Title

Human Rights, Democracy, and Integration in South Central Europe

Thursday, June 15, 2006
2226 Rayburn House Office Building
Washington, DC 20515
United States
Official Transcript: 
Members: 
Name: 
Hon. Sam Brownback
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Chris Smith
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Name: 
Hon. Ben Cardin
Title Text: 
Ranking Member
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. George Voinovich
Title Text: 
Congressmember
Body: 
United States Senate
Witnesses: 
Name: 
Hon. Rosemary A DiCarlo
Title: 
Deputy Assistant Secretary of State
Body: 
United States Department of State, Bureau of European and Eurasian Affairs
Name: 
Daniel Serwer
Title: 
Director of Peace and Stability Operations
Body: 
United States Institute of Peace
Name: 
Janusz Bugajski
Title: 
Director of the New European Democracies Project and Senior Fellow in the Europe Program
Body: 
Center for Strategic and International Studies
Name: 
Nicolae Gheorghe
Title: 
Senior Advisor, Office for Democratic Institutions and Human Rights
Body: 
Organization for Security and Cooperation in Europe
Name: 
Joseph K. Grieboski
Title: 
President and Founder
Body: 
Institute for Religion and Public Policy

The hearing, led by the Hon. Christopher H. Smith,  the Hon. Sam Brownback , and the Hon. Benjamin L. Cardin, focused primarily on the legal restrictions on religious activities and other attacks on religious freedom, lagging efforts to combat trafficking in persons, discrimination and violence against Roma, and the prevalence of official corruption and organized crime.

The efforts to encourage Bosnia-Herzegovina to move beyond the limitations imposed by the Dayton Peace Agreement will be discussed. Further, the plight of the displaced and minority communities of Kosovo, and the need for Serbia to cooperate fully with the International Criminal Tribunal will also be covered. 
 

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  • Chairman Hastings on Yom Kippur Shooting outside German Synagogue

    WASHINGTON—Following yesterday’s shooting outside of a synagogue in Halle, Germany, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “I am heartbroken to hear about the shooting near a synagogue in Germany where Jewish worshippers gathered to observe Yom Kippur. I stand in solidarity with the two innocent lives lost and the families and worshippers who were impacted by this senseless act of violence and hatred. As we commemorate the one-year anniversary of the Pittsburgh synagogue tragedy later this month, we must do more across borders to address these common challenges together.”

  • Safe and Dignified Return

    In July, nearly 300 parliamentarians from the 57 OSCE participating States met for the OSCE Parliamentary Assembly (PA) 2019 annual session in Luxembourg, where they addressed in a final declaration the wide range of issues of current concern to the organization. Of these issues, none received more attention than those relating to human rights and humanitarian questions; the relevant section of the declaration contained more than 180 paragraphs. Leading subjects of concern included the treatment of investigative journalists, manifestations of discrimination and intolerance in society, gender inequality, and efforts to stifle dissent. The text also focused heavily on migration, including the rights of refugees. During the consideration of a final text for adoption, Rep. Sheila Jackson Lee (TX-18), who has been active in representing the United States at OSCE PA meetings in recent years and serves on the OSCE PA’s Ad Hoc Committee on Migration, proposed an amendment underlining the importance of the right of safe return of refugees. Her amendment, co-sponsored by other members of Congress and by parliamentarians from Cyprus, Georgia, Ireland, Italy, and North Macedonia, made clear that returns should not only be safe, but also voluntary and dignified. The adopted text, included in the Luxembourg Declaration, reads as follows: “The OSCE Parliamentary Assembly underlines that the right of voluntary, safe and dignified return for refugees and internally displaced persons to their homes and properties must be guaranteed;” The concept of voluntary return is at the heart of binding international law on refugees. The 1951 Convention Relating to the Status of Refugees states, “No Contracting State shall expel or return (‘refouler’) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.” The convention originally was restricted to people who became refugees because of “events occurring in Europe before 1 January 1951.” The 1967 Protocol Relating to the Status of Refugees, which removed the convention’s time and geographic restrictions, maintains the binding “non-refoulement” obligation. There are only a few exceptions on “grounds of national security or public order” and only after “due process of law.” According to the Guiding Principles on Internal Displacement, presented in 1998 by the United Nations Secretary General’s Representative on Internally Displaced Persons, “Competent authorities have the primary duty and responsibility to establish conditions, as well as provide the means, which allow internally displaced persons to return voluntarily, in safety and with dignity, to their homes or places of habitual residence, or to resettle voluntarily in another part of the country.” The principles are not legally binding on governments, but they are the point of reference for how a government should respond to internally displaced persons.

  • INTRODUCTION OF THE TRANSNATIONAL REPRESSION ACCOUNTABILITY AND PREVENTION ACT OF 2019 (TRAP ACT)

    Mr. HASTINGS. Madam Speaker, as Chairman of the U.S. Helsinki Commission—a congressional watchdog for human rights and democracy in Europe and Eurasia—I am frequently reminded of the new opportunities that technology and globalization present for human rights defenders around the globe. For those struggling to defend their liberty and human dignity, our interconnected world brings with it the possibility of sharing information, coordinating action, and demonstrating solidarity across thousands of miles in fractions of a second. It means that truth is more capable of piercing the veil of enforced ignorance erected by the world’s most repressive states Technology also further empowers dissidents in exile to connect with, and influence the foot soldiers of freedom who march on in their homelands. But with these new openings for liberty come novel approaches to repression. Authoritarian and autocratic regimes are appropriating agile, 21st century technology to prop up sclerotic systems of brutality and corruption. Technological developments have provoked greater feelings of insecurity in these brittle regimes and propelled them to extend their repression far beyond their borders, sometimes reaching into the refuge of democratic societies where political opponents, independent journalists, and civil society activists operate in safety. Madam Speaker, I recently introduced bipartisan legislation to tackle these emerging challenges with my friend and Helsinki Commission Ranking Member, Representative JOE WILSON of South Carolina We are confident that this legislation, supported by the bicameral leadership of the Helsinki Commission and other leaders on human rights, will place the United States on course to lead the free world in holding the line against these modern manifestations of political persecution, or what some have called ‘‘transnational repression.’’ The Transnational Repression Accountability and Prevention Act—or TRAP Act—is designed to counter one key instrument in the autocrat’s 21st century toolkit politically-motivated abuse of the International Criminal Police Organization, more commonly known as INTERPOL. INTERPOL is a legitimate and potent tool for international law enforcement cooperation—one that the United States relies on heavily to bring criminals to justice and thwart threats to security around the globe. Sadly, autocrats have recognized the potential for repression in INTERPOL’s worldwide communications system that ties into the law enforcement agencies of its 194 member countries. The Helsinki Commission regularly receives credible reports from human rights defenders, journalists, political activists, and businesspeople who have fallen victim to the efforts of corrupt regimes to ensnare them using INTERPOL’s system of international requests for arrest and extradition, known as Red Notices and Diffusions. These are the modern-day ‘‘traps’’ addressed by the TRAP Act. Because of these notices, innocent individuals live in fear of traveling mternationally and have been detained, had their bank accounts closed, and, sometimes, been returned into the hands of the very regimes from which they escaped. Madam Speaker, our legislation opens three new fronts agamst the threat of INTERPOL abuse. First, it clearly states that it is the policy of the United States to use our influence in INTERPOL to advance specific reforms that increase transparency and accountability for those that abuse the system while helping the organization to live up to its stated obligations to uphold international human rights standards and resist politicization It further establishes that the United States will use its diplomatic clout to confront countries that abuse INTERPOL and work to ensure the freedom of movement and ability to engage in lawful commerce of victims of this abuse the world over. Second, the TRAP Act exerts oversight over the United States’ internal mechanisms to identify, challenge, and respond to instances of INTERPOL abuse. The bill requires the Departments of Justice, Homeland Security, and State—in coordination with other relevant agencies—to submit to Congress an assessment of the scope and seriousness of autocratic abuse of INTERPOL, an evaluation of the adequacy of the processes in place domestically and at INTERPOL to resist this abuse, and a plan for improving interagency coordination to confront this phenomenon. Third, and perhaps most importantly, the TRAP Act places strict limitations on how the United States Government can use INTERPOL notices in legal or administrative proceedings that could interfere with the freedom or immigration status of individuals in our country. We have been deeply concerned by reports that some authorities in this country have improperly cited INTERPOL notices from autocratic countries to detain individuals and place them in danger of being returned to the very countries from which they fled. The TRAP Act will make crystal clear that autocratic regimes cannot use INTERPOL notices to weaponize the U.S. judicial system against their political targets. Madam Speaker, these measures are critical to restricting the freedom that some autocratic regimes have enjoyed to harass, persecute, and detain their political opponents around the world. Authoritarian and autocratic states like China, Russia, Kazakhstan, Tajikistan, Turkey, Azerbaijan, and Venezuela must be called out by name and held to account for their repeated manipulation of legitimate law enforcement tools for petty political ends. Madam Speaker, I would also like to place the TRAP Act in the context of the other work that the U.S. Helsinki Commission has done to address the grave threat of transnational repression and malign influence by authoritarian regimes. The Countering Russian and Other Overseas Kleptocracy—or ‘‘CROOK’’ Act, the Kleptocrat Exposure Act, and the Rodchenkov Anti-Doping Act have all been the result of a focus by Commissioners and Commission staff on developing a bipartisan congressional response to the existential threat of global authoritarianism. We can no longer sit idly by, content that those who wish to do us harm are on the other side of the world. In this new age of autocracy, the threat is here—now—and it comes in the form of abusive Red Notices, dirty money, and bought-and-paid-for lawfare tactics The purpose of these tactics is to silence journalists and activists, hollow out the rule of law, and ensure that no one ever dare pursue this new class of transnational kleptocrats whose sole goal is the wholesale looting of the countries they claim to serve and the seamless transfer of those ill-gotten gains to our shores and those of our allies. 

  • 2019 Human Dimension Implementation Meeting

    From September 16 to September 27, OSCE participating States will meet in Warsaw, Poland, for the 2019 Human Dimension Implementation Meeting (HDIM), organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR).  As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress. During the 2019 meeting, three specifically selected topics will each be the focus of a full-day discussion: “safety of journalists,” “hate crimes,” and “Roma and Sinti.” These special topics are chosen to highlight key areas for improvement in the OSCE region and promote discussion of pressing issues. Human Dimension Implementation Meeting 2019 Since the HDIM was established in 1998, the OSCE participating States have a standing agreement to hold an annual two-week meeting to review the participating States’ compliance with the human dimension commitments they have previously adopted by consensus. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as refugee migration and human trafficking), and concerns relating to tolerance and nondiscrimination (such as countering anti-Semitism and racism). Each year, the HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma and Sinti. Unique about the HDIM is the inclusion and strong participation of non-governmental organizations. The United States has been a stout advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE structures allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. Members of the U.S. delegation to the 2019 HDIM include: Ambassador James S. Gilmore, U.S. Permanent Representative to the OSCE and Head of Delegation Christopher Robinson, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs Roger D. Carstens, Deputy Assistant Secretary, Bureau of Democracy, Human Rights, and Labor Elan S. Carr, Special Envoy to Monitor and Combat Anti-Semitism Alex T. Johnson, Chief of Staff, U.S. Helsinki Commission

  • Helsinki Commission Leaders Introduce Transnational Repression Accountability and Prevention (TRAP) Act

    WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Ranking Member Rep. Joe Wilson (SC-02) today introduced the Transnational Repression Accountability and Prevention (TRAP) Act (H.R. 4330) in the House of Representatives. Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) introduced the TRAP Act (S. 2483) in the Senate on Tuesday. The legislation addresses politically-motivated abuse of the International Criminal Police Organization (INTERPOL) by autocracies. “Today’s autocrats don’t simply try to silence journalists, activists, and other independent voices at home. They also hunt them down in their places of refuge abroad,” said Chairman Hastings. “Such repressive regimes even manipulate INTERPOL—a legitimate and potent tool for international law enforcement cooperation—to trap their targets using trumped-up requests for detention and extradition. The United States must act to prevent this flagrant abuse and protect those who fight for freedom, human rights, and the rule of law." “Instead of facing consequences for their serial abuse of INTERPOL, autocratic states like Russia and China have instead jockeyed for senior positions in the organization,” said Co-Chairman Wicker. “The United States and other democracies should impose real costs for this global assault on the rule of law. This legislation would ensure that the United States remains at the forefront of defending the vulnerable against the long arm of state repression.” “The Transnational Repression Accountability and Prevention Act continues the tradition of U.S. leadership in combating INTERPOL abuse, holding perpetrators accountable, and advancing necessary reforms within the U.S. Government and INTERPOL to respond to this threat,” said Rep. Wilson. “This legislation makes it clear that the United States stands on the side of freedom for those who defy repression, resist corruption, and defend human rights wherever they seek refuge and a voice.” “Autocratic regimes are increasingly exporting their repression overseas, including to our own country. The United States must respond more forcefully to these attacks against the rule of law and deter the serial abuse of INTERPOL by repressive governments,” said Sen. Cardin. “This legislation is critical to establishing stronger protections for dissidents and other independent voices whom these regimes wish to apprehend in the United States on politically motivated charges.” The Helsinki Commission regularly receives credible reports from political dissidents, human rights defenders, and members of the business community who are the subject of politically-motivated INTERPOL Notices and Diffusions requested by autocratic regimes. These mechanisms, which function effectively as extradition requests, can be based on trumped-up criminal charges and used to detain, harass, or otherwise persecute individuals for their activism or refusal to acquiesce to corrupt schemes. Following reports that U.S. immigration authorities have cited such politically-motivated INTERPOL requests to detain some individuals and consider removing them from the United States, the TRAP Act formally codifies strict limitations on how INTERPOL requests can be used by U.S. authorities. The TRAP Act further declares that it is the policy of the United States to pursue specific reforms within INTERPOL and use its diplomatic clout internationally to protect the rights of victims and denounce abusers. The bill requires the Departments of Justice, Homeland Security, and State, in consultation with other relevant agencies, to provide Congress with an assessment of autocratic abuse of INTERPOL, what the United States is doing to counteract it, and how to adapt United States policy to this evolving autocratic practice. The State Department would also be required to publicly report on the abuse of INTERPOL in its annual Country Reports on Human Rights to create a transparent, public record of these violations of the rule of law. Russia is among the world’s most prolific abusers of INTERPOL’s Notice and Diffusion mechanisms. Other participating States of the Organization for Security and Cooperation in Europe (OSCE)—principally Azerbaijan, Kazakhstan, Tajikistan, and Turkey—and other authoritarian states, such as China, also reportedly target political opponents with INTERPOL requests that violate key provisions of INTERPOL’s Constitution, which obligate the organization to uphold international human rights standards and strictly avoid involvement in politically-motivated charges. Original co-sponsors of the legislation include Helsinki Commission members Sen. Marco Rubio (FL), Sen. Cory Gardner (CO), Sen. Sheldon Whitehouse (RI), Rep. Steve Cohen (TN-09), Rep. Brian Fitzpatrick (PA-01), Rep. Richard Hudson (NC-08), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. John Curtis (UT-03), Rep. Sheila Jackson Lee (TX-18), and Rep. Tom Malinowski (NJ-07) are also original co-sponsors.

  • The State of Diversity and Inclusion in Europe

    The U.S. Helsinki Commission convened the hearing, “The State of Diversity and Inclusion in Europe: Race, Rights, and Politics” one week ahead of the OSCE’s annual Human Dimension Implementation Meeting (HDIM), which included a focus on hate crimes and Roma populations, and the European Union’s first ever Anti-Racism and Diversity Week held in the European Parliament.    Helsinki Commissioner Representative Gwen Moore (WI-04) chaired the hearing and was joined by Helsinki Commissioners: Chairman Alcee L. Hastings (FL-20), Rep. Steve Cohen (TN-09), Rep. Emanuel Cleaver, II (MO-05), and Rep. Marc Veasey (TX-33).  Against the backdrop of recent European elections that included numerous xenophobic political parties, Chairman Hastings highlighted the importance of the hearing given the rise in prejudice and xenophobic violence in both Europe and in the United States including from far-right extremists.  Rep. Moore reiterated the necessity of the hearing given “numerous reports from Europe of hate crimes and acts of extremism, racial profiling in cities and at borders, and discrimination at work and in the schools, with the OSCE reporting close to 6,000 hate crimes in the region over the last year, and a recent European parliamentary study concluding that people from ethnic or racial minorities in the EU experience higher risks of economic hardship, poorer-quality housing, residential segregation, unemployment, and assault.”  She also raised concerns regarding Americans being impacted by disparate treatment and related violence in Europe, following reports thatU.S. military personnel and diplomats serving in Europe, students studying abroad, and tourists have been the targets of discrimination, including hate crimes. Panel 1 The first panel consisted of Members of the European Parliament who lead the Anti-Racism and Diversity Intergroup: MEP Romeo Franz (Germany), MEP Dr. Pierrette Herzberger-Fofana (Germany), MEP Evin Incir (Sweden), MEP Samira Rafaela (Netherlands), and Coordinator Alfiaz Vaiya of the Intergroup.  MEP Dr. Herzberger-Fofana described how Afro-German victims are often excluded from the discourse on Nazis and the Holocaust, and the need for recognition and restitution, stating, “We owe more to our ancestors than to allow their memories and sacrifices to be erased from the common conscious.”   MEP Franz stated that despite the adoption of anti-discrimination legislation by all EU states, 80 percent of the Roma community lives below their respective country’s poverty line due to anti-gypsyism and institutionalized racism. “Europe was based on that fundamental belief that all people are born equal, regardless the color of the skin, religion, or ethnicity. And that is what must be defended and promoted by its leaders,” said MEP Franz. MEP Incir called for those who believe in equal, democratic societies to stand together to counter global nationalist movements being led by right-wing extremist organizations, while MEP Rafaela discussed the importance of representative politics in preserving democracies and the need to address current tensions in the transatlantic relationship. Mr. Vaiya concluded the first panel, stating, “In a majority of the 28 [EU] member states, we see far-right political parties in government [and] working with the current U.S. administration and other far-right political parties and leaders across the world.”  Mr. Vaiya went on to say, “Jewish people, whether it’s Muslims, whether it’s LGBTI people, whether it’s people who are Roma or black […] The shared threat is the same.  It’s the populism, it’s the racism, it’s the fascism.  It may be specific to each individual community, but we have to understand that threat is together.” Panel 2 The second panel consisted of Councilor Irene Appiah (Hamburg, Germany), Vice-Chair Domenica Ghidei Biidu (Netherlands) of the European Commission Against Racism and Intolerance (ECRI), and MPs Olivier Serva and Daniele Obono (France). Vice-Chair Biidu recognized the U.S. as a partner and peer in combating racism and intolerance and urged the U.S. to engage in counter-populistic rhetoric and hate speech, foster constructive and peaceful relationships with Muslim countries and between Muslim countries and Israel, assist in the fight against anti-Semitism, safeguard irregular migrants, and seek observer status in the plenary meeting of ECRI.  Remarking on the vibrant Afro-descent population in Germany, Councilor Appiah called for Germany and other countries to provide statistical data on minorities and the African diaspora to assist in the fight against racism.  In discussing French diversity resulting from colonialism and African enslavement, MP Obono highlighted the need for statistics on race to address continuing racial disparities.  In addressing continuing disparities between French territories in the Caribbean and France, MP Serva called for teaching of the history of slavery in the French overseas territories, increasing minorities in French media, equality data, and addressing brain drain in the territories.  Other points discussed included complacency from both left and right parties in protecting western democracies, Russian exploitation of societal divisions, including utilizing racial prejudice, to disrupt democracy, and the need to strengthen efforts to address online hate while protecting free speech.  

  • Helsinki Commission Hearing to Probe Autocratic Abuse of Interpol

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: TOOLS OF TRANSNATIONAL REPRESSION How Autocrats Punish Dissent Overseas Thursday, September 12, 2019 10:00 a.m. – 12:00 p.m. Cannon House Office Building Room 210 Live Webcast: www.youtube.com/HelsinkiCommission As modern technology has allowed political dissidents and human rights defenders to operate from almost anywhere on the planet, repressive regimes have searched for opportunities to reach those who threaten their rule from afar.  To silence dissent from abroad, autocrats often turn to the International Criminal Police Organization, known as INTERPOL, to file bogus criminal claims seeking the arrest and extradition of their political targets. This abuse of INTERPOL Red Notices and Diffusions enables autocratic governments to harass and intimidate their opponents thousands of miles away, even within free and democratic societies. The U.S. Helsinki Commission will convene an expert panel to highlight how autocrats today use INTERPOL and other means such as surveillance, abduction, and assassination to punish dissent overseas. Witnesses will suggest how the United States and other democratic nations can defend against these threats to the rule of law domestically and internationally. The following witnesses are scheduled to participate: Alexander Cooley, Director, Columbia University's Harriman Institute for the Study of Russia, Eurasia and Eastern Europe; Claire Tow Professor of Political Science, Barnard College Sandra A. Grossman, Partner, Grossman Young & Hammond, Immigration Law, LLC Bruno Min, Senior Legal and Policy Advisor, Fair Trials Nate Schenkkan, Director for Special Research, Freedom House Additional witnesses may be added.

  • European Political Leaders to Discuss Diversity and Inclusion in Europe at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: THE STATE OF DIVERSITY AND INCLUSION IN EUROPE Race, Rights, and Politics Wednesday, September 11, 2019 10:00 a.m. – 12:00 p.m. Cannon House Office Building Room 210 Live Webcast: www.youtube.com/HelsinkiCommission Against the backdrop of recent European elections, European political leaders will discuss the state of their democracies and recent efforts to address issues of diversity and inclusion amidst rising prejudice and xenophobic violence, including from far-right extremist groups.  The hearing will also examine the impact of anti-discrimination policies and diversity initiatives aimed at ensuring and protecting equal rights as European countries attempt to balance the economic needs of immigration and other benefits of diverse populations with continuing national identity and security concerns. The following speakers are scheduled to participate: Councilor Irene Appiah (Hamburg, Germany) Vice-Chair Domenica Ghidei Biidu, European Commission against Racism and Intolerance (Netherlands) MEP Romeo Franz (Germany) MEP Pierrette Herzberger-Fofana (Germany) MEP Evin Incir (Sweden) MP Danièle Obono (France) MEP Samira Rafaela (Netherlands)

  • House Majority Leader, Helsinki Commissioners Decry Efforts to Shutter Community Center in Hungary

    WASHINGTON—Following renewed efforts by authorities in Hungary to shutter the Aurora Community Center in Budapest, House Majority Leader Rep. Steny H. Hoyer (MD-05), Helsinki Commission Ranking Member Sen. Ben Cardin (MD), and Helsinki Commissioner Rep. Gwen Moore (WI-04) issued the following statements: “During my visit to Budapest earlier this summer, I saw firsthand the important resources Aurora provides to the community,” said Majority Leader Hoyer. “The latest attempt by Hungarian authorities to shut down Aurora speaks volumes about the country’s shrinking space for civil society. On the thinnest of pretexts, the rule of law in Hungary is being hijacked to serve one party's political interests.” “Aurora nurtures a vibrant community of civil society groups and has become a symbol of independent organizations in Hungary,” said Sen. Cardin, who also serves as the OSCE Parliamentary Assembly (PA) Special Representative on Anti-Semitism, Racism, and Intolerance. “Unfortunately, such activism is viewed as a threat by those in power, who—through constant legal harassment—are attempting to permanently close Aurora’s doors. Aurora and organizations like it should be protected, not targeted.” “In a time when those who spew hate and divisiveness seem to be ascendant, initiatives like Aurora that build inclusive societies and strengthen democracy are needed more than ever,” said Rep. Moore. “I was honored to visit the center and meet with its president, Adam Schonberger, with my colleagues earlier this year.” Majority Leader Hoyer, Sen. Cardin, and Rep. Moore visited the Aurora Community Center in Budapest in July, en route to the 2019 OSCE PA Annual Session in Luxembourg. Marom, a Hungarian Jewish association, established and runs Aurora Community Center, an umbrella organization that provides office space to other small civil society groups in Budapest, including the Roma Press Center, migrant aid, and Pride Parade organizers. Over the past two years, Hungarian authorities repeatedly have accused Marom of administrative violations ranging from mismatched dates on official documents to, most recently, lacking an appropriate agreement with the center’s landlord. Under the Orbán government, the conditions for independent nongovernmental organizations (NGOs) in Hungary have deteriorated. In 2014, armed police carried out raids on 13 civil society organizations, seizing computers and documents for alleged financial misconduct. No charges were ever brought against the NGOs.  In 2017, Hungary adopted a Russian-style "foreign agent" law which, according to the U.S. Department of State, “unfairly burdens a targeted group of Hungarian civil society organizations, many of which focus on fighting corruption and protecting human rights and civil liberties.” In 2018, Hungary passed a law establishing a 25 percent tax on organizations which engage in “propaganda activity that portrays immigration in a positive light.” It is a tax on government-disfavored speech.  Hungary also adopted amendments to its "law on aiding illegal migration" that makes handing out know-your-rights leaflets punishable by up to one year in prison.  Hungary will hold municipal elections on October 13.

  • A Push to Let the U.S. Charge Foreign Officials With Bribery

    One of the hallmarks of the Foreign Corrupt Practices Act has been that it cannot be used against a foreign official who demands or takes a bribe for helping a company win a contract or retain business. A bill introduced in Congress this month seeks to change that. Called the Foreign Extortion Prevention Act, the legislation would expand the prohibition on bribery to foreign officials who demanded or solicited bribes. The Foreign Corrupt Practices Act’s prohibition on paying bribes abroad is limited to companies in the United States and those acting in this country. It has always excluded the foreign official who takes the bribe, and courts over the years have reaffirmed that. In United States v. Castle, a 1991 decision, the United States Court of Appeals for the Fifth Circuit found that two Canadian officials could not be prosecuted for a conspiracy to violate the F.C.P.A. because Congress exempted foreign officials. In United States v. Hoskins, a 2018 ruling, the federal appeals court in Manhattan held that a foreign national who was never in the United States could not be prosecuted under the foreign bribery law because “Congress did not intend for persons outside of the statute’s carefully delimited categories to be subject to conspiracy or complicity liability.” The bill, which has both Democrats and Republicans as sponsors, would put the prohibition on a foreign official’s accepting a bribe under the federal anti-bribery statute, 18 U.S.C. § 201, rather than the Foreign Corrupt Practices Act. The proposal would also make it a crime for a foreign official “otherwise than as provided by law for the proper discharge of official duty” to demand or accept anything of value for being influenced in the performance of official responsibilities. But putting the prohibition under the federal anti-bribery statute would subject it to the limitations the Supreme Court placed on the law in its 2016 ruling in McDonnell v. United States. That case overturned the conviction of a former governor of Virginia by rejecting a broad reading of what is an “official act.” The justices explained that it must involve “a formal exercise of governmental power that is similar in nature to a lawsuit, administrative determination or hearing.” They found that “merely setting up a meeting, hosting an event or contacting an official — without more — does not count as an ‘official act.’” Favoring a business by arranging meetings or contacting other foreign officials to help it win a contract may not rise to the level of an “official act,” especially if the foreign official who received the bribe did not have the direct authority to decide who should be awarded a contract. So the potential limitations on the federal bribery statute could be read into prosecutions of foreign officials for accepting bribes that violated the F.C.P.A. The F.C.P.A. also contains two defenses that were added in 1988. One is the “local law” defense, which allows a defendant to show that under the written laws and regulations of the place where the bribe occurred that it was not illegal. Another defense permits small “facilitation payments” to obtain routine government action in the country. In both situations, a foreign official could argue that these defenses should preclude liability for accepting a payment. A greater potential issue for the Justice Department if the legislation becomes law is whether a foreign official will be brought to the United States to face a criminal charge. If the person is still in office, a foreign government may be reluctant to send the person to America. But a criminal indictment would most likely limit where the foreign official could travel. The person would need to avoid countries that have an extradition treaty with the United States. The Department of Justice has not been without tools to punish foreign officials who engage in bribery. The money-laundering statute allows a foreign official receiving money through bribery, misappropriation or theft of public funds to be charged with a crime. Federal prosecutors could also use the Travel Act, which prohibits traveling into the United States to engage in bribery. Both statutes, though, require either travel to the United States or a financial transaction using the United States financial system. The new legislation would make it much easier to pursue a foreign official. The Justice Department would not have to show a connection to the United States beyond a payment by an American company. Whether it would result in an increase in prosecutions is a different question. Still, simply charging the official could have the effect of identifying who was responsible in a country for accepting illegal bribes. That should make it easier for American companies and their employees to demand fairness from foreign officials rather than being extorted for payments.

  • Representatives Jackson Lee, Curtis, Malinowski, and Hudson Introduce Foreign Extortion Prevention Act

    WASHINGTON—Rep. Sheila Jackson Lee (TX-18), Rep. John Curtis (UT-03), Rep. Tom Malinowski (NJ-07) and Rep. Richard Hudson (NC-08) today introduced the Foreign Extortion Prevention Act. The legislation, developed with the support of the U.S. Helsinki Commission, will criminalize extortion by foreign officials, enabling the Department of Justice to indict such officials for demanding bribes to fulfill, neglect, or violate their official duties. Currently, only paying or offering a bribe abroad is illegal under U.S. law. “Transnational kleptocrats pose a serious national security threat to the United States. They act as agents of U.S. adversaries, undermining the rule of law internationally and in their own countries, and accessing elite circles and levers of power in democracies through strategic graft and corruption. U.S. prosecutors have been able to indict such individuals under criminal statutes such as wire fraud, mail fraud, and the Travel Act; however, these laws were not designed to tackle the problem of transnational kleptocracy, and each contain deficiencies which make it less than ideal for prosecuting foreign extortion. We cannot leave our prosecutors without the legal tools they need to protect the rule of law,” said Rep. Jackson Lee. “U.S. businesses abroad are regularly targeted by foreign extortionists. Transnational kleptocrats hide under the veneer of officialdom and abuse their power to warp the regulatory environment, attempting to co-opt or eliminate legitimate job-creators and entrepreneurs who follow the rules. The Foreign Extortion Prevention Act would protect U.S. businesses from these individuals by punishing the demand side of bribery. Currently, a business being extorted for a bribe can only say ‘I can’t pay you a bribe because it is illegal and I might get arrested.’ This long-overdue bill would enable them to add, ‘and so will you,’” said Rep. Curtis. “Americans who pay bribes overseas can be prosecuted—with this bill, our prosecutors will be able to go after the foreign officials who demand those bribes. We’re giving the Justice Department a powerful new tool to fight the kleptocracy that impoverishes people and empowers dictators around the world,” said Rep. Malinowski. “Pursuing the extortionists is crucial to ending the entire system of international bribery. Even if a kleptocrat cannot be immediately extradited, a U.S. indictment serves as a play-by-play of the crime committed that can be used to support additional measures—such as sanctions—and can force transnational criminals to think twice before traveling abroad to spend their ill-gotten gains. Moreover, a U.S. indictment can help the forces of the rule of law in other countries to root out corruption by pressuring the domestic government in question to charge the individual,” said Rep. Hudson. The Foreign Extortion Prevention Act will bring U.S. laws in line with international best practices. The Organization for Economic Cooperation and Development (OECD), which maintains the OECD Anti-Bribery Convention—a key international mechanism for fighting foreign bribery—has recognized the importance of criminalizing transnational extortion in a recent report. In addition, countries including the United Kingdom, France, the Netherlands, and Switzerland have already criminalized foreign extortion. The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, endeavors to counter corruption and malign influence in all its forms. Current and former Helsinki Commissioners have sponsored and cosponsored other anti-corruption legislation such as the Countering Russian and Other Overseas Kleptocracy (CROOK) Act (H.R. 3843), the Kleptocrat Exposure Act (H.R. 3441), and the Rodchenkov Anti-Doping Act (H.R. 835/S.259).

  • Hastings and Wicker Condemn Police Crackdown on Russian Pro-Democracy Protesters and Opposition Leader Alexei Navalny

    WASHINGTON—Following violent police crackdowns on protesters during a weekend of pro-democratic demonstrations in Moscow, as well as the arrest of Russian opposition leader Alexei Navalny days before the protest and his subsequent hospitalization, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “We condemn the extraordinary use of force by riot police against peaceful protesters in Moscow seeking a free and fair electoral process. Ahead of the upcoming September 8 municipal elections, we hope that the citizens of Russia will be able to exercise their rights to participate freely in the democratic process, including voicing their opinion about the transparency of the system of voting and nomination of candidates. “We also are concerned about the health of opposition leader Alexei Navalny, who was arrested on Wednesday, July 24, and subsequently hospitalized following an unknown ‘allergic reaction.’ We will be monitoring the situation closely.” Last weekend, thousands of Russian people took to the streets of Moscow to protest the exclusion of several opposition candidates from the ballot for upcoming City Duma municipal elections on September 8. On July 24, Russian opposition leader Alexei Navalny was arrested, reportedly for his plans to lead the protests. On Sunday, July 28, Navalny’s spokeswoman Kira Yarmysh announced that Navalny suddenly had been hospitalized while in government custody.

  • FIRST PERSON: UKRAINIAN PARLIAMENTARY ELECTIONS

    By Alex Tiersky, Senior Policy Advisor, Global Security and Political-Military Affairs   “Why aren’t you doing your job?!” An unexpectedly tense early morning on July 21, 2019—Election Day in Ukraine: the polling station was more than 30 minutes late in opening. The shouted reprimand came from a voter, an older man who was one of several Kyiv residents who had been present and seeking to vote at this school in the center of the Ukrainian capital since well before 8:00 a.m., when the polls for the national parliamentary elections were supposed to open. His indignation was directed at the beleaguered leadership of the local polling station, who struggled to organize their work and follow the extensive procedures required to meet Ukrainian law and international best practices. *** As an official election observer representing the OSCE Parliamentary Assembly, I was at the polling station to observe the extent to which those best practices were followed. With my capable interpreter Natalya beside me, and in partnership with my experienced observation team partner Latvian MP Aleksandrs Kiršteins, I had arrived days earlier on the invitation of the Ukrainian government for a series of preparatory briefings. On Election Day, we would follow a prescribed plan of observation as part of a larger team of more than 800 international observers spread across Ukraine (with the exception of illegally occupied Crimea, and the Donbas region under the occupation of Russian-controlled forces, where holding a free and fair election would be impossible). *** The disorganized polling station was the first stop of the day for our team. While this was my first time serving as an election observer, I didn’t need the extensive and detailed procedural checklist and questionnaire provided by the OSCE to know that something was seriously amiss. My Latvian colleague confirmed, based on his extensive observation experience, that the situation was extremely unusual. The key problem seemed to be that the leadership of the team responsible for proper running of the polling station (the chair and the secretary, among others), recently had been replaced and the newcomers had little experience with their assigned duties. It was clear that they had done precious little preparation to be able to effectively direct the work of their team on Election Day. We had been warned during the extensive pre-election briefings provided by the OSCE that many local election officials across Ukraine had been replaced. The experts were concerned that this loss of institutional memory had the potential to hamper the operations of local electoral bodies—a warning that, in our case, proved prescient. At 8:45 a.m., a full 45 minutes after its scheduled opening time and to the relief of several increasingly agitated voters and local observers, the polling station finally began to process votes. Judging that tensions at the school building had de-escalated and the situation had achieved some normalcy, we dutifully finalized our observation—promptly reporting our findings to the OSCE election experts compiling statistics from other teams deployed across the country—and moved on to observe voting procedures at several other polling stations. Before leaving, given the challenges at the polling station, we resolved to return in the evening to observe closing procedures and the counting of the vote. *** We spent much of the rest of the day visiting several polling stations in the west of Kyiv. Contrary to our first observation, all the other polling stations we visited were extremely well-organized, with experienced and well-functioning teams of officials ensuring an orderly and transparent voting process. The civic pride demonstrated by the election officials and voters in properly exercising their democratic choice was evident in each location we visited. We witnessed voters of all ages casting their ballots in serene conditions, which we learned from other observation teams was largely the norm across Ukraine that day. *** As the afternoon turned to evening, it was time to return to our initial polling station to assess closing procedures and the start of the counting of ballots. With the station closing as planned at 8 p.m. on the dot, we were quietly hopeful that the morning’s problems had been resolved. Our optimism quickly proved misguided. The election officials were even more poorly directed by their leadership than they had been in the early hours of the day. After two hours of inconclusive progress toward beginning a count of actual ballots, the procedures ground to a halt in a cloud of remonstrations among several hard-working poll workers and local observers on one hand, and the polling station’s leadership on the other. In what I understood to be an extremely unusual development, the majority of the poll workers essentially sidelined their grievously underperforming leadership on the spot in order to better organize themselves. At this point, we needed to return to our home base to report on our observation, leaving behind several other international and local observers to witness what surely would be a long and challenging night of tabulation of ballots. *** As we returned to the hotel, I reflected on the day’s remarkable events. It struck me how counterintuitive some might find it that we had been allowed to witness the poor performance by the leadership of this particular polling station. After all, who wants to air their dirty laundry in front of international observers taking careful note of every discrepancy? It was then, for the first time, that I truly understood the key purpose of our election observation mission. OSCE participating States like Ukraine make the choice to invite international observation missions to their elections precisely because only in providing full transparency can a fair judgment on the electoral process be made. In other words, our observation and reporting of the procedural imperfections we witnessed only underlined the relatively excellent performance witnessed by observation teams in the vast majority of other polling stations across Ukraine. Only through the full transparency provided by impartial external observers using a standardized methodology can the people of Ukraine be sure that their electoral process, to the maximum extent possible, allows for the full and fair expression of their democratic choice. I feel honored to have been able to play even a very small part in this extremely consequential democratic process, and to help an OSCE participating State hold itself accountable to its commitment to the rule of law. I am already looking forward to the next opportunity to serve as an election observer.

  • Truth, Reconciliation, and Healing

      Today, many countries seek to address historic wrongs, heal wounds, bridge divisions, and build a shared future. Truth and reconciliation efforts to encourage restitution, reparations, and restorative justice have been called for in many places, including the United States, Western Europe, Canada, and the Balkans, while Holocaust survivors and other victims of Nazi persecution continue to seek justice worldwide. In June, Amsterdam city councilors voted to apologize for the city’s role in the transatlantic slave trade. In April, Belgium’s Prime Minister Charles Michel apologized for the kidnapping of thousands of children born to mixed-race couples during its colonial rule in several African countries.  In 2015, Sweden published a historic white paper on abuses and rights violations against Roma in the 20th century.  A decade ago, Canada established a reconciliation process in response to the Indian Residential School legacy, which forced First Nation children to attend government-funded boarding schools. On July 18th, 2019, the U.S. Helsinki Commission held a briefing entitled, “Truth, Reconciliation and Healing: Towards a Unified Future,” where expert panelists reviewed lessons learned and discussed ways to heal and reunify societies divided by war, genocide, hierarchal systems of human value, and other tragedies stemming from extreme nationalism, racism, anti-Semitism, and other forms of ethnic and religious discrimination. Speakers addressed official government apologies, truth and reconciliation processes, restitution, reparations, and other policy prescriptions that have been used or are currently being considered to address historic wrongs and unify citizens in countries across Europe and North America. According to Dr. Gail C. Christopher, “this country was built over two and a half centuries with the deeply embedded fallacy of a hierarchy of human value, that some human beings just simply don’t have value.” She continued, “racism, anti-Semitism, religious bias, extremism, xenophobia – they all have their root in this fundamental fallacy of a hierarchy of human value. […] Our country has a history of enslaving people, committing genocide among Indigenous people, and embracing centuries of institutionalized racism [additionally] inequities caused by racism [are] costing our nation almost $2 trillion annually in lost purchasing power, reduced job opportunities, and diminished productivity.”  She went on to note that unlike other countries that have endured war, sectarian or racial strife, the United States has never undertaken a comprehensive Truth and Reconciliation Commission (TRC) or other process, undergirding the antiquated belief in a hierarchical separation of races.  To address this problem, she discussed her efforts to adapt a truth and reconciliation process across America based upon “truth, racial healing, and transformation.”    Ambassador Stuart Eizenstat discussed his work over three U.S. administrations to provide belated justice for victims of the Holocaust and other victims of Nazi tyranny during World War II, as a Special Representative of the President and Secretary of State on Holocaust-era issues. “I’ve negotiated $17 billion in recoveries for Holocaust survivors who suffered under the Nazis.  Eight billion as a U.S. government representative under Clinton and Obama administrations and $9 billion as the chief negotiator for the Jewish claims conference in our annual negotiations with Germany,” he stated.  The payments covered everything from forced enslaved labor, unpaid insurance policies, to looted works of art including for non-Jews in some cases.  His other efforts included a presidential commission on the Holocaust led by Eli Wiesel that led to the creation of the U.S. Holocaust Memorial Museum and $5 billion for a German remembrance foundation. He also described how Jewish refugees were refused entry into some countries, or their assets confiscated and then used to finance Nazi war efforts.  Citing the Justice for Uncompensated Holocaust Survivors (JUST) Act, he called for Congress to hold hearings on findings from a report to be released in November 2019 on whether countries have met their commitments under the Terezin Declaration. Former Flemish Christian and Democratic Party (CD&V) Councilwoman Tracy Tansia Bibo spoke in her video testimony about recent efforts to address the horrors of Belgian colonialism from the period of Leopold II through the 1960s where people's hands were cut off when they did not reach their rubber quota, communities and villages burned in response to uprisings and women were raped.  As one of the authors of Belgian legislation that led to an apology from the Prime Minister, Councilwoman Bibo described efforts to provide reparations and other means of redress for the kidnapping and forced adoption of close to 20,000 children from former Belgian colonies in Burundi, Congo, and Rwanda.  She noted that in addition to the apology, archives had been opened and travel assistance provided to support families in finding one another.  With the work of the Belgian government on hold since the last elections, she highlighted continuing efforts towards reconciliation and healing for Belgium and its former colony, including open societal dialogue; recognition of colonization and its modern day-effects; education and knowledge about colonization and racism; and reparations to address social and economic inequities stemming from institutional racism and colonization. “It's hard to talk about reparations,” she said. “Reparations is about fighting racial inequalities created by political systems that in the past were maintained by a privileged group. Hearings to determine exactly what this recovery means are therefore necessary… What if we finance programmes that, for example, aim to provide better health care for the black population who, according to studies, are more affected by certain diseases? What if we eliminate inequality in education by means of targeted programmes? Reparations is about more than handing out cheques to the black population. It is about eliminating inequalities.” Dutch Councilman and ChristienUnie Party Leader Don Ceder shared a European perspective on truth and reconciliation efforts, following his role in passing June 2019 legislation calling for a formal apology for the city of Amsterdam’s role in enslaving close to 600,000 Africans in the colonies and the Netherlands being the largest slave trader between West African and South America in the 17th century.  The apology is scheduled to take place July 1, 2020 on the Dutch day of remembering the abolition of slavery also known as Keti Koti - a Surinamese term that means “the chains are broken.”  According to Ceder, the effort was a result of seven political parties coming together because, “we see that a formal apology for the shared past is a mature step to a consolidated shared future in Amsterdam [in part because] though slavery has been abolished since 1863 in the Netherlands, the traces remain visible everywhere around the city today.”  Amsterdam will join cities such as Liverpool and Charleston and countries such as Benin and Ghana in issuing formal apologies for their participation in racial oppression, in addition to the European Parliament calling for all Member states to apologize for their roles.  Ceder recognized that a new narrative may be needed to redefine Amsterdam with the understanding that withholding truth only creates an obstacle to a unified future.    Dr. Diane Orentlicher cited numerous lessons learned from her work in Bosnia-Herzegovina. “Experience in many countries has shown that, unless they are adequately addressed, historic wrongs leave deep wounds, whose toxic legacy afflicts not only victims but whole societies.  […] Social divisions rooted in wrongs and oppression will not be fixed without an honest reckoning, including a robust acknowledgement and condemnation of the original wrongs and a determination to address their toxic legacies.”  Listing “denial” and “silence” as some of the main barriers to societies recovering from tragedy, she stated, “I do not believe Bosnia can become unified in any meaningful sense until public officials and other elites, as well as ordinary citizens, acknowledge the full extent of atrocities committed by members of their in-group and unequivocally condemn their crimes.“  Acknowledging that addressing historic wrongs can be painful, she noted the importance of honesty, bringing people together, courageous and innovative leadership, and persistence.

  • Representatives Keating and Fitzpatrick Introduce Countering Russian and Other Overseas Kleptocracy (CROOK) Act

    WASHINGTON—Rep. Bill Keating (MA-10) and Helsinki Commissioner Rep. Brian Fitzpatrick (PA-01) today introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act. The CROOK Act will establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries as well as streamline the U.S. Government’s work building the rule of law abroad. “Russia and other authoritarian states have weaponized corruption, and exposing and countering that malign influence needs to be a priority. For too long, Russian President Vladimir Putin and other Russian politicians and oligarchs have acted with impunity, manipulating U.S. and European financial systems to move and disguise their ill-gotten gains. Their illicit funds are being used to control key economic sectors, fund political parties and organizations that advance Russian interests, and manipulate political processes and policies. The CROOK Act will help prevent Russian and other forms of kleptocracy from eroding democracy, security, and rule of law,” said Rep. Keating. “To counter the weaponization of corruption, the United States must double down on its work to promote the rule of law abroad. However, opportunities for the establishment of the rule of law are rare and success requires that the United States act quickly when reformers come to power and seek to root out corruption. The United States also must take a whole-of-government approach to ensuring that resources are being used effectively and that different U.S. Government agencies are not acting at cross-purposes,” said Rep. Fitzpatrick. The anti-corruption action fund established in the legislation will be funded by 5 percent of fines and penalties imposed pursuant to actions brought under the Foreign Corrupt Practices Act (FCPA). This way, a portion of the monies obtained under the enforcement of the FCPA will be recycled back into further international anti-corruption work. The legislation also establishes several complementary mechanisms to generate a whole-of-government approach to U.S. efforts to strengthen the rule of law abroad. These include an interagency taskforce, the designation of embassy anti-corruption points of contact, and a consolidated online platform for easy access to anti-corruption reports and materials. The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, endeavors to counter corruption and malign influence in all its forms. Helsinki Commissioners have sponsored and cosponsored other anti-corruption legislation such as the Kleptocrat Exposure Act (H.R. 3441) and the Rodchenkov Anti-Doping Act (H.R. 835). All House Helsinki Commissioners are original cosponsors of the bill. This includes Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20), Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02), and Helsinki Commissioners Rep. Steve Cohen (TN-09), Rep. Robert Aderholt (AL-04), Rep. Sheila Jackson Lee (TX-18), Rep. Richard Hudson (NC-08), and Rep. Gwen Moore (WI-04). Rep. John Curtis (UT-03), Rep. Tom Suozzi (NY-03), and Rep. Tom Malinowski (NJ-07) are also original cosponsors  of the legislation.

  • OSCE Representative on Freedom of the Media Harlem Desir to Appear at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: STATE OF MEDIA FREEDOM IN THE OSCE REGION Thursday, July 25, 2019 3:00 p.m. to 5:00 p.m. Capitol Visitor Center Room HVC-210 Live Webcast: www.youtube.com/HelsinkiCommission Journalists working in the 57 participating States of the Organization for Security and Cooperation (OSCE) are facing increased risks to their lives and safety. According to a new report released the Office of the Representative for Freedom of the Media, in the first six months of 2019, two journalists have been killed and an additional 92 attacks and threats—including one bombing, three shootings, and seven arson attacks—have targeted members of the media. In his first appearance before Congress, OSCE Representative for Freedom of the Media Harlem Desir will assess the fragile state of media freedom within the OSCE region. Mr. Desir also will address the number of imprisoned media professionals as well as the violence, threats, and intimidation directed toward female journalists. The hearing will explore the threat posed by disinformation and online content designed to provoke violence and hate.  Following the hearing, at 5:00 p.m. in Room HVC-200, the Helsinki Commission will host a viewing of the documentary, “A Dark Place,” which details the online harassment of female journalists working in the OSCE region.

  • Minority Faiths Under the Hungarian Religion Law

    By Erika Schlager, Counsel for International Law This is a July 16, 2019, update to the article “Minority Faiths Under The Hungarian Religion Law," originally posted on July 8, 2017 (reprinted below). In 2011, Hungary adopted a new church law that entered into effect in 2012. The law stripped hundreds of faiths of their legal status overnight, deprived them of state resources to which they had previously been entitled, and resulted in other limitations. In December 2018, Hungary amended its religion law (effective as of April 15, 2019). The purpose of the amendment was to implement judgments of Hungary’s Constitutional Court as well as the European Court on Human Rights which held that Hungary’s religion law discriminated against faiths and churches. However, the amended law includes elements that, in practice, will continue discriminatory elements of the 2011 law for several more years and, in some respects, exacerbate the situation for minority faiths. The existing (2011) legal framework already distinguished among churches for the purposes of allocating government resources and benefits. The 2018 amendment added additional tiers to the categories, resulting in a more complex system. The four new tiers or categories are: religious association (with the right to be called a “church”), listed church, registered church and recognized church. Only the most “privileged” tier (recognized church) has the rights previously enjoyed by religious organizations recognized as churches before the passage of the 2011 law. Faiths which enjoyed legal recognition before the 2011 law but were stripped of that recognition under the 2018 law continue to be forced to accept the status of religious association and excluded from all the “privileges” granted to the higher categories. In other words, the 2018 amendment simply carries over the framework of the 2011 law. Additionally, the Hungarian Parliament – a body of elected officials – still decides which religious organizations are in the privileged tier (recognized church), making this an inherently political distinction. The amendment does make two improvements. First, it allows all religious organizations that secure state recognition to determine their own internal organizational structure. (Under the law passed in 2011, this was not the case.) Second, it permits people to donate 1% of their income tax to any religious organization that secures one of the four approved statuses. However, the amendment does not automatically enable organizations previously excluded from this support to receive it. On net, the December 2018 amendment fails to implement fully the court’s rulings or end the discrimination of the 2011 law, leaving some religious groups in limbo. The amendment did not provide a remedy for churches that were stripped of their status under the 2011 law, and faiths categorized in what is now the lowest tier (“religious association”) cannot be upgraded to the status of listed or registered churches without renouncing all future state, European Union, and foreign support or collecting the 1% income tax donation but remaining excluded from the benefits of "recognized" status during a prolonged transitional period. Minority Faiths Under The Hungarian Religion Law June 8, 2017 On April 25, 2017, the European Court on Human Rights announced a judgment in the case of the Hungarian Evangelical Fellowship v. Hungary.  This decision followed a 2014 finding by the Court that Hungary's 2011 law on religion violated the rights to freedom of association and freedom of religion.  In light of the failure of Hungary to end continuing violations, the April judgment awarded the Evangelical Fellowship €3 million in damages.  Religious Discrimination after the 2011 Law The case has its origins in changes made to Hungary’s religion law, which establishes a framework for the registration, or official recognition, of churches.  The law was rushed through parliament in June 2011 in a midnight parliamentary session as part of a massive three-year wave of 700 new laws, a new constitution, and five amendments to the Constitution passed between 2010 and 2013.  The “church law,” as it is known, came into force in 2012 and stripped legal recognition from over 300 previously recognized faiths; only 14 faiths retained their status under the new law.  The law gives the exclusive authority to the elected politicians in the Hungarian parliament to determine what constitutes a church, based on a parliamentary review of a religious community’s faith and rites; bylaws and internal rules; and elected or appointed administrative and representative bodies. The parliament then makes its decision according to a two-thirds vote.  Churches recognized by the parliament are granted a range of financial benefits and other privileges, including the ability to minister to co-religionists in public institutions such as schools, prisons and the military; unregistered faiths are denied these benefits.   Religions that lose their state recognition may have their assets confiscated by the state.  Hungarian Ombudsman Mate Szabo criticized the law when it was adopted and the Constitutional Court has twice struck down parts of the new religion law.  Parliament changed the law to allow unrecognized groups to identify as “churches” (translation:  “you can call yourself whatever you want”), but refused to alter the discriminatory framework that excludes unregistered faiths from the benefit of official status (translation:  “you’ll still have second-class status”).  In other words, there was no meaningful legislative change to address the law’s shortcomings.   The Hungarian Evangelical Fellowship, joined by several smaller groups, including Mennonites, two small reformed Jewish congregations, and a Buddhist congregation, brought the case that was decided by the European Court in 2014.  The European Court held that the “church law” is “inconsistent with the State’s duty of neutrality in religious matters that religious groups had to apply to Parliament to obtain re-registration as churches and that they were treated differently from incorporated churches with regard to material benefits without any objective grounds.”  Damages were awarded to the other religious communities in 2016, but the Hungarian Evangelical Fellowship continued to seek damages in light of continuing violations. In its April 2017 decision, the court awarded €3 million to the Hungarian Evangelical Fellowship.  The damages for discriminatory treatment included the loss of personal income tax donations and the corresponding supplementary State subsidy; the loss of State subsidies intended to support the applicant’s social and educational institutions; the loss of subsidies for religious teaching; and the loss of salary supplements paid to the staff employed by church institutions providing public-interest services. Unfortunately, the Court does not have the authority to compel Hungary to change its religion law and it is up to the Hungarian parliament to take the measures to comply with the ruling.  (The Court may award damages again – and again – in the case of continuing violations.) De-registered churches may be able to get a judgment for damages in Strasbourg, but only Budapest can provide a legal remedy.  The government may be trying to squeeze the Hungarian Evangelical Fellowship out of existence by depriving them of the benefits extended to other faiths and forcing them to devote resources to constantly litigate and re-litigate the same violations.  Smaller churches de-registered after 2011 have already largely been shuttered.  About the Hungarian Evangelical Fellowship The Hungarian Evangelical Fellowship broke from the Hungarian Methodist Church in the mid-1970s over the issue of collaboration with the communist regime. As a faith that would not bend to the communist regime, the Hungarian Evangelical Fellowship was subsequently forced underground and persecuted for engaging in charitable work with the poor at a time when the communist regime was loath to admit that poverty was a serious problem.  After the fall of the communist regime, in 1991 the Hungarian Evangelical Fellowship was officially recognized until stripped of this status under the 2011 law.  The Hungarian Evangelical Fellowship is known for its charitable and humanitarian work, particularly with Romani communities, and runs schools, homeless shelters, and soup kitchens. However, becausethe Hungarian tax authority has refused to issue a tax number to deregistered churches such as the Evangelical Fellowship, it is impossible for them to be designated them as recipients of a 1 percent charitable donation on tax forms.   Related Issues In 2017, the Hungarian Government has also proposed a Russian-style “foreign agents” law, which is currently scheduled for a vote by parliament, possibly on June 13. In recognition of criticism that, among the draft law’s many problems, it would stigmatize groups that receive foreign funding – including support from co-religionists in other countries – the current draft was altered to include a carve-out exception for religious organizations and sports.  If adopted, the law may spur the adoption of copycat laws in the region that might not have the same carve-outs for religious groups.  During a press conference in April, Prime Minister Viktor Orban’s chief of staff Janos Lazar suggested that Hungarian groups that receive foreign funding should be designated with a star.  He later apologized.

  • Responding to Hate

    In the past year alone, places of worship in Christchurch, Colombo, Pittsburgh, and Poway were targets of hate-based violence, resulting in the tragic loss of more than 300 lives.  Effectively countering hate crimes requires a comprehensive effort bringing together government institutions, criminal justice systems, civil society actors, and international organizations.  Religious actors and interfaith institutions play an important role in promoting safe and inclusive societies and reducing violence, hostility, and discrimination. The U.S. Helsinki Commission convened a hearing on Tuesday, July 16, 2019 that examined the role of religious actors in responding to hate domestically in the United States and throughout the OSCE region. The hearing, titled “Responding to Hate: The Role of Religious Actors,” focused on how faith-based institutions can promote safe and inclusive societies and reduce violence, hostility, and discrimination. Helsinki Commissioner Rep. Gwen Moore (WI-04) chaired the hearing and was joined by other commissioners including OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance and Helsinki Commission Ranking Member Sen. Ben Cardin (MD), Rep. Richard Hudson (NC-08), Rep. Sheila Jackson Lee (TX-18), Rep. Brian Fitzpatrick (PA-01), and Rep. Steve Cohen (TN-09). Rep. Moore opened the hearing by stating, “All of us have something to gain from those who look different, pray differently, and may come from a different place. And we must not wait until tragedy strikes, again and again and again, to learn the value of mutual respect. We must seize every opportunity to denounce hate-motivated violence, and in doing so we protect the value of freedom of expression, the hallmark of democracy.” She also paid homage to six Sikh worshippers killed near her district in Oak Creek, Wisconsin seven years ago. In his opening remarks, Sen. Cardin recounted his side event at the 28th Annual Session of the OSCE PA earlier in July, titled, “Countering Hate: Lessons from the Past, Leadership for the Future,” where he called on parliamentarians to act now to prevent a repeat of the past where bigotry and violence resulted in the deaths of millions under Nazi rule. Witnesses at the hearing described how religious actors and interfaith institutions can work together to further human rights and protections for all, domestically and throughout the OSCE region. Witnesses also shared strategies to prevent and respond to hate, ignorance, and violence targeting our societies, including places of worship. Father James Martin shared a video testimony about his response to the Pulse nightclub shooting, which at the time was the largest mass shooting in U.S. history, taking 49 lives. He noted that the LGBT community received an outpouring of love and support the in the aftermath of the tragedy, with the notable exception of the Catholic church. Father Martin said, “Why am I bringing this up? Because when it comes to the role that religious actors and organizations can play in combatting hate crimes, the most effective thing they can do is to get their own houses of worship in order. Racism, sexism, and homophobia still exist in many Christian denominations – my own included.” He ended his testimony by underlining that “the most important thing that religious actors and organizations can do to combat hate crimes is not only to fight the hatred on the outside, but on the inside as well.” Imam Gamal Fouda also testified by video and remarked on New Zealand’s response to the tragic shooting that targeted and killed Muslims at the Al Noor Mosque and Linwood Islamic Centre in Christchurch, where he is the imam. “New Zealand set a good example to the whole world for how to look after your people, how to actually support all your people. And we all stand together against hate, hate speech, and hate crimes,” he said. He said the power of New Zealand was demonstrated in the wake of the Christchurch shooting and called for more education on the strength of diverse and inclusive societies. “We have to stand together looking at the diversity in our communities as something that is strengthening our community,” he said. “It is the secret of the power of our community to see different colors and different languages.” Rabbi Jeffrey Myers, victim, witness, and survivor of the 2018 attack on the Tree of Life Synagogue in Pittsburgh, PA—the worst attack on a synagogue in the history of the United States—stated, “The metaphor of America as a melting pot, is a beautiful image, but sadly, it is not true, [because …we] do not know our neighbors. We live in silos, with no bridges connecting them. Many choose to live in their own private silos, not wanting ‘others’ to enter their silo.” He believes that the key to addressing hate—what he referred to as the “H-word”— is to learn to build bridges. “Some people just don’t know how to build a bridge. This is where religious leaders like me make a difference…I’m a bridge builder. When the Muslim community extended an olive branch to me, I responded by offering an olive tree,” he said. Reverend Aaron Jenkins testified on the power of developing partnerships and relationships across different sectors of society to adequately tackle the issue of hate and hate crimes wherever they occur. He remarked, “Any plan to address hate must engage faith actors within and across their faith traditions in respectful and meaningful ways. We cannot wait until the next hate crime happens.” He stated that partnerships, resources, and relationships were needed to address the problem. Radia Bakkouch spoke about the situation in France and Coexister’s “belief in the concept of ‘faith for good’ and the practice of interfaith cooperation in empowering young people to address violence and exclusion.” She stressed the importance of defending pluralistic societies and highlighted the importance of building coalitions to address the rise in hate-based violence taking place in France and elsewhere in Europe. Usra Ghazi detailed federal hate crimes statistics, highlighting that hate crimes historically and consistently are underreported. This, she said, is partly due to a lack of a standardized reporting processes and “strained relationships between bigotry-impacted communities and law enforcement entities.” Ghazi shared that many members of the Muslim, Arab, and Sikh communities affected by anti-Muslim discrimination, hate, and violence in the United States have opted to keep low profiles rather than report these events. She stressed, “Due to the rise of hate crimes and hate speech against Muslim and Sikh Americans, these communities by necessity have had to organize outreach efforts to humanize themselves while raising cultural and religious literacy among their neighbors and governments.” Ghazi also shared positive examples of how discriminated communities are building their civic health, getting more involved in elections, and running for office at record rates. “We now have Muslim and Sikh mayors of American cities, as well as officials from these faiths in a range of governmental positions. These efforts help to ensure that our cities, counties and states are truly representative of the rich diversity of American communities.” Alina Bricman’s video testimony concluded the hearing. She presented an overview of the first-ever report of Young Jewish Europeans: perceptions and experiences of antisemitism, released July 4, 2019. Findings included that “44 percent of young Jewish Europeans have faced anti-Semitic harassment, that’s almost 1 in 2 Jews; […] and 25 percent identified as too scared to display Jewish-affiliated ornaments or accessories.” To address the problem, Bricman recommended investing in education (such as anti-racist and anti-bias training) that emphasizes the importance and strength of diversity and diverse communities, supporting civil society, and depoliticizing anti-Semitism and racism by having leaders engage responsibly in the public arena where it is not viewed as a left or right issue.

  • Truth, Reconciliation, and Healing Focus of Upcoming Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: TRUTH, RECONCILIATION, & HEALING Toward a Unified Future Thursday, July 18, 2019 10:00 a.m – 12:00 p.m. Rayburn House Office Building Room 2167 Live Webcast: www.facebook.com/HelsinkiCommission Today, many countries seek to address historic wrongs, heal wounds, bridge divisions, and build a shared future. Truth and reconciliation efforts to encourage restitution, reparations, and restorative justice have been called for in many places, including the United States, Western Europe, Canada, and the Balkans, while Holocaust survivors and other victims of Nazi persecution continue to seek justice worldwide. For example, in June, Amsterdam city councilors voted to apologize for the city’s role in the transatlantic slave trade. In April, Belgium’s Prime Minister Charles Michel apologized for the kidnapping of thousands of children born to mixed-race couples during its colonial rule in several African countries. In 2015, Sweden published a historic white paper on abuses and rights violations against Roma in the 20th century. A decade ago, Canada established a reconciliation process in response to the Indian Residential School legacy, which forced First Nation children to attend government-funded boarding schools. At this briefing, panelists will review lessons learned and discuss ways to heal and reunify societies divided by war, genocide, hierarchal systems of human value, and other tragedies stemming from extreme nationalism, racism, anti-Semitism, and other forms of ethnic and religious discrimination. Speakers will address official government apologies, truth and reconciliation processes, restitution, reparations, and other policy prescriptions that have been used or are currently being considered to address historic wrongs and unify citizens in countries across Europe and North America. The following speakers are scheduled to participate: Dr. Gail C. Christopher, Founder, Ntianu Center; Chair, Board of the Trust for America’s Health Ambassador Stuart Eizenstat, Author, “Imperfect Justice: Looted Assets, Slave Labor,” and “The Unfinished Business of World War II;” Senior Counsel, Covington The Hon. Tracy Tansia Bibo, former City Councilor, Liedekerke, Belgium Councilor Don Ceder, Municipal Councilor, City of Amsterdam, the Netherlands The Hon. Soraya Post, former Member of the European Parliament, Sweden Dr. Diane Orentlicher, Professor of International Law, American University; former Special Advisor to the High Commissioner on National Minorities of the Organization for Security and Co-operation in Europe; Author, “Some Kind of Justice: The ICTY's Impact in Bosnia and Serbia”

  • Helsinki Commission Hearing to Examine Role of Religious Actors in Responding to Hate

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: RESPONDING TO HATE The Role of Religious Actors Tuesday, July 16, 2019 11:00 a.m. – 1:00 p.m. Rayburn House Office Building Room 2200 Live Webcast: www.youtube.com/HelsinkiCommission In the past year alone, places of worship in Christchurch, Colombo, Pittsburgh, and Poway were targets of hate-based violence, resulting in the tragic loss of more than 300 lives.  Effectively countering hate crimes requires a comprehensive effort bringing together government institutions, criminal justice systems, civil society actors, and international organizations.  Religious actors and interfaith institutions play an important role in promoting safe and inclusive societies and reducing violence, hostility, and discrimination. Witnesses will describe how religious actors and interfaith institutions can work together to further human rights and protections for all in the OSCE region, and share strategies to prevent and respond to hate crimes and violence targeting our societies in public places, including places of worship and social institutions. The following witnesses are scheduled to participate: Rabbi Hazzan Jeffrey Myers, Rabbi and Cantor, Tree of Life Synagogue, Pittsburgh, PA Father James Martin, Editor at Large, America Media, New York, NY Imam Gamal Fouda, Imam, Al Noor Mosque, Christchurch, New Zealand Radia Bakkouch, President, Coexister, Paris, France Alina Bricman, Elected President, European Union of Jewish Students, Brussels, Belgium Usra Ghazi, Director of Policy and Programs, America Indivisible; Mayor’s Interfaith Council, Washington, DC Reverend Aaron Jenkins, Vice President of Policy and Advocacy, The Expectations Project (TEP), Washington, DC Additional witnesses may be added.

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