Turkish Pressure on NGO Participation in the OSCEMonday, November 27, 2017
In September 2017, Turkey walked out of the annual OSCE Human Dimension Implementation Meeting (HDIM) in Warsaw to protest the registration of an NGO it claimed was a “terrorist” organization due to its alleged connections to Fethullah Gülen. Since then, Turkey has continued to protest the NGO’s participation in OSCE events, and boycotted two subsequent Supplementary Human Dimension Meetings in Vienna: one on the role of free media in the comprehensive approach to security, held from November 2 to November 3, and one on access to justice as a key element of the rule of law, held from November 16 to November 17. Under OSCE rules, the only grounds for excluding an NGO comes from the Helsinki 1992 Summit Document, which prohibits “persons or organizations which resort to the use of violence or publicly condone terrorism or the use of violence.” Turkey has demanded that the rule be renegotiated, and has implied that it might retaliate against the OSCE if the NGO continues to be allowed to attend OSCE events. NGOs are allowed to participate in the upcoming OSCE Ministerial, which will be held in Vienna on December 7 and December 8. It is unclear how Turkey will react should the same NGO register for that event.
Supplementary Human Dimension Meeting: The Role of Free Media in the Comprehensive Approach to SecurityWednesday, November 22, 2017
By Jordan Warlick, Policy Advisor From November 2 to November 3, 2017, Helsinki Commission staff participated in the OSCE Supplementary Human Dimension Meeting on the Role of Free Media in the Comprehensive Approach to Security. Supplementary Human Dimension Meetings are convened a few times per year on specific subjects that are determined to deserve distinct focus by the Chairmanship-in-Office. Like the annual Human Dimension Implementation Meeting, Supplementary Human Dimension Meetings bring participating States and civil society actors together, facilitating dialogue on challenges to human rights issues in the OSCE region. The OSCE Representative on Freedom of the Media, Harlem Désir, identified this topic – the role of free media in the comprehensive approach to security – as one of his four priorities at the Human Dimension Implementation Meeting in September 2017: “My second priority will be to protect media freedom in the new security context….I fully support the efforts of governments to combat terrorism and create safer societies, but let me repeat this simple fact: there are ways to achieve these goals without compromising on our hard-fought fundamental freedoms.” Unfortunately, some governments in the OSCE region consider a free press to be a threat to national security, and worse, persecute or silence journalists in the name of the security. Certain governments and nationalists justify the censorship of journalists by labelling them unpatriotic, even enemies of the state. Since the failed coup attempt Turkey, for example, hundreds of journalists have been arrested and media outlets shuttered on the basis of national security. The mere suspicion that citizens are part of the Gulenist movement – the group that the Turkish government blames for the coup attempt – can result in many years in prison, or even life sentences. Journalists, as well as civil society as a whole, have been particularly targeted by terrorism-related charges. However, despite that freedom of expression and national security are often pitted against each other, the two are not mutually exclusive – in fact, they are complementary. An independent, free, and pluralistic media can play a role in peacebuilding and conflict prevention, countering prejudices or misperceptions, and preventing extremism and radicalization. Still, in a world where terrorists spread radical ideas, prejudiced organizations perpetuate intolerance, and government-sponsored bots disseminate misinformation, the tension between freedom of expression and national security seems greater than ever. The conference featured three sessions: the first, on free media as a basis for European security; the second, on the role of the media in peacebuilding and conflict prevention; and the third, on the role of media in counteracting disinformation, “hate speech” and radicalization. Panelists and participants present discussed the tension between freedom of expression and security interests, the pressures independent media faces from this tension, and best practices for governments to uphold free media and expression commitments in this context. The OSCE takes a comprehensive approach to security, subscribing to the idea that political-military security, human rights, and economic governance are mutually reinforcing ideals. It is important to encourage dialogue on best practices to ensure that participating States remain true to the ideals that the OSCE was founded upon, despite sometimes challenging circumstances.
Senior OSCE Monitor to Discuss Conflict in Eastern Ukraine at Upcoming Helsinki Commission BriefingMonday, November 20, 2017
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: UKRAINE: REPORT FROM THE FRONT LINES Thursday, November 30, 2017 2:00PM Senate Visitors Center (SVC) Room 215 Live Webcast: www.facebook.com/HelsinkiCommission For more than three years, civilians in eastern Ukraine have suffered the effects of a needless conflict manufactured and managed by Russia; an estimated 10,000 people have been killed and more than 23,500 injured. The humanitarian situation continues to deteriorate amidst almost daily ceasefire violations and threats to critical infrastructure. Joseph Stone, an American paramedic, was killed on April 23, 2017 while monitoring the conflict as an unarmed, civilian member of the Organization for Security and Cooperation in Europe (OSCE) Special Monitoring Mission (SMM) to Ukraine. SMM reports remain the only source of verifiable, public information on this ongoing conflict and the grave, daily impact it has on the local civilian population. Mission personnel face regular and sometimes violent harassment by combined Russian-separatist forces seeking to limit the SMM’s access to the areas they control. At this U.S. Helsinki Commission briefing, Alexander Hug, Principal Deputy Chief Monitor of the OSCE Special Monitoring Mission to Ukraine, will detail the humanitarian consequences of the ongoing conflict in Eastern Ukraine; provide an overview of the role of OSCE monitors and the threats they face in carrying out their duties; and offer thoughts on prospects going forward. Alexander Hug has served in several roles at the OSCE, including as a Section Head and a Senior Adviser to the OSCE High Commissioner on National Minorities as well as at the OSCE Mission in Kosovo. His career in conflict resolution includes work with the Swiss Headquarters Support Unit for the OSCE in northern Bosnia and Herzegovina, the Temporary International Presence in Hebron, and the EU Rule of Law Mission in Kosovo.
Belarus: 25 Years after Signing the Helsinki Final ActMonday, November 06, 2017
In July 2017, Belarus hosted the OSCE Parliamentary Assembly (PA) Annual Session. However, two decades ago, the OSCE PA refused to even recognize the legitimacy of Belarus’ putative elected representatives. What has changed? Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law, Scott Rauland, Senior State Department Advisor, and Michael Newton, Intern
OSCE Parliamentary Delegation to Rabat Examines Morocco’s Strategy to Counter Violent ExtremismMonday, November 06, 2017
From October 19 to October 20, 2017, Helsinki Commission staff participated in a visit to Rabat, Morocco organized by Morocco’s upper house of Parliament—the House of Counselors—and the OSCE Parliamentary Assembly (PA) to discuss the so-called “Moroccan Approach” to countering violent extremism. In a series of meetings with legislative and government leaders and a special seminar hosted by the House of Councilors, the OSCE PA delegation learned about the role that Morocco’s constitutional monarchy, religious institutions, democratic reforms, and comprehensive migration strategy play in combatting the attraction and recruitment of youth by terrorist organizations. The delegation was led by OSCE PA Vice President Marietta Tidei (Italy) and featured the participation of MP Stephane Crusniere (Belgium), Vice-Chair of the OSCE PA Ad Hoc Committee on Countering Terrorism, and Senator Pascal Allizard (France), OSCE PA Special Representative on Mediterranean Affairs, among others. Parliamentarians and staffers from the legislatures of the participating States of the OSCE exchanged views with the President of the House of Counselors Hakim Benchamach, President of the House of Representatives Lahbib El-Malki, Minister Delegate to the Minister of Interior Nouredine Boutaib, Catholic Archbishop of Rabat Msgr. Vincent Landel, and Director of the Mohammed VI Institute for the Training of Imams Abdessalam Lazaar. These meetings and the attendant seminar underscored the centrality of Morocco’s constitutional monarchy to ordering religious belief and practice in the country. Morocco’s monarch, Muhammad VI, is a direct descendant of the Prophet Muhammad and possesses the title “Commander of the Faithful.” This title confers on him preeminent religious authority in the country and the responsibility to preside over the issuance of all religiously binding judgments, or fatwas. In his lecture during the conference, Professor Ahmed Abbadi, secretary general of the leading organization for Muslim scholars in Morocco, highlighted the Moroccan King’s religious authority as an antidote to the “cacophony of fatwas” he said afflicted much of the Islamic world beginning in the 20th century. Professor Abbadi described how the advent of cable television, the internet, and social media facilitated the proliferation of these religious judgments from religious scholars of all ideological persuasions and levels of education. Additionally, several authorities attributed Morocco’s success in countering violent extremism to the work of a network of ministries, religious organizations, and institutes that propagate the moderate interpretation of Islam championed by the King. Mr. Boutaib, Minister Delegate to the Minister of Interior, was among several officials who highlighted the focus in Moroccan religious institutions on promoting maqasid in scriptural explication, an approach that emphasizes the spiritual, moral, ethical, and social goals of religious belief and practice above literalist interpretation and formalistic piety. The delegation visited the Muhammad VI Institute for the Training of Imams where hundreds of imams and male and female religious guides—murshidin and murshidat—from across Morocco and Western and sub-Saharan Africa are brought on full-scholarship to deepen their understanding of this interpretation of the Islamic faith. Moroccan interlocutors also praised the King’s initiative to undertake significant democratic reforms during the Arab Spring as key to promoting social development and countering the attractiveness of extremist ideologies. “While other countries delayed reforms because of security concerns, Morocco persevered,” said House of Counselors President Benchamach. Among the most significant constitutional changes approved by referendum in 2011, the King is now required to name a prime minister from the largest party in parliament and the prime minister enjoys greater authority in running the government. The president of the lower house, Lahbib El-Malki told the OSCE PA delegation, “No security is possible without democracy and no cooperation is possible without security,” emphasizing the centrality of democracy to achieving these other strategic aims. As part of its effort to mitigate risk factors for radicalization, Morocco has focused on economic development domestically and in surrounding countries. These development efforts feature as part of the country’s self-described “comprehensive migration strategy” that directs development assistance to countries of origin, provides services and ensures the rights of migrants who take up residence in Morocco, and works to prevent irregular onward migration. Minister Delegate Boutaib and others touted Morocco’s “regularization” campaign in 2014 that allowed approximately 25,000 migrants to become legal residence of Morocco and to access services, education, housing, and the labor market. A second wave of this campaign began earlier this year and is ongoing. Despite overall confidence in the strength and sustainability of this multi-faceted approach to countering violent extremism, Moroccan officials expressed concern about continued challenges. In particular, several interlocutors described the danger posed by ungoverned expanses in the Sahel made worse by the ongoing conflict in Libya. They further cautioned that the territorial rout of ISIS in Syria and Iraq would likely only usher in new and more complex manifestations of the global jihadist threat. House of Representatives President El-Malki also warned of broader cultural and social trends that must be addressed in order to mitigate the attractiveness of extremist ideologies. He observed that modernity had succeeded in achieving great economic and technological advancements but left a more complicated legacy on the cultural and social level. El-Malki cited contemporary crises of identity and meaning that are playing out in many societies. Specifically, he counseled that the world cannot adopt a single culture; instead, he contended that “a plurality of cultures is a factor in stability.” By hosting the OSCE PA delegation, the Kingdom of Morocco took an important step in advancing communication between the participating States of the OSCE and the six North African and Middle Eastern countries that comprise the Mediterranean Partners for Cooperation. While there are several opportunities every year for intergovernmental and inter-parliamentary exchanges with the Mediterranean Partners, this event provided a unique opportunity to examine at length the best practices and experience of one of the Partner States. In addition, the inter-parliamentary nature of the exchange suggests a promising avenue for further engagement. While many initiatives relating to the Mediterranean Partners have been stalled by a lack of consensus among OSCE participating States, the OSCE PA is not subject to the same consensus rule, placing it in a promising position to deepen communication and cooperation across the Mediterranean in the years to come.
The Western Balkans: Perspectives from OSCE Field MissionsWednesday, November 01, 2017
Since the outbreak of the conflicts associated with Yugoslavia’s break-up in the early 1990s, the Organization for Security and Cooperation in Europe (OSCE) and its field missions have been a central part of the international community’s response. Early OSCE efforts to counter the spillover effects of those conflicts were followed by ongoing assistance in post-conflict recovery and reconciliation. Today, OSCE field missions continue to exist in virtually every country of the region. They encourage the reform and cooperation essential to the long-term stability of the region through activities that broadly support democratic institutions and governance, particularly to strengthen rule of law; programs to promote integration of minority communities, especially Roma, and to counter violent extremism, and more; and regular reporting to the OSCE Secretariat and participating States. On November 1, 2017 the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) held a public briefing on OSCE field missions in the Western Balkans. Jeff Goldstein, the current Deputy Head of the OSCE Mission to Skopje, began by noting positive developments in Macedonia, including increased political participation in recent elections, and efforts by some parties to reach across ethnic lines. The increase in voter turnout, he said, “speaks to the fact that the citizens of the country both cared about politics and had faith that the democratic process could actually bring positive change to their lives.” He also highlighted the OSCE’s efforts to encourage the peaceful resolution of last winter’s political crisis, and discussed the Mission’s current focus on reforms in areas including the rule of law, freedom of the media, increasing the role of parliament, and further implementation of the Ohrid Framework Agreement. Ambassador Jonathan Moore, former Head of the OSCE Mission to Bosnia and Herzegovina, described the Mission’s in engagement with issues of education, rule of law, and countering violent extremism at a local level, and its policy of maintaining “credibility with everyone, presence everywhere, access to everyone, engagement with everyone.” To illustrate the success of the Mission’s local engagement, he discussed its work with a grassroots student movement to oppose the reintroduction of ethnically segregated schools in the town of Jajce. Amb. Moore was clear that the role of the Mission is to assist such organic developments and that, “the ultimate credit goes, of course, to the students themselves, who showed incredible tolerance, maturity, and commitment to a common future.” Michael Uyehara, former Deputy Head of the OSCE Mission to Serbia, highlighted the Mission’s “Follow Us” initiative, a program that brings together young women and female parliamentarians from Belgrade and Pristina in dialogue about their common issues. The initiative also commissioned a documentary about their conversation, which has been screened several times for audiences in Serbia and Kosovo. He also remarked on the enthusiasm of the local staff, who “believe in the OSCE Mission’s work and are deeply committed to the Mission’s objective of helping Serbia to advance politically and to overcome the legacy of the past.” Ambassador Marcel Peško, the current Director of the Conflict Prevention Centre in the OSCE Secretariat, discussed the OSCE’s capacity building efforts in the Balkans. Noting the difficult geopolitical environment in which OSCE activity takes place, he stressed the need to work with host governments to assist their reform agendas, and “to strengthen the resilience of government structures and the civil society to be able to address and cope with the challenges that are there in front of them.”
Countering RadicalizationThursday, October 26, 2017
On October 26, 2017 the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) hosted a briefing entitled Countering Radicalization; International Best Practices and the Role of the OSCE. The panel featured the Washington presentation of a groundbreaking OSCE report by Professor Peter Neumann, Special Representative of the OSCE Chairperson-in-Office on Countering Radicalisation and Violent Extremism. At the briefing, Neumann provided an overview of the findings and recommendations made in his report, titled “Countering Violent Extremism and Radicalisation that Leads to Terrorism: Ideas, Recommendation, and Good Practices from the OSCE Region.” Neumann offered two main recommendations: first, he proposed bolstering the OSCE’s role as a hub for best practices in counter-radicalization, and in particular the role of the Action Against Terrorism Unit in this area. Second, he called for a strengthening of the OSCE field operations, whose on-the-ground presence and continuity made them especially effective actors, in particular in the critical regions of the Balkans and Central Asia. He underlined that while the OSCE will never be the sole actor in counter-terrorism efforts, despite the different approaches of its participating States, it can make a valuable contribution as one of many tools towards addressing the problem of radicalization. Two leading practitioners and analysts of U.S. counter-radicalization efforts also offered their views on Neumann’s report. First, Seamus Hughes, Deputy Director of Program on Extremism at George Washington University, commended the report’s methodology. Hughes offered a number of points for consideration, including that in Europe, the great majority of attacks are committed by citizens, rather than migrants; that “securitizing” relationships with minority communities was counterproductive; and that countering violent extremism programs were broadly underfunded. Matthew Levitt, Director of the Washington Institute’s Stein Program on Counterterrorism and Intelligence, called for a public-health model for treating the radicalization challenge at a community level, further suggesting that the Trump administration may well be moving away from such an approach and towards a rubric of “terrorism prevention,” which runs the risk of putting the problem entirely in the hands of the law enforcement and intelligence communities and neglecting a whole-of-government preventive approach that would address challenges before they manifest as violent acts. The briefing was moderated by Alex Tiersky of the U.S. Helsinki Commission.
OSCE Parliamentary Assembly Meets in AndorraWednesday, October 25, 2017
By Bob Hand, Policy Advisor The Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE PA) held its 16th annual Autumn Meeting in Andorra la Vella (the capital of the principality of Andorra) from October 3 to October 5, 2017. During the meeting, approximately 180 parliamentarians from among the 57 OSCE participating States – including Austrian parliamentarian and Assembly President Christine Muttonen – focused on “new challenges” and “new tasks” in regional security in formal sessions, on migration and counterterrorism in separate committee sessions, and on disability rights and human rights in occupied regions of Georgia in two separate side events. Other sessions at the event reviewed Assembly work since the July Annual Session in Minsk, Belarus, and discussed the possibilities for reforming the Assembly to make it a more effective OSCE institution. The Assembly’s Autumn Meetings are geared toward dialogue, and permit the parliamentarians to gather at least once between the early July Annual Sessions and the late February Winter Meetings. Although ongoing work in Washington prevented Members of Congress from participating in the Assembly meeting, the United States was represented by Helsinki Commission staff. Sessions Devoted to Various Aspects of Security Andorra’s Prime Minister and parliament speaker both welcomed members of the OSCE PA, while other host country officials made presentations in the formal sessions. OSCE officials also contributed to the discussions, including the Office for Democratic Institutions and Human Rights (ODIHR) Director Ingibjorg Gisladottir of Iceland; the Secretariat’s Coordinator of Activities to Address Transnational Threats Rasa Ostrauskaite of Lithuania; and its Deputy Coordinator of Economic and Environmental Activities Ralf Ernst of Germany. OSCE Parliamentary Assembly Secretary General Roberto Montella of Italy reported on the Secretariat’s activity in recent months, while German parliamentarian and OSCE PA Treasurer Doris Barnett reported on the Assembly’s financial situation. In the formal sessions, a discussion of Mediterranean affairs focused on current issues including cooperation to counter terrorist threats and respond to migration challenges. New risks to security that come with the technologies of the cyber age, and the development of common responses to those risks, dominated the next formal session, with parliamentarians sharing country experiences. Regarding the climate change debate, there was nearly universal support for adherence to the Paris Agreement and the development of renewable energy sources, with most speakers emphasizing the dangerous implications of policies which maintain the status quo. Discussion of education issues highlighted the contribution that knowledge and experience can make in promoting tolerance, countering extremism and reconciling societies divided by recent conflict among today’s youth. Work on the Sidelines Ad Hoc Committees formed under the auspices of the OSCE PA also met to develop plans for further activity. The committee dealing with migration, led by Swiss parliamentarian Filippo Lombardi, finalized a report that was then presented to the governments of the participating States on October 10. The report counters arguments that migration is solely a burden and stresses the need for all countries to share responsibility for large migration and refugee flows. The report also stresses that responses to migration must include actions to address its root causes, particularly in the case of forced displacement of large numbers of people. This very active committee also discussed a proposed calendar of future activities, including visits to key countries in the hope of gathering information that might provide useful to others. The committee focusing on efforts to counter terrorism, led by Greek parliamentarian Makis Voridis, held its inaugural meeting in Andorra; it was created by the OSCE PA in July 2017. Participants offered their thoughts on what the Assembly and parliamentarians can contribute to the international response to terrorism, which included an emphasis on countering radicalization and violent extremism as well as sharing experiences and harmonizing legislation to make it more effective. New members were added to committee ranks, and a plan for future activity, starting with a visit to OSCE headquarters in Vienna, was developed. In addition to these meetings, a subcommittee that focuses on the Assembly’s rules of procedure and reform of its practices met under the leadership of the United Kingdom’s Lord Peter Bowness. After adopting two packages changing procedures since 2013, the subcommittee remained open to further changes but concluded, based on a paper prepared by Lord Bowness, that broader and more radical reforms were needed to make the Parliamentary Assembly more relevant and effective. Some ideas were discussed, but the discussion is likely to be ongoing and will need to be widened to garner the support for changes to current practices. The delegation of Finland hosted a side event on persons with disabilities and focused on encouraging parliamentary participation, featuring a young Serbian parliamentarian who is confined to a wheelchair. The delegation of Georgia hosted a second side event, which discussed the human rights challenges associated with Russia’s occupation of the country’s Abkhazia and South Ossetia (Tskhinvali) regions. Both events were well attended and welcomed for providing even more focused and less constrained discussion than the formal sessions of the meeting. Developments in Neighboring Catalonia The Autumn Meeting took place in the aftermath of the October 1 referendum on independence organized in the Spanish autonomous community of Catalonia. Most OSCE PA participants traveled to Andorra from Barcelona, the Catalonian capital, bringing their direct attention both to the referendum itself and to the actions of law enforcement dispatched by Madrid in an effort to block it. The referendum raised two separate issues that were discussed by the parliamentarians in Andorra. The first was the legitimacy of the effort in the context of the right to self-determination, and the second was the right to freely associate and express one’s views, regardless of whether the result would be recognized officially in any fashion. Madrid’s response was clear; the referendum had been declared illegal in a court ruling and had no status. Still, the degree of force used by police was considered by several speakers at the OSCE PA meeting to be not just excessive but a violation of the basic human rights of participating citizens. On October 4, 2017, OSCE PA President Muttonen spoke publicly from Andorra on the Catalonian events, urging “constructive dialogue and respect for the rule of law by all in Spain” and that “all the authorities to use due restraint and proportionality when enforcing the law.” Future OSCE PA Activity While its leadership will convene for a day-long session in Vienna on the eve of the annual meeting of the OSCE Ministerial Council, the next OSCE PA meeting open to all 323 parliamentarians will be the Winter Meeting on February 22 and 23, 2018, also in Vienna. Next year’s Annual Session is slated for Berlin from July 7 to 11, and the next Autumn Meeting will be held in Bishkek, Kyrgyzstan (dates to be determined). In between the meetings, parliamentarians hope to observe upcoming elections under OSCE PA auspices, and participate in other gatherings, including OSCE events, as part of the ongoing effort to strengthen security and cooperation in the OSCE region.
Helsinki Commission Announces Briefing on OSCE Field Missions in the Western BalkansWednesday, October 25, 2017
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “THE WESTERN BALKANS: PERSPECTIVES FROM OSCE FIELD MISSIONS” Wednesday, November 1, 2017 10:00 AM Senate Visitors Center Room 202 Live Webcast: www.facebook.com/HelsinkiCommission Since the outbreak of the conflicts associated with Yugoslavia’s break-up in the early 1990s, the Organization for Security and Cooperation in Europe (OSCE) and its field missions have been a central part of the international community’s response. Early OSCE efforts to counter the spillover effects of those conflicts were followed by ongoing assistance in post-conflict recovery and reconciliation. Today, OSCE field missions continue to exist in virtually every country of the region. They encourage the reform and cooperation essential to the long-term stability of the region through activities that broadly support democratic institutions and governance, particularly to strengthen rule of law; programs to promote integration of minority communities, especially Roma, and to counter violent extremism, and more; and regular reporting to the OSCE Secretariat and participating States. The briefing features three Americans who currently hold, or have recently held, senior positions on the OSCE Missions deployed in Bosnia and Herzegovina, Macedonia, and Serbia, reflecting the importance which the United States attaches to having an OSCE presence in countries of concern. Panelists will comment on developments in those countries during their assignment, the efforts undertaken by their respective missions to assist those countries, and the effectiveness of the OSCE as a multilateral tool for enhancing stability and promoting reform. An OSCE official will also participate on the panel to comment on the organization’s field work from the Secretariat perspective, and the challenges not only to OSCE field activity in the Western Balkans but throughout the OSCE region. The following experts are scheduled to participate: Ambassador Jonathan Moore, former Head of the OSCE Mission to Bosnia and Herzegovina (2014-2017) Mr. Jeff Goldstein, Deputy Head of the OSCE Mission to Skopje (2016-present) Mr. Michael Uyehara, former Deputy Head of the OSCE Mission to Serbia (2014-2017) Ambassador Marcel Peško, Director of the Conflict Prevention Centre, OSCE Secretariat (2015 – present)
ODIHR Hosts Human Dimension Seminar on Children in Situations of RiskWednesday, October 18, 2017
By Allison Hollabaugh, Counsel As part of its broad mandate to combat trafficking in human beings, the OSCE Office on Democratic Institutions and Human Rights (ODIHR) brought together 100 representatives of participating States, international organizations, and civil society to discuss “Rights of the Child: Children in Situations of Risk” at the annual OSCE Human Dimension Seminar in Warsaw, Poland, on October 11-12, 2017. Opened by Ambassador Christian Strohal, Special Representative for the OSCE 2017 Austrian Chairmanship; Jacek Czaputowicz, Undersecretary of State, Ministry of Foreign Affairs, Poland; and Ingibjörg Sólrún Gísladóttir, Director of ODIHR/OSCE, the seminar examined threats to children from incarceration and from human trafficking, as well as solutions. Deprivation of Liberty Speakers addressed common myths surrounding the incarceration or detention of children using the totality of research on actual impact, and suggested means of mitigating harm. Panelists agreed that detention should be the option of last resort and be for the least amount of time possible in order to avoid the well-documented negative effects on children. Drawing on research, Ms. Michaela Bauer, the UNICEF Regional Partnership Manager, highlighted that detention does not in fact benefit the child but causes educational deficits, low social skills, and disrupted family ties—setting the child up for future failures and insecurity. Ms. Bauer explained that deprivation of liberty is too often based on incorrect determinations that a child is a threat to themselves or to society. She cautioned that detention is often 80 percent more expensive than alternate means, such as custodial family care. She also addressed the myth that detention keeps the child from absconding, explaining that it is the fear of detention that makes children abscond. Mr. Azamat Shambilov, Regional Director of Penal Reform International’s office in Central Asia, underscored that detention creates isolation, marginalization, and life-long stigmatization of children. For instance, an educational diploma from a prison will haunt the child for life. In addition, a child isolated in an institution from the love and support of family may suffer feelings of rejection. Such children emerge from detention and seek out other children who have similarly suffered, and thus often find themselves in trouble again. Mr. Shambilov suggested seeing the children as victims in need of care rather than criminals to be punished as, very often, the children who commit crimes have themselves been victims of crime. Ms. Roza Akylbekova, Deputy Director, Kazakhstan International Bureau of Human Rights and Rule of Law, highlighted the importance of keeping the child connected to family. If a child must be institutionalized, it is critical to ensure that the institution is close to family who can visit the child. A better alternative would be non-custodial sentences for crimes committed by children—in which case the child would live at home with his or her family for the duration of the sentence. Human Trafficking of Children At the conference, Commission on Security and Cooperation in Europe staff, accompanied by Italian trafficking survivor and activist Cheyenne de Vecchis and Dr. Maia Rusakova, Co-founder and Director of the Regional Non-Governmental Organization of Social Projects in the Sphere of Populations’ Well-being in Russia, presented practical steps to limit the risks of internet misuse for the trafficking of children. Citing a growing body of research in the OSCE region on the links between children’s unrestricted access to pornography on the Internet and experience or perpetration of sexual exploitation, Commission staff encouraged participating States to consider working with the private sector to institute age verification technology for all access to online pornography, such as the system currently being implemented in the UK. Turning to the issue of children advertised online for sexual exploitation, Commission staff shared new technology developed by the U.S. non-governmental organization, THORN. This technology saves law enforcement thousands of hours by intelligently filtering the thousands of new photos, phone numbers, emojis, gibberish, and acronyms on adult-services classified-ad websites each day—collating for law enforcement attention the advertisements that have indicators of human trafficking. The Spotlight tool connects overlapping information for law enforcement, showing officers other cities in which a victim has been previously advertised and other information that can help officers investigate. The Spotlight tool also provides a way for law enforcement in other jurisdictions to mark whether they are working on the leads, and who to contact for collaboration—innovations saving thousands of hours of work, dead ends, and duplicated efforts. In just the last three years, more than 6,300 trafficking victims have been identified in the United States with the Spotlight tool—nearly 2,000 of whom were children. More than 2,000 traffickers were also identified. While primarily developed in and for North America, the Spotlight tool could be easily adapted for other OSCE participating States. ODIHR’s Anti-Trafficking Mandate ODIHR enjoys a robust mandate embodied in multiple ministerial decisions and the 2003 OSCE Action Plan to Combat Trafficking in Human Beings (as well as its Addendum in 2013) to combat human trafficking in the OSCE region, and has a full-time staff person specifically to carry out ODIHR’s anti-trafficking mandate. For instance, ODIHR is tasked by the 2003 Action Plan with promoting the cooperation of law enforcement and civil society to combat human trafficking. The 2003 Action Plan also calls on ODIHR to work with the OSCE Strategic Police Matters Unit (SPMU) on anti-trafficking training materials for law enforcement. In addition, ODIHR has a mandate to offer legislative input to participating States, including on the development of National Anti-Trafficking Plans of Action. While the 2014 regular budget shortfalls saw the loss of three members of ODIHR’s anti-trafficking staff, one full-time position was restored in 2015. ODIHR is now fully re-engaged on executing its mandate in the region, in coordination with the OSCE Special Representative and Coordinator for Combatting Trafficking in Human Beings. ODIHR is currently updating the National Referral Mechanism Handbook, which it originally created in 2004 to guide participating States on the development of coordination frameworks for state agencies and best practices to, along with civil society partners, ensure proper care of trafficking victims. In 2017, ODIHR staff members have visited Croatia, Georgia, the UK, and Poland to identify gaps and best practices for national referral mechanisms. In addition, ODIHR is working in Central Asia and Mongolia to increase identification of trafficking victims and streamline aid to victims, as well as to strengthen coordination between state actors and civil society. Finally, ODIHR is working with the Strategic Policy Matters Unit in the Mediterranean region to offer participating States technical assistance for combatting human trafficking in mixed migration flows.
Averting All-Out War in Nagorno-KarabakhWednesday, October 18, 2017
Last year, the worst outbreak of violence over Nagorno-Karabakh in more than two decades erupted as the so-called Four Day War in April 2016 claimed approximately 200 lives and demonstrated that the conflict is anything but “frozen.” The Line of Contact separating the parties sees numerous ceasefire violations annually and each one risks igniting a larger-scale conflict that could draw in major regional players, such as Russia, Turkey, and Iran. Since 1997, the United States, France, and Russia have co-chaired the Minsk Group of the Organization for Security and Cooperation in Europe (OSCE), the principal international mechanism aimed at reaching a negotiated solution to the conflict. The U.S. Helsinki Commission hosted two former United States Co-Chairs of the Minsk Group process as well as a renowned, independent expert on the conflict to assess the current state of the dispute over Nagorno-Karabakh, the Minsk Group format, and the prospects for achieving a lasting peace. Magdalena Grono, an expert from the International Crisis Group, underlined the serious potential for further flare-ups in the fighting, which could have severe humanitarian impacts and draw in regional powers. She contextualized the recent clashes and assessed that the conflict was among the most deadly, intractable and risky in Europe. According to her assessment, the conflict is beset by two worrisome trends: deteriorating confidence between the parties and in the settlement process itself as well as increasingly dangerous clashes due in part to the deployment of heavier weaponry. Ambassador Carey Cavanaugh discussed the role of the Minsk Group in the settlement process while voicing his concern that positions have hardened on all sides. Growing tensions have created risks not only of intentional but also accidental conflict, he said. The Ambassador outlined the limits of the Minsk Group’s mandate, underscoring that it is charged with helping the sides find a solution rather than imposing one from the outside. He lamented that the recent meeting between the Armenian and Azerbaijani presidents apparently failed to achieve agreement on certain confidence and security building measures (CSBMs). In order to stem further escalation, he noted the importance of implementing CSBMs and establishing a direct communication channel between the Armenian and Azerbaijani sides. He concluded by calling on the leadership of Armenia and Azerbaijan to demonstrate the political will to work toward a resolution, for instance by preparing their populations for the compromises that will inevitably be required to achieve peace. Ambassador James Warlick asserted that while this was a time of significant danger, peace remains within reach. He urged the Armenian and Azerbaijani presidents to engage together on principles that they know can lead to peace, saying that meetings without progress undermine confidence in negotiation efforts. Citing past negotiations, Ambassador Warlick laid out six elements that will have to be part of any settlement if it is to endure. The Ambassador concluded by underlining that it is up to the governments of Armenia and Azerbaijan to take the first step toward peace by considering measures, even unilateral ones, that will demonstrate their stated commitment to making progress, reducing tensions, and improving the atmosphere for negotiations.
Witness to ZAPADMonday, October 02, 2017
For months, watchers of European security have focused unprecedented attention on one, singular scheduled event: ZAPAD 2017, a Joint Strategic Military Exercise conducted by Russia and Belarus from September 14 to September 20, 2017. The author, the political-military affairs advisor for the U.S. Helsinki Commission staff, attended the final phase of the exercise as a Distinguished Visitor at the invitation of the Government of Belarus. ZAPAD 2017, the most anticipated—and, in some quarters, feared—military exercise in recent memory concluded on September 20. The extensive maneuvers by Belarusian and Russian forces took place at a number of training ranges in Belarus and on nearby Russian territory and featured a broad range of military capabilities. The planned exercise was in some ways routine; it followed a well-known Russian schedule of readiness-enhancing exercises that rotates among Russia’s military districts on a quadrennial basis (“ZAPAD,” or “West,” takes place in the Western Military District). However, unlike previous exercises, ZAPAD 2017 took place in a strategic context now defined by Russian aggression in Ukraine and Georgia—incursions that were, according to western analysts, facilitated by Russian exercise activity. The Russian leadership's track record of aggression, dismissiveness towards transparency, and geopolitical unpredictability understandably put its neighbors to the west on edge. These countries have seen prior Russian exercises serve as cover for force build-ups that enabled, for instance, the illegal attempted annexation of Crimea. Leading officials ranging from Baltic defense ministers, to the Ukrainian President, to the Secretary General of NATO raised concerns about what ZAPAD 2017 might mean for the security of Belarus' neighbors, both before the exercise and during its execution. Download the full report to learn more. Contributors: Alex Tiersky, Senior Policy Advisor
Building Cyber Confidence between AdversariesThursday, September 28, 2017
State-based cyber threats are an increasingly dominant part of the global security landscape. The Organization for Security and Cooperation in Europe (OSCE) has, in recent years, sought to play a leading role in the international system by developing confidence building measures between states to reduce the risks of cyber conflict. The cyber diplomacy at the OSCE features discussions and (voluntary) agreements among 57 participating States – including the United States and, crucially, Russia. Advocates of this approach suggest that, in the longer term, it could lead to the development of norms of state behavior in cyberspace – and thus contribute to greater stability and security in the international system. On September 28, 2017, the U.S. Helsinki Commission held a briefing on cyber diplomacy moderated by Global Security and Political-Military Affairs Advisor Alex Tiersky. The panelists—Tim Maurer, co-director of the Cyber Policy Initiative and a fellow at the Carnegie Endowment for International Peace; Jaisha Wray, Acting Deputy Director of the Office of Emerging Security Challenges in the Bureau of Arms Control, Verification and Compliance at the U.S. Department of State; and Alex Crowther, Senior Research Fellow and Director of Research at the National Defense University’s Center for Technology and National Security Policy—discussed how OSCE confidence-building measures (CBMs) might work to decrease the risk of cyber conflict. These CBMs are voluntary in nature and allow states to read one-another’s postures in cyberspace. Mr. Maurer provided the audience an overview of the state-based threats these measures seek to diminish and listed several historical examples, such as the 2007 Distributed Denial of Service (DDoS) attack on Estonia, the offensive cyber activity of the 2008 Russian invasion of Georgia, and the Stuxnet operation. He noted that, in the last decade, there has been a significant uptick in these threats, as there are 30 states that either have or are developing offensive cyber capabilities. Additionally, he applauded the groundwork the United Nations has laid towards addressing this pressing concern. Ms. Wray communicated the U.S. priority of establishing norms of responsible state behavior in cyberspace. In her view, cyber activity has a unique potential to destabilize, because of its few outside observables and distributed vulnerability. She noted that participating States of the OSCE are currently in the process of implementing the CBMs agreed upon last year. Dr. Crowther offered a national security perspective on the topic, emphasizing the importance Russian participation in confidence-building. He attributed much of the progress on this issue to the 2015 decision of the Group of Governmental Experts that existing international law applies to cyberspace. In closing, he warned of the danger that cyber-enabled operations in a world saturated with smart devices.
OSCE Debates Environmental Policy and Economic Development in PragueWednesday, September 27, 2017
By Paul Massaro, Policy Advisor From September 6 to September 8, 2017, the OSCE convened the 25th Concluding Meeting of the Economic and Environmental Forum. This annual conference brings together participating States for a wide-ranging discussion on policy as relates to the Second Dimension of the OSCE, or economic and environmental issues. The theme of the 2017 conference was “Greening the Economy and Building Partnerships for Security in the OSCE Region,” a topic selected by Austria, the current OSCE Chair-in-Office. At a time when natural disasters like Hurricanes Harvey, Irma, and Maria are devastating U.S. communities, such a discussion could not be more relevant. Add to that the joblessness and low growth rates that continue to plague many parts of the region and you have a broad debate on the issues that most impact the everyday life of citizens of the OSCE region. The Forum took the form of a series of thematic panels featuring experts drawn from the UN, the NGO community, and academia, as well as from the relevant ministries of OSCE participating States. Forum participants were particularly concerned with the effect that climate change is having on the frequency and magnitude of natural disasters, as illustrated by the extreme weather in the Caribbean and the United States. Much of the conference was devoted to discussing energy efficiency measures and renewable energy as a means to counteract the effects of burning fossil fuels on the environment. Experts agreed that energy efficiency and renewable energy are not separable concepts: the latter must be pursued to achieve the former. Participants were also deeply concerned about youth unemployment, especially in relation to violent extremism. Many participating States struggle with unemployment or underemployment, which exacerbates the factors that lead youth to radicalize. Experts discussed countering violent extremism through more flexible labor market policies as well as addressing the exploitation of unemployment or underemployment by extremist recruiters. Connectivity—transport, trade facilitation, and economic cooperation—was also discussed extensively. (Connectivity is distinct from economic integration, which envisions a deeper level of policy harmonization.) Experts and representatives from participating States generally agreed that two regions in particular could profit mightily from expanded connectivity: Southeastern Europe, or the Balkans region, where important steps toward greater connectivity are being made, and Central Asia, which remains among the regions with the lowest interregional trade in the world. The economic and environmental situation in the Eastern Donbas was also an important part of the discussion. Experts expressed severe concern that the shelling in the industrial region could lead to ecological disaster should, for example, the chemical plants that dot the area be hit and their chemicals seep into drinking water. Participants also discussed how to reestablish connectivity in this region, which once was a cohesive economic sphere. However, representatives from participating States argued that any discussion of regional connectivity would be for naught until Russia ceases its backing of militants in the region and enables a ceasefire to take effect. Generally speaking, the mood of the conference was one of consensus. Despite disagreements on certain issues, participating States tend to be of one mind when it comes to the need to prevent and prepare for natural disasters, increase energy efficiency, and encourage job and business creation, all topics that made up the majority of the discussions at the 25th Concluding Meeting of the Economic and Environmental Forum. Although minor disagreements cropped up in all of these topics, they were ephemeral and did not lead to prolonged debate. This general consensus may be a result of the fact that the arguably most controversial aspect of the OSCE’s Second Dimension, anti-corruption, was absent from all discussions. This is because this topic was addressed at the 2nd Preparatory Meeting of the 25th OSCE Economic & Environmental Forum in Astana and likely also because it was not a critical aspect of the theme of the Chair-in-Office. Nonetheless, at least a single panel on the topic would have been a welcome addition given its central importance to good governance. All in all, the Forum was a smooth and useful exercise that provided participating States with many worthwhile insights. Paul Massaro attended the conference as a representative of the U.S. Helsinki Commission.
The Parliamentary Dimension of the Human DimensionFriday, September 22, 2017
From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. The Office for Democratic Institutions and Human Rights (ODIHR) organizes the annual Organization for Security and Cooperation in Europe (OSCE) Human Dimension Implementation Meeting (HDIM), and is known for its standard-setting work in election observation as well as programs that help countries improve their implementation of OSCE commitments in the Human Dimension. Other OSCE institutions—including the OSCE Parliamentary Assembly—also have a role to play in the Human Dimension and may participate in the HDIM debates. Download the full report to learn more. Contributor: Robert Hand, Senior Policy Advisor
Helsinki Commission to Hold Briefing on Cyber DiplomacyWednesday, September 20, 2017
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “BUILDING CYBER CONFIDENCE BETWEEN ADVERSARIES: CAN THE OSCE HELP ESTABLISH RULES OF THE ROAD?” Thursday, September 28, 2017 2:00 PM Russell Senate Office Building Room 385 Live Webcast: www.facebook.com/HelsinkiCommission State-based cyber threats are an increasingly dominant part of the global security landscape. The Organization for Security and Cooperation in Europe (OSCE) has, in recent years, sought to play a leading role in the international system by developing confidence building measures between states to reduce the risks of cyber conflict. The cyber diplomacy at the OSCE features discussions and (voluntary) agreements among 57 participating States – including the United States and, crucially, Russia. Advocates of this approach suggest that, in the longer term, it could lead to the development of norms of state behavior in cyberspace – and thus contribute to greater stability and security in the international system. Speakers will describe the state-based cyber threats that the OSCE discussions seek to address; evaluate the development of these confidence building measures; and assess the present value and future potential of these diplomatic discussions. The following experts are scheduled to participate: Tim Maurer, Co-Director and Fellow, Cyber Policy Initiative, Carnegie Endowment for International Peace Alex Crowther, Senior Research Fellow, Center for Strategic Research, National Defense University Jaisha Wray, Acting Deputy Director, Emerging Security Challenges Office, Bureau of Arms Control, Verification and Compliance, U.S. Department of State
Preventing Modern Slavery through Education of ChildrenMonday, September 18, 2017
By Allison Hollabaugh, Counsel From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. As traffickers seek to lure adolescents into exploitation, holistic anti-trafficking education of teachers and children directly in schools is emerging as a critical tool to fight modern day slavery across the OSCE region. Education has long been used in the prevention of human trafficking, the first of “3 Ps”—prevention, prosecution, and protection—around which most of the OSCE participating States have structured their laws to combat trafficking in human beings. For instance, embassies and consulates include trafficking warnings and trafficking hotlines in information to individuals seeking visas, especially those individuals coming to be domestic servants. Tourists are educated in airports about the legal penalties of sexually exploiting vulnerable children. Flight attendants and hotel operators are trained in how to recognize and safely report potential trafficking victims. Members of the law enforcement community are educated in the procedures for identifying trafficking victims among migrant and refugee flows through programs like the OSCE Extra Budgetary Project, which successfully concluded its third training last week in Vicenza, Italy. International organizations have targeted aid for trafficking awareness education in countries where severe lack of economic opportunity makes teens extremely vulnerable to sham offers of jobs abroad. However, traffickers are increasingly preying upon children’s social vulnerability, not just economic need. Social vulnerability—such as feelings of alienation, unresolved emotional or physical abuse, learning disabilities, or unfamiliarity with a new culture and language—means that children of every socio-economic background across participating States are at risk of being taken advantage of by traffickers. Children’s often unlimited and unmonitored access to the internet can also endanger them. Traffickers scout social media with fake profiles, looking for children they can extort into trafficking. A child sends a half-naked photo to their “new friend” on social media, who then threatens to send the photos to the child’s parents and friends—unless the child does as they say. No child is immune, but some are now smarter than their would-be traffickers. Non-governmental organizations in the United States and United Kingdom have been taking prevention to new heights through programs to train children in schools how to avoid being ensnared by human traffickers. The Frederick Douglass Family Initiatives PROTECT project, and Just Enough UK, to name a few, have pioneered curricula that helps children—and their teachers—navigate the new faces and ploys of modern day slavery. Including age-appropriate, anti-trafficking education of teachers and school children in the standard curriculum for all children means that the suffering and harm caused by human trafficking can be halted early—or avoided altogether. At a recent hearing in the U.S. House of Representatives Foreign Affairs Committee, Co-Founder and Executive Vice President of the Frederick Douglass Family Initiatives, Robert Benz, observed, “The cost benefits to taxpayers, for preventing or mitigating human trafficking at an early stage, are enormous. The human benefit for preventing someone from being victimized is incalculable.” Such educational initiatives may soon benefit from new federal government grants in the United States. Helsinki Commission Co-Chairman Rep. Christopher Smith, Special Representative for Human Trafficking Issues to the OSCE Parliamentary Assembly and author of the U.S. laws that establish and fund the “3Ps”, included in the new Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act (H.R. 2200) authority for the training of teachers and students to recognize and avoid human trafficking. H.R. 2200 passed the House of Representatives in July and awaits consideration in the U.S. Senate.
Helsinki Commission Chief of Staff Meets with New ODIHR Director GísladóttirFriday, September 15, 2017
On September 13, Helsinki Commission Chief of Staff Ambassador David T. Killion met with the new Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), Ingibjörg Gísladóttir, during the 2017 OSCE Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland. Ambassador Killion stressed the Commission’s commitment to the autonomy and work of ODIHR, and highlighted several Commission priorities including fighting anti-Semitism and racism; combating trafficking in persons; promoting religious freedom; and strengthening democratic institutions. He also noted the Commission’s support for the work of the ODIHR Contact Point on Roma and Sinti Issues. Ambassador Killion urged Director Gísladóttir to continue ODIHR’s positive collaboration with the OSCE Parliamentary Assembly, noting strong Commission support for OSCE election observation. Turning to the HDIM, he emphasized the importance of the continued open participation of civil society in the event, which is a singular feature of the annual meeting. He said the Commission will continue to fulfill its mandate to monitor the participating States’ compliance with their OSCE commitments, with particular regard to those relating to human rights.
Criminal Defamation and "Insult" Laws in the OSCE RegionMonday, September 11, 2017
From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. Numerous international documents, including those adopted by the Organization on Security and Cooperation in Europe (OSCE), establish freedom of expression as a fundamental right. However, the right to free speech is not absolute. Consistent with international law, certain kinds of speech, such as obscenity, may be prohibited or regulated. When governments do restrict speech, those restrictions must be consistent with their international obligations and commitments; for example, the restrictions must be necessary in a democratic country and proscribed by law. Criminal defamation and "insult" laws are often defended as necessary to prevent alleged abuses of freedom of expression, but they are not consistent with OSCE norms and their use constitutes an infringement on the fundamental right to free speech. Despite this, criminal defamation and insult laws continue to be abused for political purposes in several OSCE participating States. Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law, and Jordan Warlick, Office Director
The 2017 Human Dimension Implementation Meeting: An OverviewFriday, August 18, 2017
Each year,1 the OSCE Office for Democratic Institutions and Human Rights (ODIHR) organizes the Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland. As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress. The 2017 HDIM will be held from September 11 to September 22. Human Dimension Implementation Meeting 2017 The HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma. Each year, three special topics are selected for a full-day review. 2017 special topics will be 1) ensuring “equal enjoyment of rates and participation in political and public life,” 2) “tolerance and nondiscrimination,” and 3) “economic, social and cultural rights as an answer to rising inequalities.” This year’s meeting will take place at the Warsaw National Stadium (PGE Narodowy), the site of the NATO summit earlier this year. The meeting will be webcast live. Background on the Human Dimension Implementation Meeting When the Helsinki Final Act was signed in Finland in 1975, it enshrined among its ten Principles Guiding Relations between Participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the Final Act included a section on cooperation regarding humanitarian concerns, including transnational human contacts, information, culture and education. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as trafficking in human beings and refugees), and concerns relating to tolerance and nondiscrimination (e.g., countering anti-Semitism and racism). One of the innovations of the Helsinki Final Act was agreement to review the implementation of agreed commitments while considering the negotiation of new ones. Between 1975 and 1992, implementation review took place in the context of periodic “Follow-up Meetings” as well as smaller specialized meetings focused on specific subjects. The OSCE participating States established permanent institutions in the early 1990s. In 1992, they agreed to hold periodic Human Dimension Implementation Meetings” to foster compliance with agreed-upon principles on democracy and human rights. Additional changes to the modalities for the HDIM were agreed in 1998, 2001, and 2002, which included shortening the meeting from three weeks to two weeks, and adding three “Supplementary Human Dimension Meetings” annually on subjects selected by the Chairmanship-in-Office on particularly timely or time-sensitive issues. One of the most notable features of the HDIM is the strong participation of non-governmental organizations. The United States has been a strong advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE modalities allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. 1 In exceptional years when the OSCE participating States hold a summit of heads of state or government, the annual review of human dimension commitments is included as part of the Review Conference which precedes the summit, and also includes a review of the political-military and economic/environmental dimensions.
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.