Title

The Role of OSCE Institutions in Advancing Human Rights and Democracy

Wednesday, September 17, 2008
3:00pm
2325 Rayburn House Office Building
Washington, DC
United States
Members: 
Name: 
Hon. Alcee Hastings
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Name: 
Hon. Benjamin Cardin
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Christopher Smith
Title Text: 
Ranking Member
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Name: 
Hon. Hilda Solis
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
H.E. Janez Lenarcic
Title: 
Director
Body: 
Office for Democratic Institutions and Human Rights
Name: 
R. Spencer Oliver
Title: 
Secretary General
Body: 
OSCE Parliamentary Assembly

This hearing discussed the role of OSCE institutions in advancing human rights and democracy, highlighting the role of the United States. The United States was mentioned as a leading force of democracy promotion and protection of human rights. However, the witnesses mentioned certain issues like Guantanamo, Abu Ghraib, rendition flights, and detention centers that suggest double-standards. The discussion centered on the importance of inclusive voice in government and the need to find a way to build pluralism into single-party developing democracies by establishing political parties that can be competitive, that can be critical of governments and that can bring new ideas and fresh faces into their government.

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

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

  • The State of Diversity and Inclusion in Europe

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

  • Helsinki Commission Hearing to Probe Autocratic Abuse of Interpol

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

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

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

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

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

  • Truth, Reconciliation, and Healing

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

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

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

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

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

  • Responding to Hate

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

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

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

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

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

  • Delegation Led by Co-Chairman Wicker Demonstrates U.S. Commitment to Countering Kremlin Aggression and Preserving Stability in Europe

    WASHINGTON—From July 4 to July 8, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) led the largest bipartisan, bicameral U.S. delegation in history to the 2019 OSCE Parliamentary Assembly (OSCE PA) Annual Session in Luxembourg. The participation of 19 members of Congress showed the deep U.S. commitment to European security and to countering Kremlin aggression and anti-democratic trends across the 57-country OSCE region. “The size of our delegation for this Parliamentary Assembly is a clear demonstration of the importance that the Americans place on this institution and its mission,” said Sen. Wicker ahead of the official opening of the event, which brought together approximately 300 parliamentarians from North America, Europe, and Central Asia. Sen. Wicker, who also serves as a vice-president of the OSCE PA, was joined in Luxembourg by House Majority Leader and former Helsinki Commission Chairman Rep. Steny Hoyer (MD-05); Helsinki Commissioners Sen. Ben Cardin (MD), Rep. Robert Aderholt (AL-04), Rep. Steve Cohen (TN-09), Rep. Richard Hudson (NC-08), and Rep. Gwen Moore (WI-04). Other participants included Sen. John Cornyn (TX), Sen. Rick Scott (FL), Rep. Chris Smith (NJ-04), Rep. Tom Cole (OK-04), Rep. Val Demings (FL-10), Rep. Jeff Duncan (SC-03), Rep. Garret Graves (LA-06), Rep. Tom Graves (GA-14), Rep. Andy Harris (MD-01), Rep. Billy Long (MO-07), Rep. Gregory Meeks (NY-05), and Rep. Lee Zeldin (NY-01). In the opening plenary, Rep. Hoyer, a founder of the OSCE PA, reminded the delegates of the OSCE’s commitment to human rights, fundamental freedoms, and democratic governance. Rep. Moore then spearheaded the passage of a resolution on protecting and engaging civil society that was originally introduced by Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20). The assembly also adopted a second U.S. initiative on educating children to avoid human trafficking introduced by Rep. Smith, who serves as OSCE PA Special Representative on Human Trafficking Issues. Fourteen of the 16 amendments proposed by the U.S. delegation were adopted, including those holding the Kremlin accountable for the collapse of the Intermediate-Range Nuclear Forces Treaty; criticizing Moscow for abusing INTERPOL diffusions to harass Kremlin critics abroad; expressing concern about the overreliance of European countries on Russia for energy supplies; and seeking to protect those who report hate crimes from retaliation.  During the annual session, Sen. Wicker and Rep. Smith co-hosted a presentation to raise awareness and encourage reporting of efforts to entice children into being trafficked. Sen. Cardin, who serves as the OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance, hosted a discussion on best practices to combat hate in society. Prior to attending the annual session, Co-Chairman Wicker convened the first-ever Helsinki Commission hearing held outside of the United States. In Gdansk, Poland, senior U.S. civilian and military leaders briefed members of Congress on their approaches to enhancing security in the region. High-level defense officials from Lithuania, Poland, Finland, Sweden, and Estonia also provided regional perspectives on the evolving security environment in and around the Baltic Sea. Hearing participants included Lt. Gen. Stephen M. Twitty, Deputy Commander, United States European Command; Douglas D. Jones, Deputy Permanent Representative, United States Mission to NATO; Raimundas Karoblis, Minister of National Defense, Republic of Lithuania; Maj. Gen, Krzysztof Król, Deputy Chief of the General Staff of the Polish Armed Forces; Janne Kuusela, Director-General, Defense Policy Department, Ministry of Defense of the Republic of Finland; Jan-Olof Lind, State Secretary to the Minister for Defense, the Kingdom of Sweden; and Kristjan Prikk, Permanent Secretary of the Ministry of Defense, the Republic of Estonia. The hearing underscored America’s commitment to security in the Baltic Sea region and its unwavering support for U.S. friends and allies.

  • Countering Hate: Lessons from the Past, Leadership for the Future

    Today at the 28th Annual Session of the OSCE Parliamentary Assembly in Luxembourg, Helsinki Commission Ranking Member Sen. Ben Cardin hosted a U.S. side event in his capacity as OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance. The event, “Countering Hate: Lessons from the Past, Leadership for the Future,” called for parliamentarians from across the 57 OSCE participating States to adopt an action plan to counter bias and discrimination and foster inclusion.  Several members of the U.S. delegation—along with U.S. Ambassador to the OSCE James Gilmore and U.S. Ambassador to Luxembourg Randy Evans—attended the event, where speakers included Dr. Rebecca Erbelding of the U.S. Holocaust Memorial Museum and OSCE parliamentarians Michael Link (Germany), Nahima Lanjri (Belgium), and Lord Alf Dubs (United Kingdom). “We are here today to exchange information on what we are doing in our home countries to address the problem and how we might be able to develop a plan of action to work better together to address the rise in hate-based incidents we have been witnessing across the OSCE region and beyond from Pittsburgh and Poway to Christchurch,” said Sen. Cardin. “It is not only the most vulnerable in our societies whom are in danger when we fail to act, but the very foundations of our democracies.” Dr. Rebecca Erbelding of the U.S. Holocaust Memorial Museum shared a cautionary tale, reminding the audience, “The Holocaust did not appear out of nowhere [and] the Nazi Party was in power in Germany for eight years before mass killing began.”  Warning signs in the past were ignored, she stated.  “A rise of populist leaders, of simple solutions, of demonizing minorities, of propagandizing hate, of neglecting or ignoring refugee protections, of isolationism, of appeasement—these factors, when taken together, have led to genocide in the past, and not just in Europe. We must [..] work together to prevent genocide in the future.”  OSCE parliamentarian and former director of the OSCE Office of Democratic Institutions and Human Rights (ODIHR) Michael Link stressed the need for action, saying that we are witnessing these first alarming signs of hate, but have a choice in whether we will repeat the past. He lauded the success of and need to continue the OSCE’s Words Into Action project funded by the German government to increase education on addressing anti-Semitism, security protections for the Jewish community, and build diverse coalitions across communities against hate. He cautioned that Romani populations should also not be forgotten in the efforts to address the problem. OSCE parliamentarian Nahima Lanjri described rampant discrimination in Belgium’s employment sector and its negative impact on the labor market. Citing the need for increased tools to fight all forms of discrimination that have the negative affect of repressing talents needed for societies to flourish, she called for more disparities data and initiatives that address economic and other forms of discrimination and bias. Lord Dubs, a British parliamentarian who was born in Prague in what was then Czechoslovakia, was one of 669 Jewish children saved by English stockbroker Nicholas Winton, and others, from the Nazis on the Kindertransport.  He shared a recent hate post he had received online and stressed the need to address increasing hate in our societies through education, legislation against hate speech and discrimination, and by shifting public opinion that denigrates communities instead of building them up. U.S. House Majority Leader Rep. Steny Hoyer cited the anti-discrimination work of Brian Stevenson and stressed that difference does not make one “less than." Parliamentarian Hedy Fry of Canada noted rising hate crimes in her country amid numerous initiatives addressing disparities and inclusion. U.S. Rep. Gregory Meeks highlighted the importance of Jewish and African-American coalitions in the civil rights movement. Stating that no group should have to fight for their rights alone if we truly espouse democratic values, he said, we all should be joining the Roma in their human rights struggle.  U.S. Rep. Val Demings called for the conversation to also include LGBT+ communities, recalling the tragic mass shooting at the Pulse nightclub in her Orlando, Florida district.  The sessions concluded with Special Representative Cardin calling for an OSCE Action Plan to address bias and discrimination and foster inclusion and OSCE/ODIHR Advisor Dermana Seta providing an overview of tools currently offered by the OSCE to assist governments in addressing hate crimes and discrimination. 

  • Leading through Change

    From June 23-29, 2019, 29 young leaders from across Europe and the United States participated in the eighth annual Transatlantic Inclusion Leaders Network (TILN) workshop held in Brussels, Belgium.  Hosted by the German Marshall Fund of the United States (GMF) in partnership with the U.S. Helsinki Commission, U.S. State Department, and other stakeholders, TILN brought leaders together to learn from one another, expand their leadership skills, and offer a more inclusive vision for the world. As part of the workshop, TILN leaders joined the German Marshall Fund’s Brussels Forum Young Professionals Summit and engaged with senior U.S. and European officials on issues ranging from BREXIT and trade to migration. As elected officials and civil society leaders under the age of 35, TILN participants focused on tools to strengthen democratic practices in the lead up to elections in Europe and the United States.  Ensuring respect and protections for rights across political, cultural, religious, and other differences was a central aspect of discussions.  Participants also highlighted the need for increased strategies to address barriers to political participation, including increasing hate speech and physical threats directed towards elected officials and candidates.  The importance of inclusive intergenerational workforces and leadership was also raised as a key aspect to ensure economic stability on both sides of the Atlantic and strengthen transatlantic ties.      Following the workshop, TILN alumni convened workshops in the Netherlands, Germany, and Italy. The Transatlantic Inclusion Leaders Network (TILN) “inspires, informs, and connects diverse young leaders to excel in elected office and other leadership roles, advance inclusive policies, and engage with transatlantic policymakers.” Participants are from diverse U.S. and European communities, including the Balkans, with a proven commitment to advancing diversity and inclusion best practices in their policymaking and society. For more information, please see the Transatlantic Inclusion Leaders Network 2019 Workshop Report.

  • The Helsinki Process: A Four Decade Overview

    In August 1975, the heads of state or government of 35 countries – the Soviet Union and all of Europe except Albania, plus the United States and Canada – held a historic summit in Helsinki, Finland, where they signed the Final Act of the Conference on Security and Cooperation in Europe. This document is known as the Helsinki Final Act or the Helsinki Accords. The Conference, known as the CSCE, continued with follow-up meetings and is today institutionalized as the Organization for Security and Cooperation in Europe, or OSCE, based in Vienna, Austria. Learn more about the signature of the Helsinki Final Act; the role that the Conference on Security and Cooperation in Europe played during the Cold War; how the Helsinki Process successfully adapted to the post-Cold War environment of the 1990s; and how today's OSCE can and does contribute to regional security, now and in the future.

  • Partially Protected?

    The U.S. Helsinki Commission convened an expert briefing on the background, implementation, and legal and political implications of temporary protection for people in the United States and Europe who come from countries of conflict or natural disaster but not qualify for asylum. The discussion explored whether some European Union countries are choosing temporary protection even when asylum claims are credible. Alex T. Johnson, Chief of Staff for the Helsinki Commission, said in his opening remarks, “Chairman Hastings sees [protected status] as a priority, particularly in the United States and in the OSCE region because of the erosion of human rights and democratic institutions that we are seeing now. It’s particularly urgent as we look at our own domestic compliance with commitments in the Organization for Security and Cooperation in Europe, and how we partner with countries who are also exploring issues related to granted protected status for vulnerable communities in their midst.” Johnson also noted Chairman Hasting’s introduction of H.Con.Res. 5, which expresses support for Haitians residing in the United States with Temporary Protected Status (TPS). In the discussion that followed, Jill Wilson of the Congressional Research Service provided context on TPS and its implementation in the U.S. Wilson reported, “Ten countries are currently covered by TPS, benefitting some 400,000 individuals in the United States. The Trump administration has announced terminations for six of these ten countries on the grounds that the conditions on which the original designations were based no longer exist. These terminations are currently on hold pending court action.”  Recent efforts by members of the 115th and 116th Congress saw a greater number and variety of TPS-related bills that seek either to expand or restrict TPS and shift the decision-making power from the Secretary of Department of Homeland Security (DHS) to the U.S. Congress. Currently, the Secretary of the DHS, in consultation with other key government offices namely the U.S. State Department, has the power to designate a country for temporary protection in periods of six, twelve, or eighteen months based on three categories: armed conflict, natural disaster, or extraordinary circumstances that prevent the safe return of a country’s nationals. Marleine Bastien of the Family Action Network Movement shared her expertise on the current political and economic situation in Haiti, following the catastrophic earthquake in 2010 and subsequent natural disasters that resulted in major public health emergencies, about 300,000 displaced people, and severely damaged infrastructure. Despite these continuing poor conditions, Haiti’s TPS status is subject to termination. Bastien remarked, “We hope that Congress will take a close look at what’s going on in Haiti today…The conditions in Haiti continue to deteriorate. Haiti still qualifies for temporary protected status… TPS is still applicable, not only for the countries that qualify now, but for the countries in the future which may experience natural and political disasters.” Without its TPS re-instated, she said, Haiti does not have the capacity to resettle and support the 58,000 Haitians currently living in the U.S. Sui Chung, an attorney with the Immigration Law and Litigation Group in Miami, Florida, and Chair of the Immigration and Customs Enforcement Committee of the American Immigration Lawyers Association (AILA) stated that unless legislation like the American Dream and Promise Act, H.R. 6 is passed, TPS recipients remain at risk of being detained or deported. Chung remarked, “Although the federal courts have enjoined the termination of TPS for some countries, these court orders are temporary. If a higher court rules unfavorably, those with TPS would be vulnerable to losing authorization to work and reside in the U.S., and they would be subject to deportation.” Chung stated that 94 percent of individuals under TPS are employed, generating about $5.5 billion in federal, state, and local taxes, with roughly $25 billion spending power. According to Chung, losing this population could cripple the U.S. economy and harm communities.  Catherine Woollard, Secretary General of the European Council on Refugees and Exiles, described Europe’s decision-making process for protection status as an inconsistent and unfair “asylum lottery” She argued that the lack of fairness and uniformity in granting TPS originates from the selection process, where the decision to grant protection status is left solely to the discretion of the twenty-eight European Union Member States rather than a universal eligibility process. Woollard noted, “Our analysis shows that these different protection statuses have a wide variation when it comes to the rights attached. Key rights that are of interest and necessity for people who are seeking protection vary. If you have refugee status, your residence rights are for a longer duration. For subsidiary protection, less time is granted for residential rights. In some cases, there are very stark differences.”

  • Helsinki Commission Briefing to Explore Non-Asylum Protections in United States And Europe

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: PARTIALLY PROTECTED? Non-Asylum Protection in the United States and the European Union Friday, June 14, 2019 2:00 p.m. Rayburn House Office Building Room 2237 Live Webcast: www.facebook.com/HelsinkiCommission The United States and the European Union give legal protection to some people who flee armed conflict or natural disaster, but do not qualify as refugees. In the United States, the Secretary of Homeland Security designates countries of origin for “Temporary Protected Status” (TPS), enabling their nationals to legally remain in the United States and work until and unless the Secretary terminates the designation. Approximately 417,000 individuals from 10 countries currently have TPS, living in all 50 states, the District of Columbia, and U.S. commonwealths and territories. In 2018, more than 100,300 people were granted similar non-asylum protection, on an individual basis, across the 28 countries of the European Union. Since 2017, the United States has extended TPS for Somalia, South Sudan, Syria, and Yemen, and announced terminations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. Lawsuits have challenged the terminations. To date, Members of Congress have introduced at least 10 TPS-focused bills in the 116th Congress. This briefing will explore the background and implementation of non-asylum protection in the United States and Europe—including whether some European Union Member States are according this protection even when asylum claims are credible—legislative and legal responses, and implications for policy, law, and protection. The following panelists are scheduled to participate: Marleine Bastien, Executive Director, Family Action Network Movement Sui Chung, Attorney at Law, Immigration Law and Litigation Group, and Chair, Immigration and Customs Enforcement Committee, American Immigration Lawyers Association Jill H. Wilson, Analyst in Immigration Policy, Congressional Research Service Catherine Woollard, Secretary General, European Council on Refugees and Exiles Additional panelists may be added.

  • Curbing Corruption through Corporate Transparency and Collaboration

    The United Kingdom has implemented some of the world’s most innovative anti-corruption policies. In particular, its public beneficial ownership registry is the only active one of its kind and its Joint Money Laundering Intelligence Taskforce models effective collaboration between law enforcement and the private sector. This briefing examined these policies and the United Kingdom’s broader strategy to counter illicit finance. Panelists discussed how the United Kingdom implements its policies, their successes and shortcomings, and what remains to be done. Though U.S. corporate transparency proposals take a non-public approach, panelists also discussed the lessons that the United States can draw from the British experience. John Penrose, M.P., U.K. Prime Minister’s Anti-Corruption Champion, explained the reputational risks associated with money laundering in the U.S. and U.K. financial markets to the rules-based system. Penrose explained the British approach of establishing a beneficial ownership registry, saying, “What we are trying to do in the U.K. is we are trying to set up something which will effectively create a global norm to say let’s all have some kind of a register about who owns and controls these companies.  We’re not asking for the moon.  As I said, we don’t need to know everybody who owns a piece of every company.  We just need to know who the controlling minds and the controlling interests are.” Edward Kitt, Serious and Organized Crime Network Illicit Finance Policy Lead at the British Embassy in Washington, covered the issues the U.K is facing with their beneficial ownership policy. Kitt explained, “One challenge we have is feedback to financial institutions on suspicious activity reports. Often, financial institutions will submit suspicious activity reports and they don’t hear any feedback as to actually what was the utility of that, how useful was that.” Even considering the difficulty the policy has experienced, Kitt maintained, “It’s not just a talking shop; it delivers. And… it’s assisted in identifying and restraining in excess of £9 million.  So, the results are palpable.” Mark Hays, Anti-Money Laundering Campaign Leader at Global Witness and the sole American panelist, reflected on his company’s investigations into corruption: “Simply put, if the U.S. wants to continue to show this leadership we need to match the U.K.’s efforts in establishing some modicum of disclosure for beneficial ownership transparency for companies.” Hays continued, “If we don’t, not only will we be failing to live up to this leadership test, but we will put ourselves at greater risk for becoming a haven for bad actors and their ill-gotten gains.” Nate Sibley, Research Fellow for the Kleptocracy Initiative at the Hudson Institute, spoke to how the UK’s policies could transfer to the U.S. Sibley described a House Financial Services Committee bill, “introduced by Representative Carolyn Maloney called the Corporate Transparency Act,” that ensures companies disclose beneficial owners. He went on to explain that the bill “would create a private beneficial ownership register. So not a public one like they have in the U.K., but one that was accessible only to law enforcement, under very strict and controlled circumstances.” Sibley outlined the ways that the U.S. federal system changes the prospect of the registry logistics, but maintained that it would still work in the U.S.

  • Chairman Hastings on Confirmation of Ambassador Gilmore as U.S. Representative to the OSCE

    WASHINGTON—Following yesterday’s confirmation of Ambassador James S. Gilmore as the U.S. Representative to the Organization on Security and Cooperation in Europe (OSCE), Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “I congratulate Ambassador Gilmore on his confirmation as the U.S. Representative to the Organization for Security and Cooperation in Europe and look forward to working with him to promote human rights and comprehensive security in Europe and Central Asia. A strong U.S. voice at the OSCE is essential to demonstrating our dedication to common values and continuing to advance implementation of OSCE commitments.”

  • Shady Shipping

    Trade-based money laundering (TBML) is the process of disguising the proceeds of crime and moving value through trade transactions in an attempt to legitimize their illicit origins. This highly sophisticated form of money laundering has become a favorite method for transnational criminals, dictators, and terrorists to move ill-gotten gains to new jurisdictions. This event examined what TBML is, how it works, and why it has become such a ubiquitous method of laundering money. Panelists also discussed the broader interplay of illicit commerce, global corruption, and TBML. Finally, panelists recommended practical steps the United States and non-governmental organizations can take to counter TBML. David Luna, President and CEO of Luna Global Networks, shared his insights on the dark side of globalization and how it fits into the TBML paradigm. Luna outlined the need to increase understanding of the networks between illicit commerce and money laundering across legal and illegal means through convergence crimes. He spoke to the methodologies of “cleaning dirty money” utilized by kleptocrats, criminal organizations, and terrorist groups, while expressing the importance of tracing money and the value of goods to expose illicit crimes. Luna cited a 2015 World Economic Forum report to support his points, which estimated the value of transnational criminal activities between 8-15 percent of Gross Domestic Product, even by conservative standards, totaling around 80 trillion in the US market. John Cassara, retired Special Agent of the U.S. Department of the Treasury, spoke about the confusion surrounding TBML, both in understanding and enforcement. He explained that TBML is the largest method of money laundering because of excess ways to commit it: customs fraud, tax evasion, export incentive fraud, evading capitol controls, barter trade, and underground financial systems. Cassara explained how money is transferred under the noses of customs enforcement by undervaluing or overvaluing an invoice of an otherwise legal trade. Cassara asked, “If our highly trained police force can’t catch this, what about the rest of the world?” Lakshmi Kumar, Policy Director at Global Financial Integrity, described the difficulty with tracking TBML, both domestically and internationally. She outlined how domestic policy and law complicates internal tracking, while the lack of consistent transnational collaboration and information sharing complicates international tracking. Kumar spoke to the components of the trade chain and how hard it is to watch all the mechanisms with due diligence. Explaining the role of banks, Kumar noted that 80 percent of all international trade occurs through open account trading, in which banks aren’t involved or able to offer oversight. This allows for trade profits to be separated into various accounts, tricking the customs and enforcement agencies to enforce a lower level of taxation on the profits and the freights and allowing for TBML. In summary, even with world class law enforcement, the U.S. legal and financial frameworks needs to catch up in order to adequately combat TBML.

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