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OSCE 2010 Informal Ministerial: Kazakhstan Persistence Earns a Summit in Astana
Monday, November 01, 2010

By Winsome Packer
Policy Advisor

Kazakhstan hosted its long-sought OSCE Informal Ministerial in Almaty July 16-17, 2010, the realization of a key aim of its Chairmanship. A second important objective of the Kazakh Chairmanship: a summit on Kazakh soil during 2010, came closer to realization during the meeting. An Astana Summit would be the OSCE’s first since the 1999 Istanbul Summit, which yielded the Adapted Conventional Armed Forces Treaty.

Early and persistent calls for “substance before summit” by the U.S. Delegation and other participating States had put in doubt both the informal ministerial and the summit for months. However, a number of the participating States argued for the high level attention to wide-spread security challenges in the OSCE region and the erosion of OSCE values in some quarters. Ten years after the last OSCE summit, they argued, necessitated a meeting of heads of states and governments to reaffirm the participating States’ commitment to the organization’s values and agree on a way forward to tackle the challenges confronting the region today.

Thus, six months of, at times, heated informal Corfu dialogue on security challenges in the OSCE region, which was mandated by the Athens Ministerial Declaration, yielded more than 50 “food for thought” papers from the participating States, the Parliamentary Assembly, the OSCE Secretariat, the Partners for Cooperation, think tanks and non-governmental organizations. The thematic papers evolved into an Interim Report during June, which incorporated the proposals submitted within the Corfu Process. It formed the basis for the agenda at the Almaty Informal Ministerial and for the Summit which will be held in Astana December 1-2, 2010.

The Almaty Informal Ministerial saw the participation of more than forty foreign ministers, including from the Russian Federation, France, Germany, Canada, Spain, Portugal, Poland, Georgia, Turkey, Austria, and Ukraine. The Parliamentary Assembly’s delegation included President Petros Efthymiou, and Secretary General Spencer Oliver. The U.S. delegation was headed by Deputy Secretary of State James Steinberg who, in a bilateral meeting with the Kazakhstanis on July 16, affirmed U.S. support for an OSCE summit this year.

The joining of consensus on the summit decision by the United States elicited private expressions of relief from many delegates, and heightened expectations for the summit which would reflect the outcome of the Corfu Process: a declaration and an action plan. The Chair-in-Office requested that the OSCE delegations work toward these aims throughout the summer.

During the meeting, delegates voiced support for the summit, to be held in Astana. A majority of the participating States urged OSCE support for Kyrgyzstan, in particular, through the deployment of a police mission.

The United States and many delegates stated that the substance of the summit should be based upon the four proposals put forward by the European Union to:

(1) bolster the OSCE’s capabilities in all three dimensions to promote early warning, conflict prevention and resolution, crisis management and post-conflict rehabilitation, including in relation to the protracted conflicts;

(2) strengthen implementation and follow-up of OSCE norms, principles and commitments in particular, human dimension commitments covering human rights and fundamental freedoms, including freedom of the media;

(3) enhance the conventional arms control framework, including confidence and security building measures, through updating the 1999 Vienna Document and the Conventional Forces in Europe Treaty); and

(4) increase attention to transnational threats in all three OSCE dimensions.

Some delegates also called for a summit to: focus on instability in Afghanistan; intensify efforts to resolve protracted conflicts in the region, and address nuclear terrorism and the proliferation of nuclear and weapons of mass destruction.

The United States called for greater military transparency, implementation of human dimension commitments and addressing inter-ethnic conflict in Kyrgyzstan. The U.S. delegation also expressed support for the expeditous deployment of a police force to Kyrgyzstan and for an action plan for the future work of the participating States. In addition to supporting the European Union’s four summit process proposals, the United States also expressed support for a focus on Afghanistan. A Chair’s Perception Paper, resulting from the informal ministerial, incorporated these concerns.

Russian Foreign Minister Sergei Lavrov reiterated Russia’s support for the summit “this year.” He urged the involvement of other regional and sub-regional leaders in addressing the Kyrgyzstan situation. He expressed hope that action would be taken on Russia’s proposal for a European Security Treaty (EST) and that it would not merely remain a “subject for discussion.”

Lavrov said that the summit document should reflect the post Cold War situation and the security system that emerges should be “free of dividing lines.” He said that Russia was studying NATO’s response to the EST proposal and underlined that the summit should give strong, political impetus for supporting Kyrgyzstan.

Concurrent with the Informal Ministerial, draft decisions on the holding of an OSCE summit during 2010 and draft decisions on the agenda and modalities of the summit and agenda and modalities for a review conference were circulated. The review conference would be held in Vienna, Warsaw, and Astana. Negotiations on the draft decisions began on July 19.

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

  • AI, UAVS, Hypersonics, and Autonomous Systems

    If you reach a login page when attempting to view the video, please hit the "back" button and try the link again. On January 22, 2019, the Helsinki Commission held a field hearing on the development of emerging technologies and transatlantic security at the University of Texas at Arlington. Helsinki Commissioner Rep. Marc Veasey (TX-33) convened the hearing, where two additional members of Congress and expert witnesses discussed the policy, legal, and ethical implications of rapidly changing defense developments. “New threats that we are concerned with range from hypersonic weapons to drones to autonomous weapons platforms, artificial intelligence, directed energy and others,” Rep. Veasey said. “These technologies have the potential to unlock some very important capabilities in the defense of our homeland and support our allies and friends abroad. However, these same technologies [are] under development from some of our strategic competitors, Russia chief among them.” Alongside Rep. Veasey, Rep. Colin Allred (TX-33) and Rep. Ron Wright (TX-06) were joined by Executive Director at the Clements Center for National Security William Inboden, Congressional Research Service Advanced Technology and Global Security Analyst Kelley Sayler, and Southern Methodist University Criminal Clinic Director Chris Jenks to discuss the potential for these technologies to threaten security and home and abroad. Rep. Allred, who serves on the House Foreign Affairs Committee, stressed the importance of considering the legal and ethical dilemmas that the development of new technologies present to the United States. Rep. Allred hoped that the U.S. can strike a balance between maintaining security readiness and American values. “Obviously we are in a moment in which there is conflict popping up around the world and we have a complicated threat stream that we are trying to look to,” Rep. Allred said. “But as we turn to the great power competition as we have seen emerging now as the focus of our own foreign policy and of our own strategic opponents, I think it is important that we look at these emerging technologies and how this is going to impact it.” Sayler provided an overview of three major emerging technologies: artificial intelligence, lethal autonomous weapons, and hypersonics. She discussed the potential capabilities of all three technologies; their current state of development in the United States, China, and Russia; and the role of international and regional institutions in governing their use. Sayler also offered predictions for how technology will shape future wars between states, including accelerating the pace of conflict, replacing humans with AI, and shifting the offensive-defensive balance. Inboden elaborated on the idea of hybrid warfare and shifting strategies with the example of the 2007 cyberattack on Estonia by Russia, which shut down the country’s banking system, media, hospitals, and government. “From our vantage point 13 years later, I think we should look back on Russia’s cyber attack on Estonia and see it for what it was: the first wave in what would become a cascade of Russian aggression and hybrid warfare,” Inboden said. Inboden further illustrated the changing nature of conflict by highlighting Russia’s annexation of Crimea and interference in the 2016 election. He also noted that Russia is the OSCE participating State most involved in researching, developing, and employing emerging weapons systems. Inboden’s recommendations moving forward included combining “strength with diplomacy” and continuing the development of emerging technologies within the United States and other OSCE democracies. The final witness to testify, Jenks urged the U.S. Congress to direct change within the military to increase understanding of how to set boundaries on scientific development and military operation conduct in the future. Jenks also pointed out that while moral panic might accompany the idea of using new technology on the battlefield, these capabilities may also serve to better protect servicemembers. “In my view there can be no question that the U.S. and our European allies must continue to leverage emerging technologies and weapons systems – we would be derelict in our duties if we didn’t,” Jenks said. “But we need to halt the demonization of technologization in the context of weapons.” The members of Congress asked the experts about the potential threat of new technology to advance great power conflict, the ethical and human rights considerations when discussing the implications of efficient technology, and how to use diplomacy to negotiate with strategic adversaries. “These topics and many others that are discussed are really now, more than ever, need to be something that the American public takes a closer look at,” Rep. Veasey said.

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

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

  • An Assessment of the Open Skies Treaty

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

  • Helsinki Commission Field Hearing in Dallas to Examine Impact of Technological Change on Transatlantic Security

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced a field hearing to be held in Dallas, TX to examine the nature and impact of accelerating technological change on transatlantic security, as well as the potential for international engagement to manage the instability these changes may generate. AI, UAVS, HYPERSONICS, AND AUTONOMOUS SYSTEMS Emerging Technologies and Euro-Atlantic Security A Field Hearing of the United States Commission on Security and Cooperation in Europe Wednesday, January 22, 2020 9:00 a.m. University of Texas at Arlington Nedderman Hall 416 Yates Street Arlington, TX Watch Live: https://echo360.org/section/7af7e67d-bd70-484e-abf6-05d1371df674/home The rapid development of new technologies with defense applications will have far-reaching impact on U.S. security and that of its Allies and partners in the years to come. Ranging from lethal autonomous weapons and hypersonic weapons to artificial intelligence, these technologies, among others, present both opportunities and potential threats as they shape the future of warfare. Convened by Helsinki Commissioner Rep. Marc Veasey (TX-33), the hearing will take advantage of the strong defense industrial base in the Dallas / Fort Worth region, and the area’s unique confluence of policy and academic subject matter expertise. Expert witnesses will discuss issues including the impact of emerging technologies on transatlantic security; technological advances by the United States’ strategic competitors and to what extent U.S. policy and technological development is keeping pace; legal and ethical considerations inherent in defense technological development; and the role of existing arms control and confidence building measures in an era of rapidly evolving defense technology. Witnesses scheduled to participate include: William Inboden, Executive Director at the Clements Center for National Security and Associate Professor at the LBJ School, University of Texas-Austin Kelley M. Sayler, Analyst in Advanced Technology and Global Security, U.S. Congressional Research Service Chris Jenks, Director of the Criminal Clinic and Associate Professor of Law, Southern Methodist University Witnesses may be added. Members of the media must register in advance to attend this hearing by e-mailing Emily.Druckman@mail.house.gov.  

  • Chairman Hastings Urges Ukraine to Grant Akhmetova Political Asylum

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

  • Mongolia: The OSCE’s Newest Participating State

    Mongolia became an Organization for Security and Cooperation in Europe (OSCE) participating State in 2012, the most recent country to freely undertake all OSCE commitments. Previously, Mongolia—like Australia, several countries in Asia, and a number of Mediterranean nations— had been an OSCE Partner for Cooperation, states in formal dialogue with the OSCE, though not taking on OSCE commitments. This transition—from partner to full-fledged participant—is the first time such a transition had been made, and marks the first ever enlargement of the OSCE region. It signaled the strong commitment of Mongolia to the values articulated in the Helsinki Final Act. Recently, Helsinki Commission staff visited Mongolia to meet with interlocutors in government, civil society, and the private sector. The delegation found entrepreneurial partners committed to democratic values and fundamental freedoms. This was particularly impressive given that the country is located between Russia and China—large authoritarian powers known for their use of economic and other forms of coercion to achieve foreign policy goals. However, Mongolia also faces emerging challenges regarding public corruption and the rule of law. While Mongolia remains the sole strong democracy in the region, recent developments and trends may threaten its democratic achievements and its potential to be a model for other nations in the region. The OSCE is based on an idea of comprehensive security: the concept that military security, economic security, and human security must all be considered when engaging in international relations. Mongolia can be analyzed through a similar lens, with its military situation, economic situation and human rights situation all informing policy toward the country. First Dimension: Political-Military Affairs Mongolia is in the quintessential bad neighborhood. No two countries have acted as aggressively toward their neighbors Russia and China. Russia currently is in violation of all ten Helsinki principles as a result of its occupation of Crimea and continuing destabilization of Eastern Ukraine. Luckily, neither of Mongolia’s neighbors has yet opted to invade the country. Historically, Russia has acted as guarantor of Mongolia’s sovereignty against China, the much more likely candidate of the two to pose an immediate security threat. However, recently Russia has increased its cooperation with China, as demonstrated by a recent Russia-China joint military exercise. While Mongolia continues to purchase arms from Russia, this new trend of Russian-Chinese cooperation poses the most important threat to Mongolian security. Already, Mongolia has been pressured to join the Shanghai Cooperation Organization (SCO), a China-centric political alliance—to which Russia also belongs—based on authoritarianism and dedicated to the eradication of the so-called three evils of terrorism, extremism, and separatism. However, there are also reasons to doubt the future of Russia-China cooperation. Mongolian national security experts seem certain that the scope of cooperation has a low ceiling and that much of the collaboration—like the recent military exercise—is just for show. These experts argue that Russia has no desire to subordinate itself to Chinese interests in the long-term, which it would be required to do to enhance cooperation; China is the much stronger partner. Second Dimension: Economic & Environmental Issues While a military invasion of Mongolia by China remains unlikely, China has found other ways to exert its influence in the country, largely through economic coercion. China’s economic weight and importance as a market for Mongolia—a commodity-based economy heavily reliant on its much larger neighbor—means that China can dictate terms on contracts and agreements. It can also leverage this economic power for political purposes as it famously did when it closed a key China-Mongolia border crossing for truckers after the Dalai Lama visited Ulaanbaatar. As a result, Mongolian policymakers have begun to search for new markets, products, and opportunities that could diversify their economy. One key product is cashmere. Currently, most cashmere exports to the United States originate from China, which, thanks to its enormous market, largely determines the global price of cashmere. This enables China to purchase Mongolian cashmere cheaply and prevent it from posing a challenge to the Chinese cashmere industry. The Mongolia Third Neighbor Trade Act (H.R. 2219 and S. 1188) currently being considered by the U.S. Congress would remove U.S. tariffs on Mongolian cashmere goods and increase the demand for raw cashmere within Mongolia, empowering domestic producers and eroding China’s quasi-monopolistic control of the market. In doing so, the Third Neighbor Trade Act would help to diversify Mongolia’s economy and make it more resilient against its large, aggressive neighbor to the south. It would also serve to empower women in the country, who are employed disproportionately to men in cashmere factories. However, sustainability remains a problem. The goats from which cashmere is derived feed on grass in a destructive way, pulling out root and stem. This can lead to the desertification of the environment. As demand for cashmere increases and nomads enhance their herds with additional goats, one can expect this tragedy of the commons to become worse. Though producers of cashmere goods within Mongolia have attempted to build sustainability into their business models, the U.S. Congress may wish to consider this aspect of the business to prevent any unintended environmental consequences of increased demand for Mongolian cashmere. Corruption Mongolia is currently struggling to address an ongoing public corruption problem, in part through the Independent Agency Against Corruption, an independent investigative law enforcement agency designed to fight graft. Still, reporting shows that bribery and abuse of public office remain a problem in the country and one that should be of concern as an OSCE participating State. Mongolia was recently added to the grey list kept by the Financial Action Taskforce (FATF). The FATF is the premier international governing, rulemaking, and peer evaluation body for financial conduct. Its most potent tool is the FATF black list, which identifies countries that do not comply with its list of international financial standards designed to prevent threat financing and money laundering. The price of landing on this black list is immense—banks will not do business with blacklisted countries, or entities located within them, leading to enormous losses in potential revenue. The grey list serves as the warning list prior to inclusion on the black list. Though grand corruption may have gotten in the way of completing the necessary reforms to avoid a designation on the FATF grey list, in Mongolia’s case, it appears that the problem may be primarily one of capacity. Mongolia has never had to establish the anti-money laundering framework of a more developed country and lacks the training and expertise to bring itself in compliance. The U.S. Department of the Treasury is already providing assistance to Mongolia to build robust anti-money laundering systems that will get it off the grey list. An OSCE field mission could also assist with these and other capacity problems; however, all participating States must agree to allow Mongolia to host such a mission. Russia continues to block this move. Rule of Law While lack of capacity explains many of Mongolia’s compliance problems, signs indicate that certain powerful political players are seeking to roll back rule of law safeguards in the country. Recently, a law was passed enabling the National Security Council of Mongolia—a small body consisting of the President, the Prime Minister, and the Speaker—to dismiss judges due to claims of corruption. While the council argues that reform necessary to take down corrupt judges who would otherwise be defended by the patrons they serve, it is not hard to imagine how this power could abused. At least 17 judges have been dismissed in this fashion. The National Security Council claims that this power will no longer be necessary once they have completed reforms that should weed corruption out of the judiciary. This reform includes new bodies to both select and discipline judges. Third Dimension: Human Rights and Humanitarian Issues Media Consolidation Media consolidation is a growing problem for journalism in Mongolia. The major media outlets of the country are owned by a handful of individuals who use this ownership to further their political agendas. As a result, journalists are at risk of self-censorship or even pushed to promote stories that further the political narratives of the media tycoons. Media consolidation breeds a problematic information environment in Mongolia and contributes to a lack of opinion diversity. Closing Space for Civil Society Mongolia also seems threatened by the potential for the ruling elite to close the space for the operation of civil society. A draft law proposes creating a public fund that would serve as the exclusive funding source for all civil society operations. This would mean that civil society would be forced to comply with the conditions put on this fund or cease to exist. While this approach is not yet law, interlocutors warned that the next election will be one to watch and could lead to the consolidation of power should certain elements be victorious. Conclusion Mongolia is a country with great potential to contribute to the Helsinki Process if it is empowered to do so. By joining the organization in 2012, it proved that the OSCE could grow. Now, it seeks to demonstrate its leadership once again by receiving an OSCE field mission at a time when many of its neighbors are trying to close theirs—like Kazakhstan—or have successfully closed theirs—like Azerbaijan. With the right combination of ambition and caution, Mongolia could lead the way to a future of democracy in the steppe. However, there are warning signs that Mongolia could be heading in the wrong direction. The United States should do everything in its power to prevent this—both via diplomatic engagement and economic assistance. The clearest way for Congress to do this is through the passage of the Third Neighbor Trade Act. The OSCE too should focus its efforts on Mongolia as a far-flung state with immense potential. Mongolians could take up leadership positions in its institutions, potentially even serving as a Chair-in-Office in the near future. By becoming more visible in the organization itself, Mongolia can build its profile as a leader and the OSCE can take advantage of its expertise in preserving democracy in a hard neighborhood.

  • Senators Cardin and Wicker Introduce Countering Russian and Other Overseas Kleptocracy (CROOK) Act

    WASHINGTON—Helsinki Commission Ranking Member Sen. Ben Cardin (MD) and Co-Chairman Sen. Roger Wicker (MS) today introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act (S. 3026). The CROOK Act would establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries as well as streamline the U.S. Government’s work building the rule of law abroad. On July 18, 2019, Rep. Bill Keating (MA-10) and Helsinki Commissioner Rep. Brian Fitzpatrick (PA-01) introduced a similar bill in the U.S House of Representatives. “Corruption has become the primary tool of authoritarian foreign policy,” said Sen. Cardin. “Reprehensible regimes steal the livelihoods of their own people and then use that dirty money to destabilize other countries. No leader deploys this strategy more blatantly and destructively than Vladimir Putin, who has devastated the Russian economy and the lives of ordinary Russians to advance his own interests.” “This bill would bolster the legal and financial defenses of U.S. allies against the influence of Russia, China, Venezuela, and other authoritarian regimes,” said Sen. Wicker. “By working together, we can close off opportunities for corrupt actors to undermine democracy around the world.” The anti-corruption action fund established in the legislation would assist countries where U.S. assistance could significantly increase the chances of successfully transitioning to democracy, combating corruption, and establishing the rule of law, such as Ukraine in 2014, Ethiopia after the election of a new Prime Minister who instituted important reforms in 2018, or Armenia after the December 2018 parliamentary election. This no-year fund would establish a mechanism to allocate aid and take advantage of ripened political will more quickly. The monies for this fund would derive from a $5 million surcharge to individual companies and entities that incur Foreign Corrupt Practices Act (FCPA) criminal fines and penalties above $50 million. The legislation would also establish several complementary mechanisms to generate a whole-of-government approach to U.S. efforts to strengthen the rule of law abroad. These include an interagency taskforce; the designation of embassy anti-corruption points of contact to liaise with the task force; reporting requirements designed to combat corruption, kleptocracy, and illegal finance; and a consolidated online platform for easy access to anti-corruption reports and materials. The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, endeavors to counter corruption and malign influence in all its forms. Helsinki Commissioners have sponsored and cosponsored other anti-corruption legislation such as the Kleptocrat Exposure Act (H.R. 3441), the Foreign Extortion Prevention Act (H.R. 4140), the Transnational Repression Accountability and Prevention Act (H.R. 4330/S. 2483), and the Rodchenkov Anti-Doping Act (H.R. 835/S. 259).

  • Albania's Leadership in Europe

    Each year, one participating State of the Organization for Security and Cooperation in Europe (OSCE) is selected by the others to chair the 57-member organization. Since the role of OSCE “Chair-in-Office” was inaugurated in 1991, the organization has responded to numerous conflicts and crises in the Western Balkans. As the holder of the 2020 Chairmanship, Albania now seeks make its own contribution to security and cooperation in Europe as a whole. However, leading an organization that requires consensus-based decision-making is a difficult task, especially as the OSCE confronts significant security, economic, human rights, and democratic challenges including Russia’s aggression, ongoing regional conflicts, resistance to democratic reforms, and serious democratic backsliding in some OSCE countries. Taking place less than a week after the 2019 OSCE Ministerial in Bratislava, the culmination of the 2019 Slovak chairmanship, this Helsinki Commission briefing took a close look at Albania’s interest in chairing the OSCE and how that task may impact Albania in 2020. The panelists, each a member of Albania’s delegation to the OSCE Parliamentary Assembly (OSCE PA), provided a parliamentary perspective ahead of a hearing in early 2020 that will feature the Chair-in-Office and focus more specifically on the priorities and objectives of the Albanian chairmanship.       

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