children attended these special schools as against only 3% of children from the rest of the population. According to psychological tests the great majority of these children should not be in these schools. This indiscriminate transferring of Gypsy children to these special schools, which is the general practice, reflects unfavorably on the whole Gypsy population. A child who “graduates” from such a school has the same standing as a child who did not finish his basic schooling. Access to better employment opportunities is closed. Even art schools are closed to them, while persons with special musical talent - not uncommon among Gypsies - are shunned. Musical and dance groups are interested in these talented persons, however, they cannot employ them.
“The main reason for the unsatisfactory performances of Gypsy children is the fact that there are no schools which teach Gypsy culture and try to develop it. The powers that be are, on the contrary, doing everything to suppress Gypsy culture and the media assists in this destruction by spreading lies, such as that Gypsy culture does not exist. Gypsy children are forced to attend schools where they are taught in the Czech or Slovak language and where, from the pictures in the primer, they get the impression that they are foreign, that they are second class citizens, without their own language, without a past and without a future.”
- Situation of the Gypsies in Czechoslovakia, Charter 77 Document No. 23, issued December 13, 1978 by Vaclav Havel and Dr. Ladislav Hejdanek, Charter 77 Spokesmen
In 1999, a group of Roma from Ostrava, the Czech Republic’s third largest city, brought suit against their government, alleging that their assignment to “special schools” for the mentally disabled was tainted by racial prejudice and therefore violated Czech national and constitutional law, as well as European human rights law.
At the time the case was brought, a number of Czech newspapers ran editorials indirectly espousing some form of school segregation. For example, one leading newspaper ran an article arguing that educating a “future plumber” and a “future brain surgeon” together ultimately benefits neither one.
On October 20, 1999, the Czech Constitutional Court rejected the plaintiffs’ claim. In the view of the court, it did not have the jurisdiction to address the broad pattern of discriminatory treatment alleged – allegations supported by compelling statistical evidence but no smoking gun that proved an explicit intent to discriminate against the individual plaintiffs.
Notwithstanding the Constitutional Court’s perceived jurisdictional inability to provide a remedy to the plaintiffs, the Court recognized “the persuasiveness of the applicants’ arguments” and “assume[d] that the relevant administrative authorities of the Czech Republic shall intensively and effectively deal with the plaintiffs’ proposals.”
Having exhausted their domestic remedies, the students then turned to the European Court of Human Rights in Strasbourg, an organ of the Council of Europe.
In connection with that suit, Case of D.H. and Others v. The Czech Republic, the Czech Government acknowledged that, nationwide, 75 percent of Czech Roma were channeled into special schools. In some special schools, Roma made up 80-90 percent of the student body. The Czech Government also acknowledged that “Roman[i] children with average or above-average intellect [we]re often placed in such schools” for children with mental disability.
In opposing the plaintiffs’ claims, the Czech Ministry of Education attempted to deflect an examination of whether their placement in schools for the mentally disabled was the result of racial bias by claiming (among other things) that Romani parents have a “negative attitude” toward education. This assertion was particularly ironic, given the lengths to which the plaintiffs’ parents were willing to go – all the way to Europe’s highest human rights court – to ensure their children could get a good education.
“In countries with substantial Romani communities, it is commonplace for Romani children to attend schools that are largely comprised of Roma or to be relegated to Roma classes within mixed schools. In its most pernicious form, segregation is achieved by routing Romani children into ‘special schools’ – schools for the mentally disabled – or into classes for mentally disabled children within regular schools”.
- Report on the Situation of Roma and Sinti in the OSCE Area, issued by the OSCE High Commissioner on National Minorities, 2000
Moreover, this broad sweeping generalization, originally made before the Czech Constitutional Court, was viewed by some as confirmation of racial prejudice in the Czech education system. Remarkably, it was repeated without comment in the European Court’s decision. Putting aside the bias reflected in the Ministry of Education’s assertion, there is no evidence demonstrating that a parent’s “negative attitude” results in actual mental disability in his or her children.
Meanwhile, the Czech Government adopted some changes to the law on special schools which came into effect on January 1, 2005 (Law No. 561/2004) and on February 17, 2005 (Decree No. 73/2005). To some degree, these changes were reactive to the issues raised by the Ostrava suit, including the criticisms of the procedures by which parental consent was purportedly obtained for the placement of children in special schools. Nevertheless, non-governmental groups monitoring this situation argue that the changes have not dismantled an education system that remains effectively segregated and that the changes fail to provide redress or damages for the Romani plaintiffs from Ostrava who were denied equal access to mainstream schools.
The case in Strasbourg was heard by a seven-member Chamber of European Court and resulted in a 6-1 decision. Significantly, the President of the Chamber issued a concurring decision, in which he stated that some of the arguments of the dissenting judge were very strong. He also suggested that in order to hold that there had been a violation of the Convention in this case, the Chamber might have to depart from previous decisions of the Court. In his view, overturning or deviating from past rulings is a task better undertaken by the Grand Chamber of the Court. The applicants have three months to decide whether to appeal this decision to a 17-member Grand Chamber.
While the underlying issues which led Roma to bring this suit still persist, there are many indications that prejudices against Roma in the Czech Republic have diminished since the Ostrava case was first heard by the Czech Constitutional Court. For example, when the European Court issued its holding in the case, a leading daily paper wrote that although the Czech Government “won” its case, there were still significant problems for Roma in the Czech educational system that needed to be addressed.
Limitations of the European Court Decision
Significantly, there were several issues the court did not address.
The suit in question was brought under Article 14 of the European Convention on Human Rights, which is the non-discrimination provision of the Convention, in conjunction with Article 2 of Protocol 1 to the Convention, which provides for a right to education. In essence, discrimination in education based on race, ethnicity or social origin is prohibited.
When interpreting this standard, the Court referred to previous cases in which it held that States party to the European Convention “enjoy a certain margin of appreciation in assessing whether and to what extent differences in otherwise similar situations justify a difference in treatment.” The Court also reiterated “that the setting and planning of the curriculum falls in principle within the competence of the Contracting States.” In short, while European Convention norms prohibit discrimination in education, States still have considerable discretion in designing their education programs. But while the Court reiterated this jurisprudence, it failed to indicate what is meaningfully left of Articles 14 and Protocol 1, Article 2? What threshold must be crossed before the court will actually determine that alleged discrimination takes a case out of the discretion of the States party to the Convention and brings it within the reach of the Court?
Two other issues the court did not address do not relate so much to the court’s own jurisprudence, but from parallel developments in European Union norms in the field of non-discrimination.
“The European Parliament [ . . . c]alls on Member States in which Roma children are segregated into schools for the mentally disabled or placed in separate classrooms from their peers to move forward with desegregation programmes within a predetermined period of time, thus ensuring free access to quality education for Roma children and preventing the rise of anti-Romani sentiment amongst school-children.”
- European Parliament resolution on the situation of the Roma in the European Union, adopted April 25, 2005
In 2000, the European Union adopted “Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin,” more commonly known as the “Race Directive.” The directive is binding on all current 25 Member States of the European Union and is intended to ensure a minimum level of protection from race discrimination in all EU countries in several areas, including education. (The fifteen countries that were EU members as of 2000 had until July 19, 2003, to transfer the directive into national law; applicant countries had until the date of their accession. The Czech Republic joined the EU in 2004 but, in fact, it has not yet adopted comprehensive anti-discrimination legislation. Legislation was introduced in the parliament in late 2005, but the draft was narrowly rejected by the Senate in January 2006.)
The Race Directive requires Member States to adopt comprehensive anti-discrimination legislation that, among other things, requires anti-discrimination legislation to include both direct and indirect discrimination. Indirect discrimination, which is at issue in the Ostrava case, is defined by the directive as occurring when “an apparently neutral provision, criterion or practice would put persons of a racial or ethnic origin at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are proportionate and necessary.” The legislation should also shift the burden of proof in civil cases from the plaintiffs to the defendants once a prima facie case of discrimination has been made.
Thus, the EU Race Directive anticipates exactly the kind of case the plaintiffs in the Ostrava case presented. Under the provisions of the directive, the overwhelming pattern of disparate treatment of Roma demonstrated by the plaintiffs should shift the burden of proof from them to the Czech Government. (Notably, the directive was not applicable to the Czech Republic at the time of the Constitutional Court’s decision.)
While the European Court of Human Rights does not adjudicate compliance with or implementation of the EU Race Directive, the Court’s overall approach to the Ostrava case appears to lag behind the legal developments in the European Union and, potentially, render the European Court a less effective vehicle for addressing discrimination than other existing or emerging tools in Europe.
Regional Issues and Trends
On November 27, 2003, the OSCE Permanent Council adopted “Decision No. 566, Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area.” In particular, that Action Plan calls on the participating States to “[e]nsure that national legislation includes adequate provisions banning racial segregation and discrimination in education and provides effective remedies for violations of such legislation.” In addition, participating States were urged to:
73. Develop and implement comprehensive school desegregation programmes aiming at:
(1) discontinuing the practice of systematically routing Roma children to special schools or classes (e.g., schools for mentally disabled persons, schools and classes exclusively designed for Roma and Sinti children); and
(2) transferring Roma children from special schools to mainstream schools.
74. Allocate financial resources for the transfer of the Roma children to mainstream education and for the development of school support programmes to ease the transition to mainstream education.
Thus, all OSCE participating States, including the Czech Republic, have agreed, in principle, to the goal of integrating Roma in education and eradicating de facto segregated school where it may exist.
In 2004, the European Roma Rights Center issued a report, Stigmata: Segregated Schooling of Roma in Central and Eastern Europe, examining the experiences of five countries (Bulgaria, the Czech Republic, Hungary, Romania, and Slovakia). The report describes the most common ways of segregating Romani children from non-Roma: channeling Roma into “special schools” for children with developmental disabilities; the de facto segregation that goes hand-in-hand with existence of Romani ghettos; having mixed-population schools where Romani children are segregated into all-Romani classes; and the refusal of some local authorities to enroll Romani children in mainstream schools. The report concludes that, unfortunately, “with the exception of Hungary, concrete government action aimed at desegregating the school system has not been initiated to date.”
In addition to the countries examined in Stigmata, the European Roma Rights Center has reported on unequal access to education for Roma in other countries, including Greece and Denmark. In a 2004 Danish case, Roma were placed into separate classes in one particular locality. Following complaints from a Romani non-governmental organization, the Danish Ministry of Education intervened to end this practice. In the case of Greece, the Greek Helsinki Monitor has reported on several localities where Roma are denied equal access to schools. These cases remain unresolved.
In Hungary and Bulgaria, some efforts to litigate this issue have made their way into the courts, with mixed results.
“Education is a prerequisite to the participation of Roma and Sinti people in the political, social and economic life of their respective countries on a footing of equality with others. Strong immediate measures in this field, particularly those that foster school attendance and combat illiteracy, should be assigned the highest priority both by decision-makers and by Roma and Sinti communities. Educational policies should aim to integrate Roma and Sinti people into mainstream education by providing full and equal access at all levels, while remaining sensitive to cultural differences.”
- OSCE Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, 2003
In October 2004, the Budapest Metropolitan City Court of Appeals upheld a lower court decision ordering a primary school and the local government of Tiszatarjan to pay damages to nine Romani families whose children were wrongly placed in “special schools” between 1994 and 1999. In June 2005, a court dismissed a case brought against the Miskolc Municipality alleging city-wide segregation. A Hungarian non-governmental organization which assisted in filing the suit, Chance for Children Foundation, is appealing. Other legal disputes continue to surround a self-proclaimed “private school” in Jaszladany (established at least in part with municipal resources). A study commissioned by the Ministry of Education found the “private school” violated the law and contributed to racial segregation.
Notwithstanding some recent government initiatives to address this problem in Hungary, desegregation initiatives have met resistance in significant quarters. Former Prime Minister Victor Orban (who also heads of Hungary’s largest opposition party, FIDESZ), argued in a speech on January 29, 2006, that integrated schooling should not be mandatory, but left to local officials and parents to “choose” or reject. In fact, the greatest resistance to integrated schooling often comes at the local level.
In Bulgaria – where the government continues to deal with Roma through an office for “demographic issues” – efforts to address the causes of segregation have largely originated with the non-governmental community. Particularly promising results have been achieved in Viden, where community-based efforts, supported by international non-governmental organizations, have resulted in integrating Roma and ethnic Bulgarian school children. Efforts to replicate that program elsewhere, however, have not been embraced by the government.
In addition, in a landmark holding, the Sofia District Court held on October 25, 2005, that the Bulgarian Ministry of Education, the Sofia Municipality and School Number 103 of Sofia violated the prohibition of racial segregation and unequal treatment provided in Bulgarian and international law. In welcoming that ruling, the European Roma Rights Center declared, “After a period of 51 years, the soul of Brown v. Board of Education has crossed the Atlantic.”