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Helsinki Commission Members Press Belgrade to Apprend Indicted War Criminals, Cooperate with Hague Tribunal
Monday, July 07, 2003

By Bob Hand
CSCE Staff Advisor

 

On June 16, 2003, Secretary of State Colin Powell certified that Serbia and Montenegro met U.S. criteria set forth in section 578 of the Consolidated Appropriations Resolution. These criteria include Serbia and Montenegro’s level of cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY). Without certification, certain bilateral assistance to Serbia would have been withheld.

Leading Members of the United States Helsinki Commission have long been concerned with the level of cooperation by the Government of Serbia and Montenegro with ICTY and have consistently urged the authorities in Belgrade to do more. Concerned Commissioners have sought to increase attention paid to developments in Serbia in the aftermath of the March assassination of reformist Prime Minister Zoran Djindjic. There is a general sense among Commission leaders that while Belgrade’s cooperation with the Tribunal has been improving, it still remains insufficient.

In the lead up to the June 15th certification deadline, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Member Rep. Benjamin L. Cardin (D-MD) participated in a Commission public briefing featuring Carla Del Ponte, Chief Prosecutor of the Tribunal. As of the May 15th briefing, Del Ponte characterized cooperation from Belgrade as uncertain, underscoring that movement comes only when it is seen as politically beneficial for the Serbian Government. She noted some cooperation in accessing documents; however, for more than a year, the prosecution has pushed for the transfer of 155 Serbian documents in connection with the Milosevic trial without success.

Del Ponte expressed concern over the failure to detain wanted fugitives – particularly Veselin Sljivancanin, indicted for the 1991 Vukovar massacre in Croatia, and Ratko Mladic and five others wanted in connection with the 1995 Srebrenica massacre in Bosnia-Herzegovina. “Mladic is a great mystery because we know where Mladic is,” she asserted. “We passed this information to the Serbian Government in Belgrade, and nothing happened.”

Del Ponte stressed that if law and order is to prevail criminal justice must be credible. Failure to bring together all those accused to trial frustrates the progress of the Tribunal and forces the witnesses to present repeatedly their own horrific accounts each time a separate case is brought to trial. She also assessed cooperation with Croatia, Bosnia-Herzegovina, and Kosovo during the course of the briefing.

In a letter dated May 23, five Members of the Helsinki Commission urged Secretary of State Colin Powell to utilize the time prior to the certification deadline to press authorities in Belgrade to take the steps necessary to meet the certification requirements. The Commissioners recognized the significant strides Serbia has made in cooperation with the Tribunal, but underscored that “a failure to apprehend Mladic and other notorious war criminals soon would be a serious setback to the cause of reform and recovery at home and further delay Serbia’s integration in Europe.” The letter was signed by Co-Chairmen Rep. Christopher H. Smith (R-NJ) and Senator Ben Nighthorse Campbell (R-CO), and Commissioners Rep. Steny H. Hoyer (D-MD), Senator Christopher J. Dodd (D-CT) and Rep. Benjamin L. Cardin (D-MD).

The United States Helsinki Commission held a second briefing on June 4, detailing Serbia and Montenegro’s cooperation with the Tribunal, and the prospects for human rights and democratic development in Serbia since the lifting of the state of emergency imposed after Djindjic’s assassination.

Helsinki Commission Senior Advisor Donald Kursch opened the briefing, welcoming the tough measures authorities in Belgrade have taken in the wake of Mr. Djindjic’s murder to crack down on criminal elements. Nina Bang-Jensen, Executive Director and General Counsel for the Coalition for International Justice, described Serbia’s actual cooperation with the Court as “very limited, begrudging, and only under pressure.” After last year’s certification, Serbia’s government promised a consistent pattern of cooperation, but only three surrenders and one arrest have followed.

Bang-Jensen cited the failure to apprehend nineteen Bosnian Serb and Serbian indicted suspects, either living within Serbia or frequently crossing into Serbia, as an indication that the current government is inclined to protect the old regime.

Elizabeth Andersen, Executive Director of the Europe and Central Asia Division of Human Rights Watch, recommended that the United States look not only at Serbia’s cooperation with the ICTY, but to its overall level of commitment to rule of law. Following Djindjic’s assassination in March, the Serbian Government imposed a state of emergency to crack down on organized crime. It is estimated that more than 10,000 people were held incommunicado for up to two months under this guise. International monitors were denied access to detainees until recently, and Andersen noted that released detainees reported widespread abuse.

Despite increasing pressure from the international community on Serbia’s domestic courts to shoulder greater responsibility for holding war criminals accountable, only four domestic trials were held this year. There is also no indication of upcoming trials or of a permanent commitment to such a process. Trials that have proceeded suffered from a lack of witness protection, poor case preparation by prosecutors, and problems facilitating witnesses traveling from other areas of the former Yugoslavia.

James Fisfis, Resident Program Officer for Serbia at the International Republican Institute, remained optimistic. Fisfis presented the results of an IRI survey suggesting that 56 percent of Serbian citizens believe the country is now on the right track, up from 38 percent before the assassination. Sixty-four percent of Serbian respondents currently support cooperation with The Hague, seeing it as a necessary measure toward gaining international acceptance. The data suggest a window of opportunity exists for pressure to reform to have an impact.

Ivan Vujacic, Ambassador of Serbia and Montenegro to the United States, acknowledged that “more can be done and more will be done” in cooperation with the Tribunal, but focused on the progress made over the last two and half years, which he described as “remarkable.” In particular, he pointed to the recent arrests of three “pillars of Milosevic’s rule”: Miroslav Radic, Franko Simatovic, and Jovica Stanisic.

Ambassador Vujacic said that the Serbian Government was highly committed to protecting human rights. He stated that during the war “the ultimate human right, the right to life was taken from the victims in atrocities defined as war crimes and crimes against humanity.” Vujacic promised that all indictees in the territory of Serbia and Montenegro will be arrested and transferred to The Hague.

A second Helsinki Commission letter to Secretary of State Powell dated June 12th, declared that certification could not be justified at the time. The letter concluded: “To certify would be detrimental to U.S. foreign policy goals supporting international justice and successful and complete democratic change in Serbia.”

The letter reiterated that the Serbian authorities had yet to arrest and transfer Mladic and other indictees who are most likely in Serbia, and even this did not define the full cooperation with the Tribunal desired. Commission Members warned that if certification occurred while the required conditions remained unmet, the United States’ ability to affect change in Serbia would be diminished, making it more difficult for Serbia’s political leadership to undertake necessary reforms.

Some Commission Members view the June 13 arrest of the indicted war crimes suspect Veselin Sljivancanin by the Belgrade authorities as an important positive step toward increased cooperation with the ICTY. However, continued failure to apprehend Mladic and other leading indictees remains a serious cause of concern that places barriers to Serbia and Montenegro’s full re-integration into the international community.

In a press release announcing certification, State Department spokesman Richard Boucher asserted that the Secretary’s decision to certify does not indicate that Serbia has fulfilled its commitment. “We have made clear ... that the United States expects further actions to be taken in order to meet those obligations,” Boucher said, “including by arresting and transferring Radovan Karadzic and Ratko Mladic.”

The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

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    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)

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

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

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

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

  • 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.

  • 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.

  • Co-Chairman Wicker, Sen. Sinema Introduce Legislation to Fight Illicit Tobacco Trade

    WASHINGTON—Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Sen. Kyrsten Sinema (AZ) today introduced the Combating the Illicit Trade in Tobacco Products Act (CITTPA) in the Senate. The bill was introduced by Helsinki Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Richard Hudson (NC-08) in the House in March as H.R.1642. “The illicit tobacco trade supports political corruption, organized crime, and terrorism worldwide. Our bill would take aim at this source of financing from these bad actors and the governments that enable them,” said Co-Chairman Wicker. “We’re combatting the illicit tobacco trade to protect Arizonans, strengthen our economy, and disrupt terrorist and criminal organizations who profit from such illegal activity,” said Sen. Sinema. The Combatting the Illicit Trade in Tobacco Products Act (CITTPA) would improve the U.S. Government’s ability to identify and deter those engaging in the trade of illicit tobacco. The bill would: Enable the United States to deter countries involved in the illicit trade in tobacco, and better assist its allies. The bill grants the Department of State the authority to withhold U.S. foreign assistance from those countries knowingly profiting from the illicit trade in tobacco or its activities. In countries where the government is working to stop these trafficking efforts, the Department of State would be able to provide assistance for law enforcement training and investigative capacity. Help the United States target individuals assisting in the illicit tobacco trade. It authorizes the President of the United States to impose economic sanctions and travel restrictions on any foreign individual found to be engaged in the illicit tobacco trade, and requires the president to submit a list of those individuals to Congress. Provide better information on countries involved with the illicit tobacco trade. The legislation requires the Department of State to report annually on which countries are determined to be a major source of illicit tobacco products or their components, and identify which foreign governments are actively engaged and knowingly profiting from this illicit trade. In July 2017, the Helsinki Commission held a hearing on illicit trade in tobacco products, which included testimony from academia, public health advocacy, and industry.

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