Title

Bosnia

Thursday, February 05, 1998
2200 Rayburn House Office Building
Washington, DC 20515
United States
Official Transcript: 

During this briefing, Robert Hand, policy advisor at the Commission, led a discussion regarding Bosnia and its different regions. He spoke of the situation in Bosnia in 1998 and the power of ethnically-based political parties, retained through nationalism, corruption, and control of the media. Reconstruction in Bosnia has slow and challenging due to poor economic conditions and the continued displacement of certain populations.

The witnesses - Luke Zahner, Candace Lekic, Jessica White, Roland de Rosier, Kathryn Bomberger, Brian Marshall - have served in regions all over Bosnia and gave valuable input on the differences between regions and their rehabilitations processes after the Dayton Accords. They also spoke of the influence of Republica Srpska and the Bosnian Federation on said regions.  Paying attention to these differences, they state, is important in that the United States wants to support only those that successfully implement the Dayton Accords.

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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

  • Free-Trade Zones

    Free-trade zones (FTZs) are duty-free areas within a country’s borders designed to encourage economic development by allowing goods to be imported and exported under less restrictive conditions than are present elsewhere in that country. In many places, these zones generate jobs and revenue; however, they also are hospitable to illicit trade and money laundering. In the worst cases, law enforcement fails and FTZs become global hubs of criminal activity. According to Dr. Clay Fuller of the American Enterprise Institute, attempts to study FTZs are often thwarted by discrepancies in the definition and measurement of FTZs, a lack of coordination between the private and public sectors to collect data, and a dearth of globally aggregated data. Dr. Fuller agreed that FTZs have played a role in fostering corruption and suggested that better aggregate data is needed to reach further conclusions.  Essential to overcoming their challenges, FTZs must first be identified in a standardized format before the data can be accurately amalgamated. The Organization for Economic Cooperation and Development (OECD) has begun to study these problems from a global perspective through its Task Force on Countering Illicit Trade. Jack Radisch, Senior Project Manager at the OECD, reported that the trade in fakes is a $461 billion industry. This problem is exacerbated by FTZs, which can enable the movement of illegal goods. Stephane Jacobzone, Deputy Head of OECD’s Public Governance Division, expressed concerns about global “governance gaps,” such as those created by FTZs with poor oversight, which allow criminal activity to thrive. Pedro Assares Rodrigues, a EUROPOL Representative with the Europol Liaison Bureau, underscored the significance of global coordination by discussing the risk of FTZs to harbor terrorist activity. The United States and EUROPOL have united to combat global security threats through projects such as the Secure Information Exchange Network Application, allowing the US and EU to work efficiently and securely. Alongside Mr. Assares Rodrigues’ call for greater international coordination, panelists offered potential policy responses to criminal activities within the FTZs from both the private and public sectors.  For example, Dr. Fuller proposed that private companies should be enlisted to report data on FTZs, though he stipulated that government must protect the privacy of companies throughout the process. Dr. Fuller also added that countries that already participate in international data sharing agreements or multilateral conversations about FTZs should beseech their trading partners to join these same data-sharing partnerships.  Mr. Radisch and Mr. Jacobzone added that the OECD is working toward a comprehensive FTZ “code of conduct” that could eventually be adopted by member states.

  • Race, Rights, and Politics

    Today, Europe is grappling with the complex intersection of national identity, immigration, and security concerns, as well as a rise in xenophobic violence. As a result, European states are facing increased scrutiny of their efforts to integrate minorities and migrants, with some questioning the commitment of European governments to democratic principles and human rights.   The briefing featured European political leaders and civil society representatives of African descent, or black Europeans, who discussed the state of their democracies and recent efforts to address inclusion of Europe’s diverse populations, including parallel issues faced by black and minority populations on both sides of the Atlantic.  Helsinki Commissioner Representative Gwen Moore opened the event, stressing the importance of transatlantic cooperation to address increasing challenges to democracy and rising prejudice and discrimination in Europe and the United States. The speakers emphasized the need for greater protection of human rights of minorities of all backgrounds—racial and otherwise—including Polish, Romanian, Jewish, and Muslim populations, particularly in a modern Europe of sharp demographic change, BREXIT, and stagnating birth rates. They also discussed the need for migrant labor to revitalize and sustain European economies and social welfare systems.  Hungarian Parliamentarian Olivio Kocsis-Cake called for European policymakers to do more to address the situation of Roma. In response to a question on the European Parliament invoking Article 7 sanction procedures against Hungary—censuring it for violating “fundamental values” of the EU—he expressed hope that the EU’s rebuke would lead Hungarian PM Viktor Orbán to reconsider the “nationalist” and xenophobic policies he was advancing.   MP Killion Munyama of Poland spoke of his work on the Council of Europe Resolution 2222, which promotes minority political participation.  Parliamentarian Clive Lewis of the United Kingdom argued that BREXIT would negatively impact black populations—exacerbating existing housing, job, and education disparities—and that xenophobic rhetoric associated with the BREXIT campaign had led to a 20-30 percent spike in “race-hate” attacks. Against the backdrop of the Alternative für Deutschland (AfD) party and the recent neo-Nazi protests in Chemnitz, Germany, Parliamentarian Aminata Toure of Schleswig-Holstein, Germany, reflected on her experience as the first black woman elected to her region’s parliament and one of only six black MPs in all of Germany. She called for more be done to empower the 23 percent of Germans with migrant backgrounds who find themselves massively underrepresented in governing structures, and are increasingly becoming targets of violence. Panelists Nero Ughwujabo and Simon Woolley discussed their separate efforts on implementing the United Kingdom’s March 2018 Race Disparity Audit Report to eradicate disparities across all sectors. The effort was heralded as a potential model for by which governments could address systemic inequalities amongs their own populations.  Ministers must “explain or change” disparities, with 90 million pounds dedicated towards the effort. Citing the UK effort as a model that could be emulated, Mr. Woolley contended that it is in every government’s self-interest to “unlock the potential on their doorstep” in minority populations. Civil society representatives Ali Khan and Jeffrey Klein argued that empowering black and minority populations was key, including by directing funding towards minority-led, grassroots organizations.  Groups do not need to be saved from without, but empowered from within. The panel concluded with speakers calling for solidarity and lasting cooperation in implementing democratic principles, and seeking recognition, representation, and access to equal opportunities for diverse communities.

  • 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.

  • Ongoing Election Challenges in Bosnia and Herzegovina

    On October 7, 2018, Bosnia and Herzegovina will hold general elections for government offices at the state level, as well as for offices in each of the “entities” into which the country is politically divided (Bosnian Federation and Republika Srpska), and finally within each of the 10 cantons that make up the Federation.  These elections mark a continuing transition to democratic norms, including respect for human rights and fundamental freedoms as well as adherence to the rule of law, detailed in OSCE commitments. Unfortunately, the challenges faced by a country in its transition have been complicated in Bosnia by the lingering effects of the 1992-1995 conflict, where all sides—primarily but not exclusively Serb nationalist forces—targeted civilians in ethnic cleansing campaigns. These atrocities, which included the genocide at Srebrenica in July 1995, resulted in the displacement of about half the country’s population, the deaths of approximately 100,000 individuals, and the torture or mass rape of thousands more. More than 20 years later, it would be a mistake to underestimate the social scars associated with such a traumatic experience in a country of 3 to 4 million people.    The most visible artifact of the conflict, however, is not those scars but the political system in which the upcoming elections will be held. Peace was restored by a combination of outside intervention and concessions at the negotiating table; the resulting constitutional arrangement contained in Annex IV of the Dayton Peace Agreement remains in place today. This arrangement includes allowing only those declaring their affiliation with one of the three main ethnic groups or constituent peoples—Bosniaks, Serbs, and Croats—to stand for election to a seat on the state-level presidency or in the House of Peoples of the country’s parliament. Even then, citizens are only eligible if they also live in the right place; Bosniaks and Croats must also reside in the Bosnian Federation and Serbs must reside in Republika Srpska. In 2009, the European Court of Human Rights ruled in favor of two Bosnian citizens, Dervo Sejdic and Jacob Finci, who were ineligible to run as presidential candidates because they do not affiliate with one of the three recognized groups; they are Romani and Jewish respectively. In 2016, Ilijaz Pilav won a similar case at the court when he was denied the chance to run because he is a Bosniak who lives in Republika Srpska. Two years earlier, Azra Zornic also won her ECHR case against Bosnia after she was declared ineligible for not declaring her ethnic affiliation.  Despite these court victories in Strasbourg, discrimination in Bosnia and Herzegovina continues. Between Bosnian citizens who do not belong to any of the three constituent peoples, Bosniaks and Croats residing in in Republika Srpska, Serbs residing in the Bosnian Federation, and an unknown number of those like Zornic who do not wish to identify on the basis of ethnicity, more than 300,000 Bosnian citizens are denied the right to stand for election to the Bosnian Presidency or seek a seat in the state-level House of Peoples. The October 2018 elections are further complicated by the 2017 decision of Bosnia’s constitutional court that the mechanism for establishing the Bosnian Federation’s own House of Peoples was unconstitutional and by the annulment of relevant portions of the electoral code. In this case, the claim was made that existing practices had disadvantaged ethnic Croat voters. In early 2018, political talks under international auspices failed to produce a solution, largely due to a desire by those seeking to maintain political power to further entrench ethnicity as a defining factor into the system. The result could be a political crisis after the elections if the Bosnian Federation parliament cannot convene, leading to a similar situation at the state level. In July 2018, a congressional delegation organized by the U.S. Helsinki Commission visited Bosnia and Herzegovina. Nine Members of Congress met with Sejdic, Finci, and Pilav, as well as civil society representatives and others, to learn more about the ethnic barriers to effective exercise by citizens of their human rights and fundamental freedoms. The nine-member congressional delegation and U.S. Ambassador Maureen Cormack with Dr. Ilijaz Pilav, Ambassador Jacob Finci, and Mr. Dervo Sejdic in Sarajevo.  At the end of the visit, the head of the delegation and Helsinki Commission Chairman Sen. Roger Wicker (MS) concluded, “The discriminatory ethnic criteria that prevent some Roma, Jewish, Serbs in the Federation, Croats and Bosniaks in the Republika Srpska, and other citizens who do not self-identify with a group from seeking certain public offices is unacceptable and can easily be addressed… We hope for progress on electoral reform, in line with accepted norms for free and fair elections, so that election results can be implemented and a government formed. We are dismayed at the lack of political diversity within some of the main ethnic groups in this country, and take issue with those who argue they are entitled to a monopoly in representing those groups.”  The congressional delegation expressed frustration over the lack of progress with the current state presidency. It also asked the OSCE Parliamentary Assembly, meeting in Berlin later that month, to maintain a strong focus on Bosnia and Herzegovina and to send a robust election observation mission to the country in October. Of course, Bosnia’s woes go beyond this issue. Republika Srpska officials continue to undermine the country’s state-level institutions to justify an agenda that is not only openly separatist but, as evidenced by the recent revocation of a 2004 report acknowledging he massacre at Srebrenica, also highly nationalistic. One political party seeks define ethnic privileges that would essentially allow it alone to represent Bosnia’s Croat population. Bosniak political leaders, while perhaps more flexible regarding non-ethnic political options, nevertheless seem content representing the country’s primary victims from the conflict period as they remain in power and engage, as do the others, in widespread corruption. Malign outside influences, including Russia, thrive on the Bosnia’s political impasse.  Getting elections right—at this most fundamental level in addition to their overall conduct—is critical and perhaps the best place to start the larger reform effort Bosnia needs. Unless this happens, the country, which is estimated to have the world’s highest youth unemployment rate at well over 50 percent, will see its most talented citizens future vote with their feet, and exercise the right they retain as individuals, regardless of ethnicity, to leave the country behind for a future elsewhere.

  • Helsinki Commission to Hold Briefing on Race, Rights, and Politics in Europe

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: RACE, RIGHTS, AND POLITICS: BLACK AND MINORITY POPULATIONS IN EUROPE Wednesday, September 12, 2018 10:00 a.m. to 11:30 a.m. Rayburn House Office Building Room 2220 Live Webcast: www.facebook.com/HelsinkiCommission Today, Europe is grappling with the complex intersection of national identity, immigration, and security concerns, as well as a rise in xenophobic violence. As a result, European states are facing increased scrutiny of their efforts to integrate minorities and migrants, with some questioning the commitment of European governments to democratic principles and human rights.   At the briefing, European political leaders will discuss the state of their democracies and recent efforts to address inclusion of Europe’s diverse populations, including findings from the European Parliament’s May 2018 People of African Descent Week and United Kingdom’s March 2018 Race Disparity Audit Report. The following speakers are scheduled to participate: MP Olivio Kocsis-Cake (Hungary)  MP Clive Lewis (United Kingdom)  MP Killion Munyama (Poland)  MP Aminata Toure (Schleswig-Holstein, Germany)  Nero Ughwujabo, Special Adviser to Prime Minister Theresa May, Social Justice, Young People & Opportunities (United Kingdom)  Alfiaz Vaiya, Coordinator, European Parliament Anti-Racism and Diversity Intergroup (ARDI)  Simon Woolley, Director, Operation Black Vote; Chair, Prime Minister’s Race Disparity Advisory Group (United Kingdom)

  • Helsinki Commission Briefing to Examine Value and Hazards of Free-Trade Zones

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: FREE-TRADE ZONES: PRODUCTIVE OR DESTRUCTIVE? Wednesday, September 12, 2018 3:00 p.m. Russell Senate Office Building Room 385 Live Webcast: www.facebook.com/HelsinkiCommission Free-trade zones (FTZs) are duty-free areas within a country’s borders designed to encourage economic development by allowing goods to be imported and exported under less restrictive conditions than are present elsewhere in that country. In many places, these zones generate jobs and revenue; however, they also are hospitable to illicit trade and money laundering. In the worst cases, law enforcement fails and FTZs become global hubs of criminal activity. This briefing will explore the value of FTZs across the world and the potential for reform, especially in areas where laws are poorly enforced. Participants will discuss the interplay of globalized corruption, transnational criminal organizations, and authoritarianism in and around FTZs; provide data on how these factors lubricate the movement of illicit goods; and recommend policy responses. The following panelists are scheduled to participate: Dr. Clay Fuller, Jeane Kirkpatrick Fellow, American Enterprise Institute Jack Radisch, Senior Project Manager, OECD High Level Risk Forum Pedro Assares Rodrigues, Europol Representative, Europol Liaison Bureau  

  • Remember Their Names: Eight Journalists Killed in the OSCE Region in 2018

    By Teresa Cardenas, Max Kampelman Communications Fellow Jan. Maksim. Zack. Gerald. John. Rob. Wendi. Rebecca. These are the names of journalists who have been killed in the OSCE region so far this year, according to reports from the Committee on Protecting Journalists (CPJ). This list includes journalists from Slovakia, Russia, and the United States, the latter reaching its record-high since CPJ began tracking journalist deaths in 1992. Beyond these eight, 49 individuals around the world—journalists, photographers, cameramen, editors, and other workers in media organizations—were killed in 2018. Ten were killed during a dangerous assignment or got caught in crossfire. Twenty-five people were murdered. In 14 cases, the motives behind the killings are still unknown. These numbers will likely grow between now and the end of 2018. CPJ’s report has yet to include the recent execution of three investigative reporters from Russia in the Central African Republic, or the brutal murder of Moscow reporter Denis Suvorov earlier in July. The Helsinki Final Act recognizes the freedom of the media—including the protection of journalists—as a fundamental human right. Media freedom is a primary focus of the September 2018 Human Dimension Implementation Meeting of OSCE participating States. Jan Kuciak (Slovakia) Kuciak was an investigative journalist for Aktuality.sk, a Slovakian news website reporting on government tax fraud, until he and his fiancée were killed, execution-style, on February 21, 2018. He covered tax evasion at the highest levels of government and reported on the Italian mafia’s dominating influence in Slovakia. His final report—completed by colleagues—revealed a complex web of connections between government officials and a syndicate of the Italian mafia and accused the network of conspiring to steal funds from the European Union. This report is seen by many as the cause of his and his fiancée’s brutal murders. Kuciak was the first Slovak journalist to be killed because of his profession since the country’s independence in 1993. His murder led to widespread protests in Slovakia and the Czech Republic, followed by the resignations of the Slovak prime minister and other government officials. As of August 8, 2018, no one has been charged in connection to his murder. Kuciak’s death was one of the two journalists at the center of Helsinki Commission briefing, A Deadly Calling. Maksim Borodin (Russia) A 32-year-old Russian journalist based in Yekaterinburg, Borodin wrote about corruption before falling from a fifth-floor balcony on April 12, 2018. Shortly before his death, Borodin had reported on the Wagner Group, a Russian paramilitary group that has reportedly been active in Syria and Ukraine. Four months later, three Russian journalists were killed while investigating the alleged presence of the Wagner Group in the Central African Republic. Though the circumstances of his death remain murky, Borodin reported on clandestine and secretive military issues, thus leaving the circumstances around his death suspicious. CPJ reports his death fits a pattern similar to the deaths of other Russia journalists who covered particularly sensitive issues that had a potential of repercussions from authorities. No one has been charged in connection with his murder. Zachary “ZackTV” Stoner (United States) Zack Stoner, appearing on social media as “ZackTV,” was a Chicago-based YouTube persona who interviewed local up-and-coming rappers and hip-hop artists. He was well-recognized within his community, and his death shocked his audience and the subjects of his interviews. Assailants shot and killed Stoner as he was driving away from a concert on May 30, 2018. Stoner was known for investigating news ignored by more traditional media and covering issues that lacked visibility in Chicago. One of his most notable stories was the mysterious death of Kenneka Jenkins, a 19-year-old from Chicago whose body was found in a hotel freezer. Stoner was the first slain American journalist of 2018. No motive has emerged for his murder and no arrests have been made in the case. Gerald Fischman (United States) Fischman was one of five employees of the local Annapolis, Maryland newspaper, The Capital Gazette, who were murdered after a gunman opened fire in their newsroom on June 28, 2018. A columnist and editorial page editor with a shy demeanor and quick wit, Fischman worked for The Capital Gazette for more than 25 years and received numerous awards for his reporting. Prior to joining the paper, he studied journalism at the University of Maryland and worked at The Carroll County Times and The Montgomery Journal. Gunman Jarrod Ramos, targeted the Capital Gazette newsroom following a dispute over a 2011 article detailing his arrest and subsequent probation for harassing former high school classmates on social media. He has pleaded not guilty to charges of murder and attempted murder. John McNamara (United States) Another of the five victims of The Capital Gazette shooting in Maryland, McNamara covered local sports for nearly 24 years, and was an editor and reporter for The Capital’s regional publication, The Bowie Blade-News. An avid sports fan, he wrote two books about the history of football and men’s basketball at his alma mater, the University of Maryland. According to the Baltimore Sun, was in the process of writing a book about professional basketball players who were raised in the DC metro area when he died. Rob Hiaasen (United States) Hiaasen, a journalist and editor for The Capital Gazette, had a long and illustrious career in North Carolina, Florida, and Maryland. Primarily a feature writer, he became a local columnist when he joined The Capital Gazette in 2010. He also taught at the University of Maryland’s Philip Merrill School of Journalism, where he mentored young and aspiring journalists. He wrote stories about anything and everything local: a homeless man who passed away, and how the community planned a proper burial; an inmate on death row who was the first person to be released from prison due to DNA evidence; a Florida dentist who passed HIV onto his patients, one of the first signs of clinical transmission of the disease; and more. Wendi Winters (United States) Winters, a fashion-professional-turned-journalist, worked in the Annapolis area for 20 years until her murder in 2018. Starting out as a freelancer journalist for The Capital Gazette, she immersed herself into her community and became locally known for being the go-to contact on covering stories on a short notice. According to the Baltimore Sun, she wrote more than 250 articles each year. One of her most notable stories was one she did not write, but lived. According to fellow reporters and sales assistants at The Capital Gazette, Winters charged the gunman in the middle of his rampage. Her actions might have saved the lives of the six survivors. Rebecca Smith (United States) Smith, a recently hired sales associate at The Capital Gazette, was the only non-journalist employee of a media organization killed in the OSCE region in 2018 to date. Her colleagues considered her an asset to their team after only working for the publication for seven months. She is remembered as being a kind, thoughtful, and generous friend, and fiercely dedicated to her family.

  • Hearing points to Putin’s role in Russian doping scandal

    WASHINGTON (AP) — Supporters of a bill that would make international sports doping a crime argued Wednesday that the legislation would deter scandals like Russian state-sponsored drug use at the 2014 Sochi Olympics. Yulia Stepanova, a Russian former track athlete who became a whistleblower about the drug program, said at a congressional hearing that ending doping in her country would have to “start from the top” — with Russian President Vladimir Putin himself. The bill was named for Dr. Grigory Rodchenkov, the Russian lab director who exposed the cheating in Sochi. Rodchenkov has said the doping stemmed from Putin’s command to his sports ministry to “win at any cost.” Several European countries have passed similar legislation. The bill being considered in the House is stronger because it would allow the United States to police doping that occurs outside its borders. U.S. and foreign athletes would be subject to the law if competing in an event that includes four or more U.S. athletes and athletes from three or more countries. The bill has bipartisan support but has yet to be introduced in the Senate, and its prospects for approval are unclear. The hearing occurred while, in the same Senate office building, Secretary of State Mike Pompeo was questioned by lawmakers who accused President Donald Trump of being too soft on Putin. While the president has made conflicting claims about the extent of Russian interference in the 2016 election, the hearing on doping turned attention back to other ways in which Putin’s actions have brought scorn from the international community. In written testimony, Rodchenkov and Stepanova said that those who participated in the doping program were essentially following orders, fearing that to refuse or speak out would mean the end of their careers, or possibly even lead to their deaths. “You will lose your job, your career and even fear for the safety of you and your family,” Stepanova said. “You will be called a liar and a traitor if you stand up against the system that unfortunately still exists in Russia today.” Asked by Democratic Rep. Sheila Jackson Lee of Texas how to end Russian doping, Stepanova said, “It should start from the top because if it started from the top, they ... would stop doping.” “If Mr. Putin had a different attitude and expressed that, it would stop?” Jackson Lee asked. “Yes, I think so,” Stepanova said. Rodchenkov did not attend the hearing, but his attorney, Jim Walden, said he and his client believe Putin needs to be held accountable. “There are some in our government who refuse to confront Russia for its abject criminality,” Walden said. “Doping fraud is one more example of the gangster state that Vladimir Putin has created in Russia.” The hearing also featured emotional testimony from Katie Uhlaender, who finished fourth in skeleton — by four hundredths of a second — in Sochi to Elena Nikitina of Russia. Nikitina’s bronze medal was later stripped for suspected doping before the Court of Arbitration for Sport restored it on the eve of the Pyeongchang Olympics. Uhlaender feels that she was unfairly denied a medal twice, although it’s still possible she could prevail on appeal. “My moment was stolen,” Uhlaender said through tears. “A line was crossed. It erased the meaning of sport and the Olympics as I knew it.” Travis Tygart, CEO of the U.S. Anti-Doping Agency, said he would continue trying to persuade Congress to address international doping and called on the corporations that sponsor the Olympics to join the effort. “If the governments of the world aren’t going to step up and do something about it, where are the corporations? They’re profiting off the backs of these athletes,” Tygart said. “I think it all it would take would be a couple phone calls from them to get this situation fixed and cleaned up. But where are they? They’re sitting there counting the money.”

  • What’s really behind Putin’s obsession with the Magnitsky Act

    Standing by President Trump’s side in Helsinki for their first bilateral summit, Russian President Vladimir Putin made what Trump described as an “incredible” offer: He would help U.S. investigators gain access to Russian intelligence officers indicted for the 2016 election hacking, on one small condition. “We would expect that the Americans would reciprocate and they would question [U.S.] officials … who have something to do with illegal actions on the territory of Russia,” Putin said, producing the name to indicate what actions he had in mind: “Mr. Browder.” Bill Browder, an American-born financier, came to Russia in the 1990s. The grandson of a former general secretary of the Communist Party USA, Browder by his own admission wanted to become “the biggest capitalist in Russia.” He succeeded and was for a decade the country’s largest portfolio foreign investor. Whatever the sins of Russia’s freewheeling capitalism, Browder’s real crime in the eyes of the Kremlin came later, after he had been expelled from Russia in 2005. In 2008, his Moscow lawyer, Sergei Magnitsky, uncovered a tax scam involving government officials that defrauded Russian taxpayers of $230 million. He did what any law-abiding citizen would, reporting the crime to the relevant authorities. In return, he was arrested and held in detention without trial for almost a year. He was beaten and died on Nov. 16, 2009, at Moscow’s Matrosskaya Tishina prison under mysterious circumstances. Officials involved in his case received awards and promotions. In a chilling act worthy of Kafka, the only trial held in the Magnitsky case was a posthumous sentencing of himself — the only trial against a dead man in the history of Russia. It was then that Browder turned from investment to full-time advocacy, traveling the world to persuade one Western parliament after another to pass a measure that was as groundbreaking as it would appear obvious: a law, commemoratively named the Magnitsky Act, that bars individuals (from Russia and elsewhere) who are complicit in human rights abuses and corruption from traveling to the West, owning assets in the West and using the financial system of the West. Boris Nemtsov, then Russia’s opposition leader (who played a key role in convincing Congress to pass the law in 2012), called the Magnitsky Act “the most pro-Russian law in the history of any foreign Parliament.” It was the smartest approach to sanctions. It avoided the mistake of targeting Russian citizens at large for the actions of a small corrupt clique in the Kremlin and placed responsibility directly where it is due. It was also the most effective approach. The people who are in charge of Russia today like to pose as patriots, but in reality, they care little about the country. They view it merely as a looting ground, where they can amass personal fortunes at the expense of Russian taxpayers and then transfer those fortunes to the West. In one of his anti-corruption reports, Nemtsov detailed the unexplained riches attained by Putin’s personal friends such as Gennady Timchenko, Yuri Kovalchuk and the Rotenberg brothers, noting that they are likely “no more that the nominal owners … and the real ultimate beneficiary is Putin himself.” Similar suspicions were voiced after the publication of the 2016 Panama Papers, which showed a $2 billion offshore trail leading to another close Putin friend, cellist Sergei Roldugin. Some of the funds in his accounts were linked with money from the tax fraud scheme uncovered by Magnitsky. Volumes of research, hours of expert testimony and countless policy recommendations have been dedicated to finding effective Western approaches to Putin’s regime. The clearest and the most convincing answer was provided, time and again, by the Putin regime itself. It was the Magnitsky Act that Putin tasked his foreign ministry with trying to stop; it was the Magnitsky Act that was openly tied to the ban on child adoptions; it was the Magnitsky Act that was the subject of the 2016 Trump Tower meeting attended by a Kremlin-linked lawyer; it is advocating for the Magnitsky Act that may soon land any Russian citizen in prison. It was the Magnitsky Act that Putin named as the biggest threat to his regime as he stood by Trump’s side in Helsinki. After the Trump-Putin meeting, the Russian Prosecutor-General’s Office released the names of U.S. citizens it wants to question as supposed associates of Browder. The list leaves no doubt as to the nature of the “crime.” It includes Michael McFaul, senior director for Russia policy at the Obama White House and later U.S. Ambassador in Moscow who oversaw the “compiling of memos to the State Department … on the investigation in the Magnitsky case.” It includes David Kramer, former assistant secretary of state in the George W. Bush administration, who, as president of Freedom House between 2010 and 2014, was one of the most effective advocates for the Magnitsky Act. Perhaps most tellingly, it includes Kyle Parker, now chief of staff at the Commission on Security and Cooperation in Europe, who, as the lead Russia staffer at the commission, wrote the bill that subsequently became the Magnitsky Act. Vladimir Putin has left no doubt: The biggest threat to his regime is the Magnitsky Act, which stops its beneficiaries from doing what has long become their raison d’être — stealing in Russia and spending in the West. It is time for more Western nations to adopt this law — and for the six countries that already have it to implement it with vigor and resolve.

  • Helsinki Commission Leaders Troubled by Continued Imprisonment of U.S. Pastor Andrew Brunson in Turkey

    WASHINGTON—Following today’s ruling by a Turkish court that U.S. pastor Andrew Brunson will remain jailed pending his next trial date in October, the four senior members of the U.S. Helsinki Commission—Helsinki Chairman Roger Wicker (MS), Co-Chairman Rep. Chris Smith (NJ-04), Ranking Commissioner Sen. Ben Cardin (MD), and Ranking Commissioner Rep. Alcee Hastings (FL-20)—released the following statements: “The cruelty of today’s decision is astonishing,” said Chairman Wicker. “By extending Pastor Brunson’s indefinite detention and setting his next trial date for mid-October, the Turkish government has declared its intention to keep this innocent man in jail past the two-year anniversary of his arrest without conviction or any credible evidence against him. There is no room in NATO for hostage-taking. Pastor Brunson should be freed immediately.” “Over the past 18 months, it has become clear that President Erdogan has the ability to end this injustice, but he refuses to do so,” said Co-Chairman Smith. “President Erdogan has put Pastor Brunson and his family through 649 days of enormous suffering. Pastor Brunson must be released immediately, otherwise this cruel abuse of a U.S. citizen should have serious consequences for our country’s relationship with the Turkish government.”   “I remain deeply concerned that Mr. Brunson remains in prison in Turkey,” said Sen. Cardin. “Today’s action represents yet another miscarriage of justice in this case. The Turkish government must drop its spurious charges and release Mr. Brunson immediately.” “Turkey’s persecution of Pastor Brunson has been characterized by conspiratorial charges, anonymous witnesses, and political agendas, and bears no resemblance to a credible judicial process,” said Rep. Hastings. “Even as the Turkish government prepares to lift its nearly two-year state of emergency, we should not be fooled into thinking that the rule of law is returning to Turkey. Pastor Brunson’s wrongful imprisonment proves that nothing is likely to change.” Pastor Brunson is one of several American citizens, including NASA scientist Serkan Gölge, who have been caught up in the sweeping purge that followed the 2016 coup attempt in Turkey. Despite the efforts of the President of the United States, among many others, he has spent more than a year in jail on national security charges. Gölge and two Turkish employees of U.S. consulates stand charged with similar terrorism offenses despite no involvement with violent activity—a situation faced by thousands of other Turks. A third consulate employee remains under house arrest on dubious charges.   In November 2017, the Helsinki Commission held a hearing on the detention of American citizens and U.S. consulate employees in Turkey. A month earlier, Helsinki Commission leaders called on President Erdogan to lift the state of emergency imposed in July 2016 after the failed military coup against his government. The Turkish government has announced it will not seek to extend emergency rule when it expires tomorrow, but draft legislation introduced by Erdogan’s government would enshrine many of his controversial emergency decrees. Ahead of the May 2017 meeting between President Donald Trump and Turkish President Recep Tayyip Erdogan, Helsinki Commission leaders also urged President Trump to seek guarantees that U.S. citizens jailed in Turkey will have their cases promptly and fairly adjudicated and receive full consular assistance.

  • Helsinki Commission Hearing to Explore Impact of Doping in International Sport

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: THE STATE OF PLAY: GLOBALIZED CORRUPTION, STATE-RUN DOPING, AND INTERNATIONAL SPORT Wednesday, July 25, 2018 2:00 p.m. Dirksen Senate Office Building Room 562 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce072518 Doping in international sport defrauds clean athletes and sponsors, and is inextricably linked with globalized corruption. However, international sports bodies like FIFA and the International Olympic Committee (IOC) appear unable or unwilling to curtail it. While the United States acts against many other forms of transnational crime, doping remains largely unpunished. Courageous whistleblowers have brought to light the unprecedented extent to which Russia has sought to defraud the international community through doping. Dr. Grigory Rodchenkov, the former head of the Moscow anti-doping lab, and Yuliya Stepanova, a world-class Russian athlete, revealed a complex web of deception that enabled Russia to cheat at international sporting events going back decades. To root out doping and corruption in international sport, Helsinki Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess, M.D., (TX-26) recently introduced the Rodchenkov Anti-Doping Act (RADA). The bipartisan legislation establishes civil remedies and criminal penalties for doping fraud violations at major international competitions. Helsinki Commissioners Rep. Gwen Moore (WI-04) and Rep. Steve Cohen (TN-09) cosponsored the bill. Witnesses at this hearing will discuss this legislation and explore the impact of doping fraud and its relationship to globalized corruption. The following witnesses are scheduled to participate: Dagmar Freitag, Chairwoman, Sports Committee of the German Bundestag Yuliya Stepanova, World-class Russian athlete and anti-doping whistleblower Travis Tygart, CEO, U.S. Anti-Doping Agency Katie Uhlaender, U.S. Olympian Jim Walden, Partner, Walden Macht & Haran LLP; attorney for Dr. Grigory Rodchenkov In February 2018, the Helsinki Commission held a briefing on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions. In March, Commissioners Sen. Ben Cardin (MD), Sen. Cory Gardner (CO), and Rep. Jackson Lee met with Dr. Rodchenkov to discuss the threat posed by Russia to the United States, corruption in international sports bodies, and U.S. contributions to the international effort to counter doping fraud.

  • 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.

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