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hearing
European Energy Security Post-Russia
Tuesday, June 07, 2022Russia is weaponizing energy to prolong its unlawful invasion of Ukraine. Unfortunately, the sanctions that Europe and the United States have put in place have not been enough to curb Russian aggression thus far and the European Union pays Russia almost a billion euros a day for energy resources—mostly gas— that fund the Russian war machine. Germany, in particular, has struggled to move away from its dependence on Russian gas. At the start of the Russian invasion of Ukraine, Germany imported 55 percent of its gas from Russia. As of June 2022, Russian gas imports had decreased to 35 percent, with a goal to decrease to 10 percent by 2024, but progress is slow and buying any energy from Russia means that Germany continues to fund their unlawful invasion. Dr. Benjamin Schmitt, Research Associate at Harvard University and Senior Fellow at the Center for European Policy Analysis, pointed to the resurgence of Ostpolitik, a German diplomatic theory which seeks to build relationships and spread good governance through trade. First introduced in the Cold War era, Ostpolitik was put into action once more in the early 2000s by former Chancellor Gerhard Schroeder, who became infamous for lobbying for Kremlin-backed projects in office and for sitting on the board of the Russian state-owned energy company, Gazprom, after leaving office. However, Russia attempted to leverage such projects, including the Nord Stream 1 project and its ultimately bankrupted predecessor, Nord Stream 2, to increase the vulnerability of Western Europe toward Russia. According to Dr. Constanze Stelzenmüller, Senior Fellow at Brookings Institution, domestic political will exists in Germany to diversify energy sources, even if most are wary of making those changes immediately. German polling shows that one-third of Germans are willing to cut off Russian gas immediately, while two-thirds would prefer a slow gradual decrease in gas. Dr. Stelzenmüller explained that if Germany were to immediately cut off Russian gas supplies, it is likely that a recession would affect not only Germany, but also many surrounding Eastern European countries, most of which have less capacity to manage a recession. She stated, “Much of [Germany’s] manufacturing supply chains go deep into Eastern Europe. So, a recession in Germany would absolutely produce a massive, and perhaps worse, recession in our neighboring economies.” Any actions taken against Russia should ensure that sanctions hit Russia harder than those countries imposing the sanctions. Mr. Yuriy Vitrenko, CEO of Naftogaz Ukraine, and Dr. Schmitt also emphasized the importance of the following recommendations outlined in the REPowerEU plan, the European Commission’s plan to make Europe independent from Russian energy before 2030, and the International Working Group on Russia Sanctions Energy Roadmap: Full European/US embargos on Russian gas. Creation of a special escrow account that will hold net proceeds due to Russia until the Kremlin ceases all hostilities. Diversification of energy dependance away from Russia through energy diplomacy that identifies other potential suppliers, like Qatar. Funding and construction of energy infrastructure around Europe. Termination of Gazprom ownership of all critical energy infrastructure in Europe. Designation of Russia as a state sponsor of terrorism, which would automatically trigger secondary sanctions on any country that imports Russian goods. Sanctioning of all Russian banks. Strengthening of Ukrainian capacity to participate in the energy sector through the creation of modern energy infrastructure during the post-war reconstruction period. Pass the Stop Helping America’s Malign Enemies (SHAME) Act, banning former U.S. government officials from seeking employment by Russian state-owned-enterprises, or Schroederization. Related Information Witness Biographies
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press release
European Energy Security Focus of Upcoming Helsinki Commission Hearing
Thursday, June 02, 2022WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: EUROPEAN ENERGY SECURITY POST-RUSSIA Tuesday, June 7, 2022 2:30 p.m. Watch live: www.youtube.com/HelsinkiCommission The United States and European allies have largely cut Russia out of the global economy following its full-scale invasion of Ukraine. However, given European reliance on Russian natural gas and oil, sweeping energy sanctions have lagged. The European Union spends nearly a billion euros a day on Russian energy, and several EU Member States are struggling to wean themselves off Russian resources in order to implement a full embargo. This hearing will examine plans to create a Europe that is wholly free from Russian oil and gas. Witnesses will discuss the importance of a robust energy embargo to starving the Russian war machine; options to ensure that Ukraine’s energy needs are met; alternative sources of energy for Europe; and the perspective of Germany, which plays an outsize role as the most powerful economy in Europe and a primary consumer of Russian natural resources. The following witnesses are scheduled to participate: Yuriy Vitrenko, CEO, Naftogaz Ukraine Constanze Stelzenmüller, Senior Fellow, Brookings Institution Benjamin Schmitt, Research Associate, Harvard University; Senior Fellow, Democratic Resilience Program at the Center for European Policy Analysis
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hearing
Supporting Ukrainian Refugees
Wednesday, May 25, 2022More than 6 million Ukrainians have had to flee their country due to Russia’s brutal war of aggression. Most have entered bordering EU states, with more than half of those going to Poland. Poland and other frontline countries acted swiftly not only by opening their borders to Ukrainians, but also by enacting policies and legislation to provide them with temporary status, housing, job training, healthcare, and access to education. For its part, the Biden Administration announced that it will take in 100,000 refugees, opening a path for Ukrainians to obtain humanitarian parole in the United States. In addition, the United States has provided significant humanitarian assistance and support to countries hosting refugees. Nevertheless, as Russia’s bloody assault on Ukraine enters its third month, there is no end in sight to what has become the largest refugee crisis in Europe since World War II. Witnesses discussed the responses and challenges that frontline countries face in supporting Ukrainian refugees and how the United States might strengthen its policies in response, including by making the process of applying for visas more efficient. Related Information Witness Biographies
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press release
Support for Ukrainian Refugees to Be Discussed at Helsinki Commission Hearing
Friday, May 20, 2022WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: SUPPORTING UKRAINIAN REFUGEES U.S. Policy and Visa Issuance Wednesday, May 25, 2022 2:30 p.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission More than 6 million Ukrainians have had to flee their country due to Russia’s brutal war of aggression. Most have entered bordering EU states, with more than half of those going to Poland. Poland and other frontline countries acted swiftly not only by opening their borders to Ukrainians, but also by enacting policies and legislation to provide them with temporary status, housing, job training, healthcare, and access to education. For its part, the Biden Administration announced that it will take in 100,000 refugees, opening a path for Ukrainians to obtain humanitarian parole in the United States. In addition, the United States has provided significant humanitarian assistance and support to countries hosting refugees. Nevertheless, as Russia’s bloody assault on Ukraine enters its third month, there is no end in sight to what has become the largest refugee crisis in Europe since World War II. Witnesses will discuss the responses and challenges that frontline countries face in supporting Ukrainian refugees and how the United States might strengthen its policies in response, including by making the process of applying for visas more efficient. The following witnesses are scheduled to testify: Panel 1 Dana Francis, Acting Deputy Assistant Secretary of State, Bureau of Population, Refugees, and Migration,U.S. Department of State (TBC) Panel 2 H. E. Marek Magierowski, Ambassador of Poland to the United States Irina Manelis, Esq., Principal, Manelis Law
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hearing
Russian War Crimes in Ukraine
Wednesday, May 04, 2022Well-documented Russian bombings and missile strikes in Ukraine have decimated hospitals, schools, and apartment buildings, including a theater in Mariupol where hundreds of children were sheltering and the Kramatorsk rail station where thousands were waiting to escape the Russian onslaught. The withdrawal of Russian troops from towns like Bucha, Chernihiv, and Sumy has revealed horrific scenes of civilian carnage, mass graves, and reports of rape and torture. Several world leaders have accused Russia of committing genocide against the people of Ukraine. In March, 45 Organization for Security and Cooperation in Europe (OSCE) states began proceedings to “establish the facts and circumstances of possible cases of war crimes and crimes against humanity…and to collect, consolidate, and analyze this information with a view to presenting it to relevant accountability mechanisms.” The resulting report, issued on April 14, found “clear patterns of international humanitarian law violations by the Russian forces” and recommended further investigations to “establish individual criminal responsibility for war crimes.” The Government of Ukraine, Ukrainian NGOs, and the International Criminal Court are collecting evidence for use in future legal proceedings. Witnesses at the hearing discussed the findings of the OSCE report, examined evidence being collected to document Russian war crimes in Ukraine, and analyzed paths to bring perpetrators to justice. Related Information Witness Biographies
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press release
Helsinki Commission Regrets Closure of OSCE Special Monitoring Mission to Ukraine
Monday, May 02, 2022WASHINGTON—On April 28, the OSCE announced that Russia had definitively forced the closure of the Special Monitoring Mission (SMM) to Ukraine, following its veto of the mission’s mandated activities as of April 1. In light of this announcement, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “Moscow’s choice to force the closure of the OSCE Special Monitoring Mission to Ukraine is only its latest offense against the rules-based international order. The brave monitors and staff who served the mission, in place since 2014, did exactly what they were supposed to do. Despite continual harassment and under constant threat, they reported objectively on ceasefire violations, informing the international community about the brutal reality of Russia’s war against Ukraine. The monitors’ clear and continuous reporting allowed the world to draw its own conclusions about the roots of Russia’s aggression. Moscow’s move to force the mission to close only underlines its desire to hide this ugly fact. “As we commend the service of these brave monitors and condemn Russia’s obstruction, we renew our call on Moscow to immediately release all Ukrainian SMM staff members who have been detained in occupied parts of Ukraine. “We also mourn the recent loss of Maryna Fenina, a Ukrainian national serving with the SMM who was killed by Russia’s shelling in Kharkiv on March 1, and we will never forget American paramedic Joseph Stone, who was killed while serving in support of the mission when his vehicle struck a landmine in Russian-controlled territory in eastern Ukraine on April 23, 2017.” The SMM was established in 2014 as an unarmed, civilian mission and served as the international community’s eyes and ears on the security and humanitarian situation in the conflict zone. It operated under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia, and Ukraine.
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press release
Helsinki Commission Leaders Condemn Detention of OSCE Officials by Russian-Led Forces in Ukraine
Tuesday, April 26, 2022WASHINGTON—Following the detention of four Ukrainian nationals serving as members of the OSCE Special Monitoring Mission in Russian-controlled areas of eastern Ukraine who reportedly were accused of illegal activities including treason and espionage, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “The targeting and detention of OSCE officials by Russian-controlled forces is utterly unacceptable. Those detained must be released immediately. We will hold Russian officials responsible for any mistreatment they suffer.” On April 24, the Organization for Security and Cooperation in Europe (OSCE) confirmed that four Ukrainian staff members of the OSCE Special Monitoring Mission to Ukraine (SMM) had been detained and held “for engaging in administrative activities that fall within their official functions as OSCE staff.” The SMM had served a critical function as the eyes and ears of the international community in the conflict zone since 2014, until a Russian veto forced its mandated activities to cease on April 1. Since then, Ukrainian mission members had been carrying out minimum necessary administrative tasks focused on efforts to ensure the safety and security of its mission members, assets, and premises throughout Ukraine, including in Russian-controlled areas.
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press release
Helsinki Commission Urges OSCE PA to Adopt Ukrainian Declaration Recognizing Russia’s Actions as Genocide
Monday, April 25, 2022WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09), who serves as Head of the U.S. Delegation to the OSCE Parliamentary Assembly (PA), along with other Helsinki Commissioners who hold leadership roles in the commission and the OSCE PA, today released a letter urging the assembly to adopt a declaration by the parliament of Ukraine that recognizes Russia’s actions in Ukraine as genocide. Co-Chairman Cohen was joined in the letter to OSCE PA President Margareta Cederfelt by Chairman Sen. Ben Cardin (MD), who serves as the OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance; Senate Ranking Member Sen. Roger Wicker (MS), who serves as an OSCE PA vice-president; Commissioner Rep. Richard Hudson (NC-08), who chairs the OSCE PA Committee on Political Affairs and Security; and House Ranking Member Joe Wilson (SC-02). The letter read in part: “It is clear to us that Russian dictator Vladimir Putin and his military regime are engaging in acts of genocide against Ukraine and its people and we urge the OSCE PA to also endorse the Rada’s declaration and issue a similar statement. “We do not come to this conclusion lightly, and we recognize the importance of precision in employing such terminology. However, given the overwhelming evidence—from Putin and his regime’s many comments denying the existence of Ukrainian nationhood and the deliberate targeting of civilians, to the wholesale destruction of Mariupol, the mass graves that now pockmark Ukrainian lands, and reports of forced deportation of Ukrainian people including children to Russia where they are being indoctrinated in “reeducation camps” in attempts to destroy Ukrainian identity—we cannot be silent. The OSCE PA must raise its voice and speak with unity and unmitigated clarity about the unspeakable horrors that are unfolding in Ukraine and be truthful about what is happening there… “Given Russia’s disregard for the 10 Helsinki principles guiding relations between participating States, its manipulation of OSCE rules for its own destructive ends, and its encouragement of neighboring Belarus to be complicit in its war crimes and genocidal actions, the Parliamentary Assembly should make clear where we as a credible body stand. Russia’s horrific war of choice in Ukraine and this unfolding genocide must be described just as it is.” The full letter is available online.
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press release
Helsinki Commission Leaders Mourn the Death of Finnish Politician Ilkka Kanerva
Tuesday, April 19, 2022WASHINGTON—Following the death of Finnish parliamentarian Ilkka Kanerva, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “We are saddened by the death of our former OSCE colleague Ilkka Kanerva. We send our deepest condolences to his family and friends. “An outspoken advocate for democracy and human rights, Ilkka was the only person to have served as both the OSCE Chairman-in-Office and the president of the OSCE Parliamentary Assembly. “He was first elected to the Finnish parliament in 1975, the year the Helsinki Final Act was signed, and started his tenure as president of the OSCE Parliamentary Assembly in 2014, the year Russia first invaded Ukraine. He was an able leader who shaped the OSCE PA’s robust response at that time, speaking out against Russia’s violation of its OSCE commitments and its violation of the territorial integrity and sovereignty of Ukraine. “Ilkka will be missed.” Ilkka Kanerva served as the OSCE Chairman-in-Office in 2008 and as president of the OSCE Parliamentary Assembly (PA) from 2014 to 2016. He subsequently served as OSCE PA president emeritus and remained active as a member of the Finnish delegation to the OSCE PA.
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press release
Helsinki Commission Remembers Late Chairman Alcee Hastings
Wednesday, April 06, 2022WASHINGTON—On the anniversary of the death of former Helsinki Commission Chairman Alcee Hastings of Florida, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “Alcee Hastings was a giant in foreign affairs, knowledgeable on all issues relating to security in Europe. As the only American to serve as President of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly, he led that organization in cementing its members’ commitment to peace, security and human rights. Wherever he traveled on OSCE business, he was universally respected and liked. A year after his passing, he remains a revered figure and world-renowned leader.”
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press release
Helsinki Commission Recognizes Key Contributions from Allies and Partners
Tuesday, March 08, 2022WASHINGTON—In light of Russia’s continued criminal war on the peaceful citizens of Ukraine, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “Russian dictator Vladimir Putin’s barbaric war against the Ukrainian people has inspired global outrage and condemnation. Many countries have risen to the moment, especially our Baltic Allies, Poland, and Romania. We also recognize those other OSCE participating States that have taken particular risks and stepped up during this moment of great danger and clear moral purpose. “We thank the Government of Turkey for its significant and robust support for Ukraine. Turkey has long been among Ukraine’s most ardent and consistent advocates, and its closure of the Bosporus and Dardanelles Straits to warships from Russia and Ukraine, consistent with the Montreux Convention, effectively supports Ukraine and the cause of European security. Turkey plays an indispensable role as a NATO Ally and strategic linchpin in Europe. We look forward to working closely with our Turkish allies on additional steps to support Ukraine. “We also recognize Moldova for serving as a safe haven for refugees and for its strong support for Ukraine’s territorial integrity. To date, on a per capita basis, Moldova has welcomed more refugees than any other country. Despite limited resources and the unlawful presence of Russian troops on its soil, President Maia Sandu and the Government and people of Moldova have shown their mettle. We congratulate Moldova on its European Union application. We see your heroic efforts and will continue to work diligently towards supporting Moldova’s transatlantic aspirations. “In addition, despite initially concerning and confusing statements, we applaud the Government of Georgia for its increasingly robust support for the people of Ukraine, particularly given Russia’s threats and occupation of Georgia’s territory. We are grateful for Georgia’s co-sponsorship of the UN General Assembly resolution condemning the Russian invasion of Ukraine, its participation in a call for the International Criminal Court to investigate Russian war crimes, and the strong statements of support by Georgian President Salome Zourabichvili in particular. We congratulate Georgia on its application to the European Union and look forward to doing our part to reinvigorate our bilateral partnership and deepening our transatlantic bond. “We are moving to limit Russia’s ability to wage war on its neighbors and will work closely with our friends to navigate this dangerous moment in history.” On February 28, the Turkish government exercised its authority as a custodian of the Bosporus and Dardanelles Straits, per the 1936 Montreux Convention, and closed their use to warring parties in the Black Sea. On March 2, Turkey provided the Ukrainian military with additional Bayraktar TB2 unmanned aerial combat vehicles. Since Russia launched a full-scale invasion of Ukraine on February 24, Moldova was among the first to open its borders to Ukrainian refugees and hosts more refugees per capita compared to any other European state. Russia illegally maintains a garrison of approximately 1,500 troops on Moldovan territory in Transnistria and supports a separatist government. On March 2, the Government of Georgia co-sponsored a UN General Assembly resolution that condemned Russia’s war against Ukraine. On the same day, Georgia joined 37 other countries formally calling for an International Criminal Court investigation of Russian war crimes in Ukraine.
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article
At OSCE PA Winter Meeting, U.S. Legislators Unite with International Counterparts to Condemn Putin’s Invasion of Ukraine
Monday, March 07, 2022By Ryn Hintz, Max Kampelman Fellow From February 20 – 26, 2022, Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) led a bipartisan Congressional delegation to the Winter Meeting of the OSCE Parliamentary Assembly (OSCE PA) in Vienna, where he served as the Head of the U.S. Delegation. Other participating Helsinki Commissioners included Ranking House Commissioner Rep. Joe Wilson (SC-02), and Commissioners Rep. Robert Aderholt (AL-04), Rep. Richard Hudson (NC-08), and Rep. Marc Veasey (TX-33). They were joined on the delegation by Rep. Sheila Jackson Lee (TX-18). Ranking Senate Commissioner Sen. Roger Wicker (MS) and Rep. Chris Smith (NJ-04) participated remotely as members of the U.S. Delegation. The OSCE PA, consisting of 323 legislators from the 57 countries of the OSCE, has been particularly useful in defending democracy and promoting security in the face of numerous threats and challenges across the OSCE region. The Winter Meeting, held in a hybrid format due to ongoing but easing COVID restrictions, allows parliamentarians an opportunity to engage OSCE officials and diplomatic representatives, as well as to initiate work for the coming year. Prior to the Winter Meeting, the delegation visited Lithuania to demonstrate the strong U.S. support for this close NATO ally, which not only faces security threats on its borders but also provides refuge to independent voices from Russia and Belarus. OSCE PA Winter Meeting The 2022 Winter Meeting coincided with Russian dictator Vladimir Putin’s large-scale invasion of neighboring Ukraine, a horrific escalation of a conflict that began with Russia’s illegal occupation of the Crimean Peninsula in 2014 and ongoing aggression in the eastern portion of Ukraine. Ahead of the Winter Meeting, the OSCE PA Secretary General Roberto Montella and members of OSCE PA leadership (including Sen. Wicker as a Vice President and Rep. Hudson as Chair of the Committee on Political Affairs and Security) met in an emergency session and issued a statement condemning the Kremlin invasion as a “clear and gross violation of the most basic norms of international law as well as OSCE principles and commitments.” The group also issued a subsequent statement standing “in solidarity with the people of Ukraine and its elected government” and noting the “extraordinary courage” exhibited by “civilians, the armed forces and national leaders, including President Volodymyr Zelensky.” Statements condemning Vladimir Putin for the deliberate assault of Russian forces on Ukraine dominated the formal sessions of the meeting, despite an agenda originally designed to consider ongoing OSCE PA work on a wide range of issues. Co-Chairman Cohen spoke for the United States, decrying Putin’s claim that the Ukrainian government is led and run by Nazis. In a poignant end to the Standing Committee’s second session, the Ukrainian Head of Delegation, Mykyta Poturaiev, reported on violence in his neighborhood of Kyiv and bid farewell as he sought to return to his family in Ukraine. The 2022 Polish Chair-in-Office of the OSCE for 2022 outlined Poland’s priorities in an utterly transformed era in European security. During the general debate, nominally on the topic of “security guarantees and the indivisibility of security in Europe,” delegations resumed their near-universal condemnation of Putin’s invasion of Ukraine. Rep. Hudson opened the meeting of the Committee on Political Affairs and Security by denouncing the invasion of one participating State by another, in total opposition of Helsinki principles. He also underlined the committee’s particular relevance in the context of the security crisis precipitated by Russia, a view reinforced by a panel of senior OSCE officials present as guest speakers. Finally, Rep. Hudson moderated a debate on “heightened tensions in the OSCE area and the need for inter-parliamentary dialogue.” The debate focused heavily on the attack on Ukraine, with Sen.Wicker remotely joining those in Vienna condemning Russia’s outrageous behavior, and Rep. Jackson Lee forcefully urging members to recall the role of the Belarusian government in the events leading to the invasion. In the economic and environmental affairs committee, Rep. Smith spoke alongside OSCE official Valiant Richey about their efforts as special representatives on human trafficking issues of the Parliamentary Assembly and the OSCE, respectively. They specifically discussed supply chains as they relate to human trafficking matters. Representative Wilson spoke for the United States in the subsequent debate. In the committee dealing with democracy and human rights, Rep. Wilson condemned Russian human-rights violations in occupied Ukraine and in Russia itself, as well as ongoing repression in Belarus. Rep. Aderholt defended free media in his statement to the committee following presentations by recent Nobel laureate and Novaya Gazeta editor Dmitriy Muratov and OSCE Representative on Freedom of the Media Teresa Ribeiro. On the margins of the Winter Meeting, the U.S. delegation gathered key parliamentarians from a range of participating States over dinner, fostering an opportunity for frank and candid exchanges of views on important topics confronting the OSCE. The event emphasized the depth of the U.S. commitment to European security, going beyond diplomatic representatives to include elected Members of Congress. The delegation also was briefed by diplomats representing the United States in the OSCE, including Ambassador Michael Carpenter, and held bilateral meetings with the heads of the Azerbaijani and Mongolian OSCE PA Delegations. Visiting Lithuania The delegation’s presence in Europe also afforded an opportunity to visit Lithuania to underscore U.S. support for a crucial NATO ally at a time of deep concern caused by Russian aggression. In Vilnius, the delegation met with Lithuanian President Gitanas Nauseda, Prime Minister Ingrida Simonyte, Foreign Minister Gabrielius Landsbergis, and senior members of the Lithuanian Parliament (Seimas) to discuss the Russian assault on Ukraine, the deterioration of regional security, and Lithuania’s values-based foreign policy, including relations with China. Officials emphasized to the delegation the game-changing nature of recent developments, especially the total capitulation of the Lukashenko regime in Belarus to Moscow. These actions resulted in a dramatically more challenging situation on Lithuania’s border, leaving the country essentially no warning should Putin choose to act against the Baltic states. The delegation also visited the Pabrade Training Area, a Lithuanian initiative which provides facilities for U.S. and Allied military activities in the region. Members also met with Belarusians and Russians who had fled to Lithuania to avoid persecution, including Sviatlana Tsikhanouskaya and other opposition leaders, civil society organizations, and the media.
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press release
Helsinki Commission Mourns Death of Ukrainian OSCE Mission Member During Russian Attack on Kharkiv
Thursday, March 03, 2022WASHINGTON—Following the death of a Ukrainian member of the OSCE Special Monitoring Mission (SMM) in Ukraine during a Russian attack, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “We are saddened and angered by the tragic death of Maryna Fenina, a Ukrainian member of the OSCE Special Monitoring Mission (SMM) in Ukraine, during shelling in Kharkiv on March 1. We offer our deepest condolences to her family and friends. “Russian dictator Vladimir Putin’s ruthless attack against the people of Ukraine is targeting men, women, and children; destroying homes, businesses, and cultural treasures; and forcing millions to flee for their lives. Putin’s unprovoked war is shredding the European security architecture that brought peace after the Second World War. Individuals like Maryna Fenina remind us of the terrible human toll of war. “Russia must cease its brutal and criminal invasion and withdraw its forces from the sovereign territory of Ukraine.” Maryna Fenina was the second OSCE SMM member to die as a result of Russia’s aggression against Ukraine. Joseph Stone, a U.S. paramedic serving with the SMM, was killed In April 2017 when his vehicle struck a landmine in Russian-controlled territory in eastern Ukraine. The SMM was established in 2014 to monitor implementation of the Minsk agreements, which were designed to bring peace to eastern Ukraine. It is an unarmed, civilian mission that has served as the international community’s eyes and ears on the security and humanitarian situation in the conflict zone. On February 25, the SMM decided to withdraw its international mission members from Ukraine. Ukrainian national mission members remain in the country.
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press release
Co-Chairman Cohen Leads Bipartisan Congressional Delegation to Defend Democracy and Ukrainian Sovereignty at OSCE PA Winter Meeting
Monday, February 28, 2022WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) last week led a bipartisan Congressional delegation to the Winter Meeting of the OSCE Parliamentary Assembly (PA) in Vienna, Austria, which focused almost exclusively on responding to the full-scale Russian assault on Ukraine. A sizable and active U.S. presence at the hybrid event helped generate nearly united condemnation of the Kremlin attack and provided assurance of the U.S. commitment to European security during a time of great uncertainty. “Our bipartisan delegation actively and adamantly defended Ukraine’s rights as a sovereign nation in the face of unchecked Russian aggression,” said Co-Chairman Cohen. “The European security architecture that has supported peace and prosperity on the continent and around the world for decades must not be allowed to crumble at the whim of a dictator with grandiose aspirations of returning to some imagined past glory. It is long past time that democratic nations—including all other OSCE participating States—unite to firmly put Putin back where he belongs: isolated and outside the bounds of international society.” Other members of Congress traveling to Vienna included Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02), Commissioners Rep. Robert Aderholt (AL-04), Rep. Richard Hudson (NC-08), and Rep. Marc Veasey (TX-33), as well as Rep. Sheila Jackson Lee (TX-18). Remote participants in the Winter Meeting included Ranking Member Sen. Roger Wicker (MS) and Rep. Chris Smith (NJ-04). Although the meeting included a wide range of OSCE issues of concern, Russia’s brazen invasion of Ukraine dominated all discussion. “Fundamental underpinnings of our security order, including commitments to respect other countries’ territorial integrity, sovereignty, and choices of security alliances, are at this moment being breached, flagrantly and deliberately, by one of our participating States, which is—as we speak—conducting an unprovoked invasion of another participating State,” said Rep. Hudson, who chairs the OSCE PA General Committee on Political Affairs and Security. “If Vladimir Putin succeeds in Ukraine, he will not stop there—just as he did not stop with Transnistria, Abkhazia, South Ossetia, Crimea, and the Donbass. How can any of us realistically believe he will stop with Ukraine?” asked Sen. Wicker, who serves as a vice-president of the OSCE PA. “According to Putin’s twisted rationale, every former republic of the USSR is at risk. NATO is at risk. Every member of the peace-loving international community is at risk of being swept up into this conflict.” Members of the U.S. delegation directly challenged the egregious assertions of the few Russian delegates who attempted to justify their country’s naked aggression. Other issues raised by the U.S. delegation included human rights violations within Russia, as well as in Belarus and in areas of Ukraine under illegal occupation; ongoing concerns regarding human trafficking; and the assault on free media throughout the OSCE region. Ahead of the Winter Meeting, members of the in-person delegation traveled to Lithuania to underscore U.S. support for a crucial NATO Ally at a time of deep concern caused by Russian aggression. In Vilnius, they met with Lithuanian President Gitanas Nauseda, Prime Minister Ingrida Simonyte, Foreign Minister Gabrielius Landsbergis, and senior members of the Lithuanian Parliament (Seimas) to discuss the Russian assault on Ukraine, the deterioration of regional security, and Lithuania’s values-based foreign policy, including relations with China. The delegation also visited the Pabrade Training Area for briefings on U.S. and Allied military activities conducted in the region, and met with Belarusians and Russians who have fled to Lithuania to avoid persecution, including Sviatlana Tsikhanouskaya and other opposition leaders, members of the business community, civil society organizations, and the media.
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statement
Co-Chairman Cohen Discusses European Unity Against Russia
Monday, February 28, 2022Mr. Speaker, last week, I led a bipartisan group to visit Lithuania and the OSCE meeting in Vienna, Austria. In Lithuania, we met with the leaders and assured them of America’s Article 5 responsibilities and commitments in case Russia comes into Lithuania. They are very concerned. We met with our troops, who are 6 kilometers away from Russian troops stationed in Belarus. We then went to the OSCE in Vienna, and we led a strong response to support Ukraine and oppose an unbelievable invasion by the cruel Vladimir Putin. The European community is united, except for Russia and Belarus, in opposing the intrusion. Vladimir Putin is not operating in a rational manner. His KGB history and his extreme response to COVID have driven him to a delusional, paranoid, and dangerous state. It concerns all. I appreciate the actions of our President in supporting our country. I support President Zelensky, who is the Maccabee of his era, but the candle has only lasted so long. We need to get him more oil.
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press release
Ahead of OSCE PA Winter Meeting, Co-Chairman Cohen Reiterates Support for Ukrainian Sovereignty
Thursday, February 17, 2022WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) today issued the following statement: “Over the upcoming Congressional recess, I am proud to be leading a bipartisan, bicameral delegation to the Winter Meeting of the OSCE Parliamentary Assembly. In today’s climate of global uncertainty, engagement between foreign officials and members of Congress offers reassurance to U.S. allies about the commitment of the United States to peace, security, and prosperity in Europe and beyond. “Our delegation also will take the opportunity to visit other NATO Allies to consult with government officials in light of the unprecedented number of Russian forces deployed in and around Ukraine. While we originally planned to stop in Kyiv, the relocation of embassy staff necessitated the unfortunate cancellation of that portion of our itinerary. However, I would like to take this opportunity to reassure the Government of Ukraine of the steadfast support of Congress for Ukrainian sovereignty and territorial integrity in the face of Russian aggression. Rest assured we will bring up support for your nation’s security at the OSCE PA meetings.”
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Chairman Cardin, OSCE participating States Commit to Countering Anti-Semitism at Annual Conference in Warsaw
Tuesday, February 15, 2022By Ryn Hintz, Paulina Kanburiyan, and Worth Talley, Max Kampelman Fellows, and Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE On February 7 – 8, 2022, the OSCE’s Polish Chair-in-Office organized a high-level conference in Warsaw on Combating Anti-Semitism in the OSCE Region with the support of OSCE’s Office for Democratic Institutions and Human Rights (ODHIR). During the event, government officials, experts, civil society organizations, and the private sector underscored the ongoing threat that anti-Semitism poses not only to Jewish communities, but to democracy everywhere, and the shared responsibility to fight it. In a series of exchanges with experts over two days, more than 100 participants from over 25 countries unilaterally condemned anti-Semitism, Holocaust denial, discriminatory prohibition of religious practices, and other manifestations of prejudice against the Jewish community. They also discussed innovative history education, youth engagement, and legislative responses to foster Jewish life. Helsinki Commission Chairman Sen. Ben Cardin, who also serves as the OSCE Parliamentary Assembly’s Special Representative on Anti-Semitism, Racism, and Intolerance, opened the event by underscoring the need for sustained, coordinated action to end the pervasive anti-Semitism plaguing the OSCE region. “Although recalling the Holocaust is painful, it seems as if we have not fully learned our lesson,” he said. Law Enforcement: A Partner in Combating Hate Speech and Scapegoating OSCE Personal Representative on Combating Anti-Semitism Rabbi Andrew Baker led a session where panelists highlighted the rise in anti-Semitic hate speech, scapegoating, and conspiracy theories since the onset of the global pandemic. Participating States then shared effective national policies and strategies, including best practices of partnering with law enforcement. Addressing Anti-Semitism Online: A Shared Responsibility OSCE Advisor on Combating Anti-Semitism Mikolaj Wrzecionkowski moderated a discussion on steps the private sector, civil societies and governments can take to combat the spread of anti-Semitism online, including actively challenging anti-Semitic algorithms and hashtags, appointing points of contact to address concerns about anti-Semitic content, and promoting educational initiatives among young people, educators, and companies to increase media literacy. The United Kingdom’s Special Envoy for Post-Holocaust Issues, Rt. Honorable Lord Eric Pickles, again underscored the importance of joint action. “At a time of distortion and contempt for our fellow human beings, we need to be able to see our own faces in the faces of strangers,” he stated. Beyond Combatting Anti-Semitism: The Need to Actively Foster Jewish Life Dr. Felix Klein, Federal Government Commissioner for Jewish Life in Germany and the Fight against Anti-Semitism, led a discussion on the challenges and successes of states, cities, and societies in fostering vibrant Jewish communities to both resist the spread of anti-Semitism and uplift Jewish history, culture, and tradition. Panelists shared examples of initiatives to restore cemeteries and monuments, open museums, and compile educational and cultural resources online. Rabbi Pinchas Goldschmidt, President of the Conference of European Rabbis, illustrated the interconnectivity between fostering Jewish life and democracy by discussing recent legislative backlash against Jewish religious practices like circumcision and kosher preparation of meals, further stressing that regulations on these practices must not be prohibitive and should be formed in collaboration with Jewish communities. The Centrality of Education to Address Anti-Semitism and Anti-Roma Discrimination A session moderated by Kishan Manocha, ODIHR’s Head of the Tolerance and Non-Discrimination Department, highlighted the importance of new and innovative education initiatives to address root causes of anti-Semitism and anti-Roma discrimination. Panelists highlighted the need for cross-cultural exposure to combat anti-Semitic and anti-Roma attitudes and build greater connections between those inside and outside Jewish and Roma communities. Policymakers noted the ability to use interactive and digital tools to address histories of discrimination, related not only to the Holocaust but also to Jewish history and contributions to culture and the world. Despite advancements, participants acknowledged that challenges remain: online courses suffer from low completion rates and some curricula address the subject of anti-Roma discrimination only tangentially. Panelists agreed that addressing anti-Roma discrimination also requires a holistic, inter-curricular approach that builds upon knowledge both of the genocide of Roma and Sinti, and of their histories and cultures. To close the conference, Plenipotentiary of Poland’s Ministry Foreign Affairs, Ambassador Paweł Kotowski called on participants to continue their important work to defeat anti-Semitism and anti-Roma discrimination.
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By Erika B. Schlager
Counsel for International Law
On September 10, 2003, the Commission on Security and Cooperation in Europe (the Helsinki Commission) held a briefing to assess the status of governmental efforts to provide restitution of, or compensation for, property wrongfully seized in Europe under communist and Nazi rule. Ambassador Randolph M. Bell, Special Envoy for Holocaust Issues, provided an update on developments since his participation in the Commission's July 2002 hearing on this subject.
Helsinki Commission Ranking Member Benjamin L. Cardin (D-MD) chaired the September 10 briefing, noting that "this issue will continue to be on our agenda until we accomplish the objectives of transparent laws in all of the states [and] fair and just compensation for the properties that were unlawfully taken during the Nazi and communist years." The Helsinki Commission has previously held three hearings specifically on these issues.
In a related development, on October 13, Commission Chairman Rep. Christopher H. Smith (R-NJ), Mr. Cardin, Commissioner Rep. Joseph R. Pitts (R-PA), and Representative Jo Ann Davis (R-VA) met with Polish officials in Warsaw to raise directly their concerns regarding Poland's failure to adopt any private property restitution or compensation law at all. Members met with Piotr Ogrodzinski, Director of the Americas Department at the Polish Ministry of Foreign Affairs, Andrzej Szarawarski, Secretary of State at the Ministry of the Treasury, and Under-Secretary of State Barbara Misterska-Dragan.
The Members reminded their interlocutors that President Kwasniewski and Foreign Minister Cimoszewicz gave their personal assurances to congressional leaders (including Chairman Smith) in a meeting with House Speaker Dennis Hastert in July 2002 that a private property law would be ready by the beginning of 2003. Notwithstanding this pledge, the Government of Poland has failed to submit such a law to parliament. In Warsaw, Members voiced acute frustration at continuing delays and urged the Polish Government to move quickly on this time-sensitive issue.
Briefing Reviews Mixed Record
In his introductory remarks, Ambassador Bell stressed that a number of measures must be in place for effective restitution: open access to archival records, uniform enforcement of laws, clear procedures, and provisions for current occupants of property subject to restitution. Uniform, fair, and complete restitution is necessary to establish the rule of law and to safeguard rights and freedoms in many countries, he noted. Ambassador Bell also suggested that restitution can facilitate reform and thereby help countries gain entry into multilateral institutions.
Most OSCE countries working toward restitution are making slow but steady progress on the return of communal property, such as educational, church, and hospital buildings. According to Bell, some countries have nearly completed the return of such property, including Slovakia, Slovenia, and Bulgaria.
In other instances, returning property to its owners, or reimbursing them, is fraught with political obstacles. "While leaders may achieve our praise for facing these issues, they often gain little or nothing in the way of parliamentary support at home for doing so," Bell said. Speaking from the audience, one observer suggested that restitution often stalls when it becomes a political issue that leaders can manipulate and that economic challenges in restitution create further challenges. He added that politicians should speak more frequently and positively about their experiences restoring property to the rightful owners. "This is a part of the process of becoming an open democratic society, part of the family of Western nations," he said.
Progress has been frustratingly slow, acknowledged Commissioner Cardin. The Commission has frequently encountered barriers to restitution, such as residency or citizenship requirements and management of funds under different domestic laws. "We have found that we have gotten commitments from the leaders of countries, only to find that those commitments are not really carried out," Cardin said.
Another audience member expressed concern that the Slovenian Government has discriminated against American property owners, arguing that as foreigners, they were less likely to have property returned in Slovenia. Ambassador Bell noted that even when a court does rule in favor of a claimant, the Slovenian Government has the ability to appeal for a reversal. He said the State Department would continue to press for fair property returns in Slovenia.
A few countries came in for particular criticism during the briefing. "I am following the advice of our chairman, Chairman Smith, when he says that we have to start naming countries and naming practices, because we cannot let this continue," Mr. Cardin said. "The current situation is not acceptable in Poland or in Romania or in the Czech Republic."
Poland
Poland has failed to adopt any law providing for private property restitution or compensation. In meetings with congressional leaders last July, visiting President Aleksander Kwasniewski and Foreign Minister Wlodzimierz Cimoszewicz gave assurances that a draft private property law would be ready by early 2003. The government has yet to submit a draft to the parliament.
Ambassador Bell urged Poland to make good on its promises to return private property to its rightful owners. "To delay action will only make it more difficult to address this issue down the road," he said.
Romania
Property restitution in Romania since the fall of communism has been slow and ineffective. The laws enacted by the government to address the problem lack transparency, are complex, and have not been properly implemented.
The law governing the restitution of private property was enacted in February 2001 and provided a one-year deadline for filing claims. Documentary proof of those claims was required to be submitted by August 2002. This deadline was revised several times and finally set for May 14, 2003, due to the fact that claimants were experiencing great difficulty in obtaining from state archives the necessary documents to support their claims. More than two and a half years after enactment of the restitution law, the government finally promulgated regulations governing the documentation necessary to support property claims--on May 14, 2003, the same day as the deadline for filing those claims. Of 210,000 claims registered, only 6,300 properties have been returned.
Commissioner Cardin described one Romanian case that suggests the kinds of struggles involved with restitution. The claimant in that case had clear title to the property and had won multiple cases in court--but was still unable to regain the property because the government would not relinquish it. Ultimately, the property was returned because of the international publicity it generated.
Czech Republic
The Czech Republic's restitution laws limit redress for confiscated properties to people who are currently citizens of the Czech Republic. Prior to 1999, Czech law prohibited naturalized U.S. citizens from having dual Czech and American citizenship. In order to participate in the property restitution program, therefore, Czech-Americans had to renounce their U.S. citizenship and few, if any, Czech-Americans exercised this option. In other words, at the same time the Czech Republic was being welcomed into NATO, Czech Americans were uniquely excluded by virtue of their U.S. citizenship from the possibility of regaining properties stolen from them by Nazi or communist regimes. (Czechoslovak citizens who sought refuge in other countries--e.g., Canada, France, or Australia--were not automatically stripped of their Czechoslovak citizenship and were therefore eligible to make restitution claims.) Some Czech parliamentarians have sponsored legislation to remedy this injustice, but the Czech Government has consistently opposed it.
Serbia
Since the fall of the Milosevic regime, civil society has sought to advance a number of initiatives to address past wrongs, including property reform. While privatization is an important component of economic reform, there is concern that insufficient consideration is given to individuals seeking restitution of property they or their families owned prior to World War II.
One observer from the audience noted that the International Crisis Group and others have reported that corruption may make the privatization effort in Serbia all the more difficult for those with property claims. Addressing this issue, Ambassador Bell asserted that corruption inevitably slows down privatization. In addition, he noted that, although the Serbia-Montenegro Government has said it will restitute property seized during communist rule, no law has yet been put in place to do so. "There is a gap between what the new democratic Government of Serbia said when it took office, and what has happened," he said. There are people in the government of Serbia and Montenegro who are serious about reform, but it is a difficult struggle, he added.
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.
United States Helsinki Commission Intern Lauren Smith contributed to this article.