Title

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The OSCE 2013 Human Dimension Implementation Meeting
Thursday, October 31, 2013

By Helsinki Commission Staff

Overview

From September 23 to October 4, 2013, 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 (ODIHR) according to an agenda approved by consensus of all 57 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 2013, those subjects were: 1) freedom of religion or belief, 2) freedom of assembly and association, and 3) democratic elections and election observation -- sharing best practices.

U.S. Delegation

The U.S. Delegation was headed by Ambassador Robert Bradtke. Newly confirmed U.S. Head of the U.S. Mission to the OSCE Ambassador Daniel Baer also participated.  (During the HDIM, meetings of the OSCE Permanent Council in Vienna are suspended to facilitate participation by members of permanent missions to the OSCE in the Warsaw meeting.)  Other members of the U.S. Delegation included Deputy Assistant Secretary of State for Democracy, Human Rights and Labor Thomas O. Melia, Special Envoy for Combating Anti-Semitism Ira Forman, and Co-Chair of the U.S. Commission on International Religious Freedom Katrina Lantos Swett.  Helsinki Commission Chief of Staff Fred L. Turner and other Commission staff participated in all aspects of the delegation’s work.

Gavin Weise from the International Foundation for Electoral Systems served as a public member on the issue of democratic elections and election observation. Public Members have traditionally been included in U.S. delegations to OSCE human dimension meetings as a means of bringing special expertise to the delegation’s work and to promote greater knowledge of the OSCE process in civil society.

This Year’s Meeting

As the meeting opened, the high-profile case of imprisoned former Prime Minister Yulia Tymoshenko remained unresolved, casting a pall on Ukraine’s OSCE Chairmanship. GOLOS, a Russian NGO that reports on the integrity of elections in Russia, remained suspended in a wave of increased repression; Russian representatives protested against GOLOS participation at the HDIM. Former political prisoner and RFE/RL correspondent Dovletmyrat Yazkuliyev was not allowed to leave Turkmenistan to participate in the HDIM. Kazakhstani businessman Mukhtar Ablyazov and several of his former colleagues were held in various countries on the request of the government of Kazakhstan – while his wife and daughter were illegally deported from Italy to Kazakhstan.

The U.S. statements from the HDIM, raising these and many other specific cases of concern, are available on the website of the U.S. mission to the OSCE (osce.usmission.gov).

During the meeting, the United States held bilateral meetings with other OSCE participating States and extensive consultations with civil society. In addition, the United States organized a side event focused on one of this year's special topics, freedom of association and assembly, with a panel of activists from the Civil Society Platform:  Yevgeniy Zhovtis, International Bureau for Human Rights and Rule of Law (Kazakhstan), Valeria Rybok from the Center for Civil Liberties (Ukraine), Dmitri Makarov from the International Youth Human Rights Initiative (Russia), Aleh Hulak, Belarusian Helsinki Commission, and Rasul Jafarov from the Human Rights Club (Azerbaijan).  Speakers described many negative trends across Eurasian and Central Asian states, including onerous registration requirements for civil society organizations, restrictions on peaceful demonstrations, and prosecutions of protestors.  The panel and other attendees also emphasized the importance of a network through which regional civil society organizations could share experiences and effective activities.

Other side events were organized by ODIHR, participating States, and NGOs including Freedom House, Amnesty International, Human Rights First, the Open Society Foundations, and the German Marshall Fund.  As at past HDIM meetings, some concerns were raised about the United States, including at side events focused on the abolition of the death penalty and on human rights and counterterrorism (which touched on Guantánamo, drones, and surveillance/privacy issues).

Switzerland held a side event during the HDIM to preview its goals for its 2014 tandem chairmanship (with Serbia taking the lead in 2015). Switzerland indicated that its two over-arching human dimension priorities will be to enhance the involvement of civil society and to strengthen the implementation of human dimension commitments. During what promises to be an active and ambitious chairmanship, Switzerland plans to hold four regional workshops with civil society in Southeast Europe, the Southern Caucasus, Central Asia, and Western Europe.

During the regular working sessions, several concerns were raised repeatedly, including violence against journalists, harassment of NGOs and restrictive NGO registration laws, and government actions against religious groups portrayed by some governments as non-traditional.  Russia received significant criticism over its Foreign Agents law. (There also were a number of apparently Russian-sponsored “NGOs” which criticized the United States, supported independence for South Ossetia and Abkhazia, and hewed to anti-Baltic state themes.)

Problems in Central Asia received considerable attention, including the disappearance of some prisoners in Turkmenistan and the cases of Vladimir Kozlov and Mukhtar Ablyazov in Kazakhstan.  During the HDIM, the NGO Crude Accountability and the Civic Solidarity Platform launched a project called “Prove that They are Alive.”  Designed to follow up on the 2003 invocation of the OSCE Moscow Mechanism with Turkmenistan, the initiative is intended to compel the government of Turkmenistan to inform the families of those imprisoned in connection with an alleged coup attempt in 2002 whether their loved ones are still alive.

As at previous HDIMs, the allocation of time during the meeting was highly problematic.  Of the topics restricted to three-hour sessions, the subject of tolerance and non-discrimination was the most oversubscribed.  This session included discussion of the implementation of existing OSCE hate crimes commitments; combating anti-Semitism, intolerance against Muslims and other religious groups; racism and xenophobia; and anti-LGBT bigotry manifested through, in particular, “gay propaganda” laws. In such oversubscribed sessions, speaking time was strictly curtailed to accommodate the dozens desiring the floor, while other sessions ended early with time unused.

Notably, Thailand, an OSCE Partner for Cooperation, actively participated in this year’s HDIM, perhaps in order to bolster its application to become a full OSCE participating State.

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    “The Human Dimension” is OSCE-speak for human rights, democracy, and humanitarian concerns.  When the Helsinki Final Act (HFA) was signed in Helsinki, Finland in 1975, it enshrined among its ten Principles Guiding Relations between participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the HFA included a section on cooperation regarding humanitarian issues that provided an umbrella for addressing (among other things) family reunification and working conditions for journalists. "The Human Dimension" was a term coined during the drafting of the 1989 Vienna Concluding Document to serve as shorthand to describe the human rights and humanitarian provisions of the agreements concluded within the framework of the Helsinki process. 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A free and independent media is virtually nonexistent and the remaining state-controlled media is used to propagandize disinformation, fear, bigotry, and aggression. Azerbaijan’s Record Draws Sharp Criticism In 2015 Azerbaijan unilaterally shuttered the OSCE Mission in Baku, effectively blocked the OSCE’s independent election observation in October, and sentenced journalist-heroine Khadija Ismayilova to 7 ½ years in prison for reporting on government corruption.  The government of Azerbaijan has also escalated pressure against the family members of its critics, in a further effort to stifle dissent.  As a consequence, throughout the HDIM, Azerbaijan was the subject of singular attention and criticism. In one particularly sharp exchange with the moderator during the discussion of fundamental freedoms in the digital age, Azerbaijan challenged its critics to name at least 25 of an estimated 100 political prisoners.  A partial list – 25 names – is below. Abilov, Abdul Aliyev, Intigam Aliyev, Nijat Akhundov, Rashadat Guliyev, Araz Hasanov, Nasimi Hashimli, Parviz Hazi, Seymur Ismayilova, Khadija Jabrayilova, Valida Jafarov, Rasul Karimov, Fara Mammadli, Anar Mammadov, Hilal Mammadov, Igar Mammadov, Omar Mirkadirov, Rauf Ramazanov, Rashad Rustamov, Aliabbas Rustamzada, Ilkin Seyidov, Elnur Yagublu, Tofig Yunusov, Arif** Yunus, Leyla** Zakharchenko, Irina **Leyla and Arif Yunus have been released from prison since the HDIM but remain under house arrest.

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  • OSCE Foreign Ministers Meet in Belgrade

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  • Germany to Lead OSCE in 2016

    Germany will serve as OSCE Chair-in-Office in 2016. Germany has indicated it will continue the work on youth exchanges initiated by the previous Serbian and Swiss chairmanships. In the human dimension, Germany will focus on: Freedom of the press and freedom of information, independence of the media, and the safety of journalists. Protection of minorities. Combating political extremism, intolerance and discrimination, including anti-Semitism and integration issues related to migrants. Strengthening the rights of women.

  • What is the OSCE Doing in Ukraine?

    In Ukraine, the OSCE monitors the cease-fire, weapons withdrawal, and overall security situation in eastern Ukraine. In addition, the OSCE has observed local elections and reports on widespread human rights violations in Russian-occupied Crimea. Special Monitoring Mission (SMM) Mandate adopted by consensus on March 21, 2014 and extended until March 31, 2016 634 international monitors as of November 18, 2015 Posts daily updates at OSCE.org Has encountered episodes of hostage-taking and been fired upon OSCE Observer Mission at the Russian Checkpoints Gukovo and Donetsk Mandate adopted by consensus on July 24, 2014 Gathers information and reports on the security situation at the two checkpoints Minsk Agreement Adopted September 5, 2014, by Russia, Ukraine, and Russian-backed separatists under OSCE auspices OSCE tasked with monitoring its implementation, including the cease-fire and weapons withdrawal Minsk II Adopted February 11, 2015 Continues work of Minsk agreement OSCE Election Observation Observed local elections in 2015 Joint report by ODIHR & HCNM on Russian-occupied Crimea ODIHR and HCNM report released September 17, 2015, identifies widespread human rights violations

  • I Was Locked Up and Tortured by Putin’s Spooks

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The agent demanded that my friend and I provide false testimony; he wanted us to admit that we had been recruited by Right Sector or by the head of the Security Service of Ukraine to commit acts of terrorism in Russia. At the time, I was an ordinary student from western Ukraine and could not believe that such absurd accusations were being made against me. My western Ukrainian origin became an additional reason for Russian law enforcement personnel to harass me. After we refused to incriminate ourselves, they began beating us at regular intervals. We were also offered an option of going on Russian TV and giving a predetermined speech about being sent to Russia from Ukraine to commit subversive acts, but instead we turned to the FSB for protection to save us from the Ukrainian authorities and their persecution. We refused, so the harassment continued and turned into physical and psychological abuse. One FSB official threatened to hand me over to the president of Chechnya. At first, the abuse and the beatings were constant. I was regularly placed in punishment cells and solitary confinement. I remember one particularly brutal instance. Some special forces soldiers, wearing masks and uniforms bearing no insignia other than the colors of the Russian flag, put a bag over my head, took me into the woods and tortured me. They hanged me by my handcuffs for hours and beat me in the head, groin and other parts of the body. They strangled me. They also simulated an execution, firing a gun next to my head. The next morning, which was two weeks after my arrest, I used a shaving blade to cut my abdomen and the veins on my arms to stop this abuse. Only then was I taken to the hospital; there, I finally managed to inform my family about my whereabouts. Despite a court decision ordering our deportation, my friend and I were illegally kept at a special detention center for illegal immigrants for three months. During this period, beatings and torture were constant. Three months later, my friend was released and taken to the Ukrainian border, while I was suddenly charged with possessing explosives. The court found me guilty in spite of the absurdity of these accusations and the absence of any evidence. At first, I was sentenced to two years in prison, but an appeals court reduced the sentence to nine months. By that time, I had already spent a year in detention, so I was released. The fact that I'm free now is a testament to the publicity campaigns, international pressure and coordinated work of human rights advocates and lawyers. When I was in detention, guards informed me from time to time that another article about my case appeared in the press, or that another press conference dedicated to my case was held. They seemed to be alarmed by this activism, and kept saying that it should be stopped, that everything should be "done quietly." 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  • It's Time to Hold the Azerbaijan Regime Accountable

    Azerbaijani President Ilham Aliyev's habit of brutally silencing dissent may be finally catching up with him. A new bill introduced in Congress last month would require the U.S. State Department to deny visas to senior members of Aliyev's government until the country can prove it has ceased harassment of independent media and NGOs and made significant progress toward freeing its political prisoners. Despite facing long odds, the Azerbaijan Democracy Act of 2015 marks a major turning point. For years, the United States has struggled to muster any real condemnation of Azerbaijan's government, one of the most corrupt and repressive in the world. U.S. officials and lawmakers still routinely refer to their Azerbaijani counterparts as "friends" despite the fact that the former Soviet country's latest crackdown has been accompanied by a general turn away from the West. Or should we say partial turn. Azerbaijan wants to be at the table with Western nations when money is up for grabs, but it hasn't acquired the same taste for values about human rights and dignity. This juxtaposition was perhaps most apparent earlier this year when the country hosted the inaugural European Games, a 17-day competition featuring 6,000 athletes from 50 countries. The capital city of Baku spared no expense to project a modern, glamorous image during the event--even flying in Lady Gaga for a surprise performance. For many people, it was a first glimpse of Azerbaijan. But that glimpse was carefully choreographed. Foreign reporters who agreed to play by the government's rules were rewarded with access to the games; others,including Guardian sports correspondent Owen Gibson, were banned from attending after calling out human rights abuses in the country. What the cameras did not capture that night was the escape of Emin Huseynov, the founder of the Institute for Reporters' Freedom and Safety, who fled Azerbaijan for Switzerland on the private plane of the Swiss foreign minister. Huseynov first sought refuge at the Swiss embassy ten months earlier after Azerbaijani authorities raided his office. Other human rights advocates and journalists have not been as fortunate. Within a 10-day period in August 2014, Intigam Aliyev, Rasul Jafarov, and Leyla and Arif Yunus all were arrested. They were later subjected to speedy show trials resulting in lengthy prison sentences for crimes they did not commit. Leyla and Arif, both seriously ill, have recently been released to serve suspended sentences but still face charges of treason. Employees of Meydan TV, whose founder reported receiving a high-level threat during the European Games, have been barred from leaving Azerbaijan, repeatedly questioned at the prosecutor's office, and detained without cause. Their families have also faced pressure. Two brothers of editor Gunel Movlud are currently being held on bogus drug charges. Most tragically, in August, Rasim Aliyev, a journalist and chairman of the Institute for Reporters' Freedom and Safety, died after he was severely beaten by attackers. Although the assault was reportedly connected to a criticism Aliyev made of a soccer player on Facebook, Aliyev had previously experienced threats against his life. The attack was one of hundreds against Azerbaijan's journalists in the past decade, including at least two other murders. Quiet diplomacy from the United States and the European Union has failed to reverse Azerbaijan's relentless pursuit of critics and civil society groups. The State Department called Leyla Yunus' release earlier this month a "welcome" development and a "positive step." Meanwhile, the deputy chairman of the opposition Popular Front Party, was arrested the day before, and the treason trial of dissident journalist Rauf Mirqadirov is still underway. But perhaps President Aliyev's luck is running out. In November, in an unprecedented step, the Organization for Security and Co-Operation in Europe's Office for Democratic Institutions and Human Rights, its Parliamentary Assembly, and the European Parliament all canceled monitoring missions to Azerbaijan to protest the irregularity of the country's parliamentary elections. Last month, Thorbjørn Jagland, secretary general of the Council of Europe, made a bold move of his own, announcing an inquiry into Azerbaijan's implementation of the European Convention on Human Rights. And on the same day, U.S. Congressman Chris Smith, chairman of the Helsinki Commission, introduced the Azerbaijan Democracy Act and held a hearing on the case of Khadija Ismayilova, one of the few journalists in Azerbaijan who dared to report on corruption among the country's ruling elite. Ismayilova was arrested last year and is now serving a seven and a half-year prison sentence. Ismayilova has kept up the pressure on her country even from behind bars. On the eve of the European Games, with the help of Sport for Rights, a coalition of international press freedom groups that recently published a report on Azerbaijan's human rights record, she managed to get a letter out of jail to The New York Times. "The truth is that Azerbaijan is in the midst of a human rights crisis. Things have never been worse," she wrote, urging the international community: "Do not let the government of Azerbaijan distract your attention from its record of corruption and abuse." Maybe now the world is ready to listen.

  • U.S. Bill Seeks Sanctions On Azerbaijani Officials For 'Appalling' Rights Record

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  • Human Rights Violations in Russian-Occupied Crimea

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  • Helsinki Commission Briefing to Probe Human Rights Violations in Occupied Crimea

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  • Best Practices for Rescuing Trafficking Victims

    Recent research indicates that more than 80 percent of human trafficking victims in the United States have contact with the healthcare system in the course of being trafficked. Some victims are even brought to the clinic by their trafficker. However, opportunities to identify trafficking victims during their interactions with doctors, nurses, and other healthcare workers are often missed. The briefing was the latest installment in the ongoing TVPA oversight series with a focus on best practice development for identifying--and rescuing--foreign trafficking victims in the U.S. Panelists included two foreign-born trafficking victims who shared insights on what helped them escape, and how doctors in the United States could have helped free them sooner. Expert analysis was also provided by panelists from the healthcare field and the NGO community.

  • Smith Resolution to Help Protect Jewish Communities in Europe Passes House Unanimously

    WASHINGTON—Following the recent upswing in violent anti-Semitic attacks in several European nations, the U.S. House of Representatives today unanimously passed legislation urging the United States and European governments to take key steps to help keep Jewish communities safe. The legislation was introduced by Helsinki Commission Chairman Rep. Chris Smith (NJ-04). “The number of violent anti-Semitic attacks has increased from 100 to 400 percent in some European countries since 2013,” said Rep. Smith, who co-chairs the Bipartisan Taskforce for Combating Anti-Semitism. “The murders in Paris, Copenhagen, and elsewhere reminded us that there are those who are motivated by anti-Semitism and have the will to kill.” H. Res. 354 calls on the U.S. Administration to encourage European governments, law enforcement agencies, and intergovernmental organizations to formally recognize and partner with Jewish community groups to strengthen crisis prevention, preparedness, mitigation, and responses related to anti-Semitic attacks. “This resolution calls for the United States Government to work with our European allies on specific actions that are essential to keep European Jewish communities safe and secure,” Rep. Smith continued. “It is based on consultations with the leading experts who are working directly with these communities.” The legislation passed today was endorsed by leading Jewish community groups including the Conference of Presidents of Major American Jewish Organizations, the Jewish Federations of North America, the American Jewish Committee, the Anti-Defamation League, the Orthodox Union, the Secure Community Network, and the Simon Wiesenthal Center. The 89 bipartisan co-sponsors included all seven of the other co-Chairs of the House of Representatives Bipartisan Taskforce for Combating Anti-Semitism: Reps. Ted Deutch (FL-21), Nita Lowey (NY-17), Eliot Engel (NY-16), Ileana Ros-Lehtinen (FL-27), Kay Granger (TX-12), Steve Israel (NY-03), and Peter Roskam (IL-06). “Jewish Federations are grateful to the House of Representatives for passing a responsive resolution today, which provides a needed framework for how the U.S. government and Jewish community security groups like the Secure Community Network can work with their European counterparts to combat increasing anti-Semitic attacks in Europe,” said William C. Daroff, Senior Vice President for Public Policy and Director of the Washington Office of the Jewish Federations of North America. “Jewish Federations are proud to have worked with Congress on this resolution's language and passage.” “Battling the anti-Semitic threats facing European Jewish communities is vital to ensure the democratic and pluralistic fabric of Europe for all its citizens,” said American Jewish Committee Executive Director David Harris. “This resolution sends a powerful message that battling the anti-Semitic threats facing European Jewish communities is a shared responsibility.” “As a former law enforcement executive responsible for the investigation and prosecution of hate crimes, I applaud the unwavering leadership and determination of Congressman Smith for bringing this resolution to fruition,” said Paul Goldenberg, National Director of the Secure Community Network.  “It is a time of tremendous need, concern and uncertainty for all faith-based communities who face intimidation, hate crimes and fear of violence.” Rep. Smith has a long record as a congressional leader in the fight against anti-Semitism.  He is the author of the provisions of the Global Anti-Semitism Review Act of 2004 that created the Office to Monitor and Combat Anti-Semitism within the U.S. State Department. Following his 2002 landmark hearing on combating the escalation of anti-Semitic violence in Europe, “Escalating Anti-Semitic Violence in Europe,” he led a congressional drive to place the issue of combating anti-Semitism at the top of the Organization for Security and Cooperation in Europe (OSCE) agenda, as a result of which in 2004 the OSCE adopted new norms for its participating States on fighting anti-Semitism.  In 2009, he delivered the keynote address at the Interparliamentary Coalition Combating Anti-Semitism London conference. In the 1990s, he chaired Congress’s first hearings on anti-Semitism and in the early 1980s, his first trips abroad as a member of Congress were to the former Soviet Union, where he fought for the release of Jewish “refuseniks.”

  • The Russian Government Violates Its Security, Economic, Human Rights Commitments and Agreements

    Mr. Speaker, yesterday I chaired a hearing of the Helsinki Commission that examined the Russian government’s repeated violations of its international security, economic, and human rights commitments.  In accord with the three dimensions of security promoted by the OSCE and the Helsinki Final Act of 1975, the Commission looked at Russia’s respect for the rule of law through the lens of three ‘‘case studies’’ current to U.S.-Russian relations—arms control agreements; the Yukos litigation; and instances of abduction, unjust imprisonment, and abuse of prisoners.  Forty years after the signing of the Helsinki Final Act, we face a set of challenges with Russia, a founding member of the organization, that mirror the concerns that gave rise to the Helsinki Final Act.  At stake is the hard-won trust between members—now eroded to the point that armed conflict rages in the OSCE region. The question is open whether the principles continue to bind the Russian government with other states in a common understanding of what the rule of law entails.  In respect of military security, under the 1994 Budapest Memorandum Russia reaffirmed its commitment to respect Ukraine’s independence, sovereignty, and existing borders. Russia also committed to refrain from the threat or use of force or economic coercion against Ukraine. There was a quid pro quo here: Russia did this in return for transferring Soviet-made nuclear weapons on Ukrainian soil to Russia.  Russia’s annexation of Crimea and subsequent intervention in the Donbas region not only clearly violate this commitment, but also every guiding principle of the 1975 Helsinki Final Act. It appears these are not isolated instances. In recent years, Russia appears to have violated, undermined, disregarded, or even disavowed fundamental and binding arms control commitments such as the Vienna Document and binding international agreements, including the Conventional Forces in Europe (CFE), Intermediate Nuclear Forces (INF), and Open Skies treaties.  In respect of commercial issues, the ongoing claims regarding the Russian government’s expropriation of the Yukos Oil Company are major tests facing the Russian government. In July 2014, GML Limited and other shareholders were part of a $52 billion arbitration claim awarded by the Hague Permanent Court of Arbitration and the European Court of Human Rights (ECHR).  In response, the Russian government is threatening to withdraw from the ECHR and seize U.S. assets should American courts freeze Russian holdings on behalf of European claimants, while filing technical challenges that will occupy the courts for years to come. All of this fundamentally calls into question Russia’s OSCE commitment to develop free, competitive markets that respect international dispute arbitration mechanisms such as that of the Hague.  I note that U.S. Yukos shareholders are not covered by the Hague ruling for their estimated $6 billion in losses. This is due to the fact that the United States has not ratified the Energy Charter Treaty, under which European claimants won their case, as well as the continued absence of a bilateral investment treaty with Russia. This has handicapped U.S. investors in Russia’s energy sector, leaving them solely dependent of a State Department espousal process with the Russian government.  We were all relieved to learn that Mr. Kara-Murza is recovering from the attempt on his life—by poisoning—in Russia earlier this year. His tireless work on behalf of democracy in Russia, and his personal integrity and his love of his native country is an inspiration—it is true patriotism, a virtue sadly lacking among nationalistic demagogues.  Sadly, the attempt on Mr. Kara-Murza’s life is not an isolated instance. Others have been murdered—most recently Boris Nemtsov—and both his and Mr. Kara-Murza’s cases remain unsolved.  In other cases, such as the abductions, unjust imprisonments, and abuses of Nadiya Savchenko, Oleg Sentsov, and Eston Kohver, we are dealing the plain and public actions of the Russian government. Nadiya Savchenko, a Ukrainian pilot and elected parliamentarian, was abducted by Russian government agents, imprisoned, subjected to a humiliating show trial, and now faces 25 years in prison for allegedly murdering Russian reporters—who in fact were killed after she was in Russian custody.  Meanwhile, a Russian court has sentenced Ukrainian film director Oleg Sentsov on charges of terrorism. Tortured during detention, Sentsov’s only transgressions appear to be his refusal to recognize Russia’s annexation of the peninsula and his effort to help deliver food to Ukrainian soldiers trapped on their Crimean bases by invading Russian soldiers. And the kidnaping and subsequent espionage trial against Estonian law enforcement officer Eston Kohver demonstrates the Russia’s readiness to abuse its laws and judicial system to limit individual freedoms both within and beyond its borders.  The Magnitsky Act that I had the honor to co-sponsor was in part meant to address human rights abuses such as these. It sanctions those involved in the abuse, and works to discourage further human rights violations while protecting those brave enough to call attention to their occurrence. It troubles me greatly to hear that the Administration’s listings of sanctioned individuals has thus far only targeted ‘minor players,’ rather than those who pull the strings.  

  • Helsinki Commission Chair Chris Smith Shines Light on Egregious Rule-of-Law Abuses by Russian Government

    WASHINGTON—At a Congressional hearing today, the U.S. Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, spotlighted the many recent violations of the rule of law committed by the Russian government. “Forty years after the signing of the Helsinki Final Act, we face a set of challenges with Russia, a founding member of the organization, that mirror the concerns that gave rise to the Helsinki Final Act,” said Helsinki Commission Chairman Rep. Chris Smith (NJ-04), who called the hearing. “At stake is the hard-won trust between members, now eroded to the point that armed conflict rages in the OSCE region. The question is open whether the principles continue to bind the Russian government with other states in a common understanding of what the rule of law entails.” “Russia’s annexation of Crimea and subsequent intervention in the Donbas region not only clearly violate this commitment, but also every guiding principle of the 1975 Helsinki Final Act.  It appears these are not isolated instances.  In recent years, Russia appears to have violated, undermined, disregarded, or even disavowed fundamental and binding arms control commitments,” Smith continued. “[I also] question Russia’s OSCE commitment to develop free, competitive markets that respect international dispute arbitration mechanisms...[and recent government actions] demonstrate Russia’s readiness to abuse its laws and judicial system to limit individual freedoms both within and beyond its borders.” Witness testimony highlighted case studies corresponding to each of the three dimensions of comprehensive security established by the Organization for Security and Cooperation in Europe (OSCE): politico-military security; economic and environmental security; and human rights and fundamental freedoms. Tim Osborne, executive director of GML Ltd., the majority owner of the now-liquidated Yukos Oil Company, said, “It is clear that the Russian Federation is not honoring its obligations and commitments under the rule of law or in a manner consistent with the Helsinki process.  Russia’s tendency, more often than not, has been to ignore, delay, obstruct or retaliate when faced with its international law responsibilities…Russia cannot be trusted in international matters and that even when it has signed up to international obligations, it will ignore them if that is what it thinks serves it best.” “Russia had engaged in the uncompensated expropriation of billions of dollars of U.S. investments in Yukos Oil Company,” observed former U.S. Under Secretary of State for Economic, Business and Agricultural Affairs Ambassador Alan Larson. “American investors—who owned about 12 percent of Yukos at the time of the expropriation—have claims worth over $14 billion, and they are entitled to compensation under international law even though they have no option for bringing claims directly against the Russian Federation.” Vladimir Kara-Murza, a well-known Russian activist and the coordinator of the Open Russia Movement, said, “Today, the Kremlin fully controls the national airwaves, which it has turned into transmitters for its propaganda…the last Russian election recognized by the OSCE as conforming to basic democratic standards was held more than 15 years ago.” “There are currently 50 political prisoners in the Russian Federation,” Kara-Murza continued. “These prisoners include opposition activists jailed under the infamous ‘Bolotnaya case’ for protesting against Mr. Putin’s inauguration in May 2012; the brother of anti-corruption campaigner Alexei Navalny; and Alexei Pichugin, the remaining hostage of the Yukos case.” “A clear pattern emerges when one looks at Russia’s implementation of its arms control obligations overall,” observed Stephen Rademaker, former Assistant Secretary of State for Arms Control and International Security and Nonproliferation. “Should Moscow conclude such agreements have ceased to serve its interest, it will ignore them, effectively terminate them, violate them while continuing to pay them lip service, or selectively implement them…Russia believes that this is how great powers are entitled to act, and today Moscow insists on acting and being respected as a great power.” Chairman Smith was joined at the hearing by a panel of lawmakers including Commission Co-Chairman Senator Roger Wicker (MS) and Representative Robert Aderholt (AL-04).

  • Europe's Refugee Crisis: How Should the US, EU and OSCE Respond?

    This hearing, held on October 20, 2015, discussed possible responses to the Syrian refugee crisis.  Witnesses, including representatives from the American and Serbian governments, the UNHCR, the European Union, and non-profit groups working with refugees, highlighted the scale and intensity of the crisis.  Many of the witnesses also emphasized the need for cooperation among governments and between governments and non-profit organizations in addressing this crisis.

  • Smith Calls for Action on Worst Refugee Crisis in Europe since WWII

    WASHINGTON—At a hearing convened today by the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, Chairman Chris Smith (NJ-04) and other lawmakers scrutinized actions being taken to deal with Europe’s largest refugee crisis since World War II by the United States, European governments, regional bodies like the OSCE and the EU, and civil society. The Commission also reviewed recommendations on developing a long-term solution to the crisis. “The European crisis requires a response that is European, national, and international. There must be effective coordination and communication directly between countries as well as through and with entities like the OSCE and European Union,” said Rep. Smith, who called today’s hearing. “There is real human need and desperation. Refugees are entrusting themselves to smugglers and where there is human smuggling there is a higher risk of human trafficking,” he continued. “There is also the real threat that terrorist groups like ISIS will infiltrate these massive movements of people to kill civilians in Europe and beyond. I am deeply concerned that the screening at many European borders is inadequate and putting lives at risk. All of us must be responsive to the humanitarian needs without compromising one iota on security.” Smith said that “given the disproportionate number of men fleeing to Europe and potentially soon to the United States – currently only 14 percent of the refugees and migrants arriving via the Mediterranean Sea are women, 20 percent are children, and the remaining 65 percent are men – robust vetting is essential. We must ensure that lone wolf terrorists don’t turn into wolf packs.” Smith noted that during the conflict in Kosovo, he travelled to Stenkovec refugee camp in Macedonia and was at the McGuire Air Force Base in New Jersey to welcome some of the 4,400 people brought from there to the United States. A refugee – Agron Abdullahu – was apprehended and sent to jail in 2008 for supplying guns and ammunition to the “Fort Dix 5,” a group of terrorists who were also sent to prison for plotting to kill American soldiers at the Fort Dix military installation. Given Secretary Kerry’s announcement in September that the United States intended to resettle at least 85,000 refugees in fiscal year 2016, including at least 10,000 Syrians, and at least 100,000 refugees in fiscal year 2017, “The United State and Europe must be on high alert to weed out terrorists from real refugees,” Smith said. He added, “ISIS has committed genocide, mass atrocities, and war crimes, against Christians and other minorities. Religious and ethnic minorities often have additional risks and vulnerabilities even as refugees and should be prioritized for resettlement.”   Witnesses testifying at the hearing focused on the root causes of the refugee crisis as well as the current measures being put into place to help mitigate the humanitarian impact and ensure that security and economic challenges are addressed. In addition, witnesses emphasized the importance of a shared and coordinated response by all actors involved to ensure a long-term solution to the crisis. “It’s a very challenging situation,” said Anne Richard, Assistant Secretary of State for Population, Refugees, and Migration. “The scale of this migration is much bigger than before.” “The US government has a three-pronged approach: strong levels of humanitarian assistance; active diplomacy; and expanded refugee resettlement,” she continued. “Without our support, more people would be making the dangerous journey to the north.” “Europe is facing its biggest refugee influx in decades. UNHCR is calling upon the European Union to provide an immediate and life-saving response to the thousands of refugees as they are crossing the Mediterranean and making their way through Europe,” said Shelly Pitterman, Regional Representative to the United States and Caribbean, Office of the United Nations High Commissioner for Refugees. “Europe can no longer afford to continue with this fragmented approach that undermines efforts to rebuild responsibility, solidarity and trust among states, and is creating chaos and desperation among thousands of refugee women, men and children. After the many gestures by governments and citizens across Europe to welcome refugees, the focus now needs to be on a robust, joint European response.” “The ongoing refugee crisis is not a European crisis. It is a global crisis, fueled by conflicts, inequality and poverty, the consequences of which unfolded in Europe but the roots of which are far away from our continent,” noted EU Ambassador to the United States David O’Sullivan. “The EU and its Member States are firmly committed to the promotion and protection of the human rights of migrants. Despite the influx, we do not remove or return genuine refugees, we respect the fundamental rights of all persons arriving in the EU, and we invest major resources in saving lives at sea.” Djerdj Matkovic, Ambassador of the Republic of Serbia to the United States, said, “The OSCE region is witnessing the largest refugee influx in decades. Apart from being a significant economic challenge, this is a process with potentially very serious security implications and the cause of concern in regards to the respect for human rights… As the presiding country [of the OSCE] Serbia recognizes the importance of this issue and is trying to provide more active and concrete approach of the OSCE in addressing it. In light of this bleak security situation and looming instability, it is paramount that all the mechanisms that were designed and adopted by the participating States to oversee the implementation of commitments are strong and functioning.” Sean Callahan, chief operating officer of Catholic Relief Services, observed, “As global leaders in international humanitarian and refugee response, the US and Europe must find new and creative ways to help to alleviate this suffering and protect the vulnerable.  Pope Francis has led in this effort to do more by asking every Catholic parish in Europe to reach out and assist the refugees; he reminds us of our moral obligation to help the stranger... Despite efforts by [international NGOs] like CRS, local civil societies, governments, and non-traditional donors, the despair of so many refugees indicates that assistance must move beyond short-term band-aids to longer-term solutions.” Chairman Smith was joined at the hearing by a bipartisan group of lawmakers, including Senator John Boozman (AR), Senator Jeanne Shaheen (NH), Representative Michael Burgess (TX-26), Representative Randy Hultgren (IL-14), and Representative Joe Pitts (PA-16).

  • Russian Rule-of-Law Abuses to Be Examined at Upcoming Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “Russian Violations of the Rule of Law: How Should the U.S. Respond? 3 Case Studies” Wednesday, October 21 2:00 PM Rayburn House Office Building Room 2255 Live Webcast: http://bit.ly/1VRaf3G The actions of the Russian government have raised questions about Russia’s failure to respect its commitment to the rule of law in the areas of military security, commerce, and laws bearing on human rights – each corresponding to one of the three dimensions of security established by the Organization for Security and Cooperation in Europe (OSCE).   Using the Helsinki Final Act as a basis for discussion, the hearing will focus on security violations of the Budapest Memorandum; the Conventional Armed Forces in Europe (CFE), Open Skies, Intermediate Range Nuclear Forces (INF) treaties, and the Vienna Document.  Regarding international legal and commercial agreements such as the Energy Charter Treaty, the New York Convention and bilateral investment treaties the hearing will review developments in the Yukos Oil case.  On human rights, it will inquire into cases of abduction/unjust imprisonment, torture, and abuse, including those of Nadiya Savchenko, Oleg Sentsov, and Eston Kover.   The following witnesses are scheduled to testify: Vladimir Kara-Murza, Coordinator, Open Russia Movement Alan Larson, Senior International Policy Advisor with Covington & Burlington LLP, former Under Secretary of State for Economics and Career Ambassador, U.S. State Department      Tim Osborne, Executive Director of GML Ltd. - the majority owner of the now liquidated Yukos Oil Company Stephen Rademaker, Principal with the Podesta Group, Former Assistant Secretary of State for the U.S. State Department Bureau of Arms Control and the Bureau of International Security and Nonproliferation

  • Helsinki Commission Announces Hearing to Examine Europe's Refugee Crisis

    Europe is experiencing an enormous refugee crisis. An estimated half a million migrants and refugees have crossed the Mediterranean to Europe so far in 2015; as many as 50 percent are Syrian refugees.  Thousands more join them each day, and many of the European nations of the Organization for Security and Cooperation in Europe (OSCE) are struggling to cope.

    As the regional security organization in Europe, how can the OSCE use its tools, standards, and commitments to help manage the humanitarian crisis and ensure that security and economic challenges are addressed? What has the US government done, and what should it be doing? The hearing will examine the reasons for the current crisis; relevant OSCE and other European agreements, commitments, and structures; the response of the OSCE, the EU, and the US; potential security issues related to the ability of extremists to infiltrate the refugee stream; and the potential for refugees to become victims of human trafficking.

  • Bipartisan Congressional Delegation Represents US at OSCE Parliamentary Assembly; Also Visits Ukraine, Czech Republic

    Forty years after the signing of the Helsinki Final Act established the precursor to today’s Organization for Security and Cooperation in Europe (OSCE), five members of the Helsinki Commission and four other members of Congress traveled to the OSCE Parliamentary Assembly Annual Session in Helsinki to demonstrate the U.S. commitment to confronting Russian aggression in Ukraine and elsewhere. Led by Commission Co-Chairman Senator Roger F. Wicker (MS), the bicameral, bipartisan delegation organized by the Helsinki Commission included Commission Chairman Representative Chris Smith (NJ- 04); House Commissioners Robert B. Aderholt (AL-04), Steve Cohen (TN-09) and Alan Grayson (FL-09); and Representatives Gwen Moore (WI-04), Michael Fitzpatrick (PA-08), Richard Hudson (NC-08) and Ruben Gallego (AZ-07). Before attending the Annual Session from July 5 to 7, several members of the delegation also visited Ukraine and the Czech Republic. A central concern to the delegation throughout the trip was Russia’s restrictions on democracy at home and aggression in Ukraine, along with Russia’s threat to European security.

  • Ukraine Elections—Legitimate and Heroic

    Mr. Speaker, in a little more than two weeks, Ukraine will be holding presidential elections while Russia continues its campaign of aggression and destabilization. The evidence overwhelmingly indicates that the pro-Russian separatist militants that have been operating in parts of eastern Ukraine act at the behest and direction of the Russian government. President Putin has already said that the Ukrainian elections are illegitimate.  Yesterday Putin softened his tone with respect to the May 25 elections. Yet at this point words mean little unless they are matched by deeds. Putin has also claimed that the tens of thousands of troops deployed on Ukraine’s border are being pulled back, yet so far there is no evidence that this is happening.  The upcoming elections are legitimate—and more than legitimate. They are heroic—many people will be taking real risks of future reprisals in voting. Yet according to a recent IRI poll, an overwhelming 84 percent of Ukrainian citizens said they will definitely or are likely to vote in the elections, including a substantial majority in the two regions in which the militants are active. The vast majority of Ukrainians do not support the separatist movement, and wish to remain in a united Ukraine. It is up to the Ukrainian people—and only the Ukrainian people—to decide their own future through democratic means. It is not up to Russia— whose President famously said that the collapse of the Soviet Union was a ‘‘major geopolitical disaster . . . a genuine tragedy’’. These are views shared by few of the people living in Ukraine, whether they consider themselves Ukrainian or Russian, and few of the people living in the other non-Russian former Soviet republics.  The real tragedy here is the suffering of so many innocent people at the hands of militants, extremists, and hooligans—including the OSCE military monitors who were held hostage by the pro-Russian militants for more than a week. The militants have murdered a number of pro-Ukrainian activists and have kidnapped, threatened and intimidated others, including journalists who simply favor democracy and free speech. Some 40 people are in captivity in the separatist hotbed of Sloviansk alone. Minorities also have reason to be concerned— militants have attacked the Roma community and among Russian special forces in Ukraine are members of neo-Nazi and anti-Semitic groups. And over the weekend, we saw the terrible clashes in Odessa that resulted in the deaths of more than 40 people.  We must not forget Crimea, where the Russians are consolidating power and taking measures against Crimean Tatars and ethnic Ukrainians The revered long-time Crimean Tatar leader and former Soviet political prisoner, Mustafa Dzhemilev, has been banned from returning to his homeland. Other activists have been attacked and threatened. An overwhelming majority of Ukrainian citizens, even in the two regions where the pro- Russian separatists are most active and where most of the violence is taking place, don’t wish to join Russia, and certainly don’t want war.  I welcome U.S. and international assistance to Ukraine’s democratic and economic development, including for the upcoming elections. Especially important is helping Ukraine strengthen the rule of law and overcome the devastating legacy of corruption left in the wake of the ruinous Yanukovych regime. The U.S. and international community should redouble efforts to counter Russian aggression and to support the Ukrainian people’s overwhelming aspirations for peace, freedom, democracy and economic well-being. We must stand shoulder-to-shoulder with those who want dignity, peace and freedom, in solidarity against those seeking to impose foreign autocracy and imperial rule.

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