Title

The Nagorno-Karabakh Crisis: Prospects For Resolution

Wednesday, October 23, 1991
2:00am
562 Dirksen Senate Office Building
Washington, DC 20002
United States
Members: 
Name: 
Hon. Dennis DeConcini
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Steny Hoyer
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Barbara Boxer
Title Text: 
Congresswoman
Body: 
U.S. Congress
Name: 
Hon. Rick Lehman
Title Text: 
Congressman
Body: 
U.S. Congress
Name: 
Hon. Joe Kennedy
Title Text: 
Congressman
Body: 
U.S. Congress
Name: 
Hon. Mel Levine
Title Text: 
Congressman
Body: 
U.S. Congress
Name: 
Hon. Robert Owens
Title Text: 
Congressman
Body: 
U.S. Congress
Witnesses: 
Name: 
Baroness Caroline Cox
Title: 
Deputy Speaker
Body: 
House of Lords
Name: 
Dr. Bonner
Title: 
President
Body: 
Andrei Sakharov Foundation
Name: 
Anatoly Shabad
Title: 
Member
Body: 
Russian Supreme Soviet
Name: 
Fyodor Shelov-Kovedyaev
Title: 
Member
Body: 
Russian Supreme Soviet
Name: 
Dr. David Nissman
Title: 
Expert
Body: 
Azerbaijan
Name: 
Nadir Mekhtiyev
Title: 
Member
Body: 
Azerbaijan Supreme Soviet
Name: 
Alexander Arzoumanian
Title: 
Plenipotentiary Representative to the United States
Body: 
Armenia

This hearing focused on Nagorno-Karabakh, a region in Azerbaijan that has historically been dominated by Armenians and, consequently, has requested to become part of Armenia. The Azeris did not take too kindly to this request, and bloody and violent conflict ensued between the two countries. The hearing examined whether there were still reasons for cautious optimism about a negotiated settlement. This dispute underscored the fact that almost all borders between republics in the former U.S.S.R. were then in dispute.

Others present at the hearing included Commissioner Dennis DeConcini, members of the Russia Supreme Soviet Anatoly Shabad, Nadir Mekhtiyev, and Fyodor Shelov-Kovedyaev, Plenipotentiary Representative of Armenia to the United States Alexander Arzoumanian, and Dr. David Nissman, expert on Azerbaijan.

Relevant countries: 
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The delegation had the opportunity to board a Norwegian Coast Guard vessel for a briefing on the guard’s responsibilities, which include monitoring an area seven times larger than the Norwegian mainland.  The distances involved posed significant challenges for the relatively small number of vessels to meet the Guard’s the goal of remaining “always present,” and fulfilling its responsibilities in the areas such as monitoring fisheries and search and rescue.  These challenges are becoming more acute, as the warming climate makes the waters increasingly accessible to maritime traffic of all sorts.

  • Azerbaijan’s 2018 Presidential Election

    On February 5, 2018, President Ilham Aliyev of Azerbaijan announced that the country’s presidential elections—originally scheduled for the fall—instead would be moved forward to April 11, 2018.  While some pro-government commentators offered more innocuous explanations for the move—such as aiming to avoid simultaneous presidential and parliamentary elections in 2025—many independent analysts saw it as a ploy to disadvantage the opposition. Since Azerbaijani law requires campaigning to cease 30 days prior to the vote, candidates had very little time to rally support. This constraint, among others, contributed to the mainstream opposition boycott of the election. The vote was the first since Azerbaijan passed constitutional amendments in a widely criticized popular referendum in September 2016 that extended the president’s term from five to seven years. Having done away with term limits in another set of constitutional amendments in 2009, President Aliyev used the snap election to secure his position until 2025. The official tally gave Aliyev 86 percent of the vote—he has never won with less than 84 percent. Since signing the founding document of the OSCE, the Helsinki Final Act, in 1992, no national vote in Azerbaijan has met the OSCE’s minimum requirements for a free and fair election. Nevertheless, consistent with its commitments as an OSCE participating State, Azerbaijan invited international observers to view the election.  The OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), the OSCE Parliamentary Assembly (OSCE PA) and the Parliamentary Assembly of the Council of Europe (PACE) all scrambled to assemble a robust Election Observation Mission (EOM) in Azerbaijan under difficult time constraints.  Two U.S. Helsinki Commission staff members joined the OSCE PA EOM. The article below summarizes their experience in Azerbaijan. By Scott Rauland, Senior State Department Advisor and Jordan Warlick, Office Director Briefings Reveal Shortcomings in the Field of Candidates and Lack of Media Access From the beginning, it was clear that the Government of Azerbaijan was paying lip service to established OSCE norms for holding elections without providing voters with the necessary conditions to make an informed choice free of coercion. For example, prior to the vote, we and other short-term members of the OSCE PA and PACE observation missions met with representatives of the eight candidates who had been approved by Azerbaijan’s Central Election Commission to run in the April 11 contest. During the 20-minute sessions with the candidates or their representatives, we heard almost nothing in the way of criticism of the sitting president, nor anything resembling a platform for running the country should they win. During briefings the following day, members of opposition parties, as well as representatives of civil society and the media, pointed out the gulf of approximately 1.9 million Azerbaijanis entered on voter registration lists (5.3 million), and the number of Azerbaijanis known to be of voting age (7.2 million).  Since voter registration is automatic—and all citizens who are 18 years of age by election day have the right to vote—his dramatic shortfall appeared to reflect the disenfranchisement of an astonishingly large number of Azerbaijani voters. In a separate briefing earlier, the Central Election Commission of Azerbaijan addressed this concern by claiming that the voter registration lists were published on the Internet, providing a maximum level of transparency. Civil society representatives were unanimous in their view that none of the “opposition” candidates running were real candidates. The best opposition leaders had either been imprisoned or were otherwise prevented from running, they explained. Several parties that civil society groups considered to be legitimate were boycotting the elections. Among the reasons they offered for the boycott was the fact that there were no real opposition parties in Parliament, no media freedom in Azerbaijan, and many political prisoners.  One opposition group, the Musavat Party, claimed that “clone” parties—such as the “Modern” Musavat Party, headed by Hafiz Hajiyev—had been set up to mimic true opposition parties. Hajiyev seemed to confirm those suspicions on election day by revealing that he himself had voted for President Aliyev.  He also reportedly expressed his hope that President Aliyev would return the favor by appointing him prime minister. Both civil society groups and political parties raised concerns about the potential for election fraud, due to the dramatic increase in use of de-registration voter cards (DVCs), which allow a voter to come off the voter roll in one polling station and to vote in another. We were told that while only 30,000 DVCs had been used in the previous election, 150,000 had been printed for the election on April 11. The discrepancy left many suspicious that DVCs could be abused by allowing voters to vote multiple times in different polling stations. Civil society representatives also were concerned about voter access to information, noting that restrictive laws and lack of funding made it nearly impossible to educate voters about their choices. They also found the lack of election commission reform frustrating, pointing out that both the European Court of Human Rights and the Council of Europe’s Venice Commission provided explicit recommendations to the Azerbaijani government following previous elections. Finally, they stated that the government’s claim that 50,000 people had been registered as observers was misleading, since many of the registered observers were state employees and could not be fair and impartial observers.  A journalist briefing the observers also drew attention to the 10 Azerbaijani journalists currently in prison, saying that the regime had “made telling the truth in Azerbaijan illegal.” Voting on April 11—Mostly by the Book On election day, 350 international observers deployed across the country. Our team was assigned to the Khatai district in eastern Baku. We watched the opening of one polling station at 7:00 a.m., observed voting in 14 different polling stations throughout the day, and witnessed the counting process at another precinct once the polls closed at 7:00 p.m. The Precinct Electoral Commissions (PECs) at all 16 locations were cooperative, and we could move freely around the polling stations to observe the entirety of the voting process.  The chairwoman of the PEC where we observed the opening was willing to answer every question we had, often going into great detail. While we were unrestricted in our ability to access polling sites, the spots in the polling stations reserved for observers were often poorly situated, being either in a corner out of direct sight of the registration tables, or in one case on another floor entirely. One irregularity we consistently observed related to guaranteeing that each voter cast only one vote. Voters were supposed to have their left thumb coated in invisible ink once they were processed to vote, and all voters were to have their left thumbs checked before entering a polling station to ensure they had not voted elsewhere.  One of the many problems with this method became obvious at the first polling station we visited, where the person checking voters’ thumbs was scanning the wrong hand.  Fellow OSCE PA observers noted that some voters showed up at the wrong polling station, where they had their thumbs sprayed in invisible ink. Once they were directed to the correct voting station, they were allowed to vote regardless of the invisible ink on their hands. Citizen “Observers” in Name Only During a pre-election briefing, the chair of the Central Electoral Commission proudly claimed that 57,313 Azerbaijanis had been registered as citizen observers—a large number in a country of only 9.7 million. The statistic presumably was intended to demonstrate that the elections would be both transparent and credible.  We soon noticed that few, if any, of these citizen observers paid attention to the voting. At almost every polling station, we found one or more observers who could not tell us what party they were representing.  They often had to check their observer ID cards to before replying; when we then asked them which candidate from that party was running for president—information not available on their observer IDs—many were stumped. The Polls Close—Let the Counting … and the Shenanigans … Begin While the polls were open, election regulations appeared to be broadly respected. However, at the precinct where we observed the counting process, vote tallies were rushed and established procedures were not followed.  For example, voter registration lists were not checked to determine how many people voted in that location—a figure that should have been compared to the number of ballots in the ballot box. Unused ballots were counted and destroyed according to the established procedure, but none of this information was entered onto the protocol, the written record of votes that is supposed to be maintained throughout the vote-counting process. Instead, poll workers opened the ballot boxes almost immediately after the unused ballots were destroyed. The ballots then were dumped onto a table in the middle of the room and quickly sorted into several piles.  We were allowed to approach and circle the table, and had good views of the ballots on every part of the table. Most—easily 80 percent to 90 percent of the ballots—ended up in one of several piles for President Aliyev. Of the non-Aliyev piles, the largest was for ballots which appeared to be spoiled.  One member of the PEC explained to us that although some ballots had several names marked, they would not necessarily be considered spoiled; instead, they would be discussed later. Unfortunately, to the best of our knowledge, that discussion never took place. In just over an hour, the protocol was hastily composed and finalized. Under Azerbaijani law, copies should be made available to bona fide observers; however, election officials declined to provide us with a copy. We then asked if we could at least take a photo of the protocol, and were told that the precinct would have to obtain permission from higher authorities.  We were not the only international observers who noted problems with the counting process. About 50 percent of OSCE PA observers determined that the count was either “bad” or “very bad,” well above the OSCE norm of 17 percent. Election Aftermath In a press conference in Baku the day after the election, observers from the OSCE/ODIHR, OSCE PA, and the Council of Europe Parliamentary Assembly announced that the presidential election in Azerbaijan took place “within a restrictive political environment and under laws that curtail fundamental rights and freedoms, which are prerequisites for genuine democratic elections.” “Against this backdrop and in the absence of pluralism, including in the media, the election lacked genuine competition,” they said. The preliminary statement from the three groups noted that other candidates refrained from directly challenging or criticizing the incumbent, and that no distinction was made between his campaign and his official activities. Observers reported widespread disregard for mandatory procedures, a lack of transparency, and numerous serious irregularities, including ballot box stuffing. More than half of the vote counts were assessed negatively, largely due to deliberate falsifications and an obvious disregard for procedures. At the same time, observers noted that the authorities were cooperative and international observers were able to operate freely in the pre-election period, and the election administration was well resourced and prepared the election efficiently. Announcing the conclusions, Portuguese parliamentarian Nilza de Sena said, “We have noted the positive attitude displayed by the national authorities of Azerbaijan towards international election observation, as well as the professional work of the Central Election Commission in the pre-election period. We stand ready to continue our co-operation and turn it into a joint effort to tackle the fundamental problems that a restrictive political and legal environment, which does not allow for genuine competition, poses for free elections.” The beginning of de Sena’s statement was interrupted by a pro-government journalist who surged threateningly towards the speakers, shouting angrily that the report had been prepared in advance and that its findings were all lies. It was clear that the pro-government journalist intended on disrupting the conference to distract from the content of the findings. The press conference was suspended until the atmosphere calmed and the representatives from ODIHR, OSCE PA, and PACE could deliver their statement. “A few weeks of campaigning during which candidates could present their views on television cannot make up for years during which restrictions on freedom of expression have stifled political debate,” said Margareta Kiener Nellen, Head of the Swiss delegation to the OSCE PA who led the 48-member OSCE PA delegation. “The OSCE Parliamentary Assembly will certainly continue to support all steps by the authorities that will bring the country forward on a path towards creating the open political environment necessary for truly free and fair elections.”

  • Azerbaijan’s centennial celebrations mask repressive reality

    On Monday, the Republic of Azerbaijan celebrated 100 years of independence from the Russian Empire that collapsed following the Russian Revolution of 1917. When Azerbaijan proclaimed its independence on May 28, 1918 its leaders established the first democratic republic in the Muslim world—a real, if short-lived experience in democracy. In March, President Ilham Aliyev—the country’s dictator since 2003—gave voice to national pride in the centennial yet curiously grounded it in ideals he does everything to crush. “For the first time in the Muslim world,” Aliyev said, “the Azerbaijani people demonstrated that they want to live in a free society, they want to live in a society where all the rights of all the people are protected.” The people of Azerbaijan do not live in such a free society today. Just last month, Aliyev extended his rule until 2025 thanks to a rigged presidential election that lacked a single credible challenger. Since succeeding his father, who ruled Azerbaijan for more than a decade, Aliyev has systematically coopted the country’s institutions. In recent years, he removed obstacles to remaining in power for life, extended the presidential term from five to seven years, and appointed his wife as his unelected successor. The Muslim world’s first parliamentary republic today has a rubber-stamp legislature. The government systematically uses harassment, surveillance, imprisonment, and even torture to suppress political opposition. The National Assembly lacks a single parliamentarian from a major opposition party. The story is the same in the judiciary. For years, the country’s criminal justice system has punished opposition leaders, youth activists, and independent journalists with trumped-up charges of drug use, tax evasion, and “hooliganism.” Aliyev directs retribution against his opponents from behind the scenes and subsequently basks in fawning media coverage of his occasional pardons of some political prisoners. Despite these periodic releases, Azerbaijani civil society activists report that more than 140 prisoners of conscience are behind bars today. According to Reporters Without Borders (RSF), nearly a dozen of those jailed are journalists.  Aliyev’s government has taken particular aim at the free press to evade accountability. Having already harassed, coopted, or shuttered independent print, radio and TV outlets, in 2017 the government went a step further and blocked virtually all remaining major sources of independent online news. In its 2018 World Press Freedom Index, RSF ranked Azerbaijan 163rd out of 180 countries—just one spot above Iran. In September 2017, I introduced a bill in the House of Representatives that urges the Trump administration to raise and prioritize these human rights and democracy concerns in our bilateral relationship with Azerbaijan. The resolution calls on the administration to impose travel bans and asset freezes on Azerbaijani officials responsible for gross violations of internationally recognized human rights. It also recommends visa bans against violators of religious freedom, as provided for in the International Religious Freedom Act of 1998. The government of Azerbaijan wants us to overlook its human rights record because it offers itself as a security partner for the United States. It is willing to help counter transnational threats such as terrorism and supports the NATO mission in Afghanistan through troop contributions and logistical assistance. Its oil and gas pipelines that transport energy from Azerbaijan’s Caspian shores westward also further the U.S. goal of limiting Europe’s dependence on Russian energy.  Yet by failing to respect the basic rights and dignity of its people, Azerbaijan becomes a long-term security liability. Younger generations of Azerbaijanis have no living memory of the nation’s nearly 70 years as a Soviet socialist republic and have higher hopes and expectations for their lives. The same week that Azerbaijan held its ersatz presidential election, a youth-led, non-violent protest movement was emerging in neighboring Armenia to bring down a prime minister that embodied Armenia’s entrenched political elite. It is unlikely that Azerbaijan can hold back the tide that brought tens of thousands into the streets in Armenia in 2018 and to join Georgia’s Rose Revolution in 2003. As Azerbaijan marks 100 years of independence, the U.S. must urge the government to rediscover the state’s original democratic roots and reestablish it for a new century, rooted in respect for human rights and liberty. Whether or not the government seizes this opportunity, the United States ought to stand in solidarity with the people of Azerbaijan, whose desires for dignity and justice will not be indefinitely denied.   Smith represents New Jersey’s 4th District and is chairman of the Foreign Affairs' Africa, Global Health, Global Human Rights and International Organization Subcommittee.

  • Sanctioning Human Rights Abusers and Kleptocrats under the Global Magnitsky Act

    The Global Magnitsky Act enables the United States to sanction the world’s worst human rights abusers and most corrupt oligarchs and foreign officials, freezing their U.S. assets and preventing them from traveling to the United States. Sanctioned individuals become financial pariahs and the international financial system wants nothing to do with them. Before proceeding, ask yourself: is Global Magnitsky right for my case? The language of the Global Magnitsky Act as passed by Congress was ex-panded by Executive Order 13818, which is now the implementing authority for Global Magnitsky sanctions. EO 13818 stipulates that sanctions may be considered for individuals who are engaging or have engaged in “serious human rights abuse” against any person, or are engaging or have en-gaged in “corruption.” Individuals who, by virtue of their rank, have ordered others to engage or have facilitated these acts also are liable to be sanctioned. Keep in mind that prior to the EO’s expansion of the language, human rights sanctions were limited to “gross violations of internationally recognized human rights” as codified in 22 USC § 2304(d)(1). The original language also stipulates that any victim must be working “to expose illegal activity car-ried out by government officials” or to “obtain, exercise, defend, or promote internationally recognized human rights and freedoms.” As for sanctions for corruption, it identifies “acts of significant corruption” as sanctionable offenses. This is generally thought to be a stricter standard than the EO’s term “corruption.” It may be worthwhile to aim for this higher standard to make the tightest case possible for sanctions. As a rule, reach out to other NGOs and individuals working in the human rights and anti-corruption field, especially those who are advocating for their own Global Magnitsky sanctions. Doing so at the beginning of the process will enable you to build strong relationships, develop a robust network, and speak with a stronger voice. Download the full guide to learn more. Contributor: Paul Massaro, Policy Advisor

  • Democracy Deferred

    After amending the constitution to extend the length of a presidential term and abolish term limits altogether, Azerbaijan’s ruler since 2003, Ilham Aliyev, recently prevailed in elections that secured his position until 2025. International election observers described this vote as “lack[ing] genuine competition” given the country’s “restrictive political environment and…legal framework that curtails fundamental rights and freedoms.” The presidential election took place after a year of growing concern over the state of fundamental freedoms in Azerbaijan. In March 2017, the government blocked nearly all remaining major sources of independent news; it continues to harass and detain independent journalists. That same month, the Extractive Industries Transparency Initiative suspended Azerbaijan’s membership over the government’s onerous regulation of civil society organizations. In December 2017, the Council of Europe began exploring unprecedented punitive measures against Azerbaijan for flouting a European Court of Human Rights ruling ordering the release of former presidential candidate Ilgar Mammadov, jailed since 2013.  As Azerbaijan approaches 100 years of independence in May, the Helsinki Commission examined these recent developments and the country’s implementation of its freely undertaken human rights and democracy commitments.  In September 2017, Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04) introduced H.Res.537 calling on the U.S. Government to prioritize democracy and human rights in its engagement with Baku and examine the applicability of targeted sanctions against the most egregious violators of basic rights.

  • Ending the War in Ukraine

    The Russian-manufactured war in Ukraine has killed more than 10,000 people, injured at least 25,000, and created a humanitarian crisis endangering millions more. Amid daily ceasefire violations and threats to critical infrastructure, civilians continue to bear the brunt of the cost of the needless, four-year-old conflict. In July 2017, the U.S. Secretary of State appointed Ambassador Kurt Volker as U.S. Special Representative for Ukraine Negotiations. Volker has since repeatedly met with senior Russian counterparts to explore ways to end the conflict, including the possibility of an international peacekeeping mission. At this Helsinki Commission briefing, Ambassador Volker explored the way ahead for U.S. and international policy on Ukraine in the wake of President Putin’s re-election. During his opening statement, Ambassador Volker noted that the conflict will only be resolved if Russia decides to remove its forces from the territory of Ukraine and to allow a genuine security presence to enter. He highlighted a proposal to institute a U.N.-mandated peacekeeping force that would help fulfill the Minsk Agreements by establishing security, controlling the border, and creating conditions to hold local elections. This peacekeeping force would be funded through voluntary contributions by nations and coordinated by a special representative of the secretary-general. In the Q&A, Ambassador Volker underlined that a U.N. mandate for such a mission would necessarily depend on Russian agreement. He noted that it is possible that after President Putin’s reelection, there may be greater political space for such a decision to take place, particularly as Russia continues to suffer significant economic and human costs from its occupation and will gain little by continuing the conflict. Regarding Crimea, Ambassador Volker noted that, although it is fortuitous there is no active military-style fighting, the centralized Russian rule has created a dire human rights situation on the illegally occupied territory. The Muslim Crimean Tartar population in particular has suffered greatly under Russian rule. As a result, many Crimean Tartars have fled for other parts of the country. He also stated that he has made it clear to his Russian counterparts that the United States does not accept Russia’s claimed annexation of Crimea. Ambassador Volker highlighted some areas where the OSCE’s role could be enhanced. He said that a U.N. peacekeeping force would support the OSCE Special Monitoring Mission (SMM) in executing its mandate in full. Furthermore, the OSCE could help provide supervision and training to local police forces to fill any potential security vacuum after illegal armed groups are removed. The OSCE could also be instrumental in creating and monitoring local elections.  Ambassador Volker closed the briefing by emphasizing the utility of working toward implementation of the Minsk Agreements rather than seeking to negotiate a new format. Even though the agreement has to date seen little implementation, attempting to create an alternative would just start a new open-ended negotiating process. He reiterated his belief that a U.N. peacekeeping force has the potential to unlock significant progress towards implementation of Minsk. He asserted that the United States would continue to be an active contributor to creating a prosperous and successful democratic Ukraine which could help foster a positive security and political environment in Europe going forward.

  • Helsinki Commission Briefing to Review State of Fundamental Freedoms in Azerbaijan

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: DEMOCRACY DEFERRED: THE STATE OF ELECTIONS AND FUNDAMENTAL FREEDOMS IN AZERBAIJAN Wednesday, May 9, 2018 10:30 a.m. Capitol Visitor Center Room SVC 215 Live Webcast: www.facebook.com/HelsinkiCommission After amending the constitution to extend the length of a presidential term and abolish term limits altogether, Azerbaijan’s ruler since 2003, Ilham Aliyev, recently prevailed in elections that secured his position until 2025. International election observers described this vote as “lack[ing] genuine competition” given the country’s “restrictive political environment and…legal framework that curtails fundamental rights and freedoms.” The presidential election took place after a year of growing concern over the state of fundamental freedoms in Azerbaijan. In March 2017, the government blocked nearly all remaining major sources of independent news; it continues to harass and detain independent journalists. That same month, the Extractive Industries Transparency Initiative suspended Azerbaijan’s membership over the government’s onerous regulation of civil society organizations. In December 2017, the Council of Europe began exploring unprecedented punitive measures against Azerbaijan for flouting a European Court of Human Rights ruling ordering the release of former presidential candidate Ilgar Mammadov, jailed since 2013.  As Azerbaijan approaches 100 years of independence in May, the Helsinki Commission will examine these recent developments and the country’s implementation of its freely undertaken human rights and democracy commitments.   The following panelists are scheduled to participate: Audrey L. Altstadt, Professor of History, University of Massachusetts – Amherst Emin Milli, Director, Meydan TV Maran Turner, Executive Director, Freedom Now Additional panelists may be added. In September 2017, Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04) introduced H.Res.537 calling on the U.S. Government to prioritize democracy and human rights in its engagement with Baku and examine the applicability of targeted sanctions against the most egregious violators of basic rights.

  • Kurt Volker to Discuss War in Ukraine at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: ENDING THE WAR IN UKRAINE: KURT VOLKER, U.S. SPECIAL REPRESENTATIVE FOR UKRAINE NEGOTIATIONS Tuesday, May 8, 2018 2:00 p.m. Dirksen Senate Office Building Room 106 Live Webcast: www.facebook.com/HelsinkiCommission The Russian-manufactured war in Ukraine has killed more than 10,000 people, injured at least 25,000, and created a humanitarian crisis endangering millions more. Amid daily ceasefire violations and threats to critical infrastructure, civilians continue to bear the brunt of the cost of the needless, four-year-old conflict. In July 2017, the U.S. Secretary of State appointed Ambassador Kurt Volker as U.S. Special Representative for Ukraine Negotiations. Volker has since repeatedly met with senior Russian counterparts to explore ways to end the conflict, including the possibility of an international peacekeeping mission. At this Helsinki Commission briefing, Ambassador Volker will explore the way ahead for U.S. and international policy on Ukraine in the wake of President Putin’s re-election.  

  • Revolution in Armenia?

    Under pressure from a surging popular protest movement, Armenia’s Prime Minister Serzh Sargsyan resigned on April 23, less than one week after taking office. The mass demonstrations were sparked by Armenia’s transition this month to a parliamentary system from a semi-presidential one. Small-scale protests emerged in mid-April as it became clear that parliament would elect Sargsyan, who served as president since 2008, to the newly empowered post of prime minister, and culminated with tens of thousands of demonstrators in Armenia’s central square. Protestors met news of Sargsyan’s resignation with jubilation, but after securing its principal demand, the loosely organized, youth-led movement faces uncertain prospects going forward. During the briefing, panelists discussed the key elements of the protests, the response from the U.S. and Russian governments, and Armenia’s political options moving forward. The protestors were predominantly young people – including many high school and university students. Panelists noted that youth were motivated to protest primarily due to concerns over economic opportunities, which have not significantly improved under 10 years of rule by the Republican Party of Armenia. Independent Research Analyst Elen Agehkyan noted the charisma of protest leader Nikol Pashinyan as playing a major role in mobilizing protesters. Dressing simply and marching with protestors, Pashinyan was seen as a “people’s leader”.  Panelists also remarked that the protests were noteworthy for their nonviolent nature. Protestors did not even erupt into violence when Pashinyan was detained overnight. Panelists also discussed the response from the U.S. and Russian governments. The International Republican Institute’s Regional Director for Eurasia Stephen Nix commended U.S. Ambassador Richard Mills for playing a positive role, noting that Ambassador Mills met with both the government and opposition and called on protestors to remain peaceful. The Russian government held a hands-off approach to the protests, releasing statements that the protests were strictly a domestic affair. Mr. Nix further outlined the constitutional provisions governing Armenia’s transition of power. He discussed scenarios for the coming weeks that might require emergency elections, depending on the ability of a prime minister candidate to secure the parliament’s approval for his appointment and government program. Nix further addressed the importance of U.S. government support to develop Armenian public institutions, political parties, and civil society that will be essential to sustaining any momentum toward reform. 

  • Helsinki Commission Announces Briefing on the Protest Movement in Armenia

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: REVOLUTION IN ARMENIA? THE POWER AND PROSPECTS OF THE PROTEST MOVEMENT Thursday, April 26, 2018 4:00 p.m. Capitol Visitor Center Room SVC 200 Live Webcast: www.facebook.com/HelsinkiCommission Under pressure from a surging popular protest movement, Armenia’s Prime Minister Serzh Sargsyan resigned on Monday, less than one week after taking office. The mass demonstrations were sparked by Armenia’s transition this month to a parliamentary system from a semi-presidential one. Small-scale protests emerged in mid-April as it became clear that parliament would elect Sargsyan, who served as president since 2008, to the newly empowered post of prime minister, and culminated with tens of thousands of demonstrators in Armenia’s central square. Protestors met news of Sargsyan’s resignation with jubilation, but after securing its principal demand, the loosely organized, youth-led movement faces uncertain prospects going forward. What will be the outcome of early dialogue between the government and protest leaders? Can the movement achieve more lasting reform of the entrenched power structures in Armenia’s political system? Will this collective mobilization translate into sustained political engagement? What are the regional implications of this domestic upheaval?  The following expert panelists will address these questions and others: Elen Aghekyan, Independent Research Analyst Stephen Nix, Eurasia Regional Director, International Republican Institute Other panelists may be added.  

  • Chairman Wicker, Ranking Member Cardin on Anniversary of Death of Joseph Stone in Ukraine

    WASHINGTON—On the one-year anniversary of the death of Joseph Stone, a U.S. paramedic serving in the OSCE Special Monitoring Mission (SMM) in Ukraine, Helsinki Commission Chairman Sen. Roger Wicker (MS) recalled Stone’s tragic death, criticized the pressure put on international monitors, and called for the Russian government to end the cycle of violence that resulted in Stone’s death.  Stone’s life was cruelly cut short when his vehicle struck a landmine in separatist-controlled territory in eastern Ukraine. “Civilian OSCE monitors like Mr. Stone risk their lives to tell the world what is happening, even as they face violent harassment and physical obstruction. Monitors should be able to travel throughout the country without restriction or intimidation, as their mandate requires,” Sen. Wicker said. “Russia’s continued fueling of this war must end. Putin and those he supports should live up to their commitments under the Minsk agreements and get out of Ukraine.” Sen. Ben Cardin (MD), a senior member of the Senate Foreign Relations Committee and Ranking Senate Commissioner, praised the work of the monitors and condemned Russia’s leaders for their role in the conflict. “Joseph Stone gave his life in service to a mission that shines a light on a war that has killed thousands and affected millions more.  Every day, these brave, unarmed monitors report the ground truth from a conflict manufactured by Putin and his cronies to advance his vision of a weak and destabilized Ukraine,” Sen. Cardin stated. “Russia’s invasion of Ukraine is one of the most serious breaches of OSCE principles since the signing of Helsinki Final Act in 1975. The Russian regime must put an end to the cycle of violence it perpetuates in Ukraine and live up to its OSCE commitments.” The SMM was established in 2014 to monitor implementation of the Minsk agreements, which were designed to bring peace to eastern Ukraine. It is an unarmed, civilian mission that serves as the international community’s eyes and ears in the conflict zone. It is the only independent monitoring mission in the war zone. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia, and Ukraine.  It currently fields roughly 700 monitors, nearly 600 of whom are in the Donetsk and Luhansk regions. The United States supports the SMM by providing more than 60 monitors and other resources to the mission.

  • Capitol Hill Commemoration of the Armenian Genocide

    Mr. Speaker, next week, on April 24, we will mark the 103rd anniversary of the infamous Armenian genocide. The date of the commemoration marks the anniversary of Red Sunday, the night when the Ottoman Empire Government gave the order to arrest and intern approximately 250 Armenian intellectuals in Istanbul. Less than 2 months after Red Sunday, the end of May 1915, the government enacted legislation that unleashed unspeakable widespread government-organized evictions, massacres, and deportations. As many as 1.5 million people perished. It was about the annihilation of the Armenian people. In September of 2000, I held the first-ever hearing on the Armenian genocide here in Congress. Three years ago this month, I chaired another hearing on the 100th anniversary. At the time, I noted that the Armenian genocide is the only one of the genocides of the 20th century in which the nation that was decimated by genocide has been subjected to ongoing outrage of a massive campaign of genocidal denial, openly sustained by state authority--that would be the Turkish Government. That has to change, and this horrible, horrible genocide needs to be recognized by our government for what it was.

  • The Good Friday Agreement at 20

    From 1969-1999, political violence shook Northern Ireland in a time known as “The Troubles,” and by its end, nearly 3,500 people died. Through negotiations between the Governments of Ireland and the United Kingdom, as well as with political parties from Northern Ireland, an agreement was reached, bringing an end to hostilities. On April 10, 1998, their settlement was signed, and is remembered as the Good Friday Agreement. As the United States celebrates twenty years of compliance of this landmark agreement, the anniversary also brings a moment of honest reflection. Full implementation of this agreement has been challenging and certain aspects remain unfulfilled. There are still concerns regarding devolved government, police reforms and accountability for past abuses. The hearing, held on March 22, 2018, was convened in order to commend the achievements of the Agreement and to bring to light aspects of the Agreement that have not been fully implemented, including state collusion in the crimes of paramilitaries. It featured testimony from Brian Gormally, Director of the Committee on the Administration of Justice; Judge James F. McKay III, President of Ancient Order of Hibernians; and Mark Thompson, Director of Relatives for Justice. Congressman Chris Smith opened by informing the witnesses and guests of the Hearing of a resolution he introduced in the House, H. Res. 777, calling for a recommittal of the United States, the British, and all parties—including the Republic of Ireland—to the peace process Ranking Member Senator Ben Cardin expressed his ongoing support of the spirit embodied by the Agreement, saying that, it represented “the best of the Helsinki principles” and urged the maintenance of its terms through Brexit negotiations. Representative Brenan Boyle, condemned remarks from London that suggested the Good Friday Agreement wasn’t meant to be permanent. Boyle reaffirmed American support and claimed, “That there is absolutely zero support in Washington, D.C. for going back to the days of pre-Good Friday Agreement.” Brian Gormally, the first witness to testify, outlined what he and his organization consider the main area of ongoing human rights violations, though it is not addressed fully by the Agreement. Impunity for past crimes, Gormally said, has left victims dying “without seeing justice, or even serious attempts to achieve it.” Such nonchalance by the British government and security forces have undermined society, threatened the peace process and erode faith in the rule of law. The second witness to testify, Judge James McKay, reminded the Commissioners of the close relationship between the United States and Ireland, and thus, why the United States is such a strong and vocal stakeholder in the Agreement’s continuance. He stated that the AOH understands the importance that the issue of identity weighs on individuals, and that understanding leads them to believe the best way of mitigating identity and legacy issues is through a special, third party envoy. The final speaker, Mark Thompson, was then yielded the floor. He emphasized how much international forums such as this one resonated with the families and communities affected by this conflict, as well as non-government organizations seeking the promotion and protection of human rights. Congressman Smith then returned to the issue of developing a special envoy. Judge McKay and Mr. Thompson were in agreement that such an envoy would be a much-needed impetus to “move things forward,” as Mr. Thompson said. The hearing gave considerations regarding the case of Pat Finucane. Judge McKay remarked upon the two standards held by London and Belfast. “I’m sure if Pat Finucane were murdered on the streets of London in the same manner,” he said, “this would have been headlines and inquiries going on within three or four months.” In closing, Judge McKay offered his thanks to Congressman Smith for the drafting and introduction of House Resolution 777, and offered the assistance of his organization to back its passing. Mr. Thompson concluded that with Brexit on the horizon, “it would be timely to have a U.S. intervention.” Mr. Gormally emphasized that “the guiding principle before and since the Good Friday Agreement is to implement human rights standards.”

  • Helsinki Commission Co-Chairman Smith Introduces Resolution Marking 20th Anniversary of Good Friday Agreement

    WASHINGTON—Ahead of the 20th anniversary of the Good Friday Agreement on April 10, Helsinki Commission Co-Chair Rep. Chris Smith (NJ-04) and a bipartisan group of members from the Ad Hoc Committee on Irish Affairs have introduced a resolution to reaffirm U.S. Congressional support for the agreement and expressed concern about the failure to adequately implement certain aspects of it. “The Good Friday Agreement brought peace to Northern Ireland, a tremendous achievement,” said Rep. Smith. “Yet aspects of the agreement that require accountability for past abuses have been only partially implemented. The British government admits to collusion in paramilitary murders, but in many case has refused to bring to justice state agents guilty of grave crimes—a violation of the agreement and basic international human rights law.” Smith’s resolution, H.Res.777, commends the Good Friday Agreement, calling it “a blueprint for sustainable peace in Northern Ireland.” The resolution also notes that certain aspects of the agreement remain unfulfilled, including those related to devolved government, police reforms, and accountability for past abuses. It also calls on the British Government to establish a full, independent, and public judicial inquiry into the 1989 murder of human rights lawyer Patrick Finucane, and urges the U.S. Secretary of State to appoint a Special Envoy for Northern Ireland. Rep. Eliot Engel (NY-16), the lead Democrat cosponsor of the resolution, said, “For 20 years, the Good Friday Agreement has been the backbone of the northern Irish political process. It provided a path forward for the two communities to live together and govern this long-disputed land in peace. It also helped clear the way for dealing with the challenges that remain: reconciliation, an honest reckoning of what took place, and justice for those who have yet to see it. This resolution rightfully recommits us to the values and principles underlying the Good Friday Agreement and commemorates the Agreement’s first 20 years.” Rep. Richard Neal (MA-01), Chair of the Friends of Ireland, said: “As we recognize the 20th anniversary of the Good Friday Agreement this year, the United States must continue to play a meaningful role on the island of Ireland in order to ensure that all aspects of that landmark peace accord are implemented in full. I believe this timely resolution expresses those concerns clearly and in great detail.” “It’s important that we mark this anniversary,” said Smith. “The Good Friday Agreement is as relevant now as ever, given the uncertainties that Brexit has created. And many Americans played key roles in facilitating the Good Friday Agreement, and in promoting its implementation. We still have a role to play in urging reconciliation through truth and justice.” H. Res. 777 was introduced with Reps. Eliot Engel, Joe Crowley (NY-14), Richard Neal, and James McGovern (MA-02) as original cosponsors. Reps. Smith, Engel, and Crowley are Co-Chairs of the Ad Hoc Committee on Irish Affairs, and Rep. Neal is Chair of the Friends of Ireland—both are Congressional caucuses concerned with supporting justice and human rights in Ireland and Northern Ireland. Between 1969 and 1999, during a period known as “The Troubles,” almost 3,500 people died as a result of political violence in Northern Ireland. On April 10, 1998, the two Governments of Ireland and the United Kingdom—along with Northern Ireland political parties participating in peace talks, reached a political settlement and signed the Good Friday Agreement. However, full implementation of the agreement has been challenging. Rep. Smith has chaired 16 congressional hearings on the Northern Ireland justice and peace process, many of them focusing on issues of police reform and government collusion in the crimes of paramilitary organizations. Four of Rep. Smith’s bills and resolutions have been passed addressing the British government’s role in the murder of human rights lawyer Patrick Finucane, most recently H. Con. Res. 20 (110th Congress, 2007).

  • How to Get Human Rights Abusers and Kleptocrats Sanctioned under the Global Magnitsky Act

    The workshop provided human rights organizations, transparency advocates, and congressional staff with the tools they need to effectively petition the U.S. government to review and potentially designate individuals and organizations for sanctions under the Global Magnitsky Act. Sanctions experts described, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also discussed the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists shared investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates.

  • Helsinki Commission Workshop to Explain Global Magnitsky Sanctions Process

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced a workshop to provide human rights organizations, transparency advocates, and congressional staff with the tools they need to effectively petition the U.S. government to review and potentially designate individuals and organizations for sanctions under the Global Magnitsky Act. HOW TO GET HUMAN RIGHTS ABUSERS AND KLEPTOCRATS SANCTIONED UNDER THE GLOBAL MAGNITSKY ACT Tuesday, March 13, 2018 3:00 p.m. Capitol Visitor Center Room SVC 212-10 Live Webcast: www.facebook.com/HelsinkiCommission Sanctions experts will describe, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also will discuss the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists will share investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates. Panelists include: Rob Berschinski, Senior Vice President, Human Rights First; former Deputy Assistant Secretary of State Brad Brooks-Rubin, Managing Director, The Sentry; formerly with the Departments of State and Treasury Bill Browder, Founder and Director, Global Magnitsky Justice Campaign Mark Dubowitz, CEO, Foundation for Defense of Democracies Adam Smith, Partner, Gibson, Dunn & Crutcher; formerly with the National Security Council and Department of Treasury Josh White, Director of Policy and Analysis, The Sentry; formerly with the Department of Treasury The Global Magnitsky Act is a powerful new tool for deterring human rights violations and fighting corruption. Presence on this list freezes any U.S. assets an individual may hold, blocks future transactions within the U.S. financial system, and bans any travel to the United States. By sanctioning individuals who engage in the worst abuses of power, the United States hardens its own system to external abuse while extending moral support and solidarity to those whose fundamental freedoms are curtailed or denied.

  • Helsinki Commission Workshop to Explain Global Magnitsky Sanctions Process

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced a workshop to provide human rights organizations, transparency advocates, and congressional staff with the tools they need to effectively petition the U.S. government to review and potentially designate individuals and organizations for sanctions under the Global Magnitsky Act. HOW TO GET HUMAN RIGHTS ABUSERS AND KLEPTOCRATS SANCTIONED UNDER THE GLOBAL MAGNITSKY ACT Tuesday, March 13, 2018 3:00 p.m. Capitol Visitor Center Room SVC 212-10 Live Webcast: www.facebook.com/HelsinkiCommission Sanctions experts will describe, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also will discuss the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists will share investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates. Panelists include: Rob Berschinski, Senior Vice President, Human Rights First; former Deputy Assistant Secretary of State Brad Brooks-Rubin, Managing Director, The Sentry; formerly with the Departments of State and Treasury Bill Browder, Founder and Director, Global Magnitsky Justice Campaign Mark Dubowitz, CEO, Foundation for Defense of Democracies Adam Smith, Partner, Gibson, Dunn & Crutcher; formerly with the National Security Council and Department of Treasury Josh White, Director of Policy and Analysis, The Sentry; formerly with the Department of Treasury The Global Magnitsky Act is a powerful new tool for deterring human rights violations and fighting corruption. Presence on this list freezes any U.S. assets an individual may hold, blocks future transactions within the U.S. financial system, and bans any travel to the United States. By sanctioning individuals who engage in the worst abuses of power, the United States hardens its own system to external abuse while extending moral support and solidarity to those whose fundamental freedoms are curtailed or denied.

  • European Security in 2018

    From the Kremlin-engineered conflict in Ukraine, which has killed over 10,000 people, wounded tens of thousands, and displaced over a million, to military exercises designed to intimidate Russia’s neighbors, Moscow’s actions have severely undermined security and stability throughout Europe – including that of U.S. allies and partners. From November 2014 until his retirement in December 2017, Lieutenant General (Ret.) Frederick Benjamin “Ben” Hodges helped lead the U.S. response to Russia’s military aggression as Commanding General of U.S. Army Europe. Hodges was credited by Gen. Curtis M. Scapparrotti, commander of European Command and Supreme Allied Commander Europe, with leading American land forces during one of the most volatile periods in recent European history and driving an increased U.S. force presence to deter further aggression and reassure allies. During the briefing, General Hodges offered his perspective on the importance of Europe to the United States, NATO’s success in maintaining stability in Europe, and the significance of the United States’ relationship with Germany. The economic relationship between Europe and the United States and the reliability of European partners underlined the continued strategic relevance of Europe to the U.S., Hodges argued. General Hodges also emphasized the importance of the strategic relationship between Germany and the United States. He noted the importance of Germany to our own economic prosperity, as well as access to military bases throughout the country, asserting, “We’ll always have a special relationship with the UK, for historical, cultural reasons. But in terms of what’s most important, it’s Germany.” In response to questions from Helsinki Commission Senior Policy Advisor Alex Tiersky, General Hodges outlined the U.S. Army’s support to Ukraine in the wake of ongoing Russian aggression, noting the utility of the training mission in Yavoriv to both sides, with American soldiers gaining critical insights on Russian tactics and technology. General Hodges also addressed the provision of lethal military assistance to Ukraine in the context of supporting Ukrainian sovereignty and, ultimately, a diplomatic solution to the conflict. Tiersky also asked about ZAPAD 2017, a Russian military exercise which took place across Russian and Belarus, as well as broader trends in Russian military exercises. Hodges underlined the lack of Russian transparency regarding ZAPAD, and described its broad scale and ambition.  The exercise had the positive effect of forcing impressive intelligence sharing among Allies, Hodges revealed, a dynamic he hoped would endure. Hodges also commented on Turkey’s strategic direction; NATO reform and defense spending commitments; cyber conflict; and the role of multilateral institutions.

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