The Forgotten: Iraqi Allies Failed by the U.S.

Helsinki Commission Ranking Senator Ben Cardin (MD), also the Ranking Member on the Senate Foreign Relations Committee, last week asked A. Wess Mitchell, the U.S. Administration’s nominee to serve as Assistant Secretary of State for European and Eurasia Affairs, to engage the U.S. Helsinki Commission on issues of common concern if confirmed by the Senate. Mitchell’s confirmation hearing before the Senate Foreign Relations Committee took place on Tuesday, September 19.  Mitchell told the Senator to expect his full engagement. The hearing focused heavily on U.S. policy toward the Russian Federation and included Jon M. Huntsman, Jr., as nominee for U.S. Ambassador to the Russian Federation. Senator Cardin spoke of building the resiliency of democratic institutions throughout Europe, including through the OSCE, and referred to the wide array of issues confronting Europe at this time.

By Allison Hollabaugh, Counsel Human trafficking remains a pressing human rights violation around the world with the International Labor Organization estimating that nearly 21 million people are enslaved at any given time, most of them women and children. As part of U.S. efforts to combat human trafficking, the U.S. Department of State today released the 2017 Trafficking in Persons Report (TIP Report), reflecting the efforts of 187 countries and territories to prosecute traffickers, prevent trafficking, and to identify and assist victims, as described by the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. Trafficking Victim Identification and Care: Regional Perspectives According to the new TIP Report, in the 2016 reporting year, countries in the OSCE region identified 304 more trafficking victims than in the previous year, for a total of 11,416 victims.  This increase is particularly notable when compared to the East Asia and Pacific, Near East, South and Central Asia, and Western Hemisphere regions, where victim identification declined, but still maintained a generally upward trend over 2014.  Trafficking victim identification and care is critical for proper management of refugee and migrant flows.  In order to help law enforcement and border guards identify trafficking victims among the nearly 400,000 migrants and refugees entering the region last year, the OSCE Office to Monitor and Combat Trafficking in Human Beings launched a new project to conduct multiple trainings, including simulation exercises, through 2018.  The first training in November 2016 included participants from 30 OSCE participating States. Victim identification and care are also critical for successful prosecutions.  Nearly every region of the world saw a drop in prosecutions of human traffickers, but an increase in convictions in the 2016 reporting year.  This trend may reflect a growing knowledge among prosecutors of how to successfully investigate and prosecute a trafficking case.  It also may reflect an overall increase in trafficking victims who have been identified, permitted to remain in-country, and cared for such that the victims—now survivors—are ready, willing, and able to testify against their traffickers.  Despite the dramatic decline in prosecutions (46 percent) in the OSCE region, convictions held steady at nearly the same numbers as the previous year. Individual Country Narratives Along with regional statistics, the TIP Report also provides individual country narratives, recommendations for the most urgent changes needed to eliminate human trafficking, and an assessment of whether the country is making significant efforts to meet the minimum standards for the elimination of human trafficking. Tier 1 countries meet the minimum standards for the elimination of human trafficking. Tier 2 countries do not yet meet the standards, but are making significant efforts to do so.  Tier 2 Watch List countries do not meet the minimum standards and are making significant efforts to do so, but have a very large or increasing number of trafficking victims, have failed to demonstrate increasing efforts over the previous year, or lack a solid plan to take additional steps in the coming year. Tier 3 countries do not meet the minimum standards and are not making significant efforts to do so. Twenty-five OSCE participating States qualified for Tier 1 in the TIP Report.  Nineteen participating States qualified for Tier 2, including Ukraine, which was upgraded this year after four years on the Tier 2 Watch List.  Five participating States were designated for the Tier 2 Watch List, including Hungary, Moldova, Montenegro, Serbia, and Bulgaria.* Four participating States were on Tier 3, including Belarus, Russia, Turkmenistan, and Uzbekistan.  States on Tier 3 may be subject to sanctions. Legislation authored by Helsinki Commission Co-Chairman Rep. Chris Smith—who also serves as the Special Representative for Human Trafficking Issues to the Organization for Security and Cooperation in Europe Parliamentary Assembly – requires the TIP Report to be produced every year.  In recent years the report has also included an assessment of the United States.   Since the inception of the report, more than 100 countries have written or amended their trafficking laws, with some nations openly crediting the report for inspiring progress in their countries’ fight against human trafficking. * OSCE participating States Andorra, Monaco, Lichtenstein, and San Marino are not included in the TIP Report.

When the U.S. funding bill commonly known as the Omnibus passed in May 2017, it included a number of provisions outlining U.S. foreign policy and national security measures.  It also included provisions supporting diversity and human rights in foreign affairs in the face of increased violence and discrimination across the 57 North American and European countries that make up the Organization for Security and Cooperation in Europe. “Continuing anti-migrant and refugee sentiments, anti-Muslim backlash following terrorist attacks, and a surge in anti-Semitic and racist incidents in this country and abroad are just some of the reasons I was compelled to act,” said Helsinki Commission Ranking Senator Ben Cardin (MD), who is also the OSCE Parliamentary Assembly’s first Special Representative on Anti-Semitism, Racism, and Intolerance. “These legislative provisions are just a few recent efforts I have advanced to ensure diverse populations in our country and throughout the OSCE region are afforded the same rights, protections, and opportunities as others that are enshrined in the Helsinki Final Act and numerous OSCE tolerance and non-discrimination commitments,” said Senator Cardin, whose U.S. spending bill provisions include: Increased funding to counter global anti-Semitism. U.S. support for the Organization for Security and Cooperation in Europe (OSCE) to advance new initiatives to counter anti-Semitism, racism, and intolerance. Expansion of the Department of State workforce diversity programs. Prior to the passage of the Omnibus, on April 25 Senator Cardin introduced the National Security Diversity and Inclusion Workforce Act (NSDIWA) of 2017, building on legislation he passed in December 2016 to diversify the State Department and USAID labor force.  “I have championed these equality and anti-discrimination provisions because America’s diversity is one of our greatest assets as a nation, and our government should reflect that reality,” said Senator Cardin. “When America leads with our values on display, whether we are promoting human rights abroad or helping resolve conflicts to help societies heal and move forward, including our own, it should be done with personnel who reflect the entire tapestry of the United States,” Senator Cardin continued. “Inequities and discrimination are not just a U.S. problem.  The hope is that this legislation can also serve as a model for other countries grappling with similar issues from hate crimes to inequality.” Senator Cardin was appointed the OSCE PA's Special Representative on Anti-Semitism, Racism and Intolerance in March 2015. More on his mandate and efforts can be found at http://www.oscepa.org/about-osce-pa/special-representatives/anti-semitism.

On May 3, Helsinki Chairman Senator Roger Wicker (MS), Ranking Commissioner Senator Ben Cardin (MD), and Helsinki Commissioners Senator Cory Gardner (CO), Senator Marco Rubio (FL), and Senator Thom Tillis (NC) signed a letter encouraging President Trump to prioritize democracy and respect for human rights in the Administration’s foreign policy agenda. The letter reads in part: “America has long been a leader in supporting individual rights. It was more than 240 years ago that the Founding Fathers declared  that all are created equal and endowed with inalienable rights, including life, liberty, and the pursuit of happiness. These principles have successfully formed the backbone of the American experiment in self- government. The rights the Founders recognized are not by any means solely ‘American,’ but rather are universal. Being fortunate to enjoy these freedoms ourselves, we have the moral imperative to promote democracy and human rights across the globe.” The bipartisan letter was also signed by Senator Todd Young (IN), Senator Edward Markey (MA), Senator Bob Menendez (NJ), Senator Susan Collins (ME), Senator Dick Durbin (IL), Senator Patrick Leahy (VT), Senator Christopher Coons (DE), Senator Lisa Murkowski (AK), Senator Cory Booker (NJ), and Senator Jeff Merkley (OR). The full text of the letter can be found below. Dear Mr. President: As you carry out the responsibilities of the Office of the President, we in the Congress stand ready to work with you to ensure that America remains a leader in advocating for democracy and human rights. We urge your administration to make these issues a priority. As you know, America has long been a leader in supporting individual rights.  It was more than 240 years ago that the Founding Fathers declared  that all are created equal and endowed with inalienable rights, including life, liberty, and the pursuit of happiness.  These principles have successfully formed the backbone of the American experiment in self- government. The rights the Founders recognized are not by any means solely “American,” but rather are universal. Being fortunate to enjoy these freedoms ourselves, we have the moral imperative to promote democracy and human rights across the globe.  At a Senate Foreign Relations Committee subcommittee hearing earlier this year titled “Democracy and Human Rights: The Case for U.S. Leadership” human rights activists shared their stories of living under oppressive regimes. They made clear that they believe that the United States has a critical role to play in safeguarding the fundamental rights of all people. A world that is more democratic, respects human rights, and abides by the rule of law strengthens the security, stability, and prosperity of America. History has demonstrated time-and-again that free societies are more likely to be at peace with one another. Constitutional democracies are also less likely to fail and become breeding grounds for instability, terrorism, and migration.  Democratic nations that respect good governance and the rights of their own citizens are also more likely to be economically successful, and to be stable and reliable trade and investment partners for the United States.  Our economic partnerships with Japan, Germany, Taiwan, the Republic of Korea, and numerous other nations’ today stand as testament to the wisdom of far-sighted U.S. policy that seeks to develop good governance and strong democratic institutions as necessary enablers for strong economic partnerships as well. As we have seen over the past decade, there is a creeping authoritarian resurgence across the globe, against which we are the bulwark for individual rights and freedoms.  America, since its founding, has led this fight, not just for the rights of Americans found in the Constitution, but for the rights of all.  By elevating democracy and human rights to a prominent place on your foreign policy agenda you can make a measurable difference and make America safer, more prosperous, and more secure.  There is longstanding and deep bipartisan Congressional commitment to advancing freedom around the world, just as Republican and Democratic administrations for decades have supported democracy and human rights, and we look forward to working with you on this important cause.  We ask that, as you continue to formulate your foreign and defense policies, you put the promotion of democracy and human rights front-and-center as a primary pillar of America’s approach abroad.  As we move forward with the process of holding confirmation hearings for your nominees to key foreign policy positions we will be assessing their commitment to uphold these important American values as they carry out our nation’s foreign policy.

Spencer Oliver saw the foundation of the Helsinki Commission as its first Chief of Staff, from 1976 to 1985. After subsequent service as Chief Counsel at the House Foreign Affairs Committee, he served as the first Secretary General of the OSCE Parliamentary Assembly from October 1992 to December 2015. Spencer Oliver, a personal witness to the diplomacy that brought trans-Atlantic relations from the Cold War era to the present, recently paid a visit to the Helsinki Commission offices he first opened in 1976.  After a nine-year tenure as the Commission’s first Chief of Staff, Mr. Oliver remained involved with the Helsinki Process through his subsequent career in the Congress and at the OSCE Parliamentary Assembly. Mr. Oliver gave a short interview on the Commission’s accomplishments over four decades, and prospects for the future. Before the establishment of the Helsinki Commission in 1976, Oliver observed, “human rights were not really a component of U.S. foreign policy. It was the Commission that made a strong effort for President Carter to make human rights a definite element in his foreign policy portfolio.” He recalled a private foreign policy strategy meeting in the fall of 1976 with then-candidate Jimmy Carter’s foreign policy team. Then-Helsinki Commission Chairman Dante B. Fascell, a U.S. Representative from Florida, made a pitch about why human rights should be on Carter’s agenda.  Senator Hubert Humphrey, a very close friend and advisor to Carter, slammed his hand on the table and said, “By golly, Dante’s right! Human rights ought to be one of the principal pillars of the Carter foreign policy!” After Carter took office, Chairman Fascell and his staff, including Mr. Oliver, met with the new President’s Secretary of State, Cyrus Vance, to discuss a plan to make human rights a U.S. foreign policy priority. They recommended that: 1) the State Department position of “Coordinator of Humanitarian Affairs” be elevated to a full Bureau for Human Rights and Humanitarian Affairs; 2) Patricia M. Derian, a civil rights activist from Mississippi, become the first Assistant Secretary of State to head that Bureau; 3) the Assistant Secretary also become the State Department’s representative on the Helsinki Commission; and 4) the Helsinki Commission be fully integrated into inter-agency CSCE planning and the U.S. Delegation to the upcoming CSCE Review Meeting in Belgrade. The Secretary agreed and implemented these recommendations, despite resistance within the State Department. “Without Dante Fascell and Patt Derian, human rights probably would not have had the place it eventually did in American foreign policy,” Oliver observed. Oliver mentioned with sadness the passing of Derian in May 2016. Mr. Oliver explained that the Helsinki Commission was also partly responsible for creating the practice of human rights implementation, review, and accountability. At the 1977 Belgrade Review Meeting, the Helsinki Commission participants in the U.S. Delegation articulated specific cases of human rights abuses and violations of the Helsinki Accords committed by the Soviet Union. In response, the Soviet delegation shot back with criticisms of U.S. human rights issues, such as racism and poverty, to which the United States responded by investigating and reporting factually on these concerns. By publishing a human rights compliance report, the United States set a precedent for accountability on the part of all Helsinki Final Act signatory states. “The Helsinki Accords,” Oliver explained, “were not just about how the countries treat one another, but also about how countries treat their own citizens.” Noting that, today, Russia’s human rights conditions are worse than they have been since the collapse of the USSR, Mr. Oliver recalled moments that looked more promising. Accompanying Fascell to Moscow in April 1986, he was among the first American officials to meet with Mikhail Gorbachev after his consolidation of power as leader of the Soviet Union. In a four-hour meeting at the Kremlin on a Saturday morning, Mr. Oliver expected Gorbachev to find recourse to concerns raised by displaying the same defensiveness and counter-criticism as previous Soviet leaders. Instead, Gorbachev was honest about the issues his country was facing, and expressed his intention to enact economic and political reforms to open the Soviet Union up to the rest of the world. Mr. Oliver left that meeting feeling encouraged about the direction of the USSR. This progressive streak in Russian leadership was short-lived, as illustrated by Vladimir Putin’s increasingly authoritarian rule and denial of basic freedoms. Mr. Oliver believes that Putin’s rise to power and current popularity result from the turmoil and economic devastation of the 1990s, compounded with his tight grip on the media. “There’s no country in the world where the dictator controls the media and he isn’t running at 80 percent in the polls,” he said. In terms of U.S. policy towards Russia, Mr. Oliver believes that strengthening and widening those economic sanctions already in place would put the most pressure on the Russian government to change its ways. “When the Russians invaded Crimea, they broke every one of the ten principles of the Helsinki Final Act,” he said.  “We should let the Russians know that we don’t intend to back off until they change their ways.” In the meantime, the Commission can continue to play an important role maintaining the gains made in promoting human rights through bilateral as well as multilateral diplomacy.