Title

HEARING: THE STATE OF DEMOCRACY AND HUMAN RIGHTS IN TURKMENISTAN

Tuesday, March 21, 2000
2:00pm
234 Cannon House Office Building
Washington, DC 20515
United States
Members: 
Name: 
Hon. Chris Smith
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Name: 
Hon. Ben Nighthorse Campbell
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Name: 
Hon. Steny Hoyer
Title Text: 
Ranking Member
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Name: 
Hon. Joseph Pitts
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Name: 
Hon. Sam Brownback
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Witnesses: 
Name: 
John Beyrle
Title: 
Principal Deputy to Ambassador-at-Large
Body: 
Special Adviser to the Secretary of State for New Independent States
Statement: 
Name: 
Avdy Kuliev
Title: 
Member
Body: 
Turkmen Opposition in Exile
Statement: 
Name: 
Pyotr Iwaszkiewicz
Title: 
Former Member
Body: 
OSCE Office in Ashgabat
Name: 
Firuz Kazemzadeh
Title: 
Member
Body: 
U.S. Commission on International Religious Freedom
Statement: 
Name: 
Cassandra Cavanaugh
Title: 
Research Associate
Body: 
Human Rights Watch/Helsinki
Statement: 
Name: 
E. Wayne Merry
Title: 
Director, Program on European Societies in Transition
Body: 
Atlantic Council of the United
Statement: 

This hearing reviewed the democratization process, human rights, and religious liberty in Turkmenistan. This was one in a series that the Helsinki Commission has held on Central Asia.

Turkmenistan has become a worse-case scenario of post-Soviet development. Human Rights Watch Helsinki did not yield from calling Turkmenistan one of the most repressive countries in the world. As a post-Soviet bloc country, Turkmenistan remains a one-party state, but even that party is only a mere shadow of the former ruling Communist Party. All the real power resides in the country’s dictator, who savagely crushes any opposition or criticism. The witnesses gave testimony surrounding the legal obstacles in the constitution of Turkmenistan and other obstacles that the authoritarian voices in the government use to suppress opposition.

Relevant countries: 
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Executive Order 13405—Blocking Property of Certain Persons Undermining Democratic Processes or Institutions in Belarus—was originally issued in June 16, 2006 in reaction to the aforementioned March 2006 elections and subsequent repression of protests.  It targets the human rights abuses that have sadly become characteristic of the Lukashenko regime and which he is committing now more aggressively than ever as he attempts to squash fair political competition. There has never been a more appropriate time to fully implement this Executive Order and consider expanding its principle objectives with additional executive action. The people of Belarus have demonstrated through these protests their deep desire for democracy and their refusal to be silenced.  It is incumbent upon us to stand with them.  At the very least, this means that we should not be inadvertently providing support to the Lukashenko regime by allowing its state-owned companies access to our financial system. Sincerely, Alcee L. Hastings Chairman

  • The OSCE: A Bulwark Against Authoritarianism

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Unprecedented Gap in OSCE Leadership OSCE institutions—including its assembly of national legislators—foster an essential defense against the spread of authoritarianism. However, despite its comprehensive vision, we are now faced with an unprecedented gap in leadership at the OSCE due to the block on the extension of mandates for four senior leaders, including the Secretary General. Each week, the OSCE Permanent Council—comprising ambassadors to the OSCE from each participating State—meets in Vienna, Austria. In this forum, the United States seeks to shine a light on contraventions of States’ OSCE tenets and violations of international law. 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Several times each year,  members of Congress—including lawmakers serving on the U.S. Helsinki Commission, which monitors implementation of the Helsinki Accords  —gather at meetings of the OSCE Parliamentary Assembly, where they secure political commitments and build mutually beneficial relationships among legislators from the OSCE’s participating States to help push back against anti-democratic actions by national governments. Unfortunately, several OSCE participating States—countries that have repeatedly committed to upholding the principles and values enshrined in the Helsinki Final Act— are exhibiting a troubling slide toward authoritarianism. The United States and our democratic allies have criticized efforts to restrict and persecute journalists, human rights defenders, civil society, members of the political opposition, and members of ethnic and religious minorities. 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The authoritarian regimes view democracy as an existential threat—hence the actions some of them have taken to restrict the OSCE’s ability to do its work.  The struggle today is between those who believe authoritarianism is the right way forward and those of us who still believe that Thomas Jefferson was right in his declaration that the desire for freedom exists within the heart of every human being. In a hyper-connected modern world in which disinformation becomes an ever more powerful weapon and the divisions within free societies are exploited by malign actors, U.S. membership in organizations like the OSCE emphasizes clearly, openly, and emphatically that America will not cede the field to the authoritarian regimes. We will not allow them to be the ones to dictate what is truth and what is fiction. Human Rights and Ideals Just as Valid in 2020 Through the OSCE, the United States directly confronts the deceit of Russia and other authoritarian powers. By raising our voices, through our participation and leadership, we reassure our friends that the United States stands with them and supports our shared values against the growing tide of autocracy. By raising our voices, we remind allies and adversaries alike that the United States remains engaged and committed to what is fair, what is right, and what is true. Together, our U.S. Mission to the OSCE and the U.S. Helsinki Commission remind allies and adversaries alike that America will not ignore regimes that are actively hostile to our values and see our liberty as an existential threat. We will always prioritize respect for human rights and fundamental freedoms, defend the principles of liberty, and encourage tolerance within societies, because such efforts are vital to the promotion of democracy and to U.S. national security. We reject the authoritarian notion that our fundamental freedoms are a weakness. They are our greatest strength. The United States and other like-minded countries use the power of the OSCE to show that human rights and ideals are just as valid in 2020 as they were in 1975, when the Helsinki Accords were signed. These rights not only ensure the physical, economic, and mental wellbeing of all our populations, they make the countries’ governments stronger by building legitimacy in the eyes of their citizens. America’s unwavering support of these values through multilateral organizations like the OSCE remains vital. As noted in the Trump administration’s U.S. National Security Strategy, “Authoritarian actors have long recognized the power of multilateral bodies and have used them to advance their interests and limit the freedom of their own citizens.  If the United States cedes leadership of these bodies to adversaries, opportunities to shape developments that are positive for the United States will be lost.” The OSCE deserves to be recognized by the people of both the United States and our allies and partners as a valuable tool in the fight against autocracy. We must not abandon it by leaving its most important institutions without leadership beyond its 45th anniversary. Instead, through our efforts, and those of our allies and partners in the OSCE, we must continue to defend liberty and human rights in our region and provide a beacon of hope for citizens everywhere who aspire to a free and democratic future.

  • Hastings: Petty Parochialism Denies OSCE Vital Leadership During Global Crisis

    WASHINGTON—Following yesterday’s failure of OSCE representatives to renew the mandates of four leadership positions—the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the Office for Democratic Institutions and Human Rights—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “We are in trouble when petty parochialism denies us vital leadership in the midst of a global crisis. Now more than ever, reliable multilateral institutions are needed to forge solutions during and after the current pandemic.  “Azerbaijan, Tajikistan, Turkey, and other OSCE participating States who have blocked consensus on extending dedicated public servants should be ashamed of themselves. History will show the folly of abandoning essential leadership for cooperation.” Negotiations to renew each mandate collapsed in part in response to the written objections of Azerbaijan, Tajikistan, and Turkey, and the subsequent withholding of consensus by other participating States. Even efforts to devise interim extensions failed, leaving vital OSCE leadership positions vacant during an unprecedented global crisis. The failure highlights the unwillingness of some OSCE participating States to live up to their stated commitments to democratic institutions, the rule of law, media pluralism, and free and fair elections. Leaving key leadership roles unfilled drastically weakens the OSCE’s ability to hold countries accountable for their actions and undermines the principles of the Helsinki Final Act.  The Organization for Security and Cooperation in Europe (OSCE) is the world’s largest regional security organization. It spans 57 participating States reaching from Vancouver to Vladivostok. The OSCE sets standards in fields including military security, economic and environmental cooperation, and human rights and humanitarian concerns. In addition, the OSCE undertakes a variety of initiatives designed to prevent, manage, and resolve conflict within and among the participating States.

  • Wicker and Cardin Commend United Kingdom Magnitsky Sanctions on Russian and Saudi Officials

    WASHINGTON—Following the recent designations under the United Kingdom’s Magnitsky sanctions framework of Russian and Saudi officials responsible for the deaths of Sergei Magnitsky and Jamal Khashoggi, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) released the following statement: “We are encouraged to see the United Kingdom applying its first-ever independent Magnitsky sanctions. These sanctions demonstrate that following Brexit, the UK remains committed to fighting human rights abuse and kleptocracy. “We hope the UK will continue to apply Magnitsky sanctions as needed and develop additional anti-corruption policies to stem the flow of illicit wealth into the country. We also encourage the European Union to move forward on plans to develop its own Magnitsky sanctions. Consequences for bad acts are most effective when imposed in concert.” The UK passed its Magnitsky sanctions law in 2018. That same year, Russia attempted to assassinate Sergei Skripal, a former Russian double agent who spied for the UK, in Salisbury, England. UK Magnitsky sanctions freeze the assets of designees and prevent them from entering the country, and are expected to be a powerful deterrent for kleptocrats, given the propensity of corrupt officials to steal and launder money into London as well as send their children to British boarding schools. In December 2019, EU High Representative for Foreign Affairs and Security Policy Josep Borrell announced that the EU would start preparatory work for the equivalent of a Magnitsky sanctions mechanism. However, no further progress has been reported. In May 2020, Co-Chairman Wicker and Sen. Cardin urged U.S. Secretary of State Mike Pompeo to ask High Representative Borrell to expedite the adoption of EU sanctions on human rights abusers and include provisions for sanctioning corruption.

  • Human Rights at Home: Implications for U.S. Leadership

    Recent developments in the United States—including George Floyd’s tragic death at the hands of police and subsequent protests—have put U.S. human rights commitments to the test in the eyes of the world. On July 2, 2020, the Helsinki Commission held a hearing on “Human Rights at Home:  Implications for U.S. Leadership.” The online hearing was held in compliance with H.Res.965, which provides for official remote proceedings during the COVID-19 pandemic. Commissioner Rep. Emanuel Cleaver (MO-05), who chaired the hearing, observed, “The United States has long been a champion of human rights and democracy in our foreign policy.  Many of the OSCE’s groundbreaking commitments were actually spearheaded by the United States, including those relating to anti-Semitism, freedom of religion, free elections, and the rule of law, to name only a few…Today, we look inward as we examine the Black Lives Matter protests and related domestic compliance issues in the context of our OSCE human dimensions commitments and implications for U.S. foreign policy.” Witnesses included Nkechi Taifa, Founding Principal & CEO of The Taifa Group, LLC, Convener of the Justice Roundtable, and Senior Fellow, Center for Justice, Columbia University; the Honorable Malcolm Momodou Jallow, Member of Parliament (Sweden) and General Rapporteur on Combating Racism and Intolerance, Parliamentary Assembly of the Council of Europe (PACE); and Ambassador (ret.) Ian Kelly, former U.S. Permanent Representative to the Organization for Security and Cooperation in Europe (OSCE).  “It’s not a moment.  It’s a movement.” Witnesses emphasized that George Floyd’s death has created a movement, not just a moment, in efforts to address systemic racism, police violence, and secure justice. Nkechi Taifa called on the United States to implement fully international human rights commitments and obligations, without legal barriers. She observed that the world is at the midpoint of the United Nations International Decade for People of African Descent and concluded, “What we are witnessing today is the unprecedented possibility for change.” Malcolm Momodou Jallow observed that structural, institutional, and systemic racism— including racist violence—is not confined to the United States, but is also present in Europe.  The European project includes an antidiscrimination, antiracist dimension, with a fundamental commitment to reflect the lessons of the Holocaust and eradicate past European divisions through respect for the human rights of all. Failure to do so affects entire communities, thereby eroding social cohesion, trust in public authority, the rule of law and ultimately democracy.  Mr. Jallow also drew attention to the European Parliament’s resolution, adopted on Juneteenth (June 19), on the anti-racism protests following George Floyd’s death.  The resolution also recalled Europe’s colonial past and its role in the transatlantic slave trade; draws on the OSCE’s Office for Democratic Institutions and Human Rights’ annual hate crimes report; and calls for closer cooperation between the European Commission and the OSCE.  “The OSCE should rise to that occasion.” Ambassador Ian Kelly stated that security among states depends on respect for human rights within states. Actions clearing peaceful protesters, at the expense of their basic rights, cost the United States moral authority to call other countries to account.  Ambassador Kelly credited the OSCE for its work to shine a light on the problems of intolerance but asserted more could and should be done in the OSCE context to expose abuses against people of color in the OSCE region.  By signing the Helsinki Final Act, the United States committed to respecting human rights and protect democracy, even under the most challenging circumstances. A willingness to respond to the human rights concerns that other countries raise with the United States in the Helsinki context has been instrumental in validating the promotion of human rights and democracy advocacy as a goal of U.S. foreign policy. The Helsinki Commission has addressed the implementation of OSCE commitments in the United States in various ways, including hearings, reports, and legislation. The video of the murder of George Floyd and the ensuing protests received wall-to-wall coverage throughout most of the OSCE participating States. Journalists from at least eight OSCE participating States—Canada, Finland, France, Germany, Russia, Sweden, Switzerland, and Turkey—suffered violence while trying to report on demonstrations. George Floyd’s death in police custody prompted demonstrations in nearly all western OSCE participating States, including more than 25 of the 30 NATO member states, supporting the Black Lives Matter (BLM) movement and protesting systemic racism. In some Central European countries, the death of George Floyd has been compared to police brutality against Roma. In other countries, demonstrators have called for changes to their own national policing practices, the removal of symbols of their colonial past, and other policy changes. There have been no BLM sympathy demonstrations in Russia, where assembly (even protests by single picketers or dolls dressed as protesters) remains highly controlled. Heads of OSCE institutions, including the Director of the Office for Democratic Institutions and Human Rights and the Representative on Freedom of the Media, have expressed concern about the actions of police, restrictions on freedom of assembly, and restrictions on press freedom. The OSCE Parliamentary Assembly President George Tsereteli, expressed similar concerns in a press statement on June 1. On June 8, 38 NGOs from the Civic Solidarity Platform, a decentralized advocacy network of independent civic groups from across the OSCE region, issued a rare joint statement of concern regarding “the United States government’s response to widespread peaceful protests against police violence.” Related Information Witness Biographies Human Rights at Home Safe, Inclusive, and Equitable Societies Briefing: 8:46 (George Floyd) Press Release: Hastings: To Promote Human Rights Abroad, We Must Fiercely Protect Them at Home Press Release: OSCE Media Freedom Representative concerned about violence against journalists covering protests in USA, calls for protection of journalists Press Release: Statement of the OSCE Parliamentary Assembly President on the policing of protests in the United States Civic Solidarity Platform Statement: U.S. racism and police violence and the human dimension heritage of the OSCE Rep. Jim McGovern: To Regain Our Credibility on Human Rights, America Must Start At Home

  • Helsinki Commission Hearing to Examine Human Rights At Home

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: HUMAN RIGHTS AT HOME Implications for U.S. Leadership Thursday, July 2, 2020 11:00 a.m. Watch Live: www.youtube.com/HelsinkiCommission By signing the Helsinki Final Act, the United States committed to respecting human rights and the rule of law, even under the most challenging circumstances. Recent developments in the United States—including George Floyd’s tragic death at the hands of police and subsequent protests—have put U.S. human rights commitments to the test in the eyes of the world. During this online hearing, witnesses will discuss these events, the U.S. response, and the resulting implications for U.S. leadership in foreign policy. Witnesses scheduled to participate include: Ambassador (ret.) Ian Kelly, former U.S. Permanent Representative to the Organization for Security and Cooperation in Europe (OSCE) Malcolm Momodou Jallow, Member of Parliament (Sweden) and General Rapporteur on Combating Racism and Intolerance, Parliamentary Assembly of the Council of Europe (PACE) Nkechi Taifa, Founding Principal & CEO, The Taifa Group, LLC; Convener, Justice Roundtable; and Senior Fellow, Center for Justice, Columbia University

  • 8:46 (George Floyd)

    George Floyd’s tragic death at the hands of a Minneapolis police officer—recorded for a wrenching eight minutes and 46 seconds—shocked the world. During this online briefing, political and civil rights leaders from the United States and Europe discussed the impact made by resulting protests and the need to change policing tactics, alongside an honest review of how racism stemming from the transatlantic slave trade and colonialism persists today. Related Information Panelist Biographies Podcast | Communities at Risk: The Impact of COVID-19 on the OSCE’s Most Vulnerable Populations Press Release | Chairman Hastings Introduces LITE Act to Strengthen Ties with U.S. Allies, Support Visionary Leadership on Both Sides of the Atlantic Press Release | Chairman Hastings Introduces Bill to Promote Diversity and Inclusion in the Federal Workforce Press Release | Chairman Hastings Recognizes Black European Fight for Inclusion Safe, Inclusive, and Equitable Societies Helsinki Commission Initiatives on Racial Justice, Minority Rights, and Tolerance and Non-Discrimination ENAR demands to address racist police violence and structural racism

  • Political and Civil Rights Leaders to Discuss Impact of George Floyd’s Death at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following staff-led online briefing: 8:46 (GEORGE FLOYD) A Time for Transformation at Home and Abroad Friday, June 12, 2020 10:00 a.m. Register to attend. George Floyd’s tragic death at the hands of a Minneapolis police officer—recorded for a wrenching eight minutes and 46 seconds—shocked the world.  During this online briefing, political and civil rights leaders from the United States and Europe will discuss the impact made by resulting protests and the need to change policing tactics, alongside an honest review of how racism stemming from the transatlantic slave trade and colonialism persists today. Panelists scheduled to participate include: Abena Oppong-Asare, Member of Parliament, United Kingdom Adam Hollier, Michigan State Senator Mitchell Esajas, Chair, New Urban Collective (Netherlands) Karen Taylor, Chair, European Network Against Racism (ENAR) Panelists may be added.

  • Human Rights and Democracy in a Time of Pandemic

    The outbreak of the novel coronavirus pandemic has prompted governments around the world to take extraordinary measures in the interest of public health and safety. As of early April, nearly two-thirds of the 57 participating States of the Organization for Security and Cooperation in Europe had declared “states of emergency” or invoked similar legal measures in response to the crisis. Often such measures have enabled governments to enact large-scale social distancing policies and suspend economic activity to save lives and preserve the capacity of national public health infrastructure to respond to the spread of infections. At the same time, human rights organizations and civil society activists have expressed concern regarding the breadth of some emergency measures and recalled the long history of government abuse of emergency powers to trample civil liberties. Exactly three decades ago, OSCE participating States unanimously endorsed a set of basic principles governing the imposition of states of emergency, including the protection of fundamental freedoms in such times of crisis. In 1990 in Copenhagen, OSCE countries affirmed that states of emergency must be enacted by public law and that any curtailment of human rights and civil liberties must be “limited to the extent strictly required by the exigencies of the situation.” According to the Copenhagen Document, emergency measures furthermore should never discriminate based on certain group characteristics or be used to justify torture. Building on these commitments a year later in Moscow, participating States underscored that states of emergency should not “subvert the democratic constitutional order, nor aim at the destruction of internationally recognized human rights and fundamental freedoms.” The Moscow Document stresses the role of legislatures in imposing and lifting such declarations, the preservation of the rule of law, and the value of guaranteeing “freedom of expression and freedom of information…with a view to enabling public discussion on the observance of human rights and fundamental freedoms as well as on the lifting of the state of public emergency.” In some corners of the OSCE region, however, national authorities are violating these and other OSCE commitments in the name of combatting coronavirus. While many extraordinary responses are justified in the face of this crisis, government overreach threatens the well-being of democracy and the resilience of society at a critical time. Download the full report to learn more.

  • Wicker and Cardin Urge Pompeo to Work with EU High Representative to Advance EU Magnitsky Sanctions

    WASHINGTON—In a letter released today, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) urged U.S. Secretary of State Mike Pompeo to ask the EU’s High Representative for Foreign Affairs and Security Policy, Josep Borell, to expedite the adoption of EU sanctions on human rights abusers, include provisions for sanctioning corruption, and ensure that the EU sanctions regime bears Sergei Magnitsky’s name. The letter reads in part: “In this time of global crisis, dictators and kleptocrats are only increasing their bad actions, making it more important than ever that the EU move quickly to make the EU Magnitsky Act a reality... “It has become clear that corruption and human rights abuse are inextricably linked. The lack of provisions to sanction corruption would weaken the comprehensive Magnitsky approach. It would also lead to difficulties synchronizing U.S. and EU sanctions by enabling corrupt officials barred from the United States to continue operating in the EU, thus diminishing our deterrent and increasing Europe’s vulnerability to exploitation... “It was Sergei Magnitsky who started this very effort to end impunity for human rights abusers and corrupt officials. Omitting the name of Magnitsky, who was jailed, tortured, beaten, murdered, and posthumously convicted, would indicate a lack of resolve to stand up to brutal regimes around the world.” The U.S. Global Magnitsky Human Rights Accountability Act, which authorizes the President to impose economic sanctions and deny entry into the United States to any foreign person he identifies as engaging in human rights abuse or corruption, has been an important asset in the U.S. diplomatic toolkit. In December 2019, High Representative Borrell announced that all Member States unanimously agreed to start preparatory work for an equivalent of Global Magnitsky, adding that such a framework would be “a tangible step reaffirming the European Union’s global lead on human rights.” The Baltic States, Canada, and the UK already have adopted similar legislation. However, the current proposal for an EU Magnitsky Act does not include sanctions for officials involved in corruption, nor does it include any reference to Sergei Magnitsky by name. The full text of the letter can be found below: Dear Mr. Secretary, As the original sponsors of the Magnitsky Act, we aim to increase the impact of the legislation worldwide by encouraging our allies to join us in sanctioning bad actors. At the moment, the European Union (EU) has agreed in principle to adopt their own sanctions similar to those provided by the Global Magnitsky Act, but certain issues remain. Therefore, we ask that you work with Josep Borrell, High Representative of the EU for Foreign Affairs and Security Policy, to ensure the EU adopts and implements the most thorough and effective sanctions package possible. Our first concern is that the EU seems to have stalled in putting together the details of their Magnitsky sanctions regime because of the global health crisis. In December, High Representative Borrell announced that there was political agreement to move forward on a Magnitsky-like piece of legislation, which his team would begin drafting. Since then, we fear this work has been sidelined. In this time of global crisis, dictators and kleptocrats are only increasing their bad actions, making it more important than ever that the EU move quickly to make the EU Magnitsky Act a reality. Our second concern is that the proposal for an EU Magnitsky Act does not include sanctions for officials involved in corruption. It has become clear that corruption and human rights abuse are inextricably linked. The lack of provisions to sanction corruption would weaken the comprehensive Magnitsky approach. It would also lead to difficulties synchronizing U.S. and EU sanctions by enabling corrupt officials barred from the United States to continue operating in the EU, thus diminishing our deterrent and increasing Europe’s vulnerability to exploitation. Finally, we are concerned that the EU is not planning to include Magnitsky’s name on the sanctions regime. It was Sergei Magnitsky who stood up to a ruthless, violent, and corrupt state and demanded fairness and accountability for his fellow citizens. And it was Sergei Magnitsky who started this very effort to end impunity for human rights abusers and corrupt officials. Omitting the name of Magnitsky, who was jailed, tortured, beaten, murdered, and posthumously convicted, would indicate a lack of resolve to stand up to brutal regimes around the world. Therefore, we request that you ask the High Representative Borrell to expedite the adoption of their sanctions, include provisions for sanctioning corruption, and ensure that the EU sanctions regime bears Sergei Magnitsky’s name. It is important that we do not let our guard down and continue our global leadership in this important area. Sincerely, Benjamin L. Cardin                                                       Roger F. Wicker Ranking Member                                                          Co-Chairman

  • Respecting Human Rights and Maintaining Democratic Control during States of Emergency

    Statement at the OSCE Parliamentary Assembly Webinar: Respecting Human Rights and Maintaining Democratic Control during States of Emergency President Tsereteli, Secretary General Montella, it is good hear from you.  I am pleased to see that this Assembly has found ways to communicate, cooperate and collaborate — in spite of the distances that keep us apart, and as an expression of our shared commitments to our roles as legislators. At last year’s annual session, I was the lead sponsor of a supplementary item on “the role of civil society — individuals and non-governmental organizations — in realizing the aims and aspirations of the OSCE.”  The resolution we adopted in Luxembourg acknowledges the critical role civil society plays in enhancing security and cooperation across all OSCE dimensions. I appreciate President Tsereteli appointing our colleague, the Honorable Pia Kauma, as the Assembly’s Special Representative to be an advocate for civil society engagement and she has done a great job so far. I am sorry, but not surprised that some governments have taken the need for emergency measures as an opportunity for repressive measures. Hungary is the only OSCE participating State that does not have a sunset clause for the expiration of its emergency measures, or requiring parliamentary approval for an extension.  Parliamentary oversight is absolutely essential, especially when governments seek to exercise extraordinary powers. I believe we must also pay particular attention to those measures that relate to freedoms of assembly, association, and expression.  I am also troubled by the heavy-handed disciplinary and punitive approach utilized in some areas, which exacerbates existing discriminatory and unconstitutional policing.  I want to thank you, Director Gisladottir, for your attention to this and speaking out against the hate crimes and scapegoating of minorities, refugees and migrants. In the next legislation that will come before the U.S. Congress, I will support provisions to address hate crimes and other forms of discrimination in our societies recently highlighted by the pandemic. The February 25 profiling murder of Ahmaud Aubrey by his neighbors in the state of Georgia demonstrates the urgency of our fight for equity and justice for all beyond our current crisis. But I would like to pause here for a moment, to reflect on violations of fundamental freedoms that some governments had already imposed even before now.  If a law or practice violated OSCE human rights and democracy norms before the pandemic, circumstances now will surely not cure that violation. Threats against journalists, restrictions on academic freedom, imprisoning people for their political views, and impeding or even criminalizing NGOs’ access to and communication within and outside their own countries — all of that is still inconsistent with OSCE commitments, and the pandemic does not change that.  Principle VII of the Helsinki Final Act still holds: individuals still have the right to know and act upon their rights. I therefore add my voice to the international calls from OSCE institutional bodies and others around the world for the release of all prisoners of conscience given this pandemic. Prison populations are particularly susceptible to community spread. To address dangerous overcrowding, governments should work first and foremost to release those imprisoned for exercising their internationally recognized rights or those wrongly imprisoned contrary to international commitments.  I regret Turkey's decision in particular to approve a plan to release 90,000 prisoners that excluded relief for any of the thousands of political prisoners, including opposition politicians, civil society activists, employees of U.S. diplomatic missions, and many more. Which brings me back to the important work of Special Representative Kauma.  Civil society is not a luxury, it is essential.  If anything, it becomes even more important during an emergency when governments may legitimately exercise powers, but those powers may not be unlimited, unchecked, or unending.  A vibrant civil society plays a critical role in holding governments to account, particularly at times of great social stress.  Those human rights groups, the parent-teacher organizations, book clubs, or food banks— all enrich our societies. Colleagues, this pandemic has upended elections across the OSCE region.  According to the OSCE Parliamentary Assembly’s factsheet, forty OSCE participating States — including my own — have elections scheduled for this year. As we all rise to meet the challenge of conducting elections safely, we must maintain transparency regarding the entire electoral process, especially any changes to the timing of elections, methods of voting, or measures that impact campaigning.  The United States is already debating these issues in preparation for November. Even in a pandemic, international and domestic election observation remains vital.  We must find a solution to ensure that they are engaged and included even now. 

  • Chairman Hastings Marks International Roma Day, Notes Consequences of Systemic Racism Exposed by Pandemic

    WASHINGTON—To mark the occasion of International Roma Day on April 8, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “This year, we sadly must put aside many of the annual celebrations of Romani art, culture, music, and heritage that usually mark International Roma Day, and instead address the urgent concerns exposed by a global pandemic. “This health crisis has spotlighted many of the consequences of systemic racism long faced by Romani communities. Unequal access to care—or in some cases even basic sanitation and clean running water—puts not only Roma but also other socially excluded groups in great danger of infection. Now more than ever, governments must ensure that all members of society have permanent access to healthcare, functioning sanitation facilities, and clean water. “In addition, around the world—even in our own country—there are those who seek to use this crisis to fan the flames of bigotry. We must not tolerate or excuse such discrimination on the basis of fear. Stoking racism and xenophobia will not make us healthier or stronger. It will only divide and weaken us at a time when unity is most needed. “To successfully counter COVID-19, OSCE participating States must work with local community representatives to build trust, enhance the transparency of national initiatives, and bolster participation in critical public health efforts. Roma and other marginalized groups must not be forgotten. To quote from the OSCE Action Plan, ‘for Roma, with Roma.’” In the April 2020 episode of the Helsinki Commission’s “Helsinki on the Hill” podcast, Romani scholar and activist Dr. Margareta Matache discussed the state of Roma rights in Europe, as well as resolutions introduced by Helsinki Commission leaders to celebrate Romani American heritage.   In April 2019,  Chairman Hastings, Co-Chairman Sen. Roger Wicker (MS), Rep. Steve Watkins (KS-02), and Ranking Helsinki Commissioner Sen. Ben Cardin (MD) introduced resolutions in the U.S. House of Representatives (H.Res.292) and the U.S. Senate (S.Res.141) celebrating Romani American heritage.  In 2003, OSCE participating States adopted an “Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area.” These guidelines—recommendations for participating States and OSCE institutions—are intended to combat racism and discrimination; ensure equal access and opportunities in education, employment, housing, and health services; enhance Romani participation in public and political life; and address issues relating to Roma in conflict and post-conflict situations.

  • Reflecting on Chechnya

    By Mia Speier, Max Kampelman Fellow On December 11, 1994, Russian forces advanced into Chechnya, a republic in the North Caucasus near Georgia and Azerbaijan, to stop an attempt at secession. A Chechen separatist movement started to gain momentum following the collapse of the Soviet Union and the Russians refused to allow any chance at separation. This marked the start of the First Chechen War, a conflict that erupted after decades of hostilities between the former Soviet government and the Chechen forces. The war dragged on for nearly two years, destroying the capital city of Grozny and killing tens of thousands of people—mostly civilians. The conflict, which started as an internal national movement, was complicated by flows of foreign money and foreign fighters. Militant Islamists joined the fight against Russia during the latter half of the war as part of a declared global jihad. Officials in Russia feared a repetition of the violence that occurred during the Soviet war in Afghanistan nearly a decade prior. Though Russia withdrew from Chechnya for a short time after the first war, the Second Chechen War broke out in 1999. This second war began after Putin blamed Chechen secessionists for bombings that killed Russian civilians, although there was no evidence of Chechen involvement in the bombings. Russian forces were sent into the republic again, and the Russian government succeeded in putting Chechnya under its control. Since then, the region has been a republic of Russia and is governed by Putin-appointed president Ramzan Kadyrov. Amid the conflict, however, the international community took steps to confront Russian aggression and violence in the region. On March 13, 1997, the U.S. Helsinki Commission convened a hearing called “The Future of Chechnya,” to discuss the efforts of Chechen citizens to free themselves from Russia’s painful yoke and fight back against Moscow’s defiance of international principles and the rule of law. The Helsinki Commission hearing focused on the 1994 Organization for Security and Cooperation Budapest Document that requires all participating States, including Russia, to ensure that their armed forces are commanded in a way that is consistent with international law. At the time of the hearing, an estimated 30,000 to 80,000 people had died in the territory, and tens of thousands of citizens had been displaced. The violence against and displacement of citizens in Chechnya was a clear violation of the Budapest Document. Then-Chairman Rep. Alfonse M. D’Amato chaired the hearing and noted that though many people were paying attention to the ongoing conflict in Bosnia at the time, it was important to also pay attention to the conflict in Chechnya and, more specifically, to think about the role of the OSCE in the region. “The world watched, horrified, as the Russian military used massive firepower against the Chechen guerrillas,” D’Amato said. “While the international community recognizes the principles of territorial integrity, there can be no doubt that in its effort to keep the Chechens in the Russian Federation, the Russian Government violated recognized international principles.” Since 1997, the Helsinki Commission has held several other public events related to human rights abuses, arbitrary arrests, abductions, and disappearances and the plight of Chechen refugees. In 2003, the commission penned a letter to then-Secretary of State Colin Powell urging the U.S. delegation at the United Nations Commission on Human Rights in Geneva to express concern over reported rights violations in Chechnya. Though it has been nearly 30 years since the First Chechen War, the situation in Chechnya remains bleak. In 2017, Congress passed a bipartisan resolution condemning widespread anti-LGBT persecution and violence in Chechnya after it was revealed that state law enforcement officials beat, imprisoned, and murdered hundreds of men perceived to be gay or bisexual. In June 2018, then-Chairman (and current Co-Chairman) Sen. Roger Wicker and Sen. Benjamin Cardin penned a letter to Secretary of State Mike Pompeo urging the United State to invoke the OSCE’s Moscow Mechanism in response to escalating human rights abuses in Chechnya. The Moscow Mechanism allows for the establishment of a short-term fact-finding mission to address a specific human rights concern in the OSCE region. In November 2018, the 16 of the 57 OSCE participating States invoked the Moscow Mechanism to investigate the alleged disappearances, killings, and torture taking place in Chechnya—all of which were concerns raised at a Helsinki Commission hearing just months prior.  Though Russia failed to cooperate with the fact-finding mission, the resulting report concluded that the evidence clearly confirmed the allegations of very serious human rights violations and abuses in the Chechen Republic of the Russian Federation. Today, multiple reports of journalists and bloggers in Chechnya being beaten or murdered calls for even more concern for individual freedom and civil liberties in the region. In early February, Yelena Milashina, a prominent Russian journalist and lawyer who exposed the cruelty against gay Chechen men, was beaten in Grozny. Imran Aliev, an outspoken Chechen blogger who criticized President Ramzan Kadyrov, was found murdered in France earlier this year. Aliev’s death is one of many deaths and disappearances in recent years of Chechen dissidents throughout Europe, sparking heightened fears of Chechen death squads hunting down those seeking asylum outside of the republic.

  • Chairman Hastings Introduces LITE Act to Strengthen Ties with U.S. Allies, Support Visionary Leadership on Both Sides of the Atlantic

    WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) yesterday introduced the Leadership Institute for Transatlantic Engagement (LITE) Act (H.R.6239) to strengthen ties with U.S. allies, protect democratic institutions, and support visionary leadership on both sides of the Atlantic. “Numerous challenges are putting western democracies and the transatlantic partnership at risk, including disparities in wealth, health, employment, education, and justice that lead citizens to question whether democracy can deliver on its promise of freedom and opportunity for all,” said Chairman Hastings. “We must find new and better ways to help democratic leaders ensure that laws are equitable, transparent, and enforced; elections are free and fair; and the same protections, rights, and laws are extended to all in their constituencies.”  LITE would further codify transatlantic leadership exchanges and knowledge-building activities to equip western policymakers with legislative, communications, conflict resolution, and other leadership tools to strengthen democratic institutions in their societies as well as the transatlantic relationship.  Recognizing the rapid and ongoing demographic change on both sides of the Atlantic, LITE focuses on inclusive and intergenerational solutions to current challenges and would empower individuals across generations and from diverse backgrounds with the knowledge, tools, opportunity, and access to fully participate in their democracies. In addition, LITE would assist in community reunification by helping leaders develop strategies to build resilience against the exploitation of community grievances that can lead to dangerous divisions in society. For more than a decade, the Helsinki Commission has convened U.S. and European policymakers with the State Department and other partners under the banner of the Transatlantic Minority Political Leadership Conference and Transatlantic Inclusion Leaders Network to support increased political representation in western democracies.  In 2019, Helsinki Commission held hearings featuring European lawmakers, and focusing on global leadership, democracy, and public diplomacy.  In February 2020, the Helsinki Commission hosted more than 30 young legislators from OSCE participating States and partner countries to discuss the role of young people in peace and security efforts and forge a transatlantic network for political action to address emerging human rights and security challenges.

  • Chairman Hastings Introduces Bill to Promote Diversity and Inclusion in the Federal Workforce

    WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) yesterday introduced H.R.6240, a bill to establish a government-wide diversity and inclusion plan to ensure fair access and opportunity to federal jobs for all Americans.  “Estimates indicate that by 2050, more than half of the U.S. workforce will be made up of Americans from diverse populations,” said Chairman Hastings. “Effectively governing our nation will require that we fill federal jobs—whether they are in the military, intelligence, foreign service, health, or education sectors—with an equally diverse federal workforce who can meet the needs of our country.” The bill would require the development of a government-wide diversity and inclusion plan to ensure that all branches of the federal government are engaged in multi-year strategic planning to recruit, hire, promote, retain, and support workers representing America’s diverse talent pool. It also calls for a review of diversity in government contracting and grant-making. “Diversity and inclusion are the underpinnings of democratic societies,” said Chairman Hastings. “It is time to ensure that those from all segments of our society have an equal opportunity to contribute to the future of our nation as part of the vibrant workforce that is at the heart of our democracy.” The introduction of the bill follows the February 2020 GAO report highlighting problems in the State Department and legislative initiatives to increase diversity in the national security workforce.  Advancing societies that are safe, inclusive, and equitable is central to the work of the Helsinki Commission. The commission supports programs to address inequities in employment, political participation, and other sectors for women and minorities and strives to empower communities to unite against bias and discrimination to foster truly democratic, inclusive, and free societies.

  • Restrictions on Civil Society in Hungary

    Since returning to power in 2010, Viktor Orban has systematically dismantled a system of checks and balances, facilitating the consolidation of control by the Fidesz government, which is now in its fourth (third consecutive) term. This has included introducing significant changes to the legal framework for parliamentary elections; stripping hundreds of faiths of their state recognition in 2011 and then channeling money to religious groups that do not challenge government positions (increasing dependence of those groups on the state); overseeing the consolidation of most Hungarian media, first into the hands of government-tied oligarchy and then into a single foundation exempt from anti-trust regulation; and eroding judicial independence by, for example, expanding and packing the constitutional court. In light of restrictions imposed on political opposition, faith organizations, the media and the judiciary, the role of Hungarian civil society in holding the government to account (by, for example, suing the government for non-compliance with the Hungarian constitution or Hungary’s international legal commitments) has taken on heightened importance. At the same time, civil society organizations have become the targets of escalating rhetorical attacks and legislative restrictions, including laws that significantly lower the bar for what it takes to jail people who seek to exercise their freedoms of speech, assembly, and association. Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law and Daniela Ondraskova, Max Kampelman Fellow

  • Human Rights and Democracy

    For nearly three decades, the Organization for Security and Cooperation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) has been at the forefront of efforts to promote human rights and democracy throughout the 57-nation OSCE region. Although best known for international election observation, ODIHR has also been instrumental in countering various forms of intolerance, helping governments combat human trafficking, protecting human rights defenders, and implementing OSCE commitments to fundamental freedoms. The U.S. Helsinki Commission convened the hearing to demonstrate bipartisan support for ODIHR, to reinforce the U.S.’s support related OSCE initiatives, and to hear about the ongoing work of ODIHR.  Commission Ranking Member Rep. Joe Wilson (SC-02) chaired the hearing and was joined by Commissioners Rep. Robert Aderholt (AL-04), Rep. Steve Cohen (TN-09), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. Wilson’s opening remarks highlighted the historic achievements of ODIHR, which include assisting countries to “transition from communism to democracy,” supporting “civil society participation in OSCE events,” and facilitating “strong cooperation with the Parliamentary Assembly.”  In her first appearance before Congress, ODIHR Director Ambassador Ingibjörg Sólrún Gísladóttir addressed multiple challenges that have impeded the effectiveness of ODIHR activities. She then outlined ODIHR’s role in offering proactive solutions.  In particular, Ambassador Gísladóttir stressed the importance of dialogue and asserted that democracy is about “respect and trust, an acceptance of differing opinions, an exchange of views, and the willingness to share power and seek compromise.” She concluded on an optimistic note, emphasizing unity within the OSCE and its “commitment to democracy and to the wellbeing of its people.” Although conscious of ODIHR’s efforts, commissioners voiced concerns that some OSCE participating States are not complying with their commitments to uphold basic human rights standards. Commissioners specifically acknowledged restrictions on religious freedom in Russia, poor conditions for activists and journalists, and rising anti-Semitism and discrimination against the Roma people across the region. This hearing continued the Helsinki Commission practice of regularly engaging with senior OSCE officials.The Commission typically holds hearing with the foreign minister of the country holding the rotating chairmanship of the OSCE. The Commission has also held hearings with previous ODIHR directors as well as the OSCE Representative on Freedom of the Media.

  • Life Under Occupation

    Nearly six years into Russia’s illegal occupation of Crimea, the human rights situation there continues to deteriorate. Russian authorities have restricted freedom of speech and assembly, suppressed civil society activity, persecuted religious and ethnic minorities, muzzled dissent, and continue to implement an aggressive process of “Russification” toward residents of the peninsula.  The U.S. Helsinki Commission convened the hearing to explore Russia’s ongoing assault on Crimea’s vulnerable minorities, as well as its blatant disregard for human rights. As an occupying power, Russia bears the full weight of responsibility for the abuses being inflicted on the population of Crimea. Panelists discussed Russia’s repression of basic freedoms in Crimea and persecution of those who don’t recognize Russian authority. Commission Chairman Rep. Alcee L. Hastings (FL-20) chaired the hearing and was joined by Commission Co-Chairman Sen. Roger Wicker (MS) and commissioners Sen. Sheldon Whitehouse (RI), Rep. Robert Aderholt (AL-04), and Rep. Marc Veasey (TX-33). Chairman Hastings’ opening remarks addressed Russia’s attempts to stymie Ukraine’s relationship with the European community and the brutal tactics used throughout Crimea’s occupation. Hastings shed a light on the harsh reality of Russia’s continued occupation, which is “aimed at forcing a proud people into submission, whether they be civil society activists, community or religious leaders, artists, journalists, or simply those whose religion and ethnicity are viewed with distrust and fear.”   This hearing featured testimony from Oleg Sentsov, a Ukrainian writer and filmmaker who was sentenced to 20 years in jail by a Russian court on trumped-up charges of terrorism in 2014. In 2018, Sentsov became a worldwide symbol of defiance and courage when he launched a hunger strike on behalf of all Ukrainian political prisoners being held by Russia. He was released in September 2019. Tamila Tasheva, Deputy Permanent Representative of the President of Ukraine in the Autonomous Republic of Crimea, and Melinda Haring, Deputy Director of the Atlantic Council’s Eurasia Center, also served as witnesses. Sentsov addressed Russia’s “fabricated legal cases” and “long-term imprisonment” against those who simply think differently. He also testified about the various forms of torture he endured in a Russian prison. Sentsov voiced his appreciation for the United States’ continued efforts to counter Russian aggression in Ukraine and asked that Congress maintain pressure on the Putin regime. Tasheva focused her testimony on Russia’s persecution and internal displacement of “disloyal” groups, specifically the Crimean Tatars. Tasheva also called for the creation of an “international platform for negotiations on the return of the temporarily occupied Autonomous Republic of Crimea and the city of Sevastopol to sovereign Ukrainian jurisdiction.” Haring addressed the lack of free press in Crimea, asserting that “the media is controlled by the government.” She praised Radio Free Europe/Radio Liberty’s Crimea service, which tracks developments in Crimea and broadcasts them in three languages to the Crimean population. Haring also warned that the situation in Crimea is worsening, and that Russia has “effectively turned Crimea into a Russian military base.”  Throughout the hearing, commissioners expressed their concerns for freedom of religion, freedom of movement, and freedom of the press in Crimea. Commissioners also assured witnesses that support for President Zelensky and the fight for freedom in Ukraine is bipartisan and resolute.

  • Election Observation 101

    On January 22, 2020, Helsinki Commissioner Rep. Mark Veasey (TX-33) moderated a roundtable at the Texas A&M School of Law titled “Election Observation 101: Strengthening Democracies Old and New in the 21st Century.”  Rep. Veasey—who also is a co-chair of the Congressional Voting Rights Caucus and a former member of the Elections Committee in the Texas House of Representatives—and expert panelists discussed the importance of election observation missions across the OSCE region. Rep. Veasey was joined at the roundtable by veteran election observer Lindsay Lloyd, director of the human freedom initiative at the George W. Bush Institute; Amanda Schnetzer, chief operating officer of Pointe Bello; and Helsinki Commission Chief of Staff Alex T. Johnson.  Law school dean Robert Ahdieh offered a warm welcome and reflected on his fondest memories of the Helsinki Commission as a young man living in Moscow, Russia. Rep. Veasey then set the stage with the 30-year celebration of the 1990 Copenhagen Document which established the international standards for “free and fair elections”, while Mr. Lloyd explained the dynamics of how teams are assembled. Mr. Johnson further clarified the role of observers as strict watchers or objective examiners, and never interventionists, and Ms. Schnetzer shared how her experience observing elections in Tunisia forever shaped her passion for civic engagement and democratic values.  “[In 2011], the people of Tunisia were voting... To see the looks on the faces of women, grandparents coming to poles for the first time, casting a vote, and bringing a grandchild in tow, to say ‘I have waited all my life to do this’ was simply inspirational,” Ms. Schnetzer said. “I saw the stark comparison in the United States because few get excited on the first day they get to vote… I wish that we could find a way to positively spark that enthusiasm here [in the U.S.].” Looking ahead to the U.S. elections in November 2020, all panelists agreed that more could be done to inform the American public about foreign observers and the benefits of international election observation. Election observers from both the OSCE Office of Democratic Institutions and Human Rights and the OSCE Parliamentary Assembly are expected to be invited by the United States Government to observe the 2020 elections. The OSCE was first invited to observe U.S. elections by the Bush Administration in 2002 and has been invited to observe every midterm and general election since (2004, 2006, 2008, 2010, 2012, 2014, 2016, and 2018) by the administration in office. However, the decentralized nature of the U.S. electoral system means some states prohibit or greatly restrict foreign observers. A few states explicitly permit foreign observation, or at least a sufficiently public observation to include those from other countries.

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