Helsinki Commission Slams Legislation in Belarus that Would Extend Use of the Death Penalty to Pro-Democracy and Anti-War ActivistsFriday, May 20, 2022
WASHINGTON—Following the approval of legislation in Belarus that would apply the death penalty to pro-democracy activists and those opposing Russia’s war in Ukraine, and ahead of the May 21 commemoration of the Day of Political Prisoners in Belarus, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “With these amendments to the criminal code, Aleksandr Lukashenko and other senior officials in his regime seek to frighten brave Belarusian citizens into silence. These craven attempts to mute pro-democracy and anti-war activists are doomed to fail. Belarusians have demonstrated time and again that they are stronger than those who seek to oppress them, and that they will not cower even in the face of outright death threats from authorities. “The real criminals here are Lukashenko and his henchmen who attempt to muzzle political opponents, civil society, and the free press. We demand that all political prisoners in Belarus be released, and that Belarusian authorities cease their attempts to terrorize those who freely speak their minds.” Earlier this week, Lukashenko approved changes to the Belarusian criminal code that would extend the use of the death penalty against those convicted of “attempted acts of terrorism.” According to the U.S. Department of State, the Lukashenko regime “has levied politically motivated charges of ‘extremism’ and ‘terrorism’ against many of [Belarus’] more than 1,100 political prisoners and used such labels to detain tens of thousands more.”
Chairman Cardin, Colleagues Introduce Resolution Calling for Release of Russian Opposition Leader Vladimir Kara-MurzaMonday, May 16, 2022
WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD), author of the Global Magnitsky Human Rights Accountability Act, and colleagues introduced a resolution Monday honoring Russian opposition leader Vladimir Kara-Murza and his work for “freedom, democracy and human rights for the people of the Russian Federation.” Kara-Murza was detained in Moscow outside of his home one month ago, just days after testifying before the Helsinki Commission. The resolution calls for his release and urges calls for the U.S. Government to support the cause of democracy and human rights in Russia. Sens. Marco Rubio (FL), Dick Durbin (IL), Jim Risch (ID), Bob Menendez (NJ), Roger Wicker (MS), Ron Johnson (WI), Jeanne Shaheen (NH), Dan Sullivan (AK) and Chuck Grassley (IA) also are original cosponsors. “Vladimir Kara-Murza is a genuine hero, speaking truth to power in Russia, and mobilizing the world to support the Russian people,” said Chairman Cardin, who also is a senior member of the Senate Foreign Relations Committee. “Without his leadership, several countries in Europe would not have enacted their versions of the U.S. Global Magnitsky laws that have broadened the impact of our own sanctions program. We call for his immediate release form unjust imprisonment in Russia.” Last week, Chairman Cardin led a bipartisan letter calling on the Biden administration to sanction publicly “every Russian official and associate involved with the false arrest, detention, and political persecution of Vladimir Kara-Murza.” The full text of the resolution follows. It is scheduled to be considered by the Senate Foreign Relations Committee on Wednesday. Calling for the immediate release of Russian opposition leader Vladimir Kara-Murza, who was unjustly detained on April 11, 2022. Whereas Vladimir Vladimirovich Kara-Murza (referred to in this preamble as “Mr. Kara-Murza”) has tirelessly worked for decades to advance the cause of freedom, democracy, and human rights for the people of the Russian Federation; Whereas, in retaliation for his advocacy, two attempts have been made on Mr. Kara-Murza’s life, as— (1) on May 26, 2015, Mr. Kara-Murza fell ill with symptoms indicative of poisoning and was hospitalized; and (2) on February 2, 2017, he fell ill with similar symptoms and was placed in a medically induced coma; Whereas independent investigations conducted by Bellingcat, the Insider, and Der Spiegel found that the same unit of the Federal Security Service of the Russian Federation responsible for poisoning Mr. Kara-Murza was responsible for poisoning Russian opposition leader Alexei Navalny and activists Timur Kuashev, Ruslan Magomedragimov, and Nikita Isayev; Whereas, on February 24, 2022, Vladimir Putin launched another unprovoked, unjustified, and illegal invasion into Ukraine in contravention of the obligations freely undertaken by the Russian Federation to respect the territorial integrity of Ukraine under the Budapest Memorandum of 1994, the Minsk protocols of 2014 and 2015, and international law; Whereas, on March 5, 2022, Vladimir Putin signed a law criminalizing the distribution of truthful statements about the invasion of Ukraine by the Russian Federation and mandating up to 15 years in prison for such offenses; Whereas, since February 24, 2022, Mr. Kara-Murza has used his voice and platform to join more than 15,000 citizens of the Russian Federation in peacefully protesting the war against Ukraine and millions more who silently oppose the war; Whereas, on April 11, 2022, five police officers arrested Mr. Kara-Murza in front of his home and denied his right to an attorney, and the next day Mr. Kara-Murza was sentenced to 15 days in prison for disobeying a police order; Whereas, on April 22, 2022, the Investigative Committee of the Russian Federation charged Mr. Kara-Murza with violations under the law signed on March 5, 2022, for his fact-based statements condemning the invasion of Ukraine by the Russian Federation; Whereas Mr. Kara-Murza was then placed into pretrial detention and ordered to be held until at least June 12, 2022; and Whereas, if convicted of those charges, Mr. Kara-Murza faces detention in a penitentiary system that human rights nongovernmental organizations have criticized for widespread torture, ill-treatment, and suspicious deaths of prisoners: Now, therefore, be it Resolved, That the Senate— (1) condemns the unjust detention and indicting of Russian opposition leader Vladimir Vladimirovich Kara-Murza, who has courageously stood up to oppression in the Russian Federation; (2) expresses solidarity with Vladimir Vladimirovich Kara-Murza, his family, and all individuals in the Russian Federation imprisoned for exercising their fundamental freedoms of speech, assembly, and belief; (3) urges the United States Government and other allied governments to work to secure the immediate release of Vladimir Vladimirovich Kara-Murza, Alexei Navalny, and other citizens of the Russian Federation imprisoned for opposing the regime of Vladimir Putin and the war against Ukraine; and (4) calls on the President to increase support provided by the United States Government for those advocating for democracy and independent media in the Russian Federation, which Vladimir Vladimirovich Kara-Murza has worked to advance.
Helsinki Commissioners Lead Bipartisan Ask for Biden to Sanction Russians Responsible for Jailing Opposition Leader Vladimir Kara-MurzaThursday, May 12, 2022
WASHINGTON—U.S. Senator Ben Cardin (MD), author of the Global Magnitsky Human Rights Accountability Act and Chair of the Commission on Security and Cooperation in Europe (Helsinki Commission), along with Helsinki Commission Ranking Member Senator Roger Wicker (MS) and Commissioners Senators Jeanne Shaheen (NH) and Sheldon Whitehouse (RI) are urging President Joe Biden to publicly sanction “every Russian official and associate involved with the false arrest, detention, and political persecution of Vladimir Kara-Murza.” The lawmakers made the plea last week in a letter that also was signed by U.S. Representatives Steve Cohen (TN-09), Co-Chair of the Helsinki Commission; Joe Wilson (SC-02), Ranking Member of the Helsinki Commission; Gerald Connolly (VA-11); John Curtis (UT-03); Brian Fitzpatrick (PA-01), Ruben Gallego (AZ-07); Richard Hudson NC-08); Sheila Jackson-Lee (TX-18); Marcy Kaptur (OH-09); Bill Keating (MA-09); Adam Kinzinger (IL-16); Tom Malinowski (NJ-07); Peter Meijer (MI-03); Mike Levin (CA-49); Gwen Moore (WI-044); Burgess Owens (UT-04); Katie Porter (CA-45); Maria Elvira Salazar (FL-27); Abigail Spanberger (VA-07); and Marc Veasey (TX-33). “Kara-Murza is a Russian opposition politician who has long stood up against Russian dictator Vladimir Putin. He embodies what Russia might be one day when it is democratic and free,” the lawmakers wrote. “As Russia loses its brutal war of aggression against Ukraine, we must consider what might come next in that country. Kara-Murza offers a vision of a Russia free from imperialist kleptocracy. He has bravely answered the call of many Ukrainians for Russians to take a stand and oppose this bloody and senseless war. He must be immediately freed and allowed to continue his work.” The full letter is below and can be downloaded at this link. President Joseph R. Biden, Jr. The White House 1600 Pennsylvania Ave., NW Washington, DC 20500 Dear President Biden, We urge you to name and sanction every Russian official and associate involved with the false arrest, detention, and political persecution of Vladimir Kara-Murza. Kara-Murza is a Russian opposition politician who has long stood up against Russian dictator Vladimir Putin. He embodies what Russia might be one day when it is democratic and free. We also urge you to examine whether to sanction those involved in the persecution and imprisonment of other Russian political prisoners. Kara-Murza is a Russian patriot who has fought for decades for democracy in Russia and a prosperous future for his country. For this, the regime in Russia has poisoned him twice. On April 11, while in Russia, Kara-Murza called this regime “a regime of murderers.” He was then arrested, and now faces trumped up charges that may result in years of unjust imprisonment. Kara-Murza was the key Russian activist behind the passage of the Magnitsky Act and its adoption by our allies. The late Senator John McCain called him “one of the most passionate and effective advocates for the passage of the Magnitsky Act.” Kara-Murza himself, like his mentor Boris Nemtsov before him, has called the Magnitsky Act the most “pro-Russian law passed in the United States in the history of our countries.” Nemtsov was murdered in front of the Kremlin. The Magnitsky Act is the appropriate tool to sanction those involved in the persecution of Kara-Murza. We ask that you coordinate with our allies to sanction these individuals at the same time. The European Union, the United Kingdom, Canada, and Australia now all have Magnitsky sanctions laws of their own. As Russia loses its brutal war of aggression against Ukraine, we must consider what might come next in that country. Kara-Murza offers a vision of a Russia free from imperialist kleptocracy. He has bravely answered the call of many Ukrainians for Russians to take a stand and oppose this bloody and senseless war. He must be immediately freed and allowed to continue his work. Sincerely,
Arrest and Detention of Vladimir Kara-MurzaThursday, May 12, 2022
Mr. President, one month ago, Russian authorities arrested Vladimir Kara-Murza, a tireless advocate for a democratic Russia and longtime Putin critic, on the street near his apartment in Moscow. While he was in detention for a fabricated administrative violation, they charged him further with ‘‘spreading deliberately false information’’ about the armed forces of Russia, which was criminalized under a Russian law passed after the full-scale invasion of Ukraine. He is currently in pretrial detention and could face up to 15 years in prison if convicted. Vladimir is a friend and frequent visitor to the offices of many Members of Congress, myself included. His wife and children live in Virginia, and he splits his time between the United States and Russia, where he was born and raised. Vladimir has a special relationship with the Helsinki Commission and a keen interest in using parliamentary diplomacy to rally other nations against the Putin regime’s undemocratic and violent policies, particularly the war in Ukraine. Vladimir was instrumental in the development and passage of the Magnitsky Act. In fact, a number of colleagues and I recently sent a letter to President Biden urging that the administration impose Magnitsky Act sanctions on every Russian official and associate involved in Vladimir’s false arrest and unjust detention. That Vladimir continues to return to Russia after multiple poisonings, arrests, and other tribulations is a testament to his profound courage and dedication to his fellow citizens. He feels that he cannot, in good conscience, call on Russians to risk their freedom and lives to resist the evils and complacency of Putin’s Russia if he is comfortably out of harm’s way himself. Two weeks before his arrest, Vladimir testified at a Helsinki Commission hearing on propaganda and censorship in Russia, where he warned that speaking out against the war in Ukraine is now grounds for prosecution in Russia, yet he refused to be silent. Though now deprived of his physical freedom and in grave danger, Vladimir’s spirit is unbroken; he is unafraid; and he continues to believe that Russia will one day become a democratic, European state. He sees the Ukraine war as the last desperate gasp of Putinism, the beginning of the end. In our many meetings over the years, Vladimir has always reminded us of the need to remember prisoners of conscience and speak their names. As Vladimir now ranks among these hundreds in Russia, and even more throughout the rest of the world, we will remember him. I call upon my colleagues to do the same; there is hope and power in not being forgotten. Mr. President, I ask unanimous consent that the letter to President Biden that I referred to a moment ago be printed in the RECORD. There being no objection, the material was ordered to be printed in the RECORD, as follows: MAY 5, 2022. President JOSEPH R. BIDEN, JR., The White House, Washington, DC. DEAR PRESIDENT BIDEN: We urge you to name and sanction every Russian official and associate involved with the false arrest, detention, and political persecution of Vladimir Kara-Murza. Kara-Murza is a Russian opposition politician who has long stood up against Russian dictator Vladimir Putin. He embodies what Russia might be one day when it is democratic and free. We also urge you to examine whether to sanction those involved in the persecution and imprisonment of other Russian political prisoners. Kara-Murza is a Russian patriot who has fought for decades for democracy in Russia and a prosperous future for his country. For this, the regime in Russia has poisoned him twice. On April 11, while in Russia, KaraMurza called this regime ‘‘a regime of murderers.’’ He was then arrested, and now faces trumped up charges that may result in years of unjust imprisonment. Kara-Murza was the key Russian activist behind the passage of the Magnitsky Act and its adoption by our allies. The late Senator John McCain called him ‘‘one of the most passionate and effective advocates for the passage of the Magnitsky Act.’’ Kara-Murza himself, like his mentor Boris Nemtsov before him, has called the Magnitsky Act the most ‘‘pro-Russian law passed in the United States in the history of our countries.’’ Nemtsov was murdered in front of the Kremlin. The Magnitsky Act is the appropriate tool to sanction those involved in the persecution of Kara-Murza. We ask that you coordinate with our allies to sanction these individuals at the same time. The European Union, the United Kingdom, Canada, and Australia now all have Magnitsky sanctions laws of their own. As Russia loses its brutal war of aggression against Ukraine, we must consider what might come next in that country. KaraMurza offers a vision of a Russia free from imperialist kleptocracy. He has bravely answered the call of many Ukrainians for Russians to take a stand and oppose this bloody and senseless war. He must be immediately freed and allowed to continue his work. Sincerely, Ben Cardin, Jeanne Shaheen, Roger Wicker, Sheldon Whitehouse, U.S. Senators. Steve Cohen, Gerald Connolly, Brian Fitzpatrick, Richard Hudson, Marcy Kaptur, Adam Kinzinger, Peter Meijer, Gwen Moore, Katie Porter, Abigail Spanberger, Joe Wilson, John Curtis, Ruben Gallego, Sheila Jackson Lee, Bill Keating, Tom Malinowski, Mike Levin, Burgess Owens, Marı´a Elvira Salazar, Marc Veasey, Members of Congress.
Russian War Crimes in UkraineWednesday, May 04, 2022
Well-documented Russian bombings and missile strikes in Ukraine have decimated hospitals, schools, and apartment buildings, including a theater in Mariupol where hundreds of children were sheltering and the Kramatorsk rail station where thousands were waiting to escape the Russian onslaught. The withdrawal of Russian troops from towns like Bucha, Chernihiv, and Sumy has revealed horrific scenes of civilian carnage, mass graves, and reports of rape and torture. Several world leaders have accused Russia of committing genocide against the people of Ukraine. In March, 45 Organization for Security and Cooperation in Europe (OSCE) states began proceedings to “establish the facts and circumstances of possible cases of war crimes and crimes against humanity…and to collect, consolidate, and analyze this information with a view to presenting it to relevant accountability mechanisms.” The resulting report, issued on April 14, found “clear patterns of international humanitarian law violations by the Russian forces” and recommended further investigations to “establish individual criminal responsibility for war crimes.” The Government of Ukraine, Ukrainian NGOs, and the International Criminal Court are collecting evidence for use in future legal proceedings. Witnesses at the hearing discussed the findings of the OSCE report, examined evidence being collected to document Russian war crimes in Ukraine, and analyzed paths to bring perpetrators to justice. Related Information Witness Biographies
Helsinki Commission Regrets Closure of OSCE Special Monitoring Mission to UkraineMonday, May 02, 2022
WASHINGTON—On April 28, the OSCE announced that Russia had definitively forced the closure of the Special Monitoring Mission (SMM) to Ukraine, following its veto of the mission’s mandated activities as of April 1. In light of this announcement, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “Moscow’s choice to force the closure of the OSCE Special Monitoring Mission to Ukraine is only its latest offense against the rules-based international order. The brave monitors and staff who served the mission, in place since 2014, did exactly what they were supposed to do. Despite continual harassment and under constant threat, they reported objectively on ceasefire violations, informing the international community about the brutal reality of Russia’s war against Ukraine. The monitors’ clear and continuous reporting allowed the world to draw its own conclusions about the roots of Russia’s aggression. Moscow’s move to force the mission to close only underlines its desire to hide this ugly fact. “As we commend the service of these brave monitors and condemn Russia’s obstruction, we renew our call on Moscow to immediately release all Ukrainian SMM staff members who have been detained in occupied parts of Ukraine. “We also mourn the recent loss of Maryna Fenina, a Ukrainian national serving with the SMM who was killed by Russia’s shelling in Kharkiv on March 1, and we will never forget American paramedic Joseph Stone, who was killed while serving in support of the mission when his vehicle struck a landmine in Russian-controlled territory in eastern Ukraine on April 23, 2017.” The SMM was established in 2014 as an unarmed, civilian mission and served as the international community’s eyes and ears on the security and humanitarian situation in the conflict zone. It operated under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia, and Ukraine.
Helsinki Commission Leaders Condemn Detention of OSCE Officials by Russian-Led Forces in UkraineTuesday, April 26, 2022
WASHINGTON—Following the detention of four Ukrainian nationals serving as members of the OSCE Special Monitoring Mission in Russian-controlled areas of eastern Ukraine who reportedly were accused of illegal activities including treason and espionage, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “The targeting and detention of OSCE officials by Russian-controlled forces is utterly unacceptable. Those detained must be released immediately. We will hold Russian officials responsible for any mistreatment they suffer.” On April 24, the Organization for Security and Cooperation in Europe (OSCE) confirmed that four Ukrainian staff members of the OSCE Special Monitoring Mission to Ukraine (SMM) had been detained and held “for engaging in administrative activities that fall within their official functions as OSCE staff.” The SMM had served a critical function as the eyes and ears of the international community in the conflict zone since 2014, until a Russian veto forced its mandated activities to cease on April 1. Since then, Ukrainian mission members had been carrying out minimum necessary administrative tasks focused on efforts to ensure the safety and security of its mission members, assets, and premises throughout Ukraine, including in Russian-controlled areas.
Helsinki Commission Urges OSCE PA to Adopt Ukrainian Declaration Recognizing Russia’s Actions as GenocideMonday, April 25, 2022
WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09), who serves as Head of the U.S. Delegation to the OSCE Parliamentary Assembly (PA), along with other Helsinki Commissioners who hold leadership roles in the commission and the OSCE PA, today released a letter urging the assembly to adopt a declaration by the parliament of Ukraine that recognizes Russia’s actions in Ukraine as genocide. Co-Chairman Cohen was joined in the letter to OSCE PA President Margareta Cederfelt by Chairman Sen. Ben Cardin (MD), who serves as the OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance; Senate Ranking Member Sen. Roger Wicker (MS), who serves as an OSCE PA vice-president; Commissioner Rep. Richard Hudson (NC-08), who chairs the OSCE PA Committee on Political Affairs and Security; and House Ranking Member Joe Wilson (SC-02). The letter read in part: “It is clear to us that Russian dictator Vladimir Putin and his military regime are engaging in acts of genocide against Ukraine and its people and we urge the OSCE PA to also endorse the Rada’s declaration and issue a similar statement. “We do not come to this conclusion lightly, and we recognize the importance of precision in employing such terminology. However, given the overwhelming evidence—from Putin and his regime’s many comments denying the existence of Ukrainian nationhood and the deliberate targeting of civilians, to the wholesale destruction of Mariupol, the mass graves that now pockmark Ukrainian lands, and reports of forced deportation of Ukrainian people including children to Russia where they are being indoctrinated in “reeducation camps” in attempts to destroy Ukrainian identity—we cannot be silent. The OSCE PA must raise its voice and speak with unity and unmitigated clarity about the unspeakable horrors that are unfolding in Ukraine and be truthful about what is happening there… “Given Russia’s disregard for the 10 Helsinki principles guiding relations between participating States, its manipulation of OSCE rules for its own destructive ends, and its encouragement of neighboring Belarus to be complicit in its war crimes and genocidal actions, the Parliamentary Assembly should make clear where we as a credible body stand. Russia’s horrific war of choice in Ukraine and this unfolding genocide must be described just as it is.” The full letter is available online.
Diverse Voices Reporting From UkraineWednesday, April 20, 2022
Journalists in Ukraine risk their lives daily to report the reality of war. Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions. So far, at least seven journalists have been killed, and others injured, while covering Russia's genocidal war against the people of Ukraine. During a briefing, held April 20, 2022, attendees heard from three journalists currently reporting from Ukraine: Oz Katerji, a freelance conflict journalist; Asami Terajima, a journalist with the Kyiv Independent; and Olga Tokariuk, an independent journalist based in Ukraine and a non-resident fellow with CEPA. All of the panelists are journalists currently in Ukraine, whose diverse backgrounds bring important perspectives on the war. The discussion centered on their personal experiences, the contributions their diverse backgrounds bring to their coverage, and the experiences of individual Ukrainians they have encountered during the war. The briefing was moderated by Helsinki Commission Senior Policy Advisor Bakhti Nishanov. Co-Chairman Rep. Steve Cohen (TN-09) opened the hearing by expressing his gratitude and appreciation to the panelists and stressed the importance of listening to voices on the ground in Ukraine. In opening remarks, Nishanov highlighted the rampant deceit surrounding narratives on the war in Ukraine and emphasized the purpose of the briefing: to spotlight diverse voices reporting in Ukraine, to listen to their stories, and to respond with action. Oz Katerji gave an account of the horrifying tactics utilized by the Russian military in Syria, which are now being repeated in Ukraine. He stated that Putin has been given impunity for decades in response to Russian aggression in Syria, Georgia, Chechnya, and now in Ukraine. “Syria was the opening shot and Ukraine is the continuation of Putin’s war of expansion into Europe,” he said, “Putin won’t stop unless he is stopped.” Asami Terajima shared a moving account of the Ukrainian people’s spirit and resilience, and denounced claims of Nazism in Ukraine as absurd. She described Ukrainians as brave, freedom-loving people and said that even in such difficulty, they are already rebuilding their lives as best they can. Olga Tokariuk reiterated the danger faced by all those in Ukraine, whether in the eastern or western regions. Russia has attacked Lviv and injured dozens in the region, in addition to the massive human rights violations it already has committed in every region of Ukraine. Tokariuk warned that unless Russia is stopped, it will continue to perpetrate genocide on a massive scale in Ukraine. She said, “Russia will not stop in Donbas…No one in Ukraine is safe or can be safe unless Russia is defeated and Ukraine wins this war.” Attendees raised a number of questions to the panelists, ranging from the logistics of transporting military equipment to the value of counteracting propaganda within Russia. Related Information Panelist Biographies Oz Katerji: "In the Liberated Kyiv Suburbs, Two Tales of War Emerge" Olga Tokariuk: "Syrian Doctors Are Teaching Ukrainians How to Prepare for Chemical Attacks"
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Journalists paint troubling picture of Russian war in Ukraine: 'It's light versus darkness'Wednesday, April 20, 2022
An independent U.S. commission heard vivid descriptions on Wednesday about what it's like to be on the ground in Ukraine for journalists who are responsible for keeping the world updated on Russia's bloody war. In testimony before the independent Commission on Security and Cooperation in Europe, multiple Ukraine-based journalists communicated how Moscow is indiscriminately attacking troops and civilians there and destroying cities. Ukraine is one of the most dangerous assignments in the world for reporters and several have already been killed there since Russia invaded the former Soviet republic on Feb. 24. The CSCE, also known as the Helsinki Commission, heard about the journalists' personal experiences and stories they have encountered in the battle-scarred country for the past eight weeks. Independent Ukrainian journalist Olga Tokariuk said she fled to western Ukraine just days after the fighting began and that she fears what Russia's war could mean for the future of the country, which declared its independence after the fall of the Soviet Union in 1991. "If Russia is not stopped -- if Russia is allowed to take more Ukrainian territory, this will happen everywhere," she told the commission. "Russia will perpetuate genocide on a massive scale. "No one in Ukraine can be safe unless Russia is defeated." Tokariuk added that most of the journalists she knows in Ukraine may have underestimated the danger initially. "Ukrainians had freedom of speech, freedom of press," she said. "We had the feeling that we were part of the free world." Tokariuk described grisly human rights violations in parts of Ukraine, particularly in the east -- including kidnappings, disappearances and forced deportations to Russia. The CSCE -- an independent government agency formed in 1975 to monitor security conditions in Europe -- says that at least seven journalists have been killed so far in Ukraine since the war began. The commission is comprised of several lawmakers from the House and Senate and normally includes three executive members from the departments of Defense, Commerce and State. Those seats are presently vacant. Asami Terajima, a Kyiv Independent journalist, told the lawmakers that she moved to Ukraine when she was 10. "Every single day as the war continues, more Ukrainian civilians are dying and more cities are being destroyed," she said, emphasizing that Russia is not targeting only Ukrainian troops. Freelance conflict reporter Oz Katerji told the commission that although Ukrainian fighters have been successful repelling Russian advances, they need weapons and equipment that will "strike fear in the hearts" of Russian troops. "This is democracy versus totalitarianism," he said. "It's light versus darkness." Evgeny Sakun, a Ukrainian cameraman working for Kyiv Live TV, was the first journalist to be killed after the invasion when Russian missiles struck the television tower in Kyiv on March 1. Award-winning video journalist and documentary filmmaker Brent Renaud was killed in Irpin on March 13 and an attack on a Fox News camera crew near Kyiv killed Irish reporter Pierre Zakrzewski, a cameraman and Ukrainian reporter-producer Oleksandra Kuvshynova a day later. Late last month, journalist Oksana Baulina was killed in Kyiv by a "kamikaze drone" while working for Latvia-based Russian online investigative media outlet The Insider. Jeanne Cavelier, head of Reporters Without Borders' Eastern Europe and Central Asia desk, said a few weeks ago that a quarter of all journalists who have died worldwide in 2022 were killed in Ukraine within the first month of fighting. "As their reporting is essential in order to understand the war in Ukraine and attacking journalists is a war crime under international law, we call on the Russian and Ukrainian authorities to guarantee their safety on the ground," Cavelier said in a statement. Ukraine is ranked 97th out of 180 countries in Reporters Without Borders' 2021 World Press Freedom Index. Russia is ranked 150th. "Journalists in Ukraine risk their lives daily to report the reality of war," the CSCE said in a statement before Wednesday's hearing. "Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions."
Helsinki Commission Leaders Mourn the Death of Finnish Politician Ilkka KanervaTuesday, April 19, 2022
WASHINGTON—Following the death of Finnish parliamentarian Ilkka Kanerva, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “We are saddened by the death of our former OSCE colleague Ilkka Kanerva. We send our deepest condolences to his family and friends. “An outspoken advocate for democracy and human rights, Ilkka was the only person to have served as both the OSCE Chairman-in-Office and the president of the OSCE Parliamentary Assembly. “He was first elected to the Finnish parliament in 1975, the year the Helsinki Final Act was signed, and started his tenure as president of the OSCE Parliamentary Assembly in 2014, the year Russia first invaded Ukraine. He was an able leader who shaped the OSCE PA’s robust response at that time, speaking out against Russia’s violation of its OSCE commitments and its violation of the territorial integrity and sovereignty of Ukraine. “Ilkka will be missed.” Ilkka Kanerva served as the OSCE Chairman-in-Office in 2008 and as president of the OSCE Parliamentary Assembly (PA) from 2014 to 2016. He subsequently served as OSCE PA president emeritus and remained active as a member of the Finnish delegation to the OSCE PA.
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Biden administration urged to ban UK lawyers who ‘enabled’ oligarchsTuesday, April 19, 2022
A member of Congress has urged the Biden administration to place travel bans on senior British lawyers that acted for wealthy Russian clients against investigative journalists. Steve Cohen, a Democratic representative from Tennessee, has written to Antony Blinken, the US secretary of state, urging him to sanction the lawyers for having “enabled malign activities of Russian oligarchs”. His letter comes as the Biden administration looks to increase its support for Ukraine in its war against Russia and tighten sanctions against those who have supported the Russian regime. Cohen wrote: “Oligarchs who hire lawyers to engage in abusive cases against journalists to silence them cannot exert malign influence in our system . . . the United States must establish deterrents for foreign enablers serving individuals who are undermining democracy.” The state department did not respond to a request for comment. Cohen singled out several lawyers he believed should be subject to bans on visas for travel to the US: Nigel Tait of Carter-Ruck; John Kelly of Harbottle & Lewis; barrister Hugh Tomlinson; Geraldine Proudler of CMS; Keith Schilling of Schillings; and Shlomo Rechtschaffen of SR law. Each of the lawyers is well known in London legal circles, with firms like Carter-Ruck and Schillings having established strong reputations in defamation law and reputation management. Tait, Kelly, Tomlinson and Proudler all worked on recent cases against the former Financial Times journalist Catherine Belton or her publisher HarperCollins, or both. Belton and HarperCollins were sued last year by several Russian oligarchs including Roman Abramovich over her book Putin’s People, which details the rise to power of Russia’s president Vladimir Putin. The lawsuits were later settled or withdrawn. Cohen cited Schillings’ work for Malaysian businessman and fugitive Jho Low. British ministers have expressed concern over the way in which UK courts are used by wealthy foreigners to launch libel cases. Dominic Raab, the justice secretary, last month set out proposals to limit any so-called Strategic Lawsuits Against Public Participation. Also in March Bob Seely, the MP for the Isle of Wight, used parliamentary privilege to claim “amoral” City lawyers were teaming up with “Putin’s henchmen” to offer “legalised intimidation”. A spokesperson for Tomlinson said: “Regulatory rules for lawyers are very strict and work to ensure equal entitlement to independent legal advice. Mr Tomlinson acted properly and in accordance with those rules throughout and has never acted as Mr Cohen suggests.” Tait’s firm Carter-Ruck said: “The claims made against Carter-Ruck are misconceived and are rejected entirely. In addition to other matters, we are not working for any Russian individuals, companies or entities seeking to challenge, overturn, frustrate or minimise sanctions.” It added: “We are not acting for, and will not be acting for, any individual, company or entity associated with the Putin regime in any matter or context, whether sanctions-related or otherwise, and will continue to conduct all ‘know your client’ checks in accordance with all applicable laws and regulations, as we have always done.” Cohen cited Rechtschaffen for his representation of Israeli-British businessman Walter Soriano, who he alleged was an “enabler” of certain oligarchs including Abramovich. Rechtschaffen said: “Walter Soriano is not an enabler of any oligarch . . . The English courts have said that the claim against Mr Stedman is not abusive.” Harbottle & Lewis said the firm had “acted at all time in accordance with its professional and legal obligations, and takes these matters very seriously”. Schillings said the firm did not act for any sanctioned entities and could not comment on client matters. It added that Cohen’s allegations were “wholly misplaced” and “misinformed”. It said the firm had upheld “the highest traditions of the legal profession”. Proudler’s firm CMS said it rejected Cohen’s allegations, adding that Proudler and the firm had been “compliant with all professional regulations”. “As we have said since the invasion of Ukraine, CMS is no longer accepting new instructions from Russian based entities or from any individuals with connections to the Russian government.”
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Outrage and Worry: Kremlin Critic's Arrest Heightens Concerns Of Putin's CrackdownWednesday, April 13, 2022
Russian opposition politician and Washington Post contributor Vladimir Kara-Murza was detained by Russian authorities in Moscow on Monday, hours after calling the Kremlin “not just corrupt” or “authoritarian” but a “regime of murderers” in a CNN+ interview—a development that has only heightened concerns about the threat of speaking out against Vladimir Putin. “I think a lot of people are very worried about what's going to happen next,” CNN+ anchor Sara Sidner, who conducted the interview, told CNN’s John Berman on Tuesday. On Wednesday, CNN’s Brian Stelter asked Sidner whether she feels any guilt. “Sure. A little bit," she replied. "I think it’s more nervousness because I know that he was the one that disclosed where he was." In his interview with CNN+, Kara-Murza acknowledged the risk he was taking, and is personally familiar with Putin's brutal tactics. His close friend and associate Boris Nemtsov, a former Russian deputy prime minister turned fierce Putin critic, was shot dead in 2015, and Kara-Murza himself has survived two poisonings, both of which left him in a coma, that he has blamed on the Kremlin. While many dissidents have fled Russia amid Putin’s latest crackdown on independent media, Kara-Murza is among few who have stayed. And he has continued to criticize Putin’s unprovoked invasion of Ukraine despite facing up to 15 years in prison for doing so under the Kremlin’s draconian new law. “This is where I have to be,” Kara-Murza told MSNBC’s Ali Velshi in an interview Sunday. “We all know the price.” Asked what kinds of considerations CNN made before airing Kara-Murza’s interview, a CNN spokesperson pointed Vanity Fair to Sidner's comments on Tuesday and Wednesday. MSNBC did not immediately respond to a request for comment. On Tuesday, a day after he was reportedly arrested outside his home on charges of disobeying the police, the political activist and journalist was sentenced to 15 days in jail. The same day, the Post published an editorial commending Kara-Murza’s willingness to publicly speak out against the Kremlin in columns for the Post and elsewhere, and called for his release. “What is abundantly clear is that Mr. Putin has once again put a critic in his crosshairs, every day sinking Russia deeper into totalitarianism, intolerant of free thought or dissent,” the Editorial Board wrote. Post publisher Fred Ryan also demanded Kara-Murza’s immediate release in a statement that called his detention the latest in Putin’s ongoing effort to “hide the truth about the atrocities Putin is committing in the Russian people’s name.” Kara-Murza’s detention is also prompting outrage in Washington. Leaders of the Helsinki Commission, an agency that heard from Kara-Murza last month at its hearing about Putin’s “war on truth,” were “alarmed” by Kara-Murza’s detention, according to a joint statement issued by Sen. Ben Cardin, Co-Chairman Rep. Steve Cohen, and Ranking Members Sen. Roger Wicker and Rep. Joe Wilson. “Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people,” they wrote, demanding he “be allowed access to his lawyer and should be released immediately.” Authorities have denied Kara-Murza access to legal counsel in violation of his constitutional rights, the Commission's press release said. The poisonings that Kara-Murza endured in 2015 and 2017, he said, were reprisals by the Kremlin for his advocacy of Western sanctions against the Russian government—accusations the Kremlin has denied, but that the Post notes are bolstered by “investigations by independent organizations [which] found that he had been followed by members of the same federal agency that allegedly poisoned jailed Kremlin critic Alexei Navalny and at least three other opposition figures.”
Journalists Reporting from Ukraine to Speak at Helsinki Commission BriefingWednesday, April 13, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online staff briefing: DIVERSE VOICES REPORTING FROM UKRAINE Wednesday, April 20, 2022 10:00 a.m. Register: https://bit.ly/3E89IZX Journalists in Ukraine risk their lives daily to report the reality of war. Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions. So far, at least seven journalists have been killed, and others injured, while covering Russia's genocidal war against the people of Ukraine. This briefing will convene journalists currently in Ukraine, whose diverse backgrounds bring important perspectives on the war. The discussion will center on their personal experiences and those of individual Ukrainians they have encountered during the war. The following panelists are scheduled to participate: Oz Katerji, Freelance conflict journalist Asami Terajima, Journalist, Kyiv Independent Olga Tokariuk, Independent journalist based in Ukraine; Non-Resident Fellow, CEPA
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Helsinki Commission Calls for the Immediate Release of a Vocal Kremlin Critic Detained in MoscowTuesday, April 12, 2022
Western officials are calling for Russian authorities to release a prominent opposition activist and critic of the invasion of Ukraine after reports of his arrest emerged Monday. The activist, Vladimir Kara-Murza, has since been sentenced to 15 days in jail on the charge of disobeying a police order. The police detained Kara-Murza on the street near his Moscow home, according to the Helsinki Commission, a U.S. government agency focused on security and human rights. His lawyer told the independent news outlet Sota that he had been detained, and activist Ilya Yashin also confirmed news of Kara-Murza's arrest on Twitter. Kara-Murza's lawyer, Vadim Prokhorov, said his client was arrested on charges of disobeying police orders and faced up to 15 days in jail or a small fine, The Guardian reports. Secretary of State Antony Blinken tweeted Monday that the U.S. is "troubled" by Kara-Murza's detention. "We are monitoring this situation closely and urge his immediate release," he added. His lawyer promises to appeal the sentence The Khamovniki district court in Moscow sentenced Kara-Murza to 15 days in jail at a hearing on Tuesday, according to Prokhorov. Prokhorov wrote on Facebook that police say Kara-Murza "behaved erratically after seeing police officers, changed the trajectory of his movement, quickened his pace and responded to the demand to stop by trying to flee," according to an English translation. He rejects this claim, saying instead that police were waiting for Kara-Murza at the entrance to his home and detained him as soon as he got out of his car. Prokhorov vowed to appeal the sentence. Both the Free Russia Foundation and Helsinki Commission allege that authorities denied Kara-Murza access to legal counsel — in violation of his rights — while he was being held in a Moscow police station ahead of his hearing. They are among those calling for his immediate release. "Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people. He must be allowed access to his lawyer and should be released immediately," reads a joint statement by Helsinki Commission Chairman Sen. Ben Cardin, co-chairman Rep. Steve Cohen and ranking members Sen. Roger Wicker and Rep. Joe Wilson. The longtime Kremlin critic has been speaking out against censorship and the war Kara-Murza is a vocal critic of the Kremlin who held leadership roles in Open Russia and the Free Russia Foundation, organizations that the Russian government has deemed "undesirable." Kara-Murza also hosted a weekly program on the since-shuttered Echo of Moscow radio station and writes columns for The Washington Post. Notably, he fell seriously ill in Moscow in 2015 and 2017 in incidents of suspected poisoning that he blames on the Russian authorities. "Given the sophisticated type of poison, I think it's people who have been or are connected with the Russian special services," he told NPR in 2017. Kara-Murza was also close friends with Boris Nemtsov — a former Russian deputy prime minister-turned-vocal Kremlin critic who was shot dead in Moscow in 2015 — and the late U.S. Sen. John McCain, at whose funeral he served as a pallbearer. Kara-Murza has spoken out against Russia's war in Ukraine in recent weeks. He testified at a March 29 Helsinki Commission hearing and, in his opening remarks, described what he called two parallel wars launched by Russian President Vladimir Putin the previous month. "One, which continues to this day, was his unprovoked and unlawful aggression against Ukraine," he said. "The other, which was concluded effectively and swiftly, was his blitzkrieg against what remained of independent media in Russia." As Kara-Murza noted, Russians who speak out against the war — and even use that term to describe it — can face up to 15 years in prison, under a restrictive new law that has prompted an exodus of independent journalists and foreign media from the country for fear of prosecution. Kara-Murza has continued doing interviews with Western outlets and spoke to CNN just hours before his arrest. In that conversation, he referred to the Russian government as "a regime of murderers" and explained why he was staying in Moscow despite the risks. "Look, I'm a Russian politician — I have to be in Russia, it's my home country," he said. "I think the biggest gift ... those of us who are in opposition to Putin's regime could give to the Kremlin would be just to give up and run. And that's all they want from us."
Helsinki Commission Leaders Alarmed by Detention of Vladimir Kara-MurzaMonday, April 11, 2022
WASHINGTON—Following Monday’s arrest of prominent pro-democracy Russian statesman and outspoken Kremlin critic Vladimir Kara-Murza, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “We are alarmed to learn that Vladimir Kara-Murza has been detained in Moscow. Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people. He must be allowed access to his lawyer and should be released immediately.” On April 11, Vladimir Kara-Murza was detained on the street near his Moscow home. He currently is being held in the Khamovniki police station in the Central Administrative District of Moscow, where authorities have denied him access to his legal counsel in violation of his constitutional rights. Reports indicate that he has been charged with an administrative offense. It remains unclear if he is undergoing interrogation while in custody. His trial is scheduled for April 12. Mr. Kara-Murza was poisoned twice by the Kremlin in 2015 and 2017. On March 29, he testified at a Helsinki Commission hearing examining Russian dictator Vladimir Putin’s war on truth, where witnesses discussed the Kremlin’s use of propaganda and censorship. “Those who speak out against this war are now liable for criminal prosecution,” he said.
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Helsinki Commission Calls on Russia to Release 'True Patriot' Kara-MurzaMonday, April 11, 2022
A U.S. human rights monitor is calling for the release of journalist Vladimir Kara-Murza, a prominent Russian opposition figure who has spoken out against what he has called his government's crackdown on dissent. The U.S. Helsinki Commission on Monday raised alarm over the detention of Kara-Murza in Moscow a month after he outlined the Kremlin's increased use of propaganda and censorship. His arrest is the latest report of authorities attempting to silence critics since Russian President Vladimir Putin launched his invasion of Ukraine in February. "We are alarmed to learn that Vladimir Kara-Murza has been detained in Moscow. Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people," the commission said in a statement. "He must be allowed access to his lawyer and should be released immediately." The commission, a U.S. government agency comprised of members of Congress and representatives from federal agencies, heard testimony from Kara-Murza who described how the Russian government has used disinformation and the growing struggles of independent media outlets. The Russian government in March enacted new restrictions, criminalizing media from using the word "invasion" to describe the conflict in Ukraine. Those who violate them could face up to 15 years in prison. Speaking before the commission, Kara-Murza said that following the invasion, Putin moved swiftly against "what remained of independent media in Russia." Kara-Murza said that within days, authorities shuttered independent outlets, including Echo of Moscow, a radio station where he hosted a weekly program. He also pointed to how the Russian government has blocked access to social media networks. Other news outlets, such as highly respected Novaya Gazeta, ceased publication because of censorship, he said. Calling many Russians "brainwashed," he said many are not even aware of potential war crimes their government is alleged to have committed in Ukraine. "Today, most Russians are in an Orwellian parallel reality created by the Kremlin propaganda machine," Kara-Murza told the commission. "And I mean, Orwellian in the literal sense, what's being said on Russian state television might as well have come out of George Orwell's 1984: 'War is peace. Freedom is slavery. Ignorance is strength.'" Since Russia's new censorship laws have gone into effect, reports have emerged of students or parents turning in teachers who spoke disapprovingly of the war. Nobel Prize laureate and editor-in-chief of Novaya Gazeta, Dmitry Muratov, was attacked on a train. Russian authorities have also threatened Wikipedia with a nearly $50,000 fine for refusing to delete "illegal information." Kara-Murza, an author and politician who was repeatedly poisoned, has continued speaking out despite his arrest, making an appearance on MSNBC on Sunday.
Helsinki Commission Remembers Late Chairman Alcee HastingsWednesday, April 06, 2022
WASHINGTON—On the anniversary of the death of former Helsinki Commission Chairman Alcee Hastings of Florida, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “Alcee Hastings was a giant in foreign affairs, knowledgeable on all issues relating to security in Europe. As the only American to serve as President of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly, he led that organization in cementing its members’ commitment to peace, security and human rights. Wherever he traveled on OSCE business, he was universally respected and liked. A year after his passing, he remains a revered figure and world-renowned leader.”
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Russia Critics Press Congress for Curbing Moscow's Role in International GroupsWednesday, April 06, 2022
Critics of Moscow pressed lawmakers to sever remaining international connections with Moscow and punish what they called enablers of Russian President Vladimir Putin’s government—including Russian tycoons. “We recognize that the oligarchs are the appendages of Mr. Putin’s mafia state,” said Sen. Ben Cardin (D., Md.), the co-chairman of the Commission on Security and Cooperation in Europe, known as the Helsinki Commission, which held a hearing Wednesday on Russia's financial ties abroad. “I can’t wait to see police tape around mansions in Miami," said Sen. Sheldon Whitehouse (D., R.I.). Witnesses before the commission, a U.S. agency that has frequently scrutinized Moscow, sought to portray Russian billionaires and their network of lawyers and agents in the West as little different from Russian government employees and its lawyers abroad. Bill Browder, a prominent critic of the Kremlin’s human-rights record, called on the U.S. to withdraw from the mutual legal-assistance treaty that allows U.S. and Russian law enforcement to cooperate on investigations and secure witness testimony. Western countries should ban lawyers paid by the Russian government in one country from traveling to their countries, he said. The Kremlin used the Interpol international law-enforcement network in an effort to arrest Mr. Browder after his lawyer died in a Russian prison in 2009. Mr. Browder, who founded investment fund Hermitage Capital, said the U.S. and partner countries should seek to remove Moscow from Interpol or “basically threaten the funding of Interpol if Russia is not expelled.” Mr. Browder was the largest private investor in Russia until his expulsion from that country in 2005. Moscow should also lose its membership and face blacklisting by the Financial Action Task Force, a Paris-based intergovernmental body that audits the ability of nations to detect and disrupt illicit finance, said Daria Kaleniuk, co-founder of the Anti-Corruption Action Center in Ukraine. Mr. Browder and Ms. Kaleniuk were among five witnesses at the hearing.
By Chadwick R. Gore, CSCE Staff Advisor
Recent events across the Mediterranean region, previously unheralded and unappreciated by both governments and their citizens, are heartening signs of the growing interest in democracy and concomitant human rights at the highest levels of these societies. Various meetings and seminars held in Egypt, Morocco, Jordan and elsewhere indicate the fading away of the previously long-held belief that democratic values and international human rights standards are “Western” values. Participants have shown a growing acceptance that these values are universal, and that inculcating them into the non-democracies of the region ultimately will result in security and prosperity within and among these states. Similar democratic evolutionary steps occurred in Eastern Europe and the Soviet Union starting with glasnost and “new thinking.”
With time there has been the growing sense of the possible acceptance by some Middle Eastern governments and non-governmental organizations, especially academics, of a regional security system not unlike the Helsinki model. Commentary across the Middle East, Europe and the United States now suggests that the time is ripe for such a clear-cut progressive step for the good of the region and adjoining areas. However, for any such process to be successful, it must be accepted by the regional actors as genuine and indigenous. Western involvement should collegial and not dogmatic.
The Mediterranean Dimension
The importance of Mediterranean concerns has been widely recognized from the outset of the Helsinki process. Issues relating to the Mediterranean were included in the negotiations that produced the 1975 Helsinki Final Act, resulting in a section of the Act on “Questions relating to Security and Cooperation in the Mediterranean.” The so-called “non participating Mediterranean countries,” Algeria, Egypt, Israel, Lebanon, Libya, Morocco, Syria and Tunisia, participated on the margins in the 1973-1975 Conference on Security and Cooperation in Europe discussions regarding security in recognition of the relationship between security across Europe, the Soviet Union and in the Mediterranean region--including its southern shore.
The Mediterranean dimension of the OSCE was reformulated in the mid 90s as “Mediterranean Partners for Cooperation” to include Algeria, Egypt, Israel, Morocco and Tunisia. It should be noted that such “partner” status does not require commitment to Helsinki principles by these countries. In 1998, Jordan was accepted as a Mediterranean Partner, and Afghanistan, which many consider to lie within the broader Middle East region and which borders the Central Asian states of the OSCE, was accepted as a Partner in 2003.
In an effort to broaden and intensify this Mediterranean relationship, the OSCE, including the Parliamentary Assembly, has convened numerous seminars, conferences and forums emphasizing the issues of the Mediterranean and allowing full participation of representatives from Partner countries from the region. Additionally, a contact group exists within the OSCE to provide an ongoing opportunity for participating States and the six Mediterranean Partners to maintain dialogue on pertinent Mediterranean issues. Periodic meetings of the group are typically held at the ambassadorial level.
While this formal relationship between the OSCE and the Mediterranean Partners has been evolving, the looming question remains about the applicability of the Helsinki process to the Mediterranean region and beyond. In other words, would such a multidimensional process work specifically within the region to reduce tensions and advance human rights and democracy? If so, how best should such a process evolve, especially considering the cultural determinants of the region? Which countries should be involved in such a process?
Regional Efforts toward Acceptance of Democracy
Public expressions of the progress toward acceptance of these universal values within the non-European portion of the Mediterranean region have been best expressed throughout 2004 at the: OSCE Mediterranean Seminar held November 18-19, Sharm El Sheikh, Egypt; Priorities and Mechanisms of Reform in the Arab World Conference, Cairo, Egypt, July 5-7; First Civil Forum in Beirut, Lebanon, March 19-22; and, the Arab Reform Issues Conference, March 14, Alexandria, Egypt.
During the OSCE Mediterranean Seminar in Sharm El Sheikh, several participating States, including the United States, supported the proposal from the Algerian delegation that the OSCE provide election observers for the January 9, 2005, Palestinian elections. Subsequently, on November 27, the Palestinian Central Elections Commission formally invited the OSCE to observe the elections, citing, in part, the OSCE’s “wealth of experience in electoral observation.” While a full-fledged observation mission was not sent due to the crush of end-of-year activity, especially the Ukrainian elections, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) was represented by a smaller election delegation. The Council of Europe and the European Union, as well as other international NGOs, also sent teams of observers. The Palestinian Authority (PA) has also requested OSCE Partner status. There is no consensus on this issue, with some participating States questioning whether the PA constitutes a state.
What is most notable about both of these requests is that they are from one of the West’s shrillest critics, the Palestinian Authority. To request a seat with other states endeavoring to adhere to OSCE commitments, and to submit an election to the critique of the OSCE, may indicate the acceptance by the PA of universal standards and the realization that these are not “Western” values being imposed on the organization’s participants.
The “Priorities and Mechanisms of Reform in the Arab World Conference,” sponsored by the Cairo Institute for Human Rights Studies (CIHRS), Egyptian Organization for Human Rights and Al Siyassa Al Dawlia Journal was arguably one of the most notable pro-democracy and reform meetings in the Arab sector of the Mediterranean region. The conference, convened in Cairo July 5-7, 2004, was attended by 100 participants from 15 Arab states who discussed international reform initiatives in the Arab world arising from the recent G-8, EU-US and NATO summits. They also evaluated the Alexandria Document produced at the March “Arab Reform Issues” meeting, and the “Second Independence” initiative produced earlier in Beirut. They also discussed and critiqued the pretexts under which Arab governments refuse reform, setting forth schemes for follow up and government accountability. The Conference in addition discussed visions and priorities for political reform in eight Arab countries: Egypt, Syria, Tunisia, Jordan, Bahrain, Saudi Arabia, Iraq and Algeria and gave particular attention to the Moroccan experience.
As important as these discussions were, the recognition by conference participants that while democratic and intellectual forces in the Arab world have constantly pushed for reform since 1967, the collective responsibility for the failure of such reform rests with the Arab governments was most important. This was made shockingly evident at the Arab League Summit in May. There the majority of Arab governments outright rejected calls for reform while issuing a statement that linked reform with resolution of the Palestinian problem. Thus the attendees of the Cairo “Priorities” conference concluded that human rights would continue to be suppressed regardless of statements such as thiers, and that such statements by the Arab League and other joint-government declarations were only issued to placate the West.
Earlier, in response to the Broader Middle East and North Africa (BMENA) initiative of the United States, the First Civil Forum was organized by the CIHRS in Beirut, Lebanon, March 19-22, 2004, in cooperation with the Association for Defending Rights and Freedoms (ADL), Palestinian Human Rights Organization (Rights) and in coordination with the Euro-Mediterranean Human Rights Network (EMHRN) and International Federation for Human Rights (FIDH). Eighty-seven participants representing 52 NGOs from 13 Arab states issued “Second Independence: Towards an Initiative for Political Reform in the Arab World, The recommendations of the First Civil Forum Parallel to the Arab Summit.” This initiative contains sections with recommendations addressing: fundamental principles for reform; fundamental demands for reform; nationalities and minorities; renewing religious discourse; women’s rights; rights of migrant laborers and refugees; reform priorities in states in transition (which addresses Sudan and Iraq); the Palestinian issue; which charter for human rights and peoples in the Arab world is best to be considered (such as, among others, the Regional Security Charter for the Middle East developed by the Regional Security Charter Working Group); civil society and reforming the regional regime; and, new responsibilities for the human rights movement. This is a comprehensive anti-statist approach to reform across the Arab world, recognizing for the first time in a major document that the primary responsibility for such problems as economic stagnation, poverty and illiteracy, coupled with systemic human rights abuses, lie with each and every government in the region--NOT an outside boogeyman, i.e. the West.
Just a week earlier, the “Arab Reform Issues” conference was held in Alexandria, Egypt, March 12-14. Their final product is called the “Alexandria Document” which calls upon Arab governments’ reform in four areas: political reform including power sharing, respect for human rights, free media, independent political parties, and constitutional separation of powers; economic reform including privatization programs in banking and property rights, empowerment of women, and small business development; social reform that reevaluates values that have a negative effect on Arab life; and, cultural reform that uproots fanaticism from some religious curricula, mosque sermons and official and non-official media.
In the past, any one of these meetings would have been noteworthy. But here three were convened in a nine-month period--Cairo, Beirut and Alexandria--each of which puts forth significant plans for reform in the future of the Arab world. These plans share common objectives, are built upon each other in some ways, and are basically arising from outside of governments. These efforts are somewhat similar to the Helsinki Monitoring Groups of the 70s and 80s which called upon governments to adhere to their international obligations and monitored their compliance.
Helsinki Commission Initiatives
In November 1995, the Commission publicly explored questions concerning the region through a two-day seminar: “The OSCE at Twenty: Its Relevance to Other Regions.” Periodic contacts with representatives of Mediterranean Partners at various OSCE meetings, such as Human Dimension Implementation Meetings, Ministerial Meetings and various seminars, indicated that any progress in the region along the Helsinki model, or any other “western” security framework, was inexorably tied to resolution of the Palestinian-Israeli conflict. Additionally, however, Arab representatives, most notably from Egypt and Morocco, expressed irritation at what they described as “conflicting signals” from the West, especially the United States. They viewed the simultaneous approaches across the region from different Western organs, i.e. NATO, the EU (through the Barcelona Process and the Euro-Mediterranean Partnership) and the OSCE as working at cross purposes by approaching the regional security issue with differing proposals and expectations. The view from Cairo and other capitals was that since these approaches were neither coordinated nor consistent, none of them should be taken seriously--a view that unfortunately came to be shared across much of the region.
Most recently, the Helsinki Commission held a hearing June 15, 2004, addressing possible roles of the OSCE in the Middle East, and, more importantly, examining the applicability of the Helsinki model writ large in the region. Witnesses included Ambassador Max Kampelman, former Ambassador to the Conference on Security and Cooperation in Europe; Natan Sharansky, Israeli Minister of Diaspora Affairs; Dr. Peter Jones, Research Associate at the Munk Center for International Studies, University of Toronto, and project leader of the Middle East Security and Arms Control Project at the Stockholm International Peace Research Institute; and, Ambassador Craig Dunkerley (ret.), Distinguished Visiting Professor; and Professor Michael Yaffe, both of the Near East-South Asia Center for Strategic Studies, National Defense University.
The objectives of the hearing were to examine the wide range of ideas concerning the OSCE and the broader Middle East region and to seek ideas for processes whereby the states of the Middle East could create an indigenous Helsinki process, to include the human dimension. This would be especially problematic as none of the regimes in the region currently have committed to the legal reforms necessary for such human rights commitments. The hearing also considered what role the West should play, especially the United States.
Commission Chairman Rep. Christopher H. Smith (R-NJ) set the tone of the hearing by defining the Middle East as the region from Morocco in the west to Iran in the east, and from Sudan in the south to Turkey in the north, “trapped today in the polar opposite of the OSCE process. Instead of democratic principles pushing democratic progress, state repression breeds resentment and poverty.” He pointed out that leaders from Israel, Egypt and other countries in the region had testified before the Commission as early as 1995 on the need for a regional security system like the OSCE, and yet no progress toward such a system was in evidence.
Former Commissioner and current Minority Whip Steny Hoyer (D-MD) reminded all that the Commission first examined the possibility of a Helsinki-type process for the Middle East in an October 14th, 1993, hearing. Since, commissioners have continued to raise this possibility with Middle East leaders, believing such a process was relevant then, and is perhaps even more so now. Mr. Hoyer proposed that the very substantial gulf that existed between the Soviet Union and the West when the Helsinki process began and the existing gulf between many of the countries in the Middle East are analogous.
Hoyer explained that as the West and East were, in 1975, bitterly divided, they came together and agreed on certain principles. Some, perhaps, agreed on them rhetorically, while some agreed philosophically. In any event, the agreement had great power and that could apply in the Middle East. Notwithstanding the deep differences that existed then, the process established a regional forum for discussion of certain principles which may not be universally followed, but are now universally accepted. “Clearly, the governments and the peoples of the Middle East must embrace for themselves such a process in order to achieve lasting peace, stability and prosperity,” he said.
Ranking House Commissioner Benjamin Cardin (D-MD) noted the uniqueness of the OSCE working through voluntary compliance to commitments by the participating States, not treaty obligations. He also said in some respects the OSCE is stronger than other multilateral organizations due to the use of consensus which requires active diplomacy for results. Originally Cardin strongly supported the effort to expand the OSCE process in the Middle East, specifically a CSCME (Commission for Security and Cooperation in the Middle East). Over the years when he has raised this with leaders in the region, they have supported such a process for the Middle East, without any reservation at all. They have seen this as the right way to try to resolve regional conflicts by creating a forum in which to discuss differences in an open manner where every state is given equal respect in dealing with the issues.
However, Mr. Cardin’s position has changed, accepting Ambassador Kampelman’s proposal to expand the existing organization to include the Middle East diaspora: since there exists the OSCE, and it could take decades, perhaps, for the different states in the region to develop their own commitments, why not just expand the OSCE with stronger participation from the countries in the Middle East? He noted that the OSCE is looking at ways too expand its Mediterranean partners within the OSCE, using the partnership structure as a framework to deal with regional issues.
Ambassador Kampelman proposed the extension of the existing 55-nation OSCE to include the current Mediterranean Partners, noting that the Helsinki Final Act included several references to Mediterranean states, dealing specifically with the “geographical, historical, cultural, economic, and political relationship between Europe and the Mediterranean.” He stressed the value of providing Middle Eastern countries with a standard for human rights and democracy through becoming OSCE participating States and voluntarily accepting the considerable body of related Helsinki commitments.
Minister Sharansky also supported extending the OSCE to the Middle East, arguing an analogous comparison between the lack of human rights in the region today and the repression of the Soviet regime during the Cold War. Sharansky argued that just as the Helsinki process in the Cold War used the spotlight of world opinion to expose Soviet human rights violations and their treatment of political dissidents, a similar approach to human rights abuses in the Middle East which would be focused on specific dissidents and prisoners, as well as the linkage of military and economic aid to human rights issues, would work through the OSCE.
Dr. Peter Jones contended that while the OSCE represents an appropriate model for a Middle Eastern regional security organization, he disagreed with Kampelman and Sharansky. He argued that the OSCE should not be extended or replicated in the Middle East because the people and governments of the region need to have a significant stake in the establishment of a regional organization, and that stake would not exist in an organization brought in from abroad. Jones emphasized the need to discuss the meaning of “democracy” and “secularism” given the regional cultural, historical, and political context, suggesting that if such discussions were ongoing, they could eventually result in some form of regional charter laying out the basic “norms of conduct” for governments and civil society in the region.
Ambassador Dunkerley and Dr. Yaffe testified in the same vein as Dr. Jones, each emphasizing different points. Dunkerley stressed that since organizations imposed from outside the region, or perceived to come from outside the region, would fail, reform must be perceived to be genuinely owned by the people of the Middle East. Reform in the region, he said, is a long-term prospect and that it would involve both regional and bi-lateral relations. He also emphasized, as Dr. Jones had, that developments in Iraq and the Palestinian issue would play an important role in the establishment of a regional security organization.
Yaffe shared some of the insights he had gained from his previous work on regional security in the Middle East. Yaffe argued against a broad regional organization because not all of the countries in the region are focused on the same issues. In particular, he said, a pan-regional approach would mean that the Israeli-Palestinian issue would dominate the new organization’s agenda, perhaps at the expense of progress on less polemical issues.
Besides a sub-regional approach, Dr. Yaffe also urged that bilateral programs tailored to support civil society and democracy in individual countries served as perhaps the best means to advance reform. Finally, he suggested, as Jones and Dunkerley had, that “Middle East ownership” of the security and development process was extremely important. The success of that process also depended, he added, on a comprehensive approach to other regional problems, such as the Israeli-Palestinian issue.
In conclusion, Chairman Smith voiced concern about possible isolation of Israel within a strictly Middle Eastern organization. Dr. Jones responded that Israel might be rhetorically isolated in a regional security system, but in terms of actual security concerns, would not. Dunkerley added that if the Middle East were simply added to the OSCE in order to prevent Israel’s isolation, the Israeli-Palestinian question would bog down progress on other issues central to the work of the current OSCE, especially given the consensus rule. Yaffe seconded those thoughts and emphasized that progress throughout the region depends on the ebb and flow of the peace process.
An October 23, 2003, Commission briefing “Democracy and Human Rights in the Mediterranean Partner States of the OSCE: Algeria, Egypt, Israel, Jordan, Morocco and Tunisia” with presentations by experts from the Committee to Protect Journalists, Amnesty International and Human Rights Watch set the tone for future Commission efforts in the region. Expert panelists participating in the briefing were: Frank Smyth, Washington Representative for the Committee to Protect Journalists; Karen Hanrahan, Director of Advocacy for Middle East and North Africa, Amnesty International USA; and, Joe Stork, Washington Director for the Middle East and North Africa division of Human Rights Watch.
Unfortunately the general outcome of the briefing was rather negative. Torture and ill treatment of detainees were described as serious problems within the Mediterranean Partners, as well as arbitrary detentions, lack of due process, and limits on religious practice. Such restrictions have been exacerbated in the name of anti-terror initiatives since the attacks of September 11. It was reported that unrest in the Mediterranean region, as well as repression, had given rise to an increase in human rights violations, with torture in varying degrees remaining a problem in all six countries. Journalists attempting to work in the region faced difficulties as well with several in jail.
The briefing pointed out the stark reality that Mediterranean Partners are not participating States of the OSCE and have not accepted the OSCE commitments. This picture had several present wondering if there could ever be a Helsinki process with governments so far from accepting basic human rights criteria.
The Broader Middle East and North Africa (BMENA) initiative
Coincidentally, two weeks after the Commission briefing on the Mediterranean Partner States, President Bush delivered what many consider a clarion call for reform in the Middle East in his November 6, 2003 speech on the 20th anniversary of the National Endowment for Democracy. Rejecting the common western cultural condescension of many who believe that democracy and representative government cannot succeed in Islamic Arab States, the President pointed out that champions of democracy in the region understand that while democracy is not perfect nor a path to utopia, it is the only path to national success and dignity. After delineating the details of successful democracies, President Bush announced the United States had adopted a new policy, a forward strategy of freedom in the Middle East. This Greater Middle East Initiative, which has become the Broader Middle East and North Africa Initiative (BMENA) was at first viewed skeptically by the region and much of Europe. The initial practical application of the BMENA was to be the Forum for the Future which first met in December, 2004.
European and OSCE Initiatives
The European Union’s European Neighborhood Policy (ENP), announced on November 10, 2004, invites adjacent states of the EU to share peace, stability and prosperity, with the aim of creating a secure ring of friendly States around the borders of the newly enlarged EU. Specifically, for the Mediterranean neighbors the ENP is to build on the 10-year experience of the Barcelona process, thereby continuing to emphasize economic integration and deepening political cooperation.
Europeans have also accepted the June, 2004, G-8 summit declaration titled “Partnership for Progress and a Common Future with the Region of the Broader Middle East and North Africa” regarding the BMENA with commitments to pursue political, economic and social reform in the BMENA. The EU will support it on a dual track with the ENP. The G-8 Forum for the Future, held in Rabat, Morocco, December 10-11, at the ministerial level, is the first step in the development of the BMENA.
Previously, in October 2003, the Regional Security Charter Working Group met in Copenhagen to discuss a Draft Regional Security Charter for the Middle East. This experts group has convened periodically for several years under the direction of Dr. Peter Jones. The Middle East is defined for purposes of this Charter as the States of the Arab League; the Islamic Republic of Iran; the State of Israel; and Turkey. The Charter is an evolving document which is being developed on a Track 2, i.e. non-governmental, level for eventual consideration by the states involved.
The OSCE Parliamentary Assembly on October 1, 2004, and the OSCE on November 18-19 held Mediterranean Seminars in Rhodes, Greece and Sharm El Shiekh, Egypt, respectively.
The October 1 Parliamentary Forum, led by OSCE PA President and U.S. Helsinki Commissioner Rep. Alcee Hastings (D-FL), focused primarily on combating terrorism in the Mediterranean, although economic security, trade and co-operation in the region were discussed by some speakers. Speakers included: Special Representative for the Mediterranean and recent-past OSCE PA President Bruce George, M.P.; OSCE Secretary General Jan Kubis, and Chairman of the OSCE Mediterranean Contact Group Janez Lenarcic. Particularly poignant remarks were delivered by Dr. Thanos P. Dokos, Director of Studies at the Hellenic Foundation for European and Foreign Policy, Athens, and Mr. Sotiris Roussos, Lecturer, Institute of International Relations, Panteion University of Athens. Both discussed the role of Islam in the region, Dokos from the historic perspective, Roussos the economic. In both cases cause for concern about radical Islam was shown to be well founded, yet Islamic States were shown, in the long term, to be necessary and acceptable. And yes, each believed, democracy was the road these states need to follow in the future. While some important points were presented, the seminar would have benefited by the broader participation of representatives of Mediterranean Partners.
The well-attended Sharm El Shiekh seminar produced some very positive results for the future. There was a welcome addition of members of the civil society, including a senior Egyptian general and a female parliamentarian.
As previously mentioned, Algeria suggested that the OSCE observe the January 9 Palestinian elections, a move that immediately gained widespread support. Not only would this help to insure a free election but could show the region how an organization like the OSCE might be a positive security structure. Along the same vein, Ambassador Craig Dunkerley proposed linking OSCE conflict prevention and human dimension resources with regional institutions that are beginning to explore the development of civil society--such as the Cairo Institute for Human Rights Studies (CIHRS), Egyptian Organization for Human Rights, Association for Defending Rights and Freedoms (ADL), Palestinian Human Rights Organization (Rights)--reinforcing local efforts rather than superimposing European institutions.
Most of the discussions concerned threats to security, confidence and security-building measures (CSBM) and migration.
A key address from Mohamed Kadry Said of the Al-Ahram Center for Political and Strategic Studies, Cairo, laid out the current situation and where the region needs to head for security. After describing the deterioration of mutual security in the region as the fault of both the northern and southern shores of the Mediterranean, he called for the Mediterranean Partners to redefine cooperation, threats and the Mediterranean, rejecting unilateral action in the meantime. His emphasis on cooperation in the region, and the need for expanding the region’s security space to include Afghanistan and possibly beyond laid a basis to consider security architecture for the area. He also described an evolving Arab-Islamic-Western-Global anti-terrorism perspective, which could be part of the basis for such architecture.
For more than a decade, the lack of and need for a regional security structure in the Middle East has been examined and discussed, primarily outside the region yet focused inward to the Arab states. Momentum toward such a framework seems to be gaining strength, both in the West through NATO, the G-8, EU, and OSCE and through the actions of certain governments willing to fund and act upon such initiatives. Notably, regional civil society actors are engaged in Track 2, and regional governments are slowly being included in such discussions.
Regarding BMENA and ENP, however, there may be room for concern. This duality of mutual effort between the United States and the European Union potentially presents a cross-Atlantic confrontation, and not unlike the confusion of multiple regional approaches from the West in the past as cited by the representatives of Mediterranean Partners. Since the goals of the BMENA are to bring about regional political and economic reformation versus the intent of the ENP, which is to build accommodation with existing regimes for economic and political stability, the two approaches are in conflict. The Europeans and the Americans need to agree to some common standards regarding regional stability while encouraging political change. At the same time, the governments of the region will need to strive to be flexible and perceptive enough for both initiatives. The alternatives to such cooperation are either for little or no progress to be made, or for the competition in the region between the United States and the EU to become the Great Game of the 21st century.
It is clear that there is much ongoing effort on which to build. However, two points must be made concerning the situation today. First, the West must be aware of the potential conflict between BMENA and ENP. Second, regional governments must become the primary actors in their own interest.
When discussions concerning the broader Middle East region take place in forums such as the OSCE, every effort must be made to significantly expand the number and role of speakers and attendees from the region. The day of talking at, instead of listening to, is passé.