Property Restitution and Compensation in Post-Communist Europe: A Status Update

The United States should lift up Belarusian civil society, according to experts, and slap tougher sanctions on mid-level government officials abusing protestors. The Trump administration should widen sanctions against human-rights abusers in Belarus and ramp up support for civil-society groups monitoring president Alexander Lukashenko’s crackdown, according to former State and Treasury department officials. Lukashenko purged his political opponents from the ballot in mid-August and unleashed security forces against civilians protesting the election. The crackdown has not cowed Lukashenko’s opponents, who have called for his ouster every weekend for the past two months. Over 100,000 people protested in Minsk on Sunday. The United States penalized senior members of Lukashenko’s inner-circle last week in an effort to push the embattled leader to negotiate. The State Department announced in September that the United States no longer recognizes Lukashenko’s government, and coordinated the sanctions with wider penalties from Europe. Both the Trump administration and European Union officials could be doing more to support the protestors, experts told National Journal. “I think both the U.S. and the EU need to go much further than they have so far, in terms of the number of people that they sanction,” said Michael Carpenter, director at the Penn Biden Center, who called for sanctions against “mid-level” Belarusian officials directly responsible for the human-rights abuses. Belarus-specific sanctions date to the Belarus Democracy Act of 2004, and a Bush-era executive order that sets out guidelines for penalizing officials responsible for undermining democracy. Lawmakers added further penalties in 2011. The Trump administration targeted eight people Friday, including the head of Belarus’s elections and the chief of Belarus’s security forces, and the European Union sanctioned 40 people. The United Kingdom and Canada also announced sanctions over the weekend, including against Lukashenko himself. The sanctions are only one part of Belarus policy, experts stressed, which is ultimately supposed to push Lukashenko to negotiate. Exiled opposition leader Sviatlana Tsikhanouskaya asked German Chancellor Angela Merkel to mediate the negotiations on Tuesday. Judy Dempsey, a nonresident senior fellow at Carnegie Europe, predicted that Merkel would take up the challenge—but would have to act quickly. Russian President Vladimir Putin might accuse the EU of meddling in Belarus’ government should the talks drag, Dempsey told National Journal. “If Merkel does take on this mediating role, it’s got to be incredibly sophisticated and it’s got to be very fast,” said Dempsey. The United States may not play a direct role in mediating the talks, but the Trump administration might put more pressure on Lukashenko by targeting mid-level officials inside his government. Former State Department sanctions coordinator Daniel Fried told National Journal that the State Department and OFAC could craft an executive order to authorize “status-based” penalties: those which authorize Treasury to target specific people based on their employment. Officials could then work with Belarusian civil society to identify targets, like “the plainclothes cops roughing up dissidents.” “Putting this into legislation is hard as hell, and then it’s not as flexible,” said Fried. “It’s far better to let OFAC do it, in coordination with the State Department.” Lawmakers have remained largely hands-off on Belarus, besides offering statements in support of those protesting against Lukashenko. In July, the Senate passed a resolution condemning the arrest of opposition candidates and political protesters. The chair and ranking member of the Senate Foreign Relations Committee separately called out Lukashenko’s handling of the election in early August, and later in the month issued a joint statement calling for sanctions against those responsible for human-rights abuses. The upper chamber might support Belarus policy by advancing Trump’s ambassadorial nominee to Belarus, several former officials and experts told National Journal. The United States and Belarus haven’t exchanged ambassadors since 2008. The Senate Foreign Relations Committee advanced career State Department official Julie Fisher favorably out of committee in late September. Democratic Sen. Chris Murphy voted against the nomination, and argued that sending the ambassador to Belarus during the crackdown would reward Lukashenko. Some experts disagreed, and said having an ambassador in Minsk could help the United States coordinate policy with civil-society groups and would send an important signal to domestic opposition. Sen. James Risch told Murphy that the State Department believed having an ambassador to Minsk was “the best way to help the Belarusian people.” Senate Majority Leader Mitch McConnell’s office did not respond to emailed questions about Fisher’s nomination; Senate Foreign Relations Committee spokesperson Suzanne Wrasse told National Journal that McConnell has “a number of priorities,” and that ambassadorial nominations were “on the list.” While former officials agreed that ramping up support for civil society groups and sanctioning mid-level Belarusian officials could be effective at prodding Lukashenko to negotiate, they disagreed over whether also to target large state-owned firms that form the backbone of the Belarusian economy. Carpenter, Fried, and other former Obama administration officials suggested that penalizing the companies could end up hurting protestors, many of whom work on the factory floors. The Lukashenko government has close ties with heavy industry, however, and a few lawmakers told National Journal they support lifting waivers granting them access to the U.S. market. Rep. Alcee Hastings asked Treasury Secretary Steven Mnuchin in mid-August to cancel sanctions waivers for several Belarusian companies. Hastings led the Organization for Security and Cooperation in Europe election-monitoring mission for Belarus’s 2006 presidential election, and now heads the Helsinki Commission, a congressionally-created agency that coordinates OSCE policy on Capitol Hill. The Treasury Department has not responded to Hastings’ letter. “Providing support to the Lukashenko regime by allowing its state-owned companies access to our financial system is unacceptable, and the sanctions announced on individuals last week by the Treasury Department are a step in the right direction,” said Hastings in a statement to National Journal. “However, Lukashenko himself has long been a prime candidate for Global Magnitsky sanctions, and failing to include him among the sanctioned individuals is a severe oversight.” Last fall, the state-owned Belarusian oil company Belneftekhim retained lobbyist David Gencarelli to push for the continuation of a licensing exemption allowing the company to purchase “crude oil with delivery to the refineries in the Republic of Belarus.” The Treasury Department extended relief to Belneftekhim and other heavy-industry players, giving them continued access to the American market until April 2021. “What we’ve seen over the years with Lukashenko is he’s a very skillful player juggling between the U.S. and Europe, which is a natural market for Belarus, and Russia,” said Sofya Orlosky, senior program manager for Europe and Eurasia at Freedom House. The EU has similarly sought to keep Lukashenko from sliding into Putin’s orbit, periodically lifting and reimposing sanctions on his government for human-rights abuses. The bloc suspended financial penalties in 2016 after Lukashenko granted “amnesty” to a number of political prisoners, which Orlosky said normalized Lukashenko’s undemocratic behavior. “There’s been, as it were, a limit to the severity of sanctions in the past, because the argument was made at least implicitly that we don’t want to alienate Belarus too much or throw them into Russia’s arms,” said Nigel Gould-Davies, a former British ambassador to Belarus. The Trump administration has pursued normalization with Minsk for the past several years, prior to Lukashenko’s crackdown. The State Department’s top political official, David Hale, met with Lukashenko in Minsk in September 2019, and stated afterward that the U.S. was ready to exchange ambassadors “as the next step in normalizing our relationship.” Secretary of State Mike Pompeo visited Minsk in February for the same purpose. The difference now, according to Gould-Davies: The legitimacy of Lukashenko’s regime “is basically broken.” Very few people support the government, aside from people working directly for the state, which undercuts calls for moderation in the West. “He enjoys no significant support outside of those who actually work for the state,” said Gould-Davies.

As we mark the 45th anniversary of the 1975 signing of the Helsinki Final Act, the founding document of today’s Organization for Security and Cooperation in Europe (OSCE), the ideals of democracy that had been advanced by that pact—freedom of speech, freedom of religion, and civil liberties—are under threat. In 1975, Soviet totalitarianism was the great threat to human rights and fundamental freedoms; today, authoritarianism poses a growing threat to human dignity and rights in the region. Authoritarianism is a fact of life in much of Eurasia, a reflection of the actual worldwide tension between countries defending universal human rights obligations and countries attempting to undermine trust in democratic institutions and promote an authoritarian model. This is true not only in repressive nations like Russia; even among some U.S. partner countries, there are warning signs. Some nations have also taken it upon themselves to block vital leadership roles in international institutions during a global pandemic unlike anything we have seen in a century. The ultimate outcome of this conflict is up to us. Liberty and human rights will prevail, but only if freedom-loving people everywhere join together to defend and preserve human rights and fundamental freedoms for all. Many international institutions dedicated to freedom and human rights were founded with U.S. support in the wake of World War II, in which more than a million U.S. citizens were either killed or wounded and trillions of dollars spent on the effort to defeat fascism. Democratic ideals are ingrained in the founding charters that established those organizations. For nearly 75 years, such institutions have consistently served as a bulwark against totalitarianism, communism, terrorism, and other forms of tyranny; limited conflict among nations; helped raise millions out of poverty; and spread democratic values throughout the world. The OSCE grew out of the Helsinki Final Act, a 1975 political agreement among the United States, Canada, the Soviet Union, and other European nations. Signed by both democratic and communist regimes, the Final Act acknowledged openly that respect for human rights within states is crucial to security among states, and that human rights concerns could legitimately be raised among signatories. Today, the OSCE is the world’s largest regional security organization, encompassing 57 countries in Europe, as well as the United States and Canada.  It includes Russia, Ukraine, and many other successors of the former Soviet Union, reaching as far east as Central Asia and Mongolia, and north beyond the Arctic Circle. The phrase “Vancouver to Vladivostok” accurately describes the organization’s reach. With its “comprehensive concept of security,” the OSCE addresses military security, economic and environmental cooperation, and human rights and takes steps to prevent, manage, and resolve conflict within and among its members. The OSCE also supports the democratic development of nations that gained or regained independence in the post-Cold War period and are still finding their footing, often torn between corruption and the promise of a democratic future. Thirteen OSCE field missions operate in member countries seeking assistance in developing their democratic institutions. The OSCE recognizes and supports the important role played by civil society and the media in holding governments to account for blatant human rights violations and abuses of power. Unprecedented Gap in OSCE Leadership OSCE institutions—including its assembly of national legislators—foster an essential defense against the spread of authoritarianism. However, despite its comprehensive vision, we are now faced with an unprecedented gap in leadership at the OSCE due to the block on the extension of mandates for four senior leaders, including the Secretary General. Each week, the OSCE Permanent Council—comprising ambassadors to the OSCE from each participating State—meets in Vienna, Austria. In this forum, the United States seeks to shine a light on contraventions of States’ OSCE tenets and violations of international law. The OSCE independent institutions, like the field missions, carry those messages forward.  In addition to the organization’s other work defending human rights and fundamental freedoms, its Office for Democratic Institutions and Human Rights (ODIHR) manages the OSCE’s election observation missions, internationally recognized as the “gold standard” for their methodology. Other independent offices lead the OSCE’s work on Freedom of the Media and rights of national minorities. Unfortunately, in July, these vital institutions were deprived of strong and consistent leadership by countries—including Azerbaijan, Tajikistan, and Turkey—that seem intent on attempting to weaken the OSCE’s ability to hold countries accountable for their actions and undermining the principles of the Helsinki Final Act. The executive and legislative branches of the U.S. government are partners in bringing American leadership to support the OSCE’s work. Several times each year,  members of Congress—including lawmakers serving on the U.S. Helsinki Commission, which monitors implementation of the Helsinki Accords  —gather at meetings of the OSCE Parliamentary Assembly, where they secure political commitments and build mutually beneficial relationships among legislators from the OSCE’s participating States to help push back against anti-democratic actions by national governments. Unfortunately, several OSCE participating States—countries that have repeatedly committed to upholding the principles and values enshrined in the Helsinki Final Act— are exhibiting a troubling slide toward authoritarianism. The United States and our democratic allies have criticized efforts to restrict and persecute journalists, human rights defenders, civil society, members of the political opposition, and members of ethnic and religious minorities. We also have jointly criticized efforts to stifle media freedom and limit political pluralism in Russia, Belarus, Azerbaijan, Tajikistan, and Turkmenistan, as well as raised concerns about media consolidation in Hungary, and limitations on freedom of speech and freedom of the press elsewhere. Russia’s Destabilizing Actions No OSCE participating State bears more responsibility for fomenting mistrust, insecurity, corruption, and human rights violations and abuses in this region than the Russian Federation. Russia’s destabilizing actions contravene all 10 Helsinki Final Act principles, ranging from respect for human rights to the prohibition of military incursions into neighboring countries. Russia continues its aggressive actions in Ukraine, including its purported annexation of Crimea. The proxy forces Russia arms, trains, leads, and fights alongside in eastern Ukraine make it dangerous for the unarmed OSCE Special Monitoring Mission to Ukraine to fulfill its Permanent Council-approved mandate to monitor the conflict. Russia uses its resources—economic, political, informational, and military—to defeat freedom and democracy. Russia does not rely on military force alone to threaten democratic governance; it also uses hybrid tactics daily, ranging from cyber intrusions to influence campaigns — aimed at undermining democratic elections. We hope that someday, authoritarian countries like Russia will start behaving again according to the rules of international law. Unfortunately, these countries currently reject the values of democracy, liberty, and human rights. The authoritarian regimes view democracy as an existential threat—hence the actions some of them have taken to restrict the OSCE’s ability to do its work.  The struggle today is between those who believe authoritarianism is the right way forward and those of us who still believe that Thomas Jefferson was right in his declaration that the desire for freedom exists within the heart of every human being. In a hyper-connected modern world in which disinformation becomes an ever more powerful weapon and the divisions within free societies are exploited by malign actors, U.S. membership in organizations like the OSCE emphasizes clearly, openly, and emphatically that America will not cede the field to the authoritarian regimes. We will not allow them to be the ones to dictate what is truth and what is fiction. Human Rights and Ideals Just as Valid in 2020 Through the OSCE, the United States directly confronts the deceit of Russia and other authoritarian powers. By raising our voices, through our participation and leadership, we reassure our friends that the United States stands with them and supports our shared values against the growing tide of autocracy. By raising our voices, we remind allies and adversaries alike that the United States remains engaged and committed to what is fair, what is right, and what is true. Together, our U.S. Mission to the OSCE and the U.S. Helsinki Commission remind allies and adversaries alike that America will not ignore regimes that are actively hostile to our values and see our liberty as an existential threat. We will always prioritize respect for human rights and fundamental freedoms, defend the principles of liberty, and encourage tolerance within societies, because such efforts are vital to the promotion of democracy and to U.S. national security. We reject the authoritarian notion that our fundamental freedoms are a weakness. They are our greatest strength. The United States and other like-minded countries use the power of the OSCE to show that human rights and ideals are just as valid in 2020 as they were in 1975, when the Helsinki Accords were signed. These rights not only ensure the physical, economic, and mental wellbeing of all our populations, they make the countries’ governments stronger by building legitimacy in the eyes of their citizens. America’s unwavering support of these values through multilateral organizations like the OSCE remains vital. As noted in the Trump administration’s U.S. National Security Strategy, “Authoritarian actors have long recognized the power of multilateral bodies and have used them to advance their interests and limit the freedom of their own citizens.  If the United States cedes leadership of these bodies to adversaries, opportunities to shape developments that are positive for the United States will be lost.” The OSCE deserves to be recognized by the people of both the United States and our allies and partners as a valuable tool in the fight against autocracy. We must not abandon it by leaving its most important institutions without leadership beyond its 45th anniversary. Instead, through our efforts, and those of our allies and partners in the OSCE, we must continue to defend liberty and human rights in our region and provide a beacon of hope for citizens everywhere who aspire to a free and democratic future.