HELSINKI COMMISSION TO REVIEW NEW WAYS TO FIGHT FOREIGN BRIBERYThursday, October 17, 2019
THIS HEARING HAS BEEN POSTPONED. RESCHEDULING INFORMATION WILL BE AVAILABLE SHORTLY. WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: ANTI-CORRUPTION INITIATIVES TO FIGHT EMERGING METHODS OF FOREIGN BRIBERY Thursday, October 24, 2019 10:00 a.m. Rayburn House Office Building Room 2128 Live Webcast: www.youtube.com/HelsinkiCommission The methods of foreign corrupt actors in the global economy have changed dramatically since America assumed the mantle of international anti-corruption champion with the passage of the Foreign Corrupt Practices Act (FCPA) in 1977. The integration of formerly closed states into the global economy and the development of transformative technologies have led to unprecedented wealth, but also unprecedented corruption. This globalized variant of corruption hollows out rule-of-law institutions and threatens to dismantle the liberal world order that underpins U.S. national security and prosperity. This hearing will examine new anti-corruption trends and initiatives to determine how the United States can most effectively engage the evolving threat of foreign bribery. Currently, while the United States still leads the world in investigating and prosecuting this crime, the foreign corrupt officials who demand bribes are not liable under U.S. law. The Foreign Extortion Prevention Act (FEPA), developed with the support of the Helsinki Commission, seeks to close this loophole. The hearing also will examine dual-use technologies such as blockchain, which have the potential to help fight foreign bribery, but also to facilitate it. The following witnesses are scheduled to testify: Patrick Moulette, Head of the Anti-Corruption Division, OECD Directorate for Financial and Enterprise Affairs Casey Michel, Journalist David Lawrence, Founder and Chief Collaborative Officer, RANE Eric Lorber, Senior Director, Center on Economic and Financial Power, Foundation for Defense of Democracies Additional witnesses may be added.
Chairman Hastings Leads Bipartisan Delegation to Tunisia, Israel, and MoroccoTuesday, October 08, 2019
WASHINGTON—From September 28 to October 6, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) led a bipartisan, bicameral U.S. delegation to Tunisia, Israel, and Morocco to assess the state of security, human rights, and democracy in the Middle East and North Africa. The delegation concluded with the OSCE Parliamentary Assembly (PA) Autumn Meeting in Marrakech, Morocco, where the strong U.S. presence demonstrated the consistent and bipartisan commitment of the United States to security and cooperation in the OSCE and neighboring Mediterranean regions. “As a Member of Congress, I spent decades traveling to the Middle East and North Africa,” said Chairman Hastings, who formerly served President of the OSCE PA as well as the OSCE PA Special Representative to the Mediterranean Partners for Cooperation. “This trip was an occasion to revisit long-standing relationships and discuss some of the most consequential dynamics impacting the Mediterranean region today.” Chairman Hastings was joined on the delegation by Helsinki Commission Co-Chairman Sen. Roger Wicker (MS); Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02), Helsinki Commissioner Rep. Emanuel Cleaver, II (MO-05), and Rep. Andy Harris (MD-01). In Tunisia, the delegation met with Interim President Mohamed Ennaceur, who noted that that the gravest threat facing his nation is the economic and social despair afflicting many young people. Members also held roundtable discussions with civil society groups and local and international election observers, who provided an assessment of the September 15 presidential election and prospects for country’s upcoming legislative election and presidential run-off. In Israel, the delegation met with both Israeli Prime Minister Benjamin Netanyahu and Palestinian Authority Prime Minister Mohamed Shtayyeh. Members also met with civil society to assess possible threats to the rule of law impacting both Israelis and Palestinians, and with Christian leaders to explore interreligious relations and the mediating role Christian churches play in the Holy Land. During the OSCE PA Autumn Meeting, Chairman Hastings and other members of the delegation discussed ways to maximize cooperation with OSCE Mediterranean Partners in areas ranging from migration and human trafficking, to tolerance and non-discrimination, to energy and water, all in the context of good governance and democratic institutions. “In the coming days, I urge you, my distinguished colleagues, to continue exploring ways to integrate civil society in our work and to deepen engagement with the OSCE Mediterranean Partners, particularly through support for, and observation of their electoral processes,” said Chairman Hastings during the meeting. Co-Chairman Wicker, who serves as a vice-president of the OSCE PA and as the 2019 Head of the U.S. Delegation to the OSCE PA, chaired a session focusing on regional and national perspectives of cooperation across North Africa and the African continent. In Morocco, members also met with the Algerian, Moroccan, and Ukrainian delegations to the OSCE PA; OSCE PA President George Tsereteli; and OSCE PA Secretary General Roberto Montella.
Remarks to the Mediterranean ForumFriday, October 04, 2019
Autumn Meeting of the OSCE PA *NOTE: As prepared for delivery* Before arriving in Morocco, I led a bicameral and bipartisan Congressional delegation to Tunisia and Israel. While in these countries, my colleagues and I held high-level exchanges with national leadership, civil society, religious leaders, and others to assess the current state of regional security, human rights and democracy. As a Member of Congress, I spent decades traveling to the Middle East and North Africa. I was never more proud of that engagement, than when I served as President of the Parliamentary Assembly and its Special Representative to the Mediterranean Partners for Cooperation. This trip was an occasion to revisit longstanding relationships and discuss some of the most consequential dynamics impacting the Mediterranean region today. Our delegation arrived in Tunisia and Israel at sensitive political moments. Tunisia held its second democratic presidential election ever on September 15 and will follow in the coming weeks with its third-ever free legislative election and a presidential run-off. In Israel, the country’s second national election this year on September 17 once again delivered an ambiguous result, touching off a flurry of government formation negotiations with no end in sight. In Tunis, my colleagues and I met with Interim President Mohamed Ennaceur. I commended him for leading his country through a historic peaceful transition of power following the death of President Beji Caid Essebsi earlier this year. When I asked about the most serious existential threat facing Tunisia, he had a bracing assessment: that the gravest threat is the economic and social despair afflicting so many youth. We should heed President Ennaceur’s words and commit ourselves during this meeting of the Parliamentary Assembly to discussing ways to restore hope and opportunity for the youth in our societies. Early next year, I intend to do my part to respond to the call of President Ennaceur and others by hosting young parliamentarians from throughout the OSCE region and the Partners for Cooperation in Washington for a seminar that empowers our future leaders. I look forward to sharing details with your delegations in the near term. While in Tunisia, our delegation also held roundtables with civil society groups and local and international election observers. I was encouraged by the bold commitment of these groups to preserving and advancing the gains Tunisia has made since 2011 in respect for the rule of law, democracy, and fundamental freedoms. I remain concerned, however, that the ongoing imprisonment of one of the leading presidential candidates could undermine confidence in the democratic process. In Israel, our delegation met both with Israeli Prime Minister Benjamin Netanyahu and Palestinian Authority Prime Minister Mohamed Shtayyeh. Both leaders were candid in their assessments of the impasse in the peace process. While no clear opportunities emerged, I was affirmed in my belief that parliamentary diplomacy bridges divides. Prime Minister Netanyahu shared his sobering assessment of the global threat posed by Iran and the existential danger it poses to the people of Israel. I hope we will discuss ways of addressing this matter during our debates in the coming days. During a roundtable with Israel-based civil society, we heard warnings about possible threats to the rule of law impacting both Israeli citizens and Palestinians. In a separate meeting with the leaders of major Christian denominations, including Greek Orthodox Patriarch of Jerusalem Theophilos III, we explored interreligious relations and the mediating role Christian churches play in the Holy Land. In Luxembourg this summer, this assembly passed a resolution I authored on the importance of integrating and protecting civil society engagement in the work of the OSCE and this Assembly. Our meetings with such groups in Tunis and Jerusalem confirms the value of consulting local activists in our work as parliamentarians at home and abroad. In the coming days, I urge you, my distinguished colleagues, to continue exploring ways to integrate civil society in our work and to deepen engagement with the Mediterranean Partners, particularly through support for- and observation of their electoral processes.
Safe and Dignified ReturnFriday, September 20, 2019
In July, nearly 300 parliamentarians from the 57 OSCE participating States met for the OSCE Parliamentary Assembly (PA) 2019 annual session in Luxembourg, where they addressed in a final declaration the wide range of issues of current concern to the organization. Of these issues, none received more attention than those relating to human rights and humanitarian questions; the relevant section of the declaration contained more than 180 paragraphs. Leading subjects of concern included the treatment of investigative journalists, manifestations of discrimination and intolerance in society, gender inequality, and efforts to stifle dissent. The text also focused heavily on migration, including the rights of refugees. During the consideration of a final text for adoption, Rep. Sheila Jackson Lee (TX-18), who has been active in representing the United States at OSCE PA meetings in recent years and serves on the OSCE PA’s Ad Hoc Committee on Migration, proposed an amendment underlining the importance of the right of safe return of refugees. Her amendment, co-sponsored by other members of Congress and by parliamentarians from Cyprus, Georgia, Ireland, Italy, and North Macedonia, made clear that returns should not only be safe, but also voluntary and dignified. The adopted text, included in the Luxembourg Declaration, reads as follows: “The OSCE Parliamentary Assembly underlines that the right of voluntary, safe and dignified return for refugees and internally displaced persons to their homes and properties must be guaranteed;” The concept of voluntary return is at the heart of binding international law on refugees. The 1951 Convention Relating to the Status of Refugees states, “No Contracting State shall expel or return (‘refouler’) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.” The convention originally was restricted to people who became refugees because of “events occurring in Europe before 1 January 1951.” The 1967 Protocol Relating to the Status of Refugees, which removed the convention’s time and geographic restrictions, maintains the binding “non-refoulement” obligation. There are only a few exceptions on “grounds of national security or public order” and only after “due process of law.” According to the Guiding Principles on Internal Displacement, presented in 1998 by the United Nations Secretary General’s Representative on Internally Displaced Persons, “Competent authorities have the primary duty and responsibility to establish conditions, as well as provide the means, which allow internally displaced persons to return voluntarily, in safety and with dignity, to their homes or places of habitual residence, or to resettle voluntarily in another part of the country.” The principles are not legally binding on governments, but they are the point of reference for how a government should respond to internally displaced persons.
Co-Chairman Wicker Welcomes Confirmation of Assistant Secretary DestroThursday, September 19, 2019
WASHINGTON—Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) today welcomed the confirmation of Robert A. Destro to serve as the Assistant Secretary of State for Democracy, Human Rights, and Labor. The Assistant Secretary traditionally also serves as the State Department’s representative on the Helsinki Commission. “I am pleased that Assistant Secretary Destro has been confirmed to this critical post, and I look forward to working closely with him to promote security and human rights around the globe,” said Co-Chairman Wicker. “I encourage the White House to act quickly and formally appoint him to the Helsinki Commission. America’s voice is strongest and most effective when our executive and legislative branches work together. The Helsinki Commission offers a unique opportunity to reap the benefits of such a partnership.” Mr. Destro is a human rights advocate and a civil rights attorney with expertise in religious freedom issues and election law. He is also professor of law and founding director of the Institute for Policy Research and Catholic Studies at The Catholic University of America.
Helsinki Commission Leaders Appoint Shannon Simrell as Representative to U.S. Mission to the OSCEWednesday, September 18, 2019
WASHINGTON—Rep. Alcee L. Hastings (FL-20), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission), today announced the appointment of Shannon Simrell as the Representative of the Helsinki Commission to the U.S. Mission to the OSCE (USOSCE). “On behalf of the Commission leadership, I am pleased to welcome Shannon Simrell as the Helsinki Commission’s representative to USOSCE for the 116th Congress,” said Chairman Hastings. “Her extensive experience with a wide variety of OSCE missions and institutions makes her an invaluable resource not only to the Helsinki Commission but also to Ambassador Gilmore and our other State Department colleagues.” For 25 years, Simrell has worked to advance U.S. comprehensive security objectives in the Balkans, Central and Eastern Europe, Caucasus, and Central Asia. Early in her career, Simrell organized short-term democratization and environmental study tours in the United States for emerging leaders in Central and Eastern Europe and Russia. Between 2006 and 2008, she served first as a democratization officer then as acting regional center director at the OSCE mission in Kosovo. Following her time in Kosovo, Simrell spent a decade recruiting, deploying, and supporting more than 2,300 American experts serving in nearly 100 OSCE permanent, special, and election observation missions on behalf of the U.S. Department of State. During this time, she observed elections in Kosovo, Georgia, Ukraine, and Tajikistan, and conducted dozens of site visits to OSCE missions and institutions. Simrell replaces Janice Helwig, who returns to the Helsinki Commission in Washington to resume her previous position of senior policy advisor. Helwig’s portfolio will include Central Asia, trafficking in persons, and the OSCE’s human dimension.
A Global Pandemic: DisinformationMonday, September 16, 2019
By Annie Lentz, Max Kampelman Fellow Popularly and ambiguously dubbed “fake news,” malign efforts to spread false facts often are wrongly lumped together with politicians’ diatribes against negative media coverage. Well-orchestrated disinformation campaigns do exist around the world, using algorithms, social platforms, and advertisements as a means of deceiving the public and undermining democracy. Due to its proliferation and widespread attention, the definition of so called “fake news” has been lost. Even the meaning of the terms it is defined by are ambiguous. In fact, misinformation and disinformation are not synonymous. Misinformation refers the inadvertent spread of false information, while disinformation refers to the purposeful circulation of deceptive news stories by both state and nonstate actors. Disinformation plagues the modern world in increasingly sophisticated and pervasive ways largely due to widespread use of social media. Whether it’s shared through Twitter, Facebook, Instagram, or WhatsApp, fake news is easy to share, difficult to identify, and almost impossible to stop. Easy to Share The trickle-down effect of counterfeit news campaigns is massive. A single fake story has the potential to reach millions, propagated by bots and trolls and manipulation of social media content algorithms. For example, a heavily edited interview from conservative CRTV portrayed a fictional conversation between one of their hosts and Rep. Alexandria Ocasio-Cortez where the Congresswoman admitted to know nothing of the legislative process. Although CRTV eventually said it was satire, the video was viewed almost 1 million times within 24 hours prior to CRTV’s clarification. This was not an isolated incident. Thanks to the universality of social media, with Facebook and Twitter having a global presence economically and socially, cultures around the world are all susceptible to manipulation through such platforms. Following the 2019 European Union elections—second only to India as the largest democratic elections in the world—the European Commission documented “ongoing disinformation campaigns” by Russian sources. Officials went on to demand Facebook, Google, and Twitter “step up their efforts” in combatting fake news; they classified the fight as enduring, saying, “Malign actors constantly change their strategies. We must strive to be ahead of them.” The influence and impact of Russian disinformation efforts remains unknown and therefore future elections in both the EU and elsewhere remain at risk. Difficult to Identify Several aspects of the communication space make disinformation hard to identify. When reading content from a seemingly trustworthy source, even if there is no evidence of professionalism, most naturally consider the information to be trustworthy. However, that is not always the case and those creating and spreading propaganda are well-versed in mimicking reputable sources in structure and design. Moreover, the more specific the topic and narrow the scope, the easier it is for disinformation to spread as consumers lack the background and context to identify red flags, which are becoming ever harder to detect. According to Politifact, earlier this year a Facebook post about Senate Majority Leader Mitch McConnell, claiming he was trying to take away health care from millions of Americans, went viral. This claim was a mischaracterization of his stance on federal funding for health care and falsified his personal history with the program. Regardless, the false narrative spread to thousands of people who lacked the in-depth background knowledge to recognize the inaccuracy. Disinformation is not limited to false news stories or phony websites; it also extends to doctored photos and videos, like the CRTV interview previously mentioned. The Washington Post’s guide to fact-checking video makes the point, “Seeing isn’t believing.” Even high-profile politicians can be fooled by such disinformation. One doctored video appearing to show Nancy Pelosi drunk that was retweeted by President Trump, who shared the false narrative with more than 62.8 million followers. Even content originating from seemingly trustworthy sources can be deceptive. For example, pro-Brexit campaigns from the UK Independence Party (UKIP) during the EU referendum vote in 2016 told a false story through misleading photos (actually from the border of Slovenia) of thousands of immigrants pouring into the UK. Though the poster and campaign were widely condemned, it is impossible to measure the number of voters that may have been influenced. However, the very existence of such misleading material threatened the democratic integrity of the referendum. The Russia Problem While there are many guilty parties—like those who spread doctored stories and videos leading up to India’s elections in April and May of 2019 and incited hatred between Buddhists and Muslims in Sri Lanka and Malaysia on Facebook—the biggest culprit behind the growth of widespread disinformation is the Russian Government. The Kremlin has used sophisticated disinformation campaigns to justify its actions in Crimea and eastern Ukraine, interfere in the 2019 European Union elections, and attempt to influence the 2016 U.S. presidential elections. However, Kremlin interference isn’t isolated to politics. RT America, cited as a principle meddler in the 2016 presidential elections, aired a campaign of stories about health risks associated with 5G signals, none of which were supported by scientific facts. Such efforts from “the Kremlin’s principal international propaganda outlet” match what experts cite as the Kremlin’s ultimate goal: to amplify voices of dissent, sow public discord, and exacerbate social divides. Impossible to Stop … or Not? There is no global police force to defend against disinformation. There are platform-specific efforts, such as Facebook’s regulations for political advertising; grassroots efforts, like Factitious, an online game designed to teach students to identify fake news stories; and coalitions like the one formed by Facebook, Google and Twitter after the March 15 massacre in Christchurch, New Zealand, when the tech giants signed an agreement with world leaders to fight hate speech online. However, with the amount of disinformation growing every day and no unified or cohesive approach from both the public and private sector to aggressively and actively combat online propaganda, these efforts are akin to putting a Band-Aid on a broken leg. Any attempts to regulate disinformation are constrained by the right to free speech. If the response is too broad–whether from a corporation like Facebook or a government entity–it quickly challenges the fundamental freedoms afforded to citizens. On the one hand, stopping false facts from spreading and inundating social media benefits democracy and freedom the world round. On the other hand, the people’s right to free speech must be respected. Any meaningful efforts to battle disinformation must carefully balance the protection of the community against the protection of the individual. In addition, those with the best ability to fight against disinformation—private companies like Facebook and Twitter—have no true legal obligation to do so and may have alternative interests in terms of profit. Until Congress shined a light on this problem, there were no serious efforts on the part of social media platforms to fight against foreign influence. As social platforms and their users maintain the right to freedom of expression, the ability of Congress to require them to undertake any specific efforts is lacking. However, that hasn’t stopped them from trying. There are other solutions. One is promoting better media literacy among citizens, so they can more easily identify false or misleading information. Another is “sourcing” news stories, so readers know the true origin of a story—a story about a local issue in Kansas may in fact emanate from Russia, for example. The content would still be available, but readers would have a better awareness of potential manipulation by outside actors. To combat the ripple effect of disinformation, media self-regulation to verify sources and stories before publishing them is another effective tool. The most important and most effective way to confront disinformation is by understanding it. Through events like the 2017 Helsinki Commission hearing on Russian Disinformation, and OSCE Representative on Freedom of the Media Harlem Désir’s efforts to lead the OSCE in combatting disinformation, additional progress can be made. Disinformation is a disease to which no one is immune; the longer the virus goes untreated, the worse it becomes.
INTRODUCTION OF THE TRANSNATIONAL REPRESSION ACCOUNTABILITY AND PREVENTION ACT OF 2019 (TRAP ACT)Monday, September 16, 2019
Mr. HASTINGS. Madam Speaker, as Chairman of the U.S. Helsinki Commission—a congressional watchdog for human rights and democracy in Europe and Eurasia—I am frequently reminded of the new opportunities that technology and globalization present for human rights defenders around the globe. For those struggling to defend their liberty and human dignity, our interconnected world brings with it the possibility of sharing information, coordinating action, and demonstrating solidarity across thousands of miles in fractions of a second. It means that truth is more capable of piercing the veil of enforced ignorance erected by the world’s most repressive states Technology also further empowers dissidents in exile to connect with, and influence the foot soldiers of freedom who march on in their homelands. But with these new openings for liberty come novel approaches to repression. Authoritarian and autocratic regimes are appropriating agile, 21st century technology to prop up sclerotic systems of brutality and corruption. Technological developments have provoked greater feelings of insecurity in these brittle regimes and propelled them to extend their repression far beyond their borders, sometimes reaching into the refuge of democratic societies where political opponents, independent journalists, and civil society activists operate in safety. Madam Speaker, I recently introduced bipartisan legislation to tackle these emerging challenges with my friend and Helsinki Commission Ranking Member, Representative JOE WILSON of South Carolina We are confident that this legislation, supported by the bicameral leadership of the Helsinki Commission and other leaders on human rights, will place the United States on course to lead the free world in holding the line against these modern manifestations of political persecution, or what some have called ‘‘transnational repression.’’ The Transnational Repression Accountability and Prevention Act—or TRAP Act—is designed to counter one key instrument in the autocrat’s 21st century toolkit politically-motivated abuse of the International Criminal Police Organization, more commonly known as INTERPOL. INTERPOL is a legitimate and potent tool for international law enforcement cooperation—one that the United States relies on heavily to bring criminals to justice and thwart threats to security around the globe. Sadly, autocrats have recognized the potential for repression in INTERPOL’s worldwide communications system that ties into the law enforcement agencies of its 194 member countries. The Helsinki Commission regularly receives credible reports from human rights defenders, journalists, political activists, and businesspeople who have fallen victim to the efforts of corrupt regimes to ensnare them using INTERPOL’s system of international requests for arrest and extradition, known as Red Notices and Diffusions. These are the modern-day ‘‘traps’’ addressed by the TRAP Act. Because of these notices, innocent individuals live in fear of traveling mternationally and have been detained, had their bank accounts closed, and, sometimes, been returned into the hands of the very regimes from which they escaped. Madam Speaker, our legislation opens three new fronts agamst the threat of INTERPOL abuse. First, it clearly states that it is the policy of the United States to use our influence in INTERPOL to advance specific reforms that increase transparency and accountability for those that abuse the system while helping the organization to live up to its stated obligations to uphold international human rights standards and resist politicization It further establishes that the United States will use its diplomatic clout to confront countries that abuse INTERPOL and work to ensure the freedom of movement and ability to engage in lawful commerce of victims of this abuse the world over. Second, the TRAP Act exerts oversight over the United States’ internal mechanisms to identify, challenge, and respond to instances of INTERPOL abuse. The bill requires the Departments of Justice, Homeland Security, and State—in coordination with other relevant agencies—to submit to Congress an assessment of the scope and seriousness of autocratic abuse of INTERPOL, an evaluation of the adequacy of the processes in place domestically and at INTERPOL to resist this abuse, and a plan for improving interagency coordination to confront this phenomenon. Third, and perhaps most importantly, the TRAP Act places strict limitations on how the United States Government can use INTERPOL notices in legal or administrative proceedings that could interfere with the freedom or immigration status of individuals in our country. We have been deeply concerned by reports that some authorities in this country have improperly cited INTERPOL notices from autocratic countries to detain individuals and place them in danger of being returned to the very countries from which they fled. The TRAP Act will make crystal clear that autocratic regimes cannot use INTERPOL notices to weaponize the U.S. judicial system against their political targets. Madam Speaker, these measures are critical to restricting the freedom that some autocratic regimes have enjoyed to harass, persecute, and detain their political opponents around the world. Authoritarian and autocratic states like China, Russia, Kazakhstan, Tajikistan, Turkey, Azerbaijan, and Venezuela must be called out by name and held to account for their repeated manipulation of legitimate law enforcement tools for petty political ends. Madam Speaker, I would also like to place the TRAP Act in the context of the other work that the U.S. Helsinki Commission has done to address the grave threat of transnational repression and malign influence by authoritarian regimes. The Countering Russian and Other Overseas Kleptocracy—or ‘‘CROOK’’ Act, the Kleptocrat Exposure Act, and the Rodchenkov Anti-Doping Act have all been the result of a focus by Commissioners and Commission staff on developing a bipartisan congressional response to the existential threat of global authoritarianism. We can no longer sit idly by, content that those who wish to do us harm are on the other side of the world. In this new age of autocracy, the threat is here—now—and it comes in the form of abusive Red Notices, dirty money, and bought-and-paid-for lawfare tactics The purpose of these tactics is to silence journalists and activists, hollow out the rule of law, and ensure that no one ever dare pursue this new class of transnational kleptocrats whose sole goal is the wholesale looting of the countries they claim to serve and the seamless transfer of those ill-gotten gains to our shores and those of our allies.
2019 Human Dimension Implementation MeetingFriday, September 13, 2019
From September 16 to September 27, OSCE participating States will meet in Warsaw, Poland, for the 2019 Human Dimension Implementation Meeting (HDIM), organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR). As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress. During the 2019 meeting, three specifically selected topics will each be the focus of a full-day discussion: “safety of journalists,” “hate crimes,” and “Roma and Sinti.” These special topics are chosen to highlight key areas for improvement in the OSCE region and promote discussion of pressing issues. Human Dimension Implementation Meeting 2019 Since the HDIM was established in 1998, the OSCE participating States have a standing agreement to hold an annual two-week meeting to review the participating States’ compliance with the human dimension commitments they have previously adopted by consensus. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as refugee migration and human trafficking), and concerns relating to tolerance and nondiscrimination (such as countering anti-Semitism and racism). Each year, the HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma and Sinti. Unique about the HDIM is the inclusion and strong participation of non-governmental organizations. The United States has been a stout advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE structures allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. Members of the U.S. delegation to the 2019 HDIM include: Ambassador James S. Gilmore, U.S. Permanent Representative to the OSCE and Head of Delegation Christopher Robinson, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs Roger D. Carstens, Deputy Assistant Secretary, Bureau of Democracy, Human Rights, and Labor Elan S. Carr, Special Envoy to Monitor and Combat Anti-Semitism Alex T. Johnson, Chief of Staff, U.S. Helsinki Commission
Helsinki Commission Leaders Introduce Transnational Repression Accountability and Prevention (TRAP) ActThursday, September 12, 2019
WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Ranking Member Rep. Joe Wilson (SC-02) today introduced the Transnational Repression Accountability and Prevention (TRAP) Act (H.R. 4330) in the House of Representatives. Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) introduced the TRAP Act (S. 2483) in the Senate on Tuesday. The legislation addresses politically-motivated abuse of the International Criminal Police Organization (INTERPOL) by autocracies. “Today’s autocrats don’t simply try to silence journalists, activists, and other independent voices at home. They also hunt them down in their places of refuge abroad,” said Chairman Hastings. “Such repressive regimes even manipulate INTERPOL—a legitimate and potent tool for international law enforcement cooperation—to trap their targets using trumped-up requests for detention and extradition. The United States must act to prevent this flagrant abuse and protect those who fight for freedom, human rights, and the rule of law." “Instead of facing consequences for their serial abuse of INTERPOL, autocratic states like Russia and China have instead jockeyed for senior positions in the organization,” said Co-Chairman Wicker. “The United States and other democracies should impose real costs for this global assault on the rule of law. This legislation would ensure that the United States remains at the forefront of defending the vulnerable against the long arm of state repression.” “The Transnational Repression Accountability and Prevention Act continues the tradition of U.S. leadership in combating INTERPOL abuse, holding perpetrators accountable, and advancing necessary reforms within the U.S. Government and INTERPOL to respond to this threat,” said Rep. Wilson. “This legislation makes it clear that the United States stands on the side of freedom for those who defy repression, resist corruption, and defend human rights wherever they seek refuge and a voice.” “Autocratic regimes are increasingly exporting their repression overseas, including to our own country. The United States must respond more forcefully to these attacks against the rule of law and deter the serial abuse of INTERPOL by repressive governments,” said Sen. Cardin. “This legislation is critical to establishing stronger protections for dissidents and other independent voices whom these regimes wish to apprehend in the United States on politically motivated charges.” The Helsinki Commission regularly receives credible reports from political dissidents, human rights defenders, and members of the business community who are the subject of politically-motivated INTERPOL Notices and Diffusions requested by autocratic regimes. These mechanisms, which function effectively as extradition requests, can be based on trumped-up criminal charges and used to detain, harass, or otherwise persecute individuals for their activism or refusal to acquiesce to corrupt schemes. Following reports that U.S. immigration authorities have cited such politically-motivated INTERPOL requests to detain some individuals and consider removing them from the United States, the TRAP Act formally codifies strict limitations on how INTERPOL requests can be used by U.S. authorities. The TRAP Act further declares that it is the policy of the United States to pursue specific reforms within INTERPOL and use its diplomatic clout internationally to protect the rights of victims and denounce abusers. The bill requires the Departments of Justice, Homeland Security, and State, in consultation with other relevant agencies, to provide Congress with an assessment of autocratic abuse of INTERPOL, what the United States is doing to counteract it, and how to adapt United States policy to this evolving autocratic practice. The State Department would also be required to publicly report on the abuse of INTERPOL in its annual Country Reports on Human Rights to create a transparent, public record of these violations of the rule of law. Russia is among the world’s most prolific abusers of INTERPOL’s Notice and Diffusion mechanisms. Other participating States of the Organization for Security and Cooperation in Europe (OSCE)—principally Azerbaijan, Kazakhstan, Tajikistan, and Turkey—and other authoritarian states, such as China, also reportedly target political opponents with INTERPOL requests that violate key provisions of INTERPOL’s Constitution, which obligate the organization to uphold international human rights standards and strictly avoid involvement in politically-motivated charges. Original co-sponsors of the legislation include Helsinki Commission members Sen. Marco Rubio (FL), Sen. Cory Gardner (CO), Sen. Sheldon Whitehouse (RI), Rep. Steve Cohen (TN-09), Rep. Brian Fitzpatrick (PA-01), Rep. Richard Hudson (NC-08), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. John Curtis (UT-03), Rep. Sheila Jackson Lee (TX-18), and Rep. Tom Malinowski (NJ-07) are also original co-sponsors.
TOOLS OF TRANSNATIONAL REPRESSIONThursday, September 12, 2019
To silence dissent from abroad, autocrats often turn to the International Criminal Police Organization, known as INTERPOL, to file bogus criminal claims seeking the arrest and extradition of their political targets. This abuse of INTERPOL Red Notices and Diffusions enables autocratic governments to harass and intimidate their opponents thousands of miles away, even within free and democratic societies. Titled “Tools of Transnational Repression: How Autocrats Punish Dissent Overseas,” this U.S. Helsinki Commission hearing examined INTERPOL abuse among other autocratic practices aimed at suppressing dissent across borders, including surveillance, abduction, and assassination. Commission Co-Chairman Sen. Roger Wicker chaired the hearing and was joined by Commission Ranking Members Sen. Ben Cardin and Rep. Joe Wilson and Commissioners Sen. Cory Gardner, Sen Sheldon Whitehouse, and Rep. Marc Veasey. Co-Chairman Wicker opened the hearing by stating that “the Helsinki Commission is particularly concerned by the politically motivated abuse of Interpol by autocratic states wishing to harass and detain their opponents overseas, often in the hopes of trying them on bogus criminal charges.” While acknowledging INTERPOL as a legitimate and potent law enforcement tool, Sen. Wicker noted that its “broad membership leaves it open to manipulation by authoritarians.” In his opening remarks, Ranking Member Cardin proposed ways to respond to the phenomenon of transnational repression include putting a spotlight on it through the hearing, passing legislation, and enforcing the Magnitsky sanctions. Ranking Member Wilson noted that INTERPOL abuse “is not only imperiling champions of freedom around the world, but undermining the very integrity of INTERPOL and, more broadly, the international system we’ve worked so hard to build.” Witnesses included Alexander Cooley, Director for Columbia University’s Harriman Institute for the Study of Russia, Eurasia, and Eastern Europe and Claire Tow Professor of Political Science at Barnard College; Sandra A. Grossman, Partner at Grossman Young & Hammond, Immigration Law, LLC; Bruno Min, Senior Legal and Policy Advisor for Fair Trials; and Nate Schenkkan, Director for Special Research at Freedom House. They described the roots of transnational repression, salient examples of its use, how INTERPOL systems should be reformed to safeguard the rights of the innocent, and INTERPOL abuse affects the American immigration system. Mr. Cooley recognized that while transnational repression is not a new phenomenon, there is a current upsurge in its use that stems from a global backlash against democratization. He further cited the role of globalization in creating new diaspora communities around the world and the rise of new information technologies as other factors contributing to the increasing incidents of transnational repression. Mr. Schenkkan recommended that the United States and other democratic states work to “blunt the tools of transnational repression,” including through INTERPOL reform, and to “to raise the cost of engaging in transnational repression,” such as by sanctioning its perpetrators. Mr. Min explained Fair Trials’ recommendations for INTERPOL reform, including ways to improve the review process of red notices and diffusions, further integrate due process standards into INTERPOL’s appeal process for red notices and diffusions, and increase the transparency of INTERPOL’s internal decision-making. Ms. Grossman addressed instances in which United States’ Immigration and Customs Enforcement (ICE) used Red Notices to detain or otherwise render immigration determinations against individuals in this country, even though the Department of Justice does not recognize Red Notices as a legitimate basis for arrest. She recommended that the U.S. government take steps to improve the understanding of immigration officials concerning the proper handling of Red Notices. Mr. Cooley, Mr. Schenkkan, and Ms. Grossman all endorsed the Transnational Repression Accountability and Prevention (TRAP) Act introduced by the Commission’s leadership to address the abuse of INTERPOL internationally and the misuse of its communications by U.S. authorities.
Simulating a Baltic Security CrisisTuesday, September 10, 2019
By Brittany Amador, Intern On August 29, 2019, U.S. Helsinki Commission personnel, joined by Congressional staff from several relevant offices, participated in a simulated security crisis in the Baltic region centered on the U.S. and NATO response to a hypothetical act of Russian aggression. The event followed the Helsinki Commission’s historic field hearing on Baltic Sea regional security, where members of Congress convened senior Allied and partner leaders from Poland, Lithuania, Estonia, Sweden, and Finland, as well as the United States European Command (EUCOM) and the U.S. Mission to NATO, to better understand current and evolving security threats in the region. Participants in the simulation. Ambassador (ret.) John Heffern, a former Acting Assistant Secretary of State for Europe and Eurasian Affairs and Deputy Chief of Mission to the U.S. Mission to NATO, led the simulation. Ambassador Heffern, who currently serves as a Distinguished Fellow of Diplomacy and Entrepreneurship at Georgetown University, was assisted in the facilitation of the game by Andrew Carroll, an officer with the United States Air Force who recently completed his Max Kampelman Policy Fellowship at the Helsinki Commission. 2d Lt Andrew Carroll describing the parameters of the simulation. During the three-hour event, attendees played the roles of various regional actors, and debated possible actions in response to realistic scenario inputs. Participants were provided immediate feedback on their strategic decisions, knowing in real time the impact of their simulated actions. The scenario underlined the challenges and opportunities inherent in any response to a security crisis in the Baltic Sea region. Ambassador (ret.) John Heffern explaining tactical movements.
in the news
Why the Helsinki Commission still mattersThursday, September 05, 2019
Forty four years ago, President Gerald Ford joined 35 other heads of state, including longstanding American adversaries, to sign one of the most significant international agreements of the 20th Century—the Final Act of the Conference on Security and Cooperation in Europe, better known as the Helsinki Accords. The accord committed the United States, Europe, and the Soviet Union to respect human rights, to manage the spread of dangerous weapons, to foster economic opportunity, and to ending the territorial disputes in Europe that had already twice plunged the world into war. The U.S. Commission on Security and Cooperation in Europe, better known as the Helsinki Commission, was created to uphold these commitments. Since its inception, the Helsinki Commission has provided a crucial voice for defending freedom, opportunity, and human rights across the world. Composed of members of Congress from both parties and chosen from the House and Senate, the Helsinki Commission represents our democracy’s commitment to preserving and advancing the peace, freedom, and prosperity across the world that previous generations of Americans sacrificed so much to achieve. That is why I am honored to be among the latest members of Congress to be appointed to serve on the Helsinki Commission. The world has changed dramatically since the Helsinki Commission began, but the need to defend the principles of freedom, opportunity and human rights is greater than ever. Rising authoritarian powers are contesting the principles of democracy like never before--these powers are undermining a fair and free electoral process by interfering with elections across the democratic west and directly invading their neighbors. The most shocking part is that the United States’ own commitment to values is being challenged from within—from the very officeholder once considered the leader of the free world. The challenges that democracies face today signify the work that this Commission is doing is now more important than ever. Who better to respond to a president who rejects the pillars of traditional American foreign policy than a bipartisan commission composed of members of Congress? I am hopeful that my Republican colleagues on this Commission, who understand the importance of American leadership on the issues of human rights and democracy, will feel the same way. I am eager to get to work and face the challenges that this position presents. I look forward to having the opportunity to make a positive impact on the world, as well as ensuring that the priorities of the great state of Texas are represented on an international stage. It’s on those of us entrusted by the American people with representing them in Congress to make clear to the world that despite what they may hear from the White House, our country is still the same country that showed up, negotiated and implemented the Helsinki Accords—one that leads in defending freedom, opportunity and human rights across the world. Congressman Marc Veasey is a proud representative of Texas’ 33rd District in the U.S. House of Representatives.
Helsinki Commission Hearing to Probe Autocratic Abuse of InterpolWednesday, September 04, 2019
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: TOOLS OF TRANSNATIONAL REPRESSION How Autocrats Punish Dissent Overseas Thursday, September 12, 2019 10:00 a.m. – 12:00 p.m. Cannon House Office Building Room 210 Live Webcast: www.youtube.com/HelsinkiCommission As modern technology has allowed political dissidents and human rights defenders to operate from almost anywhere on the planet, repressive regimes have searched for opportunities to reach those who threaten their rule from afar. To silence dissent from abroad, autocrats often turn to the International Criminal Police Organization, known as INTERPOL, to file bogus criminal claims seeking the arrest and extradition of their political targets. This abuse of INTERPOL Red Notices and Diffusions enables autocratic governments to harass and intimidate their opponents thousands of miles away, even within free and democratic societies. The U.S. Helsinki Commission will convene an expert panel to highlight how autocrats today use INTERPOL and other means such as surveillance, abduction, and assassination to punish dissent overseas. Witnesses will suggest how the United States and other democratic nations can defend against these threats to the rule of law domestically and internationally. The following witnesses are scheduled to participate: Alexander Cooley, Director, Columbia University's Harriman Institute for the Study of Russia, Eurasia and Eastern Europe; Claire Tow Professor of Political Science, Barnard College Sandra A. Grossman, Partner, Grossman Young & Hammond, Immigration Law, LLC Bruno Min, Senior Legal and Policy Advisor, Fair Trials Nate Schenkkan, Director for Special Research, Freedom House Additional witnesses may be added.
House Majority Leader, Helsinki Commissioners Decry Efforts to Shutter Community Center in HungaryMonday, August 19, 2019
WASHINGTON—Following renewed efforts by authorities in Hungary to shutter the Aurora Community Center in Budapest, House Majority Leader Rep. Steny H. Hoyer (MD-05), Helsinki Commission Ranking Member Sen. Ben Cardin (MD), and Helsinki Commissioner Rep. Gwen Moore (WI-04) issued the following statements: “During my visit to Budapest earlier this summer, I saw firsthand the important resources Aurora provides to the community,” said Majority Leader Hoyer. “The latest attempt by Hungarian authorities to shut down Aurora speaks volumes about the country’s shrinking space for civil society. On the thinnest of pretexts, the rule of law in Hungary is being hijacked to serve one party's political interests.” “Aurora nurtures a vibrant community of civil society groups and has become a symbol of independent organizations in Hungary,” said Sen. Cardin, who also serves as the OSCE Parliamentary Assembly (PA) Special Representative on Anti-Semitism, Racism, and Intolerance. “Unfortunately, such activism is viewed as a threat by those in power, who—through constant legal harassment—are attempting to permanently close Aurora’s doors. Aurora and organizations like it should be protected, not targeted.” “In a time when those who spew hate and divisiveness seem to be ascendant, initiatives like Aurora that build inclusive societies and strengthen democracy are needed more than ever,” said Rep. Moore. “I was honored to visit the center and meet with its president, Adam Schonberger, with my colleagues earlier this year.” Majority Leader Hoyer, Sen. Cardin, and Rep. Moore visited the Aurora Community Center in Budapest in July, en route to the 2019 OSCE PA Annual Session in Luxembourg. Marom, a Hungarian Jewish association, established and runs Aurora Community Center, an umbrella organization that provides office space to other small civil society groups in Budapest, including the Roma Press Center, migrant aid, and Pride Parade organizers. Over the past two years, Hungarian authorities repeatedly have accused Marom of administrative violations ranging from mismatched dates on official documents to, most recently, lacking an appropriate agreement with the center’s landlord. Under the Orbán government, the conditions for independent nongovernmental organizations (NGOs) in Hungary have deteriorated. In 2014, armed police carried out raids on 13 civil society organizations, seizing computers and documents for alleged financial misconduct. No charges were ever brought against the NGOs. In 2017, Hungary adopted a Russian-style "foreign agent" law which, according to the U.S. Department of State, “unfairly burdens a targeted group of Hungarian civil society organizations, many of which focus on fighting corruption and protecting human rights and civil liberties.” In 2018, Hungary passed a law establishing a 25 percent tax on organizations which engage in “propaganda activity that portrays immigration in a positive light.” It is a tax on government-disfavored speech. Hungary also adopted amendments to its "law on aiding illegal migration" that makes handing out know-your-rights leaflets punishable by up to one year in prison. Hungary will hold municipal elections on October 13.
First Person: The Role of the Peace Corps in Promoting DemocracyTuesday, July 30, 2019
By Gabriel Cortez, Charles B. Rangel Fellow & Returned Peace Corps Volunteer, Ukraine 2016-2019 Getting a high five has never felt as satisfying as it did in rural Ukraine. Even after three years serving as a Peace Corps Volunteer I cannot help but smile every time I remember one of my students extending their hand out for a “dye pyat.” I grew up in a large Mexican-American family in small-town California. Removed from the centers of international politics, the only diplomacy I knew was my brothers and sisters deciding who could use the family TV and when. Even as a kid I knew I wanted to be a part of something greater, to explore not only the United States but the other countries around the world, the ones they talked about in the news. The Peace Corps gave me and thousands of others that opportunity. For 58 years, the Peace Corps has sent Americans young and old to live and work in communities worldwide. Over 235,000 volunteers have served in 141 countries, ranging from Mongolia and Albania to Morocco and China. Volunteers commit to 27 months of service in the country they serve, working in several sectors including education, health, agriculture, community development, and youth development. As of July 2019, there are around 7,000 Peace Corps volunteers serving in 62 countries. Montenegro, an OSCE participating State, is the newest addition to the Peace Corps family, with volunteers slated to launch the program in 2020. The promotion of democracy is one of the central tenets of the Organization on Security and Cooperation in Europe (OSCE) and the Helsinki Final Accords. To that end, the Helsinki Commission has monitored aspects of the transition to democracy throughout Europe, including challenges to the rule of law, free and fair elections, and the impact of corruption. Peace Corps volunteers work concurrently in this field to demonstrate the strength democracy brings and help promote civic engagement in their sites. Schoolchildren from my site participating in an English Language Summer Camp in Krasyliv, Ukraine. When President John F. Kennedy created the Peace Corps in 1961, the program was designed for large groups of Americans to live abroad and promote the American way of life, including the best aspects of democracy. That mission continues today in the OSCE region, with volunteers serving in Ukraine and eight other OSCE countries, including Armenia, Georgia, Kyrgyzstan, and Mongolia. My Peace Corps service began in September 2016 but was inspired years prior. In 2014, when the Maidan Revolution occurred, I watched it on TV with amazement, drawn by the images of Ukrainians from all walks of life marching on their capital to advocate for a better future. Already eager to work with the Peace Corps, I knew from that moment that Ukraine was the country I wanted to serve in as a volunteer. Peace Corps Ukraine, which began in 1992, is the largest Peace Corps program operating anywhere in the world. Nearly 300 volunteers have served in the education, youth development, and community development sectors, as well as the President’s Emergency Plan for Emergency AIDS Relief (PEPFAR) programs. When volunteers arrive, they dedicate the first three months to training, learning the Ukrainian and/or Russian languages, discovering local culture, and exploring Ukraine’s history. After training, volunteers move to their permanent sites where they live and work for two years, tasked with the three goals of the Peace Corps. The first goal of Peace Corps is “to help the people of interested countries in meeting their need for trained men and women.” For Ukraine, this translates to projects focusing on English education, combatting corruption, and working with youth to develop healthy lifestyles. Since gaining independence in 1991, Ukraine has made progress in reorienting itself to the West; a strong partnership with the U.S. has been crucial in this journey. Peace Corps volunteers contribute to this mission every day. Whether it is through teaching English at schools, organizing a summer camp on gender rights, or helping a local NGO secure a grant to fund health projects, Peace Corps volunteers have a tremendous impact on the communities they live in. Volunteers ultimately help promote entrepreneurship and civic engagement, critical facets of the Helsinki Accords. The second goal, and perhaps the most important in Peace Corps Ukraine, is “to help promote a better understanding of Americans on the part of the peoples served.” As a former Soviet country, Ukrainians were disconnected from the world for over 70 years, learning about the United States through the limited movies, newspapers, and clothes smuggled past the Iron Curtain. Today, Peace Corps volunteers act as a bridge between both countries, promoting a positive image of the U.S. and bringing back a better understanding of Ukrainian culture. In communities like the one I served in, a small town with no other Americans, a volunteer’s presence is truly felt. I led discussions on race and gender, hosted events highlighting different American groups, introduced my students to American holidays, and much more. Acting as a cultural ambassador is an honor for any Peace Corps volunteer, and a role the program is founded upon. The third and final goal of the Peace Corps is “to help promote a better understanding of other peoples on the part of Americans.” Volunteers return from service eager to share their experiences with their friends and families. This may include organizing a speech at a local school, attending a Ukrainian-American event, or even joining an organization that focuses on Ukrainian issues. This allows returned Peace Corps volunteers the chance to talk to Americans about their experience in the country: their successes, challenges, memories, and more. In turn, Americans learn about Ukraine and other countries they have never had experience with or knowledge of. Teacher training at the Window on America in Kharkiv, Ukraine The Peace Corps is a unique agency that continues to change lives all over the world and receive bipartisan support in Congress. On the 49th anniversary of the Peace Corps, Co-Chairman of the Helsinki Commission Senator Roger Wicker (MS) noted, “The Peace Corps invests time and talent in other countries, but it pays dividends back here in the United States as well.” Helsinki Commissioner Ranking Member Sen. Ben Cardin (MD) reaffirmed his support of the Peace Corps on its 55th anniversary, stating, “Peace Corps volunteers represent the best qualities of American foreign policy. They come from all walks of life and from across the country [and] are saving lives. I could not be more proud of these Americans.” The introduction of the bipartisan H.R.3456 - Peace Corps Reauthorization Act of 2019 demonstrates Congress’ commitment to the Peace Corps. Helsinki Commissioners Rep. Steve Cohen (TN-09), Sheila Jackson Lee (TX-18), and Gwen Moore (WI-4) are co-sponsors of the bill, which would increase support for current and returned Peace Corps volunteers. Peace Corps volunteers work every day to develop the foundational tenets outlined by the Helsinki Accords. From promoting tolerance and non-discrimination, to developing education programs, to confronting corruption, Peace Corps volunteers exhibit the strength of the partnerships between OSCE participating States and work to improve the lives of others. True progress is rooted in the sustainable and long-term projects of Peace Corps volunteers and their communities. In Ukraine, I saw firsthand the impact the Peace Corps can have in developing communities: a summer leadership camp for middle school students, a newly built community center with music and dance classes in a small village, and an accounting transparency workshop that reduced corruption in several city management offices. Substantive changes are happening every day in villages, towns, and cities across the country and throughout Peace Corps-partnered OSCE countries. Peace Corps volunteers exemplify the foundations of the Helsinki Accords, promote democracy abroad, and help bolster OSCE participating States and other nations like Ukraine build a bright, hopeful, and prosperous future, one high-five at a time.
Hastings and Wicker Condemn Police Crackdown on Russian Pro-Democracy Protesters and Opposition Leader Alexei NavalnyTuesday, July 30, 2019
WASHINGTON—Following violent police crackdowns on protesters during a weekend of pro-democratic demonstrations in Moscow, as well as the arrest of Russian opposition leader Alexei Navalny days before the protest and his subsequent hospitalization, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “We condemn the extraordinary use of force by riot police against peaceful protesters in Moscow seeking a free and fair electoral process. Ahead of the upcoming September 8 municipal elections, we hope that the citizens of Russia will be able to exercise their rights to participate freely in the democratic process, including voicing their opinion about the transparency of the system of voting and nomination of candidates. “We also are concerned about the health of opposition leader Alexei Navalny, who was arrested on Wednesday, July 24, and subsequently hospitalized following an unknown ‘allergic reaction.’ We will be monitoring the situation closely.” Last weekend, thousands of Russian people took to the streets of Moscow to protest the exclusion of several opposition candidates from the ballot for upcoming City Duma municipal elections on September 8. On July 24, Russian opposition leader Alexei Navalny was arrested, reportedly for his plans to lead the protests. On Sunday, July 28, Navalny’s spokeswoman Kira Yarmysh announced that Navalny suddenly had been hospitalized while in government custody.
FIRST PERSON: UKRAINIAN PARLIAMENTARY ELECTIONSMonday, July 29, 2019
By Alex Tiersky, Senior Policy Advisor, Global Security and Political-Military Affairs “Why aren’t you doing your job?!” An unexpectedly tense early morning on July 21, 2019—Election Day in Ukraine: the polling station was more than 30 minutes late in opening. The shouted reprimand came from a voter, an older man who was one of several Kyiv residents who had been present and seeking to vote at this school in the center of the Ukrainian capital since well before 8:00 a.m., when the polls for the national parliamentary elections were supposed to open. His indignation was directed at the beleaguered leadership of the local polling station, who struggled to organize their work and follow the extensive procedures required to meet Ukrainian law and international best practices. *** As an official election observer representing the OSCE Parliamentary Assembly, I was at the polling station to observe the extent to which those best practices were followed. With my capable interpreter Natalya beside me, and in partnership with my experienced observation team partner Latvian MP Aleksandrs Kiršteins, I had arrived days earlier on the invitation of the Ukrainian government for a series of preparatory briefings. On Election Day, we would follow a prescribed plan of observation as part of a larger team of more than 800 international observers spread across Ukraine (with the exception of illegally occupied Crimea, and the Donbas region under the occupation of Russian-controlled forces, where holding a free and fair election would be impossible). *** The disorganized polling station was the first stop of the day for our team. While this was my first time serving as an election observer, I didn’t need the extensive and detailed procedural checklist and questionnaire provided by the OSCE to know that something was seriously amiss. My Latvian colleague confirmed, based on his extensive observation experience, that the situation was extremely unusual. The key problem seemed to be that the leadership of the team responsible for proper running of the polling station (the chair and the secretary, among others), recently had been replaced and the newcomers had little experience with their assigned duties. It was clear that they had done precious little preparation to be able to effectively direct the work of their team on Election Day. We had been warned during the extensive pre-election briefings provided by the OSCE that many local election officials across Ukraine had been replaced. The experts were concerned that this loss of institutional memory had the potential to hamper the operations of local electoral bodies—a warning that, in our case, proved prescient. At 8:45 a.m., a full 45 minutes after its scheduled opening time and to the relief of several increasingly agitated voters and local observers, the polling station finally began to process votes. Judging that tensions at the school building had de-escalated and the situation had achieved some normalcy, we dutifully finalized our observation—promptly reporting our findings to the OSCE election experts compiling statistics from other teams deployed across the country—and moved on to observe voting procedures at several other polling stations. Before leaving, given the challenges at the polling station, we resolved to return in the evening to observe closing procedures and the counting of the vote. *** We spent much of the rest of the day visiting several polling stations in the west of Kyiv. Contrary to our first observation, all the other polling stations we visited were extremely well-organized, with experienced and well-functioning teams of officials ensuring an orderly and transparent voting process. The civic pride demonstrated by the election officials and voters in properly exercising their democratic choice was evident in each location we visited. We witnessed voters of all ages casting their ballots in serene conditions, which we learned from other observation teams was largely the norm across Ukraine that day. *** As the afternoon turned to evening, it was time to return to our initial polling station to assess closing procedures and the start of the counting of ballots. With the station closing as planned at 8 p.m. on the dot, we were quietly hopeful that the morning’s problems had been resolved. Our optimism quickly proved misguided. The election officials were even more poorly directed by their leadership than they had been in the early hours of the day. After two hours of inconclusive progress toward beginning a count of actual ballots, the procedures ground to a halt in a cloud of remonstrations among several hard-working poll workers and local observers on one hand, and the polling station’s leadership on the other. In what I understood to be an extremely unusual development, the majority of the poll workers essentially sidelined their grievously underperforming leadership on the spot in order to better organize themselves. At this point, we needed to return to our home base to report on our observation, leaving behind several other international and local observers to witness what surely would be a long and challenging night of tabulation of ballots. *** As we returned to the hotel, I reflected on the day’s remarkable events. It struck me how counterintuitive some might find it that we had been allowed to witness the poor performance by the leadership of this particular polling station. After all, who wants to air their dirty laundry in front of international observers taking careful note of every discrepancy? It was then, for the first time, that I truly understood the key purpose of our election observation mission. OSCE participating States like Ukraine make the choice to invite international observation missions to their elections precisely because only in providing full transparency can a fair judgment on the electoral process be made. In other words, our observation and reporting of the procedural imperfections we witnessed only underlined the relatively excellent performance witnessed by observation teams in the vast majority of other polling stations across Ukraine. Only through the full transparency provided by impartial external observers using a standardized methodology can the people of Ukraine be sure that their electoral process, to the maximum extent possible, allows for the full and fair expression of their democratic choice. I feel honored to have been able to play even a very small part in this extremely consequential democratic process, and to help an OSCE participating State hold itself accountable to its commitment to the rule of law. I am already looking forward to the next opportunity to serve as an election observer.
Pipeline PoliticsTuesday, July 23, 2019
The Organization for Security and Cooperation in Europe (OSCE) promotes a strong and vibrant transatlantic relationship and fosters a peaceful and prosperous European continent. Slovakia, which holds the 2019 OSCE chairmanship, considers energy security a priority for what the OSCE terms the second dimension, the economic and environmental portfolio. In addition, Helsinki Commission Chairman Alcee Hastings has identified principled foreign policy—including the sustainable management of resources; battling corruption; and protecting the fundamental freedoms of all people—as a priority for the commission during the 116th Congress. At this briefing, the Helsinki Commission invited panelists to discuss the potential use of energy, specifically oil and gas projects, to achieve foreign policy goals, as well as the extent to which energy independence can reduce the ability of hostile actors to destabilize the region by threatening to cut off access to energy supplies. Experts weighed in on the nuances behind pipeline politics in Europe against the background of the current state of oil and gas markets, alongside strategic differences among European nations and between the European Union (EU) as an entity vs. its Member States. Panelists also discussed the ability of the United States to influence European pipeline politics, particularly given concerns raised regarding Russia’s Nord Stream 2 gas pipeline in the wake of Russian aggression in Ukraine. Senior Associate at the Center for Strategic and International Studies and noted energy expert Ed Chow emphasized that “mega” pipelines are expensive projects that cost billions of dollars and take at least three to five years to complete if everything goes well. Although such projects may be examined later from a foreign policy perspective, they have long-planned commercial justifications: pipelines are sponsored by oil and gas producers who seek to bring their product to market in the most efficient way possible. In many countries, governments may subsidize or invest in pipelines as public infrastructure. Nevertheless, unless the government is willing to bear the full financial risk, these projects require financially committed shippers of oil and gas, and a bankable market or creditworthy buyers at the end of the pipe. Chow noted that in Washington, analysts often debate whether certain projects are economically viable or politically motivated, but that the pertinent test is whether projects are bankable or not. If they are bankable, they will be built. If they are not bankable, they won’t. Colin Cleary, Director for Energy Diplomacy for Europe, Western Hemisphere and Africa, U.S. Department of State, highlighted America’s longstanding commitment to European energy security based on deep political, economic, cultural, and historical ties. He stated that the United States is invested in Europe’s political and economic welfare and stability, including its energy security. He noted that Europe relies significantly on Russia to meet its energy needs and that Russia has demonstrated its willingness to use energy as a geopolitical tool. Cleary also observed that the United States considers Russia’s Nord Stream 2 and the TurkStream pipelines as fundamentally political, rather than commercial, projects. By bypassing Ukraine, the pipelines will destabilize Ukraine economically and strategically—depriving the country of an estimated $3 billion a year in gas transit revenue—and to punish Ukraine for choosing to step outside of Moscow’s geopolitical orbit. He noted that all countries that are highly dependent on Russia for energy are vulnerable to Russian political and economic pressure. He emphasized later that the United States is not alone in opposing Nord Stream 2. In response, Cleary suggested pursuing diversification through liquified natural gas (LNG), nuclear energy, and renewable sources. He noted that the United States supports the European Union’s projects of common interest, such as greater interconnection in the European gas transit system, LNG hookups, and initiatives like Baltic Pipe, which is designed to channel Norwegian gas to Poland and the Southern Gas Corridor. Atlantic Council Senior Fellow David Koranyi emphasized that the state of energy independence in many European countries has improved greatly in the last decade. He noted that his home country of Hungary has about 6.3 billion cubic meters of gas storage facility, and that capacity is growing. While noting the dangers of both Nord Stream 2 and TurkStream, he also observed that the current negative rhetoric from Washington against these projects is unhelpful. Instead, the focus should be on what can be done in cooperation with European allies. For example, the Three Seas Initiative, which Congress is considering funding, would be a positive forum for strengthening cooperation. Koranyi also pointed to projects such as the Krk LNG terminal in Croatia as a way to build the infrastructure needed for greater diversification. He cautioned against putting too much hope in the East Mediterranean becoming a major source of natural gas to Europe any time soon, as the region faces its own geopolitical and economic challenges. Efgan Nifti, Director of the Caspian Policy Center, discussed the Southern Gas Corridor, stretching from the Caspian Sea to Western Europe, which has been a major focus of U.S. energy policy in Europe and Eurasia since the 1990s. He stated that the Southern Gas Corridor, often called the fourth energy corridor for Europe, is materializing rapidly. Gas already is being delivered to Turkey through the South Caucasus Gas Pipeline, with the Trans Adriatic and Trans Anatolian Pipelines soon to follow.
INVASION AND REVISIONMonday, July 22, 2019
By Annie Lentz, Max Kampelman Fellow The Soviet-Afghan War, which lasted for more than nine years, began with the December 1979 invasion following a Soviet-orchestrated coup and the subsequent appointment of Soviet loyalist Babrak Karmal as president of a communist Afghan government. The coup was a direct violation of international law and global norms as Afghanistan was—and remains—a sovereign and independent nation. In June 1981, two Mujahideen insurgent coalitions—one moderate, one fundamentalist—formed to combat Soviet influence over the Democratic Republic of Afghanistan. These new groups contributed to an increase in organized, effective guerilla attacks against Soviet forces, leading to the eventual Soviet withdrawal from the country following their failure to quell the Mujahideen insurgency. Four years earlier, the Soviet Union signed a collection of international agreements—including the Helsinki Final Act—committing to respect the rights of sovereign nations. By signing the Helsinki Final Act, the Soviet Union and 34 other countries pledged to refrain from exercising the threat or use of force, to observe the rights of peoples to self-determination, and to accept international principles of conduct, all commitments that the Soviet Union violated by invading Afghanistan. On July 22, 1981, during the early stages of the Soviet-Afghan war and shortly after the mobilization of the new Mujahideen coalitions, the U.S. Helsinki Commission held a hearing, “Soviet Violation of Helsinki Final Act: Invasion of Afghanistan,” to examine how the Soviet invasion of Afghanistan was not only a violation of international law but also of the terms of the Helsinki Final Act. Then-Chairman Rep. Dante Fascell chaired the hearing, saying, “The Soviet invasion has clearly undermined the spirit and intentions of the principles embodied in the Final Act. Most importantly the invasion of this formerly independent state has severely damaged the international climate and has done great harm to East-West relations.” Rep. Don Bonker, then-Chairman of the House Subcommittee on Human Rights and International Organizations, noted, “There is hardly a single international agreement, treaty, rule of law, custom or civilized behavior that the Soviets have not violated during their bloody occupation and suppression of the Afghan population.” He went on to urge the Reagan administration to use U.S. allies to convince the Soviets that an independent Afghanistan was in the best interest of all parties. Prior to the Helsinki Commission hearing, the international community’s response to the Soviet Union had been growing more severe. On top of escalating sanctions and embargoes which exasperated tensions from the Cold War, in 1980, the U.S. led a boycott of the Summer Olympics hosted in Moscow. In 1984, the Soviet Union did the same to the Summer Olympics in Los Angeles. The retaliatory actions continued through the end of the war, deepening the strain between the U.S. and the Soviet Union. Despite the signing of the Geneva Accords (1988), an international agreement aimed to resolve the situation in Afghanistan, the Mujahideen refused to accept the terms and continued fighting until Soviet forces (or the Soviet military) withdrew in 1989. The conflict resulted in upwards of two million civilian casualties and forced 5.5 million Afghans to flee as refugees. The failure of Soviet forces to win the war or quell the Mujahideen insurgency is thought to have contributed to the collapse of the Soviet Union. The failure to win the Cold War proxy battle having an extensive impact on Soviet politics and the perceived legitimacy of the Soviet government. The Soviet-Afghan War left the Afghan government in ruins. It would take years for significant progress to be made, and even then, the deteriorated state of the government and the economy left the country susceptible to extremist groups. In 1999 the United Nations Security Council adopted Resolution 1267 to combat terrorist entities in the country, including the Taliban, which can trace its origins to the aftermath of the Soviet-Afghan War. Unfortunately, the UN’s efforts proved insufficient, allowing for the rise of Al-Qaeda and other extremist groups. For the past few decades, the Helsinki Commission has worked closely to promote human rights and security in Afghanistan, holding hearings to support the country’s progress and recovery. The Commission has also worked to ensure the U.S. upholds its own international commitments. The Russian Government remembers the conflict differently. The Kremlin is using the 30th anniversary of Soviet troop withdraw for political gains, passing legislation this year to subsequently justify the conflict. Such legislation continues Vladimir Putin’s trend of historical revisionism and deepens the divide between the Kremlin’s political narrative and history.
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