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The Russian election was supposed to shore up Putin’s legitimacy. It achieved the opposite.Saturday, September 25, 2021
Electoral precinct 40, located in a charming historic area a few minutes’ walking distance from the Kremlin, is among the few in Moscow that can be trusted to count votes honestly. Ever since I first voted here at the age of 18, the official tallies have always reflected the actual votes cast. In Moscow’s 2013 mayoral election, the candidate who won the precinct was anticorruption campaigner and opposition activist Alexei Navalny. Local Muscovite pride may be one factor in this honesty; the presence of independent electoral commission members in the precinct may be another. So when I came to vote here on Sunday, and then stayed overnight to observe the count, I was certain that I would get a glimpse of the real sentiments of Russian voters. To be clear: It wasn’t an honest election. Opponents of the Kremlin, including all Navalny supporters, had been preemptively disqualified from the ballot through various bans imposed by the regime. But I did expect to see an honest count of the votes that were cast. I was proven right. The official vote tally from Precinct #40 showed the three top spots on the party list ballot divided among the Communists, Vladimir Putin’s United Russia and the liberal Yabloko party, the only genuine opposition group allowed to take part in this election. (Their shares were 27, 20 and 19 percent, respectively.) The Communist vote, usually low in Moscow, was boosted this time by support from the Navalny team, which urged voters to pick any candidates on the ballot who don’t represent United Russia — a tactic, known as “Smart Voting,” that aims to demonstrate how minimal support for the ruling party really is. On the single-member ballot (where voters choose among individual candidates rather than parties), Yabloko’s Sergei Mitrokhin won handily with 35 percent; the pro-regime candidate eked out just 14 percent. The overall official results announced next morning — both for Moscow and for Russia as a whole — might as well have come from a different country. The authorities solemnly announced that United Russia had retained its two-thirds supermajority in parliament — even though most polls (including those from government pollsters) showed support for the party in the high 20s. The rest of the seats will be filled by officially approved “opposition” parties that always end up supporting Putin’s most important initiatives. Predictably, not a single genuine opposition candidate — among the few allowed on the ballot in the first place — was actually allowed to win. This time around — in addition to traditional rigging methods such as organized voting by state employees and military conscripts, “carousel” multiple voting, and plain ballot-stuffing — the regime deployed a rather specific brand of electronic voting. When used in genuine democracies, electronic voting usually produces an outcome almost immediately. But in this election, tabulating the results took hours longer than counting traditional paper ballots — and the final result flipped at least eight Moscow districts from the opposition to United Russia. “The story with electronic voting fraud … reminds me of the switched urine samples at the 2014 Sochi Olympics,” noted political analyst Maria Snegovaya. “It was done clumsily and crudely — and by the same people, the FSB [Federal Security Service]. It seems this is the only way they can work.” In contrast to 2011, when a patently fraudulent parliamentary election brought tens of thousands of people into the streets, this time no major protests followed. Indeed, none were expected. Navalny’s arrest, and an unprecedented crackdown on opposition supporters earlier this year — with 11,000 detentions and more than 100 criminal cases against participants of pro-democracy rallies — has left Russian civil society subdued and demoralized. But this silence is deceptive. The respite for the regime will almost certainly prove to be only temporary. Recent protests and public opinion trends point to an unmistakable rise in general fatigue with one-man rule that is now stretching into its third decade. Major political change in Russia is notoriously difficult to predict — suffice it to mention the (unpredicted) political upheavals of 1905, 1917 or 1991 — but it seems likely that brewing anti-regime sentiment will burst out into the open in the spring of 2024 if Putin attempts to remain in power, in violation of the constitutional term limit he unlawfully overturned last year. It is an incontrovertible logic of history that in countries where governments cannot be changed at the ballot box, they are often changed on the streets. Russia has seen this herself, as have other countries in our post-Soviet neighborhood. It is no news to anyone that there are no real elections in Putin’s Russia. Yet international reaction to last weekend’s sham vote has been strong on both sides of the Atlantic. Lawmakers in the U.S. Congress and in the European Parliament have stated that it “severely weakens the legitimacy” of Putin’s rule. Whatever remains of that legitimacy will be finally shed in the event of Putin’s illegal prolongation of his mandate beyond 2024. European Union lawmakers have already hinted at a formal nonrecognition of any such action in the new strategy toward Russia adopted earlier this month. The year 2024 will be an important test — both for Russian society’s tolerance to autocratic rule, and for the West’s adherence to the rule of law not just in words but in practice. It’s now time to start preparing for that moment.
Helsinki Commission Leaders Blast So-Called Election Results in RussiaTuesday, September 21, 2021
WASHINGTON—Following the sham State Duma elections in Russia, 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 statements: “From barring opposition candidates to stuffing ballot boxes and manipulating vote totals, there is ample evidence that these parliamentary elections may be the most blatantly fraudulent of them all. The Kremlin once again has demonstrated its utter disregard for the norms and values it purports to respect,” said Chairman Cardin. “Contrary to their international obligations, Russian authorities inexcusably restricted the number of international observers to the point that the OSCE was unable to monitor this election according to its long-established methods. Compounded with the fact that no election is free or fair if the principal opposition figures are kept off the ballot, as in this case, these elections will provide not a shred of legitimacy to those who take their seats in the Duma.” “Citizens cannot freely choose who represents them when opposition candidates are banned from running, poll workers stuff ballot boxes, and last-minute electronic ‘vote counting’ pushes Kremlin-preferred candidates over the top,” said Co-Chairman Cohen. “With each election, fewer and fewer opportunities remain for dissent in Russia, demonstrating Putin’s growing insecurity about his ability to stay in power unassisted.” “Moscow’s intimidation of local workers and businesses has left U.S. companies tainted for doing business in Russia,” said Sen. Wicker. “The moral cost of doing business in Russia increases with every day that Putin and his cronies bully their opponents into submission to maintain political power.” “Despite the lack of international observers, independent observers in-country bravely documented violations exposing the Kremlin’s machinations and the illegitimacy of this weekend’s election,” said Rep. Wilson. “The people of Russia deserve a vote that counts and a government that doesn’t stack the deck in its own favor.” The State Duma elections took place from September 17 – 19, 2021. Ahead of the election, many critics of the Kremlin were barred from running; in June 2021, a Moscow court ruling banned Alexei Navalny’s Anti-Corruption Foundation and associated organizations as “extremist” groups. As voting took place, photos and videos from live-stream camera feeds captured violations including officials stuffing ballot boxes and people being given multiple ballots. At the end of the vote count in Moscow, non-United Russia candidates who had been consistently leading lost at the last minute after thousands of “delayed” electronic ballots changed the results. On September 17, under threat of criminal prosecution of its staff in Russia, Google removed the Smart Vote app, a tool created by Navalny’s team to help voters identify candidates with the best chance to defeat a United Russia party candidate. Google also blocked access to two documents on Google Docs that included lists of Smart Vote endorsements on the grounds that the documents were “illegal” in Russia. Apple removed the Smart Vote app in Russia as well, claiming it had to follow Russian laws about “illegal” content. On September 18, at the Russian government’s request, YouTube blocked a video that included names of recommended candidates for Navalny’s Smart Vote initiative. The OSCE’s Office for Democratic Institutions and Human Rights and the OSCE Parliamentary Assembly chose not to observe the Russian elections due to severe restrictions Moscow placed on the number of international observers that would have left the OSCE unable to conduct a complete observation consistent with its usual methodology and standards.
Seeking Justice and Freedom in BelarusTuesday, September 21, 2021
In 2020, mass protests against the fraudulent election of Alexander Lukashenko shook Belarus. Since then, Lukashenko and his illegitimate regime have clung to power by committing ever more serious acts of repression against advocates of democracy and free expression. Hundreds of political prisoners languish in pre-trial detention or have been sentenced to years in prison during closed trials. The regime has effectively criminalized independent journalism and peaceful assembly; no independent justice system exists to hold those in power accountable. On September 21, 2021, the U.S. Helsinki Commission held a hearing on the events in Belarus leading up to and following the 2020 presidential elections. The hearing included expert witness testimony by four witnesses on the state of the media, the plight of political prisoners, the international legal ramifications of Lukashenko’s violence, and U.S. policy responses and options. Helsinki Commission Chairman Sen. Ben Cardin (MD) opened the hearing by remarking that the election in 2020 was not free or fair, contrary to official reports from Belarus, and commended the extreme courage of peaceful protestors to show up en masse despite a history of mass arrests and torture and the “brazen hijacking of a civilian aircraft and kidnapping of a critic of Mr. Lukashenko.” In opening remarks, Co-Chairman Rep. Steve Cohen (TN-09) announced that, alongside Ranking Member Rep. Joe Wilson (SC-02), he soon would sponsor a resolution denouncing the acts of the Belarusian regime and supporting freedom and human rights in Belarus. Serge Kharytonau delivered a testimony on behalf of the International Strategic Action Network for Security (iSANS) based on monitoring and documentation of activity in Belarus. He noted that since 2020, the informational sovereignty of Belarus has been given up to Russia in exchange for Putin’s support of Lukashenko. The state propaganda machines in Belarus and Russia are now synchronized to promote the Kremlin’s goals. Kharytonau noted that the state media also is being used to conduct psychological operations, depicting videos of political hostages and victims of torture. Technology platforms such as YouTube are being used to promote misinformation, hate speech, and the threat of violence towards civilians. Tatsiana Khomich, the Coordination Council’s Representative for political prisoners, testified about the situation of political prisoners in Belarus. Only 673 political prisoners are officially recognized by the government in Belarus, but more than 4,600 cases have been opened relating to 2020 election. Several activists have been sentenced to more than 10 years in prison, where they lack medical care, suffer from chronic diseases, are subject to torture, and often attempt suicide. She noted that most of these prisoners are just regular people, such as taxi drivers, and some are as young as 15 years old. “The situation in Belarus will most likely result in the complete annihilation of the civil rights of Belarusians and the chance of political transformation in Belarus will disappear,” she said. Khomich argued that time plays into Lukashenko’s hands as his government adapts to sanctions and the negotiating position of the West declines. Furthermore, as time passes the focus on Belarus is likely to decrease; action is needed now. David Kramer, a senior fellow at Florida International University and former Assistant Secretary of State for Democracy, Human Rights, and Labor, testified on the violation of human rights and “weaponization” of migrants by Belarus, noting that the spillover effects in neighboring NATO countries poses a threat to the United States. Kramer also classified Belarus as a test case for the West and its struggle between democracy and authoritarianism. He offered several recommendations to deal with the situation in Belarus: targeting the individuals surrounding Lukashenko who are keeping him afloat financially with sanctions; requiring U.S. allies in the Middle East to make a choice between supporting the United States or supporting Lukashenko; cutting off IMF funding to Belarus; and continuing not to recognize Lukashenko as the leader of Belarus. Kramer emphasized that an effort should be made to press for the release of all political prisoners and have accountability for the gross violation of human rights by the Lukashenko regime. The West needs to prepare for when Lukashenko is gone, he argued, but in the meantime Belarusian civil society must be supported. Siarhej Zikratski, a representative on legal affairs in the office of Sviatlana Tsikhanouskaya, personally attested to the political persecution of prisoners. Prisoners are cramped in tiny cells, tortured, beaten, and subjected to sexual violence. Despite appeals, no criminal cases exist regarding these acts. He also highlighted the disbarment of 13 lawyers who defended journalists and politicians who stood up to the regime. Zikratski recommended that the international community refuse to recognize Lukashenko as Belarus’ leader; use international human rights laws and international human rights protection mechanisms such as Article 30 of the Convention Against Torture and Article 41 of the International Covenant on Civil and Political Rights to address human rights violations; and record evidence of human rights violations, document crimes, and investigate criminal proceedings under the principle of universal jurisdictions. During the question-and-answer session with witnesses, members asked questions ranging from the use and abuse of U.S. technology platforms by repressive regimes, to the proposed union between Belarus and Russia and the recent joint Zapad military exercise, to specific cases of human rights abuses in Belarus. Witnesses also discussed the effectiveness of the OSCE’s 2020 Moscow Mechanism investigation and the continuing importance of U.S-funded news outlets such as Voice of America, Radio Liberty, and Radio Free Europe. Related Information Witness Biographies Special Statement from Sviatlana Tsikhanouskaya Press Release: Chairman Cardin Joins Bipartisan Resolution Highlighting First Anniversary of Fraudulent Election In Belarus Press Release: Cardin and Cohen Condemn Persecution of Independent Journalists in Belarus Press Release: Helsinki Commission Condemns Lukashenko Regime for Forced Landing of Commercial Jetliner Leading to Arrest of Raman Pratasevich
Repression in Belarus Focus of Upcoming Helsinki Commission HearingThursday, September 16, 2021
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: SEEKING JUSTICE AND FREEDOM IN BELARUS Tuesday, September 21, 2021 2:30 p.m. Dirksen Senate Office Building Room 419 Watch live: www.youtube.com/HelsinkiCommission More than a year has passed since mass protests against the fraudulent election of Alexander Lukashenko shook Belarus. In the meantime, Lukashenko and his illegitimate regime cling to power by committing ever more serious acts of repression against advocates of democracy and free expression. Hundreds of political prisoners languish in pre-trial detention or have been sentenced to years in prison during closed trials. The regime has effectively criminalized independent journalism and peaceful assembly; no independent justice system exists to hold those in power accountable. As Lukashenko lashes out at the West—even engineering the forced landing of an EU flight to abduct a journalist and sending overwhelming numbers of migrants into the EU via Belarus—the exiled leader of democratic Belarus, Sviatlana Tsikhanouskaya, has been engaging the world on her country’s behalf, calling for new elections, the release of political prisoners, and accountability for the repressive regime. Expert witnesses will provide updates on the current situation in Belarus, including the state of media, the plight of political prisoners, the international legal ramifications of Lukashenko’s violence, and U.S. policy responses and options. The following witnesses are scheduled to testify: Serge Kharytonau, Media Expert, International Strategic Action Network for Security (iSANS) Tatsiana Khomich, Coordination Council Representative for political prisoners, Viktar Babaryka Team Coordinator, and sister of political prisoner Maria Kalesnikava David J. Kramer, Senior Fellow, Florida International University Siarhej Zikratski, Representative on Legal Affairs, Office of Sviatlana Tsikhanouskaya
Cardin, Shaheen, Johnson, and Portman Issue Joint Statement on 30th Anniversary of Ukraine IndependenceTuesday, August 24, 2021
WASHINGTON–Ahead of today's 30th anniversary of Ukraine’s independence, Helsinki Commission Chair Sen. Ben Cardin (MD) yesterday issued the following joint statement with fellow Senate Foreign Relations Committee members Sen. Jeanne Shaheen (NH), Chair of the Senate Foreign Relations (SFRC) Europe and Regional Security Cooperation Subcommittee and a member of the Helsinki Commission; Sen. Ron Johnson (WI); and Sen. Rob Portman (OH): “This is an important milestone for Ukraine, marking three decades since an independent Ukraine rose from the ashes of the Soviet Union’s collapse. Over the years, Ukraine has faced immense challenges in its effort to build a more prosperous future for its people, from rooting out corruption to defending its territorial integrity against an increasingly aggressive Russia. Despite these struggles, the progress made in Ukraine on urgent governance reforms are undeniable, and we, a bipartisan group of lawmakers in the U.S. Senate, congratulate our partners for staying the course. “The U.S. stands in solidarity with Ukraine as it continues to build a democratic, accountable government that is responsive to the needs of its people. We join the rest of free world in rejecting Russia's territorial claim on Crimea and condemning their ongoing assault on Ukraine's territorial integrity in the Donbas region. We are encouraged by President Zelenskyy’s commitment to continue pro-democratic measures that will empower Ukraine and facilitate its entry to NATO and the EU, which is in the best interests of Ukraine, our transatlantic community and U.S. national security. As Ukraine celebrates 30 years of independence, the U.S. reaffirms its support for our partners’ determination to ensure a free, democratic future for all its citizens.”
Chairman Cardin Joins Bipartisan Resolution Highlighting First Anniversary Of Fraudulent Election in BelarusMonday, August 09, 2021
WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) today joined a bipartisan group of lawmakers to introduce a resolution on the one-year anniversary of the fraudulent presidential election in Belarus through which Alexander Lukashenko seized power for a sixth term. The resolution, led by Helsinki Commissioner Sen. Jeanne Shaheen (NH) and Helsinki Commission Ranking Member Sen. Roger Wicker (MS), calls for free and fair elections, reaffirms bipartisan support in the Senate for the pro-democracy movement, free media, and the Belarusian people, and condemns Lukashenko’s recent acts of transnational repression. “A year after the people of Belarus were deprived of their democratic aspirations and desire for change, the United States is taking significant action to target those officials and companies propping up and supporting the Lukashenko regime,” said Chairman Cardin. “Over 600 political prisoners are unjustly detained. Independent media outlets have been raided and shuttered, and Belarusian authorities are attempting to silence NGOs and vital members of civil society, and even Belarusians abroad face intimidation and the threat of kidnapping. I support the Biden administration’s sanctions today, and I am proud to join my colleagues in the introduction of this significant, bipartisan resolution.” “This resolution reflects the important bipartisan work underway in Congress in support of the pro-democracy movement in Belarus and in fierce repudiation of Lukashenko’s continued aggression. Our message is clear: we are watching and there will be consequences for actions that violate the rights of Belarusians, wherever they occur,” said Sen. Shaheen. “Our bipartisan message from the Senate comes on the one-year anniversary of Belarus’ stolen election and as the Biden administration has rightly announced additional sanctions, in coordination with our UK and EU allies, for human rights abuses and increasing acts of transnational repression. The U.S. will not be silent as Lukashenko’s tyrannical regime escalates crackdowns against the Belarusian people and obstructs the pro-democracy movement and freedoms that the Belarusian citizenry are fighting so hard to secure.” “As the first official act of the Free Belarus Caucus, this resolution is a strong first step to show the world the U.S. Senate stands with the Belarusian people in their fight for freedom and new elections that are free and fair,” Sen. Wicker said. “I urge my colleagues to support this resolution as we work to promote democracy and oppose the ongoing abuses of the Lukashenko regime.” Helsinki Commissioners Sen. Thom Tillis (NC) and Sen. Marco Rubio also joined the resolution, alongside Sen. Ron Johnson (WI), Sen. Dick Durbin (IL), Sen. Rob Portman (OH), Sen. Chris Murphy (CT), Sen. Tim Kaine (VA), Sen. Chris Van Hollen (MD), Sen. Ed Markey (MA), and Sen. Bill Hagerty (TN). On Friday, Sen. Shaheen and Sen. Wicker announced the formation of the Free Belarus Caucus in the Senate, which includes a bipartisan group of seven other senators with the purpose of advocating for democracy and free and fair elections in Belarus.
Co-Chairman Cohen, Ranking Member Wilson Introduce TRAP Act In HouseFriday, July 30, 2021
WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) and Ranking Member Rep. Joe Wilson (SC-02) yesterday introduced the Transnational Repression Accountability and Prevention (TRAP) Act in the U.S. House of Representatives. The legislation makes fighting abuse of INTERPOL a key goal of the United States at the organization, mandates that the United States examine its own strategy to fight INTERPOL abuse, and protects the U.S. judicial system from authoritarian abuse. The legislation was introduced by Helsinki Commission Chairman Sen. Ben Cardin (MD) and Ranking Member Sen. Roger Wicker (MS) in the Senate in May 2021. “Using the legal system and INTERPOL to harass political opponents is becoming far too common,” said Co-Chairman Cohen. “Russia, Azerbaijan, Kazakhstan, Tajikistan, and Turkey frequently issue meritless INTERPOL requests that violate key provisions of INTERPOL’s constitution, subjecting international travelers to unnecessary inconvenience. The TRAP Act cracks down on the misuse of these tools to prevent autocrats from harassing their own citizens overseas.” “Dictators are increasingly pursuing political opponents and dissidents across borders. Through surveillance, harassment, and even assassination, these autocrats are attempting to build a world safe for authoritarianism—where speaking out against brutal regimes might destroy your life,” said Rep. Wilson. “It is imperative that we fight back. INTERPOL abuse is one of the worst forms of this transnational repression and I am pleased to introduce the TRAP Act with other Helsinki Commission leaders to curb it.” The Helsinki Commission regularly receives credible reports from political dissidents, human rights defenders, and members of the business community who are the subject of politically-motivated INTERPOL Notices and Diffusions requested by autocratic regimes. These mechanisms, which function effectively as extradition requests, can be based on trumped-up criminal charges and are used to detain, harass, or otherwise persecute individuals for their activism or refusal to acquiesce to corrupt schemes. Russia is among the world’s most prolific abusers of INTERPOL’s Notice and Diffusion mechanisms. Other participating States of the Organization for Security and Cooperation in Europe (OSCE)—principally Azerbaijan, Kazakhstan, Tajikistan, and Turkey—and other authoritarian states, such as China, also reportedly target political opponents with INTERPOL requests that violate key provisions of INTERPOL’s Constitution, which obligate the organization to uphold international human rights standards and strictly avoid involvement in politically-motivated charges. One notable example of autocratic leaders using this power to harass their political enemies occurred in Rwanda. Paul Rusesabagina, a staunch critic of the Rwandan government, was arrested while traveling through Dubai after Rwanda asked INTERPOL to issue a Red Notice. Rusesabagina was then returned to Rwanda on false terrorism charges. Turkey’s government also has abused INTERPOL to target Enes Kanter, an NBA basketball player, who lives in the United States. Kanter is an outspoken member of a religious group that largely opposes the Turkish President. Original co-sponsors of the bipartisan bill include Helsinki Commissioners Rep. Emanuel Cleaver, II (MO-05), Rep. Brian Fitzpatrick (PA-01), Rep. Ruben Gallego (AZ-07), Rep. Richard Hudson (NC-08), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. Sheila Jackson Lee (TX-18), Rep. Tom Malinowski (NJ-07), and Rep. Peter Meijer (MI-03) also are original co-sponsors.
OSCE SHDM on Digital Technology and Human RightsMonday, July 26, 2021
OSCE Conference on Risks and Opportunities Posed by Digital Technologies On July 12 and 13, 2021, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) held the third Supplementary Human Dimension Meeting (SHDM) of the year, titled "Digital Technologies and Human Rights - Opportunities and Challenges." The virtual conference included representatives from 45 OSCE participating States; a dozen OSCE missions and institutions, including the OSCE Parliamentary Assembly; more than 140 academic, national, and non-governmental human rights institutions; and international organizations like the Council of Europe, European Union, and the United Nations. Digital technologies affect human rights, gender equality, and the rule of law, and in her opening remarks, Swedish Foreign Ministry Director-General for Political Affairs Elinor Hammarskjöld stressed the nexus between digital technologies and Swedish OSCE Chairpersonship-in-Office (CiO) priorities. The COVID-19 pandemic underscored how the digital divide disproportionately affects women and girls, she explained, and stressed the threat that widespread use of digital technologies can pose to fundamental freedoms if used indiscriminately by authorities. Panelists highlighted opportunities for digital technologies to benefit societies and human rights defenders, as well as dangers they can pose to human rights. Maia Rusakova, associate professor of sociology at St. Petersburg State University, warned that data collection technologies have facilitated online recruitment by human traffickers. However, facial recognition, artificial intelligence, and tracking blockchain financial transactions and social media activity could play a role in combatting the digital threats of human trafficking. Susie Alegre, an associate at the human rights NGO Doughty Street Chambers, highlighted how cutting-edge data collection can raise awareness of threats to human rights, support investigations, facilitate positive social change, and support human rights defenders. Examples include Data 4 Black Lives, eyeWitness to Atrocities, Forensic Architecture, and Bellingcat. Elif Kuskonmaz, a lecturer at the University of Portsmouth, cautioned that misuse of facial recognition technology could pose threats to peaceful assembly and freedom of speech, and that it could be exploited to wrongfully detain citizens. To prevent such abuse, she recommended that participating States adopt adequate legal frameworks concerning the collection, use, storage, and sharing of personal data. She urged all participating States to review the Council of Europe's Convention 108+, which addresses personal data collection in a national security context. Other panelists explored the capacity of artificial intelligence systems to reinforce existing structural inequalities through algorithms and the subsequent human rights implications. Civil Society Concerns about Government Use—or Abuse—of Digital Technology Civil society participants shared human rights concerns related to governmental use of digital technologies. Many urged the OSCE to call out repressive behavior and help participating States establish adequate legal protections against misuse. Several urged the United States and the European Union to target sanctions against the worst offenders. Many participants also took the opportunity to raise human rights concerns directly with government officials, and alleged misuse of data collected by government agencies to persecute human rights defenders, social activists, and their families. For example, civil society activists from Kazakhstan accused the government of conducting digital surveillance and censorship on NGOs and activists, and they complained that mandatory “security certificates” allow the government to monitor and block use of non-government-controlled social media sites such as Facebook, YouTube, and Instagram. Other NGOs raised concerns about Spain's treatment of protesters in Catalonia, Greece's treatment of Turks in Western Thrace, and Russia’s occupation of Ukraine, including Crimea. A German NGO called for the abolition of facial recognition technology due to its use by law enforcement to profile specific ethnic groups and minorities, including Roma and Sinti. Civil society participants also expressed concerns over participating States’ use of digital technology to target dissent by deploying spyware against individuals, spreading misleading government-sponsored content, and silencing protest groups and democratic movements. Several NGOs argued that their governments exploited conditions imposed by the pandemic to use surveillance camera footage, geolocation data, and contact tracing as part of a domestic surveillance campaign to discourage public political dissent. Participants highlighted how technology has been used to spread racist messaging, including the racist abuse of English football players following the recent Union of European Football Associations Euro 2020 matches. Many voiced their dismay that social media companies do not hold accountable individuals who spread racist content. Participants recommended that social media companies implement more robust algorithms to detect racist remarks. Participating States Respond Several participating States addressed the use of technology. The European Union recognized the importance of addressing human rights abuses that arise from the misuse of digital technologies. Turkey responded by touting its 2016 law on data protection and emphasizing its multiculturalism. The Holy See responded that it is necessary to improve education in proper use and effects of technology. The Holy See also called for international regulations to guarantee the protection of human rights and fundamental freedoms, including the right to private personal electronic communication.
Ranking Member Joe Wilson on July 2021 Congressional DelegationWednesday, July 21, 2021
Mr. Speaker, this month, I was grateful to participate in a Congressional delegation of the OSCE Parliamentary Assembly led by Senator Roger Wicker and Senator Ben Cardin. It was inspiring to see the extraordinary economic advances of Estonia and Bulgaria. In Tallinn, Estonia, we were welcomed by the dynamic Prime Minister, Kaja Kallas, and the dedicated Foreign Minister, Eva-Maria Liimets. While in Tallinn, we learned that Russian diplomats had been expelled in April across the Baltics to join the protest of the Czech Prime Minister, Andrej Babis, exposing the irrefutable evidence that two Russian GRU agents were behind the 2014 ammunition depot explosion at Vrbetice, which killed two persons. The same two Russian agents named by the Czech Republic are suspected by British authorities for poisoning former Russian double agent Sergei Skripal and his daughter in England in 2018. The Czech Republic has correctly demanded Russia pay for damages.
Cardin and Wicker Discuss July 2021 Congressional Delegation in ColloquyWednesday, July 21, 2021
Mr. CARDIN. Madam President, I take this time to talk about the work of the U.S. Helsinki Commission in a recent opportunity we had to participate in the OSCE Parliamentary Assembly. I am joined on the floor by Senator Wicker, who is the Republican chair of the Helsinki Commission. The two of us have worked together in a nonpartisan, bipartisan manner in regards to the work of the Helsinki Commission. I just want to spend a few minutes, and then I am going to yield the floor and allow Senator WICKER to give his comments. The OSCE, as the chair is fully aware as a member of the Commission, represents the U.S. participation in the Organization for Security and Co-operation in Europe—57 states, which includes all of Europe, all of the former Republics of the Soviet Union, and Canada and the United States. The Commission works on the principle of three buckets: one for political affairs and security, another for economic and environmental progress, and the third on democracy and human rights. But it recognizes—and I think this has been the hallmark of the Helsinki Commission—that you can’t have advancements on political affairs or security or economic or environmental progress unless you make progress on democracy and human rights, that they are interwoven. In the Helsinki Commission, the OSCE is best known for its advancements for basic human rights. So I think of the initiatives that we have had in the Helsinki Commission for dealing with trafficking in humans and the legislation that came out of that and how we led the global response to dealing with trafficking. I think about the efforts we made in regards to tolerance, dealing with anti-Semitism, racism, and intolerance and how we have made progress throughout the entire OSCE region. I think about the issues we did in regards to sanctions against human rights violators so they cannot use our banking system or visit our country, the Magnitsky-type sanctions. All of that came out of the work of the Helsinki Commission. So one of the major arms of our work is the OSCE Parliamentary Assembly, which is the group of parliamentarians who meet every year and have meetings throughout the year to exchange views and to carry out the principles of the Helsinki Final Act. For the last year and a half, we have been compromised because we haven’t had an opportunity to meet in person, and it required us to meet by internet, and we have, but we had a unique opportunity during the last recess period to actually travel and meet with the parliamentarians. We had an OSCE Parliamentary Assembly annual meeting in Vienna. And we had a chance to do this in a hybrid manner. So we were able to travel 12-strong from the U.S. Congress to be at that meeting, and we were joined by five others here in the United States, including our Presiding Officer, to participate in the Parliamentary Assembly, and we were able to advance a lot of very important issues. But I must tell you, we were noticed at this meeting. The U.S. presence was critically important in dealing with some very timely issues. I know that Senator Wickerwill talk about this. He is one of the great leaders of the Parliamentary Assembly. He is Vice-President of the Parliamentary Assembly. We are very proud of the leadership position that he holds. By the way, his election was in Vienna to be the Vice President of the Parliamentary Assembly. We had multiple candidates and several elected to Vice-Presidents, but Senator Wicker led the ballot with the largest number of votes, which I think speaks to his well-thought-of respect among the OSCE parliamentarians. We wanted to make sure that this was a substantive meeting. Quite frankly, the leadership of the Parliamentary Assembly said: Let’s just get in there and get it over with and not bring up anything controversial. But that is not the way we operate. We have to take up current issues. So we took up the issue of tolerance. I was happy to sponsor a resolution that ultimately passed by unanimous vote that speaks to anti-Semitism, racism, intolerance, and the growth of hate in the OSCE region. But we also made sure that we considered the recent elections in Belarus and how unfair those elections were and how Mr. Lukashenko has been acting in a way that is so contrary to the human rights of the people who live there, and the election results there do not reflect the will of the people. We also had a chance to make sure we took up the issues concerning Ukraine. Once again, there was a lot of controversy on why you should bring that up during this meeting. We did. We supported that to make it clear that Russia’s aggression and its occupation of Crimea and its interference in eastern Ukraine will never be recognized as legitimate by the United States or, by that matter, the Parliamentary Assembly, because we responded in all of those areas. I am pleased to tell you that we supported Margareta Cederfelt, who is going to be the President of the OSCE Parliamentary Assembly in Sweden, and we look forward to her visit here in the United States. Richard Hudson, Representative Hudson, will be the chair of the first committee. So we are going to have active participation in the Parliamentary Assembly. We had the chance to visit some other countries. But if I might, I think I am going to yield the floor and give my good friend and the leader of our congressional delegation trip an opportunity to expand on some of the things we were able to do in the OSCE Parliamentary Assembly. With that, I yield the floor. Mr. WICKER. Madam President, I thank my colleague from Maryland, who has been such a leader in the area of human rights and international recognition of the challenges that our world faces today. I do appreciate his leadership and his partnership. We have worked shoulder to shoulder on so many issues. Yes, I proudly rise with him this afternoon to talk about a very valuable series of meetings that our 12-member delegation had in 4 countries in Europe in recent days. This was Republicans and Democrats from the House and Senate, a truly bipartisan and bicameral delegation—a very large delegation—which I think my colleague will agree made a strong statement on behalf of the United States of America and on behalf of the U.S. House and Senate about the way we view European engagement and our partnership and friendship with the 50-plus member countries of the OSCE and their Parliamentary Assembly. We visited Vienna, Austria, for the OSCE Parliamentary Assembly. As Senator Cardin mentioned, we met with great success. Yes, I was reelected to the position of vice president, and I appreciate the support of Democrats and Republicans in the House and Senate in helping me get those votes to receive another three-year term there. Richard Hudson, our colleague from the House of Representatives, has been very active as chairman of Committee No. 1 in the Parliamentary Assembly. He is highly regarded. He was reelected without opposition. So there are two bits of success there. And then the great piece of work, actually, was with regard to Senator Cardin's initiative on the rising hate and intolerance that we are seeing all around the world, particularly among member countries of the Organization for Security and Co-operation in Europe. Senator Cardin actually took the lead in challenging the leadership of the Parliamentary Assembly in saying that issues should be discussed. Even though they weren’t in an immediate, like, three-week crisis mode, they deserved to be brought forward. And Senator Cardin was able to get his resolution considered and passed overwhelmingly, and we made a strong statement on behalf of countering the rising hate and intolerance and countering the use of these things to buttress authoritarianism and to stoke conflict around the world. We also passed a very important resolution about the tragedy, the outrage that has gone on in Belarus. I can tell you, the opposition party leader from Belarus was in this Capitol building just yesterday talking about the importance of support from places like the United States Congress. I can tell you, Madam President, that Senator Shaheen and I are about to send a letter to our colleagues asking any and all of us to join a Freedom Caucus for the Belarusian people, the Belarus Freedom Caucus. We asked the opposition leader, Sviatlana Tsikhanouskaya, to tell us whether that would be helpful. She said the formation of this caucus to support the freedom movement in Belarus would be a strong signal. It would be well received and effective on behalf of the opposition leadership there in Belarus. Then, again, we reiterated our opposition to what Russia has done in Ukraine and particularly to the recent Russian military buildup and ongoing aggression in Ukraine. We did a lot there with the Parliamentary Assembly. We went on to Estonia, met with leadership there—a former President, the current Prime Minister, other leaders. And, also, we had a chance to travel to the very easternmost part of Estonia and actually travel on the Narva River and look right across to Russia and the security guards there, understanding what our Estonian allies are up against with Putin’s Russia staring right across the river at their freedom and democracy. From there, we joined the Three Seas conference in Sofia, Bulgaria. I can tell you, this is a group of Eastern European former Soviet Bloc countries that are striving to be in charge of their own infrastructure and rely less on the Chinese Belt and Road Initiative. I think the fact that 12 Americans showed up, participated, met with Heads of state at that conference made a very strong statement of American support for freedom and for looking westwardly in trying to get their problems solved and their infrastructure needs met. We also had a very meaningful visit to Norway, where we saw some American-Norwegian defense initiatives. I am very proud of the partnership that this Helsinki Commission—our organ of the American OSCE PA—and the way that we joined together to express our support for freedom, for democracy, for the rule of law, for opposing corruption, both at the petty local level and also at the larger State-sponsored level. One other thing before I yield back and let my friend close. Particularly in Bulgaria, but also all during our trip, we were met with hearty thanks for the United States leadership in the global Magnitsky Act. This began as an initiative with Senator Cardin, Senator Lieberman, Senator McCain, and me several years ago directed—during the Obama administration—directed toward individual Russians who had violated human rights and individual liberty in a very outrageous and gross way, allowing us to sanction individuals rather than causing harm to the people of Russia in that case. That has been expanded now to the global level and other countries are adopting this. But I can tell you, when we arrived in Bulgaria, we were met with great thanks from people who are trying to combat lawlessness and corruption at the top level of government. I just have to say, of course, Ben Cardin has been the premier leader in this worldwide effort. It was gratifying to know and to learn firsthand on the ground there in Sofia, Bulgaria, that an initiative that began right here in this U.S. Senate years ago, and continues to this day, is having a beneficial effect on the people all across Europe and particularly in some of the countries that we visited. I yield back to the Senator from Maryland. The PRESIDING OFFICER. The Senator from Maryland. Mr. CARDIN. Madam President, let me again thank Senator Wicker. Thank you for your leadership on so many issues. But on this congressional delegation, for those who are not familiar, it is not easy to put together the type of opportunities to advance American values. And Senator Wicker took the responsibility as the leader of our delegation to make sure that we had the opportunities to advance American values. I thank him for all the effort he put into it. It was certainly extremely successful. I just want to emphasize a few things before closing. One, in Vienna, we did have an opportunity to meet with Rafael Grossi, who is the Director General of the IAEA. That is the International Atomic Energy Agency, which has the responsibility of monitoring the nuclear programs throughout the world. Obviously, it has played a bigger role in regard to the program in Iran, and it was monitoring exactly what was happening in Iran under the JCPOA. They now don’t have the same access, and we had a chance to talk with the Director General as to the challenges with the Iranian program. And I think it was helpful for all of us to understand exactly the role that the IAEA can play in regard to getting us information about what is happening on the ground in Iran. Senator Wicker talked about our visit to Estonia, a strong ally partner, NATO partner. We showed our support by going to Narva, which is on the Russian border. It is a town that has a majority of Russian-speaking Estonians. It is an interesting community. But we could see across the river, very clearly, the Russian patrol boats. We know and heard firsthand of the concern of the Estonians. They saw what happened in Ukraine and they worry that same thing could happen in Estonia with Russian aggression. I must tell you, our presence to reinforce the NATO commitment, I think, was an extremely important message that we gave to the Estonian people. Mr. WICKER. Would the gentleman yield on that point? Mr. CARDIN. I would be glad to yield. The PRESIDING OFFICER. The Senator from Mississippi. Mr. WICKER. If I might add, people in Narva, Estonia, and people in the city across the river have access to each other across a bridge there. And it is clear to the people on the Russian side that their cousins and friends in Narva, Estonia, live a better life and have a better standard of living in this free country, this NATO ally called Estonia, than the Russian cousins and friends have on the other side. I just thought I would add that to the discourse before Senator Cardin moves on to discussing Norway and Bulgaria. Thank you. The PRESIDING OFFICER. The Senator from Maryland. Mr. CARDIN. Madam President, let me move onto Bulgaria very briefly. Senator Wicker did cover Bulgaria. The Three Seas Initiative, I wasn’t that familiar with it before traveling to Bulgaria. It is an initiative by twelve states that are basically part of the Eastern European Coalition, states that are developing democratic institutions and democratic economies after the fall of the Soviet Union. They need to build up their resilience as a collective entity in energy, transportation, and digital infrastructure. The Three Seas Initiative is to attract investment to connect the twelve countries together on infrastructure needs. It is for many reasons. It is for its own economic strength and growth, but also for resiliency against the efforts of China on its Belt and Road Initiative, which is trying to infiltrate these countries and convert their way of economy to more of the Chinese system. The Three Seas Initiative is an effort to have their own independent way of attracting capital. The United States is participating in the Three Seas. We are not a member, but we are participating and providing resources for the fund that is being developed that would be leveraged for these type of investments. While we were in Bulgaria, we had a chance to have bilateral meetings. There were twelve heads of state there. We had bilateral meetings with the President of Poland, Bulgaria, Latvia, and Romania. We had very constructive discussions about what is happening in their country. We raised Helsinki issues with all these countries. Senator Wicker already talked about how we were welcomed by the Bulgarian leadership in regards to the imposition of the Magnitsky sanctions. We are heroes. They feel like they have a second chance to try to develop the type of anti-corruption mechanisms that they desperately need. Our visit to Varna, which is on the Black Sea, was very educational to see how Russia is trying to dominate the Black Sea area and one of the reasons why they are so aggressive in Ukraine and the Crimea. I think that was extremely helpful for us to understand the security risks and how we have to work with our NATO partners to protect the Black Sea area, particularly from the potential aggression—not potential—from the aggression of Russia. Also in Bulgaria, we had a chance to visit a Roma village. It is not my first visit to a Roma village. I have visited over the years. It is a real tragic situation. The Roma population have been in Europe for centuries. They lived in communities for hundreds of years, yet they do not have property rights. They have lived in their homes, and yet they do not have the opportunity to have their homes registered. And at any time, the government can come in and take away their property without compensation. They rarely have reliable utilities. The village we visited did not have water systems, so they had to use outhouses, et cetera. They had limited availability of fresh water. Their utility service is not reliable. And they go to segregated schools. They don’t have the same employment opportunities. So we, once again, will raise the rights of the Roma population as part of our commitment under the Helsinki Commission, and we are following up with the local officials to try to help in that regard. Then, lastly, on our way back, we visited Norway. I learned a lot because I did not know about the pre-positioning program. I know my friend Senator Wicker already knew about this from his Armed Services service, but it is where we pre-position equipment so that we can respond rapidly to a circumstance anywhere in the world. The Norway pre-positioning is actually used to help us in regard to the Middle East and our needs in the Middle East. So it was an extremely, extremely, I think, productive visit to these countries. I think we did carry out our commitment under the Helsinki Commission, and we advanced American values. I think we represented our country well, and we were very well noticed. With that, I yield the floor. The PRESIDING OFFICER. The Senator from Mississippi. Mr. WICKER. Madam President, one other thing that our colleagues might not understand about the OSCE is their role in election observation. As we were leaving Sofia on the morning of July 11, we crossed paths with some other representatives from the OSCE from European countries who were there to observe the parliamentary elections being held in Bulgaria that very day. Also, on the same day, Moldova, another member of the OSCE, was having parliamentary elections. We have every hope that the results of these elections will be a further resolve in those two nation members to counter the corruption at the highest level, and we want to congratulate both of those member states of the OSCE for free and fair elections in Europe. With that, I thank my colleague. I yield the floor.
Cardin and Cohen Condemn Persecution of Independent Journalists in BelarusMonday, July 19, 2021
WASHINGTON—In response to the July 16 raids by Belarusian authorities on Radio Free Europe/Radio Liberty (RFE/RL) offices in Minsk, as well as raids on the homes of several independent journalists across Belarus and the arrest of three RFE/RL correspondents, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD) and Co-Chairman Rep. Steve Cohen (TN-09) issued the following statements: “Alexander Lukashenko’s vicious attacks on human rights groups and the news media must end. He clearly fears the power of an independent press that brings credible information and reporting to the people of Belarus,” said Chairman Cardin. “This is why the Biden administration and the Congress are welcoming to Washington the apparent winner of last August’s presidential election, Svetlana Tsikhanouskaya. She clearly speaks for the people of Belarus much more clearly than the Lukashenko administration that has been rejected by the people of Belarus. I urge Belarusian authorities to stop the raids against RFE/RL and other independent news organizations, and to release all political prisoners without exception.” “Independent journalists and human rights defenders in Belarus have shown exceptional courage, but they should not have to do their jobs at risk to their personal safety,” said Co-Chairman Cohen. “Mr. Lukashenko must stop his aggressive intimidation tactics or risk further isolation and condemnation from the international community. We will continue to support democracy and freedom for the people of Belarus.” Since the run-up to the fraudulent August 2020 election, and during the subsequent protests, Belarusian authorities have conducted a sweeping crackdown on journalists, civil society, and opposition politicians. On July 14, Belarusian police conducted sweeping raids against human rights groups and the media, arresting at least a dozen people and targeting at least 19 nongovernmental organizations, including the Vyasna human rights center and the Belarusian Helsinki Committee. In May, Helsinki Commission leadership condemned Alexander Lukashenko’s order to divert and forcibly land a commercial plane in Minsk in order to arrest Belarusian activist and journalist Raman Pratasevich and his companion, Sofia Sapega. In April, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) called on Belarusian authorities to release detained journalists and political prisoners, including RFE/RL consultant Ihar Losik.
Helsinki Commission Delegation Advances Priority Issues at First OSCE PA Annual Session Since Onset of Covid-19 PandemicThursday, July 15, 2021
WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) and Ranking Member Sen. Roger Wicker (MS) last week led a U.S. delegation to the 2021 OSCE Parliamentary Assembly (PA) Annual Session in Vienna, Austria. The assembly was the first major gathering with an in-person component since the onset of the COVID-19 pandemic in March 2020. The 2021 OSCE PA Annual Session was held in a hybrid format, with most of the approximately 250 delegates participating remotely and others convening in Vienna. The United States had more representatives to the in-person meeting of the OSCE PA Standing Committee—comprising the heads of national delegations and other OSCE PA leaders—than any other participating State: Chairman Cardin, as the head of the U.S. delegation; Sen. Wicker, who serves as a vice-president of the OSCE PA; and Helsinki Commissioner Rep. Richard Hudson (NC-08), who chairs the OSCE PA General Committee on Political Affairs and Security. Other members traveling to Vienna included Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Rep. Joe Wilson (SC-02), Commissioners Rep. Gwen Moore (WI-04) and Rep. Marc Veasey (TX-33), Sen. John Cornyn (TX), Sen. Thom Tillis (NC), Rep. Lloyd Doggett (TX-35), Rep. Andy Harris (MD-01), and Rep. Trent Kelly (MS-01). Remote participants in the Annual Session included Commissioners Sen. Tina Smith (MN), Sen. Sheldon Whitehouse (RI), Rep. Robert Aderholt (AL-04), and Rep. Brian Fitzpatrick (PA-01), along with Rep. Sheila Jackson Lee (TX-18) and Rep. Chris Smith (NJ-04). During the Annual Session, the American legislators engaged in debates on political affairs and security, economic and environmental matters, and democracy and human rights. The U.S. legislators also played key roles in the adoption of three resolutions reflecting the major issues confronting the OSCE today: rising hate and its use to bolster authoritarianism and conflict, a call for democratic change in Belarus, and continued opposition to Russian aggression in Ukraine. Chairman Cardin, who also serves as the OSCE PA Special Representative on Racism, Anti-Semitism, and Intolerance, sponsored the first resolution, urging OSCE participating States to adopt an OSCE Anti-Discrimination, Equity, and Inclusion Action Plan, to strengthen the efforts of law enforcement, civil society, and others to tackle discrimination and extremism. In addition, parliamentarians held the first Assembly elections in two years, with both Sen. Wicker and Rep. Hudson easily retaining their leadership posts. Sen. Wicker received the most votes of any of the nine vice-presidential candidates, while Rep. Hudson was elected by acclamation. While in Vienna, members also met with OSCE Secretary General Helga Schmid and other senior OSCE officials, along with International Atomic Energy Agency Director General Rafael Grossi. The in-person delegation also traveled to Estonia, where they met with Estonian Prime Minister Kaja Kallas, Foreign Minister Eva-Maria Liimets, former President Toomas Hendrik Ilves, and Chair of the Riigikogu Foreign Affairs Committee Marko Mihkelson to demonstrate the strong U.S. support for the bilateral security relationship. During a visit to Narva, delegation members engaged with representatives of the local Russian-speaking community and visited the Russia-Estonia border to gain a better understanding of the security situation. “The American alliance with Estonia is based on shared democratic values. We appreciate our bilateral relationship and mutual efforts to support the democratic opposition in Belarus and independent voices in Russia,” said Chairman Cardin. “Across the 57 nations that are part of the OSCE, rising challenges to democratic norms require a sober and sustained response from those committed to the rule of law and the defense of human rights. Estonia and the United States are staunch allies in this effort.” “As the Baltic region faces serious and continuing security challenges, the United States is proud to support our steadfast NATO allies,” Sen. Wicker said. “This visit by a bipartisan and bicameral delegation is representative of the strong consensus in the U.S. Congress to push back against the Kremlin’s malign activities in the region. We also appreciate the important and growing contributions of Estonia and our other regional allies and partners as we work to address global security challenges.” Members then traveled to Bulgaria for the Three Seas Initiative Summit, designed to promote transparent and sustainable investments in energy, transportation, and digital infrastructure that contribute to an undivided, free, prosperous, and resilient Europe. While at the summit, they held bilateral meetings with President Andrzej Duda of Poland, President Rumen Radev of Bulgaria, and President Egils Levits of Latvia to discuss a broad range of security and human rights issues. The delegation also traveled to Varna to examine Black Sea regional security issues; visited a Roma community to better understand the current situation of Roma in Bulgaria and underscore U.S. support for the rights of Bulgaria's Roma population; and met with journalists of the recently re-established Bulgarian service of Radio Free Europe. “We brought a dozen members from the U.S. Congress to Sofia to demonstrate support for the Three Seas Initiative and also to engage with Bulgaria’s leaders and its people about our shared values and basic human rights,” said Chairman Cardin. “Protecting civil and human rights is an essential component of every democracy and we look forward to hearing more about how Bulgaria is safeguarding fundamental freedoms and the rule of law.” “The Black Sea region has seen a troublesome rise in tension recently,” said Sen. Wicker. “Our visit to the area was intended to keep us abreast of the situation and to demonstrate our strong, enduring, and bipartisan support to Bulgaria and our other NATO Allies and partners in the region.” En route back to the United States, the delegation visited the Marine Corps Prepositioning Program Norway, a cooperative effort with a stalwart NATO ally that reinforces regional security and offers direct support to U.S. deployments as far away as Iraq.
The Helsinki Process: An OverviewMonday, June 28, 2021
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.
45th Anniversary of the U.S. Helsinki CommissionMonday, June 21, 2021
I take this time as the Chair of the Commission on Security and Cooperation in Europe, better known as the Helsinki Commission, as we celebrate our 45th anniversary. The Helsinki Commission is the vehicle for U.S. participation in the Organization for Security and Co-operation in Europe (OSCE), representing 57 states that have come together under the OSCE, all the countries of Europe, all the countries of the former Soviet Union, including those located in Central Asia, the United States, and Canada. Mr. President, this is a unique body in that it represents both the executive and legislative branches of government. The executive branch has representatives on the Helsinki Commission, and both the House and Senate have Senators and Representatives that serve on the Helsinki Commission. I am very pleased to have as my co-leader Senator Wicker from Mississippi as the Republican leader in the Senate on the Helsinki Commission. The Helsinki Commission has been responsible for elevating our moral dimension to U.S. foreign policy. Its principles point out very clearly that you cannot have security without dealing with good governance and human rights; you cannot have economic progress unless you have governance that respects the rights of all its citizens. That is why I was so pleased when President Biden announced that his foreign policy would be value-based, that as we participate in our foreign policy challenges, it will always be wrapped in our values, and his recent trip to Europe underscored that important lesson. And then he issued, not two weeks ago, the statement that corruption is a core national security threat and that we have a responsibility to fight corruption in order to protect our national security. I am so pleased of the accomplishments of the Helsinki Commission, particularly from the human rights and human dimension. I go back to my early days in the House of Representatives, when the Soviet Union still existed and the challenges of Soviet Jews trying to emigrate from the Soviet Union. It was the Helsinki Commission that was one of the leading voices to help deal with Soviet Jews. I think about trafficking-in-persons, modern-day slavery, and the efforts that the United States did in leading that effort, including passing landmark legislation in trafficking in persons and establishing a rating system where every country in the world is rated on how well they are dealing with fighting trafficking. Now this has become the model, and so many countries have acted. It was the U.S. Helsinki Commission that led the effort for what Congress was able to pass and the international effort in order to fight trafficking-in-persons. I think about the perpetrators of war crimes and crimes against humanity and genocide, and recognize that it was the Helsinki Commission that pushed to hold those who were responsible for these atrocities accountable, particularly as it related to the Balkan conflict. Then I think about the landmark legislation that was passed in the Congress that deals with sanctions against human rights violators, first the Magnitsky sanctions and then the Global Magnitsky sanctions. It came out of hearings from the Helsinki Commission and legislation that we authored. It is not only the standard here in the United States. It has been adopted as the standard in Europe, in Canada, and in other countries, to make it clear that human rights violators will not be able to hide their illicit funds in our banking system or visit our country. Perhaps our strongest contribution is the oversight hearings that we hold. We also passed the Elie Wiesel Atrocities Prevention Act. But just last week we had a hearing in the Helsinki Commission on how we can prevent atrocities from occurring in the first place. So I am very proud of the accomplishments of the commission. Part of the responsibilities of every member state of the OSCE is that we have the right to challenge any State’s compliance with the Helsinki Final Act Accords. So it is our responsibility to challenge when Russia violates those provisions or when we see violations in Turkey—any member State, we can challenge. But we also have to do our own self-evaluation. As Chairman of the commission, I have been using that opportunity to question conduct in our own country when it does not match the responsibilities that we should have. We saw that in the past in regard to the torture issues in Guantanamo Bay. My participation in the Helsinki Commission goes back to my early days in the House of Representatives and some of my proudest moments of representing our country on the international stage. Let me just give you a few examples. In February 1991, I joined a fact-finding mission to Latvia, Lithuania, and Estonia. That is when the Soviet tanks were in Vilnius. That is when the Soviet Union was demonstrating oppression against the people of the Baltic States. It was a very sad moment of oppression, and we went there to stand up for the people of the region, to let them know that the United States never recognized the Soviet’s occupation of the Baltic States, and that we stood with the people and their independence. It was very interesting. We went from there to Moscow, and Mikhail Gorbachev didn’t want to have anything to do with us. He wouldn’t have a meeting with us, and he wouldn’t acknowledge that we were there. But we had a meeting with Boris Yeltsin, who at that time was the chair of the parliament, and we got great visibility. And Yeltsin supported our efforts to condemn the Russian use of force. I have been to Germany several times. My first trip on behalf of the Helsinki Commission was when it was a divided country, and we went to East Berlin. We were the voices for those oppressed people whose voices could not otherwise be heard, and we gave them hope that one day they would see freedom. I then returned when we were literally taking down the Berlin Wall, and I joined in taking down part of the Berlin Wall. I have part of that as a prized possession in my home. I have returned to Germany as a united country and see what a democratic Germany means and the work of our commission to bring down the Iron Curtain. Germany is now a leading democratic state and a great ally of the United States. I have been to Kyiv, Ukraine, on several occasions. I was there during the Maidan protests, where the people demanded democracy. And then I had a chance to return and monitor the elections in Ukraine with Senator Portman—again, a country that has been able to rid itself of the oppression of the Soviet Union. I have been very active in the Helsinki Commission in regards to the Parliamentary Assembly. I chaired one of their three standing committees. I had a chance to become Vice-President at the Parliamentary Assembly. Today, I acknowledge Senator Wicker, who is Vice-President. It points out the bipartisan nature of the Helsinki Commission and our work on the international platform.
Tribute to Erika SchlagerMonday, June 21, 2021
I want to acknowledge one individual who recently announced that she is retiring, Erika Schlager, after 34 years of service to the Commission and to the global community. Erika received her bachelor’s degree from the University of North Carolina in Greensboro, where she graduated magna cum laude and was elected to Phi Beta Kappa. She earned her A.M. degree from Harvard University in Soviet Union studies and her juris doctor degree with honors from the George Washington University Law School. She studied at Warsaw University as a Fulbright fellow and received a diploma from the International Institute of Human Rights in Strasbourg, France. Quite a record. She used that academic preparation to make a difference in the world—and what a difference she made. Erika has been an unfailing professional in her dedication to doing whatever is necessary to ensure that the commission meets its mandate and defends human rights abroad. Her deep expertise, which she has honed over decades of work, is renowned both among policy professionals in the United States and in the countries of Central Europe that she followed for the commission. Erika is one of our nation’s top experts on Europe’s most vulnerable communities. She is a leading voice on Roma rights—Europe’s largest minority, with significant populations also in the United States. I have joined Erika in the crusade to speak up for the Roma population, a group that has been denied citizenship in so much of Europe. What a difference she has made in their lives. Erika has worked with Members of Congress, the Department of State and the Organization for Security and Cooperation in Europe (OSCE) to address issues ranging from the enslavement and sterilization of Roma to a permanent memorial in Berlin dedicated to the Sinti and Roma victims of the Nazi regime, to annual recognition of International Roma Day. She has brought to my attention the candidacy of Ethel Brooks to be the first Roma board member of the U.S. Holocaust Memorial Museum. I know that Erika will continue to bring Roma perspective and history on the Holocaust to further the tolerance, education, and human rights work of the museum. I have the honor of representing the Senate on the Holocaust Memorial Museum board, and I can tell you that Erika is so deeply respected by the professionals at that museum for the work she has done in furthering the goal of that institution to prevent atrocities against any groups of people. Erika has long been one of my top advisers on the Holocaust restitution and Europe’s Jewish community. She has worked closely with me over the years to raise concerns about the rise of Holocaust revisionism in countries like Hungary and Poland; to foster implementation of the Terezin Declaration on Holocaust Era Assets measures to right the economic wrongs that accompanied the Holocaust; and to hold accountable a French railway that transported thousands of Holocaust victims to their deaths. She worked on all of these issues and made significant progress. Erika has been instrumental in ensuring that the Helsinki Commission works to hold the United States accountable for our own human rights record, examining U.S. policies and conduct concerning Guantanamo Bay detention camps and U.S. policy regarding torture. Erika’s counsel greatly assisted me in my role as the Parliamentary Assembly of the OSCE’s Special Representative on Anti-Semitism, Racism, and Intolerance, where I was focused on human rights and justice here at home and across the expanse of the 57 participating States of the OSCE. From the plight of African Americans and Muslims to migrants and refugees, Erika has been integral to the Helsinki Commission’s mandate of upholding the myriad of human rights commitments defined in the Helsinki Final Act and subsequent OSCE agreements. In addition to her many professional milestones and achievements, Erika retires from the commission having left a deeply personal mark on those she worked with, from diplomats and civil servants to the staff of the Helsinki Commission. She is a natural teacher with a gift of taking a complex issue and distilling it in a way that makes it both relevant and accessible. Erika has taught our diplomats at the Foreign Service Institute and spoken at international meetings and at universities across the nation and around the world. She displayed her exceptional teaching ability at the Department of State’s annual training program on Roma rights, and she has ensured that Roma civil society groups could also participate. She has actively sought out dialogue and collaboration with new colleagues to help deepen their understanding of the Helsinki Commission’s role, of the challenges the commission could usefully seek to address abroad, and of the unique tools at its disposal to do just that. Erika is always quick to ask about a colleague’s well-being or inquire after a family member’s well-being. She has fostered collegiality among the Commission’s staff through her unfailing kindness and good nature. In so doing, she has repeatedly demonstrated how deeply she cares, not just for the work she has dedicated her career to, but also for the people whose great privilege it is to call her a colleague and a friend. I will say on a personal basis that I have benefited so much from her friendship, from her understanding, from her strategic thinking, from where we can make a difference. We know there are a lot of problems around the world. We know we can’t settle all the issues. But Erika helped us focus on areas where we can make a difference, and thanks to her input, we have made a difference. I know I speak on behalf of all Helsinki Commission members and staff and scores of other individuals—many who may not know her name—and groups concerned about advancing human rights around the globe and here at home when I say how we will miss Erika. Henry David Thoreau said: ‘‘Aim above morality. Be not simply good; be good for something.’’ Erika has embodied that maxim in her professional career and in her life. She has made an enormous difference, and she will continue to do so. I wish her all the best with respect to her future endeavors. I know we will continue to hear from her. Thank you, Erika, for the way you served the commission, our country, and the global community.
Sweden's Leadership of the OSCEFriday, June 11, 2021
In 2021, Sweden chairs the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—which comprises 57 participating States stretching from North America, across Europe, and to Central Asia and Mongolia. Even as the OSCE begins to emerge from the global COVID-19 pandemic, it is tackling other critical challenges, including Russia’s ongoing aggression in Ukraine, protracted conflicts in Moldova and Georgia, and the pursuit of a lasting and sustainable peaceful settlement of the Nagorno-Karabakh conflict through the framework of the Minsk Group. Meanwhile, several countries are deliberately spurning their OSCE commitments to human rights, democracy, and the rule of law. Participating States including Russia, Belarus, and Turkey not only stifle dissent in their own countries but also seek to undermine the OSCE’s work defending fundamental freedoms and curtail civil society’s participation in OSCE activities. Other shared challenges include combating human trafficking, countering terrorism and corruption, and protecting vulnerable communities, including migrants, from discrimination and violence. At this virtual hearing, Swedish Foreign Minister and OSCE Chairperson-in-Office Ann Linde discussed Sweden’s priorities for 2021 and addressed current developments in the OSCE region. Related Information Witness Biography
COVID-19 Vaccination Rollouts Expose Underlying Inequalities, Underscore the Need for Equitable, Coordinated Response to Global Health CrisesMonday, June 07, 2021
By Michelle Ngirbabul, Max Kampelman Fellow, and Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE More than one year into the COVID-19 pandemic, over 169 million cases and nearly four million deaths have been reported worldwide. The development and rollout of mass vaccination campaigns have proved to be the most effective, and most important, tools in combating the deadly virus. However, supply chain issues and geopolitical struggles have plagued vaccine rollout efforts, and subsequent delays have exposed and exacerbated existing social, health, and economic inequalities within and among OSCE participating States. To control the ongoing pandemic and prepare for the threats of future global health crises, governments must rely on extensive cooperation and coordination to ensure that vaccination programs and relevant policies are equitable among States. COVID-19 Vaccinations are the Key to Ending the Pandemic Vaccines always have been an important part of managing public health crises. During the COVID-19 pandemic, pharmaceutical companies based in the United States, Germany, China, India, Russia, the United Kingdom, and Sweden rapidly developed the nine leading approved or authorized coronavirus vaccines using various approaches. Vaccines produced by Pfizer, Moderna, Oxford-AstraZeneca, and Johnson & Johnson have been approved or authorized for wide use either in Europe or the United States. The U.S. Food and Drug Administration granted emergency use authorization (EUA) to the Pfizer and Moderna vaccines in December 2020 and to Johnson & Johnson’s Janssen vaccine in February 2021. Likewise, the European Medicines Agency authorized Pfizer for use in December 2020 and Moderna, AstraZeneca, and Janssen in early 2021. The highly effective vaccines inspire hope that an end to the pandemic may soon be within sight both at home and abroad. Systemic Challenges Hampered Effective Vaccination Rollout Despite the number of approved vaccines available, systemic challenges have impeded vaccine procurement and rollout. For example, in the weeks following the Moderna and Pfizer vaccines’ EUA, vaccine supply shortages, bottlenecks in distribution by manufacturers and production errors, and bureaucratic challenges complicated distribution amid a surge in demand globally. While Moderna and Pfizer expanded production, in the absence of a clear national strategy, confusion, delays, and shortages plagued early U.S. vaccination efforts. Across the Atlantic, the European Union’s stuttering vaccination rollout was beset by vaccine shortages, partially due to its insistence on a joint EU vaccine procurement strategy and related bureaucratic delays. Unlike the United States and other countries that rushed to secure agreements with vaccine producers as early as August 2020, the EU’s 27 Member States were caught in lengthy price negotiations, forcing the region to wait at the back of the line to receive shipments. Shortly thereafter, the region’s vaccination efforts were dealt a massive blow when AstraZeneca, the company with which EU leaders signed a contract for at least 300 million doses of its COVID-19 vaccine, informed leaders in January that it was unable to meet agreed supply targets for the first quarter. Despite missteps, at least 12 of the EU’s 27 countries remain confident they will reach targets to vaccinate at least 70 percent of the adult population by the end of summer 2021. Pre-existing socioeconomic inequalities within countries have further complicated early vaccination rollouts. In the United States, the lack of a coordinated, federal response led to the significant disparity of access to vaccinations, varying widely depending upon one’s location, age, occupation, and underlying health conditions. Similarly, the United Kingdom reported lower vaccination rates among Black, Asian, and minority ethnic groups. Additionally, inequalities among countries also severely impacted efforts to control and end the pandemic. Vaccine Nationalism and Inter-State Competition Vaccine shortages also disproportionately affected certain countries in the EU, leading to inter-state competition for vaccines and varied vaccination rates among states. Frustrated with slow vaccine deliveries, authorities have coordinated restrictions on exporting vaccines—Italy, for example, had blocked a shipment of the AstraZeneca vaccine bound for Australia and warned of possible vaccine export restrictions to non-reciprocating countries outside the bloc. In March 2021, European Commission President Ursula von der Leyen stated that the EU would not consider donating vaccine supplies to developing countries until they have “a better production situation in the EU,” as the bloc struggles to maintain its own supply of vaccines EU unity was further challenged as leaders from Austria, Bulgaria, Croatia, the Czech Republic, Latvia, and Slovenia complained to Brussels that vaccines were not being proportionately delivered as originally agreed in the EU’s joint vaccine strategy. Under the modified agreement, less wealthy EU states that could not afford the more expensive Pfizer or Moderna vaccines were forced to wait for AstraZeneca vaccines amid ongoing shortages. The protesting states were also those that had received the lowest number of vaccines at that time, which raised concerns about individual states’ progress to vaccinate their populations and reach herd immunity. Despite early concerns of sustained and widening disparities, technical specifications agreed in April have charted a course for the bloc’s Digital Green Certificates—a digital COVID-19 vaccination record program to be launched in June 2021. Emerging Vaccine Diplomacy Political, economic, and logistical challenges created an opening for Russian and Chinese influence in the region through so-called “vaccine diplomacy.” Amid shortages and uncertainty, Russia and China have filled the vaccine gap by offering exclusive deals or free vaccines in dozens of countries globally. In August 2020, Russian President Vladimir Putin announced that Russian regulators had licensed Sputnik V, the world’s first COVID-19 vaccine, and claimed that clinical trials demonstrated an efficacy rate of over 90 percent. In December 2020, approximately one month after Pfizer and Moderna received approval in the United States and the European Union, China-owned Sinopharm also brought its vaccine to market, claiming a 79 percent efficacy rate. Global experts in vaccine immunology and epidemiology have since criticized Moscow’s and Beijing’s lack of transparency, questioned the reliability of clinical trial data, and raised safety concerns. Despite such skepticism, Russia and China are determined to implement an elaborate international rollout of their vaccines to strengthen their influence abroad, even at the expense of their domestic vaccinations. Between the two countries, China and Russia have secured deals to supply more than 800 million vaccine doses in 41 countries. Hungary, the Czech Republic, and Slovakia were among the first European countries to forego waiting for Sputnik V’s and Chinese-made Sinopharm vaccine’s full approval or authorized emergency use from the European Medicines Agency. In mid-February, 500,000 doses of the initial batch of five million Sinopharm vaccines arrived in Hungary, making it the first member of the EU to receive the Chinese vaccine and authorize emergency use within the country. As of May 2021, nearly 60 countries have registered to administer the Sputnik V vaccine, including OSCE participating States Azerbaijan, Belarus, Hungary, Kazakhstan, Moldova, North Macedonia, Serbia, Slovakia, Ukraine, and Uzbekistan. Austria seemingly used negotiations with Russia for one million doses to bolster its bid for a greater portion of the EU’s pool of bloc-approved vaccines. Although Sputnik V is not approved for use in the EU and received negative ratings by Russia’s own domestic drug regulating body, Slovakia authorized the vaccine for use in late May and followed Hungary as the EU’s second country to administer the Sputnik V vaccine. In Hungary, which leads the EU in COVID-19 deaths per capita, demand remains high for EU-approved doses despite a pervasive government-supported campaign to increase interest in Russia’s jab. As countries attempted to procure vaccines, the Russian Direct Investment Fund was reaching deals with various companies in Italy, Spain, France, and Germany to produce Sputnik V, pending approval by the European Medicines Agency, promising to deliver vaccines for 50 million Europeans from June 2021. China has also signaled further investments in vaccine donations, particularly in countries in or near the Western Balkans—as they turn towards Russia and China for COVID-19 vaccine doses amid the EU’s struggles, intensifying the EU’s geopolitical problem. Adapting Approaches to Meet Emergent Challenges The emergence of varied and highly transmissible mutations of the virus risk in late 2020 and early 2021 outstripped the ability of vaccines to contain the virus, led to the extension or reintroduction of lockdowns, hampered economic recovery, and overburdened health care systems. Emergent variants have further highlighted the need to prioritize vaccination rollouts amid spiking case numbers. Also underscored is the role that effective vaccination programs can play to limit threats against democracy and misuse of global crises by corrupt leaders. Across the globe, challenges posed by the pandemic have provided governments with pretexts to consolidate power and restrict civil and human rights through measures such as imposed lockdowns, allegedly to curb high case counts or deaths. For example, Hungarian Prime Minister Viktor Orbán assumed extraordinary emergency powers with no sunset clause to seize unchecked power. While Orbán eventually opted to remove the most widely-condemned feature of his emergency powers in January 2021, the other elements of the measure remain in place. Systemic challenges also exist in inequities among countries as wealthier countries stockpiled batches of vaccines despite the efforts of COVAX—a global program led by the Coalition for Epidemic Preparedness Innovation (CEPI), GAVI, the WHO, and UNICEF that aims to ensure equitable distribution of COVID-19—to help prevent vaccine stockpiling and subsequent inequities. However, there is hope. An EU summit in March 2021 led to an agreement to improve vaccine production and distribution to its Member States and abroad. As of mid-May 2021, COVAX has shipped more than 59 million vaccines to 122 countries. In the United States, the Biden administration launched a campaign to improve cooperation among industry rivals, increase vaccine production and distribution, promote access to reliable information, enhance cooperation with the EU, and waive vaccine patents. Increased U.S.-EU cooperation could alleviate vaccination shortages, secure supply chains, successfully and safely develop vaccine passports, and achieve widespread resistance to the virus and its powerful variants to save lives and reopen the global economy. Lessons Learned for a More Equitable and Secure Future Vaccines have the potential to mitigate the spread of the virus and help orient the world within a “new normal” post-COVID-19, but only if they are sufficiently deployed. The pandemic illustrated that political leaders, scientists, and citizens cannot operate in silos during health crises. Rather, health emergencies must be viewed as global security crises that require coordination and cooperation among all stakeholders. To reap the full health, societal, and economic benefits of vaccines, programs must be coordinated, inclusive, and equitable. The COVID-19 pandemic demonstrates the enduring importance of the OSCE’s comprehensive approach to security: none are safe until we all are safe.
Helsinki Commission Leadership Joins Inter-Parliamentary Discussion on Human RightsMonday, June 07, 2021
On May 25, 2021, the U.S. Helsinki Commission joined the House Foreign Affairs Committee and European Parliament Subcommittee on Human Rights at the launch event for the EU - US Strategic Inter-Parliamentary Consultation on Human Rights. The inter-parliamentary discussion focused on global human rights sanctions regimes, values-based foreign policy, and opportunities for transatlantic cooperation. Helsinki Commission Chairman Sen. Ben Cardin (MD) emphasized the impact of the Global Magnitsky Act in facilitating accountability by sanctioning the world’s worst human rights abusers, preventing them from entering the United States, and freezing their U.S. assets. Sen. Cardin congratulated the European Union for passing a global human rights sanctions regime and suggested two modifications: first, that sanctions target corruption, which tends to fuel human rights abuses; and second, that the European Union pursues individuals that materially assist human rights abusers, including lawyers, accountants, money launderers, and reputation launderers. Sen. Cardin also identified the need to consider diplomatic measures outside of sanctions, such as a mechanism to evaluate countries’ progress in combatting corruption, similar to the U.S. Trafficking in Persons regime. U.S. Helsinki Commissioner Rep. Steve Cohen (TN-09)—who also serves as chairman of the U.S. House Judiciary Committee Subcommittee on the Constitution, Civil Rights and Civil Liberties—advised that U.S.-EU cooperation will further strengthen the Magnitsky Act and the effectiveness of human rights sanction regimes. Cohen also emphasized the bipartisan support for human rights in the United States. Members of the European Parliament expressed optimism that increasing U.S.-EU coordination on human rights protections will strengthen overall impact. Rep. Bill Keating (MA-09) recognized that the democratic values shared between the United States and European Union can help fight rising authoritarianism and democratic backsliding. Greens Member of the European Parliament Committee on Foreign Affairs and of the EP Subcommittee on Human Rights Jordi Solé (Spain) emphasized the importance of consistency in the U.S. and EU approach to promoting human rights in order to ensure the sanctions mechanism is credible and useful. He also raised the importance of examining the role of the private sector in supporting human rights. U.S. Helsinki Commissioner Rep. Gwen Moore (WI-04) affirmed the importance of supporting emerging democracies and addressing corruption in private industry. Moore acknowledged the one-year anniversary of George Floyd’s murder and noted that the United States should not raise human rights concerns abroad in foreign policy without examining its own adherence to those principles. Rep. Gerry Connolly (VA-11), President of the NATO Parliamentary Assembly, suggested that NATO should actively prioritize democracy promotion, democratic values, and human rights. To close the discussion, Chair of the European Parliament Subcommittee on Human Rights Maria Arena (Belgium) and Rep. Moore highlighted possible initiatives for future U.S.-EU cooperation: coordinated response to human rights abuses in Belarus; cooperation with private industry to protect human rights; cooperation with Afghan NGOs and women’s associations as the U.S. military withdraws from the country; determination of parliamentary diplomacy’s role in addressing human rights abuses; and implementation of measures within the participating States to mitigate democratic backsliding in the West, which would include addressing systemic racism.
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.