Wicker and Cardin Urge Pompeo to Work with EU High Representative to Advance EU Magnitsky SanctionsMonday, May 11, 2020
WASHINGTON—In a letter released today, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) urged U.S. Secretary of State Mike Pompeo to ask the EU’s High Representative for Foreign Affairs and Security Policy, Josep Borell, to expedite the adoption of EU sanctions on human rights abusers, include provisions for sanctioning corruption, and ensure that the EU sanctions regime bears Sergei Magnitsky’s name. The letter reads in part: “In this time of global crisis, dictators and kleptocrats are only increasing their bad actions, making it more important than ever that the EU move quickly to make the EU Magnitsky Act a reality... “It has become clear that corruption and human rights abuse are inextricably linked. The lack of provisions to sanction corruption would weaken the comprehensive Magnitsky approach. It would also lead to difficulties synchronizing U.S. and EU sanctions by enabling corrupt officials barred from the United States to continue operating in the EU, thus diminishing our deterrent and increasing Europe’s vulnerability to exploitation... “It was Sergei Magnitsky who started this very effort to end impunity for human rights abusers and corrupt officials. Omitting the name of Magnitsky, who was jailed, tortured, beaten, murdered, and posthumously convicted, would indicate a lack of resolve to stand up to brutal regimes around the world.” The U.S. Global Magnitsky Human Rights Accountability Act, which authorizes the President to impose economic sanctions and deny entry into the United States to any foreign person he identifies as engaging in human rights abuse or corruption, has been an important asset in the U.S. diplomatic toolkit. In December 2019, High Representative Borrell announced that all Member States unanimously agreed to start preparatory work for an equivalent of Global Magnitsky, adding that such a framework would be “a tangible step reaffirming the European Union’s global lead on human rights.” The Baltic States, Canada, and the UK already have adopted similar legislation. However, the current proposal for an EU Magnitsky Act does not include sanctions for officials involved in corruption, nor does it include any reference to Sergei Magnitsky by name. The full text of the letter can be found below: Dear Mr. Secretary, As the original sponsors of the Magnitsky Act, we aim to increase the impact of the legislation worldwide by encouraging our allies to join us in sanctioning bad actors. At the moment, the European Union (EU) has agreed in principle to adopt their own sanctions similar to those provided by the Global Magnitsky Act, but certain issues remain. Therefore, we ask that you work with Josep Borrell, High Representative of the EU for Foreign Affairs and Security Policy, to ensure the EU adopts and implements the most thorough and effective sanctions package possible. Our first concern is that the EU seems to have stalled in putting together the details of their Magnitsky sanctions regime because of the global health crisis. In December, High Representative Borrell announced that there was political agreement to move forward on a Magnitsky-like piece of legislation, which his team would begin drafting. Since then, we fear this work has been sidelined. In this time of global crisis, dictators and kleptocrats are only increasing their bad actions, making it more important than ever that the EU move quickly to make the EU Magnitsky Act a reality. Our second concern is that the proposal for an EU Magnitsky Act does not include sanctions for officials involved in corruption. It has become clear that corruption and human rights abuse are inextricably linked. The lack of provisions to sanction corruption would weaken the comprehensive Magnitsky approach. It would also lead to difficulties synchronizing U.S. and EU sanctions by enabling corrupt officials barred from the United States to continue operating in the EU, thus diminishing our deterrent and increasing Europe’s vulnerability to exploitation. Finally, we are concerned that the EU is not planning to include Magnitsky’s name on the sanctions regime. It was Sergei Magnitsky who stood up to a ruthless, violent, and corrupt state and demanded fairness and accountability for his fellow citizens. And it was Sergei Magnitsky who started this very effort to end impunity for human rights abusers and corrupt officials. Omitting the name of Magnitsky, who was jailed, tortured, beaten, murdered, and posthumously convicted, would indicate a lack of resolve to stand up to brutal regimes around the world. Therefore, we request that you ask the High Representative Borrell to expedite the adoption of their sanctions, include provisions for sanctioning corruption, and ensure that the EU sanctions regime bears Sergei Magnitsky’s name. It is important that we do not let our guard down and continue our global leadership in this important area. Sincerely, Benjamin L. Cardin Roger F. Wicker Ranking Member Co-Chairman
Respecting Human Rights and Maintaining Democratic Control during States of EmergencyFriday, May 08, 2020
Statement at the OSCE Parliamentary Assembly Webinar: Respecting Human Rights and Maintaining Democratic Control during States of Emergency President Tsereteli, Secretary General Montella, it is good hear from you. I am pleased to see that this Assembly has found ways to communicate, cooperate and collaborate — in spite of the distances that keep us apart, and as an expression of our shared commitments to our roles as legislators. At last year’s annual session, I was the lead sponsor of a supplementary item on “the role of civil society — individuals and non-governmental organizations — in realizing the aims and aspirations of the OSCE.” The resolution we adopted in Luxembourg acknowledges the critical role civil society plays in enhancing security and cooperation across all OSCE dimensions. I appreciate President Tsereteli appointing our colleague, the Honorable Pia Kauma, as the Assembly’s Special Representative to be an advocate for civil society engagement and she has done a great job so far. I am sorry, but not surprised that some governments have taken the need for emergency measures as an opportunity for repressive measures. Hungary is the only OSCE participating State that does not have a sunset clause for the expiration of its emergency measures, or requiring parliamentary approval for an extension. Parliamentary oversight is absolutely essential, especially when governments seek to exercise extraordinary powers. I believe we must also pay particular attention to those measures that relate to freedoms of assembly, association, and expression. I am also troubled by the heavy-handed disciplinary and punitive approach utilized in some areas, which exacerbates existing discriminatory and unconstitutional policing. I want to thank you, Director Gisladottir, for your attention to this and speaking out against the hate crimes and scapegoating of minorities, refugees and migrants. In the next legislation that will come before the U.S. Congress, I will support provisions to address hate crimes and other forms of discrimination in our societies recently highlighted by the pandemic. The February 25 profiling murder of Ahmaud Aubrey by his neighbors in the state of Georgia demonstrates the urgency of our fight for equity and justice for all beyond our current crisis. But I would like to pause here for a moment, to reflect on violations of fundamental freedoms that some governments had already imposed even before now. If a law or practice violated OSCE human rights and democracy norms before the pandemic, circumstances now will surely not cure that violation. Threats against journalists, restrictions on academic freedom, imprisoning people for their political views, and impeding or even criminalizing NGOs’ access to and communication within and outside their own countries — all of that is still inconsistent with OSCE commitments, and the pandemic does not change that. Principle VII of the Helsinki Final Act still holds: individuals still have the right to know and act upon their rights. I therefore add my voice to the international calls from OSCE institutional bodies and others around the world for the release of all prisoners of conscience given this pandemic. Prison populations are particularly susceptible to community spread. To address dangerous overcrowding, governments should work first and foremost to release those imprisoned for exercising their internationally recognized rights or those wrongly imprisoned contrary to international commitments. I regret Turkey's decision in particular to approve a plan to release 90,000 prisoners that excluded relief for any of the thousands of political prisoners, including opposition politicians, civil society activists, employees of U.S. diplomatic missions, and many more. Which brings me back to the important work of Special Representative Kauma. Civil society is not a luxury, it is essential. If anything, it becomes even more important during an emergency when governments may legitimately exercise powers, but those powers may not be unlimited, unchecked, or unending. A vibrant civil society plays a critical role in holding governments to account, particularly at times of great social stress. Those human rights groups, the parent-teacher organizations, book clubs, or food banks— all enrich our societies. Colleagues, this pandemic has upended elections across the OSCE region. According to the OSCE Parliamentary Assembly’s factsheet, forty OSCE participating States — including my own — have elections scheduled for this year. As we all rise to meet the challenge of conducting elections safely, we must maintain transparency regarding the entire electoral process, especially any changes to the timing of elections, methods of voting, or measures that impact campaigning. The United States is already debating these issues in preparation for November. Even in a pandemic, international and domestic election observation remains vital. We must find a solution to ensure that they are engaged and included even now.
Remarks from Sen. Cardin Concerning COVID-19 Emergency ResponsesFriday, May 08, 2020
OSCE PA Webinar: Respecting Human Rights And Maintaining Democratic Control During States of Emergency Thank you, Mr. President Tsereteli and Secretary General Montella, for organizing this dialogue. Director Gisladottir and Mr. Abramowitz, thank you for the work each of you is doing to shine a light on the human rights and democracy implications of emergency measures introduced in response to the COVID-19 pandemic, as well as the implications of other government actions taken during this public health crisis that may threaten the health of our democracies. As parliamentarians, we have a responsibility to ensure that the measures we introduce and which our governments implement are consistent with OSCE standards on human rights and democracy, including the 1991 Moscow Document’s commitments regarding states of emergency. Those actions must be necessary, proportional, transparent, and temporary. Emergency provisions which restrict freedom of speech or freedom of the media are especially concerning and may actually undermine our efforts to address this health emergency. We need to ensure that journalists, medical professionals, scientists and others can provide the public with information we need to battle covid. Muzzling independent voices undermines public confidence in government at a time when that confidence and public cooperation is critical to the success of the safety measures we need. And yes, sometimes this means governments are going to hear they they’re not getting it right and sometimes governments will need to make course corrections. But there’s a big difference between addressing bad news and suppressing bad news. A robust civil society is a critical partner to each of our governments and will strengthen our resilience. Unfortunately, just this virus exploits vulnerabilities of pre-existing conditions, some governments may exploit the human rights limitations already in place before this pandemic, including laws or practices that unduly restrict civil society, or limit the freedoms of expression, association, or assembly. President Tseretelli, your appointment of a Special Representative on Civil Society last August could not have come at a more important time. I hope members of this assembly will advance efforts to protect the core fundamental freedoms that are essential for civil society voices to be heard and support the work of my colleague, Special Representative Pia Kauma. We also need to ensure that civil society voices continue to be heard within the OSCE. As we look ahead to how the participating States organize human dimension activities this year, and particularly the annual Human Dimension Implementation Meeting, it is critical that we preserve the access and openness that have made the OSCE such an important forum for human right defenders. Whether OSCE meetings are in person or online, those standards of access should be preserved. Finally, democratic institutions, including as the rule of law, the independence of the judiciary, and free elections, must be preserved even during states of emergency. I think this is really one of the most important contributions of the 1991 Moscow Document — it speaks to these exact points: “A state of public emergency may not be used to subvert the democratic constitutional order.” “The participating States will endeavor to ensure that the normal functioning of the legislative bodies will be guaranteed to the highest possible extent during a state of public emergency.” “The participating States will endeavor to ensure that the legal guarantees necessary to uphold the rule of law will remain in force during a state of public emergency.” We may need to make changes in how our courts hear cases or the mechanics of our elections. But a health emergency does not diminish our commitment to ensure the integrity of our democratic institutions. The United States will proceed with our elections in a manner that ensures the public’s safety and respects the rights of voters, and consistent with our OSCE commitments. Thank you.
Chairman Hastings and Co-Chairman Wicker Commemorate World Press Freedom DayFriday, May 01, 2020
WASHINGTON—Ahead of World Press Freedom Day on May 3, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statements: "Given these uncertain and unprecedented times, it is more important than ever that journalists and media professionals are able to work freely and without retribution," said Chairman Hastings. "Unfortunately, journalists remain in jail throughout the OSCE region, while states like Russia, Azerbaijan, and Hungary criminalize providing essential information and transparency about the COVID-19 pandemic. Independent media continues to be assaulted under the pretense of punishing allegedly 'false,' 'misleading,' or unofficial information. This is unacceptable." Read Chairman Hastings' full Congressional Record statement. “Journalists across the globe risk their safety, and some even their lives, to report the truth," said Co-Chairman Wicker. "On World Press Freedom Day, we honor a freedom that is a cornerstone of democracy and should always be protected in any healthy society. During this pandemic, good journalism and unflinching investigative reporting are essential as we work to mitigate the effects of the coronavirus and get our economies started again. Now more than ever, I urge all OSCE states to uphold this fundamental freedom." According to the latest reports from the Committee to Protect Journalists, 250 journalists are imprisoned worldwide for their work, 64 journalists are missing, and 1,369 journalists have been killed since 1992. Additionally, Reporters Without Borders' 2020 World Press Freedom Index found that global press freedom has deteriorated by 12 percent since 2013. Ahead of World Press Freedom Day, OSCE Representative on Freedom of the Media Harlem Désir, along with the United Nations Special Rapporteur on Freedom of Opinion and Expression and the Organization of American States Special Rapporteur on Freedom of Expression, issued a joint declaration on freedom of expression and elections in the digital age, particularly noting challenges to press freedom during the COVID-19 pandemic. On April 17, Chairman Hastings and Co-Chairman Wicker released a statement expressing concern with the latest attacks on press freedom in Russia amid the coronavirus pandemic, including death threats to Russian journalist Yelena Milashina by Chechnya’s leader Ramzan Kadyrov. Earlier in April, Chairman Hastings also denounced the unchecked power granted to Hungarian Prime Minister Viktor Orban following his request to rule by decree in response to the COVID-19 pandemic.
Statement at the Meeting of the OSCE Parliamentary Assembly BureauMonday, April 27, 2020
Mr. President, Secretary General Montella, thank you for giving me the opportunity to participate in this Bureau meeting. I commend you for your efforts to ensure that the work of the Assembly continues and that this body responds to the urgent challenges all of our countries face. I particularly welcome the information you have put online about the participating States’ responses to the covid-19 pandemic and the role of legislative bodies in formulating those responses. Parliamentary oversight is essential, not expendable, in an emergency. Since my last report in Luxembourg, I have focused on the profound threat of rising and increasingly deadly intolerance. Anti-Semitic, racist and xenophobic attacks in my own country, at the Tree of Life Synagogue in Pittsburgh and the targeted killings of Latin Americans in El Paso, Texas, underscore the urgency of this threat. Obviously, the pandemic creates new and additional challenges. But it is precisely at this moment that we cannot afford to lower our guard against discrimination and bigotry, when pandemic fears may fan the flames of intolerance. Minority and immigrant communities are already more vulnerable to the impact of the pandemic because of past inequalities. Those disparities may be compounded without appropriately targeted healthcare and economic responses. Covid-caused disruptions in education may also have long-term disproportionate consequences for those already impacted by discriminatory schooling. As parliamentarians, we have a responsibility to ensure that the measures we introduce and which our governments implement are consistent with OSCE standards on human rights and democracy, including the 1991 Moscow Document’s commitments regarding states of emergency. It is also vital that our parliamentary oversight extends to the use of military authorities and policing, which may have the potential to exacerbate relations with minority communities and erode public confidence in government at a time when that trust is critical for the effective implementation of responses to this virus. Disciplinary and punitive policies by national or local authorities run the risk of backfiring. As this body’s special representative on anti-Semitism and racism, I am alarmed by attacks on people who are being scapegoated for this virus. Parliamentarians should lead by example in countering disinformation, conspiracy theories, and other propaganda that stokes anti-Asian bigotry, xenophobia, anti-Semitism, and other forms of racism. In the face of an extraordinary threat, people may feel that ordinary constraints on governments do not apply. But too often, temporary changes introduced for emergencies have a way of becoming permanent. I welcome the statements by my Third Committee colleagues that have called for the participating States’ responses to meet the basic tests of necessity, transparency, and proportionality. It is also crucial that they include sunset provisions and subject to periodic review. When democratic norms erode, protections against hate crimes do too. Mr. President, I will be reporting more fully on my activities later this year at a more opportune time, when we will all be able to assess the very fluid, unfolding challenges. Covid-19 will undoubtedly lead to profound changes in all our countries for a long time to come. I thank you and my colleagues here today for the work you are doing to ensure that we meet a global crisis with global cooperation faithful to the commitments we have undertaken in the OSCE.
Hastings, Wicker, Moore, and Hudson Mark the Third Anniversary of Joseph Stone’s Death in UkraineThursday, April 23, 2020
WASHINGTON—Three years after the death of Joseph Stone, a U.S. paramedic serving with the OSCE Special Monitoring Mission (SMM) in Ukraine, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) recalled Stone’s tragic death in the Russia-driven conflict and lamented the suffering of civilians who remain the chief victims of Kremlin aggression. Stone was killed on April 23, 2017, when his vehicle struck a landmine in Russian-controlled territory in eastern Ukraine. “Another year has passed since Joseph Stone lost his life, and still Moscow’s war in eastern Ukraine rages on,” said Chairman Hastings. “Stone was killed as he helped document the senseless human suffering inflicted by the Kremlin’s assault on Ukraine. Even amidst a global pandemic, we must not forget the civilians with courage like Stone, who remain on the frontlines of conflict zones globally.” Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) underlined the Russian Government’s responsibility for the war’s ongoing toll and affirmed that the Kremlin would continue to face consequences for its aggression. “The Kremlin continues to fuel this war while denying its direct involvement,” said Co-Chairman Wicker. “Joseph Stone’s death three years ago was a direct result of Russian aggression, which is only part of Vladimir Putin’s broader campaign against Ukraine. Our sanctions will remain in place until Moscow changes course and Ukraine’s territorial integrity is restored.” Helsinki Commissioner Rep. Gwen Moore (WI-04) celebrated Stone’s contributions to regional security and condemned the threats OSCE monitors continue to face in the field. “Born in my district in Milwaukee, Joseph Stone was a courageous young man whose life tragically ended much too soon. All OSCE states, including Russia, must do everything possible to support the OSCE monitors who, to this day, face unacceptable threats and restrictions as they shine a light on the daily cost of this needless war,” said Rep. Moore. Helsinki Commissioner Rep. Richard Hudson (NC-08), who also chairs the OSCE Parliamentary Assembly Committee on Political Affairs and Security, called for the immediate lifting of new, baseless restrictions imposed by Russian-led forces under the pretext of COVID-19. “Even as OSCE monitors seek to report on the COVID-19 outbreak’s impact on vulnerable populations, Russian-controlled forces are using so-called quarantine restrictions to deny them access,” Rep. Hudson said. “The increasing limitations by Moscow-led forces also stall crucial humanitarian shipments and services by international organizations. This obstruction and harassment must cease immediately.” The SMM was established in 2014 to monitor implementation of the Minsk agreements, which were designed to bring peace to eastern Ukraine. It is an unarmed, civilian mission that serves as the international community’s eyes and ears on the security and humanitarian situation in the conflict zone. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia, and Ukraine. It currently fields roughly 750 monitors, approximately 600 of whom are in the Donetsk and Luhansk regions of Ukraine. The United States supports the SMM by providing 54 monitors (the largest contingent) and has contributed more than $140 million to the mission since its inception.
Ongoing Transatlantic Engagement through the OSCE Parliamentary AssemblyFriday, April 17, 2020
Madam SPEAKER, I rise to today to update my Congressional colleagues on continued discussions between members of the Organization for Security and Co-operation in Europe (OSCE) Parliamentary Assembly. I would also like to share the desire of our international friends and allies to remain engaged with the United States during these challenging times. My colleagues who serve with me on the U.S. Helsinki Commission and remain active include Representative Alcee Hastings of Florida, Representative Joe Wilson of South Carolina, Representative Steve Cohen of Tennessee, Representative Robert Aderholt of Alabama, Representative Gwen Moore of Wisconsin, Representative Chris Smith of New Jersey, as well as Senator Wicker of Mississippi and Senator Cardin of Maryland. As the United States Delegation to the OSCE Parliamentary Assembly, we recognize the importance of building partnerships with our counterparts from other countries especially during such unprecedented times. As the Chairman of the Committee on Security, I recognize multilateral diplomacy works to U.S. interests when we take the initiative. Parliamentarians have a special role to play as elected officials in this process, showing the depth of each of our country’s commitment to security and cooperation not only in Europe, but around the globe. During our most recent video conference, Italian Minister for European Affairs, Vincenzo Amendola, joined to update us on Italy’s response to COVID-19. He stressed the need for continued cooperation in response not only to the health threat but also to the economic havoc the pandemic has caused. Shortly after our video conference concluded, Secretary of State Mike Pompeo announced the United States will provide an additional $225 million in health, humanitarian and economic assistance to boost response efforts worldwide. This is in addition to the $274 million already deployed to fight COVID-19. In the past two decades, the Secretary noted, the United States has provided $140 billion in health assistance globally, helping to make us an undisputed leader in health and humanitarian aid. Some of this aide has been to countries in Europe, including Italy. I would add that this is not only a reflection of our country’s unmatched generosity over the decades, but our national interest as well. Many of the health threats we have faced come from beyond our borders, including COVID-19, and we have an interest in trying to respond effectively to those threats where they first develop, before they reach our shores. A final outcome of the recent video conference was endorsement of United Nation Secretary General Antonio Guterres’ recent call for a ceasefire regarding conflicts around the globe at this time when countries need to face a common pandemic threat. The Helsinki Commission provides Members of Congress with the opportunity to work with our friends and allies around the globe to promote our shared democratic values and work in a bipartisan fashion on core foreign policy issues. While our calls have been focused on fighting COVID-19 we are still tracking other international conflicts. For example, during the video conference I, along with other parliamentarians, raised the issue of the unwarranted Russian aggression in Ukraine and Georgia. I am encouraged by the level of engagement from my OSCE Parliamentary Assembly colleagues and will continue to work with them through this global pandemic. Madam SPEAKER, please join me today recognizing the importance of these discussions with our European allies and friends.
Chairman Hastings Marks International Roma Day, Notes Consequences of Systemic Racism Exposed by PandemicWednesday, April 08, 2020
WASHINGTON—To mark the occasion of International Roma Day on April 8, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “This year, we sadly must put aside many of the annual celebrations of Romani art, culture, music, and heritage that usually mark International Roma Day, and instead address the urgent concerns exposed by a global pandemic. “This health crisis has spotlighted many of the consequences of systemic racism long faced by Romani communities. Unequal access to care—or in some cases even basic sanitation and clean running water—puts not only Roma but also other socially excluded groups in great danger of infection. Now more than ever, governments must ensure that all members of society have permanent access to healthcare, functioning sanitation facilities, and clean water. “In addition, around the world—even in our own country—there are those who seek to use this crisis to fan the flames of bigotry. We must not tolerate or excuse such discrimination on the basis of fear. Stoking racism and xenophobia will not make us healthier or stronger. It will only divide and weaken us at a time when unity is most needed. “To successfully counter COVID-19, OSCE participating States must work with local community representatives to build trust, enhance the transparency of national initiatives, and bolster participation in critical public health efforts. Roma and other marginalized groups must not be forgotten. To quote from the OSCE Action Plan, ‘for Roma, with Roma.’” In the April 2020 episode of the Helsinki Commission’s “Helsinki on the Hill” podcast, Romani scholar and activist Dr. Margareta Matache discussed the state of Roma rights in Europe, as well as resolutions introduced by Helsinki Commission leaders to celebrate Romani American heritage. In April 2019, Chairman Hastings, Co-Chairman Sen. Roger Wicker (MS), Rep. Steve Watkins (KS-02), and Ranking Helsinki Commissioner Sen. Ben Cardin (MD) introduced resolutions in the U.S. House of Representatives (H.Res.292) and the U.S. Senate (S.Res.141) celebrating Romani American heritage. In 2003, OSCE participating States adopted an “Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area.” These guidelines—recommendations for participating States and OSCE institutions—are intended to combat racism and discrimination; ensure equal access and opportunities in education, employment, housing, and health services; enhance Romani participation in public and political life; and address issues relating to Roma in conflict and post-conflict situations.
Expressing the United States’ Solidarity with Friends and Allies in EuropeTuesday, April 07, 2020
Madam SPEAKER, I rise to report discussions I had last week during a video conference with members of the Organization for Security and Co-operation in Europe (OSCE) Parliamentary Assembly, and their response to COVID-19. Let me stress at the outset that our country has not only treaty-bound allies in Europe, but genuine friends. Our friends and colleagues abroad welcomed Senator Roger Wicker and my participation on behalf of the United States to discuss how we will continue our important duties amidst the dire situation facing the globe. I reported on the increasingly dire situation here in the United States and the efforts of the U.S. Congress to provide relief to our citizens. We all expressed solidarity with each other and a determination to move forward. Every country in Europe is affected by this pandemic, Madam Speaker, just as every state in the United States is affected. The President of the Lombardy in Italy spoke about the particularly critical situation his region is facing. In a crisis like this, while we have our primary responsibilities here at home, it is imperative we continue to help our international friends and partners. I assured our partners that the United States will continue to support our allies and provide considerable assistance to public health worldwide. Such expressions of transatlantic unity, in my view, are important in times like these. They give our European friends and allies the confidence they need to move forward. It also helps to counter the considerable amount of misinformation and misperception currently spreading and dispel the malign influence attached to offers of help and friendship from elsewhere around the globe. We cannot let ulterior motives divide and weaken our ties at this time of vulnerability. In spite of this crisis, other threats to European security have not gone away. Russian aggression against its neighbors, terrorist threats, and protracted conflicts in Eastern Europe and the Caucasus all still exist, requiring our continued attention. Much of our parliamentary conversation focused on how we can address these continual challenges we face while we are unable to meet and deliberate in person as scheduled. Despite the uncertainty, the OSCE Parliamentary Assembly will find a way and with a little creativity, will continue having these important discussions. A final point made in the video conference is the need to defend our democratic principles and human rights in a time where restrictions and limits are imposed that could be abused. Our country defended Europe from tyranny last century, so it is rewarding to see our friends and allies determined to preserve those gains moving forward into this century. Madam Speaker, we have the capacity to address the ongoing threats to our security even as we address this unprecedented public health crisis amidst an economic downturn. The bicameral group of legislators who serve on the U.S. Helsinki Commission do so in a bipartisan way, and when we participate in the OSCE Parliamentary Assembly, we do so with our European friends and allies in this effort. I concluded from my discussions last week that more difficult times may lie ahead, but by working together, we will persevere. Madam SPEAKER, please join me today recognizing the importance of these discussions with our European allies and friends. Thank you, Madam SPEAKER. I yield back the balance of my time.
Chairman Hastings Denounces Unchecked Power Granted To Hungary’s Prime Minister OrbanThursday, April 02, 2020
WASHINGTON—Following the Hungarian Parliament’s decision on Monday to accept Prime Minister Viktor Orban’s request for unlimited power to rule by decree in response to the coronavirus pandemic, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “Prime Minister Orban has taken gross advantage of the fear and uncertainty brought on by a global pandemic to secure the power to rule by decree in perpetuity. Instead of focusing on the well-being of Hungarian citizens likely to suffer from the coronavirus, he has chosen to prioritize preserving his parliamentary majority and permanently consolidating his control of the Hungarian Government. “At both the global and national levels, defeating the coronavirus will require extraordinary social solidarity, not unchecked executive power. The further concentration of powers in Hungary will only pave the way for the further concentration of corruption.” Among other provisions, the new law allows for up to a five-year prison sentence for spreading false or distorted information regarding the fight against the coronavirus, which could be used against journalists reporting on the state of Hungary’s hospitals or health care delivery. The law also suspends elections. Hungary has recently completed a cycle of elections (parliamentary, European Parliament, and municipal) with no other major elections scheduled until 2022. In the meantime, by-elections and referenda are prohibited. The law, which lacks a sunset clause, may only be repealed by a two-thirds vote of parliament, or terminated by the Prime Minister himself. In 1991, Hungary—along with all other OSCE participating States—adopted the Moscow Document in the aftermath of a coup attempt in Russia. The agreement includes specific provisions on states of emergency. In particular, the OSCE participating States agreed to “in conformity with international standards regarding the freedom of expression, take no measures aimed at barring journalists from the legitimate exercise of their profession other than those strictly required by the exigencies of the situation.” On March 30, OSCE Office for Democratic Institutions and Human Rights (ODIHR) Director Ingibjörg Sólrún Gísladóttir warned that emergency legislation being adopted by governments across the OSCE region, including Hungary, must include a time limit and guarantee parliamentary oversight. Since 2010, Viktor Orban has systematically dismantled a system of checks and balances, facilitating the consolidation of control by the Fidesz government. In April 2019, the Helsinki Commission hosted a briefing to explore developments in Hungary, including issues related to the rule of law and corruption.
in the news
E.U. Tries Gentle Diplomacy to Counter Hungary’s Crackdown on DemocracyTuesday, March 31, 2020
European leaders were reluctant to pick a fight with Prime Minister Viktor Orban a day after he secured powers to rule by decree indefinitely. BRUSSELS — The European Union’s written response to Hungary’s effective suspension of democracy omitted one important word: Hungary. A day after the Hungarian Parliament passed sweeping emergency measures allowing the far-right populist leader Viktor Orban to rule by decree indefinitely, ostensibly as part of the country’s response to the coronavirus, the European Commission on Tuesday reminded its members to respect rights. But it was a muted first response from the one institution that can take on Mr. Orban, and it appeared aimed at balancing the political imperative of cooperation in the era of the coronavirus with the risk of emboldening him. “It’s of utmost importance that emergency measures are not at the expense of our fundamental principles and values,” Ursula von der Leyen, the president of the European Commission, said in a statement that made no mention of Mr. Orban or Hungary. The European Commission is the European Union’s executive branch, and it often describes itself as “the guardian of the treaty” that created the bloc of 27 democracies. But Mr. Orban has long been in an open struggle with parts of that treaty. He has said frankly that he does not believe in liberal democracy — which the European Commission says is fundamental to the European Union’s values. The severe measures adopted Monday in Budapest may dramatically ratchet up the confrontation between the Orban government and European Union institutions in Brussels. Hungary’s new legislation suspends elections and also allows the prime minister to suspend existing laws and rule by decree. One vaguely worded section also says that people found to be spreading “falsehoods” or “distorted truths” that obstruct the authorities from protecting the public may be punished with prison sentences of up to five years. That new tool that may allow Mr. Orban to further curb the press freedoms long in his cross hairs. To be sure, in the face of the epidemic, European countries have all to lesser or greater extent adopted emergency measures curbing liberties, including measures that require citizens to register any movement and observe curfews. But Hungary’s new rules are the most far reaching. And rights experts, political analysts and academics say that, given Mr. Orban’s track record and espousal of “illiberal democracy,” the measures he says he is taking to fight the virus could become fixtures in Hungarian public life, used to crack down on opposition well after the threat of the virus passes. European Union officials believe that the statement issued Tuesday, which came from Ms. von der Leyen personally, sent a clear message to Mr. Orban — even without naming him. European Commission lawyers are now closely watching how he enforces Hungary’s new measures, the officials said. But they said that now — as Europe battles to stem the spread of the virus and mitigate its catastrophic economic damage, and with many nations suspending some liberties — was not the moment to pick a fight with just one member. That measured approach surprised some observers, despite the fact that the commission often takes a conciliatory stance toward wayward members in a bid to entice them to reform voluntarily. (That has never worked with Hungary.) “It is bizarre,” Daniel Freund, a member of the European Parliament who belongs to the German Greens political party, said of Ms. von der Leyen’s statement. “The decision that the Hungarian Parliament took yesterday is a watershed moment,” Mr. Freund said. “Now you have to do something, or we really lose democracies.” Mr. Freund and other members of the European Parliament believe that even before the European Commission opens a formal investigation into Hungary’s new law, which would take months, it should use existing rules to put pressure on Mr. Orban. “If we end up after the crisis with a virus well fought but democracy lost in several member states, that’s an unacceptable situation,” Mr. Freund said. Daniel Kelemen, a professor European Union politics and law at Rutgers University, said the epidemic could prove an opportunity for the Hungarian leader. “Throughout his consolidation of power, Orban has counted on the European Union to be distracted with other crises,” he said. “But now,” Mr. Kelemen said, “the scale of this crisis does call for consolidation of power for the executive, so it gives him more effective cover for this next stage of escalation.” Mr. Orban’s hold on power was unparalleled by European Union standards well before Monday’s vote authorizing him to rule by decree. In practical terms, Mr. Orban and his allies already controlled the legislative and executives branches of government, and had stacked the Constitutional Court. With Mr. Orban’s parliamentary opposition unable to slow his political machine, the European Union has shown itself to be the only entity capable of curbing his power, but the results have been mixed. Lengthy and cumbersome European Union legal proceedings could not stop Mr. Orban and his allies from taking over the Hungarian media landscape, weakening the independence of the judiciary, levying a special tax on nongovernmental organizations receiving foreign funding, or ejecting the Central European University from the country. In the end it may be Mr. Orban’s love for European financial aid, not freedoms, that acts as a brake on his government. “Aware that the European Union is watching, Orban is likely to tread modestly at first,” said Mujtaba Rahman, the head of Europe at Eurasia Group consultancy. “He will not wish to put at risk the €5.6 billion windfall granted to Hungary by the European Parliament last week as its portion in the union’s efforts to battle the coronavirus." President Trump has warmly embraced Mr. Orban. Mr. Trump’s ambassador in Hungary has spoken glowingly about Mr. Orban’s grip on power and said that Mr. Trump would love to have the powers of his Hungarian counterpart. But Mr. Orban’s autocratic tendencies have long alarmed others in Washington, particularly lawmakers who serve on the Commission on Security and Cooperation in Europe, known as the Helsinki Commission. A congressional delegation visited Hungary last year to investigate democratic backsliding.
Reflecting on ChechnyaFriday, March 13, 2020
By Mia Speier, Max Kampelman Fellow On December 11, 1994, Russian forces advanced into Chechnya, a republic in the North Caucasus near Georgia and Azerbaijan, to stop an attempt at secession. A Chechen separatist movement started to gain momentum following the collapse of the Soviet Union and the Russians refused to allow any chance at separation. This marked the start of the First Chechen War, a conflict that erupted after decades of hostilities between the former Soviet government and the Chechen forces. The war dragged on for nearly two years, destroying the capital city of Grozny and killing tens of thousands of people—mostly civilians. The conflict, which started as an internal national movement, was complicated by flows of foreign money and foreign fighters. Militant Islamists joined the fight against Russia during the latter half of the war as part of a declared global jihad. Officials in Russia feared a repetition of the violence that occurred during the Soviet war in Afghanistan nearly a decade prior. Though Russia withdrew from Chechnya for a short time after the first war, the Second Chechen War broke out in 1999. This second war began after Putin blamed Chechen secessionists for bombings that killed Russian civilians, although there was no evidence of Chechen involvement in the bombings. Russian forces were sent into the republic again, and the Russian government succeeded in putting Chechnya under its control. Since then, the region has been a republic of Russia and is governed by Putin-appointed president Ramzan Kadyrov. Amid the conflict, however, the international community took steps to confront Russian aggression and violence in the region. On March 13, 1997, the U.S. Helsinki Commission convened a hearing called “The Future of Chechnya,” to discuss the efforts of Chechen citizens to free themselves from Russia’s painful yoke and fight back against Moscow’s defiance of international principles and the rule of law. The Helsinki Commission hearing focused on the 1994 Organization for Security and Cooperation Budapest Document that requires all participating States, including Russia, to ensure that their armed forces are commanded in a way that is consistent with international law. At the time of the hearing, an estimated 30,000 to 80,000 people had died in the territory, and tens of thousands of citizens had been displaced. The violence against and displacement of citizens in Chechnya was a clear violation of the Budapest Document. Then-Chairman Rep. Alfonse M. D’Amato chaired the hearing and noted that though many people were paying attention to the ongoing conflict in Bosnia at the time, it was important to also pay attention to the conflict in Chechnya and, more specifically, to think about the role of the OSCE in the region. “The world watched, horrified, as the Russian military used massive firepower against the Chechen guerrillas,” D’Amato said. “While the international community recognizes the principles of territorial integrity, there can be no doubt that in its effort to keep the Chechens in the Russian Federation, the Russian Government violated recognized international principles.” Since 1997, the Helsinki Commission has held several other public events related to human rights abuses, arbitrary arrests, abductions, and disappearances and the plight of Chechen refugees. In 2003, the commission penned a letter to then-Secretary of State Colin Powell urging the U.S. delegation at the United Nations Commission on Human Rights in Geneva to express concern over reported rights violations in Chechnya. Though it has been nearly 30 years since the First Chechen War, the situation in Chechnya remains bleak. In 2017, Congress passed a bipartisan resolution condemning widespread anti-LGBT persecution and violence in Chechnya after it was revealed that state law enforcement officials beat, imprisoned, and murdered hundreds of men perceived to be gay or bisexual. In June 2018, then-Chairman (and current Co-Chairman) Sen. Roger Wicker and Sen. Benjamin Cardin penned a letter to Secretary of State Mike Pompeo urging the United State to invoke the OSCE’s Moscow Mechanism in response to escalating human rights abuses in Chechnya. The Moscow Mechanism allows for the establishment of a short-term fact-finding mission to address a specific human rights concern in the OSCE region. In November 2018, the 16 of the 57 OSCE participating States invoked the Moscow Mechanism to investigate the alleged disappearances, killings, and torture taking place in Chechnya—all of which were concerns raised at a Helsinki Commission hearing just months prior. Though Russia failed to cooperate with the fact-finding mission, the resulting report concluded that the evidence clearly confirmed the allegations of very serious human rights violations and abuses in the Chechen Republic of the Russian Federation. Today, multiple reports of journalists and bloggers in Chechnya being beaten or murdered calls for even more concern for individual freedom and civil liberties in the region. In early February, Yelena Milashina, a prominent Russian journalist and lawyer who exposed the cruelty against gay Chechen men, was beaten in Grozny. Imran Aliev, an outspoken Chechen blogger who criticized President Ramzan Kadyrov, was found murdered in France earlier this year. Aliev’s death is one of many deaths and disappearances in recent years of Chechen dissidents throughout Europe, sparking heightened fears of Chechen death squads hunting down those seeking asylum outside of the republic.
Chairman Hastings Introduces LITE Act to Strengthen Ties with U.S. Allies, Support Visionary Leadership on Both Sides of the AtlanticFriday, March 13, 2020
WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) yesterday introduced the Leadership Institute for Transatlantic Engagement (LITE) Act (H.R.6239) to strengthen ties with U.S. allies, protect democratic institutions, and support visionary leadership on both sides of the Atlantic. “Numerous challenges are putting western democracies and the transatlantic partnership at risk, including disparities in wealth, health, employment, education, and justice that lead citizens to question whether democracy can deliver on its promise of freedom and opportunity for all,” said Chairman Hastings. “We must find new and better ways to help democratic leaders ensure that laws are equitable, transparent, and enforced; elections are free and fair; and the same protections, rights, and laws are extended to all in their constituencies.” LITE would further codify transatlantic leadership exchanges and knowledge-building activities to equip western policymakers with legislative, communications, conflict resolution, and other leadership tools to strengthen democratic institutions in their societies as well as the transatlantic relationship. Recognizing the rapid and ongoing demographic change on both sides of the Atlantic, LITE focuses on inclusive and intergenerational solutions to current challenges and would empower individuals across generations and from diverse backgrounds with the knowledge, tools, opportunity, and access to fully participate in their democracies. In addition, LITE would assist in community reunification by helping leaders develop strategies to build resilience against the exploitation of community grievances that can lead to dangerous divisions in society. For more than a decade, the Helsinki Commission has convened U.S. and European policymakers with the State Department and other partners under the banner of the Transatlantic Minority Political Leadership Conference and Transatlantic Inclusion Leaders Network to support increased political representation in western democracies. In 2019, Helsinki Commission held hearings featuring European lawmakers, and focusing on global leadership, democracy, and public diplomacy. In February 2020, the Helsinki Commission hosted more than 30 young legislators from OSCE participating States and partner countries to discuss the role of young people in peace and security efforts and forge a transatlantic network for political action to address emerging human rights and security challenges.
Chairman Hastings Introduces Bill to Promote Diversity and Inclusion in the Federal WorkforceFriday, March 13, 2020
WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) yesterday introduced H.R.6240, a bill to establish a government-wide diversity and inclusion plan to ensure fair access and opportunity to federal jobs for all Americans. “Estimates indicate that by 2050, more than half of the U.S. workforce will be made up of Americans from diverse populations,” said Chairman Hastings. “Effectively governing our nation will require that we fill federal jobs—whether they are in the military, intelligence, foreign service, health, or education sectors—with an equally diverse federal workforce who can meet the needs of our country.” The bill would require the development of a government-wide diversity and inclusion plan to ensure that all branches of the federal government are engaged in multi-year strategic planning to recruit, hire, promote, retain, and support workers representing America’s diverse talent pool. It also calls for a review of diversity in government contracting and grant-making. “Diversity and inclusion are the underpinnings of democratic societies,” said Chairman Hastings. “It is time to ensure that those from all segments of our society have an equal opportunity to contribute to the future of our nation as part of the vibrant workforce that is at the heart of our democracy.” The introduction of the bill follows the February 2020 GAO report highlighting problems in the State Department and legislative initiatives to increase diversity in the national security workforce. Advancing societies that are safe, inclusive, and equitable is central to the work of the Helsinki Commission. The commission supports programs to address inequities in employment, political participation, and other sectors for women and minorities and strives to empower communities to unite against bias and discrimination to foster truly democratic, inclusive, and free societies.
Helsinki Commission Leaders Commend Political Compromise in GeorgiaFriday, March 13, 2020
WASHINGTON—After a March 8 announcement that Georgia’s political leadership reached a deal paving the way for the adoption of compromise electoral reforms ahead of the October 2020 parliamentary election, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) released the following statements: “Debate and compromise, two hallmarks of democracy, have rebuilt hope that Georgia’s leaders can bridge divisions and meet the demands of the people for accountability in electoral processes and outcomes,” Chairman Hastings said. “Having led an international election observation mission to Georgia, I commend the hard work it took to reach this agreement and the role of international ambassadors, particularly U.S. Ambassador Kelly Degnan, in facilitating it. As the agreement’s implementation proceeds, I hope to see prioritization of the parties’ joint commitment to address perceptions of politically-motivated criminal charges in recent months.” During the January 2008 presidential election in Georgia, Chairman Hastings served as head of the OSCE PA election observation mission and was appointed by the OSCE Chairman-in-Office as the Special Coordinator leading all OSCE short-term observers. “As a longtime champion of the United States’ strategic partnership with Georgia, I am glad to see Georgia’s political leaders take the path of dialogue to resolve this months-long crisis,” said Co-Chairman Wicker. “The coming months should serve as an opportunity for the Georgian people to regain confidence in the ability of their democratic institutions to represent their voices and render independent justice.” In December 2019, Co-Chairman Wicker sent a letter to Georgian Prime Minister Giorgi Gakharia urging the ruling Georgian Dream party to address growing public discontent with preparations for the 2020 national election and a string of decisions that undermined public confidence in the rule of law. Since November, Georgia has been embroiled in a political crisis sparked by the surprise defeat in parliament of constitutional amendments that would have transitioned the country to a fully proportional electoral system for 2020 parliamentary elections. In response to a political crisis last summer, Georgian Dream Party Chairman Bidzina Ivanishvili pledged his party would pass the amendments, which enjoyed broad support from Georgian political factions and international democracy advocates. Despite this pledge, a group of Georgian Dream parliamentarians voted last month to scuttle the proposal, prompting angry reactions across the Georgian political spectrum. This political controversy coincided with criminal prosecutions against several prominent opposition figures that created the appearance of selective enforcement of the law. Georgian Dream parliamentarians also disregarded an opposition boycott last week to approve 14 justices to lifetime appointments on the Supreme Court despite serious questions about some of their legal qualifications.
Restrictions on Civil Society in HungaryFriday, February 28, 2020
Since returning to power in 2010, Viktor Orban has systematically dismantled a system of checks and balances, facilitating the consolidation of control by the Fidesz government, which is now in its fourth (third consecutive) term. This has included introducing significant changes to the legal framework for parliamentary elections; stripping hundreds of faiths of their state recognition in 2011 and then channeling money to religious groups that do not challenge government positions (increasing dependence of those groups on the state); overseeing the consolidation of most Hungarian media, first into the hands of government-tied oligarchy and then into a single foundation exempt from anti-trust regulation; and eroding judicial independence by, for example, expanding and packing the constitutional court. In light of restrictions imposed on political opposition, faith organizations, the media and the judiciary, the role of Hungarian civil society in holding the government to account (by, for example, suing the government for non-compliance with the Hungarian constitution or Hungary’s international legal commitments) has taken on heightened importance. At the same time, civil society organizations have become the targets of escalating rhetorical attacks and legislative restrictions, including laws that significantly lower the bar for what it takes to jail people who seek to exercise their freedoms of speech, assembly, and association. Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law and Daniela Ondraskova, Max Kampelman Fellow
Chairman Hastings on Anniversaries of Sumgait Pogrom and Khojaly MassacreThursday, February 27, 2020
WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) yesterday issued a floor statement on the anniversaries of the Sumgait Pogrom and the Khojaly Massacre, two pivotal tragedies in the in the decades-long conflict between Armenia and Azerbaijan over the territory of Nagorno Karabakh. The statement reads in part: “Although separated by four years and 200 miles, the Sumgait Pogrom in 1988 and Khojaly Massacre in 1992 both demonstrated the heinous potential of interethnic hatreds to tear apart communities and trample human dignity. The commemoration of these horrific events is an opportunity to reflect on the innocent lives lost in this ongoing conflict as well as a chance to affirm the need for urgent steps to heal these wounds and sue for peace once and for all… “I strongly encourage the political leadership in Yerevan and Baku to use these solemn commemorations of Sumgait and Khojaly this week to turn a new page in this terrible conflict. The most fitting way to honor the lives of those lost would be through words of reconciliation and steps toward peace. Together, the peoples of Armenia and Azerbaijan can ensure such atrocities are never be repeated and that future generations will know a life of secure and prosperous coexistence.” Download the full statement.
Congressional Delegation Led by Chairman Hastings Champions U.S. Leadership in Transatlantic Security, Human RightsTuesday, February 25, 2020
WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) last week led a bicameral, bipartisan congressional delegation to the OSCE Parliamentary Assembly’s (OSCE PA) 19th Winter Meeting in Vienna, Austria. At the meeting, Chairman Hastings and other members of the delegation engaged with OSCE officials, delegations from other OSCE participating States, and diplomats to advance U.S. interests while assuring friends, allies, and potential adversaries of the U.S. commitment to security and cooperation in Europe. The 11-member delegation was among the largest U.S. delegations ever to attend the annual gathering, which attracted more than 300 parliamentarians from 53 OSCE participating States. Chairman Hastings, a former president of the OSCE PA, was joined in Austria by Helsinki Commission Co-Chairman Sen. Roger Wicker (MS), Ranking Member Rep. Joe Wilson (SC-02), and Helsinki Commissioners Rep. Emanuel Cleaver (MO-05), Rep. Gwen Moore (WI-04), Rep. Steve Cohen (TN-09), Rep. Robert Aderholt (AL-04), and Rep. Richard Hudson (NC-08). Rep. Gregory Meeks (NY-05), Rep. Lloyd Doggett (TX-35), and Rep. Andy Harris (MD-01) also joined the delegation, which benefited from the active support of Ambassador James Gilmore, the U.S. Representative to the OSCE. In the Standing Committee, which oversees the OSCE PA’s work, Chairman Hastings highlighted recommendations resulting from a seminar for young parliamentarians on “Future Leadership for Political Inclusion in the OSCE Region,” hosted in Washington in early February by the Helsinki Commission and the OSCE PA. “We brought together some 35 young parliamentarians from 19 OSCE participating States and three partner States to learn from each other and incubate the solutions of the future,” Chairman Hastings said. “As I called on all of you at our last meeting in Marrakech, we must counter the economic and social despair afflicting our youth and we all have a role.” At the same committee, Co-Chairman Wicker, who serves as a vice president of the assembly, shared his recent experience at the Munich Security Conference. The committee also reviewed a written report submitted by former Helsinki Commissioner Rep. Chris Smith (NJ-04), OSCE PA Special Representative on Human Trafficking Issues. In the committee focused on security issues, Rep. Hudson condemned Russia’s violations of Helsinki principles related to its aggression against Ukraine, while in the committee focusing on economic issues Rep. Harris cautioned Europe regarding the growing Chinese presence in the region. During a special debate on confronting anti-Semitism and other forms of intolerance in the OSCE region, Helsinki Commission Ranking Member Sen. Ben Cardin (MD), who serves as the OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance, delivered introductory remarks by video. “It is our responsibility to safeguard our democracies by speaking out and using our tools and voices as legislators against those who would divide our societies,” Sen. Cardin said. Later in the debate, Rep. Cohen urged participating States “to teach Holocaust history, which a fourth of the people in Europe or more don't understand or remember, and teach it so that the most horrific crime against humanity will be remembered so that it will not be repeated.” Rep. Cleaver linked anti-Semitism to broader trends of intolerance in society, and called OSCE participating States to action, stating, “There are many scary things in our world, but there is nothing quite able to generate fright like prejudice inspired by ignorance and nationalism manufactured by fear.” Rep. Hudson chaired a meeting of the OSCE PA Ad Hoc Committee on Countering Terrorism, and Rep. Moore participated in a similar meeting of the Ad Hoc Committee on Migration. On the margins of the Winter Meeting’s official sessions, members of Congress met with the Ukrainian delegation to the OSCE PA to discuss U.S. support for Ukraine’s territorial integrity and sovereignty in the face of unrelenting Russian aggression. Delegation members also met with OSCE Secretary General Thomas Greminger, Office for Democratic Institutions and Human Rights Director Ingibjörg Sólrún Gísladóttir, Special Representative and Coordinator for Combatting Trafficking in Human Beings Valiant Richey, and High Commissioner for National Minorities Lamberto Zannier.
Transatlantic Network of Young Legislators Releases Joint Declaration on Future Leadership for Political Inclusion in the OSCE RegionWednesday, February 19, 2020
WASHINGTON—Following a two-day seminar hosted by the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) and the Organization for Security and Cooperation in Europe Parliamentary Assembly (OSCE PA) in early February, nearly 20 young legislators from OSCE participating States today issued the Joint Declaration on Future Leadership for Political Inclusion in the OSCE Region. The declaration builds upon discussions among seminar participants—all national legislators from OSCE participating States and Partners for Cooperation—about the important role young people can and must play in addressing emerging human rights and security challenges worldwide. Each signatory resolves that the respective legislative bodies included in the declaration will empower young leadership and pursue goals including enhancing parliamentary diplomacy, promoting a declaration of a climate emergency in every OSCE participating State, and ensuring common security. The declaration reads in part: “Whereas, the role of young people in promoting human rights, peace, and security efforts in both national and international fora must not be underestimated or diminished at this critical juncture for democracies around the globe; “Whereas, comprehensive security, be it politico-military security, economic and environmental security, or human rights, faces more hybrid, malicious, and multiplying threats than we realize; “Whereas, multilateral institutions like the Organization for Security and Cooperation in Europe (OSCE) and the North Atlantic Treaty Organization (NATO), and the respective parliamentary assemblies, must maintain their stature and utilize its greatest asset for building a brighter future, the youth…” “Youth leadership driven by political inclusion is vital to combating the challenges of both today and tomorrow, including environmental degradation and democratic backsliding,” said U.S. Rep. Alcee L. Hastings (FL-20), who chairs the Helsinki Commission. “This declaration is simply the first, welcome step toward developing a robust transatlantic network of young legislators who will work toward a secure, sustainable future for us all.” “This was an excellent opportunity to follow up on a call made by our Assembly during our Berlin Annual Session to establish a forum of young parliamentarians to foster greater mutual trust between OSCE participating States,” said OSCE PA President George Tsereteli. “Young people can play a crucial role in fostering a culture of peace, in the prevention and resolution of conflicts, in tackling current urgent issues such as climate change, the fight against terrorism and migration.” The declaration has been signed by 17 legislators from the OSCE region, including U.S. Rep. Marc Veasey (TX-33) and US. Rep. Richard Hudson (NC-08). Both representatives serve as commissioners on the U.S. Helsinki Commission. Download the declaration.
The Power and Purpose of Parliamentary DiplomacyWednesday, February 05, 2020
While diplomats largely drive a nation’s foreign policy, elected members of national parliaments, including the U.S. Congress, also play a crucial role in influencing policy priorities, holding governments accountable, and providing a firmer democratic foundation to the advancement of peace, cooperation, and human rights across the globe. Through the parliamentary assemblies of organizations that play a critical role in international peace and security—the Organization for Security and Cooperation in Europe (OSCE) and the North Atlantic Treaty Organization (NATO)—parliamentarians can advance national interests on the international stage. The U.S. Helsinki Commission convened the hearing to encourage inter-parliamentary dialogue and examine the role parliamentary diplomacy can play in responding to current challenges facing the OSCE and NATO. The hearing also demonstrated bipartisan U.S. support for multilateral engagement based on shared principles and common goals. Commission Chairman Rep. Alcee L. Hastings (FL-20) chaired the hearing and was joined by Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD), Commissioner Rep. Joe Wilson (SC-02), and Rep. Filemon Vela (TX-34), a member of the U.S. delegation to the NATO Parliamentary Assembly. Chairman Hastings’ opening statement highlighted the value of effective parliamentary forums in contributing to security cooperation in Europe and around the world. Co-Chairman Wicker’s opening remarks emphasized that transatlantic dialogue has become even more important given continued Russian aggression. “If diplomacy is war by other means, we should no more abandon the plenary hall than the battlefield,” he stated.” George Tsereteli, a member of the parliament of the Republic of Georgia and President of the OSCE Parliamentary Assembly, and Attila Mesterhazy, a member of the parliament of Hungary and the Acting President of the NATO Parliamentary Assembly, both testified at the hearing Tsereteli discussed the necessity of active and visible international cooperation. He specifically acknowledged the advantages of parliamentary diplomacy in facilitating “public discussions,” “additional communication channels between conflict parties,” and “fact-finding missions.” Tsereteli also addressed Russia’s rogue actions in Russian-occupied territories. While he voiced support for maintaining pressure on the Putin regime, he upheld the importance of continued dialogue and compromise. Mesterhazy’s testimony focused on the NATO Parliamentary Assembly’s recent achievements and its role in shaping the future of NATO. He contended that the NATO Parliamentary Assembly is a powerful complement to NATO because of the Assembly’s broad mandate, diverse membership, and utilization of majority voting. Mesterhazy also discussed Russian aggression in the region, asserting that “[the Ukraine War] is not a frozen conflict, it’s boiling” and commending the NATO Parliamentary Assembly for expelling the Russian delegation in 2014, following the illegal annexation of Crimea. The hearing provided insight on the parallels of multilateral engagement within the OSCE Parliamentary Assembly and the NATO Parliamentary Assembly. Commissioners and panelists were able to address various issues facing transatlantic security and remain hopeful for the future of parliamentary diplomacy and cooperation.
By Erika Schlager
CSCE Counsel on International Law
From October 4-15, 2004, the participating States of the Organization for Security and Cooperation in Europe met in Warsaw, Poland, for a Human Dimension Implementation Meeting. Each year, the OSCE convenes a forum to discuss the participating States’ compliance with the full range of their OSCE human dimension commitments agreed on the basis of consensus.
The United States Delegation was headed by Larry C. Napper, former Ambassador to Kazakhstan and Latvia. He was joined by Ambassador Stephan M. Minikes, Head of the U.S. Mission to the OSCE; Ambassador Michael G. Kozak, Acting Assistant Secretary of State for Democracy, Human Rights and Labor; Ambassador Edward O'Donnell, Department of State Special Envoy for Holocaust Issues; J. Kelly Ryan, Deputy Assistant Secretary of State for Population, Refugees and Migration; and Matthew Waxman, Deputy Assistant Secretary of Defense for Detainee Affairs. Members of the staff of the Commission on Security and Cooperation in Europe also participated in the delegation.
In the tradition of engaging accomplished individuals from the private sector with human rights expertise, the U.S. Delegation included several public members: Gavin Helf and Catherine Fitzpatrick, both experts on the countries of the former Soviet Union; Frederick M. Lawrence, Anti-Defamation League; and Mark B. Levin, Executive Director, NCSJ: Advocates on behalf of Jews in Russia, Ukraine, the Baltic States & Eurasia.
Broad Range of Issues Reviewed
During the first week of the meeting, formal sessions were devoted to a review of the implementation by participating States of the full range of their human rights and fundamental freedom commitments. During the second week, three days were devoted to topics chosen by the Chair-in-Office, in consultation with the participating States. This year, the special topics were: the promotion of tolerance and non-discrimination (following up on extra-ordinary conferences held earlier this year on anti-Semitism and on racism, xenophobia and discrimination); freedom of assembly and association; and “complementarity and co-operation between international organizations in promoting human rights.”
At the meeting’s mid-way plenary session, the United States expressed particular concern about the deteriorating situation in Turkmenistan. In 2003, ten OSCE participating States took the unusual step of invoking the "Moscow Mechanism" for the first time in a decade. They were prompted to do so after Turkmenistan authorities reacted to an attack on President Saparmurat Niyazov's motorcade on November 25, 2002, with a widespread human rights crackdown marked by torture, disappearances, and an escalation of Stalin-era practices. Turkmenistan refused to cooperate with the mission established under the mechanism and, in 2004, refused to renew the accreditation of the Head of the OSCE Office in Ashgabat, Parachiva Badescu. Although Turkmenistan again declined to send representatives to participate in the HDIM, the United States argued to the participating States that sustained OSCE engagement on these matters is necessary to counter Turkmenistan’s increasing self-isolation.
"Why is it that only the United States helps democracy in Belarus? Where is Europe?"
--Human rights activist from Belarus
The need to protect human rights while countering terrorism was a strong theme throughout this year’s meeting. In addition, the deteriorating situation for human rights defenders in much of the former Soviet region, concern about the elections in Belarus and Ukraine, the failure to implement meaningful reforms in Uzbekistan, and the plight of refugees and internally displaced persons, including Roma from Kosovo, were other issues raised. In the second week session devoted to tolerance, the United States argued that the Chair-in-Office should appoint two personal representatives to address the problems of anti-Semitism as well as racism, xenophobia, and discrimination.
As at past human dimension meetings and meetings of the OSCE Permanent Council, the United States was criticized for retaining the death penalty, contrary to the abolitionist trend among other OSCE participating States. At present, the only other OSCE countries that still officially apply the death penalty are Belarus and Uzbekistan.
A U.S.-based nongovernmental organization repeatedly criticized the United States for failing to provide citizens of the District of Columbia the right to voting representation in the Congress. Belarus issued even more sweeping criticism of U.S. electoral practices. Coming just days before Belarusian elections that the OSCE Election Observation Mission subsequently concluded “fell significantly short of OSCE commitments,” the rebuke by Belarus appeared to be a cynical move to preempt or deflect criticism of its own shortcomings.
The abuse of prisoners at Abu Ghraib was condemned by both governmental and non-governmental speakers. In addition, some participants criticized the United States for the use of military commissions to try alleged terrorists and for a 2002 Department of Justice memorandum that outlined legal defenses and loopholes that might be used to evade statutory and international legal prohibition against torture.
Side Events Add Substance
One of the striking features of this year’s meeting was the significant increase in the quality and quantity of side events held in conjunction with the formal sessions. Side events may be organized at the site of the meeting by non-governmental organizations, OSCE institutions or offices, other international organizations, or participating States. They augment the implementation review by providing an opportunity to examine specific subjects or countries in greater depth. Like the “corridor” discussions and informal meetings that are part and parcel of any OSCE meeting, side events are also a vehicle for discussing and promoting OSCE action or decisions. In some instances, side events have presaged the deeper engagement of the OSCE participating States with a particular subject – for example, side events organized by non-governmental organizations on the problem of hate propaganda on the Internet prompted a more in-depth focus on this issue at an OSCE meeting hosted by France earlier this year. Side events can also help fill gaps in the implementation review process.
This year, in the aftermath of the Beslan tragedy, most governments were reluctant to raise the problem of human rights violations in Chechnya. Nongovernmental groups, however, organized a side event to provide a forum to focus on these issues. They argued that, while the problems in Chechnya may seem intractable, human rights abuses do diminish when they are raised with the Russian Government.
In an effort to respond to concerns about detainee abuse, the United States organized a side event on the subject of detainee issues. Department of Defense Deputy Assistant Secretary Matthew Waxman, head of a newly-created DOD office for detainee affairs, discussed steps taken by the United States to address the abuse of detainees at Abu Ghraib and elsewhere and to prevent such incidents from reoccurring. The event was open to all participants in the HDIM and, following the presentation of his remarks, Waxman opened the floor for questions.
Azerbaijani officials prevented one human rights defender and religious freedom activist from attending the Warsaw meeting. On October 6, authorities at the Baku airport blocked Imam Ilgar Ibrahimoglu from boarding his Warsaw-bound flight. Ibrahimoglu was set to attend the HDIM session on religious freedom and speak out against the forcible seizure of his congregation’s mosque earlier this year. (Similarly, two Kazakhstani human rights activists, Amirzahan Kosanov and Ermurai Bapi, were prohibited from leaving their country last year in an apparent attempt to prevent them from participating in the HDIM.) On a more positive note, the meeting may have contributed to a favorable decision by the Armenian Government to approve a long-standing application by Jehovah’s Witnesses to be officially registered as a religious organization. During the meeting, the U.S. House of Representatives and the United States Senate passed the Belarus Democracy Act (on October 4 and 7 respectively).
NGOs Rebut “Astana Declaration”
At the closing session of the HDIM, 106 human rights advocates from 16 countries presented a declaration countering criticism by several former Soviet states of the OSCE’s human rights work. (On July 3, 2004, nine OSCE countries – Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russian Federation, Tajikistan, Ukraine and Uzbekistan – issued a statement criticizing the human dimension activities of the OSCE. A subsequent document signed in Astana, Kazakhstan by eight of the above signatories claimed that there are double standards in fulfillment of OSCE commitments concerning democracy and human rights.) An NGO spokesperson also urged the OSCE participating States to continue to focus on the issue of freedom of assembly.
"The most important principle of international affairs ingrained in international legal documents--'respect for human rights is not an internal affair of a state'--must remain unshakable and must be defended."
-- Statement signed by human rights advocates and presented at the closing session of the 2004 OSCE Human Dimension Implementation Meeting
In a press release issued on October 14, 2004, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) welcomed the NGO declaration. “While many of the men and women who signed this document engage in human rights advocacy at considerable personal sacrifice and risk, they have clearly stated – in their words – their ‘categorical disagreement with the negative evaluation of OSCE activity.’”
This year’s HDIM drew record attendance by 220 nongovernmental organizations from across the region. This is the only multinational human rights meeting in Europe where non-governmental organization representatives and government representatives may speak with equal status.
As at past meetings, the United States held extensive bilateral meetings with government representatives. In many instances, the focus and scope of those meetings reflected the presence of experts from capital cities. Additional meetings were held with OSCE officials and representatives of nongovernmental organizations. In the second week of the HDIM, Human Rights Directors from the OSCE countries also held a working meeting to discuss issues of mutual concern.
With a view to the 2005 calendar of human dimension activities, the United States suggested that there are several subjects that deserve focused attention next year. These include: migration and integration; protection of religious freedom in the fight against terrorism; the challenges of new election technologies, such as electronic voting; and the role of defense lawyers. The United States also welcomed the Spanish offer to host a follow-up event on tolerance next year in Cordoba and recommended that next year’s HDIM should include another special topic day on the fight against anti-Semitism, racism, xenophobia and discrimination. The United States proposed that at least one of the Supplementary Human Dimension Implementation Meetings next year be held outside of Vienna, in order to make the meeting more dynamic and allow participants to take part who might not normally be able to travel to Vienna. (Since 1999, three Supplementary Human Dimension Meetings have been held each year. Existing modalities allow for them to be convened in various locations but, so far, all have been held in Vienna.)
During the closing session, the Dutch Delegation, on behalf of the 25 European Union member states and four candidate countries, noted that there had been insufficient time to address the agenda items during the first week of the HDIM and, during the second week, more time than some subjects warranted. For example, there was insufficient time to accommodate all those who wished to take the floor during the discussion of national minorities and Roma; the session on freedom of speech and expression was held to standing-room capacity. By contrast, the session mandated to discuss the OSCE’s “project work” closed early – as it has every year since the subject first appeared on the meeting agenda – when the speakers’ list was exhausted before the end of the allotted time. Office for Democratic Institutions and Human Rights (ODIHR) Director Christian Strohal agreed that "we should adapt our time management."
Changes might also, conceivably, be made to the process of compiling a summary of the “recommendations” made at the meeting, a process that grew out of a desire to have a more substantive record of the meeting (in addition to the little-known but publicly available Journals of the Day). In fact, these summaries have generally turned out to be an unsatisfactory product, notwithstanding the considerable effort of those tasked with producing them. By definition, summaries must leave a great deal out, and both governments and nongovernmental organizations have complained when their particular recommendations are among those omitted. Moreover, the summary of recommendations is usually scrubbed of any country-specific recommendations, leaving only anodyne boilerplate language. In its opening statement at this year’s HDIM, the Netherlands, on behalf of the European Union and four candidate countries, argued that the process of compiling ever longer recommendations had become “non-productive and counter-productive.”
At this year’s meeting, the ODIHR launched a highly effective new documents distribution system. Through a bank of computers on site, participants were able to print copies of any document submitted for circulation. (This replaced a paper system of distributing all copies of all statements to all participants.) Moreover, this system allowed participants to email any document, making targeted distribution much more efficient and environmentally friendly. With the full texts of interventions and additional written material so easily available, the rationale for creating a written summary of recommendations for the benefit of those who were not able to attend the meeting is less compelling.
The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.