Title

Resolving Crises in East Asia Through a New System of Collective Security: The Helsinki Process as a Model

Wednesday, December 11, 2013
United States
Members: 
Name: 
Hon. Christopher Smith
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Benjamin Cardin
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Carl Gershman
Title: 
President
Body: 
National Endowment for Democracy
Name: 
Karin Lee
Title: 
Executive Director
Body: 
The National Committee on North Korea
Name: 
Fran Jannuzi
Title: 
Deputy Executive Director of Advocacy, Policy and Research, Washington, D.C., Office
Body: 
Amnesty International

This hearing discussed the possibility of establishing an organization in East Asia similar to the OSCE, in order to increase cooperation and improve regional security. Witnesses cited curbing North Korea’s nuclear ambitions, which have been condemned by Japan, China and South Korea, as a primary goal for such an organization.  Witnesses also suggested that an OSCE-like mechanism could be used to mediate air security zone disagreements and regional maritime issues.

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  • LTG Ben Hodges (Ret.) to Discuss European Security in 2018 at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: EUROPEAN SECURITY IN 2018: A CONVERSATION WITH LTG BEN HODGES (RET.), FORMER COMMANDER, U.S. ARMY EUROPE Wednesday, January 24, 2018 10:00 AM Capitol Visitor Center Room SVC 210 Live Webcast: www.facebook.com/HelsinkiCommission 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. At this Helsinki Commission briefing, General Hodges will offer his perspective on Russia’s military actions and intentions in Europe, Moscow’s breach of arms control and transparency commitments, and the Allied response thus far.

  • The Ongoing Tragedy of International Parental Child Abduction

    Each year, between 600 and 800 American children are taken from the United States by one parent without the consent of the other.  The parent left behind can only wonder if the children are safe, warm, well-fed, and loved, and what – if anything – their precious children are being told about them.  Many children are intentionally misled by the taking parent to hate and distrust the left-behind parent.  Abducted children also suffer tremendously from the abduction and the subsequent loss of contact with the left-behind parent.  Research shows that abducted children who are recovered often experience a range of serious short- and long-term emotional and psychological problems, including anxiety, eating disorders, nightmares, mood swings, sleep disturbances, aggressive behavior, resentment, guilt, and fearfulness.    In 1988, the United States became a party to the Hague Convention on the Civil Aspects of International Child Abduction, which seeks to deter parents from putting their children through the trauma of an international abduction by—absent a grave threat to a child’s well-being—returning abducted children back to their home country and home courts to determine the best interests of the child.  The Convention affirms that if a custody decision has already been made, it should not be re-litigated thousands of miles away in a foreign court. If a custody decision needs to be made, the courts in the home country are the courts with the best access to school records, police reports, neighbors, teachers, friends, and many other resources to help determine the child’s best interest.  The Convention also protects an abducted child’s relationship with the left-behind parent, requiring that a child should have access to the parent for the duration of court proceedings for return, and should have access to the parent even if the return is denied. Seven of eleven Partners for Cooperation, including Japan, are party to the Hague Convention, as are fifty-one of fifty-seven participating States, including Slovakia.   However, as the Cook and Frisancho families know all too well, securing implementation of the Convention can be a financially and emotionally draining nightmare. Japan James Cook learned just weeks ago that Japan has again failed to return his four children to him.  He has been kept from contact with them for more than three years in a family vacation-turned-abduction case.  More than two years ago, Japan’s high court ordered Cook’s ex-wife to return the children to their father in the U.S., per the Hague Convention. However, despite the court ruling, Japanese authorities failed to enforce the return decision for a year.  As a result, Mr. Cook spent thousands of dollars on legal fees and travel to Japan to fight for his children.  When the financial burden forced Mr. Cook to move to an apartment, Japanese courts revoked the return because they did not consider an apartment a “stable home”—a conclusion that would surprise the millions of families in Japan and the U.S. who live happily in apartments.   That conclusion also would surprise the writers of the Convention, who provided as an exception to return “grave threats that would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation”—situations that would include war, famine, a disease epidemic, or very serious abuse or neglect of the child from which the home country could not protect the child.    “Japan’s own Hague courts twice ordered return of my children, but Japan ignored the orders until they could find a way to revoke them,” said Mr. Cook. “I followed the rules, respected the process, and trusted in the Convention—but Japan remains the ‘black hole’ of child abduction.” Slovakia Dr. Augusto Frisancho knows all too well the heartache of winning in court, only to have enforcement of a judgment delayed until it is eventually reversed.  Dr. Frisancho, a medical doctor at the Johns Hopkins University, has not seen or even been allowed to speak to his three sons after their mother abducted them to Slovakia seven years ago.   Like Mr. Cook, Dr. Frisancho opted to use the Hague Convention rather than seek the criminal prosecution of his estranged spouse in the United States or Slovakia for kidnapping.  The Slovak courts ordered that his children be returned to the United States to resolve any custody questions.  Although the court order returning custody to Dr. Frisancho was—according to standard procedural rules governing such legal actions—final, a year later the decision was reversed in a closed-door proceeding from which Dr. Frisancho was excluded. Dr. Frisancho took his case to the European Court of Human Rights, which found unanimously that his rights had been violated by Slovakia.  Slovakia paid the court-imposed damage award and changed its laws on closed proceedings and appeals in abduction cases.   However, seven years after the abduction, Dr. Frisancho still has no access to his children, much less custody.  He has not even been given a photo of his children and relies on age-enhanced images from the National Center of Missing and Exploited Children to see a glimpse of what his children may look like today. When Slovakia ordered Dr. Frisancho’s estranged wife to bring the children to court to verify their well-being with a psychologist, she refused.  When Slovakia ordered her not to remove the children from Slovakia, she moved the children across the border into Hungary. Although the children regularly visit their grandparents in Slovakia and Dr. Frisancho’s estranged wife works in Slovakia, Slovakia has not enforced the court orders or ruled on Dr. Frisancho’s petition to finish the case.  Were Slovakia to finish the case, Dr. Frisancho could enforce the ruling in Hungary using the Brussels II Regulation.  As it is, Dr. Frisancho is facing the fact that he may have to translate thousands of pages of Slovakian court proceedings into Hungarian and restart his case in Hungary—losing more precious time with his children. “I want to see my children.  I want my children to know they have a father who loves them dearly and who prays every night that somehow this wrong to them will be righted,” said Dr. Frisancho.  “Despite every opportunity over 7 years, Slovakia has inexplicably failed to meet the two main goals of the Hague Convention—return and access.”

  • Austrian Chairmanship Achieves Consensus for Human Trafficking Prevention

    On December 8, 2017, the OSCE Ministerial Council approved two new cross-dimensional decisions to combat human trafficking.  One decision was led by the United States, Italy, and Belarus and focused on preventing child trafficking and other forms of sexual exploitation of children, particularly on the internet and in sex tourism. The Ministerial Council also passed a second decision, introduced by the 2017 Austrian Chairmanship of the OSCE, titled, “Strengthening Efforts to Prevent Trafficking in Human Beings.”   The decision addresses all forms of human trafficking and reflects key initiatives of the OSCE in recent years, especially those that encourage corporate responsibility for prevention of trafficking in supply chains. Examining Subcontractors Beginning with the responsibility of governments to ensure that goods and services for the government are purchased from trafficking-free sources, the decision commends “participating States that require contractors supplying goods and services to the government to take effective and appropriate steps to address the risks of human trafficking in their supply chains.”   Notably, the decision goes beyond the primary contracting entity and encourages governments to examine any intended subcontractors and employees., It reflects the reality that while a prime contractor may be trafficking-free, in an effort to cut costs and increase profit margins, work may be subcontracted out to less scrupulous vendors who may not be as aware of, or as concerned with, government requirements.    Addressing Vulnerability Factors The decision also addresses the precursors to human trafficking, commending participating States that prohibit contractors, subcontractors, and employees from “participating in activities known to lead to human trafficking.”  Many contract and subcontract provisions that may seem neutral on first glance in reality lead in whole or in part to situations of vulnerability to human trafficking.  For instance, in 2015, the United States banned the following practices in U.S. government contracts as relates to actions by the contractors, subcontractors, or employees as the actions were closely linked to human trafficking: Purchasing commercial sex. Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee’s identity or immigration documents without the employee’s consent. Failing to abide by any contractual provision to pay return transportation costs upon the end of employment for the purpose of pressuring an employee into continued employment. Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment. Charging recruited employees unreasonable placement or recruitment fees, or any such fee that violates the laws of the country from which an employee is recruited.  Providing or arrange housing that fails to meet host country housing and safety standards.    Using Government Contracts as Incentives Using government contracts as an incentive for businesses to undergo the auditing and policy overhauls required for clean supply chains, the decision ultimately calls on participating States to “take into account whether businesses are taking appropriate and effective steps to address the risks of human trafficking, including with regards to their subcontractors and employees, when considering the awarding of government contracts for goods and services.”    Historically, many governments have sought the least expensive contract for the most goods or services on the principle of using taxpayer funds efficiently—creating a perverse incentive for companies to turn a blind eye to human trafficking and its precursors.  The decision championed by the 2017 Austrian Chairmanship encourages participating States to reverse the incentive and reward with government contracts only to those companies that have done their due diligence to ensure trafficking-free supply chains.  This requirement reaches past the comparatively small number of businesses that receive government contracts and encourages all businesses competing for government contracts to clean their supply chains first. Strong implementation by OSCE participating States could set new industry standards where human trafficking and its precursors become significantly less profitable.    

  • Non-Governmental Participation in the OSCE

    Non-governmental organizations (NGOs) are welcomed at many, though not all, meetings of the Organization for Security and Cooperation in Europe (OSCE). OSCE rules for NGO participation are much simpler and more inclusive than at the United Nations (UN) or other international organizations, particularly as concerns human dimension events. One of the advantages of the OSCE is that it is the only international organization in which NGOs are allowed to participate in human dimension meetings on an equal basis with participating States. NGOs—no matter how small—can raise their concerns directly with governments.  (Governments have a right of reply.)  In addition, NGOs can hold side events during human dimension meetings in which they can focus on specific subjects or countries in greater depth than in the regular sessions of the event.  Download the full report to learn more. Contributor: Janice Helwig, Representative of the Helsinki Commission to the U.S. Mission to the OSCE

  • OSCE Adopts Child Trafficking Ministerial Decision Modeled on Initiative of Co-Chairman Smith

    WASHINGTON—On December 8, the OSCE concluded its annual meeting of the Foreign Ministers of 57 OSCE participating States by adopting a ministerial decision on combatting child trafficking—modeled on OSCE Parliamentary Assembly (PA) resolutions adopted in 2016 and 2017, authored by Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04).  Rep. Smith is the Special Representative on Human Trafficking Issues in the OSCE PA. Entitled “Strengthening Efforts to Combat All Forms of Child Trafficking, Including for Sexual Exploitation, as well as Other Forms of Sexual Exploitation of Children,” the decision provides practical steps for participating States to protect children from traveling sex offenders, and from misuse of the internet for child trafficking and other sexual exploitation.  “Traveling sex offenders rely on secrecy and anonymity to commit crimes against children; the new decision will deter the sexual exploitation of children at home and abroad, and aid in the prosecution of child sex traffickers,” said Smith. The decision calls on each of the OSCE participating States to keep a register of individuals who have committed sex offenses against a child, and to share that information with the law enforcement in destination countries—which would give the United States warning of foreign sex offenders entering U.S. borders.  The decision also calls on OSCE participating States to enact extra-territorial jurisdiction in order to “prosecute their citizens for serious sexual crimes against children, even if these crimes are committed in another country.”   “Some believe the laws of a destination country allow sexual exploitation of a child, or rely on the fact that the judicial system in the destination country is weak,” Smith continued.  “The Ministerial decision underscores the universal human rights of the child to be protected from sexual exploitation and calls for participating States to put all abusers on notice—they will be prosecuted when they return home.”  In addition, the Ministerial decision echoes the Parliamentary Assembly resolutions by calling for accountability of those who misuse the Internet to knowingly or recklessly facilitate access to children for sexual exploitation or child trafficking—such as by advertising children on websites—highlighting that such individuals should be prosecuted as traffickers. “With this binding decision, the foreign ministries of the 57 OSCE participating States stand united with the OSCE Parliamentary Assembly to protect children from trafficking and other sexual exploitation across the OSCE region,” said Smith. Smith first raised the issue of human trafficking at the 1999 OSCE PA Annual Session in St. Petersburg, the first time it appeared on the OSCE agenda. Since then, he has introduced or cosponsored a supplementary item and/or amendments on trafficking at each annual session of the OSCE PA, including on issues such as sex tourism prevention, training of the transportation sector in victim identification and reporting, corporate responsibility for trafficking in supply chains, and special protections for vulnerable populations. In addition to authoring the 2016 International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes through Advanced Notification of Traveling Sex Offenders, he authored the landmark U.S. Trafficking Victims Protection Act of 2000 and its 2003 and 2005 reauthorizations. Chairman Smith co-chairs the United States Congressional Human Trafficking Caucus.

  • The International Tribunal and Beyond: Pursuing Justice for Atrocities in the Western Balkans

    Between 1991 and 2001 the Socialist Federal Republic of Yugoslavia, made up of six republics, was broken apart by a series of brutal armed conflicts. The conflicts were characterized by widespread and flagrant violations of international humanitarian law, among them mass killings of civilians, the massive, organized and systematic detention and rape of women, torture, and practices of ethnic cleansing, including forced displacement. In 1992 the U.N. established a Commission of Experts that documented the horrific crimes on the ground and led to the 1993 creation of the International Criminal Tribunal for the former Yugoslavia (ICTY). This month, after more than two decades of persistent, ground-breaking efforts to prosecute the individuals responsible for war crimes, crimes against humanity, and genocide in the former Yugoslavia, the ICTY is concluding its work. As it prepares to close its doors, this briefing will assess the tribunal’s achievements and limitations, and most importantly, what still needs to be done by the countries of the region to seek justice in outstanding cases, bring greater closure to victims, and foster greater reconciliation among peoples. Panelists discussed these questions and suggested ways that the United States, Europe, and the international community as a whole can encourage the further pursuit of justice in the Western Balkans.

  • 2017 OSCE Ministerial

    Foreign Ministers of the 57 OSCE participating States met in Vienna on December 7 and December 8, 2017 for the 24th OSCE Ministerial Council meeting. The United States was represented by Secretary of State Rex Tillerson, who in his statement described the OSCE as “an indispensable pillar of our common security architecture that bolsters peace and stability in Europe and Eurasia.” Secretary Tillerson focused much of his statement on the conflict in Ukraine, reiterating the United States’ commitment to Ukraine’s sovereignty, independence, and territorial integrity within its internationally recognized borders; calling for full implementation of the Minsk agreements; and confirming that Crimea-related sanctions will remain in place until Russia returns full control of the peninsula to Ukraine. In addition, he raised the importance of addressing radicalization and terrorism; the security consequences of irregular flows of migrants; and long-running conflicts in Georgia, Moldova, and Nagorno-Karabakh. The Ministerial Council adopted decisions on reducing the risk of conflict from the use of information and communication technologies; strengthening efforts to prevent trafficking in human beings; strengthening efforts to combat all forms of child trafficking and sexual exploitation of children; promoting economic participation; as well as a statement on the negotiations on the Transdniestrian settlement process in the “5+2” Format. Unfortunately, as has been the case for the past several years, the Ministerial Council was not able to reach consensus to adopt decisions in the human dimension, mainly due to Russian reluctance. Instead, 44 countries made a joint statement on human rights and fundamental freedoms, expressing concern about human rights and stressing the importance of civil society. Several  side events and other meetings took place on the margins of the Ministerial. Secretary Tillerson held several bilateral meetings, including one with Russian Foreign Minister Lavrov. The OSCE Parliamentary Assembly held a meeting of its Bureau, and the NGO-network Civic Solidarity Platform held its annual OSCE Parallel Civil Society Conference. Helsinki Commission staff served as members of the U.S. Delegation to the Ministerial.

  • Helsinki Commission, Tom Lantos Human Rights Commission Announce Briefing on Justice in Western Balkans and Closing of International Tribunal

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, and the Tom Lantos Human Rights Commission (TLHRC) today announced the following briefing: THE INTERNATIONAL TRIBUNAL AND BEYOND: PURSUING JUSTICE FOR ATROCITIES IN THE WESTERN BALKANS Tuesday, December 12, 2017 10:00 AM - 11:30 PM Rayburn House Office Building Room 2255 Live Webcast: www.facebook.com/HelsinkiCommission Between 1991 and 2001 the Socialist Federal Republic of Yugoslavia, made up of six republics, was broken apart by a series of brutal armed conflicts. The conflicts were characterized by widespread and flagrant violations of international humanitarian law, among them mass killings of civilians, the massive, organized and systematic detention and rape of women, torture, and practices of ethnic cleansing, including forced displacement. In 1992 the U.N. established a Commission of Experts that documented the horrific crimes on the ground and led to the 1993 creation of the International Criminal Tribunal for the former Yugoslavia (ICTY). This month, after more than two decades of persistent, ground-breaking efforts to prosecute the individuals responsible for war crimes, crimes against humanity, and genocide in the former Yugoslavia, the ICTY is concluding its work. As it prepares to close its doors, this briefing will assess the tribunal’s achievements and limitations, and most importantly, what still needs to be done by the countries of the region to seek justice in outstanding cases, bring greater closure to victims, and foster greater reconciliation among peoples. Panelists will discuss these questions and suggest ways that the United States, Europe, and the international community as a whole can encourage the further pursuit of justice in the Western Balkans.  Panelists: Serge Brammertz, Chief Prosecutor, International Criminal Tribunal for the former Yugoslavia Nemanja Stjepanovic, Member of the Executive Board, Humanitarian Law Center (from Belgrade, Serbia, live via video) Diane Orentlicher, Professor of Law, Washington College of Law, American University Additional panelists may be added.  

  • Ukraine: Report from the Front Lines

    For more than three years, civilians in eastern Ukraine have suffered the effects of a needless conflict manufactured and managed by Russia; an estimated 10,000 people have been killed and more than 23,500 injured. The humanitarian situation continues to deteriorate amidst almost daily ceasefire violations and threats to critical infrastructure. Joseph Stone, an American paramedic, was killed on April 23, 2017 while monitoring the conflict as an unarmed, civilian member of the Organization for Security and Cooperation in Europe (OSCE) Special Monitoring Mission (SMM) to Ukraine. SMM reports remain the only source of verifiable, public information on this ongoing conflict and the grave, daily impact it has on the local civilian population.  Mission personnel face regular and sometimes violent harassment by combined Russian-separatist forces seeking to limit the SMM’s access to the areas they control.  At this U.S. Helsinki Commission briefing, Alexander Hug, Principal Deputy Chief Monitor of the OSCE Special Monitoring Mission to Ukraine, detailed the humanitarian consequences of the ongoing conflict in Eastern Ukraine; provided an overview of the role of OSCE monitors and the threats they face in carrying out their duties; and offered thoughts on prospects going forward.  Alexander Hug has served in several roles at the OSCE, including as a Section Head and a Senior Adviser to the OSCE High Commissioner on National Minorities as well as at the OSCE Mission in Kosovo. His career in conflict resolution includes work with the Swiss Headquarters Support Unit for the OSCE in northern Bosnia and Herzegovina, the Temporary International Presence in Hebron, and the EU Rule of Law Mission in Kosovo.    

  • Turkish Pressure on NGO Participation in the OSCE

    In September 2017, Turkey walked out of the annual OSCE Human Dimension Implementation Meeting (HDIM) in Warsaw to protest the registration of an NGO it claimed was a “terrorist” organization due to its alleged connections to Fethullah Gülen. Since then, Turkey has continued to protest the NGO’s participation in OSCE events, and boycotted two subsequent Supplementary Human Dimension Meetings in Vienna: one on the role of free media in the comprehensive approach to security, held from November 2 to November 3, and one on access to justice as a key element of the rule of law, held from November 16 to November 17. Under OSCE rules, the only grounds for excluding an NGO comes from the Helsinki 1992 Summit Document, which prohibits “persons or organizations which resort to the use of violence or publicly condone terrorism or the use of violence.” Turkey has demanded that the rule be renegotiated, and has implied that it might retaliate against the OSCE if the NGO continues to be allowed to attend OSCE events. NGOs are allowed to participate in the upcoming OSCE Ministerial, which will be held in Vienna on December 7 and December 8. It is unclear how Turkey will react should the same NGO register for that event.

  • Supplementary Human Dimension Meeting: The Role of Free Media in the Comprehensive Approach to Security

    By Jordan Warlick, Policy Advisor From November 2 to November 3, 2017, Helsinki Commission staff participated in the OSCE Supplementary Human Dimension Meeting on the Role of Free Media in the Comprehensive Approach to Security. Supplementary Human Dimension Meetings are convened a few times per year on specific subjects that are determined to deserve distinct focus by the Chairmanship-in-Office. Like the annual Human Dimension Implementation Meeting, Supplementary Human Dimension Meetings bring participating States and civil society actors together, facilitating dialogue on challenges to human rights issues in the OSCE region. The OSCE Representative on Freedom of the Media, Harlem Désir, identified this topic – the role of free media in the comprehensive approach to security – as one of his four priorities at the Human Dimension Implementation Meeting in September 2017: “My second priority will be to protect media freedom in the new security context….I fully support the efforts of governments to combat terrorism and create safer societies, but let me repeat this simple fact: there are ways to achieve these goals without compromising on our hard-fought fundamental freedoms.” Unfortunately, some governments in the OSCE region consider a free press to be a threat to national security, and worse, persecute or silence journalists in the name of the security. Certain governments and nationalists justify the censorship of journalists by labelling them unpatriotic, even enemies of the state.  Since the failed coup attempt Turkey, for example, hundreds of journalists have been arrested and media outlets shuttered on the basis of national security. The mere suspicion that citizens are part of the Gulenist movement – the group that the Turkish government blames for the coup attempt – can result in many years in prison, or even life sentences.  Journalists, as well as civil society as a whole, have been particularly targeted by terrorism-related charges. However, despite that freedom of expression and national security are often pitted against each other, the two are not mutually exclusive – in fact, they are complementary. An independent, free, and pluralistic media can play a role in peacebuilding and conflict prevention, countering prejudices or misperceptions, and preventing extremism and radicalization. Still, in a world where terrorists spread radical ideas, prejudiced organizations perpetuate intolerance, and government-sponsored bots disseminate misinformation, the tension between freedom of expression and national security seems greater than ever.   The conference featured three sessions: the first, on free media as a basis for European security; the second, on the role of the media in peacebuilding and conflict prevention; and the third, on the role of media in counteracting disinformation, “hate speech” and radicalization. Panelists and participants present discussed the tension between freedom of expression and security interests, the pressures independent media faces from this tension, and best practices for governments to uphold free media and expression commitments in this context. The OSCE takes a comprehensive approach to security, subscribing to the idea that political-military security, human rights, and economic governance are mutually reinforcing ideals. It is important to encourage dialogue on best practices to ensure that participating States remain true to the ideals that the OSCE was founded upon, despite sometimes challenging circumstances.

  • Senior OSCE Monitor to Discuss Conflict in Eastern Ukraine at Upcoming Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: UKRAINE: REPORT FROM THE FRONT LINES Thursday, November 30, 2017 2:00PM Senate Visitors Center (SVC) Room 215 Live Webcast: www.facebook.com/HelsinkiCommission For more than three years, civilians in eastern Ukraine have suffered the effects of a needless conflict manufactured and managed by Russia; an estimated 10,000 people have been killed and more than 23,500 injured. The humanitarian situation continues to deteriorate amidst almost daily ceasefire violations and threats to critical infrastructure. Joseph Stone, an American paramedic, was killed on April 23, 2017 while monitoring the conflict as an unarmed, civilian member of the Organization for Security and Cooperation in Europe (OSCE) Special Monitoring Mission (SMM) to Ukraine.   SMM reports remain the only source of verifiable, public information on this ongoing conflict and the grave, daily impact it has on the local civilian population.  Mission personnel face regular and sometimes violent harassment by combined Russian-separatist forces seeking to limit the SMM’s access to the areas they control.  At this U.S. Helsinki Commission briefing, Alexander Hug, Principal Deputy Chief Monitor of the OSCE Special Monitoring Mission to Ukraine, will detail the humanitarian consequences of the ongoing conflict in Eastern Ukraine; provide an overview of the role of OSCE monitors and the threats they face in carrying out their duties; and offer thoughts on prospects going forward.  Alexander Hug has served in several roles at the OSCE, including as a Section Head and a Senior Adviser to the OSCE High Commissioner on National Minorities as well as at the OSCE Mission in Kosovo. His career in conflict resolution includes work with the Swiss Headquarters Support Unit for the OSCE in northern Bosnia and Herzegovina, the Temporary International Presence in Hebron, and the EU Rule of Law Mission in Kosovo.     

  • The Helsinki Process as a Model for East Asian Collective Security and Crisis Resolution

    Distinguished dignitaries and guests, good afternoon and welcome. Thank you all for joining us today. Thank you in particular to our South Korean hosts and to the Sejong Institute for putting this conference together. I am here representing the U.S. Helsinki Commission, an independent Commission of the U.S. Congress. The Commission monitors compliance with commitments made by Organization for Security and Cooperation in Europe (OSCE) participating states, which number fifty-seven countries throughout the Atlantic-Eurasian region. The commitments are comprehensive in nature and range from military security to anticorruption to human rights. By and large, the Northeast Asian region has seen over the last twenty years an unprecedented period of security and stability. This peace has brought great economic prosperity to the Northeast Asian region as well as one of the most intense periods of growth in human history. However, this peace and prosperity has come under grave threat. Today, the livelihoods of citizens in the region are put in jeopardy by environmental challenges and transnational threats such as terrorism, organized crime, and money laundering that know no borders. The region also has experienced a significant arms buildup and an increase in the tendency towards escalation during crises. For example, what were once diplomatic disputes over uninhabited islands in the Pacific have today become flashpoints eliciting the deployment of military forces. Finally, amidst all these worrying trends in the region, there continues the reckless provocation of the rogue regime in Pyongyang, whose nuclear ambitions threaten the lives of millions of citizens within the region. Indeed, the main concern today is North Korea. Obviously, the military threat of the country is most pressing, but the human rights and economic situation within North Korea are also dismal. The people are some of the most oppressed in the world. Their economic situation is near the bottom of the world as well, with many being literally starved to death. Gulags house countless prisoners who undergo enormous suffering. We can be sure that the challenges that face this region will continue to mount in the near-term. Still, the nations of this region do not need to sit idly by in the face of this rising tide of uncertainty. In the Atlantic-Eurasian region, nations have faced similar challenges, and responded by establishing institutions through the Helsinki process to serve as a platform for dialogue and consensus, while offering mechanisms of de-escalation during times of crisis. The Helsinki process can serve as a model, or at the very least a useful example, for the nations of East Asia to move purposefully towards peace and collective security. I have had the privilege of serving as Chief of Staff of the U.S. Helsinki Commission and have seen firsthand the tremendous progress that can be made through engagement. The original language in the documents that served as the foundation for the discussions in the 1970s was quite modest, and, frankly, at the time, not considered groundbreaking. The Helsinki Final Act was a document deeply rooted in its own time and space, and the world in 1975 looked radically different than our globalized one does today. But the Helsinki process created an opportunity to change things; it committed historical adversaries to engage; it established norms based on consensus; and it gave countless people hope for the future. Over its 42-year history, the Helsinki process has evolved, addressed new challenges, established new norms, and welcomed new members. As a result, the Helsinki process has made a tangible difference in the maintenance of peace and collective security from Vancouver to Vladivostok. Given the recent series of North Korean provocations, the need to address the crisis that this has created may mean that now is not the appropriate time to implement this vision. Nevertheless, the groundwork can be laid so as to be prepared when a policy window opens. This approach could begin with a modest agenda agreed to by consensus. Consensus decision-making is an important piece of the puzzle because it helps to build trust. If actors do not trust one another’s intentions, as would clearly be the case for any Helsinki-inspired Northeast Asian security process, then consensus decision-making is the only way to go. You cannot get anything accomplished other than by consensus. Another important takeaway from the Helsinki process is that any such process in any region of the world be based on universal principles. In the Helsinki case, this expressed itself most clearly in what we call the “Helsinki Decalogue,” which includes: Sovereign equality, respect for the rights inherent in sovereignty Refraining from the threat or use of force Inviolability of frontiers Territorial integrity of States Peaceful settlement of disputes Non-intervention in internal affairs Respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief Equal rights and self-determination of peoples Co-operation among States Fulfillment in good faith of obligations under international law Finally, the more diverse the membership, the more buy-in can be expected. One of the unique things about the Helsinki process was its wide membership, which, at its founding at the height of the Cold War, included not only the United States and the Soviet Union, but thirty-three other European states in addition to Mediterranean observer countries. Wide membership enables any process to avoid the impression of favoring larger states over smaller ones. Hopefully, we can today build upon this broad outline of what this type of engagement would look like in Northeast Asia; that is engagement that is principled, structured, and based on the mutual understanding that conflict resolution is in the interest of all nations in the region. Again, these nations do not have to remain passive spectators as global trends erode two decades worth of peace and prosperity; rather they should be proactive and look to ensure their collective peace and prosperity. Particularly given the long history of sophistication and interaction between the nations of this region, there is no reason why a Helsinki-inspired process could not take form here.

  • Belarus: 25 Years after Signing the Helsinki Final Act

    In July 2017, Belarus hosted the OSCE Parliamentary Assembly (PA) Annual Session.  However, two decades ago, the OSCE PA refused to even recognize the legitimacy of Belarus’ putative elected representatives.  What has changed? Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law, Scott Rauland, Senior State Department Advisor, and Michael Newton, Intern

  • OSCE Parliamentary Delegation to Rabat Examines Morocco’s Strategy to Counter Violent Extremism

    From October 19 to October 20, 2017,  Helsinki Commission staff participated in a visit to Rabat, Morocco organized by Morocco’s upper house of Parliament—the House of Counselors—and the OSCE Parliamentary Assembly (PA) to discuss the so-called “Moroccan Approach” to countering violent extremism. In a series of meetings with legislative and government leaders and a special seminar hosted by the House of Councilors, the OSCE PA delegation learned about the role that Morocco’s constitutional monarchy, religious institutions, democratic reforms, and comprehensive migration strategy play in combatting the attraction and recruitment of youth by terrorist organizations. The delegation was led by OSCE PA Vice President Marietta Tidei (Italy) and featured the participation of MP Stephane Crusniere (Belgium), Vice-Chair of the OSCE PA Ad Hoc Committee on Countering Terrorism, and Senator Pascal Allizard (France), OSCE PA Special Representative on Mediterranean Affairs, among others. Parliamentarians and staffers from the legislatures of the participating States of the OSCE exchanged views with the President of the House of Counselors Hakim Benchamach, President of the House of Representatives Lahbib El-Malki, Minister Delegate to the Minister of Interior Nouredine Boutaib, Catholic Archbishop of Rabat Msgr. Vincent Landel, and Director of the Mohammed VI Institute for the Training of Imams Abdessalam Lazaar. These meetings and the attendant seminar underscored the centrality of Morocco’s constitutional monarchy to ordering religious belief and practice in the country. Morocco’s monarch, Muhammad VI, is a direct descendant of the Prophet Muhammad and possesses the title “Commander of the Faithful.” This title confers on him preeminent religious authority in the country and the responsibility to preside over the issuance of all religiously binding judgments, or fatwas. In his lecture during the conference, Professor Ahmed Abbadi, secretary general of the leading organization for Muslim scholars in Morocco, highlighted the Moroccan King’s religious authority as an antidote to the “cacophony of fatwas” he said afflicted much of the Islamic world beginning in the 20th century. Professor Abbadi described how the advent of cable television, the internet, and social media facilitated the proliferation of these religious judgments from religious scholars of all ideological persuasions and levels of education. Additionally, several authorities attributed Morocco’s success in countering violent extremism to the work of a network of ministries, religious organizations, and institutes that propagate the moderate interpretation of Islam championed by the King. Mr. Boutaib, Minister Delegate to the Minister of Interior, was among several officials who highlighted the focus in Moroccan religious institutions on promoting maqasid in scriptural explication, an approach that emphasizes the spiritual, moral, ethical, and social goals of religious belief and practice above literalist interpretation and formalistic piety. The delegation visited the Muhammad VI Institute for the Training of Imams where hundreds of imams and male and female religious guides—murshidin and murshidat—from across Morocco and Western and sub-Saharan Africa are brought on full-scholarship to deepen their understanding of this interpretation of the Islamic faith. Moroccan interlocutors also praised the King’s initiative to undertake significant democratic reforms during the Arab Spring as key to promoting social development and countering the attractiveness of extremist ideologies. “While other countries delayed reforms because of security concerns, Morocco persevered,” said House of Counselors President Benchamach. Among the most significant constitutional changes approved by referendum in 2011, the King is now required to name a prime minister from the largest party in parliament and the prime minister enjoys greater authority in running the government. The president of the lower house, Lahbib El-Malki told the OSCE PA delegation, “No security is possible without democracy and no cooperation is possible without security,” emphasizing the centrality of democracy to achieving these other strategic aims. As part of its effort to mitigate risk factors for radicalization, Morocco has focused on economic development domestically and in surrounding countries. These development efforts feature as part of the country’s self-described “comprehensive migration strategy” that directs development assistance to countries of origin, provides services and ensures the rights of migrants who take up residence in Morocco, and works to prevent irregular onward migration. Minister Delegate Boutaib and others touted Morocco’s “regularization” campaign in 2014 that allowed approximately 25,000 migrants to become legal residence of Morocco and to access services, education, housing, and the labor market. A second wave of this campaign began earlier this year and is ongoing. Despite overall confidence in the strength and sustainability of this multi-faceted approach to countering violent extremism, Moroccan officials expressed concern about continued challenges. In particular, several interlocutors described the danger posed by ungoverned expanses in the Sahel made worse by the ongoing conflict in Libya. They further cautioned that the territorial rout of ISIS in Syria and Iraq would likely only usher in new and more complex manifestations of the global jihadist threat. House of Representatives President El-Malki also warned of broader cultural and social trends that must be addressed in order to mitigate the attractiveness of extremist ideologies. He observed that modernity had succeeded in achieving great economic and technological advancements but left a more complicated legacy on the cultural and social level. El-Malki cited contemporary crises of identity and meaning that are playing out in many societies. Specifically, he counseled that the world cannot adopt a single culture; instead, he contended that “a plurality of cultures is a factor in stability.”  By hosting the OSCE PA delegation, the Kingdom of Morocco took an important step in advancing communication between the participating States of the OSCE and the six North African and Middle Eastern countries that comprise the Mediterranean Partners for Cooperation. While there are several opportunities every year for intergovernmental and inter-parliamentary exchanges with the Mediterranean Partners, this event provided a unique opportunity to examine at length the best practices and experience of one of the Partner States. In addition, the inter-parliamentary nature of the exchange suggests a promising avenue for further engagement. While many initiatives relating to the Mediterranean Partners have been stalled by a lack of consensus among OSCE participating States, the OSCE PA is not subject to the same consensus rule, placing it in a promising position to deepen communication and cooperation across the Mediterranean in the years to come.

  • The Western Balkans: Perspectives from OSCE Field Missions

    Since the outbreak of the conflicts associated with Yugoslavia’s break-up in the early 1990s, the Organization for Security and Cooperation in Europe (OSCE) and its field missions have been a central part of the international community’s response. Early OSCE efforts to counter the spillover effects of those conflicts were followed by ongoing assistance in post-conflict recovery and reconciliation. Today, OSCE field missions continue to exist in virtually every country of the region. They encourage the reform and cooperation essential to the long-term stability of the region through activities that broadly support democratic institutions and governance, particularly to strengthen rule of law; programs to promote integration of minority communities, especially Roma, and to counter violent extremism, and more; and regular reporting to the OSCE Secretariat and participating States. On November 1, 2017 the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) held a public briefing on OSCE field missions in the Western Balkans. Jeff Goldstein, the current Deputy Head of the OSCE Mission to Skopje, began by noting positive developments in Macedonia, including increased political participation in recent elections, and efforts by some parties to reach across ethnic lines. The increase in voter turnout, he said, “speaks to the fact that the citizens of the country both cared about politics and had faith that the democratic process could actually bring positive change to their lives.” He also highlighted the OSCE’s efforts to encourage the peaceful resolution of last winter’s political crisis, and discussed the Mission’s current focus on reforms in areas including the rule of law, freedom of the media, increasing the role of parliament, and further implementation of the Ohrid Framework Agreement. Ambassador Jonathan Moore, former Head of the OSCE Mission to Bosnia and Herzegovina, described the Mission’s in engagement with issues of education, rule of law, and countering violent extremism at a local level, and its policy of maintaining “credibility with everyone, presence everywhere, access to everyone, engagement with everyone.” To illustrate the success of the Mission’s local engagement, he discussed its work with a grassroots student movement to oppose the reintroduction of ethnically segregated schools in the town of Jajce. Amb. Moore was clear that the role of the Mission is to assist such organic developments and that, “the ultimate credit goes, of course, to the students themselves, who showed incredible tolerance, maturity, and commitment to a common future.” Michael Uyehara, former Deputy Head of the OSCE Mission to Serbia, highlighted the Mission’s “Follow Us” initiative, a program that brings together young women and female parliamentarians from Belgrade and Pristina in dialogue about their common issues. The initiative also commissioned a documentary about their conversation, which has been screened several times for audiences in Serbia and Kosovo. He also remarked on the enthusiasm of the local staff, who “believe in the OSCE Mission’s work and are deeply committed to the Mission’s objective of helping Serbia to advance politically and to overcome the legacy of the past.” Ambassador Marcel Peško, the current Director of the Conflict Prevention Centre in the OSCE Secretariat, discussed the OSCE’s capacity building efforts in the Balkans. Noting the difficult geopolitical environment in which OSCE activity takes place, he stressed the need to work with host governments to assist their reform agendas, and “to strengthen the resilience of government structures and the civil society to be able to address and cope with the challenges that are there in front of them.”

  • Countering Radicalization

    On October 26, 2017 the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) hosted a briefing entitled Countering Radicalization; International Best Practices and the Role of the OSCE. The panel featured the Washington presentation of a groundbreaking OSCE report by Professor Peter Neumann, Special Representative of the OSCE Chairperson-in-Office on Countering Radicalisation and Violent Extremism.  At the briefing, Neumann provided an overview of the findings and recommendations made in his report, titled “Countering Violent Extremism and Radicalisation that Leads to Terrorism: Ideas, Recommendation, and Good Practices from the OSCE Region.” Neumann offered two main recommendations: first, he proposed bolstering the OSCE’s role as a hub for best practices in counter-radicalization, and in particular the role of the Action Against Terrorism Unit in this area. Second, he called for a strengthening of the OSCE field operations, whose on-the-ground presence and continuity made them especially effective actors, in particular in the critical regions of the Balkans and Central Asia. He underlined that while the OSCE will never be the sole actor in counter-terrorism efforts, despite the different approaches of its participating States, it can make a valuable contribution as one of many tools towards addressing the problem of radicalization. Two leading practitioners and analysts of U.S. counter-radicalization efforts also offered their views on Neumann’s report.  First, Seamus Hughes, Deputy Director of Program on Extremism at George Washington University, commended the report’s methodology.  Hughes offered a number of points for consideration, including that in Europe, the great majority of attacks are committed by citizens, rather than migrants; that “securitizing” relationships with minority communities was counterproductive; and that countering violent extremism programs were broadly underfunded. Matthew Levitt, Director of the Washington Institute’s Stein Program on Counterterrorism and Intelligence, called for a public-health model for treating the radicalization challenge at a community level, further suggesting that the Trump administration may well be moving away from such an approach and towards a rubric of “terrorism prevention,” which runs the risk of putting the problem entirely in the hands of the law enforcement and intelligence communities and neglecting a whole-of-government preventive approach that would address challenges before they manifest as violent acts. The briefing was moderated by Alex Tiersky of the U.S. Helsinki Commission.

  • OSCE Parliamentary Assembly Meets in Andorra

    By Bob Hand, Policy Advisor      The Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE PA) held its 16th annual Autumn Meeting in Andorra la Vella (the capital of the principality of Andorra) from October 3 to October 5, 2017. During the meeting, approximately 180 parliamentarians from among the 57 OSCE participating States – including Austrian parliamentarian and Assembly President Christine Muttonen – focused on “new challenges” and “new tasks” in regional security in formal sessions, on migration and counterterrorism in separate committee sessions, and on disability rights and human rights in occupied regions of Georgia in two separate side events. Other sessions at the event reviewed Assembly work since the July Annual Session in Minsk, Belarus, and discussed the possibilities for reforming the Assembly to make it a more effective OSCE institution.      The Assembly’s Autumn Meetings are geared toward dialogue, and permit the parliamentarians to gather at least once between the early July Annual Sessions and the late February Winter Meetings. Although ongoing work in Washington prevented Members of Congress from participating in the Assembly meeting, the United States was represented by Helsinki Commission staff. Sessions Devoted to Various Aspects of Security Andorra’s Prime Minister and parliament speaker both welcomed members of the OSCE PA, while other host country officials made presentations in the formal sessions.  OSCE officials also contributed to the discussions, including the Office for Democratic Institutions and Human Rights (ODIHR) Director Ingibjorg Gisladottir of Iceland; the Secretariat’s Coordinator of Activities to Address Transnational Threats Rasa Ostrauskaite of Lithuania; and its Deputy Coordinator of Economic and Environmental Activities Ralf Ernst of Germany. OSCE Parliamentary Assembly Secretary General Roberto Montella of Italy reported on the Secretariat’s activity in recent months, while German parliamentarian and OSCE PA Treasurer Doris Barnett reported on the Assembly’s financial situation. In the formal sessions, a discussion of Mediterranean affairs focused on current issues including cooperation to counter terrorist threats and respond to migration challenges. New risks to security that come with the technologies of the cyber age, and the development of common responses to those risks, dominated the next formal session, with parliamentarians sharing country experiences. Regarding the climate change debate, there was nearly universal support for adherence to the Paris Agreement and the development of renewable energy sources, with most speakers emphasizing the dangerous implications of policies which maintain the status quo.  Discussion of education issues highlighted the contribution that knowledge and experience can make in promoting tolerance, countering extremism and reconciling societies divided by recent conflict among today’s youth. Work on the Sidelines Ad Hoc Committees formed under the auspices of the OSCE PA also met to develop plans for further activity.  The committee dealing with migration, led by Swiss parliamentarian Filippo Lombardi, finalized a report that was then presented to the governments of the participating States on October 10.  The report counters arguments that migration is solely a burden and stresses the need for all countries to share responsibility for large migration and refugee flows. The report also stresses that responses to migration must include actions to address its root causes, particularly in the case of forced displacement of large numbers of people. This very active committee also discussed a proposed calendar of future activities, including visits to key countries in the hope of gathering information that might provide useful to others. The committee focusing on efforts to counter terrorism, led by Greek parliamentarian Makis Voridis, held its inaugural meeting in Andorra; it was created by the OSCE PA in July 2017.  Participants offered their thoughts on what the Assembly and parliamentarians can contribute to the international response to terrorism, which included an emphasis on countering radicalization and violent extremism as well as sharing experiences and harmonizing legislation to make it more effective.  New members were added to committee ranks, and a plan for future activity, starting with a visit to OSCE headquarters in Vienna, was developed. In addition to these meetings, a subcommittee that focuses on the Assembly’s rules of procedure and reform of its practices met under the leadership of the United Kingdom’s Lord Peter Bowness. After adopting two packages changing procedures since 2013, the subcommittee remained open to further changes but concluded, based on a paper prepared by Lord Bowness, that broader and more radical reforms were needed to make the Parliamentary Assembly more relevant and effective.  Some ideas were discussed, but the discussion is likely to be ongoing and will need to be widened to garner the support for changes to current practices. The delegation of Finland hosted a side event on persons with disabilities and focused on encouraging parliamentary participation, featuring a young Serbian parliamentarian who is confined to a wheelchair. The delegation of Georgia hosted a second side event, which discussed the human rights challenges associated with Russia’s occupation of the country’s Abkhazia and South Ossetia (Tskhinvali) regions.  Both events were well attended and welcomed for providing even more focused and less constrained discussion than the formal sessions of the meeting. Developments in Neighboring Catalonia The Autumn Meeting took place in the aftermath of the October 1 referendum on independence organized in the Spanish autonomous community of Catalonia. Most OSCE PA participants traveled to Andorra from Barcelona, the Catalonian capital, bringing their direct attention both to the referendum itself and to the actions of law enforcement dispatched by Madrid in an effort to block it. The referendum raised two separate issues that were discussed by the parliamentarians in Andorra. The first was the legitimacy of the effort in the context of the right to self-determination, and the second was the right to freely associate and express one’s views, regardless of whether the result would be recognized officially in any fashion. Madrid’s response was clear; the referendum had been declared illegal in a court ruling and had no status. Still, the degree of force used by police was considered by several speakers at the OSCE PA meeting to be not just excessive but a violation of the basic human rights of participating citizens. On October 4, 2017, OSCE PA President Muttonen spoke publicly from Andorra on the Catalonian events, urging “constructive dialogue and respect for the rule of law by all in Spain” and that “all the authorities to use due restraint and proportionality when enforcing the law.” Future OSCE PA Activity        While its leadership will convene for a day-long session in Vienna on the eve of the annual meeting of the OSCE Ministerial Council, the next OSCE PA meeting open to all 323 parliamentarians will be the Winter Meeting on February 22 and 23, 2018, also in Vienna.  Next year’s Annual Session is slated for Berlin from July 7 to 11, and the next Autumn Meeting will be held in Bishkek, Kyrgyzstan (dates to be determined). In between the meetings, parliamentarians hope to observe upcoming elections under OSCE PA auspices, and participate in other gatherings, including OSCE events, as part of the ongoing effort to strengthen security and cooperation in the OSCE region.                                 

  • Helsinki Commission Announces Briefing on OSCE Field Missions in the Western Balkans

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “THE WESTERN BALKANS: PERSPECTIVES FROM OSCE FIELD MISSIONS” Wednesday, November 1, 2017 10:00 AM Senate Visitors Center Room 202 Live Webcast: www.facebook.com/HelsinkiCommission Since the outbreak of the conflicts associated with Yugoslavia’s break-up in the early 1990s, the Organization for Security and Cooperation in Europe (OSCE) and its field missions have been a central part of the international community’s response. Early OSCE efforts to counter the spillover effects of those conflicts were followed by ongoing assistance in post-conflict recovery and reconciliation. Today, OSCE field missions continue to exist in virtually every country of the region. They encourage the reform and cooperation essential to the long-term stability of the region through activities that broadly support democratic institutions and governance, particularly to strengthen rule of law; programs to promote integration of minority communities, especially Roma, and to counter violent extremism, and more; and regular reporting to the OSCE Secretariat and participating States. The briefing features three Americans who currently hold, or have recently held, senior positions on the OSCE Missions deployed in Bosnia and Herzegovina, Macedonia, and Serbia, reflecting the importance which the United States attaches to having an OSCE presence in countries of concern.  Panelists will comment on developments in those countries during their assignment, the efforts undertaken by their respective missions to assist those countries, and the effectiveness of the OSCE as a multilateral tool for enhancing stability and promoting reform.  An OSCE official will also participate on the panel to comment on the organization’s field work from the Secretariat perspective, and the challenges not only to OSCE field activity in the Western Balkans but throughout the OSCE region. The following experts are scheduled to participate: Ambassador Jonathan Moore, former Head of the OSCE Mission to Bosnia and Herzegovina (2014-2017) Mr. Jeff Goldstein, Deputy Head of the OSCE Mission to Skopje (2016-present) Mr. Michael Uyehara, former Deputy Head of the OSCE Mission to Serbia (2014-2017) Ambassador Marcel Peško, Director of the Conflict Prevention Centre, OSCE Secretariat (2015 – present)

  • ODIHR Hosts Human Dimension Seminar on Children in Situations of Risk

    As part of its broad mandate to combat trafficking in human beings, the OSCE Office on Democratic Institutions and Human Rights (ODIHR) brought together 100 representatives of participating States, international organizations, and civil society to discuss “Rights of the Child: Children in Situations of Risk” at the annual OSCE Human Dimension Seminar in Warsaw, Poland, on October 11-12, 2017.  Opened by Ambassador Christian Strohal, Special Representative for the OSCE 2017 Austrian Chairmanship; Jacek Czaputowicz, Undersecretary of State, Ministry of Foreign Affairs, Poland; and Ingibjörg Sólrún Gísladóttir, Director of ODIHR/OSCE, the seminar examined threats to children from incarceration and from human trafficking, as well as solutions.  Deprivation of Liberty Speakers addressed common myths surrounding the incarceration or detention of children using the totality of research on actual impact, and suggested means of mitigating harm.  Panelists agreed that detention should be the option of last resort and be for the least amount of time possible in order to avoid the well-documented negative effects on children.  Drawing on research, Ms. Michaela Bauer, the UNICEF Regional Partnership Manager, highlighted that detention does not in fact benefit the child but causes educational deficits, low social skills, and disrupted family ties—setting the child up for future failures and insecurity.  Ms. Bauer explained that deprivation of liberty is too often based on incorrect determinations that a child is a threat to themselves or to society.  She cautioned that detention is often 80 percent more expensive than alternate means, such as custodial family care.   She also addressed the myth that detention keeps the child from absconding, explaining that it is the fear of detention that makes children abscond.    Mr. Azamat Shambilov, Regional Director of Penal Reform International’s office in Central Asia, underscored that detention creates isolation, marginalization, and life-long stigmatization of children.  For instance, an educational diploma from a prison will haunt the child for life.  In addition, a child isolated in an institution from the love and support of family may suffer feelings of rejection.  Such children emerge from detention and seek out other children who have similarly suffered, and thus often find themselves in trouble again.  Mr. Shambilov suggested seeing the children as victims in need of care rather than criminals to be punished as, very often, the children who commit crimes have themselves been victims of crime. Ms. Roza Akylbekova, Deputy Director, Kazakhstan International Bureau of Human Rights and Rule of Law, highlighted the importance of keeping the child connected to family. If a child must be institutionalized, it is critical to ensure that the institution is close to family who can visit the child. A better alternative would be non-custodial sentences for crimes committed by children—in which case the child would live at home with his or her family for the duration of the sentence. Human Trafficking of Children At the conference, Commission on Security and Cooperation in Europe staff, accompanied by Italian trafficking survivor and activist Cheyenne de Vecchis and Dr. Maia Rusakova, Co-founder and Director of the Regional Non-Governmental Organization of Social Projects in the Sphere of Populations’ Well-being in Russia, presented practical steps to limit the risks of internet misuse for the trafficking of children.   Citing a growing body of research in the OSCE region on the links between children’s unrestricted access to pornography on the Internet and experience or perpetration of sexual exploitation, Commission staff encouraged participating States to consider working with the private sector to institute age verification technology for all access to online pornography, such as the system currently being implemented in the UK. Turning to the issue of children advertised online for sexual exploitation, Commission staff shared new technology developed by the U.S. non-governmental organization, THORN.  This technology saves law enforcement thousands of hours by intelligently filtering the thousands of new photos, phone numbers, emojis, gibberish, and acronyms on adult-services classified-ad websites each day—collating for law enforcement attention the advertisements that have indicators of human trafficking.  The Spotlight tool connects overlapping information for law enforcement, showing officers other cities in which a victim has been previously advertised and other information that can help officers investigate.  The Spotlight tool also provides a way for law enforcement in other jurisdictions to mark whether they are working on the leads, and who to contact for collaboration—innovations saving thousands of hours of work, dead ends, and duplicated efforts. In just the last three years, more than 6,300 trafficking victims have been identified in the United States with the Spotlight tool—nearly 2,000 of whom were children.  More than 2,000 traffickers were also identified.  While primarily developed in and for North America, the Spotlight tool could be easily adapted for other OSCE participating States. ODIHR’s Anti-Trafficking Mandate ODIHR enjoys a robust mandate embodied in multiple ministerial decisions and the 2003 OSCE Action Plan to Combat Trafficking in Human Beings (as well as its Addendum in 2013) to combat human trafficking in the OSCE region, and has a full-time staff person specifically to carry out ODIHR’s anti-trafficking mandate.  For instance, ODIHR is tasked by the 2003 Action Plan with promoting the cooperation of law enforcement and civil society to combat human trafficking.  The 2003 Action Plan also calls on ODIHR to work with the OSCE Strategic Police Matters Unit (SPMU) on anti-trafficking training materials for law enforcement.  In addition, ODIHR has a mandate to offer legislative input to participating States, including on the development of National Anti-Trafficking Plans of Action.    While the 2014 regular budget shortfalls saw the loss of three members of ODIHR’s anti-trafficking staff, one full-time position was restored in 2015.  ODIHR is now fully re-engaged on executing its mandate in the region, in coordination with the OSCE Special Representative and Coordinator for Combatting Trafficking in Human Beings. ODIHR is currently updating the National Referral Mechanism Handbook, which it originally created in 2004 to guide participating States on the development of coordination frameworks for state agencies and best practices to, along with civil society partners, ensure proper care of trafficking victims.   In 2017,  ODIHR staff members have visited Croatia, Georgia, the UK, and Poland to identify gaps and best practices for national referral mechanisms.  In addition, ODIHR is working in Central Asia and Mongolia to increase identification of trafficking victims and streamline aid to victims, as well as to strengthen coordination between state actors and civil society. Finally, ODIHR is working with the Strategic Policy Matters Unit in the Mediterranean region to offer participating States technical assistance for combatting human trafficking in mixed migration flows.

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