Helsinki Commission Leaders Mourn Death of Former Chairman Alcee L. HastingsTuesday, April 06, 2021
WASHINGTON—Following the death of former Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) earlier today, Helsinki Commission Chairman Sen. Ben Cardin (MD) and Helsinki Commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “Alcee Hastings was a fighter and an incredible survivor. He never gave up—not when facing racism as a young man in the Jim Crow south, not when defending civil rights as a lawyer and jurist, not when championing human rights worldwide as chairman of the Helsinki Commission, and not in his long battle with pancreatic cancer,” said Chairman Cardin. “Alcee was committed to ensuring that America’s foreign policy reflects our enduring commitment to democracy, that fundamental freedoms are protected at home and abroad, and that all people can live in a society that is safe, inclusive, and equitable. Even as we mourn his passing, we celebrate a life well lived and a world made better by his service. Alcee was not just a colleague; he was a dear friend. Myrna and I extend our sympathies to his family at this difficult time.” “As chairman of the Helsinki Commission, Alcee Hastings was a powerful partner in advocating for the United States, human rights, democracy, and international cooperation,” Sen. Wicker said. “He broke barriers on the international stage as the first American elected to lead the OSCE Parliamentary Assembly while championing the interests of his constituents in Washington. Even as he battled cancer, he was never distracted or deterred from his public service. Gayle and I extend our deepest condolences to his family, friends, and staff during this difficult time.” “Roxanne and I are deeply saddened by the passing of Congressman Hastings,” said Rep. Wilson. “I will always treasure our time working together on the Helsinki Commission and I am grateful for his friendship and service to his country.” Rep. Hastings, who most recently chaired the Helsinki Commission in the 116th Congress, joined the commission in 2001. In 2007, he became the first African American to lead the Helsinki Commission. Rep. Hastings remains the only American to have ever served as President of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly (OSCE PA), where he also was the former Special Representative on Mediterranean Affairs.
Senator Ben Cardin Returns to Lead Helsinki CommissionWednesday, March 24, 2021
WASHINGTON—The Presiding Officer, on behalf of the Vice President, yesterday announced the appointment of Sen. Ben Cardin (MD) as chair of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, throughout the 117th Congress. "For 45 years, the Helsinki Commission has tirelessly defended human rights and democratic institutions at home and abroad. It has promoted the enduring value of multilateralism and fought to ensure that the United States lives up to our core values, remaining a beacon of hope to those who are oppressed. However, the most trying time in our history may be ahead of us,” said Chairman Cardin. Over the past year, the world has suffered the crippling impact of COVID-19, which has disproportionately affected our most vulnerable citizens and allowed some governments to exploit the pandemic to limit fundamental freedoms. Racist violence has once again reared its ugly head in many OSCE participating States, including our own. Corruption threatens peace, prosperity, and human rights across the region, and the Kremlin remains intransigent in its overt violence against its neighbors as well as its covert attempts to undermine democratic institutions elsewhere. These challenges may seem daunting, but my fellow commissioners and I will always fight to promote human rights and fundamental freedoms, encourage tolerance within societies, battle corruption, and defend the principles of liberty and sovereignty.” Chairman Cardin has been a Helsinki Commissioner since 1993 and previously chaired the commission in the 111th and 113th Congresses. He is an outspoken champion for human rights and throughout his career in public service has advocated for accountability and transparency measures to promote good governance and to combat corruption. Since 2015, Chairman Cardin has served as the Special Representative on Anti-Semitism, Racism, and Intolerance for the OSCE Parliamentary Assembly. Chairman Cardin is the lead author of the Sergei Magnitsky Human Rights Accountability Act, a law that imposes sanctions on Russian individuals and entities responsible for the death of Russian lawyer, Sergei Magnitsky, as well as individuals who commit gross violations of human rights against rights defenders in Russia. He also authored the Global Magnitsky Human Rights and Accountability Act, which gives the United States the power to deny travel and banking privileges to individuals worldwide who commit gross violations of human rights against rights defenders and dissidents, and leaders who commit acts of significant corruption. Most recently, Chairman Cardin and Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act, which would establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries and streamline work strengthening the rule of law abroad. Chairman Cardin also is one of the lead authors of Section 1504 of the Dodd-Frank Act, also known as the Cardin-Lugar Energy Security Through Transparency Act. The provision requires extractive companies listed on U.S. stock exchanges to disclose, in their SEC filings, payments made to governments for oil, gas and mining. Revenue transparency increases energy security and creates U.S. jobs by reducing the operating risk U.S. companies face. It also provides information so that people in resource-rich countries can hold their leaders accountable for the money made from their oil, gas and minerals.
U.S. Election Practices: An International PerspectiveTuesday, March 16, 2021
Madam Speaker, this chamber recently passed H.R. I, the "For the People Act,'' significant legislation making it easier for American citizens to vote in U.S. elections and improve transparency and accountability in our election process. The White House also recently announced a new executive order to assist this effort. These are positive developments that I welcome and support, but, as we all know, not everything regarding the conduct of elections can be done at the federal level. Unfortunately, many state legislatures are now undertaking efforts that would make it more difficult for eligible Americans to participate in the electoral process and vote. As Chair and in the leadership of the Helsinki Commission, I have supported the positive steps we are trying to take on this issue, yet I remain deeply concerned about those who want to move our country backward. Perhaps it would help our debate to look at the conduct of the 2020 U.S. elections from an international perspective, including the conduct of elections in conformity with international commitments first proposed and advocated by the United States more than 30 years ago. The United States has been one of five countries thus far where the OSCE Parliamentary Assembly has observed elections during the unprecedented challenges of the pandemic, and a German parliamentarian reported on its findings on February 26. He did not point fingers at us and accuse. He mentioned the positive as well as the negative. He is clearly a friend who cares, as most of the OSCE observers undoubtedly were. As a previous election observer in the OSCE region, I can also attest, that the code of conduct makes it is extremely unlikely that the OSCE election observation could be steered in support of any particular agenda other than better democracy. I therefore want to commend to my colleagues the full OSCE Final report "United States of America General Elections, 3 November 2020, ODIHR Limited Election Observation Mission," which can be found at https://www.osce.org/files/f/documents/7/7/477823_2.pdf. It offers an important perspective on our elections from persons who rightly care about the process, not the result. They have observed not only our elections since 2002 but elections in dozens of other countries on a regular basis. The issues raised in the report are the same issues we Americans debate here in Washington, in our state capitals and through the media. I take the conclusions and recommendations, including criticisms, in this election observation report seriously. It serves as a helpful guide on what next steps we should take to improve our electoral system. I believe our election officials and state legislators should read this report; indeed, I recommend it to any American who cares about his or her country. It is a broad snapshot of our entire, complex electoral system. Several of the priority recommendations in the report deal with voting rights and voter identification. Specifically, it says that "authorities should review existing measures to further reduce the number of unregistered voters, including addressing burdensome procedures and obstacles faced by disadvantaged groups.'' It also says that "states should make every effort to ensure that voter identification requirements are equally accessible to all voters.'' It also makes specific recommendations regarding specific groups of American citizens. We do not need to agree about every conclusion and recommendation in this report to take it seriously. It is a contribution to our debates from a unique perspective. Moreover, our acceptance of international observation serves a useful function in our foreign policy. OSCE election observation has encouraged practices giving voters a real choice in numerous other countries, many of which were once repressive, one-party communist states but are now our friends and even, in some cases, allies. The United States initiated this effort with the OSCE and contributes significantly to election observation missions elsewhere, providing the expertise that comes with our experience. If we are to encourage other governments to take this effort seriously and implement recommendations, we need to set the example ourselves. Unfortunately, several U.S. states greatly restrict or even prohibit international observation. This is something which must change as we prepare for mid-term elections in 2022 and general elections in 2024.
Ten-Member Congressional Delegation Demonstrates Ongoing U.S. Engagement With the OSCEFriday, March 05, 2021
By Bob Hand, Senior Policy Advisor Approximately 270 parliamentarians from across the OSCE region gathered virtually from February 24 – 26 for the OSCE Parliamentary Assembly’s Winter Meeting, the first statutory meeting of the Assembly held since the COVID-19 pandemic limited inter-parliamentary diplomacy to online gatherings. The ongoing impact of COVID-19 on security, the economy, the environment and the human rights and democratic development of the 57 OSCE States remained the focus of the annual gathering. Supported by the U.S. Helsinki Commission, the U.S. Delegation remained actively engaged, fielding a bicameral, bipartisan delegation of 10 Members of Congress who participated remotely in the debates. Sen. Ben Cardin (MD) served as Head of the U.S. Delegation. The OSCE Parliamentary Assembly (PA) is an independent institution of the Organization for Security and Cooperation in Europe (OSCE) created in 1991 for parliamentarians to complement the inter-governmental work of the 57 participating States. Unlike other OSCE bodies, countries are represented based on population rather than each having a single seat at the table (the United States has the largest representation with 17 seats), and decision-making is based on a majority vote rather than consensus. The Annual Session each summer is the principal gathering, with a Winter Meeting in February and an Autumn Meeting in October to initiate and conclude the year’s work. Despite a busy congressional schedule, the members of the U.S. Delegation successfully raised critical country, issue, and institutional concerns, including the attempted poisoning and incarceration of Alexei Navalny, Russian aggression in Ukraine, the brutal crackdown in Belarus and corruption and authoritarian tendencies elsewhere in the OSCE region. Active U.S. engagement demonstrates the depth of U.S. commitment to European security, and reflects the importance of the OSCE PA as a vehicle for advancing U.S. interests and building support on issues like human trafficking, attacks on the media, manifestations of anti-Semitism, racism and intolerance, as well as country-specific concerns. Such a large delegation of Members of Congress reflected the diversity of opinion in the United States, setting an example of openness and honesty for others to follow, deflecting accusations of double standards on U.S. performance, and strengthening the message on human rights concerns in other countries where the Members of Congress can and do express a united view. Improvising Engagement Amid Pandemic Since 2002, Winter Meetings have been held in Vienna, Austria to facilitate direct interaction among parliamentarians, OSCE officials, and diplomatic representatives of the OSCE participating States. The Winter Meeting also allows the Assembly’s general committees to discuss work for the coming year. The outbreak of the COVID pandemic in early 2020 forced the cancellation of the Annual Session scheduled for July in Vancouver and the Autumn Meeting scheduled for October in San Marino. Without rules dealing with such situations, the OSCE PA Secretariat maintained inter-parliamentary engagement by organizing a dozen or more inter-parliamentary web dialogues from April into November to substitute for the traditional gatherings. While no replacement for traditional meetings, these unofficial events provided needed continuity and contact among delegates. First the first time in the history of the OSCE PA, no annual declaration was adopted, but the then-Assembly President George Tsereteli provided summaries of the web debates on relevant issues, a record of dialogue even in the midst of pandemic. The OSCE PA resumed election observation where possible and responded to political impasse within the OSCE itself by issuing a “Call for Action” urging a reaffirmation of the organization’s once common purpose. For 2021, the OSCE PA has been seeking to resume its regular meeting schedule, although conditions still required the Winter Meeting to be held remotely. Five sessions were scheduled during hours that best accommodated participants across some 16 time zones, from Vancouver to Ulaanbaatar. At the meeting of the Heads of Delegation, known as the Standing Committee, it was announced that the 2021 Annual Session would be unable to be held in person as planned in Bucharest, Romania, in early July. As a result, the Standing Committee amended the Assembly’s rules of procedure to allow statutory meetings to go forward online, including permitting elections for OSCE PA officers and other decisions to be handled remotely. Maintaining Focus on Substantive Issues and Concerns Beyond scheduling and procedures, the Standing Committee also looked at substance. Following reports from current OSCE PA President Peter Lord Bowness (United Kingdom), Secretary General Roberto Montella (Italy), and OSCE PA Special Representatives appointed to address particular concerns, there were heated exchanges between Azerbaijan and Armenia regarding Nagorno-Karabakh, as well as on Russian aggression against Ukraine and the brutal crackdown on protesting opposition in Belarus—issues that would be raised repeatedly throughout the meeting. Sen. Cardin, attending not only as Head of Delegation but also as Special Representative on Anti-Semitism, Racism and Intolerance, delivered a report on his activities, as did Rep. Chris Smith (NJ-04), who serves as the Special Representative on Human Trafficking Issues. “The coronavirus pandemic has created an unprecedented health crisis in the OSCE region, exacerbated by pre-existing inequities and disproportionately impacting people of color. Heightened anti-Asian discrimination, anti-Semitic conspiracy theories, and violent attacks targeting diverse populations have followed… My report details a response to these developments, as well as the global racial justice movement spurred by the tragic death of George Floyd.” Sen. Ben Cardin (MD), Head of U.S. Delegation, U.S. Helsinki Commission Rep. Smith noted, “Traffickers did not shut down during the pandemic—they simply adapted their methods. Meanwhile, vulnerable people were made even more vulnerable by both the virus and its deleterious impact on the global economy… As we worked to address these challenges, it was crucial to have information and recommendations based on real, concrete data.” The Joint Session of the General Committees effectively served as the opening plenary. President Bowness opened the session with a defense of principled-based dialogue, and guest speakers included Ann Linde, Sweden’s foreign minister and this year’s OSCE Chair-in-Office, as well as Helga Schmid (Germany), the OSCE’s new Secretary General. The chairperson outlined plans for 2021, asserting that the she will “prioritize the comprehensive concept of security across all three dimensions,” namely the Security, Economic and Human Dimension, which she argued “contributes to making the OSCE truly unique.” The Secretary General expressed her hopes to provide needed support for the organization and its mission, and she credited the OSCE PA for bringing emerging security issues into the OSCE debate. Sen. Cardin thanked the Assembly and its parliamentarians for their expressions of concern and support for the United States in light of efforts to delegitimize the November 2020 presidential elections and the related violent mob attack on the U.S. Capitol in January 2021. He also expressed support for the comments of Lord Bowness and the priorities announced by the Swedish Chair-in-Office, including to have the Human Dimension Implementation Meeting in 2021. “We must challenge those who are seeking to weaken the OSCE or aren’t living up to their commitments. That’s our priority as parliamentarians … and we must as parliamentarians support the mission of the OSCE and help strengthen it through our actions and our capitals,” he said. Finally, speaking on behalf of Rep. Alcee Hastings (FL-20), who was unable to attend, Sen. Cardin asked the Swedish chair about how the OSCE can engage Armenia and Azerbaijan in order to address outstanding issues and encourage a return to the Minsk Group settlement process to achieve a sustainable resolution of the conflict. Taking a Closer Look at the Security, Economic and Human Dimensions of OSCE Following the Joint Session, each of the three General Committees heard from OSCE officials in their respective fields, or dimensions, of OSCE work. Presenters included the ambassadors serving as chairs of the counterpart committees of the OSCE’s Permanent Council and the head of the OSCE’s Special Monitoring Mission in Ukraine. The three committees also heard from their respective rapporteurs on plans for drafting substantive reports that will be the basis of further activity at the Annual Session. Rep. Richard Hudson (NC-08), who chairs the General (First) Committee on Political Affairs and Security, noted the myriad of security and political issues confronting the OSCE during the past year, including the war in Ukraine, conflict in Nagorno-Karabakh, and political turmoil in countries of concern like Russia, Belarus, and most recently Georgia. “Our engagement with critical issues in the OSCE space has been consistent and impactful,” he concluded. Speaking during the session, Acting U.S. Assistant Secretary of State Phil Reeker called the erosion of the European security environment the “biggest challenge we face today in the organization” and highlighted U.S. plans for the Forum for Security Cooperation (FSC) during its four-month chairmanship. The Acting Permanent Representative of the United States to the OSCE and FSC chair, senior diplomat Courtney Austrian, was present for the discussion. Sen. Roger Wicker (MS) took the floor during subsequent debate to condemn Russian violations of Helsinki Principles in its aggression in Ukraine. He said that “Moscow must withdraw proxies in eastern Ukraine” and “respect Ukraine’s territorial integrity,” asserting that relevant sanctions will remain in place until that happens. Rep. Steve Cohen (TN-09) also responded to an intervention on youth and drugs by a delegate from Belarus, arguing that citizens need to be given greater freedom if young people are to feel a commitment to the country. Three other Members of Congress participated in the session of the General (Second) Committee on Economic Affairs, Science, Technology and the Environment, which covered issues ranging from corruption to climate change. Rep. Brian Fitzpatrick (PA-01) focused on addressing corruption. “It should come as no surprise to anyone … that legislatures have one of the most important roles to play in combating corruption—that of establishing a transparent and accountable legal and financial framework that empowers law enforcement officials and is maximally resistant to fraud,” he said. Sen. Sheldon Whitehouse (RI) said that the United States “is back” in efforts to combat climate change and noted recent U.S. legislation designed to address shell companies that support a global dark economy by sheltering “assets of thieves.” Rep. Gwen Moore (WI-04) spoke about the devastating impact of the pandemic on women in the healthcare industry as well as on small business, and she expressed concern about risks to supply chains and business ties to both China and Russia. Three Members of Congress also participated in of the General (Third) Committee on Democracy, Human Rights and Humanitarian Questions. Rep. Cohen asserted that human rights has reclaimed its place in U.S. foreign policy, and emphasized human rights in concerns in Russia, Belarus, and Hungary. He expressed particular concern about the poisoning and recent arrest of Russian opposition figure Alexei Navalny and called for Belarus to release political prisoners and to hold elections with OSCE observers. Rep. Marc Veasey (TX-33) took the floor in a later debate, responding to a report on the OSCE’s observation of the U.S. general elections in November 2020. He stressed the need for U.S. states that currently prohibit or restrict international observation to consider a more open approach and concluded that “our election officials and state legislators should read this report,” along with “any American who cares about his or her country. It is a broad snapshot of our entire electoral complex system that we have here.” Rep. Robert Aderholt (AL-04) raised concerns about discriminatory restrictions on religious assembly during the pandemic, as well as on the diminishing free media environment in many participating States. “Press freedom in the OSCE region has continued to decline as some governments are using economic, legal, and extra-legal tools to silence independent media and also to bolster loyal outlets and dozens of journalists are imprisoned in the OSCE region,” he said. “We’ve seen that in Russia, we’ve seen that in Belarus, we’ve seen that in Turkey, detaining scores of journalists in recent national protests.” There was one side event held in conjunction with the Winter Meeting, organized by the Norwegian Helsinki Committee in cooperation with the Lithuanian Mission to OSCE. Seven panelists in two sessions highlighted how international instruments—such as the Moscow Mechanism, Magnitsky-like legislation, the International Criminal Court, the European Court of Human Rights, and the promotion of a universal criminal jurisdiction—could increase accountability of state actors, support Belarus’ democracy movement, and deny financial safe havens to Russian kleptocrats. Belarusian opposition leader Sviatlana Tsikhanouskaya and Boris Nemtsov Foundation for Freedom chairman Vladimir Kara-Murza were among the event panelists. Assessing the Effort The virtual three-day, five-session Winter Meeting could not replace an in-person gathering in Vienna, a point frequently made by the parliamentarians themselves. However, it did allow for a resumption of constructive debate in the general committees and interaction among parliamentarians and other OSCE institutions, paving the way for a return to more traditional work as the year progresses. The need to cancel the Annual Session planned for July in Bucharest was a major disappointment, but the adoption of rules governing such emergency situations now permit some continuity of effort.
Ambassador Max Kampelman’s Contributions to the Helsinki ProcessMonday, January 25, 2021
By Emma Derr, Max Kampelman Fellow The Helsinki Commission’s flagship fellowship program recognizes former U.S. Ambassador Max Kampelman, who spent his life working toward comprehensive security at home and across the Atlantic. Over his career, which spanned more than half a century, Kampelman defended the principles of the Helsinki Final Act, strengthened the Helsinki process, and fought to reduce—and later eliminate—nuclear arms. One of his strongest legacies was his belief in bipartisanship, demonstrated by his service to both Democrats and Republicans and in his role as a U.S. ambassador. In the words of longtime Helsinki Commissioner Senator Ben Cardin (MD), “It was a privilege for me and so many of my colleagues to work with a great and good man, whose example reminded us every day: this is what leadership looks like.” Max Kampelman: The Ambassador Kampelman began his career as legislative counsel to Senator Hubert Humphrey before joining the private law practice of Fried Frank. Although he practiced private law for the majority of his career, Kampelman continued to serve the United States when called on by presidents of both parties. In 1980, President Jimmy Carter asked Kampelman to represent the United States as the lead negotiator at the 1980 Conference on Security and Cooperation in Europe (CSCE) meeting in Madrid, which sought to bring eastern European countries into compliance with the Helsinki Final Act. The meeting was supposed to last two to three months. It lasted three years. Under President Ronald Reagan, Kampelman continued to lead these negotiations until an agreement was reached in 1983. In 1990, in the aftermath of the fall of the Berlin Wall, OSCE participating States gathered to unite their different definitions of European security. Kampelman led the U.S. delegation to this historic meeting and advocated for democratic elections and universal human rights. “He played a pivotal role in securing agreement on the first international instrument to recognize the specific problem of anti-Semitism and the human rights problems faced by Roma,” said Sen. Cardin. “Moreover, at a moment when Europe stood at a crossroads, Max Kampelman negotiated standards on democracy and the rule of law that remain unmatched.” “The Copenhagen document has been called by a number of professors of international law the most important international human rights document since the Magna Carta, and it spells out what a democracy means. If anybody was to come and join this process, they would be joining what is apparent, a series of 'oughts;' and that’s our task. Once the 'oughts' are there, we have a leg up toward the 'is.'” Amb. Max Kampelman in a 2003 interview The Copenhagen document strengthened the Helsinki Process by including unprecedented provisions, such as the commitment to democracy as the only form of governance. It also emphasized the rights of national minorities and the right to freedom of association, freedom of conscience, and freedom of expression. The CSCE eventually became today’s Organization for Security and Cooperation in Europe (OSCE), the world’s largest regional security organization. Max Kampelman: The Arms Advisor In addition to his work defending the Helsinki Final Act, Kampelman also negotiated arms control agreements and guided the United States through some of the most difficult periods of U.S.-Soviet relations. By the end of his career, Kampelman had engaged in more than 400 hours of face-to-face negotiations with the Soviets. He successfully protected the Strategic Defense Initiative (SDI), a system designed under Reagan to protect against potential nuclear attacks, from Soviet efforts to stifle it. He led negotiation efforts on the Intermediate-Range Nuclear Forces (INF) Treaty and the Strategic Arms Reduction Treaty (START), effectively reducing nuclear arms for the first time in history. During the late phases of the Cold War, Kampelman helped arrange the release of political and religious dissidents from the Soviet Union. “We cannot wish it away. It is here and it is militarily powerful. We share the same globe. We must try to find a formula under which we can live together in dignity. We must engage in that pursuit of peace without illusion but with persistence, regardless of provocation." Amb. Max Kampelman, ahead of 1985 arms negotiations Kampelman dedicated much of his later years to Global Zero, envisioning a world without nuclear weapons and encouraging statesmen Henry Kissinger, Sam Nunn, William Perry, and George Shultz, to advocate for this goal. For his service to his country, Kampelman received the Presidential Citizens Medal from President George H.W. Bush in 1989 and the nation’s highest civilian honor, the Presidential Medal of Freedom, from Bill Clinton in 1999. Max Kampelman’s Early Life Kampelman was born in New York in 1920 to parents who had immigrated from what was then part of Romania. He grew up in the Bronx and received a law degree from NYU in 1945. During World War II, he registered for alternate service as a conscientious objector. Kampelman enrolled in a strict food and work regimen known as the Minnesota Starvation Experiment to help authorities understand how to treat prisoner of war and concentration camp survivors. During this time, he finished his doctorate in political science from the University of Minnesota, titled "The Communist Party and the CIO: A Study in Power Politics." He opposed Communism and opposed war, but his feelings regarding nonviolence changed over time with the development of the atomic and hydrogen bombs, later leading him to renounce his earlier pacifist beliefs. Kampelman said his prevailing desire for American foreign policy was to turn the 21st century into the century of democracy. He died on January 25, 2013, at age 92.
OSCE Ministerial Council Appoints Top Leaders, Adopts Several Key Decisions Amidst Constraints of COVID-19 and Conflict in EuropeMonday, December 21, 2020
By Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE Foreign ministers of the 57 OSCE participating States convened on December 3 - 4, 2020, for the 27th OSCE Ministerial Council. For the first time, this annual gathering was convened in an entirely virtual format due to the challenges posed by the COVID-19 pandemic. Despite a turbulent year, which included managing not only the effects of the COVID-19 pandemic but also the global anti-racism protests initiated following the killing of George Floyd; ongoing protracted conflicts in Moldova, Georgia, and Ukraine; fraudulent elections and systemic human rights violations in Belarus; and a renewal of active conflict between Azerbaijan and Armenia, consensus was achieved on many, but not all, draft decisions. The United States delegation to the Ministerial Council was led by Deputy Secretary of State Stephen Biegun. The delegation and included Deputy Assistant Secretaries of State George P. Kent, Michael Murphy, and Bruce Turner; Acting Assistant Secretary of State Philip Reeker; U.S. Ambassador to the OSCE James Gilmore; U.S Helsinki Commission Chief of Staff Alex Johnson; and Helsinki Commission staff Robert Hand, Janice Helwig, Rebecca Neff, Erika Schlager, Shannon Simrell, Dr. Mischa Thompson, and Alex Tiersky. A Call to “Turn a Corner” from Crisis to Cooperation Leveraging the meeting’s virtual format, national statements were livestreamed, offering transparency of the proceedings. Albanian Prime Minister and OSCE Chairperson-in-Office Edi Rama opened the meeting by recalling the solidarity of the signatories of the Helsinki Final Act and Charter of Paris and requesting that ministers “turn a corner” and demonstrate the political will required to address the multiple and complex challenges faced by the organization and across the region. In his remarks, Deputy Secretary Biegun reaffirmed U.S. priorities for engagement at the OSCE, underscoring the commitment to European peace and security and highlighting key challenges facing the OSCE region including Russia’s continued aggression in eastern Ukraine, Moldova, and Georgia, and the destabilizing effect of its flagrant violations of the OSCE’s foundational principles. He called upon Belarus to hold accountable those responsible for its human rights violations and electoral crisis, urged Armenia and Azerbaijan to engage with the Minsk Group Co-Chairs to attain a lasting end to the conflict in Nagorno-Karabakh, and warned States against using COVID-19 as a pretext to restrict civil society, independent media, or public access to information. Finally, he expressed concern about the increasing number of political prisoners and the rise in cases of anti-Semitism, anti-Roma racism, and other forms of hatred and hate crimes in the OSCE region since the onset of the pandemic. Consensus Achieved on Organizational Leadership, Preventing Torture, Countering Corruption, and More Despite the challenges inherent in virtual negotiations, consensus was achieved on 11 texts spanning all three OSCE dimensions of comprehensive security and supporting the organization’s internal governance. Ministers agreed on the appointment of the OSCE’s top four leaders: Helga Schmid (Germany) as Secretary General, Maria Teresa Ribiero (Portugal) as Representative on Freedom of the Media, Matteo Mecacci (Italy) as Director of the Office for Democratic Institutions and Human Rights (ODIHR), and Kairat Abdrakhmanov (Kazakhstan) as High Commissioner on National Minorities. The decisions broke a months-long impasse after Azerbaijan, Tajikistan, Turkey, and others blocked the reappointment of the previous executives, leaving the organization leaderless since July. Participating States also reached consensus on several decisions that added to OSCE’s body of commitments. One such decision concerned the prevention and eradication of torture and other cruel, inhuman or degrading treatment or punishment, building on existing OSCE commitments. A version of the text was originally proposed in 2014 by Switzerland during their 2014 Chairpersonship of the OSCE. The initiative reflected the country’s historic leadership in the area of international humanitarian law and profound concerns regarding torture in the context of counterterrorism efforts. The proposal was reintroduced over successive Ministerial Councils before its adoption in 2020. The widespread use of torture and other horrific abuse by Belarusian authorities, documented by the November 2020 report under the OSCE Moscow Mechanism, added urgency to this decision this year. As adopted, the decision includes explicit references to enforced disappearances and to incommunicado detention. Participating States also adopted decisions on preventing and combating corruption; strengthening co-operation to counter transnational organized crime; deepening cooperation with OSCE’s Asian Partners; supporting the Transdniestrian settlement process (also known in the OSCE as the “5+2” format, which brings together representatives of Moldova, Transdniestria, the OSCE, the Russian Federation, Ukraine, the European Union, and the United States); and selecting North Macedonia to chair the organization in 2023. Unfinished Business Unfortunately, participating States did not reach consensus on several other important drafts, including one co-sponsored by the United States and Belarus based on lessons learned during the COVID-19 pandemic that would have set out new commitments for participating States to effectively combat human trafficking during times of emergency. Other proposals, including texts to modernize the Vienna Document (a wide-ranging confidence- and security-building measure that includes provisions requiring notification of significant military activities, as well as an exchange of information about armed forces, military organization, and major weapon and equipment systems), enhance public-private partnerships to counter terrorism, and counter trafficking in natural resources were scuttled by Russian, Azerbaijani, and Armenian intransigence. Some drafts which did not reach consensus among all 57 states were turned into statements issued and signed by those countries that had supported their adoption. The United States signed onto nine such statements to support the concept of women, peace and security outlined in UN Security Council Resolution 1325; modernization of the politico-military framework of the Vienna Document; and a number of statements related to the OSCE’s role in addressing regional challenges like ending the Nagorno-Karabakh conflict, improving human rights compliance by Belarus, countering Russian aggression in Ukraine and the Republic of Georgia, and addressing challenges relating to the COVID-19 pandemic. The Albanian Chairperson, together with the OSCE’s 2019 Slovak Chairperson, and the OSCE’s three incoming Chairpersons (the “Quint”) issued two joint statements, one expressing concern about the ongoing conflict in Ukraine and another reaffirming the principles enshrined the Helsinki Final Act and the Charter of Paris for a New Europe. Side events highlight continuing challenges The Ministerial Council’s four side events highlighted priority areas for participating States and for the Parliamentary Assembly. Due to the virtual format, events on the Belarus Moscow Mechanism report, human rights violations in Crimea, combatting human trafficking during the COVID-19 crisis, and the OSCE Parliamentary Assembly’s call for renewed political will to address contemporary challenges, attracted hundreds of participants. Deputy Assistant Secretary Kent closed the Moscow Mechanism side event by promising to maintain a focus on the situation in Belarus, to support efforts to hold authorities accountable for torture and other human rights violations, and to ensure the voice of the Belarusian people is heard in determining their country’s future. At a side event organized by the OSCE Parliamentary Assembly titled “A Call to Action: Reaffirming a Common Purpose,” Helsinki Commission Ranking Member Sen. Ben Cardin (MD) affirmed the strong bipartisan support in the United States for the OSCE, and recognized it as vital forum to promote security, defend human rights and encourage democratic development in all OSCE countries. He argued that greater political accountability rather than organizational reform would make the OSCE more relevant and effective in the years ahead. “It remains the responsibility of the participating States to hold each other to account. In the face of repression at home or aggression abroad, the OSCE will succeed as a multilateral forum as long as those who are true believers stand united in defending the ten Helsinki principles and forthrightly raise violations in this forum.” Sen. Ben Cardin (MD), Ranking Member, U.S. Helsinki Commission, OSCE MC 2020 Side Event on “A Call to Action” Due to challenges related to convening during the COVID-19 pandemic, the NGO network Civic Solidarity Platform did not organize its annual Civil Society Conference, which had been held in conjunction with each OSCE Ministerial Council since its first convening during the 2010 OSCE Summit in Astana. Instead, the network organized a series of webinars in December to maintain focus on key issues of concern. 2021: OSCE’s Swedish Chairpersonship “Back to Basics” Looking ahead to its 2021 Chairpersonship, Swedish Foreign Minister Ann Linde said that Sweden will work to get “back to basics:” defending the European security order, contributing to resolving conflicts, and upholding the OSCE’s comprehensive concept of security with a special focus on human rights, democracy, and gender equality.
Retrospective on the 116th CongressFriday, December 18, 2020
By Emma Derr, Max Kampelman Fellow “For more than four decades, the Helsinki Commission has championed human rights and democracy across North America, Europe, and Central Asia. While we have worked to keep these concerns on the U.S. agenda, much remains to be accomplished.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission In the OSCE region, 2019 and 2020 were marked by unprecedented challenges stemming from the COVID-19 pandemic, calls for racial justice, systematic human rights issues, and ongoing regional conflicts amidst U.S. presidential, Congressional, and regional and local elections. Through these crises, U.S. Helsinki Commission leadership worked tirelessly to ensure that human rights and comprehensive security continued to be promoted through the United States’ foreign and domestic policy agendas. 2020 also marked the 30th anniversary of the Charter of Paris, which set unprecedented commitments to human rights, providing an opportunity for OSCE participating States to reflect and bolster human rights commitments during such a crucial time. Through hearings and briefings, legislative activities, public statements and reports, and engagement with other foreign policy actors, the Helsinki Commission has focused on human rights and security challenges both in the United States and abroad to advance the commission’s priorities in the 116th Congress: principled foreign policy; human rights at home; parliamentary diplomacy; and safe, inclusive, and equitable societies. Additional policy focuses include regional security, election observation, OSCE engagement, and anti-corruption work. View a comprehensive list of activities in the Helsinki Commission's report on the 116th Congress. Principled Foreign Policy From respect for sovereignty and the territorial integrity of states to human rights and fundamental freedoms, commitments undertaken by OSCE participating States underpin peace and stability in the OSCE region and form the basis of comprehensive security for all people. The Helsinki Commission strives to ensure that the protection of human rights and democratic development are central to a principled U.S. foreign policy. During the 116th Congress, Belarus, Russia, Turkey, Hungary, Ukraine/Crimea, and the Balkans attracted particular attention, given the ongoing human rights and regional conflict issues in those countries. Belarus Following over two decades of authoritarian rule supported by the Kremlin, a political crisis erupted in Belarus in the summer of 2020. After August 9 elections, the Alexander Lukashenko regime claimed victory, and the country saw an unrelenting crackdown by Belarusian authorities on peaceful protests, civil society, and the media. According to international observers, Belarus has not had free and fair national elections since Lukashenko was first elected president in 1994. Unprecedented crowds continue to protest the election. Ahead of the election, Lukashenko eliminated his main political competition through disqualification or imprisonment. Numerous protestors, supporters of opposition candidates, and journalists were arrested as last-minute candidate Svetlana Tsikhanovskaya drew unprecedented crowds to her rallies. Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) called on President Lukashenko “to order the release of those who have been detained for political reasons and allow real political competition in Belarus.” After the elections and in reaction to the human rights abuses perpetrated by the Lukashenko regime, Chairman Hastings wrote to Treasury Secretary Steven Mnuchin requesting that the U.S. administration revoke access to the U.S. financial system for the nine largest state-owned companies in Belarus. “The United States stands with the people of Belarus, who have a right to make free choices about their country’s future and to protest peacefully.” Sen. Roger Wicker (MS), Co-Chairman, U.S. Helsinki Commission After the invocation by 17 OSCE participating States of the Moscow Mechanism to report on human rights concerns in Belarus and subsequent investigation, Professor Wolfgang Benedek—the selected rapporteur—joined the Helsinki Commission for a podcast to discuss his findings, including evidence of fraudulent elections, systematic human rights violations, and a general situation of impunity for perpetrators. Regional Security and Stability In May 2020, following reports that the Trump administration planned to withdraw from the Treaty on Open Skies, Chairman Hastings urged Congress to support the United States’ allies and partners in Europe, as “withdrawing from the Open Skies Treaty can only benefit Putin’s continuing campaign of aggression against Russia’s neighbors.” Chairman Hastings also authored an amendment to the National Defense Authorization Act (NDAA) for the 2021 Fiscal Year to reflect support for the Open Skies Treaty and stated his regret in November when the U.S. withdrew from the treaty. The Helsinki Commission held a joint hearing in November 2019 with the House Foreign Affairs Committee concerning the importance of the Open Skies Treaty for security and stability in Europe and released a podcast on the treaty’s benefits, the complexity of execution, and current challenges in implementation. In July 2019, for the first time in its 43-year history the Helsinki Commission convened outside of the United States for a field hearing to underscore America’s commitment to Baltic Sea regional security and emphasize its unwavering support for U.S. friends and allies. The commission also held a briefing 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 European region by threatening to cut off access to energy supplies. Turkey, Hungary, Ukraine/Crimea, and the Balkans In April 2019, Co-Chairman Wicker and Ranking Member Sen. Ben Cardin (MD) introduced the Defending United States Citizens and Diplomatic Staff from Political Prosecutions Act to address arbitrary arrests which contribute to Turkey’s deteriorating respect for human rights under President Erdogan. In April 2019, the Helsinki Commission hosted a briefing on recent developments in Hungary concerning a steady erosion of freedom, the rule of law, and quality of governance. Later that year, the commission reported on an amendment to the Hungarian religion law, which continues to discriminate against people on the basis of their faith. In late 2019, Co-Chairman Wicker successfully pressed Hungarian Prime Minister Viktor Orban to stop the blockage of the European Union version of the Magnitsky Act. The U.S. Magnitsky Act allows the use of sanctions as a tool to target alleged human rights abusers and corruption, and its European counterpart would do the same. In May 2020, Co-Chairman Wicker and Ranking Member Cardin urged U.S. Secretary of State Mike Pompeo to work with the European Union’s High Representative to advance EU Magnitsky Sanctions. Following a mob attack in October 2019 on a Jewish community center providing office space to civil society groups in Budapest, Chairman Hastings and Ranking Member Cardin called the Hungarian government to take action during this “alarming escalation of violence toward minorities and civil society groups.” In 2020, the commission released a report detailing the escalating rhetorical attacks and legislative restrictions against civil society as Orban continues to consolidate power in Hungary. In December 2019, Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) and Commissioner Rep. Emanuel Cleaver II (MO-05) introduced the bipartisan Ukraine Religious Freedom Support Act in the House of Representatives, and Co-Chairman Wicker introduced the act, cosponsored by Helsinki Commissioner Sen. Jeanne Shaheen (NH), to the Senate. The act, which would combat Russia’s religious freedom violations in the Crimea and Donbas regions of Ukraine, unanimously passed in the House of Representatives in November 2020 and awaits Senate action. In July 2019, the Helsinki Commission hosted a briefing about reunifying societies divided by war, genocide, and other tragedies in areas such as the Balkans, as well as promoting reconciliation and healing for Holocaust survivors and other victims of Nazi persecution who continue to seek justice worldwide. Twenty years after two U.S. citizens were brutally murdered in Serbia in the aftermath of the 1999 conflict in Kosovo, their brother Ilir joins the Helsinki Commission to share his family’s fight for justice in the face of inaction by Serbian authorities. Election Observation In 1990, all OSCE participating States pledged to hold free and fair elections and to invite international observers. OSCE election observation missions often are undertaken jointly by the OSCE Office of Democratic Institutions and Human Rights (ODIHR) and the OSCE Parliamentary Assembly (PA). These election observation missions have been recognized as one of the most transparent and methodical ways to encourage States’ commitment to democratic standards and have become a core element of the OSCE’s efforts to provide feedback on the election processes to the benefit of candidates and voters alike. Commissioners and staff have observed well over 100 elections since 1990, and in 2020 alone, the OSCE has been invited to observe elections in nearly 20 OSCE participating States, including the United States. In 2019, the commission held a briefing focused on the benefits and challenges of international election observation, best practices, and emerging issues such as voting technology and security. In addition, the use of disinformation to influence elections has become a pervasive and persistent threat in all 57 OSCE participating States. Ahead of the 2020 general elections, the commission held a briefing on the intersections and influences of disinformation and COVID-19 on the electoral process. Election observation is an important way to help monitor these effects on the workings of democracy. A limited election observation mission was deployed by the OSCE to observe the 2020 general election in the United States. Despite the challenges posed by the pandemic, the OSCE team was confident it produced a thorough, impartial, fact-based assessment that concluded the elections were free and fair, as well as “competitive and well managed despite legal uncertainties and logistical challenges” posed by the pandemic and the polarized political climate. OSCE Institutions and Policy During the past two years, the Helsinki Commission hosted hearings featuring both the Albanian and Slovakian OSCE Chairs in Office, as well as the OSCE Representative for Freedom of the Media Harlem Desir, to discuss OSCE institutional priorities such as human rights violations, conflict resolution, and the safety of journalists. In January 2020, the Helsinki Commission welcomed OSCE Office of Democratic Institutions and Human Rights Director Ambassador Ingibjörg Sólrún Gísladóttir, in her first appearance before Congress, to address challenges in the OSCE region related to human rights and democracy. In December 2020, the Helsinki Commission held a hearing, “U.S. Priorities for Engagement at the OSCE,” where Ambassador Philip T. Reeker U.S. State Department Senior Bureau Official, who has been serving in the role of Acting Assistant Secretary for Europe and Eurasia since March 2018, emphasized that the United States is focused on upholding Helsinki Final Act commitments and pushing all participating States to live up to their own commitments to these principles. Human Rights at Home Like all other OSCE participating States, the United States must also examine how well—or how poorly—it is living up to its own OSCE commitments. In the 116th Congress, the Helsinki Commission took a hard look at human rights at home. “If the United States wants to remain a credible voice in the promotion of human rights abroad, we must fiercely protect them at home.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission In summer 2020 the Helsinki Commission launched a series of hearings focused on restorative justice related to public monuments and memorials, the safety of journalists, and implications of domestic human rights issues for U.S. leadership. The commission also convened political and civil rights leaders to discuss the impact of George Floyd’s tragic death on the need to shape policies that confront and prevent racism and racist acts. The Helsinki Commission dealt at further length with the safety of journalists and freedom of the media in the United States. In the aftermath of attacks on journalists covering protests calling for racial justice, Chairman Rep. Hastings expressed the need to take an “honest and critical look at America’s own record in recent weeks on protecting journalists and safeguarding press freedom.” The U.S. Agency for Global Media (USAGM) supports networks that reach more than 350 million people across the world, many of whom otherwise would not have access to independent, unbiased news. When USAGM failed to renew J-1 visas for foreign Voice of America (VOA) journalists, Chairman Rep. Hastings, Ranking Member Sen. Ben Cardin, and Helsinki Commissioners Sen. Jeanne Shaheen, Rep. Emanuel Cleaver, Rep. Steve Cohen (TN-09), and Rep. Marc Veasey (TX-33) demanded that U.S. Agency for Global Media (USAGM) CEO Michael Pack provide a detailed explanation and called for new policies to protect the personal security of VOA journalists working under the USAGM. Safe, Inclusive, and Equitable Societies Civil rights are human rights, and advancing societies that are safe, inclusive, and equitable is central to the work of the Helsinki Commission. Anti-racism initiatives have always been a priority for the commission, but they found particular focus in 2020 in conjunction with the exposure of systemic racism in police brutality and the disproportionate impacts of COVID-19 on minority populations. Commissioners looked inward to the United States’ own domestic policies, as well as outward to other OSCE countries, to develop ideas and policies that promote principles of social inclusion, empowering diverse populations and enhancing the ability for everyone to fully participate in society. Over the past decade, Chairman Hastings has drawn attention to the racism and discrimination faced by black Europeans, recognizing their fight for inclusion. In March 2019, he introduced legislation establishing a strategy to protect the collective history and achievements of people of African descent and to promote the human rights of people of African descent worldwide, and a year later, he introduced a bill to implement a government-wide diversity and inclusion plan. “Across the globe we find racial disparities between those of African descent and other populations in education, employment, health, housing, justice, and other sectors. At the same time, hate crimes and racial profiling targeting black populations are increasing,” said Chairman Hastings. “A global strategy ensures we are monitoring whether countries around the world are providing equal protections and opportunity to all within their borders.” Chairman Hastings also collaborated with other Helsinki Commissioners to address racism globally. In July 2020, Chairman Hastings, along with Helsinki Commissioners Rep. Gwen Moore (WI-04), Rep. Cleaver, Rep. Veasey, and 35 other Members of the United States Congress, including the Congressional Black Caucus Chair, called for a sweeping plan of action following the European Parliament’s Juneteenth Day resolution supporting protests against racism and police brutality. Chairman Hastings and Rep. Gregory W. Meeks (NY-05) also issued a statement regarding foreign affairs funding for diverse, global anti-racism programs, commemorating John Lewis’ yearly leadership in securing these appropriations requests. In September, Chairman Hastings and other Helsinki Commissioners joined members of the European Parliament’s Civil Liberties Committee and Subcommittee on Human Rights to discuss combating racism and systemic discrimination on both sides of the Atlantic. In October, Ranking Member Cardin joined the office of the OSCE High Commissioner on National Minorities for an online event that evaluated the applicability of the 2006 Recommendations on Policing in Multi-Ethnic Societies, highlighted relevant legislation, and discussed structural changes to address discriminatory police violence. Ahead of International Roma Day in 2020, the Helsinki Commission hosted a discussion about racism against Roma, the largest ethnic minority in Europe who have historically faced enslavement and continue to battle discrimination. The conversation focused on the state of Roma rights in Europe, as well as resolutions introduced by Helsinki Commission leaders to celebrate Romani American heritage. Reports from nearly every corner of the OSCE region suggest that minority groups have been impacted especially hard by the COVID-19 pandemic, and an extended episode of "Helsinki on the Hill" takes an in-depth look at the pandemic’s impact on vulnerable populations, such as the Roma, and the role of governments in addressing that impact. In December 2019, the Helsinki Commission convened a hearing to focus on public diplomacy initiatives that cultivate leaders who espouse democratic principles, including inclusive and representative governance. The commission also released a podcast discussing how to achieve equitable and inclusive democracies through political inclusion and economic empowerment. Guests discussed their experiences on the front lines of the fight for greater diversity and inclusion in Europe, and in the transatlantic policymaking space more broadly. Members of the Helsinki Commission have long supported diversity and inclusion efforts in international affairs including through the annual Transatlantic Inclusion Leaders Network (TILN) workshop, a hearing about the state of diversity and inclusion in Europe, and a new transatlantic democracy program for youth “On the Road to Inclusion.” In March 2020, Chairman Hastings introduced the Leadership Institute for Transatlantic Engagement (LITE) Act, calling for the creation of a transatlantic institute focused on strengthening democratic principles and values in the West, as well as pioneering inclusive and intergenerational solutions to current challenges that would empowering individuals across generations and from diverse backgrounds with the knowledge, tools, opportunity, and access to fully participate in their democracies. The commission also supports diversity in the diplomatic corps. Chairman Hastings, Co-Chairman Wicker, and Ranking Member Cardin joined bipartisan Congressional efforts to support annual funding for State Department and USAID diversity fellowship programs, as well as study abroad opportunities. Parliamentary Diplomacy Parliamentary diplomacy advances comprehensive security and democratic institutions in the OSCE region and acts as a tool to promote safe, inclusive and equitable societies. Commissioners have championed the development of parliamentary assemblies for regional organizations throughout the world and participate regularly in the OSCE Parliamentary Assembly (OSCE PA), which offers opportunities for engagement among parliamentarians from OSCE participating States. The Helsinki Commission organizes bicameral U.S. delegations to OSCE PA meetings throughout the year. With 17 of 323 seats, the United States has the largest representation in the assembly. In the 116th Congress, commissioners explored ways to defend human rights, hold the Kremlin accountable, and maximize cooperation with OSCE Mediterranean partners at OSCE PA meetings. Commissioners visited Hungary, Tunisia, Israel, and Morocco in bipartisan delegations aiming to strengthen shared principles, and Commissioners reported on these visits at OSCE PA meetings as well. Co-Chairman Wicker led the largest bipartisan, bicameral U.S. delegation in history to the 28th Annual Session of the OSCE PA in July 2019 in Luxembourg. At this annual session, Helsinki Commission Ranking Member Cardin, who also serves as OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, hosted a U.S. side event in his capacity as Special Representative on the topic of adopting an action plan to counter hate and foster inclusion. Following a two-day seminar organized by Helsinki Commission and the OSCE PA in February 2020, Future Leadership for Political Inclusion in the OSCE Region: A Seminar for Young Parliamentarians, nearly 20 young legislators from OSCE participating States issued a joint declaration emphasizing the important role young people must play in addressing human rights and security challenges across the world. The commission hosted OSCE PA officials for a briefing in December of 2019 to share a parliamentary perspective on the priorities and objectives of the Albanian chairmanship of the OSCE amid regional conflicts and resistance to democratic reforms in some countries in the OSCE region. The commission also regularly hosts hearings, convenes panels, and participates in events related to parliamentary diplomacy, highlighting the important role the OSCE PA and other parliamentary assemblies play in holding governments accountable to standards of cooperation and human rights. Corruption During the 116th Congress, the Helsinki Commission promoted efforts to combat corruption in the OSCE region, recognizing it as a threat to democracy, security, and human rights. The commission’s work focuses on authoritarian kleptocracy, a form of autocratic government that relies on financial globalization and secrecy to steal and maintain power. Members of the Helsinki Commission introduced the Rodchenkov Act, the Kleptocrat Exposure Act, the Combating the Illicit Trade in Tobacco Products Act (CITTPA), the Countering Russian and Other Overseas Kleptocracy (CROOK) Act, the Foreign Extortion Prevention Act, and the Transnational Repression Accountability and Prevention (TRAP) Act. The Rodchenkov Act passed through both chambers of Congress and was signed into law by President Trump on December 4, 2020. The act establishes criminal penalties for doping schemes, provides restitution for victims, protects whistleblowers from retaliation, and shares information with the U.S. Anti-Doping Agency. Passage of the bipartisan legislation was spearheaded by Co-Chairman Wicker and Commissioner Sen. Sheldon Whitehouse (RI) in the Senate and former Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) in the House of Representatives. “This legislation is a great bipartisan accomplishment for the rights of athletes, the protection of whistleblowers, and our common goal of keeping criminals out of international sports,” said Co-Chairman Wicker. The commission also organized briefings to draw attention to issues like money laundering and official corruption, as well as to share best practices on innovative corruption policies.
Co-Chairman Wicker on Secretary of State’s New Designations under International Religious Freedom ActThursday, December 10, 2020
WASHINGTON—Following U.S. Secretary of State Mike Pompeo’s December 7 designations for Countries of Particular Concern (CPC) and the Special Watch List for the worst religious freedom violations, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Secretary Pompeo rightfully redesignated Tajikistan and Turkmenistan as Countries of Particular Concern. These governments continue to arrest, detain, and torture people for their faith, despite repeated CPC redesignations. It is time for the president to take actions required by the International Religious Freedom Act of 1998, which include sanctions against foreign government officials who have committed or are responsible for severe and egregious religious freedom violations. “Russia’s continued presence on the Special Watch List underscores the need for the Senate to pass the Ukraine Religious Freedom Support Act. The Kremlin brutally persecutes religious communities in the parts of Ukraine it illegally occupies or otherwise controls by force. This legislation would ensure the president has the authority necessary to hold Russian government officials accountable for their brutality in Ukraine. “Under the leadership of President Shavkat Mirziyoyev, Uzbekistan commendably has released religious prisoners, registered more religious organizations, and maintained the ban on police raids against religious communities. However, it is essential that reforms continue. Uzbekistan should work with the Organization for Security and Cooperation in Europe and Council of Europe’s Venice Commission on its draft religion law to ensure that the final version complies with Uzbekistan’s OSCE commitments and international obligations.” As participating States of the Organization of Security and Cooperation in Europe, Tajikistan, Turkmenistan, Russia, and Uzbekistan have repeatedly made commitments to recognize, respect, and protect religious freedom. Even though Turkmenistan has been a CPC since 2014 and Tajikistan since 2016, presidents have always waived taking the presidential actions against them required by the International Religious Freedom Act of 1998. Russia has been on the Special Watch List since 2018. In November 2020, the House of Representatives unanimously passed the Ukraine Religious Freedom Support Act (H.R. 5408) introduced by Helsinki Commissioners Rep. Joe Wilson (SC-02) and Rep. Emanuel Cleaver, II (MO-05). The Senate companion (S. 3064), introduced by Sen. Wicker and cosponsored by Helsinki Commissioner Sen. Jeanne Shaheen (NH), also awaits Senate action. Under binding international humanitarian law, like the Geneva Conventions, the Russian Government is responsible for religious freedom violations in Ukrainian territory it occupies or controls through armed groups it commands. The Ukraine Religious Freedom Support Act would authorize the president to consider Russia’s worst religious freedom violations in Ukrainian territory—not just violations in Russia—when determining whether to designate Russia as a CPC. Uzbekistan was a CPC from 2006 to 2017 and on the Special Watch List from 2018 to 2019. Sen. Wicker has repeatedly urged Uzbekistan to request a review of its draft religion law by the OSCE’s Office for Democratic Institution for Human Rights. Sen. Wicker made the requests in a 2018 letter to Foreign Minister Abdulaziz Kamilov, during a 2018 Helsinki Commission hearing, and in a 2019 public statement. A recent joint review by ODIHR and the Venice Commission review concluded that although “the Draft Law brings some improvements compared to the existing legislation…the Draft Law also maintains major restrictions and suffers from deficiencies that are incompatible with international human rights standards.” The review included recommendations to make the law compliant.
2020 OSCE Mediterranean ConferenceWednesday, December 09, 2020
By Zantana Ephrem, Max Kampelman Fellow and Michelle Ikelau Ngirbabulka, Max Kampelman Fellow In 2020, the Organization for Security and Cooperation in Europe (OSCE) has faced the unprecedented crisis of COVID-19, as well as numerous other challenges. On November 3, the Mediterranean Partners for Cooperation Group gathered to virtually share best practices and discuss areas for long-term cooperation on topics including women’s economic empowerment and the environment. Political representatives of the 57 OSCE participating States, the six OSCE Mediterranean Partners for Cooperation (Algeria, Egypt, Israel, Jordan, Morocco and Tunisia), and various international organizations participated in the event. Sweden, as Chair of the 2020 OSCE Mediterranean Partners for Co-operation Group, organized the event, which focused on promoting security in the OSCE Mediterranean region through sustainable development and economic growth. Foreign Minister of Sweden Ann Linde offered opening remarks, along with Agron Tare, Deputy Minister for Europe and Foreign Affairs of Albania, and Ambassador Tuula Yrjölä, Officer-in-Charge / OSCE Secretary General. Two thematic sessions focused on advancing women’s economic empowerment and contribution to development, as well as on the need to strengthen international environmental cooperation. Women’s Economic Empowerment Advancing women’s economic empowerment continues to be a priority for OSCE Member States despite these challenging times, as demonstrated in the first session moderated by Ambassador and Permanent Representative of the Hashemite Kingdom of Jordan to the OSCE H.E. Leena Al-Hadid. She opened the session by highlighting existing gaps in women’s political and economic participation, even though many countries have adopted several policies to improve women’s economic empowerment and their economic advancement. Hadid also discussed how COVID-19 has highlighted and exacerbated persistent inequities in unpaid household work, domestic violence, and permanent exits from the labor force. The panel opened for input from participants where Spanish Ambassador-at-Large for Gender Equality in Foreign Policy Clara Cabrera, among others, discussed best practices as well as posed questions to panelists. Panelists shared their countries’ relevant experiences with narrowing existing gaps in gender equity in areas such as income, labor force participation, access to financial resources, and the digital divide. “COVID-19 has exacerbated inequalities but also has centered our action precisely in economic empowerment. We’ve seen this in the global action for economic empowerment. Mediterranean partners are key in this, including women in all decision-making responsibilities. Response policies will not be sustainable, fair, or impactful if they do not include women and girls’ empowerment.” – Clara Cabrera, Spanish Ambassador-at-Large for Gender Equality in Foreign Policy Ms. Natalia Strigunova, deputy director of the Department of Multilateral Economic Cooperation and Special Projects of the Russian Federation Ministry for Economic Development, and Mr. Roger Albinyana, director of Mediterranean regional policies and human development at the European Institute of the Mediterranean, shared opportunities to advance women’s economic empowerment through legislative action that supports mothers, narrows gaps in educational attainment, and increases financial support for women participating in the labor force. Stroganov highlighted the importance of eliminating the digital divide between men and women that persists in both rural and urban areas throughout Russia by promoting vocational and educational training opportunities and partnerships with the private sector and online education platforms like Open Academy. Mr. Albinyana shared similar best practices around the use of policy to eliminate inequities in educational attainment, women’s employment, and access to finances and capital. Policies instituting paid maternity leave and banning discrimination on the basis of sex or marital status for capital are essential to empowering women. Dr. Lenita Freidenvall of Sweden stated that her country’s efforts have focused on improving gender equality through policies that drive decision-making and resource allocation, ultimately aiming to build a society in which women and men can live their lives to their utmost potential regardless of sexual orientation, gender, age, or sex. Specifically, these policies include improving access to affordable childcare, equal distribution of parental leave, and improved access to financial capital. Mrs. Hana Rado, chief operating officer of McCann Tel Aviv, co-founder and chairperson of AloTok, and president of Supersonas Israel, noted the disproportionate burden of unemployment women in Israel face during COVID-19. She shared five solutions for economic advancement, including investments and policies that provide financial literacy, management, and leadership development. These initiatives also aim to support the mother, equal pay, and women in business, as well as protect the safety and security of women both in the public and private sphere. Promoting Environmental Cooperation “Our post-COVID-19 recovery strategies should be used as an opportunity to take on important reforms towards fulfilling the sustainable development goals, as well as the goals of the Paris agreement. We need to ensure that the recovery is based on the green transition. Lack of action towards climate neutrality will bring about consequences and costs that by far exceed the transition costs.” – Ann Linde, Minister of Foreign Affairs of Sweden The session focusing on promoting environmental cooperation was opened by H.E. Ambassador Yasser Sorour, deputy assistant foreign minister of Egypt, who highlighted how water scarcity, drought, and rising sea levels are the most pressing environmental concerns in the region. A panel of experts, moderated by H.E. Ambassador Vuk Žugić, the coordinator of OSCE economic and environmental activities, discussed the increasing frequency and intensity of natural disasters and extreme weather events, and how poor governance and mismanagement and degradation of natural resources pose threats to the environment and security of the OSCE region and the Mediterranean. Dr. Malin Mobjörk, senior researcher and director of the Climate Change and Risk Programme at the Stockholm International Peace and Research Institute, touched on how environmental issues jeopardize tourism, a significant aspect of many Mediterranean countries’ economies. She elaborated on how the accelerated rate of environmental change also affects economies and puts livelihoods at risk. Mr. Grammenos Mastrojeni, deputy secretary general for energy and climate action at the Union for the Mediterranean, asserted that strengthening cooperation and partnerships to address environmental challenges magnified by climate change can facilitate sustainable development in all its aspects, advance green growth, and foster common security. He also emphasized the need to mitigate nonrenewable resources and implement renewable energy initiatives. The conference concluded by discussing how the OSCE’s 2021 priorities will focus on women's economic empowerment, comprehensive access to security, equal access to justice, security amongst OSCE states, and COVID relief and mitigation. Official delegations present at 2020 OSCE Mediterranean Conference included: Jordan Morocco Israel Cyprus Finland Greece Slovenia Turkey Malta Spain Egypt Hungary Italy Poland Portugal Croatia
U.S. Priorities for Engagement at the OSCETuesday, December 08, 2020
From urgent crises in Belarus and the Caucasus to the ongoing Russia-fueled war in Ukraine, all three dimensions of the Organization for Security and Cooperation in Europe (OSCE)’s definition of comprehensive security—military, economic and human—are under strain. Ambassador Philip T. Reeker, U.S. State Department Senior Bureau Official, who has been serving in the role of Acting Assistant Secretary for Europe and Eurasia since March 2018, briefed the Commission on newly appointed leadership at the OSCE, including the new Secretary-General Helga Schmid, and U.S. government priorities for the OSCE moving forward. Ranking Senate Commissioner Sen. Ben Cardin (MD) chaired the hearing and noted that November marked the 30th anniversary of the Charter of Paris, a document that ushered in a new era of peace, unity and democracy in Europe. He acknowledged current challenges in the OSCE region but highlighted that “the real problem within the OSCE today is states not complying with the commitments.” Sen. Cardin thanked U.S. Ambassador to the OSCE James Gilmore for his active engagement with the commission and his commendable service to the United States. Helsinki Commission Co-Chairman Sen. Wicker (MS) expressed appreciation to Ambassador Reeker for his leadership. He recommended that the United States take a proactive role to focus the OSCE on U.S. priorities and on issues where it could have the greatest impact, such as instability in the Western Balkans and reforms in Uzbekistan. Sen. Wicker underlined, “The United States supports the OSCE for one paramount reason: it is an effective tool to advance American interests.” Ranking Member Wilson (SC-02) ascribed the OSCE’s ability to contribute to pressing issues like combating human trafficking and tackling corruption to its broad focus. He emphasized, “These initiatives within the OSCE cannot replace efforts done elsewhere, including in our bilateral relations, but they can complement… those efforts with additional resources and expertise.” In his testimony, Ambassador Reeker recalled the long history of the State Department and the commission working together on issues of peace and security, and expressed appreciation for the work of the Commissioners in the OSCE Parliamentary Assembly. Ambassador Reeker emphasized that the United States is focused on upholding the Helsinki Final Act principles and pushing all participating states to live up to their commitments to those principles. Looking forward, he highlighted several U.S. priorities for engagement at the OSCE. He pledged to keep the protracted conflicts in Europe—whether in Ukraine, Moldova, Georgia, or Nagorno-Karabakh—high on the OSCE agenda, and added that the United States would encourage greater focus on hybrid threats that were destabilizing already tense security environments. He said that the United States would urge the OSCE to augment its engagement in the ongoing crisis and violent crackdown in Belarus. “I believe – and I think my predecessors would say the same – the OSCE plays a unique role in the foreign relations of the United States with Europe, Canada, and Central Asia. This is an organization where the United States speaks directly with democratic friends and Allies, as well as with countries that demonstrably do not share our values.... We underscore the OSCE’s comprehensive concept of security and the importance of implementing all commitments in all three dimensions – politico-military, economic/environmental, and human.” – Ambassador Philip T. Reeker, Senior Bureau Official Ambassador Reeker underscored the United States’ intention to push back against the malign influence of People’s Republic of China and the Communist Party of China across the OSCE region. He cited the rise of anti-Semitism, anti-Muslim sentiment, anti-Roma racism, and other forms of hatred in Europe and committed the United States to continue to press strongly for the release of political prisoners and detainees in the region. He emphasized the United States’ determination to condemn and combat all manifestations of intolerance and stressed the significance of holding a Human Dimension Implementation Meeting in 2021 and requested the commission’s support to achieve this goal. During the discussion, commissioners expressed concern and advocated for progress on a number of issues before the OSCE including anti-corruption, anti-semitism, climate change, energy diversity and the fight against racism and intolerance. Ambassador Reeker concluded by noting that the United States’ January 2021 chairmanship of the Forum for Security Cooperation was “a key opportunity to project geostrategic leadership and advance political-military priorities.”
COVID-19 IMPACTS OSCE’S 2020 HUMAN DIMENSION WORKMonday, December 07, 2020
By Erika Schlager, Counsel for International Law; Janice Helwig, Senior Policy Advisor; and Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE The regular and planned schedule of OSCE meetings for 2020 was significantly altered by the COVID-19 pandemic. It now falls to the 2021 Chair-in-Office, Swedish Foreign Minister Ann Linde, to steward the Organization—and its human dimension activities—through the next phase of the pandemic. Changes to the OSCE’s regular order began on March 14, when Austrian authorities ordered a lockdown in response to the emerging pandemic. OSCE meetings in Vienna, where the OSCE is headquartered, were canceled for the second half of that month. Pressing business was conducted remotely, which allowed the Permanent Council to renew the mandate for the Special Monitoring Mission (SMM) in Ukraine and adopt the SMM budget on March 19. After a regularly scheduled recess from April 6 to April 17, some OSCE meetings resumed as the organization shifted to primarily online meetings. Some used a “hybrid” or “blended” format, permitting in-person engagement in Vienna (to the extent that in-person gatherings were allowed by changing local health measures), reinforced by additional participation through videoconferencing. Two-day Supplementary Human Dimension Meetings, the Alliance Against Trafficking meeting, and the Annual Security Review Conference were held in a hybrid format. Some other meetings, such as the annual Human Dimension Seminar in Warsaw, were not held at all. Separately, the OSCE Parliamentary Assembly canceled its annual session, which had been scheduled in Vancouver in July. 2020 Human Dimension Implementation Meeting As the participating States and the OSCE institutions strove to adjust to circumstances created by the COVID-19 pandemic, convening the annual Human Dimension Implementation Meeting (HDIM) presented particular challenges due to its length and complexity. Reflecting the extraordinary times, the 2020 Human Dimension Implementation Meeting was canceled by decision of the participating States. Spanning two weeks, the HDIM is significantly longer than other OSCE meetings. It typically draws more than a thousand representatives of government and civil society from across the OSCE’s expansive time zones. According to its mandate, the HDIM holds six hours of formal sessions each day covering the full range of human dimension concerns including freedoms of assembly, association, expression, and religion or belief; countering anti-Semitism, racism, and xenophobia; and democratic institutions such as free and fair elections, the rule of law, and independence of the judiciary. Dozens of side events are also organized by nongovernmental organizations, OSCE institutions, other international organizations, and participating States, which meet for up to an additional six hours a day. Side events allow participants to focus on specific issues of concern in greater depth. The most significant aspect of HDIM is that civil society representatives may speak during formal sessions on equal footing with government representatives. Governments and civil society alike use HDIM as a forum to cultivate contacts among and between civil society and governments. As a practical matter, the critical human rights violations that would be the focus of any implementation review were unabated by the pandemic. On the contrary, some governments used the pandemic to distract from their long-standing human rights shortcomings. In addition, the pandemic created additional areas of concern, such as government surveillance ostensibly related to health monitoring, punitive measures against real or alleged critics of a government’s pandemic responses, and the scope and duration of emergency measures adopted in response to the pandemic. When considering how to hold the HDIM in the context of COVID-19, organizers and participants alike debated how, or indeed whether, HDIM’s unique aspects could be shoe-horned into an on-line format. The United States argued that the HDIM could and should be convened in an adjusted, blended format. “It is precisely because of the impact of the pandemic on human rights and democracy that the HDIM must be held. [. . .] 2020 is EXACTLY the year we need HDIM most.” Harry Hummel, advisor to the Netherlands Helsinki Committee with extensive experience attending HDIMs, noted that some of these challenges had already been met for the first two Supplementary Human Dimension Meetings and that hybrid meetings would have some advantages. However, he concluded that all online or hybrid HDIM variants would have significant disadvantages for civil society, particularly since one of the most important components of the HDIM—informal, person-to-person contacts—could not be replicated virtually A majority of OSCE participating States agreed. After extensive consultations among participating States, the Chair-in-Office, and the Office for Democratic Institutions and Human Rights (ODIHR) —the OSCE institution mandated to organize the HDIM—the Permanent Council decided on September 11 that the HDIM (originally scheduled for September 21–October 2) would, exceptionally, not take place in 2020 due to the unprecedented, extraordinary, and unpredictable circumstances caused by the ongoing COVID-19 pandemic. The Permanent Council also stated that this decision did not establish any precedent for the organization of future HDIMs. Following the announcement, Chairman Alcee Hastings stated, “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.” At a hearing before the Helsinki Commission on September 17, OSCE Chair-in-Office Edi Rama reaffirmed the importance of HDIM. He stated, “This is a huge loss for our organization. Together with [the] Permanent Council, [the] Human Dimension Implementation Meeting is a constituent part of the OSCE’s mechanism for the review and assessment of the implementation of our commitments.” Working to Keeping Human Dimension Issues Top of Mind To provide an additional platform in 2020 for human dimension issues, the OSCE held a series of webinars between September 28 and November 6, 2020, organized by ODIHR in cooperation with the Office of the Representative on Freedom of the Media (RFoM) and the Office of the High Commissioner on National Minorities (HCNM), and with the support of the 2020 Albanian OSCE Chairmanship. The sessions focused on racism, xenophobia, and intolerance and discrimination; combating racism and discrimination against Roma; the rule of law; access to information and freedom of the media; democratic lawmaking; multilingual education; and human rights defenders. Some of the webinars touched on subjects such as the prevention of torture (part of the discussion on human rights defenders) and access to information that also were the subject of subsequent negotiations for Ministerial Council decisions. Although the webinars raised important human rights issues, they could not substitute for the HDIM, particularly as their format and short duration did not permit significant dialogue with civil society. Looking Ahead to 2021 In a December 3 address to the annual OSCE Ministerial Council, U.S. Deputy Secretary of State Stephen Biegun called for sustained vigilance. “We must press governments to uphold their human dimension commitments, give audience to the voices of civil society, and hold a Human Dimension Implementation Meeting in 2021 where governments are called to account for their actions,” he said. As 2021 Chair-in-Office, Sweden will have the task of consulting with the participating States on the entire calendar of OSCE meetings and events, continuing to adjust plans as needed in light of the COVID-19 pandemic. There has been strong support among participating States for moving the HDIM, which is typically been held in the early fall, to earlier in the year to prevent any conflict with the annual United Nations General Assembly meeting. Given the inability to hold a regular HDIM in 2020, if public health conditions permit, it would be ideal to move the HDIM forward in 2021.
Europe Whole and Free? The Future of the OSCEThursday, December 03, 2020
On November 20, the Woodrow Wilson Center, in cooperation with the U.S. Helsinki Commission, hosted “Europe Whole and Free: The Future of the OSCE.” The event discussed a divided Europe and the responsibility of the United States to help obtain peace on the continent. The event featured Helsinki Commission Ranking Member Sen. Ben Cardin (MD) and Commissioner Rep. Robert Aderholt (AL-04), as well as other leading voices on European security and cooperation. The event celebrated the 30th anniversary of the Charter of Paris for a New Europe, which was signed by 34 heads of state and government during a Conference on Security and Cooperation in Europe Summit (CSCE) held in the French capital from November 19 to 21, 1990. The political agreement charted a path forward following Cold War confrontation and 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 created the Organization for Security and Cooperation in Europe (OSCE), which today is the world’s largest regional security organization, comprising 57 participating States. Participants delved into the history of the Helsinki Final Act and the Charter of Paris, acknowledging that these agreements hold particular importance as milestones of European and transatlantic cooperation. They also expressed optimism concerning transatlantic cooperation under President-elect Joe Biden and stressed the importance of continuing dialogue regarding Charter of Paris commitments. “I think Joe Biden recognizes that U.S. involvement globally is going to be in the United States’ interest,” said Sen. Cardin. “You’re going to see a president who will embrace those allies that share our values, but he’ll engage all of the countries. But he’ll be anchored in our values, which, by the way, are the Helsinki Final Act values and reinforcing the Charter of Paris.” As democracy and human rights are systematically challenged in the OSCE region, Robert Ryberg, Deputy Deputy Minister for Foreign Affairs of Sweden and incoming OSCE Chair-in-Office, noted that recent developments in Ukraine and Belarus demonstrate that nearly all serious challenges to the OSCE region’s security stem from situations where the fundamental principles of Helsinki and Paris are not respected. Many speakers pointed out the need for accountability within the OSCE and reinvigorated political investment from participating States in order to realize Chart of Paris ideals. “As no one participating in that Paris Charter could predict the collapse of the Soviet Union, which at that time was literally only a year away, we cannot yet see the contours of the world that will emerge from the lockdowns that we are seeing now and this disruption that the coronavirus has really brought to the entire world,” said Rep. Aderholt. “Whatever the future holds, I believe that a revitalized OSCE will be a powerful asset for our leaders as they navigate in a new era and as we continue to call upon all governments to respect inalienable rights.” Speakers also called for a reinvigoration, and in some cases reform, of the OSCE, as well as the promotion of multilateralism, as avenues to continue the vital work of the OSCE. Photos Courtesy of the Woodrow Wilson Center and the Ministry of Foreign Affairs of France
A Parliamentary Perspective on the 30th Anniversary of the Charter of ParisThursday, December 03, 2020
On November 20, the OSCE Parliamentary Assembly (OSCE PA) and the French Delegation to the OSCE PA hosted a commemorative event celebrating the 30th anniversary of the Charter of Paris for a New Europe. Speakers reflected on the momentous document and discussed how to the OSCE can continue to provide value within today’s complex international framework. The Charter of Paris was signed by 34 heads of state and government during a Summit of the Conference on Security and Cooperation in Europe (CSCE) in the French capital from November 19 to 21, 1990. The political agreement charted a path forward following Cold War confrontation and ushered in a new era as states made an unprecedented commitment to domestic individual freedoms, democratic governance, human rights, and transnational cooperation. The agreement led to the institutionalization of the CSCE as well as the regularization of its meeting, setting the stage for the transformation of the ongoing conference to an organization, the OSCE, in 1995. This included the founding of the Parliamentary Assembly in 1991. As the Charter of Paris turns 30, speakers reflected on its history and expression of hope for unity, stability and peace – goals which seemed attainable at the time but appear more distant today. Ann Linde, the Minister for Foreign Affairs of Sweden and incoming OSCE Chairperson-in-Office, stressed the OSCE and OSCE PA’s critical role in resolving challenges that threaten the OSCE region’s collective security, such as Russia’s violation of Ukraine’s territorial integrity and the post-election crackdown in Belarus. OSCE PA President George Tsereteli said, “it is clear that we as politicians and parliamentarians need to work very hard.” He encouraged his colleagues to confront crises in democracy and strive to realize Charter of Paris commitments. Participants of the event acknowledged the need to strengthen participating States’ commitments to the charter’s ideals through cooperation and dialogue. These calls for action were within the context of current geopolitical conflicts, as well as an effort to find ways to reach consensus with Russia. “The OSCE has become the premier international organization promoting human rights… It is a proud record, but it’s a record that can be improved. The OSCE needs to work on openness, access to non-governmental organizations. But the problem within the OSCE states today is principally noncompliance of the states with the principles, not the deficiencies in the organization itself,” said Helsinki Commission Ranking Member and OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance, Sen. Ben Cardin. “Every state can do better,” Cardin said. “So, let us on this 30th anniversary of the Paris Charter remember our mission to build, consolidate, and strengthen democracies as the only system of government of our nations. You cannot be neutral in democracy.”
Ambassador Philip T. Reeker to Testify at Helsinki Commission Hearing on U.S. Engagement at the OSCEMonday, November 23, 2020
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: U.S. PRIORITIES FOR ENGAGEMENT AT THE OSCE Tuesday, December 8, 2020 10:00 a.m. Watch Live: www.youtube.com/HelsinkiCommission From urgent crises in Belarus and the Caucasus to the ongoing Russia-fueled war in Ukraine, all three dimensions of the Organization for Security and Cooperation in Europe (OSCE)’s definition of comprehensive security—military, economic and human—are under strain, while the organization itself has been weakened in its ability to respond to these crises due to several leadership vacancies. At the same time, OSCE participating States are dealing with the ever-increasing severity of the COVID-19 pandemic, which is taking a terrible toll on populations throughout the OSCE area. November marked the 30th anniversary of the Charter of Paris, which began the transformation from the original Conference on Security and Cooperation in Europe into today’s OSCE, the world’s largest regional security organization. Following the OSCE Ministerial Council meeting taking place December 3 – 4, 2020, Ambassador Philip T. Reeker will brief the Commission on the results of the meeting and discuss U.S. Government priorities at the OSCE moving forward.
Chairman Hastings Regrets U.S. Withdrawal from Open Skies TreatyFriday, November 20, 2020
WASHINGTON—With the Trump administration slated to complete its withdrawal from the Treaty on Open Skies on Sunday, November 22, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “While it appears the Open Skies Treaty will survive the Trump administration’s withdrawal, the absence of U.S. leadership from this crucial treaty regime is a stiff blow to transatlantic security. I look forward to the Biden administration’s renewed dedication to working closely with our allies to promote transparency and predictability in Europe. I call on the next administration to explore how to reengage in the Open Skies Treaty.” The Open Skies Treaty was 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. On May 22, 2020, the United States provided notice of its decision to withdraw from the Treaty. In support of the treaty, Chairman Hastings successfully amended the 2021 National Defense Authorization Act (H.R.6395) to include the sense of Congress that the Trump Administration’s decision to withdraw from the treaty 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. The measure also expressed 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 America’s NATO allies and partners. Chairman Hastings had previously condemned the Trump administration’s decision to withdraw from the Treaty on Open Skies. 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 in Europe.
The OSCE Celebrates 30 Years of the Charter of ParisFriday, November 20, 2020
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. New Challenges 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
OSCE ELECTION OBSERVERS RELEASE 2020 PRELIMINARY FINDINGS ON THE UNITED STATES GENERAL ELECTIONSFriday, November 13, 2020
By Emma Derr, Max Kampelman Fellow and Robert Hand, Senior Policy Advisor The U.S. election system has passed the “extreme stress test,” according to the head of the 2020 general election observation mission organized by the Organization for Cooperation and Security in Europe. International observers representing 39 OSCE participating States presented their preliminary conclusions at a press conference on November 4, 2020 in Washington D.C. The observation mission is a joint effort between the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the OSCE Parliamentary Assembly (PA). Ambassador Urszula Gacek of Poland, who led the ODIHR observers, said the U.S. electoral system had been subjected to an “extreme stress test” this year due to COVID-19 and the polarized political climate. While announcing the mission’s findings, she concluded, “The American electoral process appears to have passed that test.” Observers deliver the post-election statement in Washington D.C. Photo courtesy of the OSCE PA. In 1990, all OSCE participating States pledged to hold free and fair elections and to invite international observers. To meet this OSCE commitment, in March 2020 the U.S. Department of State invited the OSCE to observe the November 3 elections. As part of the OSCE election observation process, the observers focus their reporting on issues such as legal framework, election administration, new voting technologies, campaign environment and finance, and coverage of elections by media. Recommendations are then issued to improve the electoral processes to benefit citizens. “The United States is leading by example, showing that election observation is a way to promote democracy both at home and abroad,” said OSCE Parliamentary Assembly member Michael Georg Link, who served as Special Coordinator and leader of the short-term observer mission. This is the ninth election the OSCE has observed in the U.S. since 2002. The OSCE began its work during the summer of 2020 by conducting a comprehensive review of the electoral process. A Needs Assessment Report was published in July, which recommended observation. Once the core team of the observation mission was deployed, an Interim Report was released in October. Head of OSCE PA election observation mission Kari Henriksen in Ann Arbor, Michigan in October. Photo courtesy of the OSCE PA. The Needs Assessment Report noted “the conduct of these elections will be the most challenging in recent decades” and that “in a highly polarized environment, there is an increased need for external and independent overview of the electoral process, including of the election day proceedings.” ODIHR sent a limited election observation mission (LEOM) to the United States on September 29, which included observing early voting. The core team was comprised of eleven experts from ten participating States, led by Gacek. On election day, 50 observers were deployed by ODIHR, alongside 65 observers that included parliamentarians and support staff from the OSCE PA, to 30 states and the District of Columbia. Michael Georg Link and Andreas Nothelle speak with a poll worker at a polling station in Washington D.C. on Election Day. Photo courtesy of the OSCE PA. Despite the challenges, the OSCE team was confident it produced a thorough, impartial, fact-based assessment. As Link noted, the OSCE’s role is not to draw a “thumbs up, thumbs down” political conclusion or compare results to other countries or even to previous elections in the same country. The mission hopes to foster post-election dialogue about its recommendations, and a final report is expected in January 2021. All OSCE election observation reports are accessible on the OSCE website. Findings Overall Assessment The OSCE’s Preliminary Report concluded that the November 3, 2020 general elections were free and fair, as well as “competitive and well managed despite legal uncertainties and logistical challenges.” It also noted that the pluralistic and diverse media provided comprehensive coverage of the campaign. Freedom of expression was respected, and a wide range of available election-related information enabled voters to make an informed choice. Early and postal voting was significantly expanded, allowing for higher voter participation amid the COVID-19 pandemic. The work of election administration under difficult circumstances “enjoyed general confidence.” The elections were “extensively observed” by both partisan and non-partisan citizen observers, which increased the transparency of the election process. The preliminary report stated, “Election day was orderly and took place in a peaceful atmosphere without unrest or intimidation. Mitigating measures against the pandemic were generally in place and followed.” Any interruptions at polling places due to problems with voting equipment were quickly addressed. Political Polarization The 2020 presidential campaign was characterized by deep political polarization. During the year, controversy arose regarding the conduct of elections amid the COVID-19 pandemic which took hold in February and March. The death of George Floyd in Minneapolis in late May elevated calls for racial justice, leading to peaceful protests as well as confrontation and instances of violence. The OSCE/ODIHR Election Observation Mission 2016 Final Report said that the last presidential campaign was characterized by harsh personal attacks and intolerant rhetoric by one candidate, a trend that continued in 2020. This year’s preliminary findings highlighted the incumbent president’s “discriminative and pejorative statements” and also noted that “the two leading presidential candidates accused each other of corruption, fraud, working for foreign interests, an inability to lead, and support for extremist groups.” Overall, the international election observers concluded that this rhetoric shifted the focus away from policies and party platforms and toward negative campaigning. Legitimacy of Elections The 2020 Interim Report noted that many ODIHR election observers expressed concerns about the “the incumbent President’s repeated allegations of a fraudulent election process and postal vote in particular.” This led to concern over public trust in the process and outcome as well as the potential for political violence in the aftermath of elections. At the November 4 press conference, Link stated that “baseless allegations of systematic deficiencies, notably by the incumbent President, including on election night, harm public trust in democratic institutions.” Link and Gacek both said that the OSCE’s observations will be ongoing as the votes continued to be counted. “Nobody – no politician, no elected official – should limit the people’s right to vote. Coming after such a highly dynamic campaign, making sure that every vote is counted is a fundamental obligation for all branches of government,” said Link. Alternative Voting The preliminary findings indicate “an unprecedented volume of litigation over voting processes in the months before the elections, with over 400 lawsuits filed in 44 states.” The report states that such litigation, focusing on minimizing the COVID-19 health risks of in-person voting, created uncertainty and placed undue burden on voters and election officials. Despite these obstacles, opportunities to vote early were expanded due to the pandemic. The interim report said that even though there was concern over the level of preparedness of election officials with minimal exposure to postal votes, many states allowed absentee ballots to be processed before election day and allowed voters to correct mistakes that may have otherwise led to ballot rejection. According to the preliminary report, “Early voting was conducted in-person in 39 states and the District of Columbia, with voting periods ranging from 45 to 3 days. Long queues were reported in a number of states. All states provided voters with the option to cast a postal ballot…By election day, more than 100 million voters had already cast their votes.” The OSCE observed the processing and handling of postal ballots and reported no indication of systemic problems or issues. Secrecy of the vote is not guaranteed by all states for postal and out-of-country electronic voting, which the report—in line with several previous EOM reports—notes does not align with OSCE commitments. Election Observation On election day, the OSCE observed the election process and visited a limited number of polling stations. According to the preliminary report, “Election day was observed by numerous partisan and non-partisan citizen observers across the country, with rights and responsibilities ranging from observing signature and ballot verification to challenging the eligibility of a voter or of individual ballots.” Gacek lauded the enormous effort made by election workers and citizens working the polls, as well as a record voter turnout amidst pandemic challenges and legal uncertainty. “We were received very favorably -- made to feel very welcomed,” said Gacek. Five states and the District of Columbia permit observation by international observers by law, and eighteen states restrict observation. During the press conference, Link noted that there are a number of states where international election observers are not allowed inside polling premises. The OSCE has noted these restrictions since its 2004 report. Link said that he hoped state laws would be amended to allow for international observer access, as the current restrictions are not in line with OSCE commitments. However, Article 1 of the U.S. Constitution devolves the responsibility to conduct elections to the states. As a part of this power, each state has different laws about election observers. Some do not allow international election observers into polling places. Other states do, but most are silent on the matter, leaving it to the discretion of election officials. Disenfranchisement Disenfranchisement has been an issue raised by OSCE election observation missions since 2008. For example, the OSCE noted that U.S. residents of the District of Columbia and overseas territories do not have voting representation in Congress. Also, an estimated 5.2 million citizens are not permitted to vote due to criminal convictions, even after serving their sentence. The OSCE notes that this restriction disproportionately affects African Americans and violates the principles of universal suffrage. Voter Registration and Identification As stated in previous reports of OSCE election observation missions to the United States, 2020 observers concluded in the “Statement of Preliminary Findings and Conclusions” that voter registration and identification requirements can be unduly restrictive for certain groups of citizens, such as Native Americans and low-income citizens. Identification documents are required in 34 states. Campaign Finance Since 2008, OSCE reports on U.S. elections noted a high level of campaign spending; this year, the mission estimated that campaign expenditures were expected to reach $14 billion. OSCE concerns include campaign finance laws that facilitate a lack of donor transparency and unlimited spending of Super PACs.
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.