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Helsinki Commission Welcomes Unveiling of Berlin Memorial for Romani Genocide Victims
Wednesday, November 21, 2012

On October 24, more than 600 people in Berlin attended the unveiling of the Memorial for the Sinti¹ and Roma of Europe Murdered under National Socialism. Leaders of the Helsinki Commission, who had underscored the importance of the monument, welcomed the event.

Rep. Chris Smith (NJ-04), Chairman of the U.S. Helsinki Commission, observed that the memorial “marks an important step in acknowledging and teaching about the fate of Roma at the hands of the Nazi regime and the Axis powers: persecution, confiscation of property, forced sterilization, slave labor, inhumane medical experimentation, and ultimately genocide.”

Proposals to erect a memorial to the Romani victims of genocide emerged in the early 1990s after the unification of the Federal Republic of Germany and German Democratic Republic and at a time when German acknowledgement and remembrance took on additional dimensions. Those efforts, however, bogged down over questions regarding the location of the proposed memorial and the content of inscriptions. (Concerns raised by the artist over materials and weather-related construction complications also contributed to interruptions.) German government officials also suggested some delays were caused by differing views among Romani groups, particularly regarding the inscriptions; some critics of the delays suggested there was an insufficient sense of ownership and political will on the part of the government.

Senator Ben Cardin (MD), Co-Chairman of the Commission, noted the singular role of Romani Rose, Chairman of the Central Council of German Sinti and Roma, and “his tireless work to ensure that Romani victims of genocide are remembered and honored.” Rose, who lost his grandparents at Auschwitz and Ravensbrueck, was a driving force to see the memorial completed. Cardin added, “I am deeply heartened that efforts to build this memorial, underway for over a decade, have finally been realized.”

German government officials at the most senior level attended the unveiling of the genocide memorial, including Chancellor Angela Merkel, President Joachim Gauck, Bundestag President Norbert Lammert, Bundesrat President Horst Seehofer, and Berlin Mayor Klaus Wowereit. Former President Richard von Weizsacker, in spite of advanced years and frail health, was also present. Federal Minister of Culture Bernd Neumann described the memorial “a pillar of German remembrance.”

U.S. Ambassador to Germany Patrick Murphy and Special Envoy for Holocaust Issues Douglas Davidson represented the United States. Dr. Ethel Brooks, who has served as a public member with the U.S. Delegation to the 2011 and 2012 OSCE Human Dimension Implementation Meetings, also attended the ceremony.

The memorial, designed by Israeli artist Dani Karavan, was widely hailed as a deeply moving testimony to the genocide of Romani people.

Dutch Sinto survivor Zoni Weiss addressed the hundreds of people who attended the event. As a 7-year-old, Weiss narrowly avoided being placed on the Westerbork transport from the Netherlands due to the intervention of platform policeman, but watched as his immediate family was sent to Auschwitz where they perished.

The unveiling ceremony was also accompanied by a week of events in Berlin focused on Romani history, culture and contemporary issues. Gert Weisskirchen, former German Member of the Budestag and former OSCE Personal Representative on Anti-Semitism, organized a round-table focused on contemporary challenges faced by Roma.

In her remarks at the event, Chancellor Merkel also acknowledged the on-going struggle for human rights faced by Roma throughout Europe, saying bluntly, “let’s not beat around the bush. Sinti and Roma suffer today from discrimination and exclusion.” Romani Rose warned more pointedly, “In Germany and in Europe, there is a new and increasingly violent racism against Sinti and Roma. This racism is supported not just by far-right parties and groups; it finds more and more backing in the middle of society.”

Background

The Nazis targeted Roma for extermination.

Persecution began in the 1920s, and included race-based denial of the right to vote, selection for forced sterilization, loss of citizenship on the basis of race, and incarceration in work or concentration camps.

The most notorious sites where Roma were murdered include Auschwitz in Nazi-occupied Poland, the Jasenovac camp in the so-called Independent State of Croatia, Romanian-occupied Transnistria, and Babi-Yar in Nazi-occupied Ukraine.

In other parts of German occupied or German-allied territory, Roma were frequently killed by special SS squads or even regular army units or police, often left in mass graves.

Many scholars estimate that 500,000 Roma were killed during is World War II, although scholarship on the genocide of Roma remains in its infancy and many important archives have only become available to a broader community of researchers since the fall of communism.

In recent years, for example, Father Patrick Desbois has helped document the location of 800 WWII-mass graves in Ukraine and elsewhere in the former Soviet Union, including 48 mass graves of Roma.

German postwar restitution legislation and its implementation effectively excluded almost all Romani survivors. Those most directly responsible for actions against Roma escaped investigation, prosecution and conviction. Several officials responsible for the deportations of Roma before and during the war continued to have responsibility for Romani affairs after the war.

In 1979, the West German Federal Parliament acknowledged the Nazi persecution of Roma as being racially motivated.

In 1982, Chancellor Helmut Schmidt recognized that the National Socialist persecution of Romani people constituted genocide.

The first German trial decision to take legal cognizance that Roma were genocide victims during the Third Reich was handed down in 1991.

In 1997, Federal President Roman Herzog opened a Documentation and Cultural Center of German Sinti and Roma, saying “The genocide of the Sinti and Roma was carried out from the same motive of racial hatred, with the same intent and the same desire for planned and final annihilation as that of the Jews. They were systematically murdered in whole families, from the small child to the old man, throughout the sphere of influence of the Nazis.”

At the 2007 OSCE Human Dimension Implementation Meeting, Thommas Hammarberg, Council of Europe Commissioner for Human Rights, observed that, “[e]ven after the [ . . . ] Nazi killing of at least half a million Roma, probably 700,000 or more, there was no genuine change of attitude among the majority population towards the Roma.”

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And rights experts, political analysts and academics say that, given Mr. Orban’s track record and espousal of “illiberal democracy,” the measures he says he is taking to fight the virus could become fixtures in Hungarian public life, used to crack down on opposition well after the threat of the virus passes. European Union officials believe that the statement issued Tuesday, which came from Ms. von der Leyen personally, sent a clear message to Mr. Orban — even without naming him. European Commission lawyers are now closely watching how he enforces Hungary’s new measures, the officials said. But they said that now — as Europe battles to stem the spread of the virus and mitigate its catastrophic economic damage, and with many nations suspending some liberties — was not the moment to pick a fight with just one member. That measured approach surprised some observers, despite the fact that the commission often takes a conciliatory stance toward wayward members in a bid to entice them to reform voluntarily. (That has never worked with Hungary.) “It is bizarre,” Daniel Freund, a member of the European Parliament who belongs to the German Greens political party, said of Ms. von der Leyen’s statement. “The decision that the Hungarian Parliament took yesterday is a watershed moment,” Mr. Freund said. “Now you have to do something, or we really lose democracies.” Mr. Freund and other members of the European Parliament believe that even before the European Commission opens a formal investigation into Hungary’s new law, which would take months, it should use existing rules to put pressure on Mr. Orban. “If we end up after the crisis with a virus well fought but democracy lost in several member states, that’s an unacceptable situation,” Mr. Freund said. Daniel Kelemen, a professor European Union politics and law at Rutgers University, said the epidemic could prove an opportunity for the Hungarian leader. “Throughout his consolidation of power, Orban has counted on the European Union to be distracted with other crises,” he said. “But now,” Mr. Kelemen said, “the scale of this crisis does call for consolidation of power for the executive, so it gives him more effective cover for this next stage of escalation.” Mr. Orban’s hold on power was unparalleled by European Union standards well before Monday’s vote authorizing him to rule by decree. In practical terms, Mr. Orban and his allies already controlled the legislative and executives branches of government, and had stacked the Constitutional Court. With Mr. Orban’s parliamentary opposition unable to slow his political machine, the European Union has shown itself to be the only entity capable of curbing his power, but the results have been mixed. Lengthy and cumbersome European Union legal proceedings could not stop Mr. Orban and his allies from taking over the Hungarian media landscape, weakening the independence of the judiciary, levying a special tax on nongovernmental organizations receiving foreign funding, or ejecting the Central European University from the country. In the end it may be Mr. Orban’s love for European financial aid, not freedoms, that acts as a brake on his government. “Aware that the European Union is watching, Orban is likely to tread modestly at first,” said Mujtaba Rahman, the head of Europe at Eurasia Group consultancy. “He will not wish to put at risk the €5.6 billion windfall granted to Hungary by the European Parliament last week as its portion in the union’s efforts to battle the coronavirus." President Trump has warmly embraced Mr. Orban. Mr. Trump’s ambassador in Hungary has spoken glowingly about Mr. Orban’s grip on power and said that Mr. Trump would love to have the powers of his Hungarian counterpart. But Mr. Orban’s autocratic tendencies have long alarmed others in Washington, particularly lawmakers who serve on the Commission on Security and Cooperation in Europe, known as the Helsinki Commission. A congressional delegation visited Hungary last year to investigate democratic backsliding.

  • Chairman Hastings Introduces LITE Act to Strengthen Ties with U.S. Allies, Support Visionary Leadership on Both Sides of the Atlantic

    WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) yesterday introduced the Leadership Institute for Transatlantic Engagement (LITE) Act (H.R.6239) to strengthen ties with U.S. allies, protect democratic institutions, and support visionary leadership on both sides of the Atlantic. “Numerous challenges are putting western democracies and the transatlantic partnership at risk, including disparities in wealth, health, employment, education, and justice that lead citizens to question whether democracy can deliver on its promise of freedom and opportunity for all,” said Chairman Hastings. “We must find new and better ways to help democratic leaders ensure that laws are equitable, transparent, and enforced; elections are free and fair; and the same protections, rights, and laws are extended to all in their constituencies.”  LITE would further codify transatlantic leadership exchanges and knowledge-building activities to equip western policymakers with legislative, communications, conflict resolution, and other leadership tools to strengthen democratic institutions in their societies as well as the transatlantic relationship.  Recognizing the rapid and ongoing demographic change on both sides of the Atlantic, LITE focuses on inclusive and intergenerational solutions to current challenges and would empower individuals across generations and from diverse backgrounds with the knowledge, tools, opportunity, and access to fully participate in their democracies. In addition, LITE would assist in community reunification by helping leaders develop strategies to build resilience against the exploitation of community grievances that can lead to dangerous divisions in society. For more than a decade, the Helsinki Commission has convened U.S. and European policymakers with the State Department and other partners under the banner of the Transatlantic Minority Political Leadership Conference and Transatlantic Inclusion Leaders Network to support increased political representation in western democracies.  In 2019, Helsinki Commission held hearings featuring European lawmakers, and focusing on global leadership, democracy, and public diplomacy.  In February 2020, the Helsinki Commission hosted more than 30 young legislators from OSCE participating States and partner countries to discuss the role of young people in peace and security efforts and forge a transatlantic network for political action to address emerging human rights and security challenges.

  • Chairman Hastings Introduces Bill to Promote Diversity and Inclusion in the Federal Workforce

    WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) yesterday introduced H.R.6240, a bill to establish a government-wide diversity and inclusion plan to ensure fair access and opportunity to federal jobs for all Americans.  “Estimates indicate that by 2050, more than half of the U.S. workforce will be made up of Americans from diverse populations,” said Chairman Hastings. “Effectively governing our nation will require that we fill federal jobs—whether they are in the military, intelligence, foreign service, health, or education sectors—with an equally diverse federal workforce who can meet the needs of our country.” The bill would require the development of a government-wide diversity and inclusion plan to ensure that all branches of the federal government are engaged in multi-year strategic planning to recruit, hire, promote, retain, and support workers representing America’s diverse talent pool. It also calls for a review of diversity in government contracting and grant-making. “Diversity and inclusion are the underpinnings of democratic societies,” said Chairman Hastings. “It is time to ensure that those from all segments of our society have an equal opportunity to contribute to the future of our nation as part of the vibrant workforce that is at the heart of our democracy.” The introduction of the bill follows the February 2020 GAO report highlighting problems in the State Department and legislative initiatives to increase diversity in the national security workforce.  Advancing societies that are safe, inclusive, and equitable is central to the work of the Helsinki Commission. The commission supports programs to address inequities in employment, political participation, and other sectors for women and minorities and strives to empower communities to unite against bias and discrimination to foster truly democratic, inclusive, and free societies.

  • Restrictions on Civil Society in Hungary

    Since returning to power in 2010, Viktor Orban has systematically dismantled a system of checks and balances, facilitating the consolidation of control by the Fidesz government, which is now in its fourth (third consecutive) term. This has included introducing significant changes to the legal framework for parliamentary elections; stripping hundreds of faiths of their state recognition in 2011 and then channeling money to religious groups that do not challenge government positions (increasing dependence of those groups on the state); overseeing the consolidation of most Hungarian media, first into the hands of government-tied oligarchy and then into a single foundation exempt from anti-trust regulation; and eroding judicial independence by, for example, expanding and packing the constitutional court. In light of restrictions imposed on political opposition, faith organizations, the media and the judiciary, the role of Hungarian civil society in holding the government to account (by, for example, suing the government for non-compliance with the Hungarian constitution or Hungary’s international legal commitments) has taken on heightened importance. At the same time, civil society organizations have become the targets of escalating rhetorical attacks and legislative restrictions, including laws that significantly lower the bar for what it takes to jail people who seek to exercise their freedoms of speech, assembly, and association. Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law and Daniela Ondraskova, Max Kampelman Fellow

  • Chairman Hastings on Anniversaries of Sumgait Pogrom and Khojaly Massacre

    WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) yesterday issued a floor statement on the anniversaries of the Sumgait Pogrom and the Khojaly Massacre, two pivotal tragedies in the in the decades-long conflict between Armenia and Azerbaijan over the territory of Nagorno Karabakh. The statement reads in part: “Although separated by four years and 200 miles, the Sumgait Pogrom in 1988 and Khojaly Massacre in 1992 both demonstrated the heinous potential of interethnic hatreds to tear apart communities and trample human dignity. The commemoration of these horrific events is an opportunity to reflect on the innocent lives lost in this ongoing conflict as well as a chance to affirm the need for urgent steps to heal these wounds and sue for peace once and for all… “I strongly encourage the political leadership in Yerevan and Baku to use these solemn commemorations of Sumgait and Khojaly this week to turn a new page in this terrible conflict. The most fitting way to honor the lives of those lost would be through words of reconciliation and steps toward peace. Together, the peoples of Armenia and Azerbaijan can ensure such atrocities are never be repeated and that future generations will know a life of secure and prosperous coexistence.” Download the full statement.  

  • Human Rights and Democracy

    For nearly three decades, the Organization for Security and Cooperation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) has been at the forefront of efforts to promote human rights and democracy throughout the 57-nation OSCE region. Although best known for international election observation, ODIHR has also been instrumental in countering various forms of intolerance, helping governments combat human trafficking, protecting human rights defenders, and implementing OSCE commitments to fundamental freedoms. The U.S. Helsinki Commission convened the hearing to demonstrate bipartisan support for ODIHR, to reinforce the U.S.’s support related OSCE initiatives, and to hear about the ongoing work of ODIHR.  Commission Ranking Member Rep. Joe Wilson (SC-02) chaired the hearing and was joined by Commissioners Rep. Robert Aderholt (AL-04), Rep. Steve Cohen (TN-09), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. Wilson’s opening remarks highlighted the historic achievements of ODIHR, which include assisting countries to “transition from communism to democracy,” supporting “civil society participation in OSCE events,” and facilitating “strong cooperation with the Parliamentary Assembly.”  In her first appearance before Congress, ODIHR Director Ambassador Ingibjörg Sólrún Gísladóttir addressed multiple challenges that have impeded the effectiveness of ODIHR activities. She then outlined ODIHR’s role in offering proactive solutions.  In particular, Ambassador Gísladóttir stressed the importance of dialogue and asserted that democracy is about “respect and trust, an acceptance of differing opinions, an exchange of views, and the willingness to share power and seek compromise.” She concluded on an optimistic note, emphasizing unity within the OSCE and its “commitment to democracy and to the wellbeing of its people.” Although conscious of ODIHR’s efforts, commissioners voiced concerns that some OSCE participating States are not complying with their commitments to uphold basic human rights standards. Commissioners specifically acknowledged restrictions on religious freedom in Russia, poor conditions for activists and journalists, and rising anti-Semitism and discrimination against the Roma people across the region. This hearing continued the Helsinki Commission practice of regularly engaging with senior OSCE officials.The Commission typically holds hearing with the foreign minister of the country holding the rotating chairmanship of the OSCE. The Commission has also held hearings with previous ODIHR directors as well as the OSCE Representative on Freedom of the Media.

  • Life Under Occupation

    Nearly six years into Russia’s illegal occupation of Crimea, the human rights situation there continues to deteriorate. Russian authorities have restricted freedom of speech and assembly, suppressed civil society activity, persecuted religious and ethnic minorities, muzzled dissent, and continue to implement an aggressive process of “Russification” toward residents of the peninsula.  The U.S. Helsinki Commission convened the hearing to explore Russia’s ongoing assault on Crimea’s vulnerable minorities, as well as its blatant disregard for human rights. As an occupying power, Russia bears the full weight of responsibility for the abuses being inflicted on the population of Crimea. Panelists discussed Russia’s repression of basic freedoms in Crimea and persecution of those who don’t recognize Russian authority. Commission Chairman Rep. Alcee L. Hastings (FL-20) chaired the hearing and was joined by Commission Co-Chairman Sen. Roger Wicker (MS) and commissioners Sen. Sheldon Whitehouse (RI), Rep. Robert Aderholt (AL-04), and Rep. Marc Veasey (TX-33). Chairman Hastings’ opening remarks addressed Russia’s attempts to stymie Ukraine’s relationship with the European community and the brutal tactics used throughout Crimea’s occupation. Hastings shed a light on the harsh reality of Russia’s continued occupation, which is “aimed at forcing a proud people into submission, whether they be civil society activists, community or religious leaders, artists, journalists, or simply those whose religion and ethnicity are viewed with distrust and fear.”   This hearing featured testimony from Oleg Sentsov, a Ukrainian writer and filmmaker who was sentenced to 20 years in jail by a Russian court on trumped-up charges of terrorism in 2014. In 2018, Sentsov became a worldwide symbol of defiance and courage when he launched a hunger strike on behalf of all Ukrainian political prisoners being held by Russia. He was released in September 2019. Tamila Tasheva, Deputy Permanent Representative of the President of Ukraine in the Autonomous Republic of Crimea, and Melinda Haring, Deputy Director of the Atlantic Council’s Eurasia Center, also served as witnesses. Sentsov addressed Russia’s “fabricated legal cases” and “long-term imprisonment” against those who simply think differently. He also testified about the various forms of torture he endured in a Russian prison. Sentsov voiced his appreciation for the United States’ continued efforts to counter Russian aggression in Ukraine and asked that Congress maintain pressure on the Putin regime. Tasheva focused her testimony on Russia’s persecution and internal displacement of “disloyal” groups, specifically the Crimean Tatars. Tasheva also called for the creation of an “international platform for negotiations on the return of the temporarily occupied Autonomous Republic of Crimea and the city of Sevastopol to sovereign Ukrainian jurisdiction.” Haring addressed the lack of free press in Crimea, asserting that “the media is controlled by the government.” She praised Radio Free Europe/Radio Liberty’s Crimea service, which tracks developments in Crimea and broadcasts them in three languages to the Crimean population. Haring also warned that the situation in Crimea is worsening, and that Russia has “effectively turned Crimea into a Russian military base.”  Throughout the hearing, commissioners expressed their concerns for freedom of religion, freedom of movement, and freedom of the press in Crimea. Commissioners also assured witnesses that support for President Zelensky and the fight for freedom in Ukraine is bipartisan and resolute.

  • Director of OSCE Office For Democratic Institutions and Human Rights to Testify at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: HUMAN RIGHTS AND DEMOCRACY Obstacles and Opportunities in the OSCE Region Wednesday, January 29, 2020 10:00 a.m. Longworth House Office Building Room 1334 Live Webcast: www.youtube.com/HelsinkiCommission For nearly three decades, the Organization for Security and Cooperation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) has been at the forefront of efforts to promote human rights and democracy throughout the 57-nation OSCE region. In her first appearance before Congress, ODIHR Director Ambassador Ingibjörg Sólrún Gísladóttir will discuss the organization’s flagship work in international election observation; countering anti-Semitism and other forms of intolerance; and helping governments to combat human trafficking, protect human rights defenders, and better implement their commitments to fundamental freedoms including assembly and religion. The OSCE, the world’s largest regional security body, is based on a comprehensive concept of security that recognizes that respect for human rights and functioning democratic institutions underpin regional peace and security. ODIHR provides support, assistance, and expertise to participating States and civil society to promote democracy, rule of law, human rights, and tolerance and non-discrimination. ODIHR observes elections at the invitation of participating States, reviews legislation, and advises governments on how to develop and sustain democratic institutions. The office also works closely with the OSCE’s field operations and organizes Europe’s largest annual human rights meeting, bringing together annually hundreds of government officials, international experts, civil society representatives and human rights activists.  

  • Helsinki Commission to Hold Hearing on Deteriorating Human Rights Situation in Crimea

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: LIFE UNDER OCCUPATION The State of Human Rights in Crimea Tuesday, January 28, 2020 10:00 a.m. Cannon House Office Building Room 210 Live Webcast: www.youtube.com/HelsinkiCommission Nearly six years into Russia’s illegal occupation of Crimea, the human rights situation there continues to deteriorate.  Russian authorities have restricted freedom of speech and assembly, suppressed civil society activity, persecuted religious and ethnic minorities, muzzled dissent, and continue to implement an aggressive process of “Russification” toward residents of the peninsula.  The hearing will feature Oleg Sentsov, a Ukrainian writer and filmmaker who was sentenced to 20 years in jail by a Russian court on trumped-up charges of terrorism in 2014. In 2018, Sentsov became a worldwide symbol of defiance and courage when he launched a hunger strike on behalf of all Ukrainian political prisoners being held by Russia. He and other witnesses will discuss the Russian Government’s continued assault on Crimea’s vulnerable minorities, as well as its blatant disregard for basic rights. The following witnesses are scheduled to participate: Oleg Sentsov, Ukrainian writer and filmmaker held prisoner by Russia for five years Tamila Tasheva, Deputy Permanent Representative of the President of Ukraine in the Autonomous Republic of Crimea Melinda Haring, Deputy Director, Atlantic Council’s Eurasia Center; Senior Fellow, Foreign Policy Research Institute

  • An Assessment of the Open Skies Treaty

    By Juliet Michaelsen, Max Kampelman Fellow Recently, a somewhat obscure security and confidence-building measure returned to the headlines. In October 2019, reports surfaced that the Trump Administration was considering withdrawing from the Treaty on Open Skies, an overflight arrangement designed to boost military transparency and stability across 34 signatories in North American and Eurasia. What is the Open Skies Treaty? In 1955, President Eisenhower first proposed that the United States and Soviet Union allow aerial observation flights over each other’s territories to reduce the risk of miscommunication and subsequent war. Although initially rejected by the Soviets, the idea of Open Skies was revived by President George H.W. Bush in 1989. Bush built on Eisenhower’s vision, suggesting the agreement not just be between the United States and the Soviet Union, but also between NATO and the Warsaw Pact. In 1992, the Open Skies Treaty was signed by the United States, Canada, Russia, and 21 European states. Since the treaty entered into force in 2002, membership has increased to 34 states. The treaty requires that all participants allow observation aircraft to fly over their territory to observe and take pictures of military forces and activities. These images are shared with the observing and observed states, and available for purchase by other treaty signatories. The Open Skies Treaty’s fundamental purpose—enhancing military transparency and cooperation—flows from the same set of commitments that underpin both the Helsinki Commission and the Vienna-based Organization for Security and Cooperation in Europe (OSCE). As Alexandra Bell noted during a Helsinki on the Hill podcast on Open Skies, this “increased openness between militaries will reduce tensions between states and limit the probability of conflict [because] if you know what another country has, if it’s clearly observable to you, you don’t have to plan for things that you’re just guessing about.” Assessing the Treaty During the treaty’s almost 18 years of implementation, the parties have conducted over 1,500 observation flights. The cooperation required to solve logistical problems (such as air traffic control) and inspect planes is one important confidence-building measure. Another is the fact that host countries also have personnel on any observation flight, thus ensuring the flight stays within its agreed plan. This collaboration increases mutual trust and encourages cooperation. Additionally, the Open Skies Consultative Commission, the implementing body of the Open Skies Treaty based at the Organization for Security and Cooperation’s (OSCE) headquarters in Vienna, provides one of the few remaining forums where the United States and Russia can discuss problems and collaborate on solutions. The treaty also allows the United States to provide an important benefit to its allies and partners, who typically ride on flights conducted by the United States. Specifically, as Rep. Emmanuel Cleaver II noted during a joint hearing of the Helsinki Commission and the House Foreign Affairs Subcommittee on Europe, Eurasia, Energy and the Environment, the treaty “allows even small countries a way to get information on military activities around them [which] has been even more important given the Kremlin’s propensity to violate established borders.” One notable example came in December 2018 after Russia attached Ukrainian naval vessels near the Kerch Strait. The United States undertook an Open Skies flight, which was “intended to reaffirm U.S. commitment to Ukraine and other partner nations,” according to the Department of Defense, a message underscored by the flight’s inclusion of personnel from Canada, Germany, France, the United Kingdom, Romania, and—crucially—Ukraine. The Open Skies Treaty also has heightened transparency, specifically between the United States and Russia. Both countries have conducted numerous observation flights over the other’s territory. The United States and its allies have flown about 500 flights over Russia since the treaty’s implementation, including 16 in 2019 alone. According to the State Department, the United States participated in nearly three times as many flights over Russia as Russia has over the United States. The images captured by these flights serve as a crucial, credible, unclassified source of information about Russian forces at a time when Europe and the United States are often uneasy about Russia’s intentions. The Open Skies Treaty does face criticism by some politicians and analysts. For example, a Senate resolution introduced by Sens. Ted Cruz and Tom Cotton calls for the United States’ withdrawal from the Open Skies Treaty, citing Russia’s partial non-compliance as a major problem the treaty. Specifically, Russia has restricted Open Skies flights over its military hub in Kaliningrad and restricted the conduct of flights near its border with South Ossetia and Abkhazia. However, the State Department does not consider these problems insurmountable and has taken many steps to address these issues, including bringing the problem to the Open Skies Consultative Committee, restricting Russian flights over Hawaii, and denying access to two United States airbases. The Future of the Open Skies Treaty In the wake of President Trump’s reported plan to withdraw the United States from the Open Skies Treaty, many members of Congress have expressed support for the agreement and warned of the dangers of withdrawal. House Foreign Affairs Committee Chairman Rep. Eliot Engel first sounded the alarm in a publicly released letter to National Security Advisor Robert O’Brien on October 7, 2019. In the letter, Engel expressed concern about such reports and argued that “American withdrawal would only benefit Russia and be harmful for our allies’ and partners’ national security interests.” Soon after, numerous members of Congress came together to urge foreign policy officials to keep the treaty. House Armed Services Committee Chairman Rep. Adam Smith and Sens. Robert Menendez and Jack Reed (the ranking members of the foreign relations and armed services committees, respectively), joined Rep. Engel in writing a letter to Secretary of State Pompeo and Secretary of Defense Esper, highlighting the importance of Open Skies. A similar letter was sent to Secretary Pompeo by 11 Democratic senators two weeks later. In November 2019, Helsinki Commission Chairman Rep. Alcee L. Hastings co-sponsored the bipartisan “Open Skies Treaty Stability Act,” which would prevent the president from unilaterally withdrawing the United States from the treaty by setting conditions on any potential steps towards withdrawal. The bill specifically notes that “due to the significant benefits that observation missions under the Open Skies Treaty provide to the United States and United States allies, the United States should commit to continued participation in the Treaty; and the President should not withdraw the United States from the Open Skies Treaty.” Support for the Open Skies Treaty extends beyond Capitol Hill. For example, in an October 20, 2019, Wall Street Journal contribution, former-national security officials George Shultz, William J. Perry and Sam Nunn suggested that “Open Skies has become what Eisenhower envisioned—a critical confidence-building treaty that improves Euro-Atlantic security with every flight. The U.S. should preserve this agreement, particularly in a time of renewed tensions with Russia.”  Similar calls have come from abroad. The Political and Security Affairs Committee Chair of the OSCE Parliamentary Assembly (OSCE PA) strongly urged the United States to stay in the treaty, citing the increased transparency and cooperation fostered by the agreement. Meanwhile, Ukraine’s Foreign Ministry expressed their interest in “maintaining and implementing this treaty” in a statement to the Wall Street Journal. The vocal advocacy both within and outside of the United States for the continuation of the Open Skies Treaty sheds light on its important role in Euro-Atlantic security and cooperation.

  • Chairman Hastings Urges Ukraine to Grant Akhmetova Political Asylum

    WASHINGTON—Ahead of Tuesday’s trial to determine whether journalist and activist Zhanara Akhmetova will be granted political asylum in Ukraine or face extradition to her home country of Kazakhstan, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) released the following statement: “By granting asylum to Zhanara Akhmetova, the Government of Ukraine can demonstrate its commitment to protecting the fundamental freedoms of those who peacefully express political dissent. Her request for asylum clearly is motivated by real and dangerous political persecution in her home country. Ukraine must stand firmly on the side of human rights and allow Ms. Akhmetova to remain safely in the country.” Akhmetova fled to Ukraine in 2017 after she was targeted by authorities in Kazakhstan for her reporting and for peacefully expressing her political opinions through the Democratic Choice of Kazakhstan (DCK) movement, an opposition party associated with the main political opponent of former President Nazarbayev. Later that year, Ukrainian authorities detained her following a request by the Government of Kazakhstan, which previously has misused Interpol mechanisms to target opposition figures. In the past, Ukrainian authorities sometimes have cooperated with requests by the authorities of Central Asian states to return persecuted individuals. Persons affiliated with the DCK have previously faced mistreatment and torture at the hands of Kazakh authorities, suggesting that Akhmetova’s extradition would seriously endanger her safety. Ukrainian migration authorities have twice denied Akhmetova’s request for asylum, although Ukraine’s Supreme Court has ordered that the case be reconsidered as political.

  • Co-Chairman Wicker Introduces Ukraine Religious Freedom Support Act in Senate

    WASHINGTON—Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) yesterday introduced the Ukraine Religious Freedom Support Act (S. 3064) in the Senate. The legislation would combat Russia’s religious freedom violations in the Crimea and Donbas regions of Ukraine. Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) and Commissioner Rep.  Emanuel Cleaver, II (MO-05) introduced a bipartisan companion bill in the House of Representatives last week. “The Kremlin’s illegal land grab is accompanied by a brutal crackdown on religious freedom in Crimea and the Donbas,” said Co-Chairman Wicker. “This legislation would combat persecution of faith communities in Ukraine and ensure that Russian authorities are held responsible for their actions.” The Ukraine Religious Freedom Support Act would require the president of the United States to consider particularly severe violations of religious freedom in Russia-occupied or otherwise controlled territory in Ukraine when determining whether to designate Russia as a Country of Particular Concern (CPC) for such violations. The bill would clarify that Russia should be held responsible for violations in territory it controls or occupies illegally, not just for violations inside Russia’s internationally-recognized borders. The International Religious Freedom Act of 1998 requires the president to designate CPCs when their governments engage in or tolerate particularly severe violations of religious freedom. It also requires the president to take 15 specific actions, or other commensurate action, in response. Last year, on behalf of President Donald Trump, Secretary of State Mike Pompeo designated Russia for the Special Watch List of countries where violations are severe. Russian forces first invaded Crimea in February 2014 and continue to occupy it illegally. Since April 2014, Russia has controlled parts of the Donbas region in eastern Ukraine with non-state armed groups and illegal entities under its command. Under international humanitarian law, including the Geneva Conventions, Russia is responsible for religious freedom violations in Crimea and parts of the Donbas. As a participating State of the Organization for Security and Cooperation in Europe, Russia has repeatedly committed to respect and protect freedom of religion or belief. The Helsinki Commission has compiled 16 documents outlining religious freedom commitments made by OSCE participating States.

  • Helsinki Commissioners Introduce Ukraine Religious Freedom Support Act

    WASHINGTON—Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) and Commissioner Rep.  Emanuel Cleaver, II (MO-05) yesterday introduced the bipartisan Ukraine Religious Freedom Support Act (H.R. 5408) in the House of Representatives. The legislation combats Russia’s religious freedom violations in the Crimea and Donbas regions of Ukraine. Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) plans to introduce a companion bill in the Senate next week. “For more than five years, Russia has illegally occupied Crimea and controlled part of the Donbas with the armed groups it commands. Kremlin personnel and proxies abduct, imprison, and torture people in those regions for their faith,” said Rep. Wilson. “Russian officials are culpable, and this bill helps ensure they are held accountable.” “The Kremlin persecutes peaceful religious communities in occupied Crimea and crony-controlled eastern Donbas even more brutally and broadly than it does in Russia,” said Rep. Cleaver. “The Russian Government is violating international humanitarian law and its international commitments to respect and protect religious freedom. Creating consequences for the Kremlin for this lawlessness will mean justice for the people of Ukraine.” The Ukraine Religious Freedom Support Act would require the President of the United States to consider particularly severe violations of religious freedom in Russia-occupied or otherwise controlled territory in Ukraine when determining whether to designate Russia as a Country of Particular Concern (CPC) for such violations. The bill clarifies that Russia should be held responsible for violations in territory it occupies illegally or controls, not just for violations inside Russia’s internationally-recognized borders. The International Religious Freedom Act of 1998 requires the president to designate CPCs when their governments engage in or tolerate particularly severe violations of religious freedom. It also requires the president to take 15 specific actions, or commensurate action, in response. Last year, on behalf of President Donald Trump, Secretary of State Mike Pompeo designated Russia for the Special Watch List of countries where violations are severe. Russian forces first invaded Crimea in February 2014 and continue to illegally occupy it. Since April 2014, Russia has controlled parts of the Donbas region in eastern Ukraine with non-state armed groups and illegal entities it commands. Under international humanitarian law, including the Geneva Conventions, Russia is responsible for religious freedom violations in Crimea and parts of the Donbas. As a participating State of the Organization for Security and Cooperation in Europe, Russia has repeatedly committed to respect and protect freedom of religion or belief. The Helsinki Commission has compiled 16 documents outlining religious freedom commitments made by OSCE participating States. Original co-sponsors of the legislation include Helsinki Commissioners Rep. Gwen S. Moore (WI-04), Rep. Brian Fitzpatrick (PA-01), Rep. Marc A. Veasey (TX-33), and Rep. Steve Cohen (TN-09). Rep. Anna G. Eshoo (CA-18), Rep. Mark Meadows (NC-11), Rep. Mike Quigley (IL-05), Rep. Gus M. Bilirakis (FL-12), Rep. Daniel W. Lipinski (IL-03), Rep. Andy Harris, M.D. (MD-01), and Rep. Marcy Kaptur (OH-09) are also original co-sponsors.

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