Title

Averting All-Out War in Nagorno-Karabakh

Wednesday, October 18, 2017
2:00pm
Russell Senate Office Building, Room 188
Washington, DC
United States
The Role of the U.S. and OSCE
Official Transcript: 
Moderator(s): 
Name: 
Alex Tiersky
Title Text: 
Global Security and Political-Military Affairs Advisor
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Ambassador Carey Cavanaugh
Title: 
Professor of Diplomacy and Conflict Resolution, University of Kentucky
Body: 
Former U.S. Co-Chair of the OSCE Minsk Group (1999-2001)
Name: 
Magdalena Grono
Title: 
Europe & Central Asia Program Director
Body: 
International Crisis Group
Name: 
Ambassador James Warlick
Title: 
Partner and Senior Policy Advisor, Egorov Puginsky Afanasiev & Partners
Body: 
Former U.S. Co-Chair of the OSCE Minsk Group (2013-2016)

Last year, the worst outbreak of violence over Nagorno-Karabakh in more than two decades erupted as the so-called Four Day War in April 2016 claimed approximately 200 lives and demonstrated that the conflict is anything but “frozen.” The Line of Contact separating the parties sees numerous ceasefire violations annually and each one risks igniting a larger-scale conflict that could draw in major regional players, such as Russia, Turkey, and Iran.

Since 1997, the United States, France, and Russia have co-chaired the Minsk Group of the Organization for Security and Cooperation in Europe (OSCE), the principal international mechanism aimed at reaching a negotiated solution to the conflict.

The U.S. Helsinki Commission hosted two former United States Co-Chairs of the Minsk Group process as well as a renowned, independent expert on the conflict to assess the current state of the dispute over Nagorno-Karabakh, the Minsk Group format, and the prospects for achieving a lasting peace.

Magdalena Grono, an expert from the International Crisis Group, underlined the serious potential for further flare-ups in the fighting, which could have severe humanitarian impacts and draw in regional powers. She contextualized the recent clashes and assessed that the conflict was among the most deadly, intractable and risky in Europe. According to her assessment, the conflict is beset by two worrisome trends: deteriorating confidence between the parties and in the settlement process itself as well as increasingly dangerous clashes due in part to the deployment of heavier weaponry.

Ambassador Carey Cavanaugh discussed the role of the Minsk Group in the settlement process while voicing his concern that positions have hardened on all sides. Growing tensions have created risks not only of intentional but also accidental conflict, he said. The Ambassador outlined the limits of the Minsk Group’s mandate, underscoring that it is charged with helping the sides find a solution rather than imposing one from the outside. He lamented that the recent meeting between the Armenian and Azerbaijani presidents apparently failed to achieve agreement on certain confidence and security building measures (CSBMs). In order to stem further escalation, he noted the importance of implementing CSBMs and establishing a direct communication channel between the Armenian and Azerbaijani sides. He concluded by calling on the leadership of Armenia and Azerbaijan to demonstrate the political will to work toward a resolution, for instance by preparing their populations for the compromises that will inevitably be required to achieve peace.

Ambassador James Warlick asserted that while this was a time of significant danger, peace remains within reach. He urged the Armenian and Azerbaijani presidents to engage together on principles that they know can lead to peace, saying that meetings without progress undermine confidence in negotiation efforts. Citing past negotiations, Ambassador Warlick laid out six elements that will have to be part of any settlement if it is to endure.  The Ambassador concluded by underlining that it is up to the governments of Armenia and Azerbaijan to take the first step toward peace by considering measures, even unilateral ones, that will demonstrate their stated commitment to making progress, reducing tensions, and improving the atmosphere for negotiations. 

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Russian Foreign Minister Sergei Lavrov attends OSCE ministerial meetings, where he easily – and with great success – engages with senior officials from around the region. That alone should encourage our secretary of state to be present. Secretary Tillerson attended the 2017 ministerial, and we urge Secretary Pompeo to do the same. Future Challenges Along with successes, we also have seen areas where multilateralism has fallen short. Areas like Nagorno-Karabakh, Transnistria, Chechnya, Abkhazia, and South Ossetia have consumed OSCE attention and resources, but unfortunately, the organization’s actions have not thawed these frozen conflicts. The OSCE may have kept things from getting worse than they might have been otherwise; this is something to praise, but cannot yet be counted as a win. These efforts have been hindered in part by the otherwise positive requirement that major decisions in the organization require consensus. This rule is vital to the OSCE’s success. The organization can convene all parties on an even footing and – because no country can claim that it didn’t voluntarily agree to its commitments – the rule gives unique force to the OSCE’s actions. However, decision-making by consensus also allows a single intransigent country to wield its veto as a weapon, even in cases of otherwise overwhelming agreement. In 2008, Russia successfully blocked the OSCE from establishing a field mission in Georgia as Russian-backed separatists occupied South Ossetia and Abkhazia. Since then, resistance to hosting or authorizing field missions, a core capability of the OSCE, has spread. Belarus kicked out its OSCE mission in 2011. Azerbaijan forced the mission in Baku to close in 2015, and two years later, it insisted on the shuttering of a mission in Armenia. Mongolia, the newest OSCE participating state, has repeatedly requested a mission to foster its continued democratic development and build closer ties with other participating states. Moscow consistently blocks that request. A related and ongoing problem is the lack of transparency of the OSCE’s decision-making. Opening its official deliberations to the public would help make those countries that thwart progress more broadly accountable for their recalcitrance. A more recent challenge comes from the government of Turkey. Ankara continues to use the 2016 coup attempt as pretext for not only violently repressing its citizens and detaining others, including Americans, but also for limiting the participation of non-governmental organizations in certain OSCE meetings. The OSCE is the only international organization that allows NGOs to participate equally with governments in meetings on human rights commitments, allowing these groups to raise their concerns directly. If Turkey has its way, human rights groups might be denied a seat at the table. It is easy to imagine which countries quietly hope this effort will succeed. 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The OSCE’s broad membership and comprehensive definition of security make it an ideal platform to advocate for our interests in a vital region. Its institutions remain singularly placed to moderate regional conflicts, promote respect for human rights, and safeguard essential elements of democracy. We have not only the right, but also the duty, to hold countries responsible if they fail to adhere to the basic principles that we all agreed to in 1975. We also have the responsibility to hear and consider other participating states when they feel that the United States is not fully meeting our commitments. Leading by example means that we must be held accountable, too. At this critical juncture, when the rules-based order appears particularly fragile, any weakening or absence of the OSCE could irreversibly damage the chances for democracy and peace in the region. We must not allow that to happen – and the key is our own steadfastness, in words and deeds. Roger Wicker (@SenatorWicker) is chairman of the U.S. Helsinki Commission and a vice president of the OSCE Parliamentary Assembly. A member of the Republican Party, he has represented Mississippi in the Senate since December 2007. He previously represented Mississippi for 13 years in the House of Representatives. Ben Cardin (@SenatorCardin) is ranking Senate member of the U.S. Helsinki Commission. He serves as special representative on anti-Semitism, racism, and intolerance for the OSCE Parliamentary Assembly. A member of the Democratic Party, he has represented Maryland in the Senate since January 2007 after 20 years in the House of Representatives.

  • Chairman Wicker Welcomes Nomination of James Gilmore as U.S. Ambassador to the OSCE

    WASHINGTON—Following yesterday’s nomination of Gov. Jim Gilmore to serve as Representative of the United States to the Organization for Security and Cooperation in Europe (OSCE), Helsinki Commission Chairman Sen. Roger Wicker (MS) issued the following statement: “I applaud the Trump Administration’s decision to appoint Gov. Jim Gilmore to this important post. Nominating someone of Gov. Gilmore’s stature sends a firm message to Vienna about America’s engagement in OSCE initiatives. I urge my Senate colleagues to move swiftly on this nomination.” Gov. Gilmore currently serves as President and CEO of American Opportunity Foundation. Previously, he served as Governor of Virginia, Attorney General of Virginia, and as Chairman of the Congressional Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction, a national panel established by Congress to assess federal, state, and local government capabilities to respond to a terrorist attack. Gov. Gilmore served in the United States Army for three years, where he was assigned to United States Army Intelligence in West Germany. He is a graduate of the University of Virginia and the University of Virginia School of Law. Gov. Gilmore is the recipient of the Air Force Exceptional Service Award and the Joint Service Commendation Medal for Service to the North Atlantic Treaty Organization.  If confirmed, Gov. Gilmore will have the rank of Ambassador. With 57 participating States in North America, Europe, and Central Asia, the OSCE is the world's largest regional security organization. Headquartered in Vienna, Austria, the OSCE sets standards in fields including military security, economic and environmental cooperation, and human rights and humanitarian concerns. In addition, the OSCE undertakes a variety of preventive diplomacy initiatives designed to prevent, manage, and resolve conflict within and among the participating States.

  • Fighting Racism and Xenophobia against People of African Descent

    By Erika Schlager, Counsel for International Law and Dr. Mischa Thompson, Senior Policy Advisor From September 10 to September 21, 2018, the OSCE participating States held their annual Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland.  Organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), HDIM is Europe’s largest annual human rights conference, bringing together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress.  During the 2018 meeting, three specially selected topics were the focus of a full-day discussion: freedom of the media; the rights of migrants; and combating racism, xenophobia, intolerance, and discrimination.  As part of its efforts to fight racism and xenophobia, ODIHR, with U.S. support, organized a workshop for activists addressing racism and xenophobia against people of African descent. During the two-day event, 18 participants of African descent from Europe and North America focused on the OSCE and other international human rights instruments that address discrimination. U.S. participants included Johnetta Elzie, who led calls for justice following the police killings of unarmed African-American men, including in Ferguson and Baltimore, and David Johns, who called for police to address hate crimes targeting transgender African-Americans.  The group discussed efforts by civil society to collect and report hate crimes data to ODIHR, coalition-building among diverse groups, strengthening advocacy in international fora, and building information exchanges in various countries.  The discussion also touched on the International Covenant on the Elimination of All Forms of Racial Discrimination and International Decade for People of African Descent (2015-2024). Activists at the HDIM On September 20, the HDIM agenda focused specifically on racism, xenophobia, intolerance and discrimination. Workshop participants were invited to join government representatives and NGOs to discuss a broad set of challenges in both formal sessions and during side events. Canadian NGOs advocated for expunging marijuana drug charges disproportionately impacting Black men as part of legalization efforts in their country. Polish activists reiterated concerns that police are not adequately investigating hate crimes and, in some cases, have arrested undocumented migrants when they came to police to report a hate crime. A Hungarian participant sought support to address negative perceptions of refugees following the adoption of laws imposing criminal penalties on Hungarians who assist asylum seekers. A French participant spoke of discrimination impacting Black Muslims and the need to address racial and religious bias.  One participant questioned when a Swedish national plan addressing anti-black racism or “Afrophobia” would be implemented. A defamation case launched against European Parliamentarian Cecile Kyenge for calling the Italian political party The League “racist” led participants to question how racial prejudice and discrimination could be addressed if activists faced retribution for simply naming the problem.  Participants also expressed concern about a forecasted decline in diversity in the European Parliament that will follow a post-BREXIT loss of UK parliamentarians, at a time when political parties espousing “anti-foreigner” views are predicted by some to increase in power. Several countries responded to issues raised by the participants during the meeting. A representative for Sweden thanked civil society members for participating in HDIM and highlighted the government’s recent increase in funds and national plans to address racism, stating plans to address “Afrophobia are underway.” A U.S. representative indicated support for civil society participation in the meeting, calling civil society “brave,” and admonished the excessive use of force by law enforcement, particularly when linked when racial discrimination. The representative detailed the legal proceedings taken against the city of Ferguson by the U.S. Department of Justice that have resulted in implicit bias, community policing, mental health sensitivity, and other training to improve relations between police and the African-American community in Ferguson. Canada thanked participants for sharing their experiences and reiterated its commitment to addressing racism and discrimination.  Recommendations from participants in the September 20 session included: Increasing the representation of people of African descent in OSCE institutions and leadership positions Adopting national action plans to improve the situation of people of African descent, including implementing the International Convention on the Elimination of All Forms of Racial Discrimination and the International Decade for People of African Descent Collecting disaggregated data on hate crimes and discrimination in housing, education, employment, and other sectors impacting people of African descent Targeting programs for refugees and migrants of African descent, including an increased focus on integration Training initiatives to improve police interaction with African descent populations, including migrant and refugee populations Increasing support for civil society and work in partnership with civil society  

  • The Human Dimension is a Parliamentary Priority

    Each September, the OSCE focuses considerable attention on its body of commitments in the human dimension, ranging from human rights and fundamental freedoms, to democratic norms and the rule of law, to tolerance in society and other humanitarian concerns. For two weeks, the participating States and interested non-governmental organizations gather in Warsaw, Poland, to review implementation of OSCE commitments in each of these areas.  This Human Dimension Implementation Meeting (HDIM) is organized under the auspices of the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR). Other OSCE institutions, like the High Commissioner for National Minorities and the Representative on the Freedom of the Media, also participate in the exchange of views. Traditionally, the OSCE’s Parliamentary Assembly (OSCE PA) is also represented at the meeting, and its presence this year was particularly strong. About the OSCE PA The OSCE PA is one of the original institutions of the OSCE and consists of 323 parliamentarians who gather three times a year, including at an annual session each summer where resolutions are adopted. Today’s high-profile OSCE work on human trafficking, anti-Semitism, and media freedom began years ago with initiatives undertaken by the assembly and transferred at the urging of parliamentarians to national governments for concrete follow-up activity. Decision-making in the OSCE PA is usually based on a majority vote, which contrasts with the consensus needed among government representatives in OSCE diplomacy. This allows the Assembly to address issues, particularly in the human dimension, in a way that reflects the overwhelming opinion of the participating States but would be unlikely to succeed in other OSCE bodies, where representatives of offending countries can block action.  For example, in the past five annual sessions the OSCE PA has adopted resolutions condemning Russia’s clear, gross, and uncorrected violations of Helsinki principles in it aggression against Ukraine, including violations in the human dimension.  At the 2018 annual session in Berlin last July, Russian parliamentarians unsuccessfully opposed consideration and adoption of a text on human rights violations in Russian-occupied Crimea, and on the human rights situation in Russia itself. The OSCE PA also criticizes other countries’ record in the human dimension records—including actions of the United States—but the assembly’s criticism is generally commensurate with the severity of perceived violations. The OSCE PA defends ODIHR in its work facilitating implementation of commitments where needed, and civil society in its advocacy of human rights. At the 2018 annual session, parliamentarians condemned the ongoing efforts of Turkey and some other countries to restrict non-governmental voices at the HDIM and other human dimension events, or to dilute them with non-governmental organizations formed at the behest of some of the more repressive regimes in the OSCE region.  In Berlin, the OSCE PA called “on all OSCE participating States to welcome NGO participation in OSCE events, and to reject all efforts to restrict participation in OSCE human dimension events so long as these groups do not resort to or condone violence or terrorism, to ensure the broadest possible contribution from NGOs to the OSCE’s work and a full and unrestricted exchange of information and opinions.” OSCE PA Participation in HDIM 2018 OSCE PA President George Tsereteli addresses the 2018 Human Dimension Implementation Meeting in Warsaw. In 2018, five OSCE PA officers—all elected members of national parliaments—spoke at the HDIM.  OSCE PA President George Tsereteli of Georgia addressed the gathering’s opening session, observing that while the human dimension is also known as the “third dimension” of the OSCE’s comprehensive approach to security, it “should always be our first priority.” “When we put our OSCE hats on, our primary goal is to better the lives of the more than one billion people in the OSCE area,” said President Tsereteli. “Our duty is to respond to their desire to live in a free society, where democratic debate is encouraged and not stifled, where journalists are respected and not jailed or killed, where a simple citizen can trust that his or her voice counts and is not discarded.” Two of the OSCE’s nine Vice Presidents—Isabel Santos of Portugal and Kari Henriksen of Norway—also attended. Santos focused on the human rights of migrants, and Henriksen on promoting opportunities for women and children that will protect them from human trafficking. Two of the three officers of the OSCE PA’s General Committee on Democracy, Human Rights, and Humanitarian Questions were also in Warsaw. Committee chair Margareta Kiener Nellen of Switzerland addressed hate crimes and hate speech, including ways to combat them, while committee rapporteur Kyriakos Hadjiyianni of Cyprus focused on challenges to freedom of the media, ranging from rhetorical attacks to violence and incarceration of journalists. OSCE PA human rights committee rapporteur Kyriakos Hadjiyianni delivers remarks at the freedom of the media session at the 2018 HDIM in Warsaw. Other Human Dimension Activities Throughout the year, the OSCE PA deploys short-term election observation missions and represents the OSCE as a whole in reporting the preliminary conclusions immediately after elections take place. The assembly also has an active Ad Hoc Committee on Migration, chaired by Belgian parliamentarian Nahima Lanjri, which encourages humane treatment of refugees and migrants alike, including respect for their rights, in accordance with international norms.  Various Special Representatives of the OSCE PA President also have human dimension portfolios, including Helsinki Commission Co-Chairman Rep. Chris Smith (Human Trafficking Issues) and Ranking Commissioner Sen. Ben Cardin (Anti-Semitism, Racism and Intolerance).

  • Interview with Chris Engels, Director of Investigations and Operations, Commission for International Justice and Accountability

    By Nathaniel Hurd, Senior Policy Advisor The Commission for International Justice and Accountability is a non-governmental organization that investigates atrocity crimes and terrorism committed during conflicts and prepares evidence for prosecutions in criminal trials. Chris Engels is a lawyer with more than 15 years of international experience. In 2016, he testified before the Helsinki Commission on bringing perpetrators of genocide and related crimes to justice. This interview covers the work of CIJA and Engels, U.S. national security interests, legacy, and current efforts on accountability for international crimes and terrorism, the support of Congress, and how being an American from Mississippi shaped Engels’ life and career. What is the Commission for International Justice and Accountability? CIJA’s core work is to collect evidence of international crimes such as genocide, crimes against humanity, war crimes, and terrorism committed during conflicts. Our current investigations include Iraq, Syria, Burma, and the Central African Republic. We have seen in our careers that evidence against dictators, military leaders, terrorist groups and others who committed terrible crimes, often against their own citizens, is destroyed, stolen, or hidden away by those responsible for these crimes. Because it is close to impossible for government law enforcement or international organizations to work in these places, given the security issues related to operating in an active conflict zone, we have taken on this task. We are able to collect, preserve and analyze all types of evidence, including paper documents, hard drives, laptops, and smart phones as well as open source and social media materials. We also speak to witnesses, whether they be victims, bystanders or those who had some role in the organizations that we are looking into. An important part of this work is to bring together evidence that demonstrates the responsibility of leaders who hide behind layers of command, who don’t get their hands dirty but are most responsible for the terrible crimes they plan and order others to commit. We also work with governments that are trying to deal with insurgent groups in their own countries. It’s completely reasonable that governments have little experience dealing with collection and analysis of evidence of these types of crimes, until they are attacked by an armed group. We’ve been dealing with these crimes for a long time and can advise and assist them as they fight to stop an insurgency and build cases against those who are responsible for the crimes. We help ensure that the right people are prosecuted for the full range of their crimes. The job is challenging, but we have a great group of people working with us who are highly motivated to make sure these criminals don’t get away with their crimes. Our team is made up of investigators, analysts, lawyers, and security professionals from a number of countries, with experience in all of the recent conflicts around the globe. We are also a local organization in a way, because we have team members from the countries we work in who are incredibly committed to bringing to justice those who are tearing their countries apart. Together, we are a unique and dedicated group. That’s the key to our success. Religious and ethnic minorities, like Christians and Yazidis, were targeted by ISIS for genocide, crimes against humanity, and war crimes. What work has CIJA done on atrocity crimes against these groups? CIJA is designed to tackle these challenging issues. We have done a great deal of work to identify those ISIS members responsible for crimes against minorities such as Yazidis and Christians, and we hope to do more. I believe that our work not only promotes justice for minority victims, but also helps to cut through political rhetoric and get to the facts. On the one hand, criminal investigations will lead to the individuals responsible being brought to justice. This is key for any community. We need to make sure that those who target minority groups are not allowed to go free, particularly in the same areas, living amongst the same groups that they killed, tortured and abused. At the same time, some people see these terrible crimes committed against minorities as a political issue, and then might refuse to label crimes a genocide or crimes against humanity for political reasons. Providing high quality evidence of the crimes committed, can minimize the politics involved and redirect people to the important issues, the safety of minority communities, justice for past crimes, and the right to return to and remain in their homes and their communities as quickly as possible. What is human rights documentation? How is it different from the work of CIJA? CIJA is the first, and still only, nonprofit set up to collect and analyze evidence of international crimes during conflict for prosecution. Other groups conduct what you’ve called human rights documentation. This is different in form and substance. Human rights documenters focus on collecting information and statistics on crimes committed. They then publish reports in order to raise awareness of crimes and lobby for other governments to get involved. This is noble work, unfortunately today, we see in Syria a situation where it is possibly the most heavily documented conflict in history from a human rights advocacy perspective, but this great work has not slowed the abuses committed in the country. Another difference is that CIJA investigates up to a criminal law standard, documenting the chains of custody of materials for example so that the evidence can be used successfully at trial. This level of evidence collecting is not needed for human rights documentation. Also, we are committed to working with law enforcement. Human rights documenters do not always want to work with law enforcement, because they want to remain independent in their reporting or because they do not have consent of their sources to share information with law enforcement. This all makes sense for their work. We simply have a different focus Who funds CIJA? We have had a number of donors over the years. Our current donors include the United Kingdom, Canada, the European Union, Germany, Demark, the Netherlands, and Norway. Describe your work as Director for Investigations and Operations. There is plenty of variety in my work, and I enjoy that. I am constantly on the road meeting with our field team members, working with local law enforcement, talking to witnesses, and training others to do this type of work. Of course, I spend some days in the office behind a computer hammering out management reports, doing research, writing up notes of interviews, and managing the operational side of the organization. That includes sitting with our team leaders to work out investigative plans, addressing security issues across the different conflict zones and countries where we have people, and developing strategies for our future work. I work with a great team full of dedicated people who all work hard. It is not always the case that you get to work with a competent team that enjoys their work. I am extremely fortunate to have such a professional and passionate team at CIJA. Describe CIJA’s collaboration with the Department of Homeland Security, FBI, and other U.S. government entities. By design, CIJA has a strong relationship with U.S. law enforcement. CIJA’s primary goal is to assist in the prosecution of those responsible for the terrible crimes committed during conflicts. We have the advantage of being able to operate safely in conflict zones with unique skills to preserve the materials we collect in a way that they can be used at trial. This is the key to our success. We are not interested in writing reports, human rights advocacy or political discussions. Those things are, of course, important. But CIJA focuses simply and solely on collecting evidence to ensure dictators, terrorists, and their cronies who kill, torture, and rape civilians do not escape justice. Once we have done our job, the information needs to get to law enforcement so that justice can be done. To do that, we work with any legitimate governmental agency that is investigating these types of crimes including the FBI and DHS. We are happy to work with them and believe it is our responsibility to do so. We received over 500 requests last year to assist in law enforcement investigations and the number is increasing this year. In the United States, this work has a national security element as well. If we can stop these criminals from getting into the United States, then we are all better off. By collecting evidence now, we can identify those who are responsible for these crimes and this information can assist in making sure they do not get visas and are not allowed to enter the United States. You can see how this information provides important data necessary to secure our U.S. borders against international criminals. Have members of Congress supported the work of CIJA? Oh yes. The best example of this is probably from congressional hearings on the issue. I have had the opportunity to appear before the Helsinki Commission and the Lantos Commission to discuss international criminal justice. Helsinki Commission Chairman Senator Wicker and Co-Chairman Congressman Smith, are both great supporters of this type of work and they fully support our justice efforts. More generally, you can see the will of Congress to support this type of work in the many resolutions, laws passed, and bills still making their way through Congress–like H.R. 390 (Iraq and Syria Genocide Emergency Relief and Accountability Act). It is clear to me that Congress supports justice for victims of these crimes and sees the value in making sure dictators and terrorists are brought to justice, giving notice to those who may consider similar paths in the future. How is this work relevant to the national security of the United States? It is directly relevant in many ways. For example, we have spent the last four years investigating individuals associated with Islamic State in Syria and Iraq. We have collected a great deal of evidence on fighters who had no plans to leave Syria when they arrived. Those who were completely happy to participate in the terrible crimes committed against civilians while Islamic State was winning the fight. Today, with the near totally defeat of Islamic State in Syria and Iraq, we see that many of these fighters are now trying to get back into Europe and eventually will attempt to make their way to America. The evidence we have will help ensure these individuals are not allowed to travel freely, and if they do try to do so, they will be arrested and prosecuted. I’d say a second benefit is that our evidence shows clearly that these so-called holy warriors were in reality drug traffickers, human traffickers, rapists, slavers, thugs and criminals that simply used their power to exploit and abuse anyone they chose for any reason. I think this helps open the eyes of some vulnerable young people who might join these types of groups. Islamic State has made good use of propaganda, but the reality is very different. Demonstrating this with strong evidence is a necessary part of any effort to stop the ideology from spreading into the country. We are happy to be working on that. It’s also important to say that governments that do not respect the rights of their own people certainly do not respect the rights of other people. It is not a coincidence that many governments which permit or even actively engage in the murder, torture, and rape of their citizens also protect, harbor, and even support people engaged in international terrorism. Regimes willing to engage in atrocities often become exporters of that terror to the United States and our allies at home and abroad. When the international community holds officials accountable for their crimes through fair trials, not only is justice served but it can also deter those who threaten peace and security from acting in the future. What is the American legacy, past and present, on this work? America’s leadership has promoted international justice from its earliest days. We were the engine behind the Nuremburg Tribunal and the other post-WWII prosecutions. We were a driving force for the Yugoslav and Rwanda tribunals. America has been an advocate of justice across the world and ready to stand up against dictators who were killing their people. This process is never simple; it’s often messy. But we as a people have pushed forward this sense of responsibility to protect others who cannot protect themselves. I believe that is a noble American trait that should preserved. What is it like being an American doing this work? What do you tell people abroad about your home country and home state? Do you miss home when you are abroad? Absolutely, I miss home when I am abroad. I think there are a lot of people working internationally who used this type of work to get out of the place they came from for whatever reason. That is not me. I love Mississippi; my family is there and so are the catfish and the crawfish. I believe in the work I do and that work takes me all over the world, but Jackson is my home. To put it more succinctly, the first house I bought was in Jackson, and I assume the last house I live in will be in Jackson as well. That is not to say I do not enjoy my time abroad. Even after 15 years or so of working overseas, I still feel lucky to be out in the world meeting interesting people from different backgrounds, hearing their stories and sharing some of my own Mississippi stories as well. Mississippi is complex, with all its relaxed, humid goodness mixed up with its troubled history. We all know, if you don’t keep an eye on that history, it will try to catch back up with the present, and I think most Mississippians are mindful of that. I used to be frustrated by all the preconceived notions people had about the South, but I got over that long ago. Sometimes, though, I have to remind people that I didn’t just pop out of the screen from a Hollywood movie or some anachronistic South, lacking culture and grammar, divided into two simplistic race-based groups that perpetually make bad decisions that keep them both poor and ignorant. To tell the truth, I still find it amusing and a little ironic that people who have never visited the South are okay with telling me about how bad things are in the South, but do not see any problem with stereotyping a whole region based on their limited information. I also think that Americans are often criticized for stereotyping or profiling other countries and regions based on limited information. But that mistake is universal. Every place, every people, every country is complex. Just living in a foreign country will teach you that and the learning will be quick. That’s what makes things interesting. The complexities and differences provide us with opportunities to think differently, act differently, and appreciate new perspectives. We in Mississippi can learn from the complex challenges people in other nations have faced. But we have much to share with them as well. More importantly, I run into tons of people who know something about Mississippi, whether it’s because of their love for blues or food, they have family or friends in Mississippi, or they’ve visited and want to talk about their next visit to the South. It’s great to talk to those people whether in Europe, the Middle East, Asia or on a plane in between. I also find plenty of people who are mystified by the South and want to know more. As you’ve probably guessed, I have plenty to say on that topic. There is more to be done to bring communities together in the South, but this experience can be a positive. We have come a long way as a group of people, while still facing relative poverty and still building trust across communities. There is a message in this work for those that are experiencing a civil war or reeling from its immediate aftermath. It’s a long road and not everyone is on board, but our example can give hope to those who currently have little reason to believe their tomorrow will be any better than their today. Describe growing up, going to college, and living in Mississippi. I grew up during a sweet spot in time for a Southerner, I believe. Being born in the mid-70’s, I spent my youth without the Internet. This not only freed up a great deal of time to run around in the woods, paddle down rivers, and occasionally act like I was fishing, but it also meant I was sort of sequestered, unknowingly, from the rest of the world. I also saw a changing South, and a changing Mississippi. By the time I could remember things going on around me, the great unrest of the civil rights era had shifted to a time of Southern-paced reconciliation and while no one would say it was perfect, we were moving forward as Mississippians throughout my youth. I think that reconciliation, like justice, is not something to be completed; it is an ongoing process and must be consciously acted upon by each generation. Looking back, I think we were doing that in my youth. I also picked up a great deal about fairness and respect for individuals from living in Mississippi. We are a people who believe in the power of the individual to change his or her place in life and that those who abuse their power should not be allowed to take advantage of folks. There is a balance in Mississippi between not getting involved in another person’s business and standing up when someone is being mistreated. I think that, as simplistic as it might sound, is the root of my drive to do this work. Mississippi is my home. My family and friends are in Mississippi. My house is in Mississippi. I vote in Mississippi, and I am a member of the Mississippi Bar Association. I spend a lot of time in foreign countries because my work requires it. When people ask me where I am from, I am proud to tell them I’m from Mississippi. I love to tell the story of Mississippi, and when I’m home, I love to live that story. What about your experience as an American, specifically one from Mississippi, has fueled your commitment to justice, accountability, counter-terrorism and preventing violence extremism? What have you learned as an American, from Mississippi, that formed how you see others? I think my experiences growing up have given me some small level of insight into the desire of those I work with to reconcile and rebuild a peaceful and successful society that is better for their children. It’s not just about bringing those to justice who are responsible for these atrocities, it is also about bringing society back together, reconciling after these conflicts, and justice is an important part of that. In Bosnia for years after the war, women walked down the street and saw their rapists, men saw their torturers and young children saw those who executed their fathers and mothers. Communities cannot mend without justice. Martin Luther King Jr. said it well, “True peace is not merely the absence of tension: it is the presence of justice.” I like to think my work helps to ensure that justice is present for dictators and war criminals wherever they might be. Yes, some would consider investigating atrocities in Syria and Iraq a dangerous job, and sometimes it might even seem futile given the fact the conflict has lasted so long, but I believe the time will come when the world will try those responsible, and when that time comes CIJA’s work will ensure that the proper evidence is ready and available. In the meantime, we are constantly working with law enforcement agencies around the world to arrest and prosecute those who leave Syria and Iraq and are found in countries willing to bring them to justice. What are the most satisfying aspects of your job? I hate that there is a need for my job, but I love doing it. One of the most satisfying parts of my job is to see criminals who thought they were going to get away with torturing and killing their own people, their neighbors, and former classmates, arrested and prosecuted for their terrible acts. But it’s not just about bringing those powerful criminals to justice, it is also about bringing society back together and reconciling after these conflicts. Ensuring those who were most responsible are taken out of the mix and are serving out criminal sentences for their crimes is key to making sure the rest of the society can move forward. I don’t believe we can solve all the problems in the world, but I want to do a good job at this small piece of it. If I can do that, then I feel like all the time and energy is worth it.

  • Viewing Security Comprehensively

    By Alex Tiersky, Senior Policy Advisor, Global Security and Political-Military Affairs What does an annual human rights dialogue have to do with peace and security? To the uninitiated, the answer may not be obvious. The OSCE’s annual Human Dimension Implementation Meeting (HDIM) focuses on the compliance by participating States with the Helsinki Final Act’s ten guiding principles for relations between states, including respect for human rights, and with its humanitarian commitments.  Like the OSCE’s annual reviews of the security and the economic/environmental dimensions, the HDIM is a deep dive into a specific group of issues embraced by the OSCE. Yet all three of these dimensions are inextricably intertwined. The 1975 Helsinki Final Act enshrined groundbreaking linkages between the rights of the individual and peaceful relations among states in the concept of comprehensive security. It explicitly recognized that democracy, fundamental freedoms, and the rights of persons belonging to minorities underpin regional peace and security. By signing the document, all OSCE participating States have agreed that lasting security cannot be achieved without respect for human rights and functioning democratic institutions. The Potential of Comprehensive Security Soviet dissident groups were among the first to recognize the potential of the Helsinki Final Act’s then-revolutionary linkages. According to Yuri Orlov in Ludmilla Alexeyeva’s memoir “Thaw Generation,” the founders of the Moscow Helsinki Watch Group observed that the act represented “the first international document in which the issue of human rights is discussed as a component of international peace,” empowering dissident groups to hold their own authorities to account for human rights violations by way of other governments’ assessments. American presidents have repeatedly underlined the significance of the comprehensive concept of security enshrined in the Helsinki Final Act. President Ronald Reagan, returning from discussions with his Soviet counterpart in October 1986, made clear that progress on lessening of tensions and possible arms control agreements would require trust between the two sides, and that this trust was in turn predicated on the Soviet government’s record on meeting human rights commitments: “… I also made it plain, once again, that an improvement of the human condition within the Soviet Union is indispensable for an improvement in bilateral relations with the United States. For a government that will break faith with its own people cannot be trusted to keep faith with foreign powers.” President George H.W. Bush in 1992 underlined that in the act, “participating States recognized respect for human rights as an ‘essential factor’ for the attainment of peace, justice and cooperation among nations.” President Barack Obama in 2015 hailed the act’s central conviction that “the security of states is inextricably linked to the security of their citizens’ rights.” The concept of comprehensive security also lay behind the establishment of institutions such as the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), which is tasked by the participating States with helping governments to meet their commitments to human rights and democracy. ODIHR describes its mission as “a cornerstone of the OSCE’s comprehensive concept of security.” Similarly, OSCE field missions helping OSCE participating States to strengthen their democracy and thereby their security through the implementation of the OSCE commitments in areas ranging from minority rights to media freedom. The relevance of human rights to building and upholding both internal and international peace has also been a reoccurring theme in the work of the OSCE Parliamentary Assembly. For example, in June 2017  the rapporteur of the OSCE PA Committee on Democracy, Human Rights, and Humanitarian Questions urged OSCE “governments to prioritize commitments to protect fundamental human rights and freedoms of every individual in addressing such pressing issues as countering violent extremism.” Comprehensive Security and the Helsinki Commission The comprehensive concept of security also inspired today’s U.S. Helsinki Commission. The commission has heard on numerous occasions from serving government officials just how crucial the relevance of human rights within states is to security among states. For instance, at a Helsinki Commission hearing while serving as Assistant Secretary of State for European and Eurasian Affairs, Philip Gordon emphasized, “The OSCE’s comprehensive approach to security offers a vehicle for engagement across the political, military, economic, and human rights dimensions. ... one of the most important features of the OSCE is that it recognizes that security is not just about what happens between states or beyond borders, but what happens within them.” At the same hearing, then-Assistant Secretary of State for Democracy, Human Rights, and Labor Michael Posner underlined, “Respect for human rights and fundamental freedoms within states is an essential element of security and prosperity among states. This principle lies at the core of the OSCE. Without a vigorous Human Dimension, the Helsinki Process becomes a hollow shell.” Helsinki Commissioners consistently emphasize the linkages between the various dimensions of security in all aspects of their work, including efforts to condemn torture; defend the rights of a free press; protect human rights and fundamental freedoms in the fight against terrorism; or underline the importance of individual liberty and the rule of law as the foundations of the NATO alliance. In 2017, all Senate members of the Helsinki Commission jointly introduced a introduced a bipartisan resolution urging President Trump to recognize the importance of the Helsinki Final Act and its relevance to American national security.  As Chairman Roger Wicker observed, “Peace and prosperity in the OSCE region rest on a respect for human rights and the preservation of fundamental freedoms, democratic principles, and economic liberty.” 

  • Bosnia & Herzegovina

    Mr. President, it is important for this Senate and this country to once again be interested in Bosnia and Herzegovina. During my time in Congress, and particularly since joining the U.S. Helsinki Commission, which I now chair, the Western Balkans have been an ongoing concern of mine. Although our relationship with all of these countries of the Western Balkans is important, the United States has a specific interest, a particular interest, in Bosnia and Herzegovina. We need to concentrate more on that. I had the opportunity in July to lead a nine-member bicameral delegation to Bosnia. The delegation sought to see more of the country and to hear from its citizens, rather than meet only in the offices of senior Bosnian officials. We visited the small town of Trebinje in the entity of Republika Srpska, and we visited the city of Mostar in the entity of the Federation. Then, we went on and visited in Sarajevo, the capital, engaging with international officials, the Bosnian Presidency, and citizens seeking a better Bosnia. Bosnia was a U.S. foreign policy priority when I came to the House in 1995. In less than a decade, Bosnia had gone from international acclaim while hosting the Winter Olympics to the scene of the worst carnage in human suffering in Europe since World War II. The conflict that erupted in Bosnia in 1992 was not internally generated. Rather, Bosnia became the victim of the breakup of Yugoslavia and the extreme nationalist forces this breakup unleashed throughout the region, first and foremost by Serbian leader and war criminal Slobodan Milosevic. The carnage and tragic conflict that occurred in the early 1990s was more than about Bosnia. It was about security in a Europe just emerging from its Cold War divisions and the international principles upon which that security was based. For that reason, the United States, under President Bill Clinton, rightly exercised leadership when Europe asked us to, having failed to do so themselves. The Clinton administration brokered the Dayton peace agreement in November 1995 and enabled NATO to engage in peacemaking and peacekeeping to preserve Bosnia's unity and territorial integrity. That was the Bosnian peace agreement. Almost a quarter of a century later, after the expenditure of significant diplomatic, military, and foreign assistance resources, the physical scars of the conflict have been largely erased. As we learned during our recent visit, the country remains far short of the prosperous democracy we hoped it would become and that its people deserve. Mostar, a spectacular city to visit, remains ethnically divided with Bosniak and Croat students separated by ethnicity in schools, even inside the same school buildings. Bosnian citizens, who are of minority groups, such as Jews, Romanis, or of mixed heritage, still cannot run for certain political offices. This is 2018. They can't run for State-level Presidency, simply because of their ethnicity. Neither can Bosniaks and Croats in Republika Srpska or Serbs in the Bosnian Federation run for the Presidency because of their ethnicity, in Europe in 2018. Nor can those numerous citizens who, on principle, refuse to declare their ethnicity because it should not replace their real qualifications for holding office. This goes on despite repeated rulings by the European Court of Human Rights that this flaw in the Dayton-negotiated Constitution must be corrected. In total, well over 300,000 people in a country of only 3.5 million fall into these categories despite what is likely their strong commitment to the country and to its future as a multiethnic state. This is simply wrong, and it needs to end. In addition, youth employment in Bosnia is among the highest in the world, and many who can leave the country are doing so, finding a future in Europe and finding a future in the United States. This denies Bosnia much of its needed talent and energy. Civil society is kept on the sidelines. Decisions in Bosnia are being made by political party leaders who are not accountable to the people. They are the decision makers. The people should be decision makers. Corruption is rampant. Ask anyone in Europe, and they will tell you, Bosnia's wealth and potential is being stolen by corruption. General elections will be held in October with a system favoring the status quo and resistance to electoral reforms that would give Bosnians more rather than fewer choices. The compromises made two and a half decades ago in Dayton to restore peace and give the leading ethnic groups--Bosniaks, Serbs, and Croats-- an immediate sense of security make governance dysfunctional today. Two-and-a-half-decades-old agreements make governance inefficient today in Bosnia. Collective privileges for these groups come at the expense of the individual human rights of the citizens who are all but coerced into making ethnic identity their paramount concern and a source of division, when so many other common interests should unite them. Ethnically based political parties benefit as they engage in extensive patronage and corruption. Beneath the surface, ethnic reconciliation has not taken hold, and resulting tensions can still destabilize the country and even lead to violence. Malign outside forces, particularly Vladimir Putin's Russia but also influences from Turkey and Gulf States, seek to take advantage of the political impasse and malaise, steering the country away from its European and Euro-Atlantic aspirations. As a result of these developments, Bosnia and Herzegovina is not making much progress, even as its neighbors join NATO and join the EU or make progress toward their desired integration. In my view, we should rightly credit the Dayton agreement for restoring peace to Bosnia. That was 25 years ago, but it is regrettable the negotiators did not put an expiration date on ethnic accommodations so Bosnia could become a modern democracy. As one of our interlocutors told us, the international community, which has substantial powers in Bosnia, has steadily withdrawn, turning over decision making to Bosnian officials who were not yet committed to making the country work and naively hoping the promise of future European integration would encourage responsible behavior. That has not happened. Of course, we can't turn back the clock and can't insert that expiration date on the Dayton agreement, but having made a difference in 1995, we can and should help make a difference again today. It is in our national security interest that we do so. I suggest the following. The United States and our European friends should state, unequivocally, that Dayton is an absolute baseline, which means only forward progress should be allowed. Separation or new entities should be declared to be clearly out of the question. Secondly, U.S. policymakers should also remind everyone that the international community, including NATO, did not relinquish its powers to Bosnia but simply has chosen to withdraw and exercise them less robustly. We should seek an agreement to resurrect the will to use these powers and to do so with resolve if growing tensions make renewed violence a credible possibility. Next, the United States and Europe should adopt a policy of imposing sanctions on individual Bosnian officials who are clearly engaged in corruption or who ignore the Dayton parameters, Bosnian law, and court rulings in their work. Washington has already done this regarding Republika Srpska President Milorad Dodik, and just recently, Nikola Spiric, a member of Bosnia's House of Representatives. However, the scope should be expanded, and European capitals need to join us in this regard. Senior U.S. officials, as well as Members of Congress, should make Sarajevo a priority. I hope more of our Members will visit Bosnia and increase our visibility, demonstrate our continued commitment, and enhance our understanding. Bosnia may not be ready to join NATO, but its Membership Action Plan should be activated without further delay. As soon as this year's elections are over in Bosnia, the international community should encourage the quick formation of new parliaments and governments at all levels, followed immediately by vigorous reform efforts that eliminate the discrimination in the criteria for certain offices, ensure that law enforcement more effectively serves and protects all residents, and end the corruption in healthcare and so many other violent areas of daily life. Our policy must shift back to an impetus on universal principles of individual human rights and citizen-based government. Indeed, the privileges Dayton accorded to the three main ethnic groups are not rights but privileges that should not be upheld at the expense of genuine democracy and individual rights. We, in my view, have been far too fatalistic about accepting in Bosnia what we are not willing to accept anywhere else. We also underestimate what Bosnians might find acceptable, and we should be encouraging them to support leaders based on credentials, positions, and personal integrity, not based on ethnicity. There should no longer be a reason why a Bosniak, Serb, or Croat voter should be prohibited by law from considering a candidate of another ethnicity or a multiethnic political party. All candidates and parties would do well to seek votes from those not belonging to a single ethnic group. This may take time and perhaps some effort, but it should happen sooner rather than later. Let me conclude by asserting that greater engagement is in the interest of the United States--the economic interest and the national security interest. Our country is credited with Bosnia's preservation after the country was almost destroyed by aggression, ethnic cleansing, and genocide. Thank God our country was there for Bosnia. Our adversaries--notably, but not exclusively, Russia--would like nothing more than to make an American effort fail in the end, and they would ensure that its repercussions are felt elsewhere around the globe. Current trends in Bosnia make the country an easier entry point for extremism in Europe, including Islamic extremism. If we wait for discrimination and ethnic tensions to explode again, our engagement will then become a moral imperative at significantly greater cost. The people of Bosnia, like their neighbors throughout the Balkans, know they are in Europe but consider the United States their most trusted friend, their most honest friend. They want our presence and engagement, and given the tragedies they have experienced, they have earned our support and friendship

  • Snapshot: Challenges to Press Freedom in the OSCE

    As the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) convenes the annual Human Dimension Implementation Meeting (HDIM) conference in Warsaw, Poland—the largest human rights gathering of any kind in Europe—journalists in several OSCE participating States continue to face intimidation, persecution, violence, and even imprisonment just for doing their jobs. Albania: On August 30 in Albania, the home of the father of News 24 TV crime reporter Klodiana Lala was sprayed with bullets, according to the investigative website BalkanInsight.   Fortunately, nobody was injured.  Lala has been reporting on organized crime in Albania for years. Other investigative journalists have been harassed in the past. Azerbaijan: Azerbaijan’s documented record of continued harassment of both foreign and domestic media, including intimidation through lawsuits and even imprisonment, has continued in 2018. Since early last year, the government has blocked the websites of Meydan TV, the Azadliq newspaper, Turan TV, and the U.S.-sponsored Radio Free Europe/Radio Liberty’s (RFE/RL) Azeri service, among others, effectively stifling the country’s only remaining major sources of independent news. Among those journalists investigating official corruption, Mehman Huseynov is serving a two-year sentence for defamation and Afgan Mukhtarli is serving a six-year sentence for entering the country illegally despite credible reports that he was abducted from Georgia in 2017 and brought into Azerbaijan against his will. According to news reports, Khadija Ismayilova, an investigative journalist formerly with RFE/RL who was imprisoned for 18 months in 2014-15, remains under a travel ban and met with German Chancellor Angela Merkel during her recent visit to Azerbaijan to discuss the continued harassment of the media. Bosnia and Herzegovina: On August 26, Vladimir Kovacevic, a reporter for the independent Bosnian Serb television station BNTV, was attacked and severely beaten outside of his home after reporting on an anti-government protest in Banja Luka, according to Voice of America (VOA). Belarus: On August 7-8 2018, Belarusian authorities raided several independent media outlets, confiscated hard drives and documents from offices and apartments, and detained 18 journalists, including the editor-in-chief of Tut.by, Marina Zolotova. According to press reports, the Belarusian Investigative Committee accused the targeted media outlets of illegally accessing the subscription-only news website BelTA, a crime punishable by fines and up to two years of either house arrest or prison time. While all detained journalists have been released, Belarusian authorities have prohibited them from leaving the country while the charges are being investigated, according to the Belarusian Association of Journalists. These latest actions came on the heels of other recent incidents targeting the country’s independent media. As reported by RFE/RL, Belarusian lawmakers passed controversial amendments to the country's media laws in June 2018 which they claimed were necessary to combat so-called "fake news." In July, a Minsk court sentenced Belarusian journalist Dzmitry Halko to four years in a guarded dormitory and forced labor after convicting him of assaulting two police officers. Natallya Radzina, the Poland-based chief editor of independent news site Charter97, reported she received death threats. In addition, well-known Belarusian blogger Sergey Petrukhin has been harassed and detained in recent months, according to the CPJ. Independent media outlets like Belsat TV has received at least 48 fines since the start of 2018, according to Reporters Without Borders (RSF). Croatia: In late June, the European Federation of Journalists reported that Croatian journalist and owner of Zadar News Hrvoje Bajlo was beaten up in Zadar, resulting in his hospitalization. He was also threatened with death if he continued his writings.   Montenegro: Olivera Lakić, an investigative journalist for the Montenegrin newspaper Vijesti, was wounded outside her home by a gunman on May 8, The Guardian reported.  She had been reporting on official corruption in the country.   A bomb exploded in front of the home of one of her associates earlier in the year. Russia: Russia remains a challenging place for independent media to survive, much less thrive.  Journalists remain the target of harassment, arrest, and intimidation. According to the CPJ, five journalists are currently serving prison sentences related to charges of defamation, ethnic or religious insult, or anti-state rhetoric. One of the most notable cases is that of Ukrainian filmmaker Oleg Sentsov, who was arrested by Russian authorities in Crimea, and is currently serving a 20-year prison sentence on charges of terrorism. He has been on a hunger strike since May14, 2018, calling for “the release of all Ukrainian political prisoners that are currently present on the territory of the Russian Federation.”   Many governments, including the U.S., and non-governmental groups have raised concerns about his case directly with the Russian government and called for his release. Serbia: The Association of Journalists of Serbia (UNS) said it had registered 38 cases in which journalists and media workers had reported attacks and other types of harassment since the year began.  Turkey: Turkey continues to be the world’s leading jailer of journalists, according to CPJ. In 2017, CPJ documented 73 Turkish journalists in prison; Turkish civil society groups, such as the Journalists’ Union of Turkey and P24, estimate that the number is at least twice as high (149 and 183, respectively). Most imprisoned journalists are charged with terrorism, including links to the movement led by Fethullah Gulen, whom the government accuses of masterminding an attempted coup in 2016. Over the past year, dozens have been sentenced to lengthy prison sentences, often on charges related to terrorism.  Fourteen Cumhuriyet journalists were sentenced in April, 2018, and six journalists from Zaman newspaper were sentenced in July. Even Turkish journalists living outside of Turkey are not exempt from persecution. According to the Department of State’s 2017 Human Rights Report, 123 Turkish journalists currently living in other countries are too afraid of reprisal, harassment, or arrest to return. The government has also used emergency powers to shutter nearly 200 media outlets, putting scores of journalists out of work. Meanwhile, a small group of large business conglomerates loyal to the government have consolidated their control over the vast majority of Turkey’s mainstream media. Ukraine: In a recent ruling that threatens the internationally recognized protection of a journalist’s sources, a court in Ukraine approved the prosecutor-general’s request for the cell phone data of an RFE/RL investigative reporter. The journalist is Natalia Sedletska, host of the award-winning anti-corruption TV show “Schemes: Corruption in Details,”  a joint production of RFE/RL and Ukrainian Public Television. The information requested includes phone numbers; the date, time, and location of calls, text messages, and other data, which the prosecutor-general’s office claims is needed as part of a criminal investigation. During the period covered by the request, however, the program Schemes has reported on several investigations of senior Ukrainian officials, including the prosecutor-general.  The brutal murders of Jan Kuciak and his fiancé in Slovakia and Daphne Caruana Galizia in Malta are stark reminders of the tremendous risks investigative journalists take to expose crime and corruption within the government. While public outrage over Kuciak’s killing led to the resignation of multiple cabinet officials in Slovakia, so far there have been no indictments for the crime. In Malta, three people have been indicted in connection with Galizia’s murder, but those who ordered the assassination remain at large. In the United States, five journalists at the Capital Gazette in Annapolis, MD, were brutally murdered in June by a gunman who allegedly was disgruntled by an article the Gazette had written regarding his arrest and subsequent probation for harassing former high school classmates on social media. This is merely a snapshot of the daily challenges and real danger that journalists, editors, and media professionals face in many OSCE participating States. Despite politically charged global rhetoric about the role and purpose of the media, freedom of speech remains a cornerstone of any functioning democracy, and a reliable, trustworthy, and professional media free to do its job without harassment or threat is essential.

  • Condolence Letter from OSCE PA President to Helsinki Commission Leaders Following Death of Sen. John McCain

    This week, OSCE Parliamentary Assembly President George Tsereteli offered his condolences to Helsinki Commission Chairman Sen. Roger Wicker (MS) and Co-Chairman Rep. Chris Smith (NJ-04) following the death of Sen. John McCain. The letter reads in part: “His departure will leave a large void in the hallways of the U.S. Capitol and in many capital cities, where so many of us appreciated his frequent visits and his staunch dedication to transatlantic co-operation … “More than anyone, he believed that a strong relationship between the U.S. and Europe is necessary to promote peace and stability across the OSCE area and throughout the world. This week, the OSCE lost a friend whose unwavering commitment to democratic principles made of him a critical voice in our transatlantic community. "Many of us remember fondly his participation in our 2012 Annual Session in Monaco, where he underlined U.S. efforts to sanction human rights offenders and when his words aligned our Assembly with a universal aspiration ‘for justice, for equal dignity under the law, and for the indominable spirit of human freedom.’” Sen. McCain was a longtime supporter of human rights and active in the OSCE region. In 2011, along with then-Helsinki Commission Co-Chairman Sen. Ben Cardin (MD), Sen. McCain was an original co-sponsor of the Sergei Magnitsky Rule of Law and Accountability Act imposing sanctions on those responsible for the death of Russian lawyer Sergei Magnitsky and individuals who commit gross violations of human rights against rights defenders in Russia. The two also co-authored the Global Magnitsky Human Rights and Accountability Act, which gives the United States the power to deny travel and banking privileges in the United States to those who commit gross violations of human rights or acts of significant corruption. At the 2012 OSCE PA annual session, Sen. McCain spoke passionately in support of a resolution on the rule of law in Russia, which highlighted Magnitsky’s case.   “I believe that supporting the rule of law is pro-Russia. I believe that defending the innocent and punishing the guilty is pro-Russia. And ultimately, I believe the virtues that Sergei Magnitsky embodied—integrity, fair-dealing, fidelity to truth and justice, and the deepest love of country, which does not turn a blind eye to the failings of one's government, but seeks to remedy them by insisting on the highest standards—this too is pro-Russia, and I would submit that it represents the future that most Russians want for themselves and their country,” he said. “The example that Sergei set during his brief life is now inspiring more and more Russian citizens. They are standing up and speaking up in favor of freedom, democracy, and the rule of law. They, like us, do not want Russia to be weak and unstable. They want it to be a successful and just and lawful country, as we do. Most of these Russian human rights and rule of law advocates support our efforts to continue Sergei's struggle for what's right, just as they are now doing … let us align this Assembly with the highest aspirations of the Russian people—Sergei's aspirations—for justice, for equal dignity under the law, and for the indomitable spirit of human freedom.”

  • Transatlantic Relations in Flux

    Following recent changes to the U.S. approach to economic and security policies in Europe, and a series of internal European developments—such as the recent influx of migrants and refugees, challenges to the rule of law, and Brexit—the transatlantic relationship is evolving rapidly. At the briefing, Members of the European Parliament (MEPs) discussed current obstacles in the transatlantic relationship and identified opportunities to strengthen the relationship moving forward.    MEP Claude Moraes of the United Kingdom kicked off the conversation by remarking on the importance of the European Union’s relationship with the United States. Moraes outlined concerns shared by the EU and the United States, ranging from commercial and security data transfers to counterterrorism and cybersecurity. “It’s about ensuring that we protect our democracies, our elections from interference, as we’ve seen from Russia,” Moraes said. Moraes also discussed the importance of security cooperation and BREXIT’s impact on the transatlantic relationship. “The EU is a good thing,” he said, noting that the EU magnifies the U.K.’s global ability to work with other countries on security and counterterrorism issues. For example, following BREXIT the U.K. is likely to lose some of its access to Europol, an EU-wide law enforcement agency that coordinates the sharing of intelligence, data, and other resources between EU Member States. Noting that the original goals of the 1975 Helsinki Final Act were to promote and defend democracy, MEP Michał Boni of Poland highlighted obstacles on both sides of the Atlantic to an ideal transatlantic relationship. On the U.S. side, he cited trade wars, waning diplomacy, and political uncertainty and instability. On the EU side, he lamented the rise of “illiberalism” across the continent, including challenges to democratic principles in Poland, Hungary, Romania, the Czech Republic, and Italy.   If the transatlantic relationship is to advance into the future, “we need now to start and to fight for the democracy, freedoms, and rule of law on both sides of Atlantic,” Boni said. French MEP Nathalie Griesbeck observed that the United States is the EU’s most important partner in the fight against terrorism and praised the skills of the U.S. intelligence community, noting that transatlantic intelligence-sharing efforts had prevented terror attacks across Europe.  “The European Union and the United States should use all available channels of communication in order to strengthen the transatlantic relationship [and] use the full potential of that cooperation to preserve the democratic, liberal, and multilateral order to promote stability and continuity on the continents […] even if the winds are sometimes bad,” she said. Panelists also addressed the question of whether migration to Europe could be capitalized upon to address the EU’s shrinking workforce and the need to preserve Europe’s economic future. They agreed that with efforts to attract highly skilled workers falling short, Europe must juggle political pushback against increased migration with the reality of an aging population. The MEPs also discussed the recent EU-Japan trade agreement, the EU’s Eastern Partnership, Turkey, the Western Balkans, and EU enlargement.

  • Wicker Chairs Hearing on Russian Occupation of the Republic of Georgia

    WASHINGTON—Helsinki Commission Chairman Sen. Roger Wicker (MS) today hosted a hearing on Russia’s decade-long occupation of the Republic of Georgia. In 2008, Russia invaded Georgia and seized the territories of South Ossetia and Abkhazia. The war in Georgia set the stage for Vladimir Putin’s subsequent war in Ukraine, including the illegal occupation of Crimea and the Donbas. “The invasion of Georgia demonstrated that Vladimir Putin is ready and willing to use his military and intelligence services to redraw international borders and meddle in the internal affairs of a neighboring state,” Chairman Wicker said during his opening statement. “The Helsinki Commission is holding this hearing to make sure the American people and the international community do not lose sight of the continued illegal occupation of Georgia — as well as its costs and implications.” Senator Wicker’s full opening statement is below. Good morning and welcome to this hearing on “Russia’s Occupation of Georgia and the Erosion of the International Order.” As you know, the Helsinki Commission monitors the compliance of OSCE participating states to the 1975 Helsinki Final Act.  In recent years, we have been compelled to pay particular attention to Russia’s clear, gross, and uncorrected violations of all ten principles of the OSCE’s founding document. In August 2008, Russian armed forces invaded Georgia in direct violation of the territorial integrity and political independence of states.  This initial invasion has sadly led to ten years of occupation, affecting a fifth of Georgia’s sovereign territory and causing incalculable political, economic, and humanitarian costs. The invasion of Georgia demonstrated that Vladimir Putin is ready and willing to use his military and intelligence services to redraw international borders and meddle in the internal affairs of a neighboring state.  Moreover, Mr. Putin clearly sought to sabotage Georgia’s progress toward membership in NATO, contravening the principle that sovereign states have the right to freely join security alliances of their choosing. The response to the Kremlin’s aggression against Georgia was not enough to deter Mr. Putin from trying his hand again in Ukraine in 2014.  In fact, Georgia and Ukraine are only the two most egregious examples of Russian challenges to the integrity of our borders, our alliances, and our institutions over the past decade. The Helsinki Commission is holding this hearing to make sure the American people and the international community do not lose sight of the continued illegal occupation of Georgia — as well as its costs and implications.  The experts before us will help assess if the United States is doing everything possible to restore Georgia’s territorial integrity and reverse Mr. Putin’s assault on the borders of a neighboring state and on the international order.   We also intend to ensure Georgia’s contributions to our common security are recognized and that we continue to help it advance along its path to Euro-Atlantic integration and full NATO membership. Under my chairmanship, Ranking Member Cardin and I have worked across the aisle to demonstrate the firm, bipartisan resolve of the United States Congress to restore Georgia’s territorial integrity and see the alliance make good on its promise of membership. To that end, in March of last year, we introduced Senate Resolution 106 condemning Russia’s continuing occupation and urging increased bilateral cooperation between the U.S. and Georgia. More recently, ahead of last week’s NATO summit, Senator Cardin and I — along with Commissioners Tillis and Shaheen — introduced Senate Resolution 557, underscoring the strategic importance of NATO to the collective security of the United States and the entire transatlantic region. This resolution explicitly “encourages all NATO member states to clearly commit to further enlargement of the alliance, including extending invitations to any aspirant country which has met the conditions required to join NATO.”  I am especially looking forward to hearing how our panelists assess the outcomes of the NATO Summit. Ladies and gentlemen, we will hear testimony this morning from a distinguished panel who will provide valuable perspectives on the current state of the conflict in Georgia, prospects for its resolution, and recommendations for U.S. policy. I am particularly pleased to welcome Georgia’s Ambassador David Bakradze to testify before us this morning. In addition to his firsthand experience managing Georgia’s strategic bilateral relationship with the United States, Ambassador Bakradze has worked at senior levels of Georgia’s government to deepen Tbilisi’s Euro-Atlantic partnerships. Prior to his appointment to Washington in 2016, the Ambassador served as the State Minister of Georgia for European and Euro-Atlantic Integration. Next, we will hear from Damon Wilson, Executive Vice President of the Atlantic Council. Mr. Wilson’s areas of expertise include NATO, transatlantic relations, Central and Eastern Europe, and national security issues. At the time of Russia’s invasion of Georgia, Mr. Wilson was serving as special assistant to President George W. Bush and senior director for European Affairs at the National Security Council. In that capacity, he played a leading role at a critical time in managing interagency policy on NATO, the European Union, Georgia, Ukraine, the Balkans, Eurasian energy security, and Turkey. Finally, we will hear from Luke Coffey, Director of the Allison Center for Foreign Policy Studies at the Heritage Foundation. Mr. Coffey was named to his post in December 2015 and is responsible for directing policy research for the Middle East, Africa, Russia and the former Soviet Union, the Western Hemisphere, and the Arctic region. Before joining Heritage in 2012, he served at the UK Ministry of Defence as senior special adviser to the British Defence Secretary, helping shape British defense policy regarding transatlantic security, NATO, the European Union, and Afghanistan. 

  • Russia's Occupation of Georgia and the Erosion of the International Order

    August 2018 marks the ten-year anniversary of Russia’s invasion of the territories of South Ossetia and Abkhazia in Georgia. A decade on, one-fifth of Georgian territory remains under Russian occupation. During this hearing, expert witnesses explained what is occurring behind the Russian-imposed internal administrative boundary lines in occupied Georgia, as well as the implications of the continued occupation for U.S. interests and international security. The witnesses discussed potential actions and strategies that the United States and its allies can take to restore the territorial integrity of Georgia and respect for its sovereignty. Russia enforces its occupation through a large military deployment and, in concert, with de facto Ossetian and Abkhaz authorities, prevents NGOs and monitoring missions from entering the occupied regions. Despite the displacement of tens of thousands of ethnic Georgians as a result of the 2008 war, many thousands continue to reside in the territories where they face discriminatory policies aimed at marginalizing Georgian culture, including strict restrictions on Georgian language instruction in schools. Russian authorities continue to engage in what has been termed “creeping annexation” through the incremental advancement of the razor wire administrative line deeper into Georgian territory. Border crossings remain incredibly perilous for Georgians wishing to reach family, property, and communities on the other side of the occupation line. These travelers regularly face arbitrary detention, kidnapping, and sometimes death. De facto authorities do not launch credible investigations into the suspicious death of Georgians in their custody, contributing to an overwhelming climate of impunity. In their opening statements, U.S. Helsinki Commissioners affirmed the bipartisan, bicameral commitment in the U.S. Congress to Georgia’s territorial integrity and NATO. Commission Chairman Roger Wicker and Ranking Member Ben Cardin noted their joint introduction of Senate Resolution 106 that affirms the territorial integrity of Georgia and Senate Resolution 557, which expresses the strategic importance of NATO to U.S. security. All witnesses agreed that Georgia should be admitted to NATO as it has met or exceeded the benchmarks of a prospective member state. They recalled the alliance’s failure at its 2008 Bucharest Summit to extend membership invitations to Georgia and Ukraine that effectively signaled to Moscow NATO’s wavering commitment to the defense of these countries. Georgian Ambassador to the United States, David Bakradze, described his country’s readiness to join the alliance. In addition to its concrete commitment of troops to NATO missions, Georgia already spends more than 2% of its GDP on defense, he said. He further cited positive Georgian public opinion towards NATO as well as his government’s strategic orientation toward the West. Damon Wilson of the Atlantic Council and Luke Coffey of the Heritage Foundation agreed in their assessment that Russia’s occupation of Georgia should not give the Kremlin a veto over Tbilisi’s accession to the alliance. They both recommended a change to NATO’s practice of not inviting states with ongoing territorial disputes.

  • The Russian Occupation of South Ossetia and Abkhazia

    August 2018 marks 10 years of Russian occupation of approximately 20 percent of Georgia’s internationally recognized sovereign territory. The Russian occupation, and the ensuing recognition by Moscow of the “independence” of South Ossetia (referred to in Georgia as the Tskhinvali region) and Abkhazia, represent material breaches of international law and an active disregard for the Charter of the United Nations, and the founding principles of the Organization for Security and Cooperation in Europe (OSCE) embodied in the Helsinki Final Act and subsequent OSCE commitments. This report offers a brief overview of the history of the outbreak of war in August 2008; the evolution of the unresolved conflict since that time; and an overview of the U.S. Helsinki Commission’s efforts to advance a resolution and restore Georgia’s territorial integrity. Download the full report to learn more. Contributors: Everett Price, Senior Policy Advisor and Alex Tiersky, Senior Policy Advisor

  • Members of European Parliament to Assess Transatlantic Relations at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: TRANSATLANTIC RELATIONS IN FLUX Wednesday, July 18, 2018 10:00 a.m. Hart Senate Office Building Room 216 Live Webcast: www.facebook.com/HelsinkiCommission Following President Trump’s recent trip to Europe, leading European policymakers will address the state of transatlantic relations. Members of the European Parliament will discuss the potential impact of changing U.S. economic and security policies in the region, the future of the EU following Brexit, and the toll that increased migration has taken on European political cohesion. Opening remarks will be provided by Helsinki Commission Chairman Sen. Roger Wicker (MS). The following Members of the European Parliament are scheduled to participate: MEP Nathalie Griesbeck (France), Chair, European Parliament Special Committee on Terrorism; Alliance of Liberals and Democrats MEP Claude Moraes (UK), Chair, European Parliament Committee on Civil Liberties, Justice, and Home Affairs; Progressive Alliance of Socialists and Democrats MEP Michal Boni (Poland), European People's Party Additional speakers may be added.  

  • The OSCE and Roma

    Roma are the largest ethnic minority in Europe and are present in most of the participating States of the Organization for Security and Cooperation in Europe.  Concentrated in post-communist Central and Southern Europe, the Romani population is estimated at over 12 million in EU countries, with significant numbers in former Soviet republics, the Balkans, and Turkey. Roma have been part of every wave of European immigration to North American since the colonial period.  There may be as many as one million Americans with Romani ancestry. Roma have historically faced persecution in Europe and were the victims of genocide during World War II.  In post-communist countries, Roma suffered disproportionately in the transition from command- to market-economies, in part due to endemic racism and discrimination. Over the past three decades, Helsinki Commissioners have led the effort in Washington to condemn racially motivated violence against Roma, including pogroms, murders, other violent attacks, and police abuse. The Helsinki Commission has also advocated for recognition of the enslavement and genocide of Roma and redress for sterilization without informed consent.  The Commission has addressed race-based expulsion of Roma, the denial of citizenship to Roma after the break-up of federative states, and the consequences of ethnic conflict and war in the Balkans. The Helsinki Commission strongly supported the first international agreement to specially recognize the human rights problems faced by Roma, adopted by OSCE participating States in 1990. Download the full report to learn more. Contributor: Erika Schlager, Counsel for International Law

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