OSCE representatives, community leaders share urgent proposals to combat discriminatory police violenceMonday, October 12, 2020
On October 6, 2020, the OSCE Office of the High Commissioner on National Minorities, in cooperation with the Helsinki Commission, convened “Policing in Diverse Societies: Principles and Good Practices.” The webinar, which provided an opportunity to exchange knowledge, challenges and best practices, attracted over 100 attendees including practitioners, parliamentarians, and other representatives of the OSCE participating States. Christophe Kamp, officer-in-charge of the OSCE High Commissioner on National Minorities, opened the online event, one of several taking place ahead of next year’s 15th anniversary of the 2006 Recommendations on Policing in Multi-Ethnic Societies. Participants assessed the continued relevance and operational applicability of these guiding principles, as well as how best to further their scope. Senator Ben Cardin, Helsinki Commission Ranking Member and OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, highlighted relevant legislation that has been introduced in the U.S. and focused on law enforcement reform as a way forward following protests over discriminatory, aggressive policing. “From Russia to Canada, our country is not alone in confronting issues of discriminatory policing and racial justice in the region,” he noted. “Working together with the High Commissioner’s office and other OSCE institutions, we can strengthen efforts to ensure that racial justice and the protection of human rights for all as enshrined in the Helsinki Final Act.” Ambassador Lamberto Zannier, a high-level expert for the OSCE Parliamentary Assembly and former OSCE High Commissioner on National Minorities, underscored the role of police violence in interethnic conflict and instability in societies. He discussed protests that erupted across the OSCE region following the tragic death of George Floyd and how aspects of the OSCE, such as its Police Matters and Tolerance and Non-discrimination units, could be instrumental in reducing conflict in the region. Other speakers included Hilary O. Shelton of the NAACP, who emphasized the urgent need to implement cultural sensitivity and awareness training for police forces. He said this training could decrease discrimination, combat stereotypes, and foster relationships between law enforcement and communities. Anina Ciuciu, community organizer of Collective #EcolePourTous, highlighted the need for structural changes in France to address police violence and brutality and noted continuing incidents between police and Romani communities. She shared that on average, minorities are “20 times more likely to be checked by police, and three times more likely to be brutalized by police.” Nick Glynn, senior program officer with Open Society Foundation and a former UK police officer, called for increased diversity in law enforcement, an expansion of community policing and demilitarization of police to address the multifaceted problem. Ronald Davis of the Black National Organization of Black Law Enforcement Executives cited the need for systematic changes in law enforcement, including changes in police culture. Alex Johnson, U.S. Helsinki Commission Chief of Staff, moderated the discussion and detailed the history of law enforcement in the U.S. “The policing system from a perspective of personnel and practice should reflect the diversity of their societies, be it linguistic, ethnic, racial, religious, or any other identity,” he concluded.
The Consensus RuleMonday, October 05, 2020
The OSCE operates using a consensus decision-making process. Consensus fosters ownership of decisions by all OSCE participating States, enables them to protect key national priorities, and creates an important incentive for countries to participate in the OSCE. It also strengthens the politically binding nature of OSCE commitments; participating States cannot claim that they did not agree to or are not bound by decisions to which they have given explicit consent. However, consensus can be difficult to achieve, and the rule allows a single state to block decisions on OSCE activities, new commitments, appointments, and budgets. Over the years, there have been calls to reform the consensus decision-making process. Although the consensus rule can only be changed by consensus, it could be improved by establishing greater transparency in the decision-making process. Download the full report to learn more. Contributor: Erika Schlager, Counsel for International Law
Ranking Member Sen. Cardin to Join OSCE Event on Policing in Diverse SocietiesThursday, October 01, 2020
WASHINGTON—On October 6, 2020, Helsinki Commission Ranking Member Sen. Ben Cardin (MD) will join the office of the OSCE High Commissioner on National Minorities for an online event to discuss the principles of policing in diverse societies, as well as challenges and best practices among OSCE participating States. POLICING IN DIVERSE SOCIETIES Principles and Good Practices Tuesday, October 6, 2020 9:30 a.m. – 12:00 p.m. EDT / 3:30 p.m. – 6:00 p.m. CEST Watch Live: https://www.youtube.com/watch?v=D3mDc6TDQo8 Sen. Cardin, who also serves as the OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism, and Intolerance, will offer opening remarks at the event. Other speakers include: Christophe Kamp, OSCE High Commissioner on National Minorities, Officer in Charge Hilary Shelton, Director of the National Association for the Advancement of Colored People (NAACP) Washington Bureau, Senior Vice President for Advocacy and Policy The event follows more than a decade of racial justice efforts by the U.S. Helsinki Commission, including a bicameral letter sent to the President of the European Commission in July 2020 led by Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Helsinki Commissioner Rep. Gwen Moore (WI-04). The letter, which also was signed by Sen. Cardin; Helsinki Commissioners Sen. Jeanne Shaheen (NH), Rep. Emanuel Cleaver (MO-05), and Rep. Marc Veasey (TX-33); and 35 other Members of Congress, called for a sweeping plan of action following the European Parliament’s Juneteenth Day resolution.
Helsinki Commission Leaders Mourn Death of Moscow Helsinki Monitoring Group Founder Yuri OrlovWednesday, September 30, 2020
WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) today expressed sorrow over the death on September 27 of physicist Yuri Orlov, the founder of the Moscow Helsinki Group. “Yuri Orlov truly stood out among the great 20th century human rights activists,” said Chairman Hastings. “While many questioned the value of the 1975 Helsinki Final Act, he was quick to see its comprehensive definition of security as an opportunity to advance the cause of human rights in the Soviet Union. He founded the Moscow Helsinki Group with other courageous individuals, and paid the price of nearly a decade of imprisonment, hard labor, and internal exile. Throughout his ordeal, he never questioned his decision nor gave up on his dream. His hope gave us hope and made him a true hero.” “Without Yuri Orlov, we might not have the OSCE as we know it today,” said Co-Chairman Wicker. “He understood that the Helsinki Accords were unique in addressing relations between states, as well as between governments and citizens. He helped embolden millions of ordinary people to stand up for their rights against repressive regimes. He also helped convince the world that the human rights violations documented by the Moscow Helsinki Group were legitimate and rightful concerns for all. The international human rights movement owes much to his brilliance and fortitude.” Born in Moscow in 1924, Yuri Orlov was a physicist whose scientific career in the Soviet Union was first limited and then cut short by his support for human rights and democratic change, beginning in the 1950s. In 1973, he became a founding member of the Soviet chapter of Amnesty International. In May 1976, he founded the Moscow Helsinki Group and helped to establish similar groups elsewhere in the country. This was the start of an international human-rights monitoring movement based on the principles and provisions of the Helsinki Final Act that continues to this day. In February 1977, Orlov was arrested, imprisoned for one year, and after a short show trial, sentenced to seven years' strict- regime labor camp and five years in exile for "anti-Soviet agitation and propaganda." Persecution of its members led the Moscow Helsinki Group to stop its work from 1982 to 1989. While in Siberian exile in 1986, Orlov was stripped of his Soviet citizenship and deported as part of a deal in which U.S. journalist Nicholas Daniloff was traded for a Soviet spy. After arriving in the United States, Orlov immediately resumed his human rights advocacy, and then his scientific work as a senior scientist at Cornell University. Continuing his advocacy of human rights in Russia and around the world, in 2005 he was the first recipient of the Andrei Sakharov Prize awarded by the American Physical Society to honor scientists for exceptional work in promoting human rights. In “Dangerous Thoughts: Memoirs of a Russian Life,” published in 1991 in the United States, Orlov tells the story of his life as a dissident in the Soviet Union.
Hastings, Wicker, and Hudson Call For De-Escalation of Nagorno-Karabakh FightingTuesday, September 29, 2020
WASHINGTON—After a major outbreak of violence between Armenian and Azerbaijani forces Sunday in Nagorno-Karabakh, Helsinki Commission leaders Chairman Rep. Alcee L. Hastings (FL-20), Co-Chairman Sen. Roger Wicker (MS), and Commissioner Rep. Richard Hudson (NC-08) deplored the loss of life on both sides and called for the immediate cessation of violence and resumption of negotiations. “I am deeply concerned about the resumption in fighting between the sides, and the needless suffering it is once again inflicting on civilians,” said Chairman Hastings. “The sides must immediately cease hostilities and return to the positions held prior to Sunday’s events, in order to de-escalate the situation.” “This renewed outbreak of hostilities is a serious threat to regional stability. I hope it will not spark a broader confrontation,” said Co-Chairman Wicker. “Outside parties should not exacerbate the situation by intervening in the violence.” “The sides must use the auspices of the OSCE Minsk Group to find a solution to this conflict,” said Rep. Hudson, who also chairs the OSCE Parliamentary Assembly Committee on Political Affairs and Security. “There is no alternative to a peaceful negotiated solution of the conflict. We in the United States intend to maintain our efforts to work with the sides to settle the conflict peacefully and sustainably.” Heavy fighting broke out Sunday between Armenian and Azerbaijani forces along the line of contact separating the sides in the conflict over the disputed Nagorno-Karabakh region. The exchange of air strikes, rocket attacks, and artillery fire killed dozens of soldiers and civilians and injured more than a hundred, marking the worst fighting since 2016. Armenian forces occupy most of Nagorno-Karabakh and all or part of seven surrounding Azerbaijani provinces, all within Azerbaijan’s internationally recognized boundaries. The sides fought a war in the early 1990s over the fate of the historically Armenian-majority enclave following the collapse of the Soviet Union, ending in a 1994 ceasefire that governs the conflict today. Since the late 1990s, the United States, France, and Russia have co-chaired the OSCE Minsk Group process, the international format dedicated to facilitating a negotiated resolution to the conflict.
ONGOING TRANSATLANTIC ENGAGEMENT THROUGH THE OSCE PARLIAMENTARY ASSEMBLYThursday, September 24, 2020
Mr. HUDSON. Madam Speaker, I rise today to highlight my recent efforts to engage with our allies across Europe to address the current political turmoil in Belarus and seek a way forward. On September 23, I joined a video call of the leadership of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE PA), where I serve as Chairman the Committee on Political Affairs and Security. Joining us for the discussion were the Head of the Belarusian delegation to the OSCE PA, Mr. Andrei Savinykh, and the leader of the Belarusian opposition and former presidential candidate, Ms. Svetlana Tikhanovskaya. Ms. Tikhanovskaya shared with us the long struggle of the people of Belarus for their rights under President Alexander Lukashenko's 26-year authoritarian rule. The fraudulent presidential election on August 9, in which Lukashenko claimed he ``won'' with over 80 percent of the vote, led thousands of Belarusians across the country to come out into the streets. They risk physical harm and imprisonment to demand free and fair elections and the release of political prisoners. Unfortunately, these individuals have been met with brute force from the authoritarian regime. They continue to injure and detain protestors, journalists, and even bystanders on a massive scale. Instances of torture in detention have been reported, and some have been killed. Lukashenko is clearly afraid for his political future. In another desperate move, he recently held an illegal, early "inauguration'' in an attempt to consolidate his illegitimate power. I strongly condemned Lukashenko's violent repression of Belarusians and express solidarity for their desire to choose their own leadership in a democratic and transparent manner and to exercise their fundamental freedoms without fear of violent repercussions or harassment. During our meeting, I noted two particular cases that we in the United States are watching closely. U.S. citizen Vitali Shkliarov, who was in Belarus visiting family, was unjustly detained in July and languishes in a Belarusian prison since the end of July. We are concerned for his welfare and I called for his release. I also mentioned that the Roman Catholic Archbishop of Minsk-Mogilev, Tadeusz Kondrusiewicz, has been denied re-entry to Belarus after a visit abroad, even though he is a citizen. He has openly criticized the government's use of violence against peaceful people, including the detention of priests and clergy, and we fear that this too is a political act on the part of Lukashenko and an infringement on religious freedom. The future of Belarus belongs to its people, and, as Secretary of State Mike Pompeo has emphasized, this path should be ``free from external intervention.'' Indeed, my colleagues in the OSCE Parliamentary Assembly understand that it is not our place to choose the leadership of Belarus, but to use the unique role of the OSCE Parliamentary Assembly as a representative body to foster authentic dialogue, prevent and resolve conflict, and hold each other accountable. As an OSCE participating State, Belarus has an obligation to abide by the provisions of the Helsinki Final Act, including those on human rights and fundamental freedoms. I am pleased that 17 participating States of the OSCE, including the United States, have invoked the Moscow Mechanism, which will establish a mission of independent experts to look into the particularly serious threats to the fulfillment of human rights commitments in Belarus. The report that the mission issues will hopefully offer us greater insight into the situation in Belarus and recommendations for future actions. It is a privilege, through the U.S. Helsinki Commission, to represent the United States Congress in the Parliamentary Assembly of the OSCE. The Parliamentary Assembly provides Members of Congress with a unique, bipartisan opportunity to work with our friends and allies to help resolve pressing global issues while promoting our shared values. Because the Parliamentary Assembly includes representatives of Belarus and our European allies, it is uniquely suited to address the human rights and security implications of the moment in Belarus. Madam Speaker, please join me today in calling for an end to violence and mass detentions in Belarus and recognizing the importance of continued Congressional engagement with the Parliamentary Assembly of the OSCE.
2020 Human Dimension Implementation Meeting Cancelled Due to PandemicFriday, September 18, 2020
By Erika Schlager, Counsel for International Law “The work of the OSCE human dimension has also been impacted, no doubt by this unprecedented pandemic. As you know, the OSCE annual Human Dimension Implementation Meeting – Europe’s largest annual human rights and democracy conference – will not take place this year. This is a huge loss for our organization. Together with Permanent Council, Human Dimension Implementation Meeting is a constituent part of the OSCE’s mechanism for the review and assessment of the implementation of our commitments. With around 2,000 participants from across the whole OSCE region, it is also the primary forum for our citizens to take a direct part in the life of our organization.” - Prime Minister of Albania Edi Rama, 2020 OSCE Chair-in-Office, at a September 17, 2020, hearing before the Helsinki Commission On September 11, 2020, the OSCE Permanent Council decided, as an exceptional measure without precedent for the future, to cancel the 2020 OSCE Human Dimension Implementation Meeting (HDIM) planned for September 21 – October 2. The decision reflects the singular and unpredictable circumstances of 2020 due to the COVID-19 pandemic. OSCE rules mandate that HDIMs, a comprehensive review of the participating States’ implementation of their human dimension commitments, are held every year in which there is not a summit. (In the event that a summit is convened, the summit is preceded by a review conference that evaluates implementation in all three OSCE dimensions, including military security, economic and environmental cooperation, and the human dimension.) HDIMs are unique among OSCE meetings because of the combination of their large size (typically drawing a thousand participants), duration (two full consecutive weeks), press access, and ability of non-governmental organizations both to participate in and speak at the meetings on an equal footing with governments and to organize side events. Governments regularly conduct bilateral meetings on human dimension issues on the margins. Additionally, the United States holds daily open-door meetings with civil society representatives. When announcing the HDIM decision, the Albanian OSCE Chair-in-Office confirmed that it instead would convene a series of online events throughout the remainder of the year, with the support of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), to maintain focus on topical issues related to human rights, democracy and the rule of law. In a statement following the announcement, the United States supported “creating and/or seizing other opportunities within the OSCE to spotlight human dimension issues, including by holding other meetings, to the maximum extent possible with provision for virtual civil society participation. However, we underscore that any such activities, with or without NGO participation, are not substitutes for the HDIM.” Alluding to shortcomings in human rights compliance, democratic weaknesses, racial inequities, and social vulnerabilities that the pandemic has revealed and, in some cases, amplified, the United States further stated that “vigilance will be especially important given the challenging pandemic conditions.” Following the decision, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) said, “OSCE participating States should continue to engage in a robust implementation review of their human dimension commitments through the OSCE Permanent Council, December’s Ministerial Council, and other scheduled events and meetings facilitated by the Chair-in-Office and the OSCE Office for Democratic Institutions and Human Rights. Implementation of shared commitments remains the ultimate purpose of this 57-nation organization.” The COVID-19 pandemic has affected the work of the OSCE mid-March. Meetings of the Permanent Council, the OSCE's main decision-making body, initially were canceled in line with Austrian Government requirements and later shifted to an online platform, before settling into its current, hybrid format combining online and limited in-person participation. Other OSCE meetings and events also have been scaled back, postponed, canceled, or shifted to online platforms in response to host-government mandates related to public meetings, quarantines, and broader issues of border closings and travel restrictions. The OSCE Parliamentary Assembly (PA) also has had to alter its planned activities. The April Bureau Meeting was held using an online platform. The Annual Session, scheduled for Vancouver in July, and the Autumn Meeting, scheduled for October in San Marino, were canceled. In lieu of these events, 40 parliamentarians participated in a virtual Standing Committee meeting in early July, followed by nine online, inter-parliamentary dialogues to consider the impact of COVID-19 on human rights; economic security; conflicts in the region; the environment; and other issues and yielded a publicly available report of recommendations on strengthening compliance on shared commitments.
Albania's Chairmanship of the OSCEThursday, September 17, 2020
In 2020, the Organization for Security and Cooperation in Europe (OSCE) has faced the unprecedented challenge of a global pandemic while many participating States struggle—or fail—to live up to their commitments in the areas of human rights, democracy, and the rule of law. In this context, the Helsinki Commission held its traditional hearing with the annually rotating OSCE chairmanship to discuss priorities and exchange views on current issues. Helsinki Commissioner Rep. Emanuel Cleaver, II (MO-05) chaired the hearing. Sen. Ben Cardin (MD) took the floor first to recognize that this year has been extraordinarily difficult as the OSCE under Albanian leadership works to resolve the appointment of senior leaders to OSCE positions, respond to brutal human rights violations in Belarus, address the gross violations of the Helsinki principles by the Russian Federation against Ukraine and other neighbors, and combat the threat posed by far-right extremists and hate groups. Sen. Cardin encouraged Prime Minister Rama to remind the diplomatic representatives of the OSCE participating States that they must all work to preserve and strengthen the values, institutions, and mechanisms that the OSCE offers. He assured Prime Minister Rama that the Helsinki Commission will work with the executive branch to ensure continued bipartisan U.S. support, engagement, and critical leadership of the OSCE. Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) commended Prime Minister Rama for his prompt response to the ongoing situation in Belarus and his rejection of attempts to weaken the OSCE response with false statements of moral equivalency among participating states. He also emphasized the importance of working with the OSCE Parliamentary Assembly, believing that engaging friends and even potential adversaries through parliamentary diplomacy helps to achieve the aims of the Helsinki Final Act. Prime Minister Rama asserted that, despite the challenges 2020 has presented, the OSCE can be proud of how it has navigated the restrictions and the many complications from COVID-19. It has kept discussion alive—both in the Permanent Council and through conferences and webinars—while field operations have continued to carry out their important mandates. He acknowledged there are weaknesses within the OSCE due to participating States not being able to reach consensus for the reappointment of the four leading positions: the Secretary General, the Director of the Office for Democratic Institutions and Human Rights (ODIHR), the High Commissioner on National Minorities, and the Representative on Freedom of Media. Nevertheless, he assured the Commissioners that “the chairmanship has stepped in to ensure the executive structures have sustained leadership and management.” “We must never compromise on our values of full respect for democracy and human rights. Our shared commitments must be upheld by all participating states, at all times and in all situations. And it is our responsibility to call the attention of our peers to violations and shortcomings anywhere in our region… "The Helsinki recipe for peace in Europe is simple, yet effective: Respect for sovereignty and territorial integrity, together with respect for human rights and fundamental freedoms.” – Prime Minister of Albania Edi Rama, OSCE Chair-in-Office, 2020 Prime Minister Rama also emphasized facilitating electoral and constitutional reform in Belarus, in addition to improving the human rights situation, must be immediate. He underscored three necessary steps that: an immediate end to violence and arbitrary arrests on the part of authorities; full respect for the right of peaceful assembly; and prompt, thorough, and independent investigation of the conduct of law enforcement authorities. Asked by Commissioner Rep. Steve Cohen (TN-09) about concerns regarding the rule of law, safety and respect for the press, and the opportunity for people to vote and participate in the political process in the United States, Prime Minister Rama expressed confidence that “the United States is mature enough and is strong enough in its own institutions to deal with whatever political debate and whatever political consequence of a debate that might be polarizing.” He concluded by stressing the need for standing up against all forms of racism, discrimination, and intolerance, and to reaffirm the values of humanity as the dehumanizing rhetoric of the “other” is again being normalized in public discourse across the OSCE region. Related Information Witness Biography
Chairman Hastings on Cancellation of OSCE’s 2020 Human Dimension Implementation MeetingFriday, September 11, 2020
WASHINGTON—Following today’s announcement by the OSCE that its annual Human Dimension Implementation Meeting (HDIM) will exceptionally not take place in 2020, due to the “unique, unprecedented and unpredictable circumstances caused by the COVID-19 pandemic,” Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “Today’s unanimous decision by the OSCE participating States to cancel the 2020 HDIM was a difficult, but correct, call to make. “While it is impossible to safely hold a large in-person gathering, we should use this time wisely by redoubling our efforts to ensure that all OSCE participating States implement their OSCE commitments. The pandemic has revealed—and in some cases amplified—human rights shortcomings, democratic weaknesses, racial inequities, and social vulnerabilities across the region. Some governments are even exploiting the health crisis to further entrench authoritarian regimes. “OSCE participating States should continue to engage in a robust implementation review of their human dimension commitments through the OSCE Permanent Council, December’s Ministerial Council, and other scheduled events and meetings facilitated by the Chair-in-Office and the OSCE Office for Democratic Institutions and Human Rights. Implementation of shared commitments remains the ultimate purpose of this 57-nation organization.” The OSCE’s Human Dimension Implementation Meeting (HDIM) is the region’s largest annual human rights conference, and typically brings togethers hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to engage in a comprehensive review of the participating States’ compliance with their human rights and democracy commitments. The meeting is held in Warsaw, Poland, where the OSCE’s Office for Democratic Institutions and Human Rights is headquartered.
Albanian Prime Minister Edi Rama to Appear at Helsinki Commission HearingWednesday, September 09, 2020
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: ALBANIA’S CHAIRMANSHIP OF THE OSCE Responding to the Multiple Challenges of 2020 Thursday, September 17, 2020 1:00 p.m. Watch Live: www.youtube.com/HelsinkiCommission In 2020, Albania holds the chairmanship of the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—with a multi-dimensional mandate and a 57-country membership stretching from North America, across Europe, and to Central Asia and Mongolia. This year, the OSCE has faced the unprecedented challenge of a global pandemic and the clear urgency of action against racism, while maintaining its necessary focus on other longtime concerns often impacted by these developments. These concerns include Russia’s continued aggression in Ukraine and threats to other nearby or neighboring countries; protracted conflicts in Transnistria, Georgia, and Nagorno-Karabakh; and political leaders in Belarus as well as in Russia, Azerbaijan, Turkey, and other OSCE countries seeking to undermine democratic institutions and stifle dissent in every sector. Many countries are struggling—or failing—to live up to their OSCE commitments in the areas of human rights, democracy, and the rule of law. Vulnerable communities, including migrants, are targets of discrimination and violence. Uncertainties in the Western Balkans and Central Asia remain. The recent decision of some countries to block reappointments of senior officers at key OSCE institutions undermines the organization at a time when effective contributions to security and cooperation across the region are so deeply needed. The Helsinki Commission regularly holds a hearing allowing the annually rotating OSCE chairmanship to present its priorities for the year and to exchange views on current issues. Albanian Prime Minister Edi Rama, who holds his country’s foreign affairs portfolio, will appear at this hearing to discuss the performance of the OSCE thus far in 2020 and to share his views in advance of the OSCE Ministerial Council meeting scheduled for early December.
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The OSCE: A Bulwark Against AuthoritarianismThursday, August 13, 2020
As we mark the 45th anniversary of the 1975 signing of the Helsinki Final Act, the founding document of today’s Organization for Security and Cooperation in Europe (OSCE), the ideals of democracy that had been advanced by that pact—freedom of speech, freedom of religion, and civil liberties—are under threat. In 1975, Soviet totalitarianism was the great threat to human rights and fundamental freedoms; today, authoritarianism poses a growing threat to human dignity and rights in the region. Authoritarianism is a fact of life in much of Eurasia, a reflection of the actual worldwide tension between countries defending universal human rights obligations and countries attempting to undermine trust in democratic institutions and promote an authoritarian model. This is true not only in repressive nations like Russia; even among some U.S. partner countries, there are warning signs. Some nations have also taken it upon themselves to block vital leadership roles in international institutions during a global pandemic unlike anything we have seen in a century. The ultimate outcome of this conflict is up to us. Liberty and human rights will prevail, but only if freedom-loving people everywhere join together to defend and preserve human rights and fundamental freedoms for all. Many international institutions dedicated to freedom and human rights were founded with U.S. support in the wake of World War II, in which more than a million U.S. citizens were either killed or wounded and trillions of dollars spent on the effort to defeat fascism. Democratic ideals are ingrained in the founding charters that established those organizations. For nearly 75 years, such institutions have consistently served as a bulwark against totalitarianism, communism, terrorism, and other forms of tyranny; limited conflict among nations; helped raise millions out of poverty; and spread democratic values throughout the world. The OSCE grew out of the Helsinki Final Act, a 1975 political agreement among the United States, Canada, the Soviet Union, and other European nations. Signed by both democratic and communist regimes, the Final Act acknowledged openly that respect for human rights within states is crucial to security among states, and that human rights concerns could legitimately be raised among signatories. Today, the OSCE is the world’s largest regional security organization, encompassing 57 countries in Europe, as well as the United States and Canada. It includes Russia, Ukraine, and many other successors of the former Soviet Union, reaching as far east as Central Asia and Mongolia, and north beyond the Arctic Circle. The phrase “Vancouver to Vladivostok” accurately describes the organization’s reach. With its “comprehensive concept of security,” the OSCE addresses military security, economic and environmental cooperation, and human rights and takes steps to prevent, manage, and resolve conflict within and among its members. The OSCE also supports the democratic development of nations that gained or regained independence in the post-Cold War period and are still finding their footing, often torn between corruption and the promise of a democratic future. Thirteen OSCE field missions operate in member countries seeking assistance in developing their democratic institutions. The OSCE recognizes and supports the important role played by civil society and the media in holding governments to account for blatant human rights violations and abuses of power. Unprecedented Gap in OSCE Leadership OSCE institutions—including its assembly of national legislators—foster an essential defense against the spread of authoritarianism. However, despite its comprehensive vision, we are now faced with an unprecedented gap in leadership at the OSCE due to the block on the extension of mandates for four senior leaders, including the Secretary General. Each week, the OSCE Permanent Council—comprising ambassadors to the OSCE from each participating State—meets in Vienna, Austria. In this forum, the United States seeks to shine a light on contraventions of States’ OSCE tenets and violations of international law. The OSCE independent institutions, like the field missions, carry those messages forward. In addition to the organization’s other work defending human rights and fundamental freedoms, its Office for Democratic Institutions and Human Rights (ODIHR) manages the OSCE’s election observation missions, internationally recognized as the “gold standard” for their methodology. Other independent offices lead the OSCE’s work on Freedom of the Media and rights of national minorities. Unfortunately, in July, these vital institutions were deprived of strong and consistent leadership by countries—including Azerbaijan, Tajikistan, and Turkey—that seem intent on attempting to weaken the OSCE’s ability to hold countries accountable for their actions and undermining the principles of the Helsinki Final Act. The executive and legislative branches of the U.S. government are partners in bringing American leadership to support the OSCE’s work. Several times each year, members of Congress—including lawmakers serving on the U.S. Helsinki Commission, which monitors implementation of the Helsinki Accords —gather at meetings of the OSCE Parliamentary Assembly, where they secure political commitments and build mutually beneficial relationships among legislators from the OSCE’s participating States to help push back against anti-democratic actions by national governments. Unfortunately, several OSCE participating States—countries that have repeatedly committed to upholding the principles and values enshrined in the Helsinki Final Act— are exhibiting a troubling slide toward authoritarianism. The United States and our democratic allies have criticized efforts to restrict and persecute journalists, human rights defenders, civil society, members of the political opposition, and members of ethnic and religious minorities. We also have jointly criticized efforts to stifle media freedom and limit political pluralism in Russia, Belarus, Azerbaijan, Tajikistan, and Turkmenistan, as well as raised concerns about media consolidation in Hungary, and limitations on freedom of speech and freedom of the press elsewhere. Russia’s Destabilizing Actions No OSCE participating State bears more responsibility for fomenting mistrust, insecurity, corruption, and human rights violations and abuses in this region than the Russian Federation. Russia’s destabilizing actions contravene all 10 Helsinki Final Act principles, ranging from respect for human rights to the prohibition of military incursions into neighboring countries. Russia continues its aggressive actions in Ukraine, including its purported annexation of Crimea. The proxy forces Russia arms, trains, leads, and fights alongside in eastern Ukraine make it dangerous for the unarmed OSCE Special Monitoring Mission to Ukraine to fulfill its Permanent Council-approved mandate to monitor the conflict. Russia uses its resources—economic, political, informational, and military—to defeat freedom and democracy. Russia does not rely on military force alone to threaten democratic governance; it also uses hybrid tactics daily, ranging from cyber intrusions to influence campaigns — aimed at undermining democratic elections. We hope that someday, authoritarian countries like Russia will start behaving again according to the rules of international law. Unfortunately, these countries currently reject the values of democracy, liberty, and human rights. The authoritarian regimes view democracy as an existential threat—hence the actions some of them have taken to restrict the OSCE’s ability to do its work. The struggle today is between those who believe authoritarianism is the right way forward and those of us who still believe that Thomas Jefferson was right in his declaration that the desire for freedom exists within the heart of every human being. In a hyper-connected modern world in which disinformation becomes an ever more powerful weapon and the divisions within free societies are exploited by malign actors, U.S. membership in organizations like the OSCE emphasizes clearly, openly, and emphatically that America will not cede the field to the authoritarian regimes. We will not allow them to be the ones to dictate what is truth and what is fiction. Human Rights and Ideals Just as Valid in 2020 Through the OSCE, the United States directly confronts the deceit of Russia and other authoritarian powers. By raising our voices, through our participation and leadership, we reassure our friends that the United States stands with them and supports our shared values against the growing tide of autocracy. By raising our voices, we remind allies and adversaries alike that the United States remains engaged and committed to what is fair, what is right, and what is true. Together, our U.S. Mission to the OSCE and the U.S. Helsinki Commission remind allies and adversaries alike that America will not ignore regimes that are actively hostile to our values and see our liberty as an existential threat. We will always prioritize respect for human rights and fundamental freedoms, defend the principles of liberty, and encourage tolerance within societies, because such efforts are vital to the promotion of democracy and to U.S. national security. We reject the authoritarian notion that our fundamental freedoms are a weakness. They are our greatest strength. The United States and other like-minded countries use the power of the OSCE to show that human rights and ideals are just as valid in 2020 as they were in 1975, when the Helsinki Accords were signed. These rights not only ensure the physical, economic, and mental wellbeing of all our populations, they make the countries’ governments stronger by building legitimacy in the eyes of their citizens. America’s unwavering support of these values through multilateral organizations like the OSCE remains vital. As noted in the Trump administration’s U.S. National Security Strategy, “Authoritarian actors have long recognized the power of multilateral bodies and have used them to advance their interests and limit the freedom of their own citizens. If the United States cedes leadership of these bodies to adversaries, opportunities to shape developments that are positive for the United States will be lost.” The OSCE deserves to be recognized by the people of both the United States and our allies and partners as a valuable tool in the fight against autocracy. We must not abandon it by leaving its most important institutions without leadership beyond its 45th anniversary. Instead, through our efforts, and those of our allies and partners in the OSCE, we must continue to defend liberty and human rights in our region and provide a beacon of hope for citizens everywhere who aspire to a free and democratic future.
RUSSIAN CYBER ATTACKS ON COVID RESEARCH CENTERSThursday, July 23, 2020
Madam Speaker, I rise today to strongly condemn the recently reported Russian cyber attacks on United States, United Kingdom and Canadian COVID-19 research centers. As the world continues to battle the COVID-19 pandemic, Vladimir Putin's regime has once again lived up to its reputation for lawlessness and cynicism by targeting vaccine research and development organizations with ``the intention of stealing information and intellectual property relating to the development and testing of COVID-19 vaccines,'' as assessed by U.S., British and Canadian intelligence agencies. Sadly, neither this appalling cyber attack, nor the pitiful Kremlin denials which followed, are too surprising to those of us who watch Russia closely. As a Member of the U.S. Delegation to the Parliamentary Assembly of the Organization for Security and Cooperation in Europe--the OSCE PA--and Chairman of the Committee on Political Affairs and Security, I regularly participate in difficult discussions with Russian political leaders about Moscow's geopolitical misconduct. The Kremlin's campaign across the OSCE space and beyond is aimed at destabilizing and undermining the international order by any means necessary, to include the invasion and occupation of OSCE participating States, the assassination of political opponents abroad, disinformation and more. On July 7, 2020, I communicated directly to the OSCE PA which included the presence of the Russian head of delegation how seriously the United States is taking reports of Russian monetary bounties to Taliban-linked insurgents for the killing of American and NATO soldiers in Afghanistan. The fact of Kremlin support to the Taliban had already surfaced in a hearing of the United States Helsinki Commission which I chaired on June 12, 2019, in open testimony by former Deputy Assistant Secretary of Defense for Russia Michael Carpenter. Madam Speaker, I will continue to work with colleagues here at home and across the Atlantic to ensure the Kremlin's bald faced denials of its malign actions are countered, and that Vladimir Putin's regime faces the appropriate consequences for its actions. The OSCE Parliamentary Assembly has proven time and again its value as a forum to counter disinformation and foster cooperation to counter common threats. A result of these most recent reports, I intend to advocate for that body to prioritize results-oriented discussions on state-sponsored cyber attacks in our region in its upcoming work session. Madam Speaker, please join me in condemning the Kremlin's latest despicable actions.
Helsinki Commission Chairman Amends NDAA to Reflect Support for Open Skies TreatyWednesday, July 22, 2020
On May 21, 2020 the Trump administration reportedly decided to withdraw the United States from the Open Skies Treaty to be effective at the end of this year. To express strong opposition, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) recently authored an amendment to H.R.6395, the William M. (Mac) Thornberry National Defense Authorization Act (NDAA) for Fiscal Year 2021, expressing the sense of Congress that the Trump Administration’s decision to withdraw from the Treaty on Open Skies did not comply with a legal requirement to notify Congress; did not assert that any other Treaty signatory had breached the Treaty; and was made over the objections of NATO allies and regional partners. “I am proud to have worked with Rep. Jimmy Panetta to successfully amend the House FY21 NDAA to express Congressional support for Open Skies and reiterate our commitment to the confidence and security building measures that are so vital to our NATO allies and partners,” said Chairman Hastings. “As Chairman of the U.S. Helsinki Commission, I strongly disagree with the President’s decision to withdraw from the Open Skies Treaty, an important arms control agreement that significantly reduces the risk of armed conflict.” The measure expresses support for confidence and security building measures like the Open Skies Treaty, because they reduce the risk of conflict, increase trust among participating countries, and contribute to military transparency and remain vital to the strategic interests of our NATO allies and partners. The amendment also underlines the need to address Russian violations of treaty protocols through international engagement and robust diplomatic action. The full amendment is available below or as amendment numbered 167 printed in House Report 116-457. Chairman Hastings had previously condemned the Trump administration’s decision to withdraw from the Treaty on Open Skies, which is designed to increase transparency, build confidence, and encourage cooperation among the United States, Russia, and 32 other participating states (including much of Europe as well as partners like Ukraine and Georgia), by permitting unarmed observation aircraft to fly over their entire territory to observe military forces and activities. In November 2019, the Commission hosted a joint hearing with the House Committee on Foreign Affairs on the importance of the Open Skies Treaty, emphasizing its critical role in security and stability around the world, which still stands today. The United States has conducted nearly three times as many flights over Russia as Russia has over the United States under the treaty. The United States has also used the treaty to support partners by conducting flights over hot spots such as the Ukraine-Russian border. Amendment At the end of subtitle D of title XII, add the following: SEC. 12__. SENSE OF CONGRESS ON THE OPEN SKIES TREATY. It is the sense of Congress that-- (1) the decision to withdraw from the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002-- (A) did not comply with the requirement in section 1234(a) of the National Defense Authorization Act for Fiscal Year 2020 (133 Stat. 1648; 22 U.S.C. 2593a note) to notify Congress not fewer than 120 days prior to any such announcement; (B) was made without asserting material breach of the Treaty by any other Treaty signatory; and (C) was made over the objections of NATO allies and regional partners; (2) confidence and security building measures that are designed to reduce the risk of conflict, increase trust among participating countries, and contribute to military transparency remain vital to the strategic interests of our NATO allies and partners and should continue to play a central role as the United States engages in the region to promote transatlantic security; and (3) while the United States must always consider the national security benefits of remaining in any treaty, responding to Russian violations of treaty protocols should be prioritized through international engagement and robust diplomatic action.
Hastings: Petty Parochialism Denies OSCE Vital Leadership During Global CrisisTuesday, July 14, 2020
WASHINGTON—Following yesterday’s failure of OSCE representatives to renew the mandates of four leadership positions—the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the Office for Democratic Institutions and Human Rights—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “We are in trouble when petty parochialism denies us vital leadership in the midst of a global crisis. Now more than ever, reliable multilateral institutions are needed to forge solutions during and after the current pandemic. “Azerbaijan, Tajikistan, Turkey, and other OSCE participating States who have blocked consensus on extending dedicated public servants should be ashamed of themselves. History will show the folly of abandoning essential leadership for cooperation.” Negotiations to renew each mandate collapsed in part in response to the written objections of Azerbaijan, Tajikistan, and Turkey, and the subsequent withholding of consensus by other participating States. Even efforts to devise interim extensions failed, leaving vital OSCE leadership positions vacant during an unprecedented global crisis. The failure highlights the unwillingness of some OSCE participating States to live up to their stated commitments to democratic institutions, the rule of law, media pluralism, and free and fair elections. Leaving key leadership roles unfilled drastically weakens the OSCE’s ability to hold countries accountable for their actions and undermines the principles of the Helsinki Final Act. The Organization for Security and Cooperation in Europe (OSCE) is the world’s largest regional security organization. It spans 57 participating States reaching from Vancouver to Vladivostok. The OSCE sets standards in fields including military security, economic and environmental cooperation, and human rights and humanitarian concerns. In addition, the OSCE undertakes a variety of initiatives designed to prevent, manage, and resolve conflict within and among the participating States.
Human Rights at Home: Implications for U.S. LeadershipThursday, July 02, 2020
Recent developments in the United States—including George Floyd’s tragic death at the hands of police and subsequent protests—have put U.S. human rights commitments to the test in the eyes of the world. On July 2, 2020, the Helsinki Commission held a hearing on “Human Rights at Home: Implications for U.S. Leadership.” The online hearing was held in compliance with H.Res.965, which provides for official remote proceedings during the COVID-19 pandemic. Commissioner Rep. Emanuel Cleaver (MO-05), who chaired the hearing, observed, “The United States has long been a champion of human rights and democracy in our foreign policy. Many of the OSCE’s groundbreaking commitments were actually spearheaded by the United States, including those relating to anti-Semitism, freedom of religion, free elections, and the rule of law, to name only a few…Today, we look inward as we examine the Black Lives Matter protests and related domestic compliance issues in the context of our OSCE human dimensions commitments and implications for U.S. foreign policy.” Witnesses included Nkechi Taifa, Founding Principal & CEO of The Taifa Group, LLC, Convener of the Justice Roundtable, and Senior Fellow, Center for Justice, Columbia University; the Honorable Malcolm Momodou Jallow, Member of Parliament (Sweden) and General Rapporteur on Combating Racism and Intolerance, Parliamentary Assembly of the Council of Europe (PACE); and Ambassador (ret.) Ian Kelly, former U.S. Permanent Representative to the Organization for Security and Cooperation in Europe (OSCE). “It’s not a moment. It’s a movement.” Witnesses emphasized that George Floyd’s death has created a movement, not just a moment, in efforts to address systemic racism, police violence, and secure justice. Nkechi Taifa called on the United States to implement fully international human rights commitments and obligations, without legal barriers. She observed that the world is at the midpoint of the United Nations International Decade for People of African Descent and concluded, “What we are witnessing today is the unprecedented possibility for change.” Malcolm Momodou Jallow observed that structural, institutional, and systemic racism— including racist violence—is not confined to the United States, but is also present in Europe. The European project includes an antidiscrimination, antiracist dimension, with a fundamental commitment to reflect the lessons of the Holocaust and eradicate past European divisions through respect for the human rights of all. Failure to do so affects entire communities, thereby eroding social cohesion, trust in public authority, the rule of law and ultimately democracy. Mr. Jallow also drew attention to the European Parliament’s resolution, adopted on Juneteenth (June 19), on the anti-racism protests following George Floyd’s death. The resolution also recalled Europe’s colonial past and its role in the transatlantic slave trade; draws on the OSCE’s Office for Democratic Institutions and Human Rights’ annual hate crimes report; and calls for closer cooperation between the European Commission and the OSCE. “The OSCE should rise to that occasion.” Ambassador Ian Kelly stated that security among states depends on respect for human rights within states. Actions clearing peaceful protesters, at the expense of their basic rights, cost the United States moral authority to call other countries to account. Ambassador Kelly credited the OSCE for its work to shine a light on the problems of intolerance but asserted more could and should be done in the OSCE context to expose abuses against people of color in the OSCE region. By signing the Helsinki Final Act, the United States committed to respecting human rights and protect democracy, even under the most challenging circumstances. A willingness to respond to the human rights concerns that other countries raise with the United States in the Helsinki context has been instrumental in validating the promotion of human rights and democracy advocacy as a goal of U.S. foreign policy. The Helsinki Commission has addressed the implementation of OSCE commitments in the United States in various ways, including hearings, reports, and legislation. The video of the murder of George Floyd and the ensuing protests received wall-to-wall coverage throughout most of the OSCE participating States. Journalists from at least eight OSCE participating States—Canada, Finland, France, Germany, Russia, Sweden, Switzerland, and Turkey—suffered violence while trying to report on demonstrations. George Floyd’s death in police custody prompted demonstrations in nearly all western OSCE participating States, including more than 25 of the 30 NATO member states, supporting the Black Lives Matter (BLM) movement and protesting systemic racism. In some Central European countries, the death of George Floyd has been compared to police brutality against Roma. In other countries, demonstrators have called for changes to their own national policing practices, the removal of symbols of their colonial past, and other policy changes. There have been no BLM sympathy demonstrations in Russia, where assembly (even protests by single picketers or dolls dressed as protesters) remains highly controlled. Heads of OSCE institutions, including the Director of the Office for Democratic Institutions and Human Rights and the Representative on Freedom of the Media, have expressed concern about the actions of police, restrictions on freedom of assembly, and restrictions on press freedom. The OSCE Parliamentary Assembly President George Tsereteli, expressed similar concerns in a press statement on June 1. On June 8, 38 NGOs from the Civic Solidarity Platform, a decentralized advocacy network of independent civic groups from across the OSCE region, issued a rare joint statement of concern regarding “the United States government’s response to widespread peaceful protests against police violence.” Related Information Witness Biographies Human Rights at Home Safe, Inclusive, and Equitable Societies Briefing: 8:46 (George Floyd) Press Release: Hastings: To Promote Human Rights Abroad, We Must Fiercely Protect Them at Home Press Release: OSCE Media Freedom Representative concerned about violence against journalists covering protests in USA, calls for protection of journalists Press Release: Statement of the OSCE Parliamentary Assembly President on the policing of protests in the United States Civic Solidarity Platform Statement: U.S. racism and police violence and the human dimension heritage of the OSCE Rep. Jim McGovern: To Regain Our Credibility on Human Rights, America Must Start At Home
Helsinki Commission Hearing to Examine Human Rights At HomeThursday, June 25, 2020
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: HUMAN RIGHTS AT HOME Implications for U.S. Leadership Thursday, July 2, 2020 11:00 a.m. Watch Live: www.youtube.com/HelsinkiCommission By signing the Helsinki Final Act, the United States committed to respecting human rights and the rule of law, even under the most challenging circumstances. Recent developments in the United States—including George Floyd’s tragic death at the hands of police and subsequent protests—have put U.S. human rights commitments to the test in the eyes of the world. During this online hearing, witnesses will discuss these events, the U.S. response, and the resulting implications for U.S. leadership in foreign policy. Witnesses scheduled to participate include: Ambassador (ret.) Ian Kelly, former U.S. Permanent Representative to the Organization for Security and Cooperation in Europe (OSCE) Malcolm Momodou Jallow, Member of Parliament (Sweden) and General Rapporteur on Combating Racism and Intolerance, Parliamentary Assembly of the Council of Europe (PACE) Nkechi Taifa, Founding Principal & CEO, The Taifa Group, LLC; Convener, Justice Roundtable; and Senior Fellow, Center for Justice, Columbia University
Hastings: To Promote Human Rights Abroad, We Must Fiercely Protect Them at HomeMonday, June 22, 2020
WASHINGTON—Ahead of a 57-nation OSCE meeting on freedom of expression, media, and information, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) released the following statement: “In the United States, we have witnessed a devastating series of attacks by authorities against journalists covering the nationwide protests calling for racial justice following the murder of George Floyd in Minneapolis. In many cases, reporters have been injured, harassed, or arrested even after explicitly identifying themselves as members of the press. “If the United States wants to remain a credible voice in the promotion of human rights abroad, we must fiercely protect them at home. This Supplementary Human Dimension Meeting on the critical topic of freedom of expression, media, and information represents an important opportunity to take an honest and critical look at America’s own record in recent weeks on protecting journalists and safeguarding press freedom.” According to the U.S. Press Freedom Tracker, as of June 15, there have been more than 430 reported press freedom violations since the beginning of the national Black Lives Matter protests on May 26. This includes at least 59 arrests; 268 assaults (including the use of tear gas, pepper spray, and rubber bullets and projectiles); and 57 cases of equipment/newsroom damage. OSCE Supplementary Human Dimension Meetings (SHDM) are convened three times annually on topics chosen by the OSCE Chairperson-in-Office. The first SHDM organized by the Albanian chairmanship, “Addressing All Forms of Intolerance and Discrimination,” took place May 25-26, 2020. The June meeting on freedom of expression, media and information includes participation by non-governmental civil society organizations, the U.S. Helsinki Commission, and representatives from OSCE participating States.
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.
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.
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.
Dr. Terry Hopmann is one of few American academics who has followed the Helsinki Process as it developed over four decades from a multilateral conference of 35 countries dealing with Cold War divisions – the Conference on Security and Cooperation in Europe – to a regional organization of 57 countries confronting a broad range of challenges across its security, economic and human dimensions – today’s Organization for Security and Cooperation in Europe (OSCE).
As well-acquainted with the intricacies of its institutional development as the diplomats who negotiated them, Hopmann also considers the Helsinki Process and its importance in the context of the broader development of European affairs and the U.S.-Russian relationship. In his current capacity as Professor of International Relations and Conflict Management at the Johns Hopkins School of Advanced International Studies (SAIS), based in Washington, DC, Hopmann not only introduces the OSCE to graduate students preparing for a career in international relations but also invites them to contribute to the intensive study of OSCE-related hot spots, including through field visits to areas such as Ukraine and Nagorno-Karabakh.
Focusing especially on security issues, Dr. Hopmann frequently interacts with the Helsinki Commission, both at OSCE-organized meetings in Europe and at Commission-organized briefings and hearings in Washington. In light of the numerous challenges the OSCE currently faces, including Russia’s markedly aggressive behavior and fears of an eroding U.S. commitment to European security and cooperation, Helsinki Commission staff recently sought Hopmann out to discuss the utility of the Helsinki Process in the past, and the interplay of U.S., Russian and European interests through the OSCE today and into the future.
The OSCE’s Value
Hopmann asserts in no uncertain terms that “OSCE membership is very beneficial for the United States.” The organization has made major contributions to defusing conflicts and increasing military transparency, Hopmann believes; he also underlines the need to keep in mind the organization’s role in the defense of human rights.
“The OSCE’s defense of national sovereignty, minority rights, and other important socio-political freedoms, together help prevent or at least de-escalate conflict, and make escalation harder. We see this precise action with regards to Ukraine right now. There’s a lot of value in that,” he notes.
“The OSCE remains important for the U.S. in promoting its interests abroad, and at relatively low cost,” Hopmann adds. “Still, the OSCE needs more support. The United States has struggled to engage with multilateral organizations and this represents a major issue. Without permanent and knowledgeable diplomatic representation and without the guarantee of adequate funding and resources, the OSCE’s capacity to act is severely hindered, and we play a role in that. Furthermore, the fact that we do not have a permanent representative there at the moment devalues the OSCE in ways that are dangerous.”
Hopmann calls for the United States to continue to “support the OSCE institutions and missions, help its fellow member states in their work at the OSCE, and not forget its commitment to the principles of the Helsinki Final Act, nor lose sight of their significance.”
In the past, the Helsinki Process made important contributions to stability and peace in Europe, Hopmann believes. The confidence-building measures developed through the Helsinki Process of the mid-1970s, in particular, “initiated the practice of international observation and greater transparency. As a result, states could now better distinguish military maneuvers and exercises from preparations for a surprise attack. In many ways this was the most important breakthrough during the Cold War, greatly reducing the risk for surprise attack from the Soviet Union. This anxiety was a root cause of the Cold War and animated the conduct of both Western and Eastern powers. Of course, there were the ideological arguments that influenced the political landscape, but in Europe, the fear of Soviet aggression was immense.” At the time these confidence-building measures were negotiated, the Soviet-led invasion of Czechoslovakia in 1968 was still a vivid, recent memory.
Hopmann also acknowledges the value of the other, non-military baskets of issues discussed in the Helsinki context.
“The human rights basket was also important, though not as immediate,” he observes. “For the negotiators, this basket was less about human rights, but more about the promotion of human interaction. It was, effectively, an agreement to begin encouraging cultural and educational exchange. In the shorter term, the first basket [on political-military issues] was critical, but in the longer term, the third basket [on human rights] became more important - particularly after the 1986 Stockholm agreement updated the CSBMs that were at the heart of Helsinki’s Basket 1. Then, following the Vienna Review Conference that concluded in early 1989, suddenly people were guaranteed the right to enter and leave their own country. Here, we see the first breach in the Iron Curtain when Hungary allowed people to cross freely into Austria – it didn’t all fall at once in 1989, rather it was a gradual process that started with a CSCE set of expanded principles. “
Hopmann considers the institutional development of the European security architecture in the post-Cold War period to have in many ways played out to the OSCE’s disadvantage. Although initially successful in the 1990s with the deployment of field missions, successive U.S. administrations have missed an opportunity by viewing the OSCE as an organization principally relating to human rights concerns, rather than political-military security.
“We missed the idea that NATO and the OSCE are not mutually exclusive,” he says “While we’ve contributed a lot to the OSCE, NATO remains the priority for policy makers in Washington. We have yet to realize how closely and effectively they can and should be working together. I believe this is our biggest foreign policy mistake since the end of the Cold War. It is the most effective way to bring Russia to the negotiating table and it is far easier to work with them in Vienna than the UN. The OSCE remains a security institution, like NATO, and as long as we value using all diplomatic measures to resolve conflict before using military force, we’re making a mistake by underutilizing the OSCE.”
A growing European Union has not necessarily helped, Hopmann believes.
“The development of the E.U. has somewhat complicated the operation of the OSCE. Through the creation of its own common foreign and security policy and other initiatives, Brussels has duplicated OSCE institutions, but without the participation of the United States and Russia. Thus, the E.U. alone simply isn’t as effective,” he observes. “There is a lot of overlap between the two bodies and this begets structural and bureaucratic blockages that prevent action, especially when E.U. and OSCE representatives diverge or try to do the same thing independently. So, like OSCE-NATO relations, the E.U.’s relationship with the OSCE is occasionally marked by competition that hurts both parties’ effectiveness.”
The View from Kremlin Walls
Many of the earlier successes of the Helsinki Process were enabled by a very different leadership in Moscow than that we see today, Hopmann suggests. Under the late-Soviet leadership and Russian President Yeltsin, “there was a real interest to engage more with the West. They were, generally speaking, in support of Helsinki and didn’t view it as a threat to Russian interests,” he says. “That strongly contrasts with Putin. Putin has a totally different worldview and perceives the OSCE’s interests as inimical to Russian national priorities. We now find a much stronger, more belligerent Russia that no longer trusts the OSCE to help protect its interests, as it once did.”
This dynamic creates a real danger that Russia could turn away from the OSCE completely. “The Kremlin could decide to leave as a result of domestic pressure or as a result of frustration with the West and its criticism. The Russians feel that they are attacked on all sides in the OSCE and obviously derive no joy from it,” Hopmann notes.
He therefore warns against outright rejection of all Russian concerns in the OSCE area, for instance as regards ensuring the protection of Russian-speaking populations in neighboring states.
“It is paramount that, in the spirit of Helsinki, we ensure Russian minorities are treated equally and fairly, to avoid perceived provocations by the West that might serve as a pretext for Russia to intervene. He suggests the closure of earlier OSCE missions in the Baltic states might have been perceived by Moscow, rightly or wrongly, as evidence that the OSCE was no longer responding to Russian concerns.
Russia’s military occupation and subsequent illegal annexation of Crimea might have been averted, Hopmann asserts, had its view of the OSCE not evolved so dramatically from the first post-Cold War decade to the second. While objecting to Kosovo’s bid for statehood based on core OSCE commitments regarding the sovereignty and territorial integrity of states, even a decade ago Moscow was willing to engage diplomatically to resolve the issue. In the case of Crimea in 2014, it was not.
“They prioritized military force over diplomacy – the precise kind of behavior the OSCE was designed to discourage,” Hopmann states. He predicts that “while this decision may have been tactically effective, it will hurt Russia in the long run. The OSCE is designed to deal with these situations and it has the institutional framework to do so effectively – Russia failed to take advantage of the OSCE and we’re all now paying the price.”
Still, Moscow recognizes that the OSCE is still valuable to Russian interests, according to Hopmann: “Russia wields a lot of influence in the OSCE because of their effective veto power under the consensus rule – indeed, the Kremlin recognizes the sway it carries in it and recognizes the OSCE as the place where it can effectively and discreetly negotiate with both the U.S. and the E.U. Ultimately, the OSCE is designed precisely to facilitate this kind of diplomatic interaction, and it meshes more closely with Putin’s view of how diplomacy should be conducted than the U.N. I believe it is for this reason that the Russians have been willing to work with the OSCE on some issues, including the conflict in Ukraine.”
Effectively engaging Russia at the OSCE will remain a challenge, Hopmann adds, suggesting that a multilateral format may be useful.
“The most important question we face is how to continue the discussion and being firm with Russia when it blatantly violates OSCE norms as it did in Ukraine, without going overboard with our criticisms,” he says. “There are some countries, like Austria, Finland and Switzerland that are simply better at dealing with Russia, due to their past or current neutrality. Russia prefers to deal through them and likely finds it easier to appear to cooperate with them than working directly with the U.S.”
On the OSCE’s Role in Conflicts
The OSCE is demonstrating clear added-value in conflict areas today, according to Hopmann, including in and around Ukraine, and as regards the Nagorno-Karabakh conflict.
Hopmann praised the OSCE as having “played a key role in ensuring the [Ukraine] conflict does not escalate and cause more destruction. Indeed, within the limits of its mandate and available resource, the OSCE has done admirable work; however, this scope is limited and much remains to be done. Thus, the best thing the U.S. can do is to continue to support the OSCE’s mission and the Minsk process. It’s not ideal, but there’s no better option.”
Frustration over the OSCE’s inability to overcome the absence of political will to prevent or stop the conflict altogether should not overshadow its success in ascertaining the facts on the ground and galvanizing a defense of key principles guiding international behavior, he believes.
Regarding Nagorno-Karabakh, Hopmann suggests that the OSCE has moderated what could otherwise be a much more intense conflict.
“The presence of the OSCE has helped already,” he says. “Its presence helped diffuse the four day war last year and prevented it from becoming a more violent conflict. Still, there is significant risk that the conflict will escalate and this highlights the importance of OSCE and the role it may play in resolving the Nagorno-Karabakh question.”
Hopmann believes that an alignment of U.S.-Russian interests in Nagorno-Karabakh, even if partial, may be helpful here. “The OSCE absolutely has the mandate and ability to negotiate such a deal and to organize peace-keeping initiatives to ensure the conflict does not start up again. That being said, this process will be long, complicated, and expensive,” he predicts.
Hopmann concedes that the OSCE will remain beset for the foreseeable future with challenges largely emanating from the consensus-based decision-making process, over which any one country (including Russia) effectively has a veto.
However, he remains convinced that “that doesn’t mean we shouldn’t continue dialogue. In fact, we must continue dialogue. Many people remain committed to the OSCE and its values, including some Russian diplomats – though they’re keeping a low profile at the moment. This bodes well not only for change in the OSCE, but also for Russia. Change is not impossible, and keeping the dialogue channels open is of incredible importance. Without them, when the chance to encourage positive change does appear, we will not be able to capitalize on it. We worked together immediately after the Cold War to diffuse East-West tensions and ensure a peaceful Europe. There is no reason we cannot do that again.”
Professor Hopmann was interviewed by Bob Hand and Alex Tiersky, Helsinki Commission Staff.
Dr. Hopmann’s academic focus on the OSCE started in 1974, while he was a professor at the University of Minnesota on sabbatical with the Carnegie Endowment for International Peace in Geneva, Switzerland.
Although his initial focus was on other international disarmament efforts, he was swept up in the work of what has been called the “stage two” of the original negotiations of the Conference on Security and Cooperation in Europe that was being conducted in Geneva at the time.
“I interviewed many of the negotiators from most of the participating States and completed a project on the drafting process specifically on the “Decalogue” (10 Principles Guiding Relation Between States) and the security basket,” he says. “Academically, I had been focusing on NATO-Warsaw Pact relations in times of conflict and of détente, and how they reconciled security and cooperation.”
Now teaching a generation of students not born during the Cold War, Hopmann said it is hard sometimes to communicate “the level of anxiety and imminent threat that we perceived” living during the height of the confrontation. And when conveying the relevance today of the work of the OSCE, he views simplistic comparisons between the Putin regime and its Soviet predecessors as unhelpful.
Putin “is far more in line with tsarist conceptions of Russia and imperium,” he observes, adopting the realpolitik view of 19th century international politics rather than the sense of ideological and class struggle that predominated in the 20th century.
Hopmann often visits Vienna, Austria, where the OSCE Permanent Council meets, and is a regular contributor and member of the editorial board to the OSCE Yearbook published by the Institut für Friedensforschung und Sicherheitspolitik (Institute for Peace Research and Security Policy) at the University of Hamburg in Germany. He has also served as a public member of the U.S. Delegations to the OSCE Review Conference that preceded the November 1999 OSCE Summit in Istanbul, Turkey.