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.
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.
Decoding the OSCE
The Organization for Security and Cooperation in Europe (OSCE) is the world’s largest regional security organization with 57 participating States representing more than a billion people. Its origins trace back to the 1975 Helsinki Final Act, which contains a broad range of measures focused on politico-military, economic and environmental, and human aspects designed to enhance comprehensive security and cooperation in the region, and the decades of multilateral diplomacy that followed. The OSCE operates coordinated efforts, adapted to the needs of each participating State, to protect democracy, promote peace, and manage conflict. The organization focuses on creating sustainable change through shared values, and decisions are taken by consensus. Learn more about the OSCE’s operations and institutions below. The Helsinki Process and the OSCE: On August 1, 1975, the leaders of the original 35 OSCE participating States gathered in Helsinki and signed the Final Act of the Conference on Security and Cooperation in Europe. Also known as the Helsinki Accords, the Helsinki Final Act is not a treaty, but rather a politically binding agreement consisting of three main sections informally known as "baskets," adopted on the basis of consensus. The Security Dimension The Economic Dimension The Human Dimension Four Decades of the Helsinki Process: The gatherings following the Final Act became known as the Helsinki Process. The process became a diplomatic front line in the Cold War and a cost-effective diplomatic tool to respond to the new challenges facing Europe during the post-Cold War era. Since its inception over forty years ago, the Helsinki Process and the OSCE continue to provide added value to multilateral efforts enhancing security and cooperation in Europe. OSCE Institutions, Structures, and Meetings: The OSCE sets standards in fields including military security, economic and environmental cooperation, and human rights and humanitarian concerns. The OSCE also undertakes a variety of preventive diplomacy initiatives designed to prevent, manage and resolve conflict within and among the participating States. The Consensus Rule: The OSCE operates using a consensus decision-making process. Consensus fosters ownership of decisions by all OSCE participating States, enables them to protect key national priorities, and creates an important incentive for countries to participate in the OSCE. It also strengthens the politically binding nature of OSCE commitments. The Moscow Mechanism: The OSCE’s Moscow Mechanism allows for the establishment of a short-term fact-finding mission to address a specific human rights concern in the OSCE region. OSCE Election Observation: Election observation is one of the most transparent and methodical ways to encourage States’ commitment to democratic standards and has become a core element of the OSCE’s efforts to promote human rights, democracy, and the rule of law. Parliamentary Diplomacy of the OSCE: The OSCE Parliamentary Assembly (PA) offers opportunities for engagement among parliamentarians from OSCE participating States. The OSCE PA debates current issues related to OSCE commitments; develops and promotes tools to prevent and resolve conflicts; supports democratic development in participating States; and encourages national governments to take full advantage of OSCE capabilities. Non-Governmental Participation in the OSCE: One of the advantages of the OSCE is that it is the only international organization in which NGOs are allowed to participate in human dimension meetings on an equal basis with participating States. NGOs—no matter how small—can raise their concerns directly with governments.
By Allison Hollabaugh,
As part of its broad mandate to combat trafficking in human beings, the OSCE Office on Democratic Institutions and Human Rights (ODIHR) brought together 100 representatives of participating States, international organizations, and civil society to discuss “Rights of the Child: Children in Situations of Risk” at the annual OSCE Human Dimension Seminar in Warsaw, Poland, on October 11-12, 2017.
Opened by Ambassador Christian Strohal, Special Representative for the OSCE 2017 Austrian Chairmanship; Jacek Czaputowicz, Undersecretary of State, Ministry of Foreign Affairs, Poland; and Ingibjörg Sólrún Gísladóttir, Director of ODIHR/OSCE, the seminar examined threats to children from incarceration and from human trafficking, as well as solutions.
Deprivation of Liberty
Speakers addressed common myths surrounding the incarceration or detention of children using the totality of research on actual impact, and suggested means of mitigating harm.
Panelists agreed that detention should be the option of last resort and be for the least amount of time possible in order to avoid the well-documented negative effects on children.
Drawing on research, Ms. Michaela Bauer, the UNICEF Regional Partnership Manager, highlighted that detention does not in fact benefit the child but causes educational deficits, low social skills, and disrupted family ties—setting the child up for future failures and insecurity.
Ms. Bauer explained that deprivation of liberty is too often based on incorrect determinations that a child is a threat to themselves or to society. She cautioned that detention is often 80 percent more expensive than alternate means, such as custodial family care. She also addressed the myth that detention keeps the child from absconding, explaining that it is the fear of detention that makes children abscond.
Mr. Azamat Shambilov, Regional Director of Penal Reform International’s office in Central Asia, underscored that detention creates isolation, marginalization, and life-long stigmatization of children. For instance, an educational diploma from a prison will haunt the child for life.
In addition, a child isolated in an institution from the love and support of family may suffer feelings of rejection. Such children emerge from detention and seek out other children who have similarly suffered, and thus often find themselves in trouble again. Mr. Shambilov suggested seeing the children as victims in need of care rather than criminals to be punished as, very often, the children who commit crimes have themselves been victims of crime.
Ms. Roza Akylbekova, Deputy Director, Kazakhstan International Bureau of Human Rights and Rule of Law, highlighted the importance of keeping the child connected to family. If a child must be institutionalized, it is critical to ensure that the institution is close to family who can visit the child. A better alternative would be non-custodial sentences for crimes committed by children—in which case the child would live at home with his or her family for the duration of the sentence.
Human Trafficking of Children
At the conference, Commission on Security and Cooperation in Europe staff, accompanied by Italian trafficking survivor and activist Cheyenne de Vecchis and Dr. Maia Rusakova, Co-founder and Director of the Regional Non-Governmental Organization of Social Projects in the Sphere of Populations’ Well-being in Russia, presented practical steps to limit the risks of internet misuse for the trafficking of children.
Citing a growing body of research in the OSCE region on the links between children’s unrestricted access to pornography on the Internet and experience or perpetration of sexual exploitation, Commission staff encouraged participating States to consider working with the private sector to institute age verification technology for all access to online pornography, such as the system currently being implemented in the UK.
Turning to the issue of children advertised online for sexual exploitation, Commission staff shared new technology developed by the U.S. non-governmental organization, THORN. This technology saves law enforcement thousands of hours by intelligently filtering the thousands of new photos, phone numbers, emojis, gibberish, and acronyms on adult-services classified-ad websites each day—collating for law enforcement attention the advertisements that have indicators of human trafficking.
The Spotlight tool connects overlapping information for law enforcement, showing officers other cities in which a victim has been previously advertised and other information that can help officers investigate. The Spotlight tool also provides a way for law enforcement in other jurisdictions to mark whether they are working on the leads, and who to contact for collaboration—innovations saving thousands of hours of work, dead ends, and duplicated efforts.
In just the last three years, more than 6,300 trafficking victims have been identified in the United States with the Spotlight tool—nearly 2,000 of whom were children. More than 2,000 traffickers were also identified. While primarily developed in and for North America, the Spotlight tool could be easily adapted for other OSCE participating States.
ODIHR’s Anti-Trafficking Mandate
ODIHR enjoys a robust mandate embodied in multiple ministerial decisions and the 2003 OSCE Action Plan to Combat Trafficking in Human Beings (as well as its Addendum in 2013) to combat human trafficking in the OSCE region, and has a full-time staff person specifically to carry out ODIHR’s anti-trafficking mandate.
For instance, ODIHR is tasked by the 2003 Action Plan with promoting the cooperation of law enforcement and civil society to combat human trafficking. The 2003 Action Plan also calls on ODIHR to work with the OSCE Strategic Police Matters Unit (SPMU) on anti-trafficking training materials for law enforcement. In addition, ODIHR has a mandate to offer legislative input to participating States, including on the development of National Anti-Trafficking Plans of Action.
While the 2014 regular budget shortfalls saw the loss of three members of ODIHR’s anti-trafficking staff, one full-time position was restored in 2015. ODIHR is now fully re-engaged on executing its mandate in the region, in coordination with the OSCE Special Representative and Coordinator for Combatting Trafficking in Human Beings.
ODIHR is currently updating the National Referral Mechanism Handbook, which it originally created in 2004 to guide participating States on the development of coordination frameworks for state agencies and best practices to, along with civil society partners, ensure proper care of trafficking victims.
In 2017, ODIHR staff members have visited Croatia, Georgia, the UK, and Poland to identify gaps and best practices for national referral mechanisms. In addition, ODIHR is working in Central Asia and Mongolia to increase identification of trafficking victims and streamline aid to victims, as well as to strengthen coordination between state actors and civil society. Finally, ODIHR is working with the Strategic Policy Matters Unit in the Mediterranean region to offer participating States technical assistance for combatting human trafficking in mixed migration flows.