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The OSCE 2011 Human Dimension Implementation Meeting
Monday, December 26, 2011

By Erika B. Schlager, Counsel for International Law

Overview

From September 26 to October 7, 2011, the OSCE participating States met in Warsaw, Poland, for the annual Human Dimension Implementation Meeting (HDIM). The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights, according to an agenda approved by consensus of all 56 participating States.

The HDIM is Europe’s largest annual human rights gathering and provides a venue for participating States and non-governmental organizations (NGOs) to review the implementation of the full range of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda.

In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. In 2011, those subjects were: 1) “Democratic elections and electoral observation,” 2) “Freedom of movement,” and 3) “Enhancing implementation of OSCE commitments regarding Roma and Sinti.”

U.S. Delegation

The U.S. Delegation was headed by Ambassador David Johnson. Other members of the delegation included Ambassador Ian Kelly, Head of the U.S. Mission to the OSCE; Ambassador Cynthia Efird, Senior State Department Advisor to the Helsinki Commission; Ambassador Suzan Johnson Cook, Ambassador-at-Large for International Religious Freedom; and Deputy Assistant Secretary of State for the Bureau of Democracy, Human Rights, and Labor Thomas Melia. Helsinki Commission staff participated in all aspects of the delegation’s work.

Patrick Merloe, National Democratic Institute, Kathleen Newland, Migration Policy Institute, and Ethel Brooks, Rutgers University, served as Public Members of the delegation, addressing democratic elections, freedom of movement, and the situation of Romani people in the OSCE region respectively. Public Members have traditionally been included in U.S. delegations to OSCE human dimension meetings as a means of bringing special expertise to the U.S. delegations and to promote greater knowledge of the OSCE process in civil society.

Highlights of This Year’s Meeting

The severe crackdown in Belarus which followed elections last December was a focus of attention throughout the two-week meeting, both in formal sessions and special side events. During the final session, the United States delivered a statement focused on the use of the Moscow Mechanism regarding Belarus -- an OSCE tool used in exceptional circumstances to conduct fact-finding regarding extreme human rights concerns. The mechanism had been invoked in April by 14 participating States and a report was presented to the OSCE Permanent Council by the Mechanism Rapporteur, Professor Emmanuel Decaux, on May 28. NGOs also demonstrated throughout the meeting on behalf of Belarusian political prisoner Alex Bielatskiy.

The United States also raised issues which remain unresolved following the 2003 invocation of the Moscow Mechanism regarding Turkmenistan. In particular, Ambassador Johnson drew attention to the continued disappearance of Ambassador Batyr Berdiev, the former representative of Turkmenistan to the OSCE. Although Turkmenistan officials did not to participate in the HDIM, human rights groups concerned with Turkmenistan were present and members of the opposition-in-exile made a statement expressing their willingness to return to Turkmenistan and participate in the February 2012 presidential elections. They also called for the OSCE to conduct a full election observation mission for those elections.

In its opening statement, the United States observed that Kazakhstan had failed to fully implement the commitments on domestic reform it had made in 2007 in Madrid upon receiving the Chairmanship for 2010, that leading human rights activist Yevgeniy Zhovtis remained in prison as a result of a trial that lacked due process, that Kazakhstan had adopted measures in a one-party parliament giving the current president continued power and immunity from prosecution for life and had held a poorly-conducted snap presidential election following an attempt to push through a referendum to obviate future elections for the incumbent. Although Kazakhstan protested the U. S. characterization of 2010 as “a year of missed opportunities for reform,” Kazakhstan’s adoption of a new restrictive religion law during the course of the human dimension meeting illustrated the very point the United States was making.

In fact, of the topics restricted to three-hour sessions, the subject of religious liberties was the most oversubscribed, with Kazakhstan’s new religion law generating particular criticism. As at previous meetings, the allocation of time during the meeting was highly problematic, with speaking time at some of the sessions limited to only one or two minutes to accommodate dozens desiring the floor, while other sessions ended early with time unused.

Other real-time developments during the HDIM also found their way into discussions. Following the outbreak of fighting on September 27 at a Kosovo border crossing with Serbia, Serbian representatives at the meeting engaged in a sharply worded exchange with Albanian officials. (Serbia's engagement at the meeting was of particular note in light of Belgrade's bid to serve as OSCE Chair-in-Office in 2014.) The outbreak of anti-Roma rioting in every major Bulgarian town or city during the HDIM underscored the urgency of addressing the chronic human rights problems affecting Roma as well as the acute and escalating crises.

Many participants also raised concern regarding continuing human rights abuses against ethnic Uzbeks in southern Kyrgyzstan in the wake of widespread violence last year and in advance of Kyrgyzstani elections in October. During the formal sessions, NGOs demonstrated on behalf of Kyrgyzstani political prisoner Azhimzhon Askarov.

The United States engaged fully in all aspects of the meeting, holding bilateral meetings with other OSCE participating States and extensive consultations with NGOs. The United States also organized two side events. The first focused on on the Hague Convention on the Civil Aspects of International Child Abduction. Professor Louise Teitz from the Hague Permanent Bureau (an intergovernmental organization that administers this and other Hague Conventions), and Corrin Ferber from the Department of State, made presentations, with additional comments provided by Consul General Linda Hoover, U.S. Embassy Warsaw. The second event focused on fundamental freedoms in the digital age. DAS Thomas Melia moderated the discussion, which included comments by the OSCE Representative on Freedom of the Media, Dunja Mijatovic; Agata Waclik-Wejman, policy counsel for Google; and Nataliya Radzina, a Belarusian journalist who faces a lengthy prison sentence in Belarus.

Conclusions

The Human Dimension Implementation Meeting served as an important forum for the United States to raise issues of concern, both formally and informally, and to hold extensive consultations with governments, OSCE officials, and representatives of civil society. That said, this year's HDIM was somewhat diminished relative to past meetings.

First, member states of the European Union appeared divided or preoccupied (or both). As a consequence, on a number of subjects – for example, the session that included migrant workers, refugees, and displaced persons -- there was neither a coordinated European Union statement nor statements by individual EU member states speaking in their national capacity. This voice was missed.

Second, the level of participation on the part of governments as well as civil society was reduced. This may be in part due to economic factors. But it may also reflect other factors. Prior to the HDIM, for example, Belarus and Russia dragged out the adoption of an agenda until the last possible moment, making it especially hard for NGOs to plan their participation. In addition, OSCE has, in recent years, scheduled so many human dimension meetings throughout the year that it is difficult for government and non-governmental experts to cover them all. (In addition to the discussion of tolerance and non-discrimination at the HDIM, those issues have been or will be addressed at three different ad hoc meetings, as well as one of the Supplementary Human Dimension Implementation Meetings.) The Lithuanian Chairmanship also scheduled some meetings in Vienna during the HDIM, although the modalities call for all Vienna meetings to be suspended during the HDIM to facilitate participation by the representatives to the OSCE. Similarly, the OSCE Parliamentary Assembly fall meeting overlapped with the final sessions of the HDIM.

In fact, the modalities for the OSCE's human dimension activities were a dominant theme during the HDIM's closing session -- presaging the opening of discussions in Vienna on that issue held immediately after the HDIM at the insistence of Belarus. While many governments, including the U.S., believe the way in which the OSCE organizes its human dimension activities could be improved, the discussions themselves risk being held hostage by those countries inimical to the OSCE's human rights work.

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Executive Order 13405—Blocking Property of Certain Persons Undermining Democratic Processes or Institutions in Belarus—was originally issued in June 16, 2006 in reaction to the aforementioned March 2006 elections and subsequent repression of protests.  It targets the human rights abuses that have sadly become characteristic of the Lukashenko regime and which he is committing now more aggressively than ever as he attempts to squash fair political competition. There has never been a more appropriate time to fully implement this Executive Order and consider expanding its principle objectives with additional executive action. The people of Belarus have demonstrated through these protests their deep desire for democracy and their refusal to be silenced.  It is incumbent upon us to stand with them.  At the very least, this means that we should not be inadvertently providing support to the Lukashenko regime by allowing its state-owned companies access to our financial system. Sincerely, Alcee L. Hastings Chairman

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The OSCE independent institutions, like the field missions, carry those messages forward.  In addition to the organization’s other work defending human rights and fundamental freedoms, its Office for Democratic Institutions and Human Rights (ODIHR) manages the OSCE’s election observation missions, internationally recognized as the “gold standard” for their methodology. Other independent offices lead the OSCE’s work on Freedom of the Media and rights of national minorities. Unfortunately, in July, these vital institutions were deprived of strong and consistent leadership by countries—including Azerbaijan, Tajikistan, and Turkey—that seem intent on attempting to weaken the OSCE’s ability to hold countries accountable for their actions and undermining the principles of the Helsinki Final Act. The executive and legislative branches of the U.S. government are partners in bringing American leadership to support the OSCE’s work. Several times each year,  members of Congress—including lawmakers serving on the U.S. Helsinki Commission, which monitors implementation of the Helsinki Accords  —gather at meetings of the OSCE Parliamentary Assembly, where they secure political commitments and build mutually beneficial relationships among legislators from the OSCE’s participating States to help push back against anti-democratic actions by national governments. Unfortunately, several OSCE participating States—countries that have repeatedly committed to upholding the principles and values enshrined in the Helsinki Final Act— are exhibiting a troubling slide toward authoritarianism. The United States and our democratic allies have criticized efforts to restrict and persecute journalists, human rights defenders, civil society, members of the political opposition, and members of ethnic and religious minorities. We also have jointly criticized efforts to stifle media freedom and limit political pluralism in Russia, Belarus, Azerbaijan, Tajikistan, and Turkmenistan, as well as raised concerns about media consolidation in Hungary, and limitations on freedom of speech and freedom of the press elsewhere. Russia’s Destabilizing Actions No OSCE participating State bears more responsibility for fomenting mistrust, insecurity, corruption, and human rights violations and abuses in this region than the Russian Federation. Russia’s destabilizing actions contravene all 10 Helsinki Final Act principles, ranging from respect for human rights to the prohibition of military incursions into neighboring countries. Russia continues its aggressive actions in Ukraine, including its purported annexation of Crimea. The proxy forces Russia arms, trains, leads, and fights alongside in eastern Ukraine make it dangerous for the unarmed OSCE Special Monitoring Mission to Ukraine to fulfill its Permanent Council-approved mandate to monitor the conflict. Russia uses its resources—economic, political, informational, and military—to defeat freedom and democracy. Russia does not rely on military force alone to threaten democratic governance; it also uses hybrid tactics daily, ranging from cyber intrusions to influence campaigns — aimed at undermining democratic elections. We hope that someday, authoritarian countries like Russia will start behaving again according to the rules of international law. Unfortunately, these countries currently reject the values of democracy, liberty, and human rights. The authoritarian regimes view democracy as an existential threat—hence the actions some of them have taken to restrict the OSCE’s ability to do its work.  The struggle today is between those who believe authoritarianism is the right way forward and those of us who still believe that Thomas Jefferson was right in his declaration that the desire for freedom exists within the heart of every human being. In a hyper-connected modern world in which disinformation becomes an ever more powerful weapon and the divisions within free societies are exploited by malign actors, U.S. membership in organizations like the OSCE emphasizes clearly, openly, and emphatically that America will not cede the field to the authoritarian regimes. We will not allow them to be the ones to dictate what is truth and what is fiction. Human Rights and Ideals Just as Valid in 2020 Through the OSCE, the United States directly confronts the deceit of Russia and other authoritarian powers. By raising our voices, through our participation and leadership, we reassure our friends that the United States stands with them and supports our shared values against the growing tide of autocracy. By raising our voices, we remind allies and adversaries alike that the United States remains engaged and committed to what is fair, what is right, and what is true. Together, our U.S. Mission to the OSCE and the U.S. Helsinki Commission remind allies and adversaries alike that America will not ignore regimes that are actively hostile to our values and see our liberty as an existential threat. We will always prioritize respect for human rights and fundamental freedoms, defend the principles of liberty, and encourage tolerance within societies, because such efforts are vital to the promotion of democracy and to U.S. national security. We reject the authoritarian notion that our fundamental freedoms are a weakness. They are our greatest strength. The United States and other like-minded countries use the power of the OSCE to show that human rights and ideals are just as valid in 2020 as they were in 1975, when the Helsinki Accords were signed. These rights not only ensure the physical, economic, and mental wellbeing of all our populations, they make the countries’ governments stronger by building legitimacy in the eyes of their citizens. America’s unwavering support of these values through multilateral organizations like the OSCE remains vital. As noted in the Trump administration’s U.S. National Security Strategy, “Authoritarian actors have long recognized the power of multilateral bodies and have used them to advance their interests and limit the freedom of their own citizens.  If the United States cedes leadership of these bodies to adversaries, opportunities to shape developments that are positive for the United States will be lost.” The OSCE deserves to be recognized by the people of both the United States and our allies and partners as a valuable tool in the fight against autocracy. We must not abandon it by leaving its most important institutions without leadership beyond its 45th anniversary. Instead, through our efforts, and those of our allies and partners in the OSCE, we must continue to defend liberty and human rights in our region and provide a beacon of hope for citizens everywhere who aspire to a free and democratic future.

  • Co-Chairman Wicker Condemns Fraudulent Election Results, Violence Against Protesters In Belarus

    WASHINGTON—Following the August 9 presidential election in Belarus and ongoing violence against protesters across the country, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “From the earliest stages of campaigning, Alexander Lukashenko has ruthlessly suppressed his political opponents, independent media, and ordinary citizens advocating for change. This electoral 'victory' was accomplished through blatant manipulation and fraud, as well as threats and violence. The United States stands with the people of Belarus, who have a right to make free choices about their country’s future and to protest peacefully.” In June and July 2020, longtime president of Belarus Alexander Lukashenko eliminated his main political competition through disqualification or imprisonment. Numerous protestors, supporters of opposition candidates, and journalists were arrested in the lead-up to the election. Belarus’ Central Election Commission stated on August 9 that more than 80 percent of voters voted for Lukashenko, with opposition candidate Svetlana Tsikhanovskaya, who drew unprecedented crowds to her rallies, receiving about 10 percent of the vote. Experts consider these numbers to be highly inaccurate. Following the election, protests across Belarus have been marked by mobile internet shutdowns, police violence, and mass arrests. According to international observers, Belarus has not had free and fair national elections since Lukashenko was first elected president in 1994.

  • The Shared Experiences of African-American and Roma Communities

    By Erick Boone, Max Kampelman Fellow While the OSCE participating States have committed to promoting tolerance and protecting the rights of diverse communities, the most ardent advocacy often is done by individuals who are members of those groups. Their activism often leads to changes that benefit not only the disenfranchised but also society at large. The United States has a rich history of demonstrating for civil rights and social recognition. The 20th century alone saw the birth of a multitude of social movements, including the civil rights movement organized by the African-American community to end racial discrimination and secure equal rights under the law. African-Americans have faced centuries of injustice in the forms of slavery, segregation, brutality, and discrimination. The racial hierarchy in the U.S. was bolstered by legislation that either ignored discrimination or condoned it. Still, African-Americans resisted subjugation, leading boycotts, protests, and sit-ins. They formed alliances that brought attention to issues and created civil society organizations that pushed for change. Community leaders also campaigned for elected office to change the system from within. Their efforts led to reforms in law that protected the rights of African-Americans throughout the United States. Thanks to the contributions of activists, extraordinary social progress was made. The fight for social equality continues to this day. In the United States, a new generation of activists contribute to the struggle. Yet, the fight against injustice is transnational—on the other side of the Atlantic, another group whose historical experiences share striking similarities with those of the African-American community is also engaged in a struggle for civil rights. The Roma Community Roma, the largest ethnic minority group in Europe, migrated from Northern India nearly 1000 years ago. Romani communities’ migration would eventually bring them to Europe, arriving first in Southeastern Europe and then Western Europe. Given the vast geographic spread of the Roma, the various European societies in which they settled differed greatly. The ways in which those societies responded to Romani settlement also differed. The one constant, however, was the mistreatment of Romani communities. For example, in what is present-day Romania, the local rulers as well as members of the monastery and aristocracy forced the Roma into slavery during the 14th century. Romani people worked as servants for the church and the state, with little more than the right to life. Romani men and women were made to work as domestic servants, blacksmiths, ironmongers, and a host of other professions. Roma slaves were seen as property that could be punished or sold as their masters saw fit. After nearly 400 years, Romania finally outlawed slavery in 1855. In other parts of Europe, Roma faced discrimination driven by beliefs of their racial inferiority. When the Nazi party took power in Germany, they turned their sights on addressing the so-called “Gypsy problem.” This began with discriminatory laws that targeted the Roma and ended with the systematic slaughter of Romani men, women, and children throughout Europe. An estimated 200,000 to 500,000 Roma were murdered during the Holocaust, representing 25 percent of the continent’s Roma population. Today, Roma still face stark inequalities. The European Commission launched infringement proceedings against the Czech Republic in 2014, Slovakia in 2015, and Hungary in 2016 for discriminating against Roma in their educational systems. In all three countries, Roma are channeled into almost completely separate schools and classrooms—with disturbing parallels to the segregation African-Americans faced for decades. A Cause for Collaboration Comparisons between the struggles of African-Americans and the Roma are not new. Romanian activists first drew parallels in the 19th century when Uncle Tom’s Cabin, a book depicting the harsh realities of slavery in the United States, was translated into Romanian. Its criticism of slavery helped energize the campaign to abolish slavery in Romania. This shared historical experience, along with several others, is the basis on which many African-American and Roma activists form modern partnerships. These partnerships have expanded thanks to the efforts of both individuals and organizations. For example, in 1995 in the town of Szentendre, Hungary, former U.S. civil rights activist Michael Simmons organized what would come to be known as the Szentendre Exchange. African-American Veterans of the U.S. civil rights movement met with Romani activists to discuss their efforts to further civil rights in their respective communities. Each group was invited to share stories of victories, challenges, and the methods that were the most successful.  In 2018, Harvard’s Center for Health and Human Rights hosted a similar event for its annual celebration of International Roma Day. The event featured a panel discussion titled, “Alone Together: Strength and Solidarity between the Roma and African-American Communities.” Margareta Matache, leading Roma rights activist, and Cornel West, renowned political philosopher, served as speakers on the panel. The two noted that with increased solidarity and cooperation, African-American and Roma advocates can learn from one another and achieve greater change. Ivan Ivanov, the executive director of the European Roma Information Office, also cites the U.S. civil rights movement as an inspiration for his work. Ivanov, who studied international human rights law at Columbia University, heads an organization that focuses on anti-discrimination policies in the fields of education, employment, healthcare and housing. The OSCE has facilitated dialogue through its Office of Democratic Institutions and Human Rights (ODIHR). Larry Olomoefe, former ODIHR Adviser on Combating Racism and Xenophobia, has worked with Roma to advance their rights and lead workshops on civil disobedience and political activism. Olomoefe notes that a component of these seminars entails teaching the history of protests like those led by Dr. Martin Luther King, Jr. and determining how it relates to the issues the Roma face today. Helsinki Commission efforts build on this history of exchange and collaboration. Helsinki Commission staff invited Soraya Post and Romeo Franz, two Roma Members of the European Parliament (MEPs), to participate in congressional events on Roma and meet with U.S. government officials and civil society. This included meeting with members of the U.S. Congressional Black Caucus and a visit to Howard University in Washington, D.C. The two learned of the role that Howard University and other Historically Black Colleges and Universities (HBCUs) have had in supporting African-Americans’ struggle for civil rights.   Progress The campaign for greater civil protections for Roma has seen moderate success due in large part to the work of the European Roma Rights Centre (ERRC), a strategic law organization comprised of human rights lawyers and activists inspired by the NAACP’s legal victories during the U.S. civil rights movement. The ERRC enjoyed a major victory in 2007 when the European Court of Human Rights ruled against the Czech Republic for its practice of placing Romani children in separate classrooms under the guise of special education. Dubbed “Europe’s Brown v. Board of Education” after the seminal court ruling that outlawed de jure segregation in the United States, the “Ostrava Case” outlawed this form of school segregation and paved the way for future desegregation cases. The ERRC has achieved similar success in cases involving illegal deportations of Roma, disparities in access to clean water, and police brutality. The Helsinki Commission has supported Roma and minority rights since its inception. It has advocated for the recognition of the enslavement and genocide of Roma. Helsinki Commissioners have also spoken out against the systemic inequities that many Romani communities still face. Helsinki Commission Chair Rep. Alcee L. Hastings (FL-20), the commission’s first African-American chair, has frequently highlighted the importance of International Roma Day and, along with other Helsinki Commission leaders, in 2019 introduced a resolution celebrating the contributions of Romani Americans. Challenges Despite these victories, Roma continue to face discrimination and prejudice. A 2015 study found that an average of one out of five Europeans would feel “completely uncomfortable” working with a Roma colleague. In some countries that number rose to 50 percent. Still, promoting tolerance can only be achieved through a concerted effort. Although government support is necessary to create substantive change, it is not enough. The most successful campaigns for social change occur when governmental institutions form meaningful partnerships with civil society organizations.  The grassroots organizations that found success during civil rights movements were bolstered by progressive legislation and generous funding from the private and public sector. Similar partnerships can be formed to support the work of not only the organizations that focus on Roma issues but also those who seek to collaborate. The history of African-American and Roma collaboration suggests that there are possibly shared solutions to be gained out of a shared experience.

  • Chairman Hastings Marks Roma Genocide Remembrance Day

    WASHINGTON—Ahead of Roma Genocide Remembrance Day on August 2, Helsinki Commission Chairman Alcee L. Hastings (FL-20) issued the following statement: “As we mourn the mass murder of up to 5,000 Romani people in the so-called ‘Gypsy Family Camp’ at Auschwitz-Birkenau in 1944, I urge all OSCE participating States to remember the genocide of Roma and to acknowledge the impact this genocide continues to have on Romani communities.   “Earlier this year, Roma were among the victims of the deadly terrorist attack in Hanau, Germany, where nine people were murdered.  That heinous tragedy underscores the urgency with which we must counter racism, anti-Semitism, anti-Muslim bigotry, and xenophobia today.  The fight against the grave threat of violent extremism and racism is far from being won. “I commend the U.S. Holocaust Memorial Museum for its support of scholarship on the genocide of Roma, its role as a repository of critical archives, and as a guardian for the remembrance of the Holocaust and the all the victims of the Nazi regime.” The Helsinki Commission has supported the inclusion of Romani voices in research and remembrance, such as the appointment of Dr. Ethel Brooks to the U.S. Holocaust Memorial Museum Council; acknowledgment and remembrance of the genocide of Roma, such the Berlin Memorial; archival access for survivors, their families, and scholars, including the Bad Arolsen archives; and proper preservation of and memorialization of sensitive sites of remembrance, such as the Lety Concentration Camp site. In 2019, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20), Sen. Roger Wicker (MS), Rep. Steve Watkins (KS-02), and Sen. Ben Cardin (MD) introduced resolutions in the U.S. House of Representatives (H.Res.292) and the U.S. Senate (S.Res.141) celebrating Romani American heritage. In addition to recognizing and celebrating Romani American heritage and International Roma Day, the resolutions commemorated the 75th anniversary of the destruction of the so-called “Gypsy Family Camp” at Auschwitz.  

  • Human Rights at Home: Values Made Visible

    Statues, monuments, memorials, and museums—and the events and people they represent—may become societal or even interstate flashpoints. They also have the potential to help heal wounds, educate the public, and inform policymaking as leaders seek to address historic wrongs, bridge divisions, and build a shared future. As the debate over U.S. statues and memorials intensified, the Helsinki Commission convened a hearing on "Values Made Visible" to examine what the United States conveys to the world through its public monuments and memorials and how acknowledgment of the past can encourage restitution, reparations, and restorative justice.  Commissioner Rep. Gwen Moore (WI- 04) chaired the hearing.   Testimony was received from Kevin Gover, Acting Undersecretary for Museums and Culture for the Smithsonian Institution, the world's largest museum, education, and research complex; Princess Maria-Esmeralda of Belgium; former OSCE Secretary General and High Commissioner on National Minorities Lamberto Zannier; and former Vice Mayor of Charlottesville Dr. Wes Bellamy. Rep. Moore observed that the Helsinki Commission has frequently encouraged other OSCE participating States to address difficult chapters of their histories, and called out those who propagate revisionism, distort the past for contemporary political purposes, stoke grievances against their neighbors, or persecute civil society, scholars, or journalists who write about uncomfortable truths. The Helsinki Commission also has supported the preservation of sensitive sites of remembrance, including Auschwitz; supported access to archives; and encouraged governmental and public officials’ efforts to acknowledge past wrongs and heal societal divisions. Rep. Moore concluded that the United States must make our values more visible in the public places administered on behalf of the American people. Undersecretary Gover used four prominent, albeit controversial, sculptures at the Alexander Hamilton U.S. Customs House, an historic building in Manhattan that is part of the Smithsonian Institution, as the references points for his remarks. Like many other monuments across the U.S. landscape, if they serve as "a provocation for meaningful public conversation and reckoning, they have value. In the absence of such a conversation, they are mere monuments to White supremacy and should not remain." “In the late 19th and early 20th century, one of the most successful gaslighting operations in world history was taking place with the invention of the mythical ‘lost cause’ to explain the Civil War. The monuments were part of that but it was really quite a comprehensive propaganda operation. . . It feels like these young people today were taught something different, or at least that they didn't buy that old narrative. And so they're going to lead us into a new and better place with regard to our public spaces." —Acting Undersecretary Kevin Gover. Previously, as Assistant Secretary for Indian Affairs in the United States Department of the Interior, Mr. Gover issued an apology to Native American people on behalf of the Bureau of Indian Affairs for the historical conduct of the bureau.   Princess Esmeralda noted that the brutal murder of George Floyd has compelled an acknowledgment of institutionalized racism stemming from colonialism and slave trade. "In the wake of the homicide of George Floyd, statues started to be unbolted and removed… Unbolting the statues of Leopold II was part of a desire to expunge a past written with partiality by the colonizer," she said. Princess Esmeralda also noted that King Phillippe of Belgium sent a letter to President Felix Tshisekedi of the Democratic Republic of Congo, expressing his deep regrets for the acts of violence and atrocities.  The letter was preceded by a vote in the Belgian Parliament agreeing to establish a truth and reconciliation commission, which will also include opening some previously closed archives. Ambassador Zannier discussed the potential for differing historical narratives to create internal friction within a state as well as friction between states. He also observed that nations rely heavily on historical interpretation to create a common sense of purpose and belonging. "The situation changes when societies are diverse, and when a symbol, or a monument, with the name of the street becomes provocative for part of the population,” he said. Ambassador Zannier also underscored the importance of key OSCE principles regarding the promotion of human rights, the fight against discrimination and racism, and protection of minority rights. He encouraged the OSCE Parliamentary Assembly to engage on these issues. Dr. Bellamy, who led the effort to remove statues of Robert E. Lee and Stonewall Jackson from his city’s parks, underscored the historic context for the erection of many of the statues glorifying the Confederacy, such as those erected in Charlottesville in 1924. He argued that the messages communicated through those statues will not be changed until such statues are removed and reflected in the allocation of public resources.   Related Information Witness Biographies  Human Rights at Home Safe, Inclusive, and Equitable Societies Briefing: Truth, Reconciliation, and Healing OSCE High Commissioner on National Minorities: Contested Historical Legacies in Public Spaces OSCE High Commissioner on National Minorities: Open Letter on Symbols in Public Spaces  

  • Hastings and Wicker Lament Death of Kyrgyz Activist Azimjan Askarov

    WASHINGTON—Following last weekend’s death of Kyrgyz human rights defender Azimjan Askarov in prison, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “We are deeply saddened by the tragic death of human rights activist Azimjan Askarov and extend our condolences to his family and friends. It is a travesty that Kyrgyz authorities never addressed Mr. Askarov’s credible allegations of torture or rectified the violations of fair trial standards, which were documented by the OSCE and others. Instead, the poor handling of his case demonstrated the shortcomings of the country’s judicial system and authorities’ ethnic nationalism. “Only weeks ago, we called on President Jeenbekov to release Mr. Askarov immediately because of his poor health. We will not forget Mr. Askarov or the injustices inflicted on him by the Kyrgyz authorities.” Activist Azimjan Askarov died on July 25, 2020, one day after being transferred to a prison hospital. He had suffered from poor health for years, but his heath reportedly had deteriorated in the past weeks. He was 69. Mr. Askarov was charged with incitement in relation to the murder of a policeman in 2010 during the ethnic violence in southern Kyrgyzstan that left hundreds of mainly ethnic Uzbeks dead. Although they were the vast majority of victims, ethnic Uzbeks, including Mr. Askarov, also were the majority of those accused of fomenting the violence. Prior to 2010, Mr. Askarov had worked to uncover police corruption and abuse in the community, and his arrest may have been retaliation. The Organization for Security and Cooperation in Europe (OSCE) monitored his trials in 2010 and 2011 and documented “serious violations of fair trial standards…the failure of the authorities to adequately address the intimidation of defense witnesses and lawyers, to consider exculpatory evidence, and to effectively follow-up on visible signs of torture.” In 2016, the United Nations Human Rights Committee found that Kyrgyzstan had violated its international commitments and that Mr. Askarov had “been arbitrarily detained, held in inhumane conditions, tortured and mistreated, and prevented from adequately preparing his trial defense.”

  • Societal Impact of Public Monuments and Memorials to Be Discussed at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: HUMAN RIGHTS AT HOME Values Made Visible Wednesday, July 29, 2020 10:00 a.m. Watch Live: www.youtube.com/HelsinkiCommission Statues, monuments, memorials, and museums—and the events and people they represent—may become societal or even interstate flashpoints. They also have the potential to help heal wounds, educate the public, and inform policymaking as leaders seek to address historic wrongs, bridge divisions, and build a shared future. As the debate over U.S. statues and memorials intensifies, witnesses at this online hearing will examine what the United States conveys to the world through its public monuments and memorials and discuss how acknowledgment of the past can encourage restitution, reparations, and restorative justice. The following witnesses are scheduled to testify: Ambassador Lamberto Zannier, former OSCE Secretary General and High Commissioner on National Minorities H.R.H. Maria-Esmeralda of Belgium, journalist and documentary filmmaker Kevin Gover, Acting Under Secretary for Museums and Culture, Smithsonian Institution Dr. Wes Bellamy, author and former Vice-Mayor of Charlottesville, VA Since its establishment, the Helsinki Commission has championed historical justice throughout the OSCE region. Commissioners have called on public officials to reject Holocaust denial, and acknowledge the Soviet-created famine in Ukraine, genocides in Armenia and Bosnia, and the massacre at Katyn Forest. The commission also has supported the preservation of sensitive sites of remembrance, including Auschwitz, and supported access to archives. Commissioners have defended the freedom of academics, civil society representatives, and journalists persecuted for telling uncomfortable truths about the past. The commission has supported governments’ and public officials’ efforts to acknowledge past wrongs and heal societal divisions.

  • Chairman Hastings, Rep. Meeks Issue Statement on Foreign Affairs Funding for Diversity and Global Anti-Racism Programs

    WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Rep. Gregory W. Meeks (NY-05) today issued the following joint statement regarding the language in the Fiscal Year 2021 State, Foreign Operations, and Related Programs (SFOPS) appropriations bill that supports efforts to foster diversity and inclusion in international affairs and provide protections for minority and indigenous populations abroad: “Our success in securing more funding and reporting requirements to diversify America’s diplomatic workforce and combat global racism is bittersweet, as this will be the first time that Congressman John Lewis’ signature will be absent as we finalize the process of securing these important steps in the House appropriations process.  We urge Senate appropriators to support these efforts as the Senate moves forward on its bill. “John was the conscience of Congress, a champion of human rights not just here in the United States, but globally wherever there was intolerance and bigotry. For close to a decade we have fought alongside John to make sure the SFOPs appropriations bill reflected the importance of that mission, including working to ensure that the workforces of our State Department and USAID reflects to the world the diversity of our nation. We worked with John to direct that the State Department create and increase initiatives that promote racial equality and combat discrimination, including in the Western Hemisphere where the U.S. should be working more diligently to protect minorities and indigenous populations that are severely at risk, and in Western Europe where George Floyd protests have highlighted racial profiling and ongoing racial disparities with roots in colonialism and the transatlantic slave trade. “As John’s good friend Dr. King famously said, ‘injustice anywhere is a threat to justice everywhere.’ As the House prepares for floor consideration of the House SFOPs bill, we thank House Appropriators for recognizing the importance of the funding and directives that we have requested.  We are proud to have worked with John now and over the years for additional funding for our international efforts to correct racial injustice worldwide.  He continues to be a driving force as we honor his legacy with our ongoing focus to realize these efforts.” Measures in the SFOPS appropriations bill championed by Congressmen Lewis, Hastings, and Meeks that will come to the House floor for votes this week include: $2 million to support international academic and professional and cultural exchanges through partnerships with historically black colleges and universities (HBCUs). Promoting stable democracies in the Western Hemisphere by implementing joint action plans between the United States and Colombia and Brazil to support racial and ethnic equality, and expanding the Western Hemisphere’s Race, Ethnicity, and Social Inclusion Unit’s programming to other regions. Funding to expand the State Department and USAID diversity and hiring, retention, and promotion efforts for its workforce, including by supporting mid-career and senior professional development opportunities, and partnerships with minority serving institutions, and the Charles B. Rangel, Thomas R. Pickering, and Donald M. Payne programs for undergraduate and graduate students. A report to Congress on all State Department and USAID efforts to address the global rise in racial discrimination. Expanding opportunities for minority owned businesses to compete for Department of State contracts and grants. $25 million to support Afro-Colombian and indigenous communities. Support for State Department programming that encourages representative governance and advances social inclusion in 12 European cities.

  • RUSSIAN CYBER ATTACKS ON COVID RESEARCH CENTERS

    Madam Speaker, I rise today to strongly condemn the recently reported Russian cyber attacks on United States, United Kingdom and Canadian COVID-19 research centers. As the world continues to battle the COVID-19 pandemic, Vladimir Putin's regime has once again lived up to its reputation for lawlessness and cynicism by targeting vaccine research and development organizations with ``the intention of stealing information and intellectual property relating to the development and testing of COVID-19 vaccines,'' as assessed by U.S., British and Canadian intelligence agencies. Sadly, neither this appalling cyber attack, nor the pitiful Kremlin denials which followed, are too surprising to those of us who watch Russia closely. As a Member of the U.S. Delegation to the Parliamentary Assembly of the Organization for Security and Cooperation in Europe--the OSCE PA--and Chairman of the Committee on Political Affairs and Security, I regularly participate in difficult discussions with Russian political leaders about Moscow's geopolitical misconduct. The Kremlin's campaign across the OSCE space and beyond is aimed at destabilizing and undermining the international order by any means necessary, to include the invasion and occupation of OSCE participating States, the assassination of political opponents abroad, disinformation and more. On July 7, 2020, I communicated directly to the OSCE PA which included the presence of the Russian head of delegation how seriously the United States is taking reports of Russian monetary bounties to Taliban-linked insurgents for the killing of American and NATO soldiers in Afghanistan. The fact of Kremlin support to the Taliban had already surfaced in a hearing of the United States Helsinki Commission which I chaired on June 12, 2019, in open testimony by former Deputy Assistant Secretary of Defense for Russia Michael Carpenter. Madam Speaker, I will continue to work with colleagues here at home and across the Atlantic to ensure the Kremlin's bald faced denials of its malign actions are countered, and that Vladimir Putin's regime faces the appropriate consequences for its actions. The OSCE Parliamentary Assembly has proven time and again its value as a forum to counter disinformation and foster cooperation to counter common threats. A result of these most recent reports, I intend to advocate for that body to prioritize results-oriented discussions on state-sponsored cyber attacks in our region in its upcoming work session. Madam Speaker, please join me in condemning the Kremlin's latest despicable actions.

  • Helsinki Commission Chairman Amends NDAA to Reflect Support for Open Skies Treaty

    On May 21, 2020 the Trump administration reportedly decided to withdraw the United States from the Open Skies Treaty to be effective at the end of this year. To express strong opposition, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) recently authored an amendment to H.R.6395, the William M. (Mac) Thornberry National Defense Authorization Act (NDAA) for Fiscal Year 2021, expressing the sense of Congress that the Trump Administration’s decision to withdraw from the Treaty on Open Skies did not comply with a legal requirement to notify Congress; did not assert that any other Treaty signatory had breached the Treaty; and was made over the objections of NATO allies and regional partners.  “I am proud to have worked with Rep. Jimmy Panetta to successfully amend the House FY21 NDAA to express Congressional support for Open Skies and reiterate our commitment to the confidence and security building measures that are so vital to our NATO allies and partners,” said Chairman Hastings. “As Chairman of the U.S. Helsinki Commission, I strongly disagree with the President’s decision to withdraw from the Open Skies Treaty, an important arms control agreement that significantly reduces the risk of armed conflict.” The measure expresses support for confidence and security building measures like the Open Skies Treaty, because they reduce the risk of conflict, increase trust among participating countries, and contribute to military transparency and remain vital to the strategic interests of our NATO allies and partners. The amendment also underlines the need to address Russian violations of treaty protocols through international engagement and robust diplomatic action. The full amendment is available below or as amendment numbered 167 printed in House Report 116-457. Chairman Hastings had previously condemned the Trump administration’s decision to withdraw from the Treaty on Open Skies, which is designed to increase transparency, build confidence, and encourage cooperation among the United States, Russia, and 32 other participating states (including much of Europe as well as partners like Ukraine and Georgia), by permitting unarmed observation aircraft to fly over their entire territory to observe military forces and activities. In November 2019, the Commission hosted a joint hearing with the House Committee on Foreign Affairs on the importance of the Open Skies Treaty, emphasizing its critical role in security and stability around the world, which still stands today. The United States has conducted nearly three times as many flights over Russia as Russia has over the United States under the treaty. The United States has also used the treaty to support partners by conducting flights over hot spots such as the Ukraine-Russian border.  Amendment At the end of subtitle D of title XII, add the following: SEC. 12__. SENSE OF CONGRESS ON THE OPEN SKIES TREATY. It is the sense of Congress that-- (1) the decision to withdraw from the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002-- (A) did not comply with the requirement in section 1234(a) of the National Defense Authorization Act for Fiscal Year 2020 (133 Stat. 1648; 22 U.S.C. 2593a note) to notify Congress not fewer than 120 days prior to any such announcement; (B) was made without asserting material breach of the Treaty by any other Treaty signatory; and (C) was made over the objections of NATO allies and regional partners; (2) confidence and security building measures that are designed to reduce the risk of conflict, increase trust among participating countries, and contribute to military transparency remain vital to the strategic interests of our NATO allies and partners and should continue to play a central role as the United States engages in the region to promote transatlantic security; and (3) while the United States must always consider the national security benefits of remaining in any treaty, responding to Russian violations of treaty protocols should be prioritized through international engagement and robust diplomatic action.

  • Hastings: Petty Parochialism Denies OSCE Vital Leadership During Global Crisis

    WASHINGTON—Following yesterday’s failure of OSCE representatives to renew the mandates of four leadership positions—the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the Office for Democratic Institutions and Human Rights—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “We are in trouble when petty parochialism denies us vital leadership in the midst of a global crisis. Now more than ever, reliable multilateral institutions are needed to forge solutions during and after the current pandemic.  “Azerbaijan, Tajikistan, Turkey, and other OSCE participating States who have blocked consensus on extending dedicated public servants should be ashamed of themselves. History will show the folly of abandoning essential leadership for cooperation.” Negotiations to renew each mandate collapsed in part in response to the written objections of Azerbaijan, Tajikistan, and Turkey, and the subsequent withholding of consensus by other participating States. Even efforts to devise interim extensions failed, leaving vital OSCE leadership positions vacant during an unprecedented global crisis. The failure highlights the unwillingness of some OSCE participating States to live up to their stated commitments to democratic institutions, the rule of law, media pluralism, and free and fair elections. Leaving key leadership roles unfilled drastically weakens the OSCE’s ability to hold countries accountable for their actions and undermines the principles of the Helsinki Final Act.  The Organization for Security and Cooperation in Europe (OSCE) is the world’s largest regional security organization. It spans 57 participating States reaching from Vancouver to Vladivostok. The OSCE sets standards in fields including military security, economic and environmental cooperation, and human rights and humanitarian concerns. In addition, the OSCE undertakes a variety of initiatives designed to prevent, manage, and resolve conflict within and among the participating States.

  • Chairman Hastings, Helsinki Commissioners Moore, Cleaver, and Veasey Lead Call for Comprehensive Action to Address Anti-Black Racism Abroad

    WASHINGTON—In a bicameral letter to the President of the European Commission, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) joined the Black members of the Helsinki Commission—Representatives Gwen Moore (WI-04), Emanuel Cleaver (MO-05), and Marc Veasey (TX-33)—in leading 35 other Members of the United States Congress, including the Congressional Black Caucus Chair and other Helsinki Commissioners, in calling for a sweeping plan of action following the European Parliament’s Juneteenth Day resolution supporting protests against racism and police brutality. The letter also urges an immediate inquiry into an altercation involving a Black Member of the European Parliament and a Belgian police officer.  “Since convening the 2009 Black European Summit at the European Parliament, it is heartening to see the growing solidarity of this resolution and the opportunity it presents for joint U.S.-EU commitments to end systemic racism,” said Chairman Hastings. “I am encouraged by the European Parliament’s resolution supporting protests against racism and police brutality. I would like to see these efforts built upon with meaningful and comprehensive action that addresses the widespread racism and discrimination Black Europeans and people of African descent experience on a day-to-day basis,” said Rep. Moore. “I applaud the European Parliament’s resolution that denounces anti-black racism and police brutality,” said Rep. Veasey. “We must work together as a global community to create comprehensive solutions that will finally dismantle the systemic oppression that has caused too many Black and Brown lives to be lost.”  “Recently, we have seen a troubling rise in racism and police brutality around the world,” said Rep. Cleaver. “I’m comforted to see the European Parliament and the people of Europe standing with Americans as we seek to abolish the systemic racism that has plagued our planet for far too long. As we stand united in the face of this age-old foe, now is the time for concrete action to root out racism in every corner of the globe.” The full text of the letter can be found below: July 8, 2020 Ms. Ursula von Der Leyen President of the European Commission Rue de la Loi 200 1049 Brussels Belgium Dear President von der Leyen, We are writing as Members of United States Congress to call on the European Commission to take urgent action to combat racism, discrimination and police violence against Black Europeans and People of African Descent in Europe. We would also like to express our concern and call for an immediate inquiry into the physical harassment of a Black Member of European Parliament, Dr. Pierrette Herzberger Fofana, by the Belgian police after she took a picture of them engaging in a concerning manner with two young Black men outside a train station. As in the United States, the 15 million persons who make up populations of Black Europeans and People of African Descent in Europe, have been victims of police brutality and harassment, including unexplained deaths of individuals in police custody. Moreover, the European Union’s own Fundamental Rights Agency in 2018 found almost a third of People of African Descent had experienced racial harassment in the five years before with the report claiming that racial discrimination is “commonplace” in the 12 European countries sampled. We have focused on these issues in the United States Congress through hearings, legislation, multilateral events, and initiatives, including within the European Union. We acknowledge that the European Union has passed legislation such as the Race Equality Directive to prohibit racism and discrimination. We also welcome the European Parliament’s resolutions on “Anti-Racism protests following the death of George Floyd” on 19th June 2020 and “The Fundamental Rights of People of African Descent in 2019” in March 2019.  We are also pleased to see that EU Commissioner Dalli will lead on the development of an action plan to address racial discrimination and Afrophobia.  However, we are concerned by the possibility of limited implementation by Member States and European Institutions and by the absence of a unit or coordinator in the European Commission addressing anti-Black racism or Afrophobia--especially following the People of African Descent Week in the European Parliament and other events where civil society groups of Afro-Descendants in Europe expressly requested these positions to improve the human rights situation for their communities. In addition to appointing a coordinator and/or unit focused on anti-Black racism, we call on you to push for the comprehensive implementation of the resolutions and the recommendations in the letter initiated by MEPs Dr Pierrette Herzberger Fofana, Alice Bah Kunke, and Monica Semedo to: Develop an EU framework for national strategies on combatting racism which would require all European Union member states to develop strategic plans and provide funding to improve the situation of diverse communities including People of African Descent in Europe Collect and publish equality data disaggregated by racial and/or ethnic origin (as defined by the EU race directive) that is voluntary, anonymous and ensures the protection of personal data, self-identification and consultation with relevant communities Push to unblock the anti-discrimination horizontal directive which would increase protections for communities across different sectors of society in Europe Convene a European Anti-Racism Summit on combatting structural discrimination in Europe that includes a focus on improving the situation of People of African Descent in Europe Sincerely,

  • Wicker and Cardin Commend United Kingdom Magnitsky Sanctions on Russian and Saudi Officials

    WASHINGTON—Following the recent designations under the United Kingdom’s Magnitsky sanctions framework of Russian and Saudi officials responsible for the deaths of Sergei Magnitsky and Jamal Khashoggi, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) released the following statement: “We are encouraged to see the United Kingdom applying its first-ever independent Magnitsky sanctions. These sanctions demonstrate that following Brexit, the UK remains committed to fighting human rights abuse and kleptocracy. “We hope the UK will continue to apply Magnitsky sanctions as needed and develop additional anti-corruption policies to stem the flow of illicit wealth into the country. We also encourage the European Union to move forward on plans to develop its own Magnitsky sanctions. Consequences for bad acts are most effective when imposed in concert.” The UK passed its Magnitsky sanctions law in 2018. That same year, Russia attempted to assassinate Sergei Skripal, a former Russian double agent who spied for the UK, in Salisbury, England. UK Magnitsky sanctions freeze the assets of designees and prevent them from entering the country, and are expected to be a powerful deterrent for kleptocrats, given the propensity of corrupt officials to steal and launder money into London as well as send their children to British boarding schools. In December 2019, EU High Representative for Foreign Affairs and Security Policy Josep Borrell announced that the EU would start preparatory work for the equivalent of a Magnitsky sanctions mechanism. However, no further progress has been reported. In May 2020, Co-Chairman Wicker and Sen. Cardin urged U.S. Secretary of State Mike Pompeo to ask High Representative Borrell to expedite the adoption of EU sanctions on human rights abusers and include provisions for sanctioning corruption.

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