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Helsinki Commission Staff Observe Farcical Belarus Elections
Belarus Democracy Act Becomes Law
Tuesday, November 09, 2004

By Orest S. Deychakiwsky and Ronald J. McNamara
CSCE Staff

On October 17, Belarus held fundamentally flawed parliamentary elections and a referendum allowing Belarusian dictator Aleksandr Lukashenka unlimited terms as president.  Lukashenka’s current “term” expires in 2006.  The rigged referendum certainly did nothing to legitimize Lukashenka's now ten-year repressive rule.  Likewise, the new National Assembly will lack legitimacy because of the fundamentally flawed nature of these elections.

The entire electoral process from beginning to end was marred by abuses, including a profound lack of a level playing field especially with respect to media access, an intimidating electoral environment, arbitrary candidate de-registration, breaches in pre-electoral early voting, and serious misconduct in balloting and the count.

Not one opposition candidate officially won a seat to the 110-member National Assembly, the Belarusian parliament.  The handful of independent-minded parliamentarians from the previous National Assembly will be replaced by Lukashenka loyalists, eliminating even that modest reformist element.  While the official results of the referendum asserted that the measure had passed with 77 percent of the vote, an independent Gallup Organization exit poll indicated only 48.4 percent support.    

The OSCE International Election Observation Mission (IEOM) consisted of nearly 300 election observers.  Helsinki Commission staff members were part of the OSCE Parliamentary Assembly component of the OSCE effort, observing balloting in the Minsk , Mogilev and Gomel oblasts.  The IEOM concluded that Belarus ’ elections fell significantly short of OSCE commitments for democratic elections and that “the Belarusian authorities failed to ensure the fundamental conditions necessary for the will of the people to serve as a basis for authority of government.”

The United States , with other Western nations and institutions concurring, expressed dismay over the systematic, egregious violations of numerous OSCE commitments in the lead up to and during the elections.  On October 21, Ambassador of the U.S. Mission to the OSCE Stephan M. Minikes stated:

“In light of the damning reports from the OSCE IEOM, of the OSCE Representative on Freedom of the Media, and of independent domestic and international NGOs about the intimidating electoral environment, the deficient and abusively implemented legal electoral framework and misconduct during actual voting and vote counting, the Government of Belarus has called into question its own democratic authority and legitimacy and that of its constitution.”

The international media slammed the referendum and elections.  On October 19, The New York Times called the elections a “sham” while The Washington Post titled its lead editorial “The Rape of Belarus.”  Not surprisingly, only the contingent of observers from the “Commonwealth of Independent States,” a dubious group yet to issue a critical assessment of an election in a member state, gave its ringing endorsement of the elections.

Commission observers concluded that the regime's domination over the media and constant assault on the independent press together with the authorities’ near-total control of all facets of the electoral apparatus resulted in a referendum and parliamentary election that were neither free nor fair.  There was a stark absence of any kind of a level playing field and a profound lack of transparency in the electoral process.  The Government of Belarus has repeatedly failed to address the four OSCE criteria for free and fair elections in Belarus established more than four years ago.  It was evident throughout the electoral period that a chilling climate of fear remains in Belarus .

Commission staff were particularly struck by the extent of the domination and shameless bias of state-run news media, especially Belarusian Television One which, in its post-referendum coverage, evoked pre-glasnost, Soviet-era television in addition to other forms of agitation and propaganda. 

The struggling independent media has faced escalating pressures. The courage, determination and resourcefulness of the independent media, as well as that of NGOs and the democratic opposition was impressive.  Each persists in providing alternative viewpoints and perspectives in the face of overwhelming odds. 

Lukashenka’s crackdown has swept other independent institutions, such as schools and independent trade unions.  Last month, for instance, a U.N. International Labor Organization (ILO) Commission of Inquiry report found evidence of severe workers’ rights violations in Belarus .

It did not take long for Lukashenka’s true colors to re-emerge following his referendum “victory.”  Commission staff observed approximately 2,000 people peacefully protesting against the falsified referendum results the day after the October 17 vote.  Security forces showed restraint, perhaps because of the presence of international media and observers.  However, during an October 19 demonstration, security forces viciously beat United Civic Party leader Anatoly Lebedka, causing him to be hospitalized.  Some 40 individuals were beaten, arrested and detained for peacefully protesting the “official results” of the elections and referendum. 

Both Commission Chairman Rep. Christopher H. Smith (R-NJ) and Co-Chairman Senator Ben Nighthorse Campbell (R-CO), who met with Lebedka on several occasions in Washington and in Europe during meetings of the OSCE Parliamentary Assembly, condemned the violence.

“The violence perpetrated by the authorities only serves to further expose the nature of Lukashenka’s dictatorial regime,” said Chairman Smith.  “One would think that with his referendum ‘victory,’ Lukashenka would have enough confidence to allow peaceful expression of views without resorting to brutal force,” added Co-Chairman Campbell.

The farcical October 17 elections underscore the importance of the Belarus Democracy Act, with its strong commitment to democracy, human rights and rule of law in Belarus.

The Belarus Democracy Act

Despite the widespread belief both within and outside Belarus that the passage of the Belarus Democracy Act was linked with the referendum, it was actually the result of the exigencies of the congressional calendar, as the 108th Congress moved toward adjournment.

 The Belarus Democracy Act (BDA), sponsored by Chairman Smith, unanimously passed the House of Representatives on October 4 and the United States Senate on October 6.  The original measure was introduced in the Senate by Co-Chairman Campbell.

Passage of the BDA provoked harsh reaction from Minsk.  Lukashenka derided Members of Congress as “dumb asses” for passing the bill.  The Belarusian Foreign Ministry resorted to worn-out accusations of “interference in internal affairs.”

On October 21, President George W. Bush signed the BDA into law stating, “At a time when freedom is advancing around the world, Aleksandr Lukashenka and his government are turning Belarus into a regime of repression in the heart of Europe, its government isolated from its neighbors and its people isolated from each other.”

“The Belarus Democracy Act will help us support those within Belarus who are working toward democracy,” Bush added.  “We welcome this legislation as a means to bolster friends of freedom and to nurture the growth of democratic values, habits, and institutions within Belarus.  The fate of Belarus will rest not with a dictator, but with the students, trade unionists, civic and religious leaders, journalists, and all citizens of Belarus claiming freedom for their nation.”

The BDA promotes democratic development, human rights and the rule of law in Belarus, and encourages the consolidation and strengthening of Belarus’ sovereignty and independence.  The bill authorizes assistance for democracy-building activities such as support for non-governmental organizations, independent media – including radio broadcasting into Belarus – and international exchanges.

The BDA also encourages free and fair parliamentary elections; supports imposition of sanctions on Lukashenka’s regime; and requires reports from the president concerning the sale or delivery of weapons or weapons-related technologies from Belarus to rogue states and reports on Lukashenka’s personal wealth and assets as well as those of other senior Belarusian leaders.

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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Two-and-a-half-decades-old agreements make governance inefficient today in Bosnia. Collective privileges for these groups come at the expense of the individual human rights of the citizens who are all but coerced into making ethnic identity their paramount concern and a source of division, when so many other common interests should unite them. Ethnically based political parties benefit as they engage in extensive patronage and corruption. Beneath the surface, ethnic reconciliation has not taken hold, and resulting tensions can still destabilize the country and even lead to violence. Malign outside forces, particularly Vladimir Putin's Russia but also influences from Turkey and Gulf States, seek to take advantage of the political impasse and malaise, steering the country away from its European and Euro-Atlantic aspirations. As a result of these developments, Bosnia and Herzegovina is not making much progress, even as its neighbors join NATO and join the EU or make progress toward their desired integration. In my view, we should rightly credit the Dayton agreement for restoring peace to Bosnia. That was 25 years ago, but it is regrettable the negotiators did not put an expiration date on ethnic accommodations so Bosnia could become a modern democracy. As one of our interlocutors told us, the international community, which has substantial powers in Bosnia, has steadily withdrawn, turning over decision making to Bosnian officials who were not yet committed to making the country work and naively hoping the promise of future European integration would encourage responsible behavior. That has not happened. Of course, we can't turn back the clock and can't insert that expiration date on the Dayton agreement, but having made a difference in 1995, we can and should help make a difference again today. It is in our national security interest that we do so. I suggest the following. The United States and our European friends should state, unequivocally, that Dayton is an absolute baseline, which means only forward progress should be allowed. Separation or new entities should be declared to be clearly out of the question. Secondly, U.S. policymakers should also remind everyone that the international community, including NATO, did not relinquish its powers to Bosnia but simply has chosen to withdraw and exercise them less robustly. We should seek an agreement to resurrect the will to use these powers and to do so with resolve if growing tensions make renewed violence a credible possibility. Next, the United States and Europe should adopt a policy of imposing sanctions on individual Bosnian officials who are clearly engaged in corruption or who ignore the Dayton parameters, Bosnian law, and court rulings in their work. Washington has already done this regarding Republika Srpska President Milorad Dodik, and just recently, Nikola Spiric, a member of Bosnia's House of Representatives. However, the scope should be expanded, and European capitals need to join us in this regard. Senior U.S. officials, as well as Members of Congress, should make Sarajevo a priority. I hope more of our Members will visit Bosnia and increase our visibility, demonstrate our continued commitment, and enhance our understanding. Bosnia may not be ready to join NATO, but its Membership Action Plan should be activated without further delay. As soon as this year's elections are over in Bosnia, the international community should encourage the quick formation of new parliaments and governments at all levels, followed immediately by vigorous reform efforts that eliminate the discrimination in the criteria for certain offices, ensure that law enforcement more effectively serves and protects all residents, and end the corruption in healthcare and so many other violent areas of daily life. Our policy must shift back to an impetus on universal principles of individual human rights and citizen-based government. Indeed, the privileges Dayton accorded to the three main ethnic groups are not rights but privileges that should not be upheld at the expense of genuine democracy and individual rights. We, in my view, have been far too fatalistic about accepting in Bosnia what we are not willing to accept anywhere else. We also underestimate what Bosnians might find acceptable, and we should be encouraging them to support leaders based on credentials, positions, and personal integrity, not based on ethnicity. There should no longer be a reason why a Bosniak, Serb, or Croat voter should be prohibited by law from considering a candidate of another ethnicity or a multiethnic political party. All candidates and parties would do well to seek votes from those not belonging to a single ethnic group. This may take time and perhaps some effort, but it should happen sooner rather than later. Let me conclude by asserting that greater engagement is in the interest of the United States--the economic interest and the national security interest. Our country is credited with Bosnia's preservation after the country was almost destroyed by aggression, ethnic cleansing, and genocide. Thank God our country was there for Bosnia. Our adversaries--notably, but not exclusively, Russia--would like nothing more than to make an American effort fail in the end, and they would ensure that its repercussions are felt elsewhere around the globe. Current trends in Bosnia make the country an easier entry point for extremism in Europe, including Islamic extremism. If we wait for discrimination and ethnic tensions to explode again, our engagement will then become a moral imperative at significantly greater cost. The people of Bosnia, like their neighbors throughout the Balkans, know they are in Europe but consider the United States their most trusted friend, their most honest friend. They want our presence and engagement, and given the tragedies they have experienced, they have earned our support and friendship.

  • Snapshot: Challenges to Press Freedom in the OSCE

    As the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) convenes the annual Human Dimension Implementation Meeting (HDIM) conference in Warsaw, Poland—the largest human rights gathering of any kind in Europe—journalists in several OSCE participating States continue to face intimidation, persecution, violence, and even imprisonment just for doing their jobs. Albania: On August 30 in Albania, the home of the father of News 24 TV crime reporter Klodiana Lala was sprayed with bullets, according to the investigative website BalkanInsight.   Fortunately, nobody was injured.  Lala has been reporting on organized crime in Albania for years. Other investigative journalists have been harassed in the past. Azerbaijan: Azerbaijan’s documented record of continued harassment of both foreign and domestic media, including intimidation through lawsuits and even imprisonment, has continued in 2018. Since early last year, the government has blocked the websites of Meydan TV, the Azadliq newspaper, Turan TV, and the U.S.-sponsored Radio Free Europe/Radio Liberty’s (RFE/RL) Azeri service, among others, effectively stifling the country’s only remaining major sources of independent news. Among those journalists investigating official corruption, Mehman Huseynov is serving a two-year sentence for defamation and Afgan Mukhtarli is serving a six-year sentence for entering the country illegally despite credible reports that he was abducted from Georgia in 2017 and brought into Azerbaijan against his will. According to news reports, Khadija Ismayilova, an investigative journalist formerly with RFE/RL who was imprisoned for 18 months in 2014-15, remains under a travel ban and met with German Chancellor Angela Merkel during her recent visit to Azerbaijan to discuss the continued harassment of the media. Bosnia and Herzegovina: On August 26, Vladimir Kovacevic, a reporter for the independent Bosnian Serb television station BNTV, was attacked and severely beaten outside of his home after reporting on an anti-government protest in Banja Luka, according to Voice of America (VOA). Belarus: On August 7-8 2018, Belarusian authorities raided several independent media outlets, confiscated hard drives and documents from offices and apartments, and detained 18 journalists, including the editor-in-chief of Tut.by, Marina Zolotova. According to press reports, the Belarusian Investigative Committee accused the targeted media outlets of illegally accessing the subscription-only news website BelTA, a crime punishable by fines and up to two years of either house arrest or prison time. While all detained journalists have been released, Belarusian authorities have prohibited them from leaving the country while the charges are being investigated, according to the Belarusian Association of Journalists. These latest actions came on the heels of other recent incidents targeting the country’s independent media. As reported by RFE/RL, Belarusian lawmakers passed controversial amendments to the country's media laws in June 2018 which they claimed were necessary to combat so-called "fake news." In July, a Minsk court sentenced Belarusian journalist Dzmitry Halko to four years in a guarded dormitory and forced labor after convicting him of assaulting two police officers. Natallya Radzina, the Poland-based chief editor of independent news site Charter97, reported she received death threats. In addition, well-known Belarusian blogger Sergey Petrukhin has been harassed and detained in recent months, according to the CPJ. Independent media outlets like Belsat TV has received at least 48 fines since the start of 2018, according to Reporters Without Borders (RSF). Croatia: In late June, the European Federation of Journalists reported that Croatian journalist and owner of Zadar News Hrvoje Bajlo was beaten up in Zadar, resulting in his hospitalization. He was also threatened with death if he continued his writings.   Montenegro: Olivera Lakić, an investigative journalist for the Montenegrin newspaper Vijesti, was wounded outside her home by a gunman on May 8, The Guardian reported.  She had been reporting on official corruption in the country.   A bomb exploded in front of the home of one of her associates earlier in the year. Russia: Russia remains a challenging place for independent media to survive, much less thrive.  Journalists remain the target of harassment, arrest, and intimidation. According to the CPJ, five journalists are currently serving prison sentences related to charges of defamation, ethnic or religious insult, or anti-state rhetoric. One of the most notable cases is that of Ukrainian filmmaker Oleg Sentsov, who was arrested by Russian authorities in Crimea, and is currently serving a 20-year prison sentence on charges of terrorism. He has been on a hunger strike since May14, 2018, calling for “the release of all Ukrainian political prisoners that are currently present on the territory of the Russian Federation.”   Many governments, including the U.S., and non-governmental groups have raised concerns about his case directly with the Russian government and called for his release. Serbia: The Association of Journalists of Serbia (UNS) said it had registered 38 cases in which journalists and media workers had reported attacks and other types of harassment since the year began.  Turkey: Turkey continues to be the world’s leading jailer of journalists, according to CPJ. In 2017, CPJ documented 73 Turkish journalists in prison; Turkish civil society groups, such as the Journalists’ Union of Turkey and P24, estimate that the number is at least twice as high (149 and 183, respectively). Most imprisoned journalists are charged with terrorism, including links to the movement led by Fethullah Gulen, whom the government accuses of masterminding an attempted coup in 2016. Over the past year, dozens have been sentenced to lengthy prison sentences, often on charges related to terrorism.  Fourteen Cumhuriyet journalists were sentenced in April, 2018, and six journalists from Zaman newspaper were sentenced in July. Even Turkish journalists living outside of Turkey are not exempt from persecution. According to the Department of State’s 2017 Human Rights Report, 123 Turkish journalists currently living in other countries are too afraid of reprisal, harassment, or arrest to return. The government has also used emergency powers to shutter nearly 200 media outlets, putting scores of journalists out of work. Meanwhile, a small group of large business conglomerates loyal to the government have consolidated their control over the vast majority of Turkey’s mainstream media. Ukraine: In a recent ruling that threatens the internationally recognized protection of a journalist’s sources, a court in Ukraine approved the prosecutor-general’s request for the cell phone data of an RFE/RL investigative reporter. The journalist is Natalia Sedletska, host of the award-winning anti-corruption TV show “Schemes: Corruption in Details,”  a joint production of RFE/RL and Ukrainian Public Television. The information requested includes phone numbers; the date, time, and location of calls, text messages, and other data, which the prosecutor-general’s office claims is needed as part of a criminal investigation. During the period covered by the request, however, the program Schemes has reported on several investigations of senior Ukrainian officials, including the prosecutor-general.  The brutal murders of Jan Kuciak and his fiancé in Slovakia and Daphne Caruana Galizia in Malta are stark reminders of the tremendous risks investigative journalists take to expose crime and corruption within the government. While public outrage over Kuciak’s killing led to the resignation of multiple cabinet officials in Slovakia, so far there have been no indictments for the crime. In Malta, three people have been indicted in connection with Galizia’s murder, but those who ordered the assassination remain at large. In the United States, five journalists at the Capital Gazette in Annapolis, MD, were brutally murdered in June by a gunman who allegedly was disgruntled by an article the Gazette had written regarding his arrest and subsequent probation for harassing former high school classmates on social media. This is merely a snapshot of the daily challenges and real danger that journalists, editors, and media professionals face in many OSCE participating States. Despite politically charged global rhetoric about the role and purpose of the media, freedom of speech remains a cornerstone of any functioning democracy, and a reliable, trustworthy, and professional media free to do its job without harassment or threat is essential.

  • Condolence Letter from OSCE PA President to Helsinki Commission Leaders Following Death of Sen. John McCain

    This week, OSCE Parliamentary Assembly President George Tsereteli offered his condolences to Helsinki Commission Chairman Sen. Roger Wicker (MS) and Co-Chairman Rep. Chris Smith (NJ-04) following the death of Sen. John McCain. The letter reads in part: “His departure will leave a large void in the hallways of the U.S. Capitol and in many capital cities, where so many of us appreciated his frequent visits and his staunch dedication to transatlantic co-operation … “More than anyone, he believed that a strong relationship between the U.S. and Europe is necessary to promote peace and stability across the OSCE area and throughout the world. This week, the OSCE lost a friend whose unwavering commitment to democratic principles made of him a critical voice in our transatlantic community. "Many of us remember fondly his participation in our 2012 Annual Session in Monaco, where he underlined U.S. efforts to sanction human rights offenders and when his words aligned our Assembly with a universal aspiration ‘for justice, for equal dignity under the law, and for the indominable spirit of human freedom.’” Sen. McCain was a longtime supporter of human rights and active in the OSCE region. In 2011, along with then-Helsinki Commission Co-Chairman Sen. Ben Cardin (MD), Sen. McCain was an original co-sponsor of the Sergei Magnitsky Rule of Law and Accountability Act imposing sanctions on those responsible for the death of Russian lawyer Sergei Magnitsky and individuals who commit gross violations of human rights against rights defenders in Russia. The two also co-authored the Global Magnitsky Human Rights and Accountability Act, which gives the United States the power to deny travel and banking privileges in the United States to those who commit gross violations of human rights or acts of significant corruption. At the 2012 OSCE PA annual session, Sen. McCain spoke passionately in support of a resolution on the rule of law in Russia, which highlighted Magnitsky’s case.   “I believe that supporting the rule of law is pro-Russia. I believe that defending the innocent and punishing the guilty is pro-Russia. And ultimately, I believe the virtues that Sergei Magnitsky embodied—integrity, fair-dealing, fidelity to truth and justice, and the deepest love of country, which does not turn a blind eye to the failings of one's government, but seeks to remedy them by insisting on the highest standards—this too is pro-Russia, and I would submit that it represents the future that most Russians want for themselves and their country,” he said. “The example that Sergei set during his brief life is now inspiring more and more Russian citizens. They are standing up and speaking up in favor of freedom, democracy, and the rule of law. They, like us, do not want Russia to be weak and unstable. They want it to be a successful and just and lawful country, as we do. Most of these Russian human rights and rule of law advocates support our efforts to continue Sergei's struggle for what's right, just as they are now doing … let us align this Assembly with the highest aspirations of the Russian people—Sergei's aspirations—for justice, for equal dignity under the law, and for the indomitable spirit of human freedom.”

  • Helsinki Commission Chairman Concerned about Recent Harassment of Independent Belarusian Media

    WASHINGTON—Following the recent raids on editorial offices of independent Belarusian media outlets and the detention of several journalists, Helsinki Commission Chairman Sen. Roger Wicker (MS) issued the following statement: “The people of Belarus have a right to know what is really happening in their country. Journalists who risk their personal safety to challenge the state-run media narrative provide an important public service, and President Lukashenka’s deliberate targeting of independent news outlets is an affront to the rights of the whole population. The Belarusian authorities should release the journalists they have detained and cease harassing those who dedicate their lives to uncovering and sharing the truth.”  The commission has been outspoken in championing democracy and human rights in Belarus, having held the overwhelming majority of Congressional hearings, public briefings, and meetings that have taken place on Belarus. A congressional delegation (CODEL) to the 2017 OSCE Parliamentary Assembly summer meeting, hosted by Minsk, met with both President Lukashenka and the democratic opposition, and was the largest CODEL ever to visit Belarus.

  • Helsinki Commission Leaders Welcome Mark Toner to Helsinki Commission

    WASHINGTON—Helsinki Commission Chairman Sen. Roger Wicker (MS) and Ranking Commissioner Sen. Ben Cardin (MD) today welcomed Mark Toner as the commission’s new senior State Department advisor. Since the Helsinki Commission was founded in 1976, career foreign service officers have been assigned to the agency to help foster contact between Congress and the State Department, and to provide political and diplomatic counsel in areas related to the monitoring and implementation of the Helsinki Final Act. “For more than 40 years, the working relationship between Congress and the executive branch has been strengthened by the presence of a senior diplomat serving at the Helsinki Commission,” said Chairman Wicker. “Mark, who brings both a high-level strategic perspective along with on-the-ground experience in the region, is uniquely qualified to continue this tradition. I am pleased to welcome him on behalf of the entire bipartisan, bicameral commission.” “Mark will be an enormous asset to the Helsinki Commission, and I look forward to working with him to promote human rights and fundamental freedoms in Europe and Central Asia,” said Ranking Commissioner Cardin. “He will elevate the commission’s work to support press freedom and battle the malicious Russian disinformation efforts that have targeted not only the United States, but also many other OSCE countries.” At the Helsinki Commission, Toner will work with leadership and staff to advance U.S. national interests by promoting human rights, military security, and economic cooperation across the 57 participating States of the OSCE. “I'm honored and energized to join such a dynamic and respected team as it takes on the many challenges to democracy and human rights faced by the participating States of the OSCE,” said Toner. “I have defended freedom of speech and the right to express peaceful political dissent from the podium of the U.S. State Department and I have seen firsthand the corrosive effect of disinformation on vulnerable populations in eastern Europe in the aftermath of Russia's illegal annexation of Crimea. The Helsinki Commission's role has never been more critical or needed—whether it's standing up for human rights, defending democratic norms, or confronting efforts to spread disinformation and attack vulnerable media. I look forward to working with the commission's leadership and staff to shine a light on corruption, disinformation, and all other malign influences in the Euro-Atlantic region.” Prior to joining the Helsinki Commission, Toner, who holds the rank of Minister-Counselor, served as a Senior Faculty Advisor at the Eisenhower School for National Security and Resource Strategy, a part of the National Defense University. He was previously the Acting Spokesperson for the Department of State, and served twice—under two different Secretaries of State—as the Department’s Deputy Spokesperson.  Mark also was a Deputy Assistant Secretary in the Bureau of European Affairs, where he coordinated public diplomacy programs for Department's largest regional bureau, and in the Bureau of Public Affairs, where he oversaw all the Department's front-line media engagement operations. He has served overseas at the U.S. Mission to NATO in Brussels, Belgium; the U.S. Consulate General in Krakow, Poland; and the U.S. Embassy in Dakar, Senegal.

  • Maine native honored that Russia wants to interrogate him

    A Maine native is on the list of U.S. officials that Russian President Vladimir Putin says he’d like his prosecutors to interrogate. Old Town native and former U.S. House committee staffer Kyle Parker helped draft sanctions against Russians suspected of human rights violations. Parker tweeted Tuesday he was “honored” to make Putin’s list. Congress passed 2012 sanctions following Russian lawyer Sergei Magnitsky’s death in prison after exposing a tax fraud scheme involving Russian officials. The White House Thursday said Trump “disagrees” with Putin’s offer to allow U.S. questioning of 12 Russians who have been indicted for election interference. Putin in exchange wanted Russian interviews with the former U.S. ambassador to Russia and other Americans the Kremlin accuses of unspecified crimes. Trump initially had described the idea as an “incredible offer.”

  • What’s really behind Putin’s obsession with the Magnitsky Act

    Standing by President Trump’s side in Helsinki for their first bilateral summit, Russian President Vladimir Putin made what Trump described as an “incredible” offer: He would help U.S. investigators gain access to Russian intelligence officers indicted for the 2016 election hacking, on one small condition. “We would expect that the Americans would reciprocate and they would question [U.S.] officials … who have something to do with illegal actions on the territory of Russia,” Putin said, producing the name to indicate what actions he had in mind: “Mr. Browder.” Bill Browder, an American-born financier, came to Russia in the 1990s. The grandson of a former general secretary of the Communist Party USA, Browder by his own admission wanted to become “the biggest capitalist in Russia.” He succeeded and was for a decade the country’s largest portfolio foreign investor. Whatever the sins of Russia’s freewheeling capitalism, Browder’s real crime in the eyes of the Kremlin came later, after he had been expelled from Russia in 2005. In 2008, his Moscow lawyer, Sergei Magnitsky, uncovered a tax scam involving government officials that defrauded Russian taxpayers of $230 million. He did what any law-abiding citizen would, reporting the crime to the relevant authorities. In return, he was arrested and held in detention without trial for almost a year. He was beaten and died on Nov. 16, 2009, at Moscow’s Matrosskaya Tishina prison under mysterious circumstances. Officials involved in his case received awards and promotions. In a chilling act worthy of Kafka, the only trial held in the Magnitsky case was a posthumous sentencing of himself — the only trial against a dead man in the history of Russia. It was then that Browder turned from investment to full-time advocacy, traveling the world to persuade one Western parliament after another to pass a measure that was as groundbreaking as it would appear obvious: a law, commemoratively named the Magnitsky Act, that bars individuals (from Russia and elsewhere) who are complicit in human rights abuses and corruption from traveling to the West, owning assets in the West and using the financial system of the West. Boris Nemtsov, then Russia’s opposition leader (who played a key role in convincing Congress to pass the law in 2012), called the Magnitsky Act “the most pro-Russian law in the history of any foreign Parliament.” It was the smartest approach to sanctions. It avoided the mistake of targeting Russian citizens at large for the actions of a small corrupt clique in the Kremlin and placed responsibility directly where it is due. It was also the most effective approach. The people who are in charge of Russia today like to pose as patriots, but in reality, they care little about the country. They view it merely as a looting ground, where they can amass personal fortunes at the expense of Russian taxpayers and then transfer those fortunes to the West. In one of his anti-corruption reports, Nemtsov detailed the unexplained riches attained by Putin’s personal friends such as Gennady Timchenko, Yuri Kovalchuk and the Rotenberg brothers, noting that they are likely “no more that the nominal owners … and the real ultimate beneficiary is Putin himself.” Similar suspicions were voiced after the publication of the 2016 Panama Papers, which showed a $2 billion offshore trail leading to another close Putin friend, cellist Sergei Roldugin. Some of the funds in his accounts were linked with money from the tax fraud scheme uncovered by Magnitsky. Volumes of research, hours of expert testimony and countless policy recommendations have been dedicated to finding effective Western approaches to Putin’s regime. The clearest and the most convincing answer was provided, time and again, by the Putin regime itself. It was the Magnitsky Act that Putin tasked his foreign ministry with trying to stop; it was the Magnitsky Act that was openly tied to the ban on child adoptions; it was the Magnitsky Act that was the subject of the 2016 Trump Tower meeting attended by a Kremlin-linked lawyer; it is advocating for the Magnitsky Act that may soon land any Russian citizen in prison. It was the Magnitsky Act that Putin named as the biggest threat to his regime as he stood by Trump’s side in Helsinki. After the Trump-Putin meeting, the Russian Prosecutor-General’s Office released the names of U.S. citizens it wants to question as supposed associates of Browder. The list leaves no doubt as to the nature of the “crime.” It includes Michael McFaul, senior director for Russia policy at the Obama White House and later U.S. Ambassador in Moscow who oversaw the “compiling of memos to the State Department … on the investigation in the Magnitsky case.” It includes David Kramer, former assistant secretary of state in the George W. Bush administration, who, as president of Freedom House between 2010 and 2014, was one of the most effective advocates for the Magnitsky Act. Perhaps most tellingly, it includes Kyle Parker, now chief of staff at the Commission on Security and Cooperation in Europe, who, as the lead Russia staffer at the commission, wrote the bill that subsequently became the Magnitsky Act. Vladimir Putin has left no doubt: The biggest threat to his regime is the Magnitsky Act, which stops its beneficiaries from doing what has long become their raison d’être — stealing in Russia and spending in the West. It is time for more Western nations to adopt this law — and for the six countries that already have it to implement it with vigor and resolve.

  • Transatlantic Relations in Flux

    Following recent changes to the U.S. approach to economic and security policies in Europe, and a series of internal European developments—such as the recent influx of migrants and refugees, challenges to the rule of law, and Brexit—the transatlantic relationship is evolving rapidly. At the briefing, Members of the European Parliament (MEPs) discussed current obstacles in the transatlantic relationship and identified opportunities to strengthen the relationship moving forward.    MEP Claude Moraes of the United Kingdom kicked off the conversation by remarking on the importance of the European Union’s relationship with the United States. Moraes outlined concerns shared by the EU and the United States, ranging from commercial and security data transfers to counterterrorism and cybersecurity. “It’s about ensuring that we protect our democracies, our elections from interference, as we’ve seen from Russia,” Moraes said. Moraes also discussed the importance of security cooperation and BREXIT’s impact on the transatlantic relationship. “The EU is a good thing,” he said, noting that the EU magnifies the U.K.’s global ability to work with other countries on security and counterterrorism issues. For example, following BREXIT the U.K. is likely to lose some of its access to Europol, an EU-wide law enforcement agency that coordinates the sharing of intelligence, data, and other resources between EU Member States. Noting that the original goals of the 1975 Helsinki Final Act were to promote and defend democracy, MEP Michał Boni of Poland highlighted obstacles on both sides of the Atlantic to an ideal transatlantic relationship. On the U.S. side, he cited trade wars, waning diplomacy, and political uncertainty and instability. On the EU side, he lamented the rise of “illiberalism” across the continent, including challenges to democratic principles in Poland, Hungary, Romania, the Czech Republic, and Italy.   If the transatlantic relationship is to advance into the future, “we need now to start and to fight for the democracy, freedoms, and rule of law on both sides of Atlantic,” Boni said. French MEP Nathalie Griesbeck observed that the United States is the EU’s most important partner in the fight against terrorism and praised the skills of the U.S. intelligence community, noting that transatlantic intelligence-sharing efforts had prevented terror attacks across Europe.  “The European Union and the United States should use all available channels of communication in order to strengthen the transatlantic relationship [and] use the full potential of that cooperation to preserve the democratic, liberal, and multilateral order to promote stability and continuity on the continents […] even if the winds are sometimes bad,” she said. Panelists also addressed the question of whether migration to Europe could be capitalized upon to address the EU’s shrinking workforce and the need to preserve Europe’s economic future. They agreed that with efforts to attract highly skilled workers falling short, Europe must juggle political pushback against increased migration with the reality of an aging population. The MEPs also discussed the recent EU-Japan trade agreement, the EU’s Eastern Partnership, Turkey, the Western Balkans, and EU enlargement.

  • The Russian Occupation of South Ossetia and Abkhazia

    August 2018 marks 10 years of Russian occupation of approximately 20 percent of Georgia’s internationally recognized sovereign territory. The Russian occupation, and the ensuing recognition by Moscow of the “independence” of South Ossetia (referred to in Georgia as the Tskhinvali region) and Abkhazia, represent material breaches of international law and an active disregard for the Charter of the United Nations, and the founding principles of the Organization for Security and Cooperation in Europe (OSCE) embodied in the Helsinki Final Act and subsequent OSCE commitments. This report offers a brief overview of the history of the outbreak of war in August 2008; the evolution of the unresolved conflict since that time; and an overview of the U.S. Helsinki Commission’s efforts to advance a resolution and restore Georgia’s territorial integrity. Download the full report to learn more. Contributors: Everett Price, Senior Policy Advisor and Alex Tiersky, Senior Policy Advisor

  • Members of European Parliament to Assess Transatlantic Relations at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: TRANSATLANTIC RELATIONS IN FLUX Wednesday, July 18, 2018 10:00 a.m. Hart Senate Office Building Room 216 Live Webcast: www.facebook.com/HelsinkiCommission Following President Trump’s recent trip to Europe, leading European policymakers will address the state of transatlantic relations. Members of the European Parliament will discuss the potential impact of changing U.S. economic and security policies in the region, the future of the EU following Brexit, and the toll that increased migration has taken on European political cohesion. Opening remarks will be provided by Helsinki Commission Chairman Sen. Roger Wicker (MS). The following Members of the European Parliament are scheduled to participate: MEP Nathalie Griesbeck (France), Chair, European Parliament Special Committee on Terrorism; Alliance of Liberals and Democrats MEP Claude Moraes (UK), Chair, European Parliament Committee on Civil Liberties, Justice, and Home Affairs; Progressive Alliance of Socialists and Democrats MEP Michal Boni (Poland), European People's Party Additional speakers may be added.  

  • The OSCE and Roma

    Roma are the largest ethnic minority in Europe and are present in most of the participating States of the Organization for Security and Cooperation in Europe.  Concentrated in post-communist Central and Southern Europe, the Romani population is estimated at over 12 million in EU countries, with significant numbers in former Soviet republics, the Balkans, and Turkey. Roma have been part of every wave of European immigration to North American since the colonial period.  There may be as many as one million Americans with Romani ancestry. Roma have historically faced persecution in Europe and were the victims of genocide during World War II.  In post-communist countries, Roma suffered disproportionately in the transition from command- to market-economies, in part due to endemic racism and discrimination. Over the past three decades, Helsinki Commissioners have led the effort in Washington to condemn racially motivated violence against Roma, including pogroms, murders, other violent attacks, and police abuse. The Helsinki Commission has also advocated for recognition of the enslavement and genocide of Roma and redress for sterilization without informed consent.  The Commission has addressed race-based expulsion of Roma, the denial of citizenship to Roma after the break-up of federative states, and the consequences of ethnic conflict and war in the Balkans. The Helsinki Commission strongly supported the first international agreement to specially recognize the human rights problems faced by Roma, adopted by OSCE participating States in 1990. Download the full report to learn more. Contributor: Erika Schlager, Counsel for International Law

  • Inside the Turkish Election

    By: Everett Price, Senior Policy Advisor With Contributions from Scott Rauland, Senior State Department Advisor On June 24, Turkey held its first presidential and parliamentary elections since the passage of controversial constitutional amendments last year that began Turkey’s transformation from a parliamentary to a presidential system. The victors in this election are to preside over the transition to this new form of government and begin to shape the operation of its revamped institutions. In accordance with its commitments as a participating State of the Organization for Security and Cooperation in Europe (OSCE), Turkey formally invited the OSCE to observe the vote. This invitation paved the way for the OSCE’s first-ever full-scale deployment of election observers to Turkey. Although the OSCE observed previous elections in Turkey—including last year’s constitutional referendum—it had never done so with a full complement of hundreds of short-term observers that deploy all over the country to record their observations on election day. In the absence of short-term observers, OSCE observation missions rely primarily on a smaller cohort of long-term observers who spend as much as a month in the country monitoring every dimension of the campaign period and balloting. (Learn more about OSCE election observation.) Altogether, the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) deployed 22 long-term observers and more than 300 short-term observers to observe the election across the country. Most STOs are drawn from cadres of experienced volunteers offered by individual OSCE participating States. In addition, the parliamentary assemblies of the OSCE (OSCE PA) and Council of Europe (PACE) contributed 72 and 32 members of parliament and parliamentary staff, respectively, to serve as STOs. The U.S. Helsinki Commission regularly participates in OSCE PA election observation missions. What follows is a first-person account from two U.S. Helsinki Commission staff who served as short-term observers during the Turkish elections. These observations are not an authoritative account of the conduct of the Turkish election, however. Readers interested in such an account should review the OSCE’s official statement of preliminary findings and conclusions. In the days before the election, experts from the OSCE’s ODIHR and the OSCE PA organize a series of in-depth briefings in Ankara to acquaint short-term observers with the context and process for the coming vote. In opening these briefings, Mr. Ignacio Sanchez Amor, a Spanish parliamentarian tasked as the special coordinator and leader of the OSCE short-term observer mission, noted numerous ways in which this election was exceptional. Turks would be voting under a nearly two-year-old state of emergency imposed by the government following a failed coup attempt in July 2016. The state of emergency gave Turkish President Erdogan sweeping powers to rule by decree and authorized provincial governors to curtail basic freedoms, such as the freedom of movement and freedom of assembly. Presidential decrees purged tens of thousands of civil servants from their work, shuttered over a hundred news outlets, blocked thousands of websites, and contributed to the arrest of scores of independent journalists, often on dubious national security charges. Sanchez Amor further commented that the transition to a presidential system and the country’s newly-approved election laws made this election especially complex. Most of the constitutional amendments approved in last year’s referendum would take effect after the election. The victorious presidential candidate, for instance, would be the first to assume unprecedented executive powers that international monitors and the chairman of the U.S. Helsinki Commission, Sen. Roger Wicker (MS), criticized as undermining the separation of powers. Likewise, successful parliamentary candidates would take up seats in a somewhat neutered institution that is given no say in ministerial appointments and can be unilaterally dissolved by the president. One of the constitutional amendments abolished a previous prohibition on new electoral laws taking effect less than 12 months before an election. This meant that the June election would be governed by election regulations passed in November and March that President Erdogan and his ruling Justice and Development Party (AKP) had muscled through parliament without any opposition support. Opposition leaders sharply criticized provisions in the laws that allowed the government to relocate voting locations on security grounds, loosened rules governing the police presence around polling stations, and weakened protections against election fraud by admitting ballots that are missing a required polling station stamp. Sanchez Amor also expressed concern that one of the country’s major presidential candidates had been in pre-trial detention since November 2016 and was being forced to campaign from his jail cell. This treatment of Selahattin Demirtas, the presidential candidate for the pro-Kurdish Peoples’ Democratic Party (HDP), was one of many restrictions severely disadvantaging the HDP. Campaign banners of two opposition parties stretched across a primary avenue in downtown Ankara. The briefings we received from journalists, civil society organizations, and political parties largely focused on concerns that President Erdogan and the AKP enjoyed overwhelming and unfair advantages incompatible with a free and fair democratic process. Independent journalists noted that Turkey is the world’s largest jailer of reporters with approximately 150 behind bars. They further remarked on dramatic changes in Turkey’s media landscape in recent years that had seen nine out of 10 mainstream TV channels, and most of the print media, fall under the ownership of government aligned businessmen. As a result, the ruling party benefited from nearly wall-to-wall positive media coverage. Additionally, under recent legal changes the Supreme Election Board was stripped of its ability to impose penalties on broadcasters for violating regulations that mandate equal election coverage. All opposition parties complained about Turkey’s 10 percent election threshold—the highest in the world—that requires a party to garner 10 percent of the national vote to secure seats in parliament. During this election, they feared that the ruling party would manipulate the vote to deprive the pro-Kudish HDP of a ten percent share, allowing AKP as the likely runner-up in Kurdish-dominated areas to assume the seats forfeited by HDP. This would be the AKP’s quickest route to a commanding majority in the legislature.    Opposition party leaders warned that the government could use a combination of tactics to suppress the vote for HDP, particularly in the Kurdish southeast. The government had already announced that it had invoked its new authorities to relocate and merge nearly a thousand polling stations in the southeast for security reasons, affecting more than 150,000 voters. Election authorities could also use the admission of unstamped ballots to artificially diminish HDP’s share of the vote. In addition, several briefers noted that deadly violence could be used to intimidate voters. Indeed, less than two weeks before the election a campaign-related altercation in the south left three HDP supporters dead, along with the brother of an AKP candidate for parliament. Many briefers noted that the pro-government media had cast the AKP as the victim of the melee, where in reality the fight had been instigated and escalated by the ruling party’s side. The opposition’s indictment of the fairness of the election was met by an AKP-led campaign to smear those who might tarnish perceptions of the credibility of the outcome. The OSCE observation mission was one of the targets of this campaign. The government denied two OSCE PA parliamentarians entry to the country to participate in the election observation mission, citing political opinions they had expressed in the past. A government spokesperson decried the OSCE’s interim report on the election on June 15 as “political.” Additionally, just two days before the election, Turkey’s semi-official news agency published a story citing anonymous security sources that claimed OSCE observers planned to create “chaos” in the country. It was in this climate of heightened mutual suspicion between the ruling party and the opposition, and between the government and the OSCE observation mission, that we deployed to Istanbul to undertake our election day observation. We were assigned to observe the election at precincts in and around Sisli, a mixed-income neighborhood in central Istanbul that historically supports the secular opposition. Each precinct in Turkey contains numerous voting rooms, with a maximum of 400 voters assigned to each. In all we visited nine so-called ballot box committees (BBCs) in five precincts throughout the day. Sisli delivered its largest share of votes (48.7 percent) to Turkey’s leading secular opposition party CHP in the last parliamentary election in November 2015, and overwhelmingly opposed the transformational 2017 constitutional amendments (71.8 percent). Given the district’s political profile, it was unsurprising to find observers from CHP and other secular opposition parties deployed in full force at our first precinct where we observed the opening procedures for the polls. We arrived just before 7:00 a.m. as the ballot box committee (BBC) was assembling to open the sealed election materials and prepare for voting to begin. The seven-person BBC, chaired by a civil servant and composed of bureaucrats and political party representatives, began to count and record the number of ballot envelopes and presidential and parliamentary ballots—a tally that is important for later confirming that no election materials are unaccounted for.  The mood was serious but amiable and cooperative. With a solitary exception, BBC members worked together constructively without so much as a hint of their diverging political loyalties. Soon, an NGO observer (who was accredited as a political party observer, since there is no legal framework for NGO observation) appeared with a tray of traditional Turkish tea for everyone, observers and BBC members alike. (Tea stands were ubiquitous at the entrance to polling stations, fueling weary poll workers throughout the day and contributing to a generally festive atmosphere around the otherwise dreary school buildings.)  Voters congregate outside a polling station in central Istanbul on election day. Over steaming cups of black tea, the poll workers set about the onerous task of applying the BBC’s identifying ink stamp to each of the more than 300 envelopes and presidential and parliamentary ballots—nearly 1,000 stamps in all. Every BBC we visited that morning noted that they had labored well after the polls opened to complete this cumbersome but mandatory and important process. With two of their colleagues still engrossed in stamping and the eight o’clock opening just minutes away, the BBC’s other five members forged ahead with preparations, sealing the clear plastic ballot box with a wax stamp. More or less promptly at eight, the BBC chairwoman announced the opening of the polling station.  An elderly gentleman who had already shuffled through the open doorway before the announcement immediately presented his ID to receive his ballot papers. His punctual appearance quickly revealed the disorganization of this particular BBC, which had failed to organize the somewhat convoluted voting procedure into an orderly workflow.  Voters were to hand over their identification for confirmation against the printed voter rolls and then receive two oversized ballots for president and parliament, one undersized envelope, and a stamp to mark their choices. To cast their ballots, voters entered a curtained booth, marked one choice each for parliament and president, stuffed the large sheets into the small envelope, sealed it with a lick, and emerged to drop the envelope into the ballot box. Before departing, voters returned the stamp back to the BBC, signed the voter roll, and retrieved their identification and any bags or cellphones they left behind with the BBC. Keeping track of identification cards, remembering to provide all four necessary voting materials (two ballots, envelope, and stamp), and managing the coming and going of voters proved difficult for our first BBC. In just the first twenty minutes the chairwoman twice pulled open a voting booth’s privacy curtain to locate a misplaced ID and missing stamp—an act that should rarely—if ever—occur, since it can compromise the secrecy of the vote.  This procedural dysfunction may have slowed the vote and caused undue confusion for voters, but it had negligible if any implications for the outcome of the balloting. Indeed, the majority of other BBCs we visited were capably managed and all demonstrated admirable transparency. In each classroom we visited—and they were all classrooms—the BBC chair graciously welcomed us, answered our questions, and allowed us to review the voting materials. Political party and NGO observers were common and none complained of being restricted in their work on election day. By the end of the day we had grown particularly accustomed to the sight of observers from the HDP party. These observers were almost uniformly impressive, assertive, young, and female. It became clear that what is generally described simply as a “pro-Kurdish party” has developed political purchase far beyond the Kurdish-dominated southeast, attracting many young, progressive Turks concerned with the rights of women and minorities.  Presidential and parliamentary ballots and envelopes prepared for distribution to voters. In our experience, the transparency protected by professional BBCs and capable local observers was only undermined by skittish security services who seemed uneasy about the role of international observers. Under new election laws passed earlier this year, Turkish police were allowed to patrol closer to polling stations and—for the first time—enter voting rooms at the request of any citizen. One instance of police involvement we witnessed was legal and appropriate; in several other cases it appeared to overstep the prescribed bounds. At a polling station we visited in Gultepe, a more conservative neighborhood just outside Sisli, a heated argument erupted over a poll worker who allegedly exceeded his mandate in assisting a confused voter, sparking allegations of election interference. Consistent with their mandate, the police entered on at least three occasions during the prolonged shouting match to respond to the disturbance and to remove unauthorized people who had entered the voting room. These same police entered another time to exercise their prerogative to check our credentials but departed shortly after. As the day wore on, however, our interactions with the police grew more frequent and contentious. At another polling station in Sisli, police greeted us almost immediately upon our arrival and insisted on escorting us throughout the building. When we entered a voting room to conduct our observations, the police followed us in without any discernible invitation and sat down to watch us until we were through.  Arriving at our final polling station of the day, we were stopped at the entrance to have our credentials checked against a screenshot of approved individuals the policeman had received via the encrypted messaging application, WhatsApp. He informed us that several foreigners had been caught “posing as OSCE observers” so they were under orders to apply extra scrutiny. Although we were not on his screenshot, the officer relented after a few minutes’ delay and followed us inside while respecting the rules about entering the voting room. After a short break, we returned to the same polling station to witness the closing and counting procedure, but this time the police refused us entry. They said they had still not been able to find us on their list, despite our accreditation by the Supreme Electoral Board. With the five o’clock closing swiftly approaching, we insisted on the importance of entering before the polls closed. They offered that we could observe the voting room from the hallway, but we were obligated to decline since the OSCE’s methodology requires unfettered access to the polling area. At the last minute, they said we could observe from a designated area inside the room. Once inside the room, it turned out no such area existed and the police displayed no interest in enforcing one. In contravention of the rules, however, they remained standing directly behind us inside the room nearly the entire time. Consistent with OSCE observations across the country, vote counting at our BBC began promptly once the polls closed. In much the same sprit of cooperation we witnessed at the opening in another precinct, the members of this BBC worked smoothly together to perform the critical, final procedures: securing the voting materials and counting and recording the results.  The BBC’s genuine effort to conduct this process fairly and transparently was marred by some critical procedural errors and the persistent presence of the police, which risked undue oversight by the security services of a sensitive political process. Most procedural faults took place early on and introduced avoidable opportunities for mistakes or manipulation.  Rather than count the unused voting materials after the polls closed, for instance, the BBC departed from the prescribed procedure and counted them before the room was open to the public to observe the count. By depriving observers of the opportunity to verify this tally, the BBC undermined a safeguard that confirms the number of votes cast matches exactly the number of voters who participated.  Another significant oversight involved the BBC’s failure to enter crucial figures directly into the official register, known as a “protocol.” By having one member of the committee simply jot down the tallies of voting materials on a scrap piece of paper, the BBC failed to guard against subsequent mistakes in transcription or intentional alterations.  Oddly, the otherwise attentive and assertive political party observers in the room did not raise these issues with the BBC, possibly out of ignorance of the procedures or disinterest in the importance of these steps. They seemed most focused when it came to the centerpiece of the process: the all-important counting and adjudication of ballots.  In this, the BBC acquitted itself quite well—holding up each ballot in full view of all present, loudly announcing the vote, and recording it only once all were satisfied with the chairman’s judgment (i.e. valid, invalid, or blank).  U.S. Helsinki Commission Senior State Department Advisor Scott Rauland reviews voting materials with Ballot Box Committee members. Given the considerable pre-election controversy about the admission of unstamped ballots, it was surprising that no observer raised a question about whether the ballots or envelopes were appropriately imprinted with the BBC’s seal, which was often faint and on the reverse side of the papers. Late on the day of Turkey’s controversial 2017 constitutional referendum, the government unilaterally decided to count unstamped ballots despite the widespread understanding that the stamps protected against fraud. The number of admitted unstamped ballots last year allegedly accounted for the government’s slim margin of victory in that vote. As a result, opposition leaders protested earlier this year when the government used its absolute majority in the parliament to codify the validity of unstamped votes beginning with the 2018 presidential and parliamentary election. This decision created frustrating ambiguity about the need for the elaborate stamping process that tied up BBCs in the morning, sometimes for more than an hour.  The last steps of the vote count turned out to be the most cumbersome. The astonishingly analog voting process created numerous frustrations, significantly delaying delivery of the ballots to the District Electoral Board responsible for tabulating all the votes in Sisli before forwarding them to the Provincial Electoral Board that oversees a third of Istanbul. The chairperson was consumed for almost an hour manually copying detailed voting results onto nearly a dozen copies of the official protocol for distribution to political party representatives and observers. Another time-consuming process involved sealing all the ballots and sensitive voting materials in a cloth sack using twine and a wax seal. All present watched in quiet agony as the chairperson struggled to melt the nub of wax with a lighter, singing his fingers and nearly setting fire to the bag in the process. Out of the 250 votes counted in our BBC, leading opposition presidential candidate Muharram Ince prevailed with 65 percent of the vote and his party, CHP, took 50 percent of the parliamentary ballots. The simultaneous presidential and parliamentary election afforded voters the opportunity to split their votes between the two ballots. Specifically, many analysts speculated that opposition supporters would endorse Ince as the favored presidential candidate while casting a vote for HDP in the parliamentary election to help the party clear the ten percent threshold. The outcome in our BBC seemed to bear this theory out: Ince received 15 percent more support for president than his party did in the parliamentary vote, while HDP’s presidential candidate Demirtas secured only 4 percent in the presidential but his party garnered 24 percent in the parliamentary. Once counting was complete in all the precincts’ voting rooms, members of the BBCs boarded a municipal vehicle with the sealed sacks and official protocols for delivery to the District Electoral Board. Per OSCE instructions, we jumped into a separate vehicle to tail the municipal van through the narrow streets of Istanbul to the DEB to confirm the official results were delivered directly without interference.  A long line of vans packed with other BBCs was in front of the District Electoral Board waiting their turn to offload. When it came our turn I—accompanied by a police escort—followed the voting materials past heavily-armed guards and crowd control fencing into the building. It was a cramped but sprawling high-rise divided into a warren of small, austere rooms. A crush of poll workers pressed into the building’s narrow corridors trying to reach their designated room. In each room were half a dozen election workers waiting to receive election materials from every corner of the district, double-check the calculations in the protocol, and forward the results for district-level tabulation.  After verifying the secure delivery of our BBC’s materials, I sought to follow the process a step further. Instead, I was offered a meeting with the judge who chairs Sisli’s electoral board.  Supporters of President Erdogan and AKP celebrate their election victory in Taksim Square. It was now well past 9:00 p.m., more than four hours since the polls closed. The judge sat in his office watching two sets of election returns roll in: semi-official results were being broadcast via cable news on a large television across the room while a map on his computer screen that read “Supreme Election Board” was being populated with the official numbers. Although it was impossible for me to tell what discrepancy might have existed between the figures at that moment, opposition leaders were simultaneously turning to social media to reassure their supporters that pro-government media were broadcasting premature results to discourage them. These hopeful claims appear to have been inspired more by optimism than reality—the official results released the next day differed little from what the media was reporting in the evening. At least in central Istanbul, the election results at that time of night were still in the early stages of being compiled at the district level. The judge explained how in the coming hours the district’s protocols would be digitized, loaded onto a public website, and used to generate a district-level protocol of official election results. As chairman, his role would be to adjudicate disputes and discrepancies in the tabulation and certify the final results. Satisfied that I had followed the process as far as I could, our observation ended.  Around 10:00 p.m., President Erdogan declared victory. With 52.6 percent of the vote, he had won outright in the presidential election, avoiding a runoff with the leading secular opposition candidate by a comfortable margin. In parliament, AKP fell just short of an absolute majority for only the second time in its 16 years in power. The AKP’s election coalition partner, the nationalist MHP party, surprised many with its strong performance, earning 49 seats in the 600-seat parliament and easily supplying the six seats AKP needs to reach 301 votes in the legislature. Importantly, HDP cleared the ten percent threshold and will be the third-largest party in parliament with 67 seats behind CHP’s 146. Altogether, an impressive 86.2 percent of the population had participated in the vote. Over a late night dinner in a gentrifying secular neighborhood of Istanbul, I could hear some nearby diners discussing the election results with resignation over glasses of wine. Further off in the distance, the blaring of car horns announced the beginning of celebrations by the President’s supporters. I followed lines of cars festooned with Turkish flags and AKP banners as they streamed toward centrally-located Taksim Square. There, a spontaneous victory party had broken out. A jubilant AKP loyalist was being carried aloft, leading the gathering crowd in chants of “Allahu Akbar!” and “Recep Tayyip Erdogan!”  The evening stroll between these two contrasting scenes was a journey across a wide social and political chasm in Turkey—a chasm the president may choose to widen or narrow in his new mandate. Recent studies have revealed acute polarization within Turkish society that reflects high levels of social distrust and political intolerance. These ills present critical challenges for governance. During the campaign, President Erdogan pledged to lift the nearly two-year-old state of emergency upon his reelection. AKP statements since the election suggest that Erdogan may decline to renew the state of emergency when it expires on July 18. This would be an appropriate first step toward rebuilding trust and one the U.S. Helsinki Commission called for in an October 2017 letter to President Erdogan. But lifting the state of emergency might only be a superficial gesture if it is not accompanied by significant prisoner releases and amnesties—particularly for human rights defenders and journalists—as well as meaningful judicial reform to restore the credibility and independence of Turkey’s politicized justice system. In accordance with its mandate, the U.S. Helsinki Commission will continue to monitor Turkey’s implementation of its commitments as an OSCE participating State to respect human rights and democratic principles. In this most recent election the Turkish people demonstrated formidable levels of political participation and civic engagement. Now and in the future, the government must succeed where it has recently failed to ensure that all its citizens have an opportunity to participate in Turkish society and institutions on the basis of fundamental equality.   The morning after the election, a woman crosses Taksim Square.

  • Press Conference Following U.S. Congressional Delegation Meetings in Bosnia

    Thank you Madam Ambassador.  We appreciate it very, very much.  And this is indeed a bicameral and bipartisan delegation of members of the United States Congress and I am pleased to be here in Sarajevo for my fifth visit.  This is a nine-member congressional delegation. It represents – as the Ambassador said – the bicameral U.S. Helsinki Commission, of which I’m privileged to serve as chair.  The Helsinki Commission and its members from the United States Congress have always cared about Bosnia and Herzegovina.  Its first congressional visit here was in early 1991, before the conflict began.  Commissioners returned when they could during the conflict, and have come back on several occasions after the conflict to assess and encourage recovery and reconciliation.   This time, we come here first and foremost to let both the political leaders and the people of Bosnia and Herzegovina know the United States remains interested and engaged in the Balkans.  The progress we want to see throughout the region must include progress here in Bosnia.  We are committed to protecting the country’s sovereignty and territorial integrity in line with the 1995 Dayton Agreement, and we support Bosnia’s aspirations for European and Euro-Atlantic integration.  Efforts to undermine state institutions, along with calls for secession or establishment of a third entity, violate the spirit and letter of the Dayton Accords and endanger the stability of Bosnia and Herzegovina, and the entire region, and they diminish the likelihood of progress for local families and job creators.   We encourage the Bosnian government to undertake the necessary reforms to make integration a reality.  The inability to make Bosnia’s government more functional, efficient, and accountable is holding this country back.  It is the consensus of the international community that the people of Bosnia and Herzegovina are ill-served by their government’s structure. Bosnia should correct one glaring shortcoming.  The discriminatory ethnic criteria that prevent some Roma, Jewish, Serbs in the Federation, Croats and Bosniaks in the Republika Srpska, and other citizens who do not self-identify with a group from seeking certain public offices is unacceptable and can easily be addressed.  Bosnia’s neighbors are making progress, and we do not want to see this country fall further behind.   In our meeting with Members of the Bosnian Presidency, we expressed our frustrations with the political impasse and often dangerous rhetoric.  We urged stronger leadership and a more cooperative spirit in moving this country forward, together.  This should include electoral reform now and a serious commitment to the additional reforms that are obviously needed in the near future.  We are tired of the way ethnic politics dominates debate and makes decision-making such a difficult progress.  We share this impatience with our allies and the people this country would like to move closer toward.  This does not enhance the future of young people who want to stay and raise families in Bosnia, and it places a drag on efforts toward Euro-Atlantic integration. We encouraged international mission heads and the diplomatic community based here in Bosnia to defend human rights, democracy, the rule of law and all principles of the Helsinki Final Act in their important work.  In these areas, there should be no compromises here in Bosnia that we would not accept elsewhere.  Working together, the United States and Europe must deal firmly with those who seek to undermine those principles in any way, and that should include – for the worst offenders – coordinated sanctions on their ability to travel and on their individual assets.  We also need to work with Bosnian officials to counter external forces that actively seek to make Bosnia even more vulnerable to internal instability than it already is right now.  We are proud of the work between the United States and Bosnian officials thus far on countering terrorism.  We hope Bosnia remains committed to prosecuting and rehabilitating foreign terrorist fighters through ensuring longer sentences for convicted terrorists. Second to sending a strong U.S. message, we come to hear the voices of the people.  The Helsinki Commission and members of Congress regularly meet with diplomats and senior officials from Bosnia who visit Washington.  Their views are important, and we have good discussions, and we had good discussions this time.  However, we often wonder what the people of Bosnia truly think about their situation.  To that end, we met here with citizens who continue to be denied their recognized right to seek certain public offices.  We also heard the many concerns of non-governmental representatives.  In Mostar, we met with a young leader whose organization is trying to find common ground among the people of that spectacular city, which is still divided in too many ways.  It is deplorable that the citizens of Mostar have been denied their right to vote in local elections since 2008; we call on Bosnia’s political leaders to set aside the differences and work toward a compromise that resolves the impasse. We encourage all citizens of Bosnia and Herzegovina to give priority not to protecting ethnic privileges that keep them segregated from one another, but to promoting policies that will give them jobs, greater opportunity, a 21st century education, and the prosperity they want for their children and grandchildren.  To succeed, Bosnian citizens must all move forward together.   However, ethnic divisions continue to thwart needed cooperation.  We sense that these divisions are not as deep as claimed by the political leaders who exploit them. They exploit them for power, in our judgment.  And if there is one thing which should unite all Bosnians, it should be the desire to end the rampant corruption that robs this country of its wealth and potential. We hope that the upcoming Bosnian elections are not only conducted smoothly and peacefully, but their results reflect the genuine will of the people.  Democracy is strengthened when voters cast their ballots based, not on fear, pressure or expectation, but based on their own, personal views regarding the issues and opinions of the candidates, their views and their character.  The outcome must accurately capture these individual sentiments.  We hope for progress on electoral reform, in line with accepted norms for free and fair elections, so that election results can be implemented and a government formed.  We are dismayed at the lack of political diversity within some of the main ethnic groups in this country, and take issue with those who argue they are entitled to a monopoly in representing those groups. A third and final reason this delegation has come to Bosnia and Herzegovina is to remember —as American citizens and elected officials — why the United States of America should continue to care about Bosnia and Herzegovina, even when so many other crises demand attention.  We are reminded, in that regard, of the upcoming anniversary of the genocide at Srebrenica and the unimaginable pain and loss that lingers from that and other wartime atrocities.  Some of us visited the War Childhood museum, reminding us as well of the innocence and vulnerability of civilian victims.  We also remember past U.S. leadership in responding to the conflict.  The address of this building is “1 Robert C. Frasure Street,” after one of three American envoys who lost their lives on nearby Mount Igman while seeking to bring peace to this country.  Their work, and that of so many other American diplomats, soldiers and citizens who have continued their work to this day, cannot be left unfinished.   Finally, we also witnessed the incredible beauty of the countryside, the vibrancy of places like Sarajevo and Mostar, and the generous hospitality of the people.  Having been through so much, they deserve better than they have right now.            We therefore leave here more committed than ever to this country’s future, and as confident as ever in our ability to work together to build that future.  We support Ambassador Cormack here in Sarajevo and will continue to encourage our government in Washington to take further steps to encourage the good governance and prosperity that the citizens of this country deserve.

  • Chairman Wicker Introduces Resolution Emphasizing Importance of NATO to Regional Security

    WASHINGTON—Helsinki Commission Chairman Sen. Roger Wicker (MS) introduced a bipartisan resolution (S.Res.557) emphasizing the importance of NATO to the collective security of the transatlantic region and urging its member states to work together to strengthen the alliance at the July 11-12 NATO summit in Brussels.  “NATO remains the cornerstone of transatlantic and global security. This resolution underlines the need for our allies to boost their contributions to our collective defense. It also encourages practical steps at the upcoming NATO summit to bolster the alliance’s effectiveness against current and emerging threats,” said Chairman Wicker. “We must always work to strengthen the alliance if we want it to serve our collective security as well as it has in its first seven decades.”  Sen. Ben Cardin (MD), a senior member of the Senate Foreign Relations Committee and ranking Senate commissioner, is the lead co-sponsor of the resolution. Other original co-sponsors of S.Res.557 include Helsinki Commissioners Sen. Thom Tillis (NC) and Sen. Jeanne Shaheen (NH), who also co-chair the Senate NATO Observer Group. “NATO summits are important occasions to send messages of solidarity with our NATO allies and reaffirm our continued commitment to transatlantic principles, including democracy and the rule of law,” said Sen. Cardin. “This resolution underlines that NATO is rooted in a foundation of shared values, and that any backsliding on individual liberty, corruption, or human rights risks eroding that foundation.” S.Res.557 reaffirms the enduring commitment of the United States to NATO’s collective defense, enshrined in Article 5 of the North Atlantic Treaty, and urges all NATO member states to be prepared to meet their respective Article 5 obligations.  It also pledges support for measures to deter Russian aggression against the territory of any NATO ally. The resolution underlines the need for NATO’s “open door policy” to remain in effect and for the alliance to extend an invitation to any aspirant country that has met the conditions required to join NATO. Finally, it urges leaders at the Brussels summit to ensure the alliance makes key changes to meet urgent security threats and counter new challenges. “As I stated when we re-established the NATO Observer Group, our alliance must be prepared to face a broad range of threats, including hybrid and cyber threats from Russia and other adversaries,” said Sen. Tillis. “A strong and committed NATO alliance remains vital as our community of democracies continues to expand and thrive.” “This resolution underscores the need for the United States to work closely with our allies to modernize NATO to respond to the ever-evolving threats facing western democracies, particularly from the Kremlin,” said Sen. Shaheen. “Continued cooperation with NATO allies will be integral to our efforts to safeguard our country’s national security and protect the United States.”

  • Inaugural PADWEEK Addresses Racial Discrimination across Europe

    On May 19, 2018, African-American Meghan Markle wed Prince Harry at St. George’s Chapel in Windsor, England. Black culture was celebrated throughout the event: Queen Elizabeth II’s first female black chaplain offered prayers, a black British choir sang African-American Ben E. King’s “Stand By Me,” and Chicago-based African-American Episcopalian bishop Michael Curry quoted civil rights icon Martin Luther King Jr. during his wedding address, preaching on “the power of love.” However, the public discussion leading up to the wedding was riddled with racial stereotyping and prejudice spurred by Markle’s biracial identity—her father is white and her mother is black. British news outlets were heavily criticized for racial insensitivity after commenting on Markle’s “unconventional family,” and using phrases like “unlikely pairing” to further differentiate between the prince and Markle. Unfortunately, racial bias is not confined to Markle—now Duchess of Sussex—but instead extends to many black people in Europe. According to four comprehensive reports from the Organization for Security and Cooperation in Europe, the European Commission, the EU Agency for Fundamental Rights, and Open Society Foundations, a significant percentage of the estimated 15–20 million people of African descent living in Europe have experienced high rates of prejudice and discrimination. Just days before the wedding, racial equality advocates from across Europe gathered in Brussels to address this problem. At the inaugural People of African Descent Week (PADWEEK), organized by the European Parliament Anti-Racism and Diversity Intergroup, Transatlantic Minority Political Leadership Conference, Each One Teach One, and the European Network Against Racism, more than 100 black European activists discussed current racial injustices in Europe and recommended ways for European leaders to respond to increasing hate and discrimination across the region. Attendees included black policymakers, business leaders, and human rights activists from across Europe. Helsinki Commissioners Rep. Alcee Hastings (FL-20) and Rep. Gwen Moore (WI-04) were two of nine honorary hosts. “Whether in America or Europe, we must all do more to uphold the democratic values of our nations,” Commissioner Hastings said in a statement. “Skin color should not determine one’s access to rights, protections, and opportunities in a democracy.” Though the agenda was full with discussions ranging from BREXIT to migration to Africa-EU relations, PADWEEK addressed issues of racial discrimination head-on and introduced new ways to find solutions. It called for change to a well-ingrained European system that has left black people by the wayside for centuries. Race and legal issues were raised repeatedly in discussions. German legal expert and human rights activist Thomas Ndindah called for justice for Oury Jalloh, an asylum seeker who burned to death in a German police cell while handcuffed to a mattress in 2005. Participants also questioned a so-called “Marshall Plan” for Africa, the name of which alludes to the American-European economic plan that helped rebuild Western Europe following World War II. Participants voiced concerns that African countries were not being viewed as equal partners in the negotiations or consulted on the name. Instead, many attendees viewed the plan as Europeans paying African governments to keep unwanted African migrants from reaching Europe, while at the same time purposefully attracting Africa’s highly skilled professionals to Europe. This raised one question: how would Africa benefit from this “Marshall Plan” for Africa if Africa’s brightest and best were contributing to countries elsewhere? The week ended with a list of recommendations from participants and a passionate speech by Mirielle Fanon-Mendes-France, daughter of twentieth century philosopher Frantz Fanon. She called on European institutions to deliver on longstanding promises to address the ongoing impact of colonialism and slavery on the present-day well-being of black Europeans. Recommendations from PADWEEK included: Recognizing the history of past injustices by adopting a European Black History Month and a Remembrance Day for victims of colonialism and enslavement Supporting empowerment and anti-discrimination initiatives by funding black-led civil and human rights organizations Adopting legislation in the European Parliament on an EU Framework for National Strategies for Equality and the Inclusion of People of African Descent in Europe

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