OSCE Supplementary Human Dimension Meeting Examines Intolerance and Discrimination during PandemicMonday, June 01, 2020
On May 25-26, 2020, the Organization for Security and Cooperation in Europe (OSCE) held the year’s first Supplementary Human Dimension Meeting (SHDIM). The event, which attracted more than 950 participants from 57 countries, focused on addressing intolerance and discrimination and was the OSCE’s first public event hosted in an entirely virtual format. During the event, representatives of governments, civil society, and OSCE institutions discussed the importance of immediate, robust, and coordinated responses to acts of scapegoating, racism, xenophobia, and anti-Semitism, especially during times of crisis. Participants underscored the need to reject hate speech both online and off, and shared best practices to prevent its escalation into violence. Recommendations centered on the shared goals of building inclusive and resilient societies that guarantee human rights for all. In her closing remarks, Shannon Simrell, the U.S. Helsinki Commission Representative to the U.S. Mission to the OSCE in Vienna, highlighted recent commission engagement on combating intolerance and discrimination. Under the leadership of Chairman Rep. Alcee L. Hastings (FL-20), the Helsinki Commission's ongoing commitment to building safe, equitable, and inclusive societies has been embodied by “On the Road to Inclusion,” a new interethnic, multicultural, inter-religious, and intergenerational initiative designed to build broad-based coalitions and crafts durable solutions, based on respect and meaningful engagement of all members of society. In addition, Helsinki Commission Ranking Member Senator Ben Cardin (MD), who also serves as the OSCE Parliamentary Assembly Special Representative for Anti-Semitism, Racism, and Intolerance, has directed funding to support OSCE’s comprehensive and multi-year Words into Action project, which develops inclusion handbooks for governments and communities. The second Supplementary Human Dimension Meeting of 2020, scheduled for June 22-23, will focus on freedom of expression, press freedom, and access to information. Closing Remarks by Shannon Simrell, U.S. Helsinki Commission Representative to the U.S. Mission to the OSCE On behalf of the U.S. Helsinki Commission, I wish to congratulate the Chair in Office for organizing this historic event, thank the speakers for sharing your expertise, and recognize my colleagues and civil society representatives for your thoughtful engagement on these issues. In the past two days, we have heard not only about the importance of immediate and definitive responses to acts of hate and intolerance, but also the importance of a comprehensive and long-term approach to dismantle the social, economic, legislative, and technological roots of discrimination. Crises such as the COVID-19 pandemic lay bare the significant work that still needs to be done across the OSCE region to address prejudice, racism, xenophobia, anti-Semitism, and all forms of discrimination. Helsinki commitments must be equally realized by everyone among us. Without exception. To ODIHR colleagues, thank you for your comprehensive approach to addressing hate crimes and intolerance while recognizing also the specific and varied challenges faced by various vulnerable groups, including Roma/Sinti, people of African descent, disabled, youth, women, and migrants and refugees. In support of ODIHR’s vital role, I note that U.S. Senator Ben Cardin, in addition to his role as OSCEPA Special Representative for Anti-Semitism, Racism, and Intolerance, is proud to have directed funding to support phase two of the Words into Action project. In addition, the Commission's commitment to building safe, equitable, and inclusive societies is further underscored by an initiative under the leadership of U.S. Helsinki Chairman Alcee Hastings, called “On the Road to Inclusion.” This interethnic, multicultural, inter-religious, and intergenerational initiative builds broad-based coalitions and crafts durable solutions, based on respect and meaningful engagement of all members of society. I look forward to future events where we can continue not only our exploration of the hurdles, but an update on ways we are working to guarantee human rights for all.
Disinformation, COVID-19, and the Electoral ProcessThursday, May 21, 2020
Listen to audio of the briefing on Facebook. Free and fair elections are one of the most fundamental measures of a democratic society. During the 2016 presidential elections, many Americans became aware for the first time that disinformation can be easily coupled with technology by state and nonstate actors to disrupt and muddy the information space in the months, weeks, and days leading up to an election. The use of disinformation to influence elections has since become a pervasive and persistent threat in all 57 OSCE participating States, one which many still struggle to adequately address. With presidential, parliamentary, or local elections scheduled in 15 OSCE participating States before the end of 2020, the stakes could not be higher. The COVID-19 pandemic has added another level of complexity, as Russia, China, and Iran are all attempting to use the crisis to drive a wedge between the United States and Europe. Governments in the region are struggling to respond, with some enacting measures that further restrict the free flow of information and threaten press freedom. This briefing featured three expert panelists who each examined the implications of this emerging threat to the electoral process and explored opportunities for nations, state and local governments, the private sector, and civil society to collaborate to identify and mitigate disinformation’s corrosive effects. Some of the more urgent concerns they noted were the increased politicization of the information space and the rise of nonstate actors. Heather Conley, Senior Vice President for Europe, Eurasia, and the Arctic at the Center for Strategic International Studies, noted, “Russia does not create the weaknesses; they simply exploit them. And this is where I think it’s very important to understand that in the U.S. system they’re exploiting, obviously, our partisanship. So we are offering them the weakness, and then they use it wherever they can.” Nina Jankowicz, Disinformation Fellow at the Woodrow Wilson Center Science and Technology Information Program and author of the upcoming book How to Lose the Information War, said the goal is often simply to bombard the information space with so much conflicting information, the voter loses interest: “They want people to consume less news and to feel like participation at all stages of the process is futile, whether that means communicating with our elected representatives, participated in civil society, or even the act of voting itself.” She added that partisanship cannot be permitted to frame the response to disinformation. “Disinformation is not a partisan issue,” she said. “If we’re to make any progress in protecting our democracies, we need to not only clearly recognize the threat that disinformation poses but reject its tactics whole cloth. Any government that uses disinformation cannot hope to fight it.” Chatham House’s Sophia Ignatidou called for a US-EU approach to combatting disinformation that was rooted in international human rights. She noted, “The reason for doing that is that international human rights law is suitable to deal with an issue that doesn’t respect any physical boundaries. And it can provide a more holistic view of the issue of disinformation which we are lacking sometimes.” Ignatidou also challenged one of the primary arguments that some of the big tech companies use to push back against regulation – freedom of expression – as misleading, because “the problem with disinformation is dissemination patterns and scale, not content, per se. And freedom of speech does not equate [with] freedom of reach.” Other questions centered on the importance of OSCE election monitoring missions paying more attention to how disinformation impacts the atmosphere surrounding an election in the months leading up to it. The discussion ended on a positive note as all three panelists, when asked to cite examples of successful efforts to mitigate disinformation, spoke about the importance of using trusted, credible voices at the grass-roots level and of building resilience among voters in a nonpartisan fashion. Related Information Panelist Biographies Podcast: Helsinki on the Hill | Defending against Disinformation A Global Pandemic: Disinformation Hearing: The Scourge of Russian Disinformation Briefing: Lies, Bots, and Social Media
Helsinki Commission Chairman Condemns Reported U.S. Withdrawal from Open Skies Treaty, Calls For New START ExtensionThursday, May 21, 2020
WASHINGTON—Following reports that the Trump administration has notified other governments of its intent to withdraw from the Treaty on Open Skies, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “The Open Skies Treaty has underpinned transatlantic security for decades, and has always enjoyed bipartisan support precisely because of its contributions to our security and that of our allies and partners,” said Chairman Hastings. “The Trump administration’s ideological opposition to arms control agreements has undercut transparency and predictability in Europe at a time when U.S. leadership is needed most. “The timing of this ill-advised decision so close to our elections is distasteful. The United States withdrawing from the Open Skies Treaty can only benefit Putin’s continuing campaign of aggression against Russia’s neighbors. I urge the administration to reconsider and instead work with Congress to double down on supporting our allies and partners in Europe, and particularly working to secure the prompt extension of the New START Treaty.” The Open Skies Treaty 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. 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 hotspots such as the Ukraine-Russian border. The New START Treaty between the United States and Russia limits each side’s intercontinental ballistic missile launchers, nuclear-capable heavy bombers, and deployed nuclear warheads, and includes a substantial verification regime to ensure the sides comply with the Treaty’s terms. New START is due to expire in February 2021, unless both parties agree to extend it for no more than five years.
Helsinki Commission Briefing to Examine Corrosive Impact of Disinformation on the Electoral ProcessMonday, May 18, 2020
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: DISINFORMATION, COVID-19, AND THE ELECTORAL PROCESS Thursday, May 21, 2020 10:30 a.m. – 11:30 a.m. Register to attend. Free and fair elections are one of the most fundamental measures of a democratic society. During the 2016 presidential elections, many Americans became aware for the first time that disinformation can be easily coupled with technology by state and nonstate actors to disrupt and muddy the information space in the months, weeks, and days leading up to an election. The use of disinformation to influence elections has since become a pervasive and persistent threat in all 57 OSCE participating States, one which many countries still struggle to adequately address. With presidential, parliamentary, or local elections scheduled in 15 OSCE participating States before the end of the year, the stakes cannot be higher. The COVID-19 pandemic has added another level of complexity, as Russia, China, and Iran are all attempting to use the crisis to drive a wedge between the United States and Europe. Governments in the region are struggling to respond, with some enacting measures that further restrict the free flow of information and threaten press freedom. This briefing will examine the implications of this emerging threat to the electoral process and explore opportunities for nations, state and local governments, the private sector, and civil society to collaborate to identify and mitigate disinformation’s corrosive effects. Expert panelists scheduled to participate include: Heather Conley, Senior Vice President for Europe, Eurasia, and the Arctic, The Center for Strategic and International Studies (CSIS) Nina Jankowicz, Disinformation Fellow, Woodrow Wilson Center Science and Technology Information Program; author of “How to Lose the Information War” Sophia Ignatidou, Academy Associate, International Security Programme, Chatham House
Human Rights and Democracy in a Time of PandemicTuesday, May 12, 2020
The outbreak of the novel coronavirus pandemic has prompted governments around the world to take extraordinary measures in the interest of public health and safety. As of early April, nearly two-thirds of the 57 participating States of the Organization for Security and Cooperation in Europe had declared “states of emergency” or invoked similar legal measures in response to the crisis. Often such measures have enabled governments to enact large-scale social distancing policies and suspend economic activity to save lives and preserve the capacity of national public health infrastructure to respond to the spread of infections. At the same time, human rights organizations and civil society activists have expressed concern regarding the breadth of some emergency measures and recalled the long history of government abuse of emergency powers to trample civil liberties. Exactly three decades ago, OSCE participating States unanimously endorsed a set of basic principles governing the imposition of states of emergency, including the protection of fundamental freedoms in such times of crisis. In 1990 in Copenhagen, OSCE countries affirmed that states of emergency must be enacted by public law and that any curtailment of human rights and civil liberties must be “limited to the extent strictly required by the exigencies of the situation.” According to the Copenhagen Document, emergency measures furthermore should never discriminate based on certain group characteristics or be used to justify torture. Building on these commitments a year later in Moscow, participating States underscored that states of emergency should not “subvert the democratic constitutional order, nor aim at the destruction of internationally recognized human rights and fundamental freedoms.” The Moscow Document stresses the role of legislatures in imposing and lifting such declarations, the preservation of the rule of law, and the value of guaranteeing “freedom of expression and freedom of information…with a view to enabling public discussion on the observance of human rights and fundamental freedoms as well as on the lifting of the state of public emergency.” In some corners of the OSCE region, however, national authorities are violating these and other OSCE commitments in the name of combatting coronavirus. While many extraordinary responses are justified in the face of this crisis, government overreach threatens the well-being of democracy and the resilience of society at a critical time. Download the full report to learn more.
Wicker and Cardin Urge Pompeo to Work with EU High Representative to Advance EU Magnitsky SanctionsMonday, May 11, 2020
WASHINGTON—In a letter released today, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) urged U.S. Secretary of State Mike Pompeo to ask the EU’s High Representative for Foreign Affairs and Security Policy, Josep Borell, to expedite the adoption of EU sanctions on human rights abusers, include provisions for sanctioning corruption, and ensure that the EU sanctions regime bears Sergei Magnitsky’s name. The letter reads in part: “In this time of global crisis, dictators and kleptocrats are only increasing their bad actions, making it more important than ever that the EU move quickly to make the EU Magnitsky Act a reality... “It has become clear that corruption and human rights abuse are inextricably linked. The lack of provisions to sanction corruption would weaken the comprehensive Magnitsky approach. It would also lead to difficulties synchronizing U.S. and EU sanctions by enabling corrupt officials barred from the United States to continue operating in the EU, thus diminishing our deterrent and increasing Europe’s vulnerability to exploitation... “It was Sergei Magnitsky who started this very effort to end impunity for human rights abusers and corrupt officials. Omitting the name of Magnitsky, who was jailed, tortured, beaten, murdered, and posthumously convicted, would indicate a lack of resolve to stand up to brutal regimes around the world.” The U.S. Global Magnitsky Human Rights Accountability Act, which authorizes the President to impose economic sanctions and deny entry into the United States to any foreign person he identifies as engaging in human rights abuse or corruption, has been an important asset in the U.S. diplomatic toolkit. In December 2019, High Representative Borrell announced that all Member States unanimously agreed to start preparatory work for an equivalent of Global Magnitsky, adding that such a framework would be “a tangible step reaffirming the European Union’s global lead on human rights.” The Baltic States, Canada, and the UK already have adopted similar legislation. However, the current proposal for an EU Magnitsky Act does not include sanctions for officials involved in corruption, nor does it include any reference to Sergei Magnitsky by name. The full text of the letter can be found below: Dear Mr. Secretary, As the original sponsors of the Magnitsky Act, we aim to increase the impact of the legislation worldwide by encouraging our allies to join us in sanctioning bad actors. At the moment, the European Union (EU) has agreed in principle to adopt their own sanctions similar to those provided by the Global Magnitsky Act, but certain issues remain. Therefore, we ask that you work with Josep Borrell, High Representative of the EU for Foreign Affairs and Security Policy, to ensure the EU adopts and implements the most thorough and effective sanctions package possible. Our first concern is that the EU seems to have stalled in putting together the details of their Magnitsky sanctions regime because of the global health crisis. In December, High Representative Borrell announced that there was political agreement to move forward on a Magnitsky-like piece of legislation, which his team would begin drafting. Since then, we fear this work has been sidelined. In this time of global crisis, dictators and kleptocrats are only increasing their bad actions, making it more important than ever that the EU move quickly to make the EU Magnitsky Act a reality. Our second concern is that the proposal for an EU Magnitsky Act does not include sanctions for officials involved in corruption. It has become clear that corruption and human rights abuse are inextricably linked. The lack of provisions to sanction corruption would weaken the comprehensive Magnitsky approach. It would also lead to difficulties synchronizing U.S. and EU sanctions by enabling corrupt officials barred from the United States to continue operating in the EU, thus diminishing our deterrent and increasing Europe’s vulnerability to exploitation. Finally, we are concerned that the EU is not planning to include Magnitsky’s name on the sanctions regime. It was Sergei Magnitsky who stood up to a ruthless, violent, and corrupt state and demanded fairness and accountability for his fellow citizens. And it was Sergei Magnitsky who started this very effort to end impunity for human rights abusers and corrupt officials. Omitting the name of Magnitsky, who was jailed, tortured, beaten, murdered, and posthumously convicted, would indicate a lack of resolve to stand up to brutal regimes around the world. Therefore, we request that you ask the High Representative Borrell to expedite the adoption of their sanctions, include provisions for sanctioning corruption, and ensure that the EU sanctions regime bears Sergei Magnitsky’s name. It is important that we do not let our guard down and continue our global leadership in this important area. Sincerely, Benjamin L. Cardin Roger F. Wicker Ranking Member Co-Chairman
Respecting Human Rights and Maintaining Democratic Control during States of EmergencyFriday, May 08, 2020
Statement at the OSCE Parliamentary Assembly Webinar: Respecting Human Rights and Maintaining Democratic Control during States of Emergency President Tsereteli, Secretary General Montella, it is good hear from you. I am pleased to see that this Assembly has found ways to communicate, cooperate and collaborate — in spite of the distances that keep us apart, and as an expression of our shared commitments to our roles as legislators. At last year’s annual session, I was the lead sponsor of a supplementary item on “the role of civil society — individuals and non-governmental organizations — in realizing the aims and aspirations of the OSCE.” The resolution we adopted in Luxembourg acknowledges the critical role civil society plays in enhancing security and cooperation across all OSCE dimensions. I appreciate President Tsereteli appointing our colleague, the Honorable Pia Kauma, as the Assembly’s Special Representative to be an advocate for civil society engagement and she has done a great job so far. I am sorry, but not surprised that some governments have taken the need for emergency measures as an opportunity for repressive measures. Hungary is the only OSCE participating State that does not have a sunset clause for the expiration of its emergency measures, or requiring parliamentary approval for an extension. Parliamentary oversight is absolutely essential, especially when governments seek to exercise extraordinary powers. I believe we must also pay particular attention to those measures that relate to freedoms of assembly, association, and expression. I am also troubled by the heavy-handed disciplinary and punitive approach utilized in some areas, which exacerbates existing discriminatory and unconstitutional policing. I want to thank you, Director Gisladottir, for your attention to this and speaking out against the hate crimes and scapegoating of minorities, refugees and migrants. In the next legislation that will come before the U.S. Congress, I will support provisions to address hate crimes and other forms of discrimination in our societies recently highlighted by the pandemic. The February 25 profiling murder of Ahmaud Aubrey by his neighbors in the state of Georgia demonstrates the urgency of our fight for equity and justice for all beyond our current crisis. But I would like to pause here for a moment, to reflect on violations of fundamental freedoms that some governments had already imposed even before now. If a law or practice violated OSCE human rights and democracy norms before the pandemic, circumstances now will surely not cure that violation. Threats against journalists, restrictions on academic freedom, imprisoning people for their political views, and impeding or even criminalizing NGOs’ access to and communication within and outside their own countries — all of that is still inconsistent with OSCE commitments, and the pandemic does not change that. Principle VII of the Helsinki Final Act still holds: individuals still have the right to know and act upon their rights. I therefore add my voice to the international calls from OSCE institutional bodies and others around the world for the release of all prisoners of conscience given this pandemic. Prison populations are particularly susceptible to community spread. To address dangerous overcrowding, governments should work first and foremost to release those imprisoned for exercising their internationally recognized rights or those wrongly imprisoned contrary to international commitments. I regret Turkey's decision in particular to approve a plan to release 90,000 prisoners that excluded relief for any of the thousands of political prisoners, including opposition politicians, civil society activists, employees of U.S. diplomatic missions, and many more. Which brings me back to the important work of Special Representative Kauma. Civil society is not a luxury, it is essential. If anything, it becomes even more important during an emergency when governments may legitimately exercise powers, but those powers may not be unlimited, unchecked, or unending. A vibrant civil society plays a critical role in holding governments to account, particularly at times of great social stress. Those human rights groups, the parent-teacher organizations, book clubs, or food banks— all enrich our societies. Colleagues, this pandemic has upended elections across the OSCE region. According to the OSCE Parliamentary Assembly’s factsheet, forty OSCE participating States — including my own — have elections scheduled for this year. As we all rise to meet the challenge of conducting elections safely, we must maintain transparency regarding the entire electoral process, especially any changes to the timing of elections, methods of voting, or measures that impact campaigning. The United States is already debating these issues in preparation for November. Even in a pandemic, international and domestic election observation remains vital. We must find a solution to ensure that they are engaged and included even now.
Remarks from Sen. Cardin Concerning COVID-19 Emergency ResponsesFriday, May 08, 2020
OSCE PA Webinar: Respecting Human Rights And Maintaining Democratic Control During States of Emergency Thank you, Mr. President Tsereteli and Secretary General Montella, for organizing this dialogue. Director Gisladottir and Mr. Abramowitz, thank you for the work each of you is doing to shine a light on the human rights and democracy implications of emergency measures introduced in response to the COVID-19 pandemic, as well as the implications of other government actions taken during this public health crisis that may threaten the health of our democracies. As parliamentarians, we have a responsibility to ensure that the measures we introduce and which our governments implement are consistent with OSCE standards on human rights and democracy, including the 1991 Moscow Document’s commitments regarding states of emergency. Those actions must be necessary, proportional, transparent, and temporary. Emergency provisions which restrict freedom of speech or freedom of the media are especially concerning and may actually undermine our efforts to address this health emergency. We need to ensure that journalists, medical professionals, scientists and others can provide the public with information we need to battle covid. Muzzling independent voices undermines public confidence in government at a time when that confidence and public cooperation is critical to the success of the safety measures we need. And yes, sometimes this means governments are going to hear they they’re not getting it right and sometimes governments will need to make course corrections. But there’s a big difference between addressing bad news and suppressing bad news. A robust civil society is a critical partner to each of our governments and will strengthen our resilience. Unfortunately, just this virus exploits vulnerabilities of pre-existing conditions, some governments may exploit the human rights limitations already in place before this pandemic, including laws or practices that unduly restrict civil society, or limit the freedoms of expression, association, or assembly. President Tseretelli, your appointment of a Special Representative on Civil Society last August could not have come at a more important time. I hope members of this assembly will advance efforts to protect the core fundamental freedoms that are essential for civil society voices to be heard and support the work of my colleague, Special Representative Pia Kauma. We also need to ensure that civil society voices continue to be heard within the OSCE. As we look ahead to how the participating States organize human dimension activities this year, and particularly the annual Human Dimension Implementation Meeting, it is critical that we preserve the access and openness that have made the OSCE such an important forum for human right defenders. Whether OSCE meetings are in person or online, those standards of access should be preserved. Finally, democratic institutions, including as the rule of law, the independence of the judiciary, and free elections, must be preserved even during states of emergency. I think this is really one of the most important contributions of the 1991 Moscow Document — it speaks to these exact points: “A state of public emergency may not be used to subvert the democratic constitutional order.” “The participating States will endeavor to ensure that the normal functioning of the legislative bodies will be guaranteed to the highest possible extent during a state of public emergency.” “The participating States will endeavor to ensure that the legal guarantees necessary to uphold the rule of law will remain in force during a state of public emergency.” We may need to make changes in how our courts hear cases or the mechanics of our elections. But a health emergency does not diminish our commitment to ensure the integrity of our democratic institutions. The United States will proceed with our elections in a manner that ensures the public’s safety and respects the rights of voters, and consistent with our OSCE commitments. Thank you.
Chairman Hastings and Co-Chairman Wicker Commemorate World Press Freedom DayFriday, May 01, 2020
WASHINGTON—Ahead of World Press Freedom Day on May 3, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statements: "Given these uncertain and unprecedented times, it is more important than ever that journalists and media professionals are able to work freely and without retribution," said Chairman Hastings. "Unfortunately, journalists remain in jail throughout the OSCE region, while states like Russia, Azerbaijan, and Hungary criminalize providing essential information and transparency about the COVID-19 pandemic. Independent media continues to be assaulted under the pretense of punishing allegedly 'false,' 'misleading,' or unofficial information. This is unacceptable." Read Chairman Hastings' full Congressional Record statement. “Journalists across the globe risk their safety, and some even their lives, to report the truth," said Co-Chairman Wicker. "On World Press Freedom Day, we honor a freedom that is a cornerstone of democracy and should always be protected in any healthy society. During this pandemic, good journalism and unflinching investigative reporting are essential as we work to mitigate the effects of the coronavirus and get our economies started again. Now more than ever, I urge all OSCE states to uphold this fundamental freedom." According to the latest reports from the Committee to Protect Journalists, 250 journalists are imprisoned worldwide for their work, 64 journalists are missing, and 1,369 journalists have been killed since 1992. Additionally, Reporters Without Borders' 2020 World Press Freedom Index found that global press freedom has deteriorated by 12 percent since 2013. Ahead of World Press Freedom Day, OSCE Representative on Freedom of the Media Harlem Désir, along with the United Nations Special Rapporteur on Freedom of Opinion and Expression and the Organization of American States Special Rapporteur on Freedom of Expression, issued a joint declaration on freedom of expression and elections in the digital age, particularly noting challenges to press freedom during the COVID-19 pandemic. On April 17, Chairman Hastings and Co-Chairman Wicker released a statement expressing concern with the latest attacks on press freedom in Russia amid the coronavirus pandemic, including death threats to Russian journalist Yelena Milashina by Chechnya’s leader Ramzan Kadyrov. Earlier in April, Chairman Hastings also denounced the unchecked power granted to Hungarian Prime Minister Viktor Orban following his request to rule by decree in response to the COVID-19 pandemic.
Statement at the Meeting of the OSCE Parliamentary Assembly BureauMonday, April 27, 2020
Mr. President, Secretary General Montella, thank you for giving me the opportunity to participate in this Bureau meeting. I commend you for your efforts to ensure that the work of the Assembly continues and that this body responds to the urgent challenges all of our countries face. I particularly welcome the information you have put online about the participating States’ responses to the covid-19 pandemic and the role of legislative bodies in formulating those responses. Parliamentary oversight is essential, not expendable, in an emergency. Since my last report in Luxembourg, I have focused on the profound threat of rising and increasingly deadly intolerance. Anti-Semitic, racist and xenophobic attacks in my own country, at the Tree of Life Synagogue in Pittsburgh and the targeted killings of Latin Americans in El Paso, Texas, underscore the urgency of this threat. Obviously, the pandemic creates new and additional challenges. But it is precisely at this moment that we cannot afford to lower our guard against discrimination and bigotry, when pandemic fears may fan the flames of intolerance. Minority and immigrant communities are already more vulnerable to the impact of the pandemic because of past inequalities. Those disparities may be compounded without appropriately targeted healthcare and economic responses. Covid-caused disruptions in education may also have long-term disproportionate consequences for those already impacted by discriminatory schooling. As parliamentarians, we have a responsibility to ensure that the measures we introduce and which our governments implement are consistent with OSCE standards on human rights and democracy, including the 1991 Moscow Document’s commitments regarding states of emergency. It is also vital that our parliamentary oversight extends to the use of military authorities and policing, which may have the potential to exacerbate relations with minority communities and erode public confidence in government at a time when that trust is critical for the effective implementation of responses to this virus. Disciplinary and punitive policies by national or local authorities run the risk of backfiring. As this body’s special representative on anti-Semitism and racism, I am alarmed by attacks on people who are being scapegoated for this virus. Parliamentarians should lead by example in countering disinformation, conspiracy theories, and other propaganda that stokes anti-Asian bigotry, xenophobia, anti-Semitism, and other forms of racism. In the face of an extraordinary threat, people may feel that ordinary constraints on governments do not apply. But too often, temporary changes introduced for emergencies have a way of becoming permanent. I welcome the statements by my Third Committee colleagues that have called for the participating States’ responses to meet the basic tests of necessity, transparency, and proportionality. It is also crucial that they include sunset provisions and subject to periodic review. When democratic norms erode, protections against hate crimes do too. Mr. President, I will be reporting more fully on my activities later this year at a more opportune time, when we will all be able to assess the very fluid, unfolding challenges. Covid-19 will undoubtedly lead to profound changes in all our countries for a long time to come. I thank you and my colleagues here today for the work you are doing to ensure that we meet a global crisis with global cooperation faithful to the commitments we have undertaken in the OSCE.
Hastings, Wicker, Moore, and Hudson Mark the Third Anniversary of Joseph Stone’s Death in UkraineThursday, April 23, 2020
WASHINGTON—Three years after the death of Joseph Stone, a U.S. paramedic serving with the OSCE Special Monitoring Mission (SMM) in Ukraine, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) recalled Stone’s tragic death in the Russia-driven conflict and lamented the suffering of civilians who remain the chief victims of Kremlin aggression. Stone was killed on April 23, 2017, when his vehicle struck a landmine in Russian-controlled territory in eastern Ukraine. “Another year has passed since Joseph Stone lost his life, and still Moscow’s war in eastern Ukraine rages on,” said Chairman Hastings. “Stone was killed as he helped document the senseless human suffering inflicted by the Kremlin’s assault on Ukraine. Even amidst a global pandemic, we must not forget the civilians with courage like Stone, who remain on the frontlines of conflict zones globally.” Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) underlined the Russian Government’s responsibility for the war’s ongoing toll and affirmed that the Kremlin would continue to face consequences for its aggression. “The Kremlin continues to fuel this war while denying its direct involvement,” said Co-Chairman Wicker. “Joseph Stone’s death three years ago was a direct result of Russian aggression, which is only part of Vladimir Putin’s broader campaign against Ukraine. Our sanctions will remain in place until Moscow changes course and Ukraine’s territorial integrity is restored.” Helsinki Commissioner Rep. Gwen Moore (WI-04) celebrated Stone’s contributions to regional security and condemned the threats OSCE monitors continue to face in the field. “Born in my district in Milwaukee, Joseph Stone was a courageous young man whose life tragically ended much too soon. All OSCE states, including Russia, must do everything possible to support the OSCE monitors who, to this day, face unacceptable threats and restrictions as they shine a light on the daily cost of this needless war,” said Rep. Moore. Helsinki Commissioner Rep. Richard Hudson (NC-08), who also chairs the OSCE Parliamentary Assembly Committee on Political Affairs and Security, called for the immediate lifting of new, baseless restrictions imposed by Russian-led forces under the pretext of COVID-19. “Even as OSCE monitors seek to report on the COVID-19 outbreak’s impact on vulnerable populations, Russian-controlled forces are using so-called quarantine restrictions to deny them access,” Rep. Hudson said. “The increasing limitations by Moscow-led forces also stall crucial humanitarian shipments and services by international organizations. This obstruction and harassment must cease immediately.” The SMM was established in 2014 to monitor implementation of the Minsk agreements, which were designed to bring peace to eastern Ukraine. It is an unarmed, civilian mission that serves as the international community’s eyes and ears on the security and humanitarian situation in the conflict zone. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia, and Ukraine. It currently fields roughly 750 monitors, approximately 600 of whom are in the Donetsk and Luhansk regions of Ukraine. The United States supports the SMM by providing 54 monitors (the largest contingent) and has contributed more than $140 million to the mission since its inception.
Ongoing Transatlantic Engagement through the OSCE Parliamentary AssemblyFriday, April 17, 2020
Madam SPEAKER, I rise to today to update my Congressional colleagues on continued discussions between members of the Organization for Security and Co-operation in Europe (OSCE) Parliamentary Assembly. I would also like to share the desire of our international friends and allies to remain engaged with the United States during these challenging times. My colleagues who serve with me on the U.S. Helsinki Commission and remain active include Representative Alcee Hastings of Florida, Representative Joe Wilson of South Carolina, Representative Steve Cohen of Tennessee, Representative Robert Aderholt of Alabama, Representative Gwen Moore of Wisconsin, Representative Chris Smith of New Jersey, as well as Senator Wicker of Mississippi and Senator Cardin of Maryland. As the United States Delegation to the OSCE Parliamentary Assembly, we recognize the importance of building partnerships with our counterparts from other countries especially during such unprecedented times. As the Chairman of the Committee on Security, I recognize multilateral diplomacy works to U.S. interests when we take the initiative. Parliamentarians have a special role to play as elected officials in this process, showing the depth of each of our country’s commitment to security and cooperation not only in Europe, but around the globe. During our most recent video conference, Italian Minister for European Affairs, Vincenzo Amendola, joined to update us on Italy’s response to COVID-19. He stressed the need for continued cooperation in response not only to the health threat but also to the economic havoc the pandemic has caused. Shortly after our video conference concluded, Secretary of State Mike Pompeo announced the United States will provide an additional $225 million in health, humanitarian and economic assistance to boost response efforts worldwide. This is in addition to the $274 million already deployed to fight COVID-19. In the past two decades, the Secretary noted, the United States has provided $140 billion in health assistance globally, helping to make us an undisputed leader in health and humanitarian aid. Some of this aide has been to countries in Europe, including Italy. I would add that this is not only a reflection of our country’s unmatched generosity over the decades, but our national interest as well. Many of the health threats we have faced come from beyond our borders, including COVID-19, and we have an interest in trying to respond effectively to those threats where they first develop, before they reach our shores. A final outcome of the recent video conference was endorsement of United Nation Secretary General Antonio Guterres’ recent call for a ceasefire regarding conflicts around the globe at this time when countries need to face a common pandemic threat. The Helsinki Commission provides Members of Congress with the opportunity to work with our friends and allies around the globe to promote our shared democratic values and work in a bipartisan fashion on core foreign policy issues. While our calls have been focused on fighting COVID-19 we are still tracking other international conflicts. For example, during the video conference I, along with other parliamentarians, raised the issue of the unwarranted Russian aggression in Ukraine and Georgia. I am encouraged by the level of engagement from my OSCE Parliamentary Assembly colleagues and will continue to work with them through this global pandemic. Madam SPEAKER, please join me today recognizing the importance of these discussions with our European allies and friends.
Expressing the United States’ Solidarity with Friends and Allies in EuropeTuesday, April 07, 2020
Madam SPEAKER, I rise to report discussions I had last week during a video conference with members of the Organization for Security and Co-operation in Europe (OSCE) Parliamentary Assembly, and their response to COVID-19. Let me stress at the outset that our country has not only treaty-bound allies in Europe, but genuine friends. Our friends and colleagues abroad welcomed Senator Roger Wicker and my participation on behalf of the United States to discuss how we will continue our important duties amidst the dire situation facing the globe. I reported on the increasingly dire situation here in the United States and the efforts of the U.S. Congress to provide relief to our citizens. We all expressed solidarity with each other and a determination to move forward. Every country in Europe is affected by this pandemic, Madam Speaker, just as every state in the United States is affected. The President of the Lombardy in Italy spoke about the particularly critical situation his region is facing. In a crisis like this, while we have our primary responsibilities here at home, it is imperative we continue to help our international friends and partners. I assured our partners that the United States will continue to support our allies and provide considerable assistance to public health worldwide. Such expressions of transatlantic unity, in my view, are important in times like these. They give our European friends and allies the confidence they need to move forward. It also helps to counter the considerable amount of misinformation and misperception currently spreading and dispel the malign influence attached to offers of help and friendship from elsewhere around the globe. We cannot let ulterior motives divide and weaken our ties at this time of vulnerability. In spite of this crisis, other threats to European security have not gone away. Russian aggression against its neighbors, terrorist threats, and protracted conflicts in Eastern Europe and the Caucasus all still exist, requiring our continued attention. Much of our parliamentary conversation focused on how we can address these continual challenges we face while we are unable to meet and deliberate in person as scheduled. Despite the uncertainty, the OSCE Parliamentary Assembly will find a way and with a little creativity, will continue having these important discussions. A final point made in the video conference is the need to defend our democratic principles and human rights in a time where restrictions and limits are imposed that could be abused. Our country defended Europe from tyranny last century, so it is rewarding to see our friends and allies determined to preserve those gains moving forward into this century. Madam Speaker, we have the capacity to address the ongoing threats to our security even as we address this unprecedented public health crisis amidst an economic downturn. The bicameral group of legislators who serve on the U.S. Helsinki Commission do so in a bipartisan way, and when we participate in the OSCE Parliamentary Assembly, we do so with our European friends and allies in this effort. I concluded from my discussions last week that more difficult times may lie ahead, but by working together, we will persevere. Madam SPEAKER, please join me today recognizing the importance of these discussions with our European allies and friends. Thank you, Madam SPEAKER. I yield back the balance of my time.
Chairman Hastings Denounces Unchecked Power Granted To Hungary’s Prime Minister OrbanThursday, April 02, 2020
WASHINGTON—Following the Hungarian Parliament’s decision on Monday to accept Prime Minister Viktor Orban’s request for unlimited power to rule by decree in response to the coronavirus pandemic, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “Prime Minister Orban has taken gross advantage of the fear and uncertainty brought on by a global pandemic to secure the power to rule by decree in perpetuity. Instead of focusing on the well-being of Hungarian citizens likely to suffer from the coronavirus, he has chosen to prioritize preserving his parliamentary majority and permanently consolidating his control of the Hungarian Government. “At both the global and national levels, defeating the coronavirus will require extraordinary social solidarity, not unchecked executive power. The further concentration of powers in Hungary will only pave the way for the further concentration of corruption.” Among other provisions, the new law allows for up to a five-year prison sentence for spreading false or distorted information regarding the fight against the coronavirus, which could be used against journalists reporting on the state of Hungary’s hospitals or health care delivery. The law also suspends elections. Hungary has recently completed a cycle of elections (parliamentary, European Parliament, and municipal) with no other major elections scheduled until 2022. In the meantime, by-elections and referenda are prohibited. The law, which lacks a sunset clause, may only be repealed by a two-thirds vote of parliament, or terminated by the Prime Minister himself. In 1991, Hungary—along with all other OSCE participating States—adopted the Moscow Document in the aftermath of a coup attempt in Russia. The agreement includes specific provisions on states of emergency. In particular, the OSCE participating States agreed to “in conformity with international standards regarding the freedom of expression, take no measures aimed at barring journalists from the legitimate exercise of their profession other than those strictly required by the exigencies of the situation.” On March 30, OSCE Office for Democratic Institutions and Human Rights (ODIHR) Director Ingibjörg Sólrún Gísladóttir warned that emergency legislation being adopted by governments across the OSCE region, including Hungary, must include a time limit and guarantee parliamentary oversight. Since 2010, Viktor Orban has systematically dismantled a system of checks and balances, facilitating the consolidation of control by the Fidesz government. In April 2019, the Helsinki Commission hosted a briefing to explore developments in Hungary, including issues related to the rule of law and corruption.
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E.U. Tries Gentle Diplomacy to Counter Hungary’s Crackdown on DemocracyTuesday, March 31, 2020
European leaders were reluctant to pick a fight with Prime Minister Viktor Orban a day after he secured powers to rule by decree indefinitely. BRUSSELS — The European Union’s written response to Hungary’s effective suspension of democracy omitted one important word: Hungary. A day after the Hungarian Parliament passed sweeping emergency measures allowing the far-right populist leader Viktor Orban to rule by decree indefinitely, ostensibly as part of the country’s response to the coronavirus, the European Commission on Tuesday reminded its members to respect rights. But it was a muted first response from the one institution that can take on Mr. Orban, and it appeared aimed at balancing the political imperative of cooperation in the era of the coronavirus with the risk of emboldening him. “It’s of utmost importance that emergency measures are not at the expense of our fundamental principles and values,” Ursula von der Leyen, the president of the European Commission, said in a statement that made no mention of Mr. Orban or Hungary. The European Commission is the European Union’s executive branch, and it often describes itself as “the guardian of the treaty” that created the bloc of 27 democracies. But Mr. Orban has long been in an open struggle with parts of that treaty. He has said frankly that he does not believe in liberal democracy — which the European Commission says is fundamental to the European Union’s values. The severe measures adopted Monday in Budapest may dramatically ratchet up the confrontation between the Orban government and European Union institutions in Brussels. Hungary’s new legislation suspends elections and also allows the prime minister to suspend existing laws and rule by decree. One vaguely worded section also says that people found to be spreading “falsehoods” or “distorted truths” that obstruct the authorities from protecting the public may be punished with prison sentences of up to five years. That new tool that may allow Mr. Orban to further curb the press freedoms long in his cross hairs. To be sure, in the face of the epidemic, European countries have all to lesser or greater extent adopted emergency measures curbing liberties, including measures that require citizens to register any movement and observe curfews. But Hungary’s new rules are the most far reaching. And rights experts, political analysts and academics say that, given Mr. Orban’s track record and espousal of “illiberal democracy,” the measures he says he is taking to fight the virus could become fixtures in Hungarian public life, used to crack down on opposition well after the threat of the virus passes. European Union officials believe that the statement issued Tuesday, which came from Ms. von der Leyen personally, sent a clear message to Mr. Orban — even without naming him. European Commission lawyers are now closely watching how he enforces Hungary’s new measures, the officials said. But they said that now — as Europe battles to stem the spread of the virus and mitigate its catastrophic economic damage, and with many nations suspending some liberties — was not the moment to pick a fight with just one member. That measured approach surprised some observers, despite the fact that the commission often takes a conciliatory stance toward wayward members in a bid to entice them to reform voluntarily. (That has never worked with Hungary.) “It is bizarre,” Daniel Freund, a member of the European Parliament who belongs to the German Greens political party, said of Ms. von der Leyen’s statement. “The decision that the Hungarian Parliament took yesterday is a watershed moment,” Mr. Freund said. “Now you have to do something, or we really lose democracies.” Mr. Freund and other members of the European Parliament believe that even before the European Commission opens a formal investigation into Hungary’s new law, which would take months, it should use existing rules to put pressure on Mr. Orban. “If we end up after the crisis with a virus well fought but democracy lost in several member states, that’s an unacceptable situation,” Mr. Freund said. Daniel Kelemen, a professor European Union politics and law at Rutgers University, said the epidemic could prove an opportunity for the Hungarian leader. “Throughout his consolidation of power, Orban has counted on the European Union to be distracted with other crises,” he said. “But now,” Mr. Kelemen said, “the scale of this crisis does call for consolidation of power for the executive, so it gives him more effective cover for this next stage of escalation.” Mr. Orban’s hold on power was unparalleled by European Union standards well before Monday’s vote authorizing him to rule by decree. In practical terms, Mr. Orban and his allies already controlled the legislative and executives branches of government, and had stacked the Constitutional Court. With Mr. Orban’s parliamentary opposition unable to slow his political machine, the European Union has shown itself to be the only entity capable of curbing his power, but the results have been mixed. Lengthy and cumbersome European Union legal proceedings could not stop Mr. Orban and his allies from taking over the Hungarian media landscape, weakening the independence of the judiciary, levying a special tax on nongovernmental organizations receiving foreign funding, or ejecting the Central European University from the country. In the end it may be Mr. Orban’s love for European financial aid, not freedoms, that acts as a brake on his government. “Aware that the European Union is watching, Orban is likely to tread modestly at first,” said Mujtaba Rahman, the head of Europe at Eurasia Group consultancy. “He will not wish to put at risk the €5.6 billion windfall granted to Hungary by the European Parliament last week as its portion in the union’s efforts to battle the coronavirus." President Trump has warmly embraced Mr. Orban. Mr. Trump’s ambassador in Hungary has spoken glowingly about Mr. Orban’s grip on power and said that Mr. Trump would love to have the powers of his Hungarian counterpart. But Mr. Orban’s autocratic tendencies have long alarmed others in Washington, particularly lawmakers who serve on the Commission on Security and Cooperation in Europe, known as the Helsinki Commission. A congressional delegation visited Hungary last year to investigate democratic backsliding.
Representative Millicent FenwickThursday, March 26, 2020
By Annie Lentz, Max Kampelman Fellow On August 1, 1975, after years of negotiation and debate, the leaders of 35 nations gathered in Helsinki, Finland to sign the Helsinki Final Act, also known as the Helsinki Accords. The Helsinki Final Act—the founding document of today’s OSCE—is not a treaty, but rather an international agreement outlining 10 guiding principles for inter-state relations, among them respect for human rights and fundamental freedoms. The Helsinki Final Act marked the first time that the Soviet Union had signed a transnational agreement that included language on protecting human rights. With the passage of the act came a wave of hope that renewed value would be placed on human rights and freedom in the signatory countries. However, U.S. public opinion was not behind the Helsinki Final Act. Public understanding of the document was mired in misperceptions, and the agreement remained controversial even after it was signed by President Gerald Ford. While the Helsinki Final Act was eventually met with hard-won respect in the U.S.—including that of Secretary of State Henry Kissinger, who was originally skeptical of its utility—not all signatory countries adhered. The biggest transgressor was the Soviet Union, which jailed its citizens, restricted them from leaving the country, and limited their freedoms, all in direct violation of the Helsinki Final Act. Some in Congress began looking for ways to hold the Soviet Union accountable for its actions. The Commission on Security and Cooperation in Europe (also known as the Helsinki Commission)—the brainchild of the courageous and tenacious Rep. Millicent Fenwick—was the result. Rep. Millicent Fenwick Millicent Fenwick was born in New York City on February 25, 1910. Raised in New Jersey, she became involved with politics in the 1950s through the civil rights movement. Finding her footing in New Jersey politics, Fenwick ran and won a seat in the New Jersey Assembly, ultimately becoming elected to Congress as a representative for New Jersey in 1974. She was 64 years old. Appalled by the Russian neglect of the Helsinki Final Act and the theft of freedom from its citizens, the newly elected Rep. Fenwick projected a resounding voice on the topic of human rights advocacy and accordance to the Helsinki Final Act. Rep. Fenwick’s activism was prompted by a 1975 visit to Russia, one week after the Helsinki Final Act was signed. As noted in Amy Shapiro’s book, Millicent Fenwick: Her Way, the visit brought on a revelation. “You read about an automobile accident and you’re shocked,” Rep. Fenwick said. “But you come upon that accident and see the blood on the victims and hear their cries – how different it is. Well, that’s what it was like to go to Russia and hear the cries of all these desperate people.” Specifically, Rep. Fenwick empathized with the case of Lelia Ruitburd, whose husband and son were arrested by the police at the Yalta Airport for conspiring to emigrate. While Ruitburd’s son was eventually released, her husband disappeared forever. Ruitburd lived the remainder of her life worried, anxious, and utterly alone, all because her family had hoped for a better life outside of the Iron Curtain. Witnessing such devastation first-hand, Rep. Fenwick leapt into action, becoming one of the two primary advocates for the creation of a U.S. body to observe and promote compliance with the human rights provisions of the Helsinki Final Act, alongside Sen. Clifford Case, also of New Jersey. Establishment of the Helsinki Commission Rep. Millicent Fenwick, President Gerald Ford, and Senator Clifford Case at the signing of Public Law 94-304. Rep. Fenwick’s advocacy manifested in Public Law 94-304 of June 3, 1976, the legislation that created the Helsinki Commission. Her partnership with Senator Case was instrumental in passing the law. The new law authorized the Helsinki Commission “to monitor the acts of the signatories which reflect compliance with or violation of the articles of the Final Act…with particular regard to the provisions relating to human rights and Cooperation in Humanitarian Fields.” This mandate extended to other areas covered by the Helsinki Final Act, including economic cooperation and the exchange of people and ideas between participating States. The primary goals of the commission were to strengthen the legitimacy of human rights monitoring; to defend those persecuted for acting on their rights and freedoms; to ensure that violations of Helsinki provisions were given full consideration in U.S. foreign policy; and to gain international acceptance of human rights violations as a legitimate subject for one country to raise with another. Backlash for Oversight Within the U.S. the establishment of the Commission was controversial. Public Law 94-304 was signed against the advice of senior foreign policy advisors, including Secretary of State Kissinger. As noted in Shapiro’s book, Kissinger “preferred bilateral negotiations between Washington and Moscow rather than dealing with another thirty-plus nations assembled at the table,” and was equally skeptical of the value of the Helsinki Commission. When questioned whether the establishment of the Helsinki Commission was provocative, Fenwick maintained it was not. In an interview with Meet the Press in 1977, Fenwick argued, “It is not our actions that are probing this sensitive thing. It is the fact that the government of the Soviet Union signed something saying to its citizens that they have the right to travel, that they have the right to reunification of families, that they have the right to information.” Fenwick continued, “We must abide by the condition that the international organizations are living by.” After its establishment, Rep. Fenwick became an original member of the Helsinki Commission and served as a commissioner until she retired from Congress. Her time in the House of Representatives continued to be impactful and courageous. She was lauded by the press for her diligence and ethics, classified by Walter Cronkite as “the conscience of Congress.” She remained a strong opponent of corruption and a driving advocate for human and civil rights throughout her tenure. Rep. Fenwick set the tone for the continued commitment of the U.S. Congress to the Helsinki Final Act and established a base from which human rights could be prioritized in U.S. policy that is still in use today.
Reflecting on ChechnyaFriday, March 13, 2020
By Mia Speier, Max Kampelman Fellow On December 11, 1994, Russian forces advanced into Chechnya, a republic in the North Caucasus near Georgia and Azerbaijan, to stop an attempt at secession. A Chechen separatist movement started to gain momentum following the collapse of the Soviet Union and the Russians refused to allow any chance at separation. This marked the start of the First Chechen War, a conflict that erupted after decades of hostilities between the former Soviet government and the Chechen forces. The war dragged on for nearly two years, destroying the capital city of Grozny and killing tens of thousands of people—mostly civilians. The conflict, which started as an internal national movement, was complicated by flows of foreign money and foreign fighters. Militant Islamists joined the fight against Russia during the latter half of the war as part of a declared global jihad. Officials in Russia feared a repetition of the violence that occurred during the Soviet war in Afghanistan nearly a decade prior. Though Russia withdrew from Chechnya for a short time after the first war, the Second Chechen War broke out in 1999. This second war began after Putin blamed Chechen secessionists for bombings that killed Russian civilians, although there was no evidence of Chechen involvement in the bombings. Russian forces were sent into the republic again, and the Russian government succeeded in putting Chechnya under its control. Since then, the region has been a republic of Russia and is governed by Putin-appointed president Ramzan Kadyrov. Amid the conflict, however, the international community took steps to confront Russian aggression and violence in the region. On March 13, 1997, the U.S. Helsinki Commission convened a hearing called “The Future of Chechnya,” to discuss the efforts of Chechen citizens to free themselves from Russia’s painful yoke and fight back against Moscow’s defiance of international principles and the rule of law. The Helsinki Commission hearing focused on the 1994 Organization for Security and Cooperation Budapest Document that requires all participating States, including Russia, to ensure that their armed forces are commanded in a way that is consistent with international law. At the time of the hearing, an estimated 30,000 to 80,000 people had died in the territory, and tens of thousands of citizens had been displaced. The violence against and displacement of citizens in Chechnya was a clear violation of the Budapest Document. Then-Chairman Rep. Alfonse M. D’Amato chaired the hearing and noted that though many people were paying attention to the ongoing conflict in Bosnia at the time, it was important to also pay attention to the conflict in Chechnya and, more specifically, to think about the role of the OSCE in the region. “The world watched, horrified, as the Russian military used massive firepower against the Chechen guerrillas,” D’Amato said. “While the international community recognizes the principles of territorial integrity, there can be no doubt that in its effort to keep the Chechens in the Russian Federation, the Russian Government violated recognized international principles.” Since 1997, the Helsinki Commission has held several other public events related to human rights abuses, arbitrary arrests, abductions, and disappearances and the plight of Chechen refugees. In 2003, the commission penned a letter to then-Secretary of State Colin Powell urging the U.S. delegation at the United Nations Commission on Human Rights in Geneva to express concern over reported rights violations in Chechnya. Though it has been nearly 30 years since the First Chechen War, the situation in Chechnya remains bleak. In 2017, Congress passed a bipartisan resolution condemning widespread anti-LGBT persecution and violence in Chechnya after it was revealed that state law enforcement officials beat, imprisoned, and murdered hundreds of men perceived to be gay or bisexual. In June 2018, then-Chairman (and current Co-Chairman) Sen. Roger Wicker and Sen. Benjamin Cardin penned a letter to Secretary of State Mike Pompeo urging the United State to invoke the OSCE’s Moscow Mechanism in response to escalating human rights abuses in Chechnya. The Moscow Mechanism allows for the establishment of a short-term fact-finding mission to address a specific human rights concern in the OSCE region. In November 2018, the 16 of the 57 OSCE participating States invoked the Moscow Mechanism to investigate the alleged disappearances, killings, and torture taking place in Chechnya—all of which were concerns raised at a Helsinki Commission hearing just months prior. Though Russia failed to cooperate with the fact-finding mission, the resulting report concluded that the evidence clearly confirmed the allegations of very serious human rights violations and abuses in the Chechen Republic of the Russian Federation. Today, multiple reports of journalists and bloggers in Chechnya being beaten or murdered calls for even more concern for individual freedom and civil liberties in the region. In early February, Yelena Milashina, a prominent Russian journalist and lawyer who exposed the cruelty against gay Chechen men, was beaten in Grozny. Imran Aliev, an outspoken Chechen blogger who criticized President Ramzan Kadyrov, was found murdered in France earlier this year. Aliev’s death is one of many deaths and disappearances in recent years of Chechen dissidents throughout Europe, sparking heightened fears of Chechen death squads hunting down those seeking asylum outside of the republic.
Chairman Hastings Introduces LITE Act to Strengthen Ties with U.S. Allies, Support Visionary Leadership on Both Sides of the AtlanticFriday, March 13, 2020
WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) yesterday introduced the Leadership Institute for Transatlantic Engagement (LITE) Act (H.R.6239) to strengthen ties with U.S. allies, protect democratic institutions, and support visionary leadership on both sides of the Atlantic. “Numerous challenges are putting western democracies and the transatlantic partnership at risk, including disparities in wealth, health, employment, education, and justice that lead citizens to question whether democracy can deliver on its promise of freedom and opportunity for all,” said Chairman Hastings. “We must find new and better ways to help democratic leaders ensure that laws are equitable, transparent, and enforced; elections are free and fair; and the same protections, rights, and laws are extended to all in their constituencies.” LITE would further codify transatlantic leadership exchanges and knowledge-building activities to equip western policymakers with legislative, communications, conflict resolution, and other leadership tools to strengthen democratic institutions in their societies as well as the transatlantic relationship. Recognizing the rapid and ongoing demographic change on both sides of the Atlantic, LITE focuses on inclusive and intergenerational solutions to current challenges and would empower individuals across generations and from diverse backgrounds with the knowledge, tools, opportunity, and access to fully participate in their democracies. In addition, LITE would assist in community reunification by helping leaders develop strategies to build resilience against the exploitation of community grievances that can lead to dangerous divisions in society. For more than a decade, the Helsinki Commission has convened U.S. and European policymakers with the State Department and other partners under the banner of the Transatlantic Minority Political Leadership Conference and Transatlantic Inclusion Leaders Network to support increased political representation in western democracies. In 2019, Helsinki Commission held hearings featuring European lawmakers, and focusing on global leadership, democracy, and public diplomacy. In February 2020, the Helsinki Commission hosted more than 30 young legislators from OSCE participating States and partner countries to discuss the role of young people in peace and security efforts and forge a transatlantic network for political action to address emerging human rights and security challenges.
Chairman Hastings Introduces Bill to Promote Diversity and Inclusion in the Federal WorkforceFriday, March 13, 2020
WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) yesterday introduced H.R.6240, a bill to establish a government-wide diversity and inclusion plan to ensure fair access and opportunity to federal jobs for all Americans. “Estimates indicate that by 2050, more than half of the U.S. workforce will be made up of Americans from diverse populations,” said Chairman Hastings. “Effectively governing our nation will require that we fill federal jobs—whether they are in the military, intelligence, foreign service, health, or education sectors—with an equally diverse federal workforce who can meet the needs of our country.” The bill would require the development of a government-wide diversity and inclusion plan to ensure that all branches of the federal government are engaged in multi-year strategic planning to recruit, hire, promote, retain, and support workers representing America’s diverse talent pool. It also calls for a review of diversity in government contracting and grant-making. “Diversity and inclusion are the underpinnings of democratic societies,” said Chairman Hastings. “It is time to ensure that those from all segments of our society have an equal opportunity to contribute to the future of our nation as part of the vibrant workforce that is at the heart of our democracy.” The introduction of the bill follows the February 2020 GAO report highlighting problems in the State Department and legislative initiatives to increase diversity in the national security workforce. Advancing societies that are safe, inclusive, and equitable is central to the work of the Helsinki Commission. The commission supports programs to address inequities in employment, political participation, and other sectors for women and minorities and strives to empower communities to unite against bias and discrimination to foster truly democratic, inclusive, and free societies.
Helsinki Commission Leaders Commend Political Compromise in GeorgiaFriday, March 13, 2020
WASHINGTON—After a March 8 announcement that Georgia’s political leadership reached a deal paving the way for the adoption of compromise electoral reforms ahead of the October 2020 parliamentary election, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) released the following statements: “Debate and compromise, two hallmarks of democracy, have rebuilt hope that Georgia’s leaders can bridge divisions and meet the demands of the people for accountability in electoral processes and outcomes,” Chairman Hastings said. “Having led an international election observation mission to Georgia, I commend the hard work it took to reach this agreement and the role of international ambassadors, particularly U.S. Ambassador Kelly Degnan, in facilitating it. As the agreement’s implementation proceeds, I hope to see prioritization of the parties’ joint commitment to address perceptions of politically-motivated criminal charges in recent months.” During the January 2008 presidential election in Georgia, Chairman Hastings served as head of the OSCE PA election observation mission and was appointed by the OSCE Chairman-in-Office as the Special Coordinator leading all OSCE short-term observers. “As a longtime champion of the United States’ strategic partnership with Georgia, I am glad to see Georgia’s political leaders take the path of dialogue to resolve this months-long crisis,” said Co-Chairman Wicker. “The coming months should serve as an opportunity for the Georgian people to regain confidence in the ability of their democratic institutions to represent their voices and render independent justice.” In December 2019, Co-Chairman Wicker sent a letter to Georgian Prime Minister Giorgi Gakharia urging the ruling Georgian Dream party to address growing public discontent with preparations for the 2020 national election and a string of decisions that undermined public confidence in the rule of law. Since November, Georgia has been embroiled in a political crisis sparked by the surprise defeat in parliament of constitutional amendments that would have transitioned the country to a fully proportional electoral system for 2020 parliamentary elections. In response to a political crisis last summer, Georgian Dream Party Chairman Bidzina Ivanishvili pledged his party would pass the amendments, which enjoyed broad support from Georgian political factions and international democracy advocates. Despite this pledge, a group of Georgian Dream parliamentarians voted last month to scuttle the proposal, prompting angry reactions across the Georgian political spectrum. This political controversy coincided with criminal prosecutions against several prominent opposition figures that created the appearance of selective enforcement of the law. Georgian Dream parliamentarians also disregarded an opposition boycott last week to approve 14 justices to lifetime appointments on the Supreme Court despite serious questions about some of their legal qualifications.
By Emma Derr,
Max Kampelman Fellow
November 21, 2020, marks the 30th anniversary of the Charter of Paris for a New Europe, a groundbreaking document of the Conference on Security and Cooperation in Europe (CSCE).
The charter was signed by 34 heads of state and government during a CSCE Summit in the French capital from November 19 to 21, 1990. The political agreement charted a path forward following Cold War confrontation and division caused by Soviet domination in the east. It ushered in a new era as states made an unprecedented commitment to domestic individual freedoms, democratic governance, human rights, and transnational cooperation.
By institutionalizing the CSCE as a platform to realize peace and security, this process transformed the multilateral Conference into the Organization for Security and Cooperation in Europe (OSCE), which today is the world’s largest regional security organization, comprising 57 participating States.
The charter states, “Europe is liberating itself from the legacy of the past. The courage of men and women, the strength of the will of the peoples and the power of the ideas of the Helsinki Final Act have opened a new era of democracy, peace and unity in Europe.”
Known by many as the “Helsinki Process,” both the CSCE and its OSCE successor have been based on ten principles guiding relations between participating States, enshrined in the Helsinki Final Act. The charter marks a triumph of the comprehensive definition of security these principles represent and a moment of unity, which participating States hoped to maintain through enhanced cooperation.
During the OSCE’s three-session Security Days event in October “Revitalizing Trust and Co-operation in Europe: Lessons of the Paris Charter,” former U.S. Secretary of State James A. Baker III, who played a leading role in the charter’s formation, recalled signing the agreement as an “optimistic, almost festive event.”
“It encapsulated so much that was positive about the process that had begun with the Helsinki Final Act in 1975,” he said. “It envisioned a new and inclusive continent based largely on western values, particularly the value of democracy.”
The Enduring Value of the OSCE
Since 1990, the OSCE has acted as a forum for political dialogue and a platform for joint action across North America, Europe, and Asia through its institutions, structures, and field operations.
As its occupation of Crimea and military intervention in Eastern Ukraine have led to Russia’s isolation and sanctions by the United States and others in recent years, the OSCE is one of the few remaining multilateral forums for American diplomats to directly engage with their Russian counterparts. As an organization promoting the principles of democracy and as a forum for conflict resolution, the OSCE is a valuable tool to hold authoritarian regimes accountable throughout the region, which stretches from Vancouver to Vladivostok.
Chairman of the U.S. Helsinki Commission Rep. Alcee L. Hastings and U.S. Ambassador to the OSCE James S. Gilmore III see the OSCE as a forum where the United States remains engaged and committed to the ideals cemented in the Charter of Paris.
“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,” Rep. Hastings and Amb. Gilmore stated in an August 2020 op-ed.
The organization continues to play a critical role in regional conflicts in and amongst participating States. The OSCE’s Special Monitoring Mission (SMM) to Ukraine is the only independent observer group with a permanent presence in the war zone.
“The OSCE’s broad membership and comprehensive definition of security make it an ideal platform to advocate for our interests in a vital region,” stated Helsinki Commission Co-Chairman Sen. Roger Wicker and Ranking Member Sen. Ben Cardin in a 2018 article describing the OSCE’s timeless value. “Its institutions remain singularly placed to moderate regional conflicts, promote respect for human rights, and safeguard essential elements of democracy.”
The OSCE operates field missions in 13 participating States with the goal of supporting the development of host countries’ democratic institutions, legal frameworks, and ability to meet various human rights, media freedom, and policing commitments. OSCE field mission staff are praised by Carnegie Europe Senior Fellow Thomas de Waal as “some of the unsung heroes of Europe’s darkest corners.”
The Charter of Paris articulated a new era of economic commitments, and the OSCE provides frequent opportunities for representatives of OSCE governments to discuss best practices concerning free market economies, economic cooperation and environmental issues.
The OSCE also organizes international election observation missions to transitional and well-established democracies alike, observing and reporting on adherence to democratic election commitments.
Much has changed since the end of the Cold War, and the anniversary of the charter provides an opportunity to renew commitments to cooperation and examine how the OSCE will meet current and emerging challenges.
During October’s Security Days event, former OSCE Secretary General and former High Commissioner on National Minorities Ambassador Lamberto Zannier called for reinvigorated political support and investment by participating States to enable the OSCE to continue its vital work. He cited the post-Soviet transition in Ukraine and Serbian elections in Kosovo as examples of these efforts.
During his remarks at the event, Baker concluded that in this spirit, the OSCE can find new methods of cooperation to meet 21 century challenges.
“Our message should not be much different than it was three decades ago,” he said. “States should fulfill the promises they made in the Paris charter 30 years ago.”
The 30th anniversary inspired other webinar discussions, such as IFSH Hamburg’s Event, “30 Years Charter of Paris: Lessons for Pragmatic Cooperation in the OSCE Area,” which discussed the strengths and weaknesses of the Charter of Paris, as well as potential reforms to the OSCE. The Stockholm International Peace Research Institute (SIPRI) also engaged in the anniversary and hosted the event “(Dis)functional International Security Institutions? The Organization for Security and Cooperation in Europe (OSCE) Today.”
The OSCE’s Parliamentary Assembly and the French Delegation to the Assembly held an online, public discussion “The 30th Anniversary of the Charter of Paris: A Parliamentary Perspective,” on November 20, which discussed how to the OSCE can continue to provide value within today’s complex international framework.
Finally, on November 20, the Woodrow Wilson Center in cooperation with the U.S. Helsinki Commission also hosted an event, “Marking the 30th Anniversary of the Charter of Paris for a New Europe - Europe Whole and Free: The Future of the OSCE.” The discussion included the U.S. Helsinki Commission’s Ranking Member Sen. Ben Cardin and Commissioner Rep. Robert Aderholt, as well as other leading voices on European security and cooperation.
Photos Courtesy of the Ministry of Foreign Affairs of France