Soviet Law and the Helsinki MonitorsTuesday, June 06, 1978
Between February 3, 1977 and June 1, 1978, twenty Soviet citizens active in the defense of human rights in five different Republics were arrested and imprisoned; two others, traveling abroad on Soviet passports, were stripped of their citizenship and denied the right to return to the USSR. All are members of the Public Groups to Promote Observance of the Helsinki Agreement in the USSR (the Soviet Helsinki Watch) or, in the case of two men, of its subsidiary Working Commission to Investigate the Abuse of Psychiatry for Political Purposes. The twenty-one men and one woman are being punished under a variety of different criminal charges. Their "crime," however, is identical: political dissent, expressed in the non-violent, open effort to spur Soviet authorities to implement the human rights and humanitarian undertakings of the August 1975 Final Act of the Conference on Security and Cooperation in Europe (the Helsinki Accord.) The following study by the staff of the U. S. Commission on . Security and Cooperation in Europe examines the workings of Soviet law and criminal procedure as applied in these cases of political dissent. It discusses the guarantees of Soviet law, including international covenants ratified by the USSR, against arbitrary arrest and unfair trial and compares those to the practices used against the Helsinki Watchers. From the study it is evident that those guarantees -- both substantive and procedural -- have been repeatedly violated in the persecution and prosecution of the twenty-two human rights activists. The violations uncovered range from improper conduct of pre-arrest house searches through illegally prolonged pre-trial detention to unlawful denial of the rights of the defense at the trial. This pattern of official conduct toward free, but dissenting political expression is not new in the Soviet Union. In the treatment of the Soviet Helsinki Watch, however, it has been systematic and can be termed, without question, a gross and intentional violation of both the pledges in the Final Act and the safeguards promised by the Soviet Constitution, Criminal Codes and Codes of Criminal Procedure.
Implementation of the Helsinki Accords Vol.I - Human Rights & ContactsWednesday, February 23, 1977
Hon. Dante Fascell, Chairman of the Commission on Security and Cooperation in Europe, presided over this hearing on the implementation of the Helsinki Accords. This hearing focused on the Commisison's consideration of the provisions of the 1975 Helsinki Accords dealing with respect for human rights and fundamental freedoms and with freer movement of people and information. The purpose was to define what the Commission knew of implementation of the accords and of their violations, to explore proposals for advancing compliance, and to seek advice on the role the accords played bettering East-West relations. Hon. Fascell was joined by Leonard Garment, former U.S. Representative to the United Nations Commission on Human Rights, and Vladimir Bukovsky, former Soviet political prisoner.
Podcast: The Roma
Concentrated in post-communist Central and Southern Europe, Roma are the largest ethnic minority in Europe. Roma have historically faced persecution and were the victims of genocide during World War II. In post-communist countries, Roma have suffered disproportionately in the transition to market economies, in part due to endemic racism and discrimination. Ahead of International Roma Day on April 8, Margareta (Magda) Matache, Director of the Roma Program at Harvard University’s François-Xavier Bagnoud Center for Health and Human Rights, joins Helsinki Commission Counsel for International Law Erika Schlager to discuss the state of Roma rights in Europe, as well as resolutions introduced by Helsinki Commission leaders to celebrate Romani American heritage. "Helsinki on the Hill" is series of conversations hosted by the U.S. Helsinki Commission on human rights and comprehensive security in Europe and beyond. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Transcript | Episode 10 | The Roma
Podcast: Equitable and Inclusive Democracies
How can the United States and Europe achieve a long-term vision of stable, and sustainable, and inclusive democracies? Political inclusion and economic empowerment in the face of discrimination and intolerance are imperative. Samira Rafaela, the first woman of Afro-Caribbean descent to win a seat in the European Parliament, European activist Alfiaz Vaiya, and Helsinki Commission Chief of Staff Alex T. Johnson discuss their experiences on the front lines of the fight for greater diversity and inclusion in Europe, and in the transatlantic policymaking space more broadly. "Helsinki on the Hill" is series of conversations hosted by the U.S. Helsinki Commission on human rights and comprehensive security in Europe and beyond. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Transcript | Episode 5 | Equitable and Inclusive Democracies
Podcast: Disappeared in Turkmenistan
In Turkmenistan, detainees serving long-term prison sentences often literally “disappear” into the notorious Ovadan Depe prison outside of Ashgabat. Disappeared prisoners have no access to medical care or legal assistance; no information is provided to their families about their well-being. Current estimates indicate that more than 120 individuals are currently disappeared in Ovadan Depe, including Turkmenistan’s former foreign minister and former ambassador to the OSCE Batyr Berdiev, who disappeared into the Turkmen prison system in 2003. Kate Watters of the Prove They Are Alive! Campaign joins Helsinki Commission Senior Policy Advisor Janice Helwig to discuss the tragedy of those who have been disappeared, as well as the current situation in Turkmenistan and the steps that are being taken to encourage the Government of Turkmenistan to halt the practice and live up to its international commitments to human rights. "Helsinki on the Hill" is series of conversations hosted by the U.S. Helsinki Commission on human rights and comprehensive security in Europe and beyond. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Transcript | Episode 7 | Disappeared in Turkmenistan
Podcast: Agents of the Future
The creation of the Moscow Helsinki Group was announced on May 12, 1976, a day that Helsinki Commission Chair Sen. Ben Cardin has called, “One of the major events in the struggle for human rights around the globe.” The 11 founding members, including legends of the human rights movement like Yuri Orlov and Lyudmila Alexeyeva, came together as what was formally named the Public Group to Assist in the Implementation of the Helsinki Final Act in the USSR. Their mission was to monitor the Soviet government’s implementation of the human rights provisions of the historic 1975 Helsinki Accords. In this episode, Dmitri Makarov, co-chair of the Moscow Helsinki Group, and historian Sarah B. Snyder discuss the history and impact of the Helsinki monitors, as well as the important work the Moscow Helsinki Group continues to do today. The Helsinki Commission is indebted to Cathy Cosman for her input and contributions to the development of this episode. "Helsinki on the Hill" is series of conversations hosted by the U.S. Helsinki Commission on human rights and comprehensive security in Europe and beyond. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Transcript | Episode 16 | Agents of the Future: The 45th Anniversary of the Moscow Helsinki Group
Justice at Home
Promoting human rights, good governance, and anti-corruption abroad can only be possible if the United States lives up to its values at home. By signing the Helsinki Final Act, the United States committed to respecting human rights and fundamental freedoms, even under the most challenging circumstances. However, like other OSCE participating States, the United States sometimes struggles to foster racial and religious equity, counter hate and discrimination, defend fundamental freedoms, and hold those in positions of authority accountable for their actions. The Helsinki Commission works to ensure that U.S. practices align with the country’s international commitments and that the United States remains responsive to legitimate concerns raised in the OSCE context, including about the death penalty, use of force by law enforcement, racial and religious profiling, and other criminal justice practices; the conduct of elections; and the status and treatment of detainees at Guantanamo Bay and elsewhere.
Human rights within states are crucial to security among states. Prioritizing respect for human rights and fundamental freedoms, defending the principles of liberty, and encouraging tolerance within societies must be at the forefront of America's foreign policy agenda. Peace, security, and prosperity cannot be sustained if national governments repress their citizens, stifle their media, or imprison members of the political opposition. Authoritarian regimes become increasingly unstable as citizens chafe under the bonds of persecution and violence, and pose a danger not only to their citizens, but also to neighboring nations. The Helsinki Commission strives to ensure that the protection of human rights and defense of democratic values are central to U.S. foreign policy; that they are applied consistently in U.S. relations with other countries; that violations of Helsinki provisions are given full consideration in U.S. policymaking; and that the United States holds those who repress their citizens accountable for their actions. This includes battling corruption; protecting the fundamental freedoms of all people, especially those who historically have been persecuted and marginalized; promoting the sustainable management of resources; and balancing national security interests with respect for human rights to achieve long-term positive outcomes rather than short-term gains.
By Erika Schlager,
Counsel for International Law
This is a July 16, 2019, update to the article “Minority Faiths Under The Hungarian Religion Law," originally posted on July 8, 2017 (reprinted below).
In 2011, Hungary adopted a new church law that entered into effect in 2012. The law stripped hundreds of faiths of their legal status overnight, deprived them of state resources to which they had previously been entitled, and resulted in other limitations.
In December 2018, Hungary amended its religion law (effective as of April 15, 2019). The purpose of the amendment was to implement judgments of Hungary’s Constitutional Court as well as the European Court on Human Rights which held that Hungary’s religion law discriminated against faiths and churches. However, the amended law includes elements that, in practice, will continue discriminatory elements of the 2011 law for several more years and, in some respects, exacerbate the situation for minority faiths.
The existing (2011) legal framework already distinguished among churches for the purposes of allocating government resources and benefits. The 2018 amendment added additional tiers to the categories, resulting in a more complex system. The four new tiers or categories are: religious association (with the right to be called a “church”), listed church, registered church and recognized church. Only the most “privileged” tier (recognized church) has the rights previously enjoyed by religious organizations recognized as churches before the passage of the 2011 law. Faiths which enjoyed legal recognition before the 2011 law but were stripped of that recognition under the 2018 law continue to be forced to accept the status of religious association and excluded from all the “privileges” granted to the higher categories. In other words, the 2018 amendment simply carries over the framework of the 2011 law. Additionally, the Hungarian Parliament – a body of elected officials – still decides which religious organizations are in the privileged tier (recognized church), making this an inherently political distinction.
The amendment does make two improvements. First, it allows all religious organizations that secure state recognition to determine their own internal organizational structure. (Under the law passed in 2011, this was not the case.) Second, it permits people to donate 1% of their income tax to any religious organization that secures one of the four approved statuses. However, the amendment does not automatically enable organizations previously excluded from this support to receive it.
On net, the December 2018 amendment fails to implement fully the court’s rulings or end the discrimination of the 2011 law, leaving some religious groups in limbo.
The amendment did not provide a remedy for churches that were stripped of their status under the 2011 law, and faiths categorized in what is now the lowest tier (“religious association”) cannot be upgraded to the status of listed or registered churches without renouncing all future state, European Union, and foreign support or collecting the 1% income tax donation but remaining excluded from the benefits of "recognized" status during a prolonged transitional period.
Minority Faiths Under The Hungarian Religion Law
June 8, 2017
On April 25, 2017, the European Court on Human Rights announced a judgment in the case of the Hungarian Evangelical Fellowship v. Hungary.
This decision followed a 2014 finding by the Court that Hungary's 2011 law on religion violated the rights to freedom of association and freedom of religion. In light of the failure of Hungary to end continuing violations, the April judgment awarded the Evangelical Fellowship €3 million in damages.
Religious Discrimination after the 2011 Law
The case has its origins in changes made to Hungary’s religion law, which establishes a framework for the registration, or official recognition, of churches. The law was rushed through parliament in June 2011 in a midnight parliamentary session as part of a massive three-year wave of 700 new laws, a new constitution, and five amendments to the Constitution passed between 2010 and 2013.
The “church law,” as it is known, came into force in 2012 and stripped legal recognition from over 300 previously recognized faiths; only 14 faiths retained their status under the new law. The law gives the exclusive authority to the elected politicians in the Hungarian parliament to determine what constitutes a church, based on a parliamentary review of a religious community’s faith and rites; bylaws and internal rules; and elected or appointed administrative and representative bodies. The parliament then makes its decision according to a two-thirds vote.
Churches recognized by the parliament are granted a range of financial benefits and other privileges, including the ability to minister to co-religionists in public institutions such as schools, prisons and the military; unregistered faiths are denied these benefits. Religions that lose their state recognition may have their assets confiscated by the state.
Hungarian Ombudsman Mate Szabo criticized the law when it was adopted and the Constitutional Court has twice struck down parts of the new religion law. Parliament changed the law to allow unrecognized groups to identify as “churches” (translation: “you can call yourself whatever you want”), but refused to alter the discriminatory framework that excludes unregistered faiths from the benefit of official status (translation: “you’ll still have second-class status”). In other words, there was no meaningful legislative change to address the law’s shortcomings.
The Hungarian Evangelical Fellowship, joined by several smaller groups, including Mennonites, two small reformed Jewish congregations, and a Buddhist congregation, brought the case that was decided by the European Court in 2014. The European Court held that the “church law” is “inconsistent with the State’s duty of neutrality in religious matters that religious groups had to apply to Parliament to obtain re-registration as churches and that they were treated differently from incorporated churches with regard to material benefits without any objective grounds.” Damages were awarded to the other religious communities in 2016, but the Hungarian Evangelical Fellowship continued to seek damages in light of continuing violations.
In its April 2017 decision, the court awarded €3 million to the Hungarian Evangelical Fellowship. The damages for discriminatory treatment included the loss of personal income tax donations and the corresponding supplementary State subsidy; the loss of State subsidies intended to support the applicant’s social and educational institutions; the loss of subsidies for religious teaching; and the loss of salary supplements paid to the staff employed by church institutions providing public-interest services.
Unfortunately, the Court does not have the authority to compel Hungary to change its religion law and it is up to the Hungarian parliament to take the measures to comply with the ruling. (The Court may award damages again – and again – in the case of continuing violations.) De-registered churches may be able to get a judgment for damages in Strasbourg, but only Budapest can provide a legal remedy.
The government may be trying to squeeze the Hungarian Evangelical Fellowship out of existence by depriving them of the benefits extended to other faiths and forcing them to devote resources to constantly litigate and re-litigate the same violations. Smaller churches de-registered after 2011 have already largely been shuttered.
About the Hungarian Evangelical Fellowship
The Hungarian Evangelical Fellowship broke from the Hungarian Methodist Church in the mid-1970s over the issue of collaboration with the communist regime. As a faith that would not bend to the communist regime, the Hungarian Evangelical Fellowship was subsequently forced underground and persecuted for engaging in charitable work with the poor at a time when the communist regime was loath to admit that poverty was a serious problem. After the fall of the communist regime, in 1991 the Hungarian Evangelical Fellowship was officially recognized until stripped of this status under the 2011 law.
The Hungarian Evangelical Fellowship is known for its charitable and humanitarian work, particularly with Romani communities, and runs schools, homeless shelters, and soup kitchens. However, becausethe Hungarian tax authority has refused to issue a tax number to deregistered churches such as the Evangelical Fellowship, it is impossible for them to be designated them as recipients of a 1 percent charitable donation on tax forms.
In 2017, the Hungarian Government has also proposed a Russian-style “foreign agents” law, which is currently scheduled for a vote by parliament, possibly on June 13. In recognition of criticism that, among the draft law’s many problems, it would stigmatize groups that receive foreign funding – including support from co-religionists in other countries – the current draft was altered to include a carve-out exception for religious organizations and sports. If adopted, the law may spur the adoption of copycat laws in the region that might not have the same carve-outs for religious groups.
During a press conference in April, Prime Minister Viktor Orban’s chief of staff Janos Lazar suggested that Hungarian groups that receive foreign funding should be designated with a star. He later apologized.