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A New European Parliament – How Will EU-U.S. Relations Change?
Thursday, June 06, 2019

By Andrew Carroll,
Kampelman Fellow

On June 6, 2019, the European Parliament Liaison Office in Washington, D.C, in cooperation with the Delegation of the European Union (EU) to the United States, the U.S. Helsinki Commission, and the EU Congressional Caucus, convened a panel discussion on the May 2019 EU Parliamentary elections, and the future of the EU-U.S. relationship. 

 

 

New EU Ambassador to the U.S. Stavros Lambrinidis opened the event, which was held on the 75th anniversary of D-Day, by reflecting on the heroism and sacrifice of those who helped construct the rules-based system of freedom and order underpinning continued peace and security in Europe. Their contributions, he noted, are directly tied to last month’s European Parliamentary elections, which he hailed as a triumph for democracy following record voter turnout among EU Member States. 

Dr. Mischa Thompson, Helsinki Commission director of global partnerships, policy, and innovation, delivered remarks on behalf of Helsinki Commission Chairman Rep. Alcee Hastings (FL-20). Chairman Hastings’ statement discussed the symbolism of the 75th Anniversary of D-Day, stating it was a “stark reminder of the power of allied U.S. and European strength in the face of threats to democracy.”  His comments also emphasized the close bond the U.S. shares with Europe, highlighting programs such as the Transatlantic Inclusion Leaders Network (TILN), which supports emerging leaders for the long-term prosperity of democracies on both sides of the Atlantic. Three European alumni of the TILN program were elected to the European Parliament in May.

In the discussion that followed, moderated by Paul Adamson, Chairman of Forum Europe, panelists Heather Conley of the Center for Strategic and International Studies, Daniel Hamilton of Johns Hopkins University's School of Advanced International Studies, Kathleen McNamara of Georgetown University, and Antoine Ripoll of the European Parliament Liaison Office stressed the enduring importance of the U.S.-EU relationship amidst the changing political landscapes. 

The panelists stressed security and economic ties, as well as the need to strengthen the relationship between the U.S. Congress and European Parliament on policy matters ranging from trade to counterterrorism and data privacy.  Speakers commented on the dramatic increase in voter turnout in the EU’s newest Member States in Central and Eastern Europe. They also noted the new composition of the European Parliament, which not only reflects losses by mainstream political parties, but also the entrance of new players; 60 percent of new MEPs have not previously held office in the body. 

Discussants later fielded questions on subjects including EU defense integration, trade and investment, and U.S.-EU common policy towards China.      

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  • Could U.S. Law Help Punish Russians for Doping Scheme?

    WASHINGTON — In recent months, the United States has punished the following people for alleged human rights violations and corruption: A former Gambian president who led terror and assassination squads. A Chechen leader involved in torture, kidnapping and murder. A Pakistani man at the center of a human-organ trafficking network. And a former Russian sports minister who was implicated in a nation’s systematic doping scheme that tainted several Olympics and other international competitions? Well, not the last person — at least not yet. The United States Anti-Doping Agency is exploring the use of government sanctions to punish Russian officials involved in the state-supported doping program that turned the 2014 Sochi Games into a sham. On Tuesday, Travis Tygart, the chief executive of the agency, attended a workshop here sponsored by the U.S. Helsinki Commission to see if the Global Magnitsky Act, a 2016 law that allows the sanctions, could apply to the Russians. The law calls for individuals who have committed human rights violations or significant corruption to be barred from obtaining United States visas and blocked from using the American financial system, which effectively blacklists them from doing business with major world banks. Powerful, wealthy people don’t like to have their assets frozen. “What happened in Sochi was the worst case of corruption that we’ve ever seen in sport, so why shouldn’t the act apply to us?” Tygart said. “We have to look down every avenue if we’re working for clean athletes, particularly in light of the I.O.C.’s failure do anything.” Tygart said American athletes have been demanding that the antidoping agency find ways to better protect clean athletes in the future so the Russian doping debacle is never repeated. The International Olympic Committee punished Russia, sort of, for its widespread doping. It barred the Russian Olympic Committee, the Russian flag and the Russian national anthem from last month’s Pyeongchang Games, while letting some Russian athletes compete under a neutral flag. It also barred for life one top Russian official: Vitaly Mutko. (He was implicated in the doping program as the Russian sports minister. After the scheme was exposed, he was promoted to deputy prime minister.) Three days after the Pyeongchang Games ended, the I.O.C. reinstated Russia’s Olympic committee — even though two Russian athletes had failed drug tests during the competition. So the United States antidoping group is looking for additional ways to punish the Russians. The Global Magnitsky Act is in its infancy and the sports angle might be a long-shot, but why not try? Besides, the United States government often has to do the dirty work for sports leagues and federations that refuse to police themselves. To take down the principles and athletes involved in the Bay Area Laboratory Co-Operative steroids scandal that ensnared athletes like Barry Bonds and Marion Jones, law enforcement made arrests and prosecutors took it from there. To address the widespread doping problem in Major League Baseball, Congress had to drag players and management in to testify. To uncover corruption in FIFA, United States prosecutors took the lead and indicted more than two dozen officials and businessmen from all over the world — much to the dismay of soccer’s global establishment. And now it could be the Global Magnitsky Act that delivers a staggering blow to the Russians for corrupting the results of major global sports competitions — including, but certainly not limited to, the Olympics. Among the people who could be targeted for sanctions are Mutko; Yuri D. Nagornykh, the former deputy sports minister; Irina Rodionova, the former deputy director of the Center for Sports Preparation; and others mentioned in an affidavit by Dr. Grigory Rodchenkov, Russia’s former longtime antidoping laboratory chief who blew the whistle on the whole operation. Does such sports corruption rise to the level covered by the law? William F. Browder thinks so. He’s a prominent investor who worked with Congress on the original Magnitsky Act, which was passed in 2012 in response to the death of Browder’s Russian lawyer, Sergei L. Magnitsky. The lawyer had uncovered a $230 million tax-theft scheme before he was arrested and died in prison. “There’s one important issue and that’s the doping scandal at the Sochi Games led to what I believe were murders,” Browder said, referring to two officials from Russia’s antidoping agency who died within two weeks of each other in 2016. “There were a number of people involved who died very suspiciously who were most likely liquidated to cover up a crime.” He added: “There were people who effectively ruined institution of sport and have committed crimes to do so. That would reach the standard of Global Magnitsky, in my opinion. These people involved in sports doping, they’re shameless. So there needs to be really hard consequences. They need to pay a very dear price.” That price would be losing access to their money and the freedom to move about the world. And they would be on a list with some of the world’s worst criminals. “If the Olympic Games are unquestionably tainted, that has huge economic ramifications for not just U.S. athletes, but for U.S. industry, and the U.S. government has an interest in making sure that doesn’t happen,” said Robert G. Berschinski, senior vice president for policy at Human Rights First and a former deputy assistant secretary of state. I asked him if he thought the individuals involved in the Russian doping case could be sanctioned under the law. “Without getting into specifics,” he said, “it seems that you can make a case.” Tygart thinks so, too. He left the workshop on Tuesday thinking that sanctions were a last resort but “a viable option.” Is it truly a viable option, and will the antidoping agency act on it? A certain group of Russians might not be eager to learn the answers.

  • Boris Nemtsov: 1959-2015

    On February 27, 2015, former Deputy Prime Minister and Russian opposition leader Boris Nemtsov was brutally murdered on the Bolshoi Moskvoretsky Bridge directly in front of the Kremlin in Moscow, Russia. Three years after Nemtsov’s assassination, the Helsinki Commission examined the investigation into Nemtsov’s murder to shed light on the circumstances of the most high-profile political assassination in modern Russia. The Helsinki Commission probed reasons why the plaintiffs were denied the opportunity to a fair trial, the effects Russian propaganda has had on Russian citizens in the suppression of information about the case, and the impact of sanctions resulting from the 2016 Global Magnitsky Act. The Commissioners heard testimony from Zhanna Nemtsova, daughter of Boris Nemtsov; Vladimir Kara-Murza, Chairman of the Boris Nemtsov Foundation for Freedom; and Vadim Phrokhorov, Lawyer for the family of Boris Nemtsov. Sen. Roger Wicker (MS), chairman of the Helsinki Commission, introduced the witnesses and commended Ms. Nemtsova for her courageous activism against gross human rights violations in Russia. Sen. Ben Cardin (MD), the Helsinki Commission’s ranking senator, highlighted Russian President Vladimir Putin’s attempts to suppress democracy in Russia, as well as the Kremlin’s use of military force in Ukraine, interference in the 2016 U.S. presidential elections, and involvement in the deaths of political opponents like Mr. Nemtsov. Sen. Cardin also praised Russian citizens who side with democracy and emphasized that “[members of the Helsinki Commission] are on the side of the Russian people.” Rep. Christopher Smith (NJ-04), Co-Chairman of the Helsinki Commission, discussed how the Magnitsky Act is a breakthrough and a “very useful tool against repressive regimes.” He also asked the panelists for recommendations on actions the United States can and should take to further transparency on the investigation, and expressed interest in initiating a procedure to establish a special representative for the OSCE Parliamentary Assembly meeting in July of 2018. “And, so, for Boris himself, we need [...] all parties responsible to be held to account — total transparency,” Rep. Smith said.   Ms. Nemtsova, the first to testify, criticized Russian authorities for failing to classify the murder as politically motivated. She also explained how the Russians want to end public debate on sensitive political issues. “You probably are aware of what [the Russians] are afraid of most,” she said. “They’re afraid of the sunshine. My father’s case is one of the sensitive issues, and that’s why it’s important to bring it to the sunshine.” Ms. Nemtsova also criticized the investigative committee for not identifying the individual that orchestrated the murder. In closing, she noted that the Government of Russia has tried—but failed— to erase her father’s memory, and urged the Commissioners to appoint a special representative to oversee the investigation at the July 2018 Parliamentary Assembly Annual Session in Berlin, Germany. During his testimony, Mr. Kara-Murza reiterated the importance of the Boris Nemtsov plaza-naming ceremony that took place on February 27, 2018, exactly three years after his murder. The District of Columbia renamed a section of Wisconsin Avenue, in front of the Russian Embassy, to honor Boris Nemtsov’s legacy. “It is important for those who continue to hold remembrance marches [...] for people who continue Boris Nemtsov’s work by exposing government corruption. You can kill a human being, but you cannot kill what he stood for,” he said. Mr. Kara-Murza noted that experts frequently blur the line between a country and a regime and urged political leaders in Western democracies to “not equate Russia with the regime that is ruling it.” He concluded by urging the Commissioners to initiate a process, similar to the appointment of a special rapporteur, under the auspices of the OSCE Parliamentary Assembly Annual Session being held in July 2018.   Mr. Prokhorov reiterated how Russian authorities refused to recognize Boris Nemtsov’s murder as politically motivated and that the evidence led to the inner circle of Ramzan Kadyrov, the leader of Chechnya. “The problem is not that the investigation of the suspects is difficult or impossible. Our principal concern is that the investigative authorities are not willing to make any effort to do so,” Mr. Prokhorov said. Mr. Prokhorov stated that the Russian authorities breached the family of Boris Nemtsov’s right to a fair trial and how “none of the organizers or masterminds have been identified or persecuted to date.” He concluded by urging western political leaders, diplomats, and public figures to engage Russian counterparts in dialogue regarding Boris Nemtsov’s murder when given the opportunity to do so.

  • Attorney for Russian ‘Icarus’ Whistleblower Blasts Olympic Anti-Doping Effort

    WASHINGTON—The attorney for the Russian whistleblower featured in Bryan Fogel’s Oscar-nominated movie “Icarus” is blasting the International Olympic Committee for not taking harsher measures against Russia for the state-sanctioned use of performance enhancing drugs by its athletes. Jim Walden, the attorney for Grigory Rodchenkov, who is at the center of “Icarus,” spoke to the Helsinki Commission on Capitol Hill and said the IOC’s ban on Russian participation in the recent Winter Olympics was “hardly a slap on the wrist.” “In reality, it was a PR stunt—a sham,” he said last week. “After all, Russia has now fielded one of its largest teams at the ongoing Olympics in Pyeongchang. They are permitted to compete not as neutral athletes but in uniforms bearing Russia’s name.” Rodchenkov served as the director of the Moscow Anti-Doping Center, tasked with ensuring compliance with the World Anti-Doping Agency. In fact, he was “ordered by his Kremlin bosses” to assist in “an elaborate system to allow Russia’s athletes to cheat in international competitions, including the Olympics,” Walden said. In the movie, Rodchenkov works with Fogel on his effort to use performance enhancing drugs as a way to show how Lance Armstrong evaded detection for so long. But, as “Icarus” unfolds, Rodchenkov becomes the center of the anti-doping scandal. Rodchenkov is now in hiding in the United States, given the threats from Russia, which has denied the claims. “Russian officials have harassed his family, confiscated his property, and even declared that he should be ‘shot as Stalin would have done,'” Walden said in his testimony. “To discredit Dr. Rodchenkov, even Russian President Vladimir Putin has gotten in the game, accusing the FBI of ‘drugging’ Dr. Rodchenkov to elicit false testimony while, at the same time, calling Dr. Rodchenkov an ‘imbecile’ and ‘mentally unstable.'” Rodchenkov was sued for defamation last week in New York by a group of Russian athletes, in a lawsuit that is being backed by Mikhail D. Prokhorov, who owns the Brooklyn Nets, the New York Times reported. “The IOC has stood by and watched this abhorrent conduct against its main witness without taking any action at all,” Walden said in his appearance before the commission. “Did this embolden Russia? You tell me. Russia reacted by also retaliating directly against the IOC and WADA. They hacked the IOC’s and WADA’s computers, disclosed confidential documents, and even threatened to bring sanctions against IOC members and WADA executives.” He continued, “No one can seriously argue that this cowardly and ineffective response by the IOC is appropriate, will deter future cheating, or is fair to clean athletes, Olympic sponsors, or fans. No one can seriously argue that the IOC’s self-policing system works at all.” Walden called on Congress to pass legislation to add criminal penalties for doping. He said a statute could be similar to the Foreign Corrupt Practices Act, which sanctions foreign government officials for actions that impact U.S. businesses. The commission is an independent agency that includes members of the House and the Senate, and it monitors human rights and international cooperation in Europe. A spokesman for the IOC did not return a request for comment.

  • The Russian Doping Scandal

    In 2016, Dr. Grigory Rodchenkov blew the whistle on Russia’s state-run doping program, revealing a deep web of deception and fraud that he had once helped facilitate. This revelation led to the total ban of Russia from the 2018 Winter Olympics and intensified the debate over corruption in sports. After fleeing Russia for fear of retaliation, Dr. Rodchenkov now lives a precarious life in the United States, relying on whistleblower protections and fearful that Russian agents may one day come knocking. This briefing featured Dr. Rodchenkov’s attorney, Jim Walden, for a conversation on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions. It also included a discussion of Oscar-winning documentary Icarus, which chronicles Dr. Rodchenkov’s journey from complicit head of Russia’s anti-doping laboratory to courageous whistleblower. During the briefing, Mr. Walden described the elaborate system Dr. Rodchenkov led to bypass doping testing. He further went on to detail the punishments levied on the Russian government by the International Olympic Committee (IOC).  He said that the IOC has insufficiently punished Russia for its state-sponsored doping program by not fully banning Russia from the 2018 Winter Olympic Games in Pyeonchang. In addition, most of the 43 “lifetime” bans of doped Russian athletes have been overturned by the Court of Arbitration for Sport. Furthermore, Russia has not accepted responsibility and instead seeks to retaliate against Dr. Rodchenkov. For example, Russian officials have harassed Dr. Rodchenkov’s family, confiscated his property and launched an information campaign to discredit him. In addition, three of the guilty Russian athletes have sued Dr. Rodchenkov in New York State Supreme Court for defamation.  The Russian government has even retaliated against the IOC and World Anti-Doping agency (WADA) by hacking the IOC’s and WADA’s computers, disclosing confidential documents, and even threatening  to bring sanctions against IOC Members and WADA executives. Mr. Walden closed his statement with a legislative solution to combat Russian doping. He proposed creating a doping “long-arm statute” similar to the Foreign Corrupt Practices Act or amending the Controlled Substances Act  to give the U.S. power to persecute foreign officials and athletes that engage in doping and provide whistleblower protection. In response to a question from Helsinki Commission Policy Advisor Paul Massaro about the IOC’s response to the incident, Mr. Walden said that the IOC’s reaction was ineffective due to corruption, complicity, or ineptitude. When asked about the motivations behind Russia’s doping program, Mr. Walden noted that the doping program is unique to Russia because of the impact on sport in Russian society and added that the success of the Sochi Olympics greatly boosted Vladimir Putin’s approval ratings.

  • Nemtsov Murder Investigation Under Scrutiny at Upcoming Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: BORIS NEMTSOV, 1959-2015: SEEKING JUSTICE, SECURING HIS LEGACY Wednesday, February 28, 2018 3:30 p.m. Dirksen Senate Office Building Room 138 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce022818 Three years after Russian opposition leader Boris Nemtsov was gunned down on a bridge in front of the Kremlin, and one day after the unveiling of Boris Nemtsov Plaza in front of the Russian Embassy in Washington, D.C., the Helsinki Commission will examine the outcome of the official investigation and trial into his assassination. An officer of the Russian Interior Ministry with links to Chechen leader Ramzan Kadyrov was convicted of pulling the trigger; four others were sentenced as perpetrators. Gen. Alexander Bastrykin, the head of Russia’s Investigative Committee has declared the case “solved.” Yet, three years on, the organizers and masterminds of the Nemtsov assassination remain unidentified and at large. The United States has sanctioned both Kadyrov and Bastrykin for gross human rights violations under the Magnitsky Act. The Parliamentary Assembly of the Council of Europe has appointed a Special Rapporteur to assess the status of the case and report on its shortcomings. At this hearing, the Commission will consider whether similar oversight is needed within the framework of the Organization for Security and Cooperation in Europe. This hearing will also examine the particular importance of Boris Nemtsov’s legacy of public and competitive politics as Russia looks to Vladimir Putin’s fourth official term in office. Witnesses scheduled to testify include: Zhanna Nemtsova, Daughter of Boris Nemtsov Vadim Prokhorov, Lawyer for the Nemtsov family Vladimir Kara-Murza, Chairman, Boris Nemtsov Foundation for Freedom

  • Russian Doping and Fraud to Be Probed at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: THE RUSSIAN DOPING SCANDAL: PROTECTING WHISTLEBLOWERS AND COMBATING FRAUD IN SPORTS Thursday, February 22, 2018 3:30 p.m. Capitol Visitor Center Room SVC 203 Live Webcast: www.facebook.com/HelsinkiCommission In 2016, Dr. Grigory Rodchenkov blew the whistle on Russia’s state-run doping program, revealing a deep web of deception and fraud that he had once helped facilitate. This revelation led to the total ban of Russia from the 2018 Winter Olympics and intensified the debate over corruption in sports. After fleeing Russia for fear of retaliation, Dr. Rodchenkov now lives a precarious life in the United States, relying on whistleblower protections and fearful that Russian agents may one day come knocking. This briefing features Dr. Rodchenkov’s attorney, Jim Walden, for a conversation on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions. It will also include a discussion of the Oscar-nominated documentary Icarus, which chronicles Dr. Rodchenkov’s journey from complicit head of Russia’s anti-doping laboratory to courageous whistleblower.

  • Presidential Elections in Kyrgyzstan

    Kyrgyzstan’s presidential elections on October 15, 2017, provided for an orderly transfer of power despite curbs on political opposition and media freedom in the run-up to the election, as well as allegations of administrative pressure on voters, vote-buying, and other irregularities during the electoral process. The OSCE Statement of Preliminary Findings and Conclusions stated that the elections “contributed to the strengthening of democratic in-stitutions by providing for an orderly transfer of power from one elected president to another. The election was competitive, as voters had a wide choice and candidates could, in general, campaign freely, although cases of misuse of public resources, pressure on voters, and vote-buying remain a concern….While televised debates contributed to greater pluralism, self-censorship and limited editorial coverage of the campaign signaled deficiencies in media freedom.” Download the full report to learn more. Contributor: U.S. Helsinki Staff

  • Brexit: Parliamentary Perspectives

    On June 23, 2016, a majority of British citizens voted to leave the European Union (EU), in the so-called BREXIT referendum. Beyond its direct impact on both the United Kingdom (UK) and the European Union (EU), BREXIT has numerous implications for the entire OSCE region. Recent events in the U.S. Congress and European Parliament suggest that parliamentarians believe the impact could range from a weakened EU stance on human rights, to a stronger transatlantic alliance on economic matters, to little or no change in current U.S., EU, and OSCE security relationships.  Over the past few weeks, British Members of Parliament (MPs) have begun to engage in the arduous task of considering legislation to disentangle the UK from the EU.  What the Legislation Does The legislation, called the European Union (Withdrawal) Bill, would repeal the 1972 European Communities Act, which brought the UK into the EU.  Adoption of the withdrawal bill would allow EU law to be transposed into UK law to ensure continued consistency with EU rules and regulations on matters ranging from trade to workers’ rights following BREXIT. In addition, the bill would also empower Ministers and other government officials to make changes to UK law without the approval of Parliament in special cases, with the goal of streamlining bureaucratic processes.  Ideally, the bill would be adopted before March 2019 when the UK is scheduled to leave the EU. Challenges However, numerous complications surround passage of the bill.  First, parliamentarians are considering the bill even though a deal has yet to be finalized for the UK to leave the EU.  Talks between the UK and the EU set for December continue to focus on how much the UK is obligated to pay the EU upon departure; the new legal status  of EU citizens currently living and working in the UK, and vice versa; and trade and regulatory borders, in particular with Northern Ireland.  Currently, it appears that  border concerns with Ireland may have been resolved, costs may amount to close to 40 billion pounds, rights for EU and UK citizens will be preserved, and that the UK will also continue to be under the jurisdiction of the European Court of Justice… all of which should be officially determined during talks next week. Other issues also impact passage of the bill.  Parliamentarians are currently legislating without “BREXIT impact assessments” – information they say they need to forecast how BREXIT may impact a variety of sectors from industrial to finance.  Some MPs object to the legislation because empowering Ministers to make changes without the approval of Parliament could circumvent the standard checks-and-balances process, leading to weak legislation.  Other MPs want to ensure European Court of Justice and some other rules will still apply to the UK during the years it is expected it may take to transpose and/or write new laws to take the place of +20,000 EU laws, regulations, and other legal instruments that would otherwise cease to exist following BREXIT.  While many of these issues remain in question until a final agreement can be reached, ultimately UK MPs have the final vote on the UK’s withdrawal from EU.  As such, parliamentary perspectives on BREXIT continue to be front and center.  Recent BREXIT-Related Events in the U.S. Congress and European Parliament Parliamentarians and Commissioners Discuss Europe’s Changing Landscape and BREXIT Brexit: A Negotiation Update End of a fruitful dialogue? Impact of Brexit on Equality and anti-discrimination in the EU & UK Impact of Brexit on Equality and Anti-Discrimination in the EU & UK

  • The International Tribunal and Beyond: Pursuing Justice for Atrocities in the Western Balkans

    Between 1991 and 2001 the Socialist Federal Republic of Yugoslavia, made up of six republics, was broken apart by a series of brutal armed conflicts. The conflicts were characterized by widespread and flagrant violations of international humanitarian law, among them mass killings of civilians, the massive, organized and systematic detention and rape of women, torture, and practices of ethnic cleansing, including forced displacement. In 1992 the U.N. established a Commission of Experts that documented the horrific crimes on the ground and led to the 1993 creation of the International Criminal Tribunal for the former Yugoslavia (ICTY). This month, after more than two decades of persistent, ground-breaking efforts to prosecute the individuals responsible for war crimes, crimes against humanity, and genocide in the former Yugoslavia, the ICTY is concluding its work. As it prepares to close its doors, this briefing will assess the tribunal’s achievements and limitations, and most importantly, what still needs to be done by the countries of the region to seek justice in outstanding cases, bring greater closure to victims, and foster greater reconciliation among peoples. Panelists discussed these questions and suggested ways that the United States, Europe, and the international community as a whole can encourage the further pursuit of justice in the Western Balkans.

  • Sea Rescues: Saving Refugees and Migrants on the Mediterranean

    Ships on the Mediterranean Sea have rescued 117,000 refugees and migrants bound for Europe so far in 2017, and many more since the crisis first reached the continent in 2015. In the past two years, almost 12,000 refugees and migrants have died or gone missing. Many of the sea rescues have been conducted by coast guard and naval ships from frontline European countries; the European Union’s Border and Coast Guard Agency, also known as Frontex; and EUNAVFOR MED Operation Sophia. Merchant ships have also played an important role in sea rescues of migrants and refugees on the Mediterranean. According to the International Chamber of Shipping, merchant ships have rescued more than 41,300 of them since 2015. This briefing examined how rescue operations work; what ships are obligated to do when they become aware of a vessel in distress; issues of human trafficking and smuggling; how well governments, shipping companies, and international organizations coordinate and collaborate with each other on sea rescues; major challenges that currently exist for navies, coast guards, and merchant ships involved in rescue operations; and recommendations to address these challenges.

  • Helsinki Commission, Tom Lantos Human Rights Commission Announce Briefing on Justice in Western Balkans and Closing of International Tribunal

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  • Rescuing Refugees and Migrants on the Mediterranean Topic of Upcoming Helsinki Commission Briefing

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    In July 2017, Belarus hosted the OSCE Parliamentary Assembly (PA) Annual Session.  However, two decades ago, the OSCE PA refused to even recognize the legitimacy of Belarus’ putative elected representatives.  What has changed? Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law, Scott Rauland, Senior State Department Advisor, and Michael Newton, Intern

  • Kyrgyzstan election: A historic vote, but is it fair?

    For the first time in the history of Kyrgyzstan, an elected president is due to peacefully hand over power after elections take place on Sunday. But critics say the political environment in Central Asia's "island of democracy" is deteriorating. Here's a look at the issues there - and who's likely to come out on top. Elections in Central Asia are usually easily predictable - the incumbent or the ruling party's candidate wins the vote with an overwhelming majority. But the vote in Kyrgyzstan offers a real competition and choice. Nearly 60 people applied to run in the race, 13 of whom were registered to stand. Two later dropped out. The incumbent, President Almazbek Atambayev, must leave office after six years. Under the Kyrgyz constitution, he may only serve one term. In neighbouring states, laws have often been changed to allow the incumbent to run again but this did not happen in Kyrgyzstan. President Atambayev also promised not to go for the prime minister's job in order to stay in power. Although one of the main candidates - Sooronbay Jeenbekov - is from the president's party, he is not guaranteed to win the vote. He faces a strong opponent - Omurbek Babanov, a prominent businessman and a former prime minister. Some candidates made the unusual move of endorsing their opponents after the campaign started. Experts say that they went through all the trouble of getting into the race in order to increase their political influence. They try to build a greater support base, which they use to negotiate a favourable deal with stronger candidates before pulling out of the race. Politicians can easily change sides, because it's not ideology or a political platform but their own personality that they use to appeal to the voters. Observers say that over the last couple of years the political climate in Kyrgyzstan has been deteriorating. The Helsinki Commission wrote that "the vote takes place amid mounting concerns of democratic backsliding, particularly regarding the government's treatment of political opposition, civil society and human rights defenders". President Atambayev has demonstrated increasing intolerance to criticism. The Sentyabr TV station which opposed him was closed last year for extremism, and activists say that there were blatant procedural violations during the trial. Several popular independent media outlets were sued and heavily fined for insulting the president. The government also tried to intimidate critics on social media. Security services identified Facebook users who criticised the president, and gave them warnings. Several political opponents of President Atambayev have also been sent to prison. Earlier this year, leaders of the opposition People's Parliament movement were jailed for allegedly plotting a coup. Omurbek Tekebayev, a former ally of President Atambayev who turned into a prominent critic, was sentenced to eight years in prison for corruption and fraud and subsequently barred from running for the presidency. Experts saw this case as politically motivated. The atmosphere got particularly tense following a major diplomatic spat between Kazakhstan and Kyrgyzstan. It started last month after a meeting between the president of neighbouring Kazakhstan, Nursultan Nazarbayev, and Mr Babanov. In an unusually harsh speech, President Atambayev accused his Kazakh counterpart of interfering in Kyrgyzstan's affairs, and warned them of worse to come. "I will speak differently if our neighbours don't come to their senses," he said. Since the beginning of the campaign, there have been numerous reports of violations by various candidates. There have been reports of people going house-to-house with a list of names and addresses and offering money to citizens if they vote for Mr Jeenbekov. Mr Babanov was also accused of vote-buying, and the Central Elections Committee issued him three warnings for violation of campaign rules. The Babanov team complained that security services were putting pressure on their candidate by recording their meetings and conversations and arresting his supporters. An influential MP, Kanatbek Isakov, was detained and charged with an attempt to organise a coup. Security services denied any political motive for the arrest, but Mr Babanov said that Mr Isakov had been arrested because he endorsed him. Despite all this, many voters feel encouraged by the fact that there are several strong candidates. In their view, this will ensure that the outcome is not rigged. "Our politicians know that the people will rise if there are serious violations, so they won't go into that," said one voter in the second city, Osh. Kyrgyzstan has experienced two major uprisings that ousted presidents in the past. And in both cases, rigged elections fuelled the protest mood.    

  • Helsinki Commission Advisor Observes German Elections in Berlin

    By Scott Rauland, State Department Senior Advisor On September 24, 2017, over 50 parliamentarians and staff from 25 countries fanned out across Germany as part of the OSCE Parliamentary Assembly (OSCE PA) team that was invited to observe German parliamentary elections.  This marked the first time that an OSCE PA Election Observation Mission (EOM) has deployed to Germany.  Although the OSCE PA does not have the resources to observe every election, the organization tries to be present in major elections that are politically important. I was pleased to represent the U.S. in that effort as the State Department’s Senior Advisor at the U.S. Helsinki Commission. Members of the OSCE PA team were briefed by German government officials, representatives of the major political parties, political analysts, and other experts in the two days leading up to the election.  On election day, members of the OSCE PA observation mission visited over 300 polling stations in Berlin, Munich, Hamburg, Cologne and Duesseldorf, just a fraction of the more than 90,000 polling stations located in Germany in 299 constituencies.  In a press conference held on September 25, George Tsereteli, the Special Coordinator for the EOM, noted, “Germany has once again demonstrated that its commitment to democracy is undiminished. Highly competitive and well-run, these elections were an opportunity for voters to express their choice in a process that benefits from and is based on broad trust among society.”  One sign of that trust was the almost complete absence of election observers from any of the participating political parties at the 14 polling stations my team visited in Berlin – all six major parties seemed to be relatively confident that the elections were being administered fairly. While the OSCE PA team was in Germany at the invitation of the German government, and although the public has the right to observe the voting process in Germany, my observation team was denied access to one of the polling stations we had hoped to observe.  That incident was thankfully the exception amongst the 300 polling stations visited by the OSCE PA EOM, but was a reminder that efforts to promote transparency in the conduct of elections must be ongoing, even in countries where the commitment to democratic elections is high. With more than 4,800 candidates running, and numerous strong political parties, Germany’s 61 million voters had a wide range of options to choose from. Women represented slightly less than 30 per cent of candidates, but played a prominent role in leadership positions in parties’ campaigns. “This was the first time we’ve deployed a full observer team to Germany, and the welcome of our mission by all German officials and political parties that we met is a positive signal that the country is ready to pay continued attention to democratic processes,” said EOM Head of Mission Isabel Santos. “Changing political cultures in many countries and new challenges such as cyber attacks mean that we must all dedicate time and effort to preserving democratic systems.”

  • Kyrgyzstan: Prospects for Democratic Change and the Upcoming Presidential Election

    Two weeks before the upcoming presidential elections in Kyrgyzstan—potentially the first peaceful transfer of power under regular circumstances in the region—campaigning is in full swing. On October 15, Kyrgyz citizens will participate in democratic elections, though serious concerns remain.   This briefing was moderated by Helsinki Commission Policy Advisor Everett Price. In his remarks, he positively noted the current president’s decision to respect his constitutionally-determined term limit and hold regularly-scheduled elections for his successor. He cautioned, however, that the country’s weak political institutions and the ruling party’s abuse of administrative resources could undermine the fairness of the vote. He also observed that the disqualification of certain opposition candidates and restrictions on journalists have adversely affected the election climate. Dr. Erica Marat from the National Defense University discussed the political situation on the ground in Kyrgyzstan and reviewed the political background of the two main candidates, Atambayev loyalist Sooronbay Jeenbekov and Kyrgyz billionaire, Ömürbek Babanov. Anthony Bowyer, Senior Program Manager for Europe and Eurasia at the International Foundation for Electoral Systems (IFES), reviewed ongoing electoral monitoring efforts in Kyrgyzstan, underscoring the importance of these elections for the region and U.S. interests therein. Finally, Freedom House representative Marc Behrendt offered his insight on Kyrgyzstan’s enduring interethnic tensions and poor human rights record, offering a sobering reminder of the work that remains to be done in order for the Kyrgyz Republic to become a full-fledged democracy. During the briefing, questions pertaining to Russian influence over the country and its politics, as well as other regional, geo-political considerations were also highlighted as part of a general discussion of Kyrgyzstan’s democratic development and the trajectory of Central Asian politics.

  • Human Rights and Democracy in Russia

    From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM).  The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. The Russian Federation has adopted, by consensus, OSCE commitments relating to human rights and fundamental freedoms, free and fair elections, the rule of law, and independence of the judiciary. However, in many areas the Russian government is failing to live up to its commitments. Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law, Scott Rauland, Senior State Department Advisor, and Michael Newton, Intern

  • Democratic Change in Kyrgyzstan Topic of Upcoming Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: KYRGYZSTAN: PROSPECTS FOR DEMOCRATIC CHANGE AND THE UPCOMING PRESIDENTIAL ELECTION Tuesday, September 26, 2017 10:30 AM Senate Visitors Center (SVC) Room 202 Live Webcast: www.facebook.com/HelsinkiCommission The Kyrgyz people will go to the polls in October in a pivotal election that will determine the country’s next president and the next chapter in its fragile democracy. In contrast to some other leaders in the region who have manipulated term limits to remain in power, current President of Kyrgyzstan Almazbek Atambayev is abiding by his constitutional term limit. However, the vote takes place amid mounting concerns of democratic backsliding, particularly regarding the government’s treatment of political opposition, civil society, and human rights defenders. Additionally, the election marks only the second peaceful transition of power through elections following two revolutions – in 2005 and in 2010. This turbulent history serves as a reminder of the importance of building the popular legitimacy of Kyrgyzstan’s political institutions. The briefing will examine the political dynamics surrounding the vote, the conduct of the election campaign thus far, and broader human rights issues in Kyrgyzstan. The following experts are scheduled to participate: Marc Behrendt, Director for Europe and Eurasia Programs, Freedom House Anthony Bowyer, Caucasus and Central Asia Senior Program Manager, International Foundation for Electoral Systems (IFES) Dr. Erica Marat, Associate Professor, College of International Security Affairs, National Defense University

  • The Scourge of Russian Disinformation

    Russian disinformation is a grave transnational threat, facilitating unacceptable aggression by Russia both at home and across the 57-nation OSCE region. Russian disinformation helps support rampant violations of OSCE norms by the Putin regime, ranging from internal human rights abuses to military intervention in neighboring states to interference in elections in several countries. On Thursday, September 14, 2017, the U.S. Helsinki Commission held a hearing on Russian disinformation in the OSCE region. Sen. Cory Gardner (CO) presided over the hearing on behalf of Commission Chairman Sen. Robert Wicker (MS). Witnesses included Mr. John F. Lansing, CEO and Director of the Broadcasting Board of Governors; Ms. Molly McKew, CEO of Fianna Strategies; and Ms. Melissa Hooper, Director of Human Rights and Civil Society Programs at Human Rights First. In his opening statement, Sen. Gardner described the serious threat that Russian disinformation poses to the liberal international order, and underscored “how it undermines the security and human rights of people in the OSCE region.” Russia’s goal, he said, is “to sow fear, discord, and paralysis that undermines democratic institutions and weakens critical Western alliances such as NATO and the EU.” Ranking Member Sen. Ben Cardin (MD) highlighted the impact of Russian disinformation campaigns in Ukraine in conjunction with the recent invasions of Crimea and the Donbas. He also noted the extent of Russian efforts to influence the 2016 presidential election in the United States, and observed that such disinformation campaigns take advantage of our democratic institutions to advance Russia’s strategic agenda. Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04) characterized Russia’s disinformation efforts as a part of a strategy of “hybrid war,” and emphasized the need for the United States and its allies to develop counter-disinformation strategies as part of a “hybrid defense.” Mr. Lansing, the first witness to testify, outlined the structure and scope of the BBG’s broadcasting operations, and the role it plays in countering disinformation abroad. “The Russian strategy seeks to destroy the very idea of an objective, verifiable set of facts,” he said. “The BBG is adapting to meet this challenge head on by offering audiences an alternative to Russian disinformation in the form of objective, independent, and professional news and information.” He also described the BBG’s recent expansion of programming in the Post-Soviet space, and its flagship Russian-language program "Current Time," launched in February 2017. In her testimony, Ms. McKew described Russia’s disinformation campaign as “the core component of a war being waged by the Russian state against the West, and against the United States in particular.” She noted, “These manipulations don’t create tendencies or traits in our societies.  They elevate, exploit, and distort divides and grievances that already are present.” She also emphasized the need for a coordinated response from the United States Government and its allies, and proposed an increased role for the U.S. military in countering disinformation. Ms. Hooper reminded the Commission that, while Russian disinformation has taken center stage in recent U.S. policy debates, it is only one of many methods employed by the Russian government to advance its agenda. “It’s part of a coordinated effort to disrupt and attack liberal norms wherever the opportunity arises using economic influence, electoral disruption, [and] the weakening of multilateral institutions,” she said. She also discussed the upcoming German parliamentary elections, and the potential for disinformation to influence its outcome. She commended the German government’s efforts to warn the public about disinformation, but criticized recent legislation that would increase censorship on social media. In response to a question from Sen. Gardner, Ms. Hooper noted that countering disinformation requires more than fact-checking false claims, and emphasized the need for a strategy of proactive narrative communication. Rep. Gwen Moore (WI-04) concurred with Ms. McKew’s statement that, in order to combat the threat of Russian disinformation, it is necessary for the Administration and Congress to come to a consensus on the existence of Russian meddling in the 2016 campaign. Sen. Sheldon Whitehouse (RI) inquired about the potential for Russian influence in upcoming elections by means of anonymous campaign spending, and about the role that the international banking system plays in sustaining corruption in Russia and neighboring states. Rep. Smith and Sen. Jeanne Shaheen (NH) sought the witnesses’ opinions on the recent news that Russian state-owned networks RT and Sputnik are being investigated for possible violations of the Foreign Agents Registration Act (FARA). Ms. McKew spoke in favor of stricter enforcement of FARA, while Mr. Lansing responded that he has concerns about retaliatory restrictions on U.S.-funded media in Russia. “I believe that this disinformation is one of the biggest threats that our democracy faces today,” said Sen. Shaheen. “This is a threat to the foundations of American democracy. It has nothing to do with Republicans and Democrats.”

  • Democratic Elections in the OSCE Region

    From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM).  The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. In the 1990 Copenhagen Document, the OSCE participating States adopted, by consensus, watershed commitments on free and fair elections. They stated that the participating States: “. . . solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings are the following: [ . . . ] — free elections that will be held at reasonable intervals by secret ballot or by equivalent free voting procedure, under conditions which ensure in practice the free expression of the opinion of the electors in the choice of their representatives; [ . . . ] — a clear separation between the State and political parties; in particular, political parties will not be merged with the State;”  Accordingly, the participating States rejected the concept of a one-party state or “modified” democracy (e.g., communist- or socialist-democracy).  In a summit held later that year, the OSCE Heads of State or Government declared, “We undertake to build, consolidate and strengthen democracy as the only system of government of our nations.” In spite of the OSCE commitment to hold free and fair elections, some OSCE participating States have demonstrated even more resistance—if not complete unwillingness—to hold free and fair elections. In a few, a transfer of power is more likely to be the result of death than an election.  In some cases, a generation has come of age under a single ruler or ruling family. Download the full report to learn more. Download highlights of conclusions and recommendations drawn from OSCE election reports (October 2016 to September 2017). Contributors: Robert Hand, Senior Policy Advisor, Janice Helwig, Representative of the Helsinki Commission to the U.S. Mission to the OSCE, Everett Price, Senior Policy Advisor, Scott Rauland, Senior State Department Advisor, Erika Schlager, Counsel for International Law, and John Engelken, Intern

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