Reaching Consensus on Senior OSCE AppointmentsMonday, July 31, 2017
On July 18, 2017, the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE) formally approved by consensus new leaders for four OSCE institutions: Thomas Greminger (Switzerland): OSCE Secretary General. Ingibjörg Sólrún Gísladóttir (Iceland): Director of the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR). Harlem Désir (France): Representative on Freedom of the Media. Lamberto Zannier (Italy): High Commissioner on National Minorities. Following weeks of debate, the agreement was reached on the margins of an informal Ministerial Council meeting in Mauerbach, near Vienna, held under the auspices of the 2017 Austrian chairmanship. Download the full report to learn more. Contributors: Robert Hand, Senior Policy Advisor, Janice Helwig, Representative of the U.S. Helsinki Commission to the U.S. Mission to the OSCE, and Erika Schlager, Counsel for International Law
Engaging Belarus on Human Rights & DemocracyFriday, July 21, 2017
The U.S. Helsinki Commission held a briefing titled, “Engaging Belarus on Human Rights and Democracy” on July 21, 2017, which built on renewed interest in Belarus after members of the Commission traveled to Minsk earlier in the month for the annual OSCE Parliamentary Assembly meeting. The panelists for the briefing included Stephen Nix, Regional Program Director for Eurasia at the International Republican Institute in Washington, DC; Katie Fox, Deputy Director of the Eurasia Department at the National Democratic Institute in Washington, DC; and Sanaka Samarasinha, the United Nations Chief in Belarus. Brief remarks were also delivered by Belarusian Charge d’Affaires Pavel Shidlovsky. Stephen Nix began the briefing by highlighting the importance of Belarus in U.S. foreign relations, including the relationship between Belarus and Russia, especially in light of the increased Western presence in the Baltics and the surrounding area. Mr. Nix “applaud[ed] Belarus’s expressed intent at engagement” and offered some examples demonstrating optimism for the democratic process in Belarus, such as the appointment of opposition party members to parliament with limited power. Katie Fox echoed this optimism when addressing “democratic openings,” such as the concessions the Belarusian government made in response to protests, increasingly democratic electoral processes, and “the growth and development of the democratic parties.” Sanaka Samarasinha discussed engagement in relations to the human rights issues Belarus presents today and the areas of particular concern to the UN. The UN in Belarus has focused primarily on “development activities,” but also issues such as human trafficking and the rising number of HIV/AIDs cases. Samarasinha also highlighted the need for a “safe space” for discussions of human rights issues and transparency to allow Belarusians and Belarusian civil society to be able to have a conversation. Charge d’Affaires Pavel Shidlovsky highlighted ways that Belarus is working with its NATO neighbors through defense cooperation, including relinquishing nuclear weapons and inviting representatives of NATO to observe the Belarusian-Russian strategic joint exercise scheduled for September 2017. Shidlovsky also stated, “Belarus has always regarded normalization of relations with the United States as a priority of its foreign policy. Yes, we have had our ups and downs, but never has the leadership of Belarus underestimated the importance of full-fledged engagement with the U.S.” In the final Q&A session the panelists were cautiously optimistic about the prospects for the improvement of human rights practices in Belarus and improvements in the electoral code that could someday lead to elections that could be certified as free and fair by the OSCE Office for Democratic Institutions and Human Rights (ODIHR). However, they also stressed that it is critical to continue to fight for changes that are sustainable, beginning with the removal of restrictions on peaceful assembly and freedom of speech.
2017 OSCE Gender Equality Review ConferenceWednesday, July 19, 2017
By Janice Helwig, Representative of the Helsinki Commission to the U.S. Mission to the OSCE The OSCE held its second Gender Equality Review Conference in Vienna on June 12-13, 2017. The meeting was not a traditional review conference; it did not systematically evaluate how OSCE participating States are doing in implementing their commitments, but rather offered a framework for an exchange of information and best practices among governments, international organizations, and NGOs. Austrian Federal Minister for Families and Youth Sophie Karmasin opened the conference, followed by a video address from the Prime Minister of Canada, Justin Trudeau. The conference was also addressed by the Special Representative of the OSCE Chairmanship-in-Office on Gender Issues Ambassador Melanne Verveer. The conference was held in a non-traditional format for the OSCE, which usually holds meetings with government delegates speaking from behind their country’s nameplate. It comprised concurrent panel discussions viewed by an audience, followed by a question and answer session. Panelists came from governments, the OSCE Institutions and field missions, the OSCE Parliamentary Assembly, the European Union, the United Nations, and civil society. Panelists discussed women’s participation in the security sector; women’s participation in political and public life; equal economic opportunities for women; combating violence against women; strengthening institutional mechanisms; and emerging issues and ways forward. Issues raised included the disproportionately low number of women in political decision-making positions or in military, security, and conflict management roles; the pay gap between women and men for similar work; discrimination and harassment, including of minority women; and the vulnerability of women and girls to trafficking and sexual abuse. Recommendations for areas that need more attention included improving access to and the quality of education for girls; alleviating poverty and other situations that make girls more vulnerable to trafficking and sexual exploitation; doing more to better prevent violence against women; promoting women’s participation in conflict management, mediation, and peace processes; closing the pay gap; focusing on the role of women in perpetrating or countering violent extremism and terrorism; and the need to gather more sex-disaggregated data and research to develop the most effective programs to address these issues. Several speakers also discussed OSCE efforts to promote equal opportunities for women inside the Organization, as well as to incorporate a gender perspective in its work. They noted that the OSCE has established a network of Gender Focal Points throughout all OSCE structures; raised the percentage of women working in the Organization from 35 percent in 2004 to 49 percent today; increased gender components in OSCE projects; and stepped up assistance to participating States in implementing their gender-related commitments. They recommended that the OSCE strive to increase the number of women appointed to senior level positions, provide more coaching on gender issues for OSCE management, develop a mechanism to more systematically incorporate a gender perspective in all OSCE projects and activities, ensure no all-male panels at OSCE events, and update the 2004 Action Plan for the Promotion of Gender Equality.
The OSCE Moscow MechanismTuesday, July 18, 2017
The Moscow Mechanism is a tool allowing for the establishment of a short-term fact finding mission to address a specific human rights concern in the OSCE region. It grew out of the earlier Vienna Mechanism, which was designed as a vehicle to enable participating States to raise and address specific concerns in the human dimension. Together, the two today form what is generally referred to as the OSCE Human Dimension Mechanism, although in practice, the Vienna Mechanism has largely been overtaken by the Moscow Mechanism. Download the full report to learn more. Contributors: Janice Helwig, Representative of the Helsinki Commission to the U.S. Mission to the OSCE, and Erika Schlager, Counsel for International Law
The 2017 OSCE Asian Partners ConferenceMonday, July 17, 2017
By Janice Helwig, Policy Advisor and Representative of the Helsinki Commission to the USOSCE From June 19 to June 20, 2017, approximately 150 representatives of governments, academia, and international organizations from 41 OSCE participating States and seven Partners for Cooperation gathered in Berlin for the annual OSCE Asian Partners. The venue of the annual conference rotates among the five OSCE Asian Partners for Cooperation; however, as this year’s chair of the Asian Partners Contact Group, Germany hosted rather than Afghanistan. The conference, with a theme of “Common Challenges and Common Opportunities,” opened with a high-level session in which participants discussed security challenges in the OSCE and Asian regions. H.E. Adela Raz, Afghanistan’s Deputy Foreign Minister for Economic Cooperation, described the growing complexities of combating terrorism, including an increase in foreign terrorist fighters, links between international organized crime and terrorist financing, and the vulnerability to recruitment of unemployed and marginalized youth. The session also focused on threats stemming from North Korea’s nuclear and missile testing programs, territorial disputes in the South China Sea, and cybercrime. A second session focused on connectivity and regional economic cooperation, particularly between Afghanistan and the countries of the Central Asian region. Participants discussed various initiatives to foster trade along the historic Silk Road, including building roads, railways, and modernized ports, as well as developing digital and financial connectivity. The third session looked at three specific United Nations Sustainable Development Goals –, goal 4 on ensuring inclusive and quality education for all, goal 5 on achieving gender equality, and goal 16 on promoting peaceful and inclusive societies – and opportunities for the OSCE to support them. Common priorities discussed included increasing access to and funding for quality education, combating violence against women, and promoting human rights and the rule of law. A side event organized by the OSCE focused on a project to increase women’s participation in water management and promote confidence-building between Afghanistan and Central Asia. Women play a major role in household use of water in the rural areas of the region, but often have little say in decisions concerning water management. The OSCE project fosters the development of a regional network of female water professionals from state agencies, NGOs, research institutes, and water users associations and providing capacity building in negotiation and mediation skills.
Addressing Anti-Semitism through Intersectional AdvocacyFriday, July 14, 2017
By Dr. Mischa Thompson, Policy Advisor “[There were so many victims of the Holocaust] but we engage in competitive victimhood, where we take the oppressor’s view of a victim’s worth.” – Words into Action participant Misko Stanisic, Terraforming From June 21 to June 23, 2017, the Organization for Security and Cooperation in Europe Office for Democratic Institutions and Human Rights (OSCE/ODIHR) hosted the second in a series of workshops focused on addressing anti-Semitism. The workshop, titled “Gender and Intersectional Activism: Coalition-Building for a More Tolerant Society,” provided a forum for 50 civil society leaders to discuss their efforts to address prejudice and discrimination across the 57 European and North American countries of the OSCE. The forum was part of the OSCE/ODIHR’s “Turning Words into Action to Address Anti-Semitism” (WiA) project, which increases the capacity of countries and civil society to prevent and respond to anti-Semitism through security, education, and coalition-building measures. According to Cristina Finch, Head of the ODIHR Tolerance and Discrimination Department, the forum will also assist with “creation of a coalition-building manual that ODIHR will publish to assist civil society in these efforts.” Noting the problem of “underreporting,” the forum educated participants about OSCE/ODIHR efforts to collect hate crimes statistics, and highlighted methods by which civil society could work with local law enforcement and the OSCE/ODIHR to report hate crimes. At the forum, OSCE/ODIHR shared recent findings that indicate that while Jewish men are more likely to be victims of anti-Semitic speech or physical violence, Jewish women fear anti-Semitic attacks more. This suggests gender may play an important role in addressing anti-Semitism, prompting the need for more gender-rich and intersectional prevention efforts. For instance, Misko Stanisic of Terraforming, an organization focused on Holocaust and human rights education, noted that thousands of women participated in crimes of the Holocaust, but that gender stereotypes resulted in women often not being viewed as perpetrators, resulting in “female perpetrators [being] seldom investigated for their crimes and rarely prosecuted during the post-war trials.” He also described how socially constructed perceptions of gender, race, and other identities not only impacted who is – and who is not – included in text books and other educational tools on the Holocaust, but also how this has impacted efforts to address anti-Semitism. “[There were so many victims of the Holocaust] but we engage in competitive victimhood, where we take the oppressor’s view of a victim’s worth,” he said. Other participants highlighted the forum’s relevance to American scholar Kimberle Crenshaw’s intersectionality theory, which details how hierarchal systems of gender and race resulted in African-American women often being excluded from the mainstream feminist movement in the United States. In particular, participants discussed how efforts to address anti-Semitism and other forms of prejudice and discrimination have been stymied by approaches that have reinforced gender and other hierarchical power structures preventing men and women within communities from effectively working together. Invoking American luminary James Baldwin, Finnish journalist Maryan Abdulkarim stated, “No one is free until we are all free.” She stressed the need for more inclusive efforts that move away from a focus on differences that separate the “majority” and “minorities,” and to restore humanity by challenging harmful societal constructs and working across communities, including with the “majority” to address problems. While the forum explored the importance of inclusive approaches to addressing anti-Semitism and other forms of intolerance, some participants warned that intersectionality could become an ineffective trend if care is not taken in its implementation. Specifically, the differences between academic discussions and practice were raised. In particular, participants cited the need for clear laws, processes, and procedures that protect all, as well as equal access to justice. For example, laws and policies should be understandable to police, judges, and ordinary citizens, and straightforward to implement. Researchers, funders, and advocates should be particularly mindful as to whether their efforts advance equality, or simply check a box. The art and commentary of speaker Dan Perjovschi underscored and offered insight into the societal challenges forum participants faced in efforts to address anti-Semitism, gender and other inequities in countering prejudice and discrimination at large, and the need for their continued efforts. More Information Roundtable on Fighting Anti-Semitism Looks at Turning Words into Action OSCE/ODIHR Turning Words into Action Project
Helsinki Commission Staff Meet with OSCE Election ExpertsWednesday, July 12, 2017
By Erika Schlager, Counsel for International Law On July 11, Helsinki Commission staff met with Dame Audrey Glover, head of the OSCE election observation mission during the 2016 U.S. elections. Other members of the OSCE team included Mr. Jan Haukass (Vienna Representative of the Office for Democratic Institutions and Human Rights, or ODIHR), Dr. Richard Lappin (ODIHR-Warsaw), and Mr. Radivoje Grujic (ODIHR-Warsaw). The meeting was part of OSCE’s standard consultations following the deployment of an election observation mission. The election team also held meetings in Washington with Members of Congress and the Department of State. OSCE election observation is based on the 1990 Copenhagen Document in which the participating States agreed that “the will of the people, freely and fairly expressed through periodic and genuine elections, is the basis of the authority and legitimacy of all government.” The commitment fosters universal suffrage, equality, fairness, freedom, transparency, accountability, and secrecy of the ballot. The original proposal for a commitment to hold free and fair elections came from the Helsinki Commission in 1989 but, at that time, was unacceptable to communist countries. In 1990, as communist regimes began to fall, agreement on the new commitment was adopted and signaled the rejection of the one-party systems that had previously dominated Eastern Europe. However, implementation of this commitment continues to be restricted in some countries where civil society is limited or faces repression. OSCE election observation in the region represents the “gold standard” in international election observation. In some instances, when even the fundamental conditions for free and fair elections are lacking, the OSCE may decline to observe elections rather than give them a degree of legitimacy that is unwarranted. In 2015, restrictions imposed by the government of Azerbaijan compelled the OSCE to cancel a planned election observation mission. Some countries, such as Russia, have sought to undermine OSCE election observation by promoting observation through the Commonwealth of Independent States (CIS), a post-Soviet grouping that includes Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan and Ukraine. CIS election observers consistently praise elections that are considered to be significantly flawed by independent observers, particularly the OSCE. Helsinki Commissioners and staff have participated in well over 100 election observation missions since 1990 – the vast majority of them as members of the OSCE Parliamentary Assembly contingent that is part of the larger OSCE-led international observation missions. The Commission continues to support OSCE observation efforts, focusing on countries where resistance to democratic change remains the strongest. The Commission has also actively supported the right of domestic election observers to monitor the elections in their own countries. Learn more about OSCE election observation.
Social Media Day 2017Friday, June 30, 2017
First celebrated in 2010, Social Media Day recognizes the enormous impact social media has had on global communication. Many OSCE institutions, field missions, and related entities maintain a robust presence on social media, allowing them to share news, facilitate dialogue, and promote democracy, the rule of law, and human rights throughout the 57 participating States of the OSCE. Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) Twitter Facebook YouTube Flickr LinkedIn U.S. Mission to the OSCE Twitter Facebook YouTube OSCE Parliamentary Assembly Twitter Facebook YouTube Flickr Instagram OSCE Secretariat Twitter Facebook YouTube Instagram LinkedIn SoundCloud OSCE High Commissioner on National Minorities Twitter OSCE Office for Democratic Institutions and Human Rights Twitter Facebook LinkedIn OSCE Representative on Freedom of the Media Twitter Facebook YouTube Flickr OSCE Presence in Albania Twitter Facebook OSCE Mission to Bosnia and Herzegovina Twitter Facebook YouTube Google+ SoundCloud OSCE Mission in Kosovo Twitter Facebook YouTube OSCE Mission to Serbia Twitter Facebook OSCE Mission to Skopje Twitter Facebook OSCE Mission to Moldova Facebook OSCE Project Co-ordinator in Ukraine Facebook OSCE Special Monitoring Mission to Ukraine Twitter Facebook OSCE Office in Tajikistan Facebook
Using Technology to Protect Children from Online ExploitationThursday, June 29, 2017
By Allison Hollabaugh, Counsel Helsinki Commission Co-Chairman Rep. Chris Smith, the Special Representative for Human Trafficking to the President of the OSCE Parliamentary Assembly, has registered a supplementary item for this year’s Annual Session in Minsk, Belarus, titled, “Preventing Child Sexual Exploitation Online through Advances in Technology.” Smith’s supplementary item examines the ways protections for children have lagged behind technology, leaving children vulnerable. “Impressionable children in most of the OSCE region have unrestricted access on any web-capable device to every conceivable form of pornography—even the most violent and vile acts—and that exposure has measurable impact on their vulnerability to sexual exploitation,” Smith said. “Tragically, we are seeing children targeted and further victimized as they are exposed to pornographic websites,” said Smith. Studies Show Correlation between Youth Access to Pornography, Sexual Exploitation Similar to earlier studies, a 2016 study in the Journal of Interpersonal Violence (Stanley et. al) of 4,564 young people aged 14 to 17 found in boys a statistically significant correlation between viewing online pornography and committing sexual coercion and abuse. Importantly, this study was conducted in five OSCE participating States. A definitive study in the European Journal of Developmental Psychology (Bonino, et. al, 2006) found that adolescent girls who report viewing pornography are more likely to report being victims of sexual harassment or forced sex at the hands of male friends or acquaintances. “We are kidding ourselves if we think unrestricted access to pornography online is not harming our children,” said Smith. “We are allowing them to be actively and passively groomed for trafficking,” said Smith, referring to how child sex abusers are known to lower the defenses of children and condition children to accept sexual abuse as normal by showing children pornography. Age Verification The United Kingdom recently joined Germany, Finland, and Iceland in recognizing that unrestricted access of children to online pornography is a public health concern. In April of this year, the UK’s Digital Economy Act of 2017 became law, empowering an “age verification-regulator,” most likely the British Board of Film Classification (BBFC), to create guidelines on age verification walls for all pornographic websites viewed from within the UK. The age-verification regulator will be able to fine websites that violate the new guidelines. Ultimately, IP addresses in the UK for non-compliant websites could be shut down. The new UK law is in addition to the country’s current requirement that cell phone companies filter content unless the cell phone owner is 18 or older. “All UK mobile operators run content filtering and age verification on their networks, based on the BBFC guidelines,” said Ernie Allen, who led the Center for Missing and Exploited Children in the United States and International Center for Missing and Exploited Children for more than 25 years. “If a customer tries to access an 18+ site and has not age verified, he or she receives a notice on the site that they may not access it until they have age verified,” Allen said. Verification may be accomplished by visiting the cell phone store and showing identification, or logging into a designated website and using a credit card. Cardholders must be 18 or older to have a credit card in the UK. To make sure the card is not “borrowed” from a parent, one pound may be deducted to give notice to the credit card owner that their card has been used for age verification. The data repository already created by the UK cell phone requirements could be used to inform age verification for pornographic websites. In addition, the data repository created by the UK’s Gambling Act of 2005, which imposed age restrictions for online gambling, could also be used to verify age. Visitors to pornographic websites could enter their gambling account number, which would then be authenticated by the website. The pornography industry has recently come out with its own age verifying system, AgeID. After an account is created on AgeID, the account number would be sufficient for age verification. Other companies are offering biometric options, using apps to verify that a passport showing the appropriate age belongs to the person offering the passport as verification. “We now have the technology to protect children online,” said Allen. “A few data points sent to a third party can effectively verify age without necessarily disclosing identity.” The pending supplementary item received sponsorship from 54 parliamentarians representing 26 countries. President of the OSCE Parliamentary Assembly, Christine Muttonen, has offered her support. Since raising this issue at the St. Petersburg Annual Session in 1999, Rep. Smith has introduced or cosponsored a supplementary item or amendments on trafficking at every annual session of the OSCE PA, including on issues such as prevention of sex tourism, situational awareness for the detection of trafficking victims in transit, and corporate responsibility for trafficking in supply chains.
OSCE Debates Future of European SecurityMonday, June 19, 2017
By Alex Tiersky, Global Security and Political-Military Affairs Advisor Can an organization of 57 participating States which includes both the United States and Russia come to agreement on the causes of instability in European security today, let alone re-commit to the basic rules of the road governing states’ behavior? And are all participating States – especially Russia – still able and willing to participate in good faith in a positive-sum, cooperative approach to building security, rather than a competitive, beggar-thy-neighbor approach? These were the questions that underpinned the OSCE Security Days conference of non-governmental experts and governmental representatives on “Countering fragmentation and polarization: Re-creating a climate for stability in Europe,” held on May 18-19, 2017 in Prague. While the Czech hosts were proud to inform attendees that the meeting was held in the very hall in which the July 1, 1991 protocol dissolving the Warsaw Pact was signed, it seemed unlikely that this historical spirit would deliver positive breakthroughs in the current challenges facing the post-Cold War order in Europe, which was declared dead by more than one speaker. The great majority of interventions focused on the deliberate undermining of other countries’ security and independence by Russia. Additional challenges raised by speakers included increasing polarization within and among states, the rise of populist movements, a post-truth environment that feeds instability and mistrust, and the emergence of the cyber domain and its use in interstate competition. Russian revisionist perspectives on the European security order, declared on such occasions as President Putin’s speech at the Munich Security Conference in 2007, underline the extent to which Russian leaders see the post- cold war order as detrimental to Russia’s interests and therefore obsolete, according to several speakers. Conference participants from Russia, for their part, painted an entirely different reality than that described by most other participants. In the former’s telling, the west took advantage of Russia in the post-cold war period despite positive actions by Russia, ranging from the withdrawal of troops and armaments previously stationed across Europe, to more recent collaboration in fighting against piracy or eliminating Syrian chemical weapons. Stressing the concept of indivisibility of security, Russian speakers underlined that Russia would make no more of what they called unilateral concessions, and called for a new European Security Treaty. NATO’s concept of deterring Russia is not compatible with OSCE commitments, they asserted. Seeking to address these widely differing perspectives among its membership, the German Chairmanship in 2016 and the Austrian Chairmanship in 2017 have launched an informal working group on “structured dialogue” to discuss participating States’ differing views on security threats and possible ways forward. Conference participants were of mixed views on the prospects for the structured dialogue effort, with skeptics citing what they saw as similar past processes such as the Corfu Process or Helsinki +40, which failed to show concrete results. Many participants were keen to underline the need for the structured dialogue to avoid calling existing institutions or principles into question. The challenges facing European security were not institutional in nature, these voices argued, but rather the result of one OSCE participating State – Russia – failing to uphold its commitments or respect the sovereignty and independence of other participating States. Conference participants offered a number of policy recommendations for strengthening the OSCE (such as providing a small crisis response fund under the Secretary General’s authority; providing additional tangible assets like unmanned aerial vehicles; supporting historical research to better understand the sources of divergent perspectives; or modernizing arms control and confidence building measures). The OSCE should pay more attention to the increasing instability in the Western Balkans, it was suggested, and ongoing work on cyber norms had real potential utility. Individual participating States were urged to combat disinformation campaigns by investing in tools to rapidly rebut false claims, educate publics, and discredit outlets that serve as propaganda, while safeguarding fundamental freedoms. Despite these and other positively-inclined recommendations, however, the general mood at the conference was one of urgency, not optimism. If one point of general consensus emerged among the widely differing perspectives, it was that in the face of increasingly complex and urgent challenges (many of them caused by or closely linked to Russia’s geopolitical stance, according to the great majority of conference attendees) the absence of shared views and approaches was unlikely to resolve itself in the near term. This dynamic was likely to contribute to a worsening of existing and emerging security crises – and ultimately the further loss of lives. Alex Tiersky attended the conference as a representative of the U.S Helsinki Commission.
The Nagorno-Karabakh ConflictThursday, June 15, 2017
The Nagorno-Karabakh conflict between Armenia and Azerbaijan remains one of the world’s most intractable and long-standing territorial and ethnic disputes. Its fragile no-peace, no-war situation poses a serious threat to stability in the South Caucasus region and beyond. The conflict features at its core a fundamental tension between two key tenets of the 1975 Helsinki Final Act: territorial integrity and the right to self-determination. As part of the Helsinki Commission’s continued engagement on security challenges across Europe and Eurasia, this short primer on the conflict lays out the conflict’s origins and recent evolution, as well as the role of key players including Russia, the United States, and the OSCE. Download the full report to learn more. Contributors: Everett Price, Senior Policy Advisor, Alex Tiersky, Senior Policy Advisor, and Anna Zamejc, Lantos Fellow
OSCE Debates Counterterrorism ApproachesWednesday, June 14, 2017
By Alex Tiersky, Global Security and Political-Military Affairs Advisor Several hundred officials, academics, journalists, NGO representatives and youth ambassadors gathered in Vienna on May 23-24, 2017 for the OSCE’s annual counterterrorism conference. The event was convened around the subject of “Preventing and Countering Violent Extremism and Radicalization that Lead to Terrorism.” The subject matter could hardly have been more pressing, with the conference taking place in the immediate wake of the tragic terrorist attack in Manchester, England. That attack – and those suffered by so many OSCE participating States in recent months and years – served to heighten the sense of urgency towards finding ways to address all aspects of the problem, from effectively preventing radicalization that leads to violence, to ensuring societies are resilient in the face of future attacks. OSCE participating States were particularly concerned about the continued threat posed by so-called “foreign terrorist fighters” – citizens of their countries who traveled abroad to fight, in particular to Iraq and Syria, who could return with the intent to inflict attacks on their home countries. Experts at the meeting voiced concern that many countries are unprepared for the challenge of mitigating any threat posed by these individuals – including children who may have been radicalized as a result of travel as part of families – upon their return. Youth are particularly vulnerable to radicalization and a key element of any sustainable and effective strategy to counter it, according to the OSCE Chair-in-Office, Austrian Foreign Minister Sebastian Kurz. He stated that recent OSCE youth workshops had called for greater inclusion of young people in anti-radicalization discussions and strategies; efforts to eliminate propaganda from social media; and broader dissemination of narratives describing the negative results of radicalization. Conference participants differed somewhat on whether best practices in countering extremism developed in one country were universally applicable, or whether local (or even family-level) actors, who may be best placed to identify early warning signs of radicalization and counter it, should be emphasized. Still, most participants underlined that counterterrorism approaches that failed to emphasize the rule of law, fundamental freedoms, and support to civil society, or that singled out religious or ethnic communities, would ultimately prove counterproductive. The OSCE itself served as a useful platform on this issue, according to head of the U.S. Delegation Irfan Saeed (the Director of the Department of State’s Office of Countering Violent Extremism), who commended ongoing OSCE programs such as the capacity-building work of OSCE Field Missions and the #UnitedCVE social media campaign. Among the many recommendations offered by various conference participants for heightened national or international efforts were the following: Supporting capacity building efforts by OSCE field missions in the Balkans and Central Asia. Strengthening border controls. Improving governmental interoperability of information systems and access to encrypted information, as well as the ability to process large amounts of data rapidly. Increasing the sharing of biometric data collection to improve effectiveness of policing and border controls. Greater sharing of financial information to detect terrorist networks and their financing. Ensuring cooperation between local communities and law enforcement. Fighting online radicalization and propaganda, in collaboration with the private sector. Addressing the particular vulnerabilities of women and girls and empowering their contributions to countering extremism. Strengthening legal systems to prevent impunity. Using data-driven approaches to assess the effectiveness of programs. Developing and promoting a positive, inclusive vision for Western societies to serve as an alternative to the hate-filled narrative of violent groups. Combatting the challenge of radicalization in prisons. Despite a number of areas of agreement, there were some differences of opinion among the conference participants, including how prominently values should feature in any counterterrorism approach; the characterization of specific groups as “terrorist;” or the use of censorship to address potentially extremist speech on line. One consistently outlying view was expressed by Russian delegates, including Deputy Foreign Minister Oleg Syromolotov, who claimed that (unnamed) partners often committed only rhetorically to countering terrorism rather than acting as part of a global anti-terrorist front, and chastised Western partners who, he said, put their own “geopolitical ambitions” above the need to counter terrorism. Other Russian interventions included accusations that Western states tolerated or even supported terrorist groups and suggestions that excessive liberalism allowed for terrorists to go unchecked in Western societies. The interventions served as a reminder of the obstacles that remain to fully maximizing the utility of international cooperation to address this common challenge. Alex Tiersky attended the conference as a member of the U.S. delegation, which was led by the U.S. Department of State’s Bureau of Counterterrorism and Countering Violent Extremism.
CANCELLED: Austrian Foreign Minister to Testify at Helsinki Commission HearingWednesday, May 24, 2017
CANCELLED WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “AUSTRIA’S CHAIRMANSHIP OF THE OSCE: PRIORITIES AND CHALLENGES” Tuesday, June 6, 2017 10:30AM Russell Senate Office Building Room 188 In 2017, Austria holds the Chairmanship-in-Office of the world’s largest regional security body: the 57-nation Organization for Security and Cooperation in Europe (OSCE). The OSCE is currently facing a series of challenges including Russia’s continued aggression in Ukraine; ongoing “frozen” conflicts; human rights violations and backsliding in implementation of OSCE commitments; increased violence throughout the region ranging from terrorist attacks to hate crimes; human trafficking; and several high-level institutional vacancies that impact the organization’s effectiveness. Austria’s Minister of Foreign Affairs, Sebastian Kurz, will discuss Austria’s priorities and progress to date as it nears the midway point of its year holding the OSCE Chairmanship-in-Office.
A Call to OSCE Commitments in Aftermath of Turkish ReferendumThursday, May 04, 2017
Mr. President, I rise today to express my concerns about the outcome of the April 16 constitutional referendum in Turkey, when more than 50 million Turkish citizens voted on constitutional amendments to convert Turkey’s parliamentary government into a presidential system. Turkey is a longstanding friend of the United States and a NATO ally. Our bilateral partnership dates back to the Cold War when Turkey served as an important bulwark against the creeping influence of the Soviet Union. Time has not diminished Turkey’s geostrategic importance. Today, Ankara finds itself at the intersection of several critical challenges: the instability in Syria and Iraq, the threat of ISIS and other extremist groups, and the refugee crisis spawned by this regional upheaval. The United States relies on Turkey and other regional partners to help coordinate and strengthen our collective response. I was deeply troubled when renegade military units attempted to overthrow Turkey’s democratically elected government last July. Turkey’s strength is rooted in the democratic legitimacy of its government – a pillar of stability targeted by the reckless and criminal coup attempt. As Chairman of the Commission on Security and Cooperation in Europe, or U.S. Helsinki Commission, I take very seriously the political commitments made by the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE). These commitments – held by both the United States and Turkey – represent the foundation of security and cooperation in the OSCE region. They include an indispensable focus on human rights, rule of law, and democratic institutions. In the OSCE’s founding document, the Helsinki Final Act, participating States affirm “the universal significance of human rights and fundamental freedoms” and consider respect for these to be an “essential factor” for international peace and security. This vision is consistent with long-established U.S. foreign policy promoting human rights and democracy as cornerstones of a safer, more stable international order. With these principles in mind, the United States must pay urgent attention to the current situation in Turkey and the danger it poses to Turkish and regional stability. Eroding respect for fundamental freedoms, rule of law, and democratic institutions in Turkey has proceeded at an alarming pace. The government’s planned “executive presidency” will further decrease government accountability. Since the attempted coup more than nine months ago, Turkey has operated under a state of emergency that gives the government sweeping authority to curtail rights and silence opponents. Certain extraordinary measures may have been justified in the immediate aftermath to restore order, investigate events, and bring perpetrators to justice, but the government’s actions have stretched far beyond these legitimate aims. The ongoing purge has touched every institution of government, sector of society, corner of the country, and shade of opposition – military or civilian, Turk or Kurd, religious or secular, nationalist or leftist, political or non-political. An atmosphere of fear and uncertainty has settled over Turkish society as more than 100,000 people have been detained or arrested. Tens of thousands have been fired from their jobs, had their professional licenses revoked, and had their names released on public lists without any recognizable due process. The government removed and replaced thousands of judges and prosecutors within hours of the coup’s defeat, compromising the independence of the judiciary at a moment when an impartial justice system had become more important than ever. The government has also closed more than 150 media outlets. Upwards of 80 journalists are behind bars. The offices of the country’s oldest newspaper were raided, and the paper’s editor-in-chief and other staff were arrested. The media environment was already under extraordinary pressure before the coup. Last spring, the government seized control of the country’s highest-circulation paper. Self-censorship is now widely practiced to avoid provoking the government’s ire. Additionally, state of emergency decrees have given regional governors the ability to curtail freedom of assembly rights, harming the ability of civil society organizations to organize rallies concerning the referendum. Since July, the government has detained more than a dozen opposition parliamentarians. Many more continue to face criminal charges for political statements they made before the coup attempt. It is difficult to overstate the chilling effect these measures have had on political debate in Turkey. And yet, these are the circumstances under which Turks voted on April 16. These major constitutional changes passed with a slim majority of 51 percent. The OSCE’s international observation mission stated in its preliminary conclusions that the vote “took place on an unlevel playing field” and that “fundamental freedoms essential to a genuinely democratic process were curtailed.” Under the revised constitution, the once largely ceremonial position of president will convert into an “executive presidency” and the position of prime minister will be abolished. The president will be elected along with the national assembly every five years and has the ability to dissolve the assembly and call new elections at will. The president will also appoint a larger proportion — nearly half — of the country’s supreme judicial council. In a report on these new constitutional provisions, the Venice Commission of the Council of Europe concluded that the amendments are a “step backwards” and pose “dangers of degeneration … towards an authoritarian and personal regime.” Turkey is undergoing a disturbing transformation, and I am concerned these changes could undermine the strength of our partnership. President Erdogan’s government has dramatically repressed dissent, purged opponents from every sector of government and society, and is now poised to consolidate power further under his self-described “executive presidency.” In the short term, the Turkish government should act swiftly and transparently to investigate credible claims of voting irregularities in the referendum as well as the legality of a surprise electoral board decision to admit an unknown number of ballots that should be deemed invalid under existing rules. Public trust in the outcome of such a consequential vote is of utmost importance. Sadly, until now, the government has responded to these challenges with dismissiveness and suppression. In the past week, dozens of activists have been detained for participating in protests against the election results. Furthermore, the government should lift the state of emergency, stop all forms of repression against the free press, release all imprisoned journalists and political activists, and urgently restore public confidence in the judiciary. Only then can it credibly and independently adjudicate the tens of thousands of cases caught up in the government’s months-long dragnet operations. A country where disagreements are suppressed rather than debated is less secure. A country where institutions are subordinated to personalities is less stable. A country where criticism is conflated with sedition is less democratic. Unless President Erdogan moves urgently to reverse these trends, I fear our partnership will inevitably become more transactional and less strategic. It will become more difficult to justify long-term investment in our relationship with Turkey if the future of the country becomes synonymous with the fortunes of one party or one individual. The United States and Turkey need a solid foundation for enduring cooperation to tackle regional instability, terrorism, migration, and other challenges. The future of this partnership is difficult to imagine in the midst of a prolonged state of emergency, wide-scale purges, and weakened democratic institutions.
Turkey Post-Referendum: Institutions and Human RightsTuesday, May 02, 2017
Human rights abuses by the Turkish government have proliferated under the state-sanctioned emergency measures imposed in the aftermath of the July 2016 failed coup attempt. Turkish authorities have fired as many as 130,000 public workers, including teachers, academics, police officers, and soldiers, and thousands have been arrested. Hundreds of journalists have had their credentials revoked and dozens of media outlets have been shut down. Human rights groups have documented widespread reports of intimidation, ill-treatment and torture of those in police custody. On April 16, 2017, Turkey held a referendum on a package of amendments that transforms the country’s institutions in major ways. The position of prime minister was eliminated and the executive powers of the president were expanded, enabling him to appoint ministers without parliamentary approval, exert more influence over the judiciary, and call early elections. Coming on top of the post-coup crackdown, how will Turkey’s changing institutions affect human rights in the country? Panelists at the briefing discussed how U.S. policymakers can most effectively encourage the protection of human rights to promote the interests of the Turkish people given the strategic importance of the U.S.-Turkey bilateral relationship.
Helsinki Commission Calls for Proclamation Recognizing Importance of Helsinki Final ActWednesday, April 26, 2017
WASHINGTON—Helsinki Commission Chairman Senator Roger Wicker (MS) today introduced a bipartisan Senate resolution urging President Trump to recognize the importance of the Helsinki Final Act – the founding document of today’s Organization for Security and Cooperation in Europe (OSCE) – and its relevance to American national security. The resolution was cosponsored by all other Senators currently serving on the Helsinki Commission: Sen. Ben Cardin (MD), Sen. John Boozman (AR), Sen. Cory Gardner (CO), Sen. Marco Rubio (FL), Sen. Jeanne Shaheen (NH), Sen. Thom Tillis (NC), Sen. Tom Udall (NM), and Sen. Sheldon Whitehouse (RI). “Peace and prosperity in the OSCE region rest on a respect for human rights and the preservation of fundamental freedoms, democratic principles, and economic liberty. Unfortunately, the commitment to these ideals by some OSCE participating States is eroding,” Chairman Wicker said. “The shrinking space for civil society in many nations has become reminiscent of the Communist era – a time when many Helsinki Monitoring Groups were violently persecuted for their courageous support of basic human rights,” he continued. “With its actions in Ukraine and Georgia, the Russian Federation in particular has demonstrated how closely such internal repression can be tied to external aggression. We were reminded of these abuses in this morning’s Helsinki Commission hearing. I urge the President to make it clear that Helsinki principles are vital not only to American national interests but also to the security of the OSCE region as a whole.” “What was remarkable about the Helsinki Final Act was the commitment that these standards we agreed to would not only be of internal interest to the member country, but that any country signatory to the Helsinki Final Act could challenge the actions of any other country,” said Ranking Commissioner Cardin, who is also Ranking Member of the Senate Foreign Relations Committee. “We have not only the right but the responsibility to call out countries that fail to adhere to the basic principles that were agreed to in 1975.” Defining security in a uniquely comprehensive manner, the Helsinki Final Act contains 10 principles guiding inter-state relations, among them respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion, or belief (Principle VII). Other principles include respect for sovereign equality (Principle I), the territorial integrity of states (Principle IV), and states’ fulfilment in good faith of their obligations under international law (Principle X). S.Con.Res.13 encourages President Trump to reaffirm America’s commitment to the principles and implementation of the Helsinki Final Act. The resolution also calls on the President to urge other participating States to respect their OSCE commitments and to condemn the Russian Federation's clear, gross, and uncorrected violations of all 10 core OSCE principles enshrined in the Helsinki Final Act.
Democracy & Human Rights Abuses in Russia: No End in SightWednesday, April 26, 2017
The U.S Helsinki Commission held a hearing on Wednesday on “Democracy and Human Rights Abuses in Russia: No End in Sight.” It was the first hearing in the 115th Congress focused on internal human rights repression in Russia. Vladimir Kara-Murza, vice-chairman of pro-reform movement Open Russia; Rachel Denber, Deputy Director of the Europe and Central Asia Division at Human Rights Watch; and Dr. Daniel Calingaert, Executive Vice President of Freedom House, testified about the crisis of Russian democracy and the country’s worsening human rights record under President Vladimir Putin. In his opening statement, Mr. Kara-Murza underscored the necessity for the OSCE participating States to give an honest assessment about what is happening in Russia, where the number of political prisoners now exceeds a hundred people (a number that has doubled in less than a year). Mr. Kara-Murza, a vocal critic of the Kremlin who has survived two poisoning attempts, estimated that more than 30 activists have been murdered by the Putin regime since Vladimir Putin assumed power in 2000. He also called for an end to impunity for human rights violations in Russia. “The U.S. does have a mechanism for such accountability in the Magnitsky Act that provides for targeted sanctions on human rights abusers. This law should continue to be implemented to its full extent,” Mr. Kara-Murza said. His concerns were echoed by Human Rights Watch’s Rachel Denber, who noted that today, “Russia is more repressive that it has ever been in the post-Soviet era.” At Chairman Wicker’s request, Ms. Denber provided detailed information about each of the Russian political prisoners who were featured on posters in the room, and also spoke at length about the repression of gay men in Chechnya. Dr. Daniel Calingaert of Freedom House highlighted the fact that Mr. Putin was the primary author of the modern authoritarian’s playbook, which has subsequently been replicated by many autocratic rulers in the region. “His methods for suppressing civil society and political opposition have inspired other dictators, and his media manipulation has impacted most of Eurasia directly and extended to Europe and the United States,” Dr. Calingaert said. However, despite the grim situation, Mr. Kara-Murza voiced some optimism about the future. “Increasingly, the young generation in Russia – the very generation that grew up under Vladimir Putin – is demanding respect and accountability from those in power,” he said. Mr. Kara-Murza pointed to a wave of anti-corruption demonstrations that took place in dozens of cities across Russia in late March, with tens of thousands of people, mostly young protesters, taking out to the streets to demand the resignation of Prime Minister Dimitriy Medvedev. “This movement will continue. And these growing demands for accountability are the best guarantee that Russia will one day become a country where citizens can exercise the rights and freedoms to which they are entitled,” he added.
Death of OSCE Monitor in Eastern UkraineMonday, April 24, 2017
Mr. President, I was saddened to learn that an American member of the OSCE Special Monitoring Mission to Ukraine was killed this past weekend by a landmine. Joseph Stone was carrying out his dutiesin territory controlled by Russian-backed separatists. Two other members of the team—one from the Czech Republic and another from Germany—were injured. The Organization for Security and Cooperation in Europe controls these monitoring teams. They are comprised of unarmed civilians. The mission has been in the region since 2014, when, unfortunately, Russian-backed troops invaded Crimea. Had Russia lived up to the Minsk agreements and ceased supporting, directing, funding, and fueling separatists in this region, there would have been no need for the mission to continue. Sadly, that is not the case. This particular special monitoring mission currently fields roughly 700 monitors, with 600 of them in Donetsk and Luhansk. Those who are part of this mission are unarmed civilians. They serve as the eyes and ears for the world in the conflict zone. They report on the near-constant violations of the cease-fire, as well as reporting on humanitarian needs of the population. They play an essential role in the understanding of the situation on the ground, often under extremely difficult circumstances and, certainly, as we have seen with Joseph Stone, dangerous circumstances. As a member of the Armed Services Committee, I often hear from our top military leaders about the importance of the OSCE and the work being done by the special monitoring missions. In late March, for example, during a hearing of the Armed Services Committee, General Curtis M. Scaparrotti, commander of the U.S. European Command and Supreme Allied Commander in Europe, called attention to the good work of OSCE in the region and the work of the monitoring missions. He confirmed in his testimony that ‘‘Russia is directing combined Russian-separatist forces to target civilian infrastructure and threaten and intimidate OSCE monitors in order to turn up the pressure on Ukraine.’’ He also said, ‘‘Russian-led separatist forces continue to commit the majority of ceasefire violations despite attempts by the OSCE to broker a lasting ceasefire along the Line of Contact.’’ The tragic death of American Joseph Stone underscores the need for the OSCE monitors to have unfettered access across the front lines and across the border regions controlled by the separatists. This unfortunate tragedy is a result of this access not being granted. I commend the Austrian Foreign Minister, who serves as OSCE chair-in-office, for calling attention to this tragedy and calling for an immediate investigation into these events. Those who are responsible for the death of Joseph Stone and the injury of the two other monitors should be held accountable. Joseph Stone died serving his country by serving as a part of this international effort, and I extend my condolences this evening to his family and friends. I once again call on the Russian leadership to put an end to the cycle of violence and to live up to its OSCE commitments. As chairman of the Helsinki Commission, the U.S. part of the OSCE Parliamentary Assembly, I think it is important for Members of the Senate and for Americans to understand the important role that Americans are playing in this effort.
Background: OSCE Special Monitoring Mission in UkraineMonday, April 24, 2017
By Alex Tiersky, Global Security and Political-Military Affairs Advisor On April 23, 2017, the OSCE announced that a U.S. paramedic serving in the OSCE Special Monitoring Mission in Ukraine had been killed when his vehicle struck an explosive – likely a landmine – in separatist controlled territory in eastern Ukraine. Two other SMM personnel, from Germany and the Czech Republic, were also injured in the incident. What is the OSCE SMM? The Organization for Security and Cooperation in Europe (OSCE)’s Special Monitoring Mission (SMM) in Ukraine was established in 2014, to monitor implementation of the Minsk agreements designed to bring peace to eastern Ukraine. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia and Ukraine. Currently fielding roughly 700 monitors, nearly 600 of whom are in Donetsk and Luhansk regions, the SMM is an unarmed, civilian mission that serves as the international community’s eyes and ears in the conflict zone. The Mission has some notable achievements, including regular reporting on the near-constant ceasefire violations, as well as the humanitarian needs of the population struggling in the conflict zone. It has also sought to bring the sides together on weapons withdrawals and demining, as well as working towards agreements to fix power and water lines in the conflict area. However, Mission personnel face regular and sometimes violent harassment by combined Russian-separatist forces, who seek to limit the SMM’s access to the areas they control. The attacks have made the environment in which Mission personnel operate increasingly volatile and dangerous, a fact tragically underlined by the incident on April 23. In addition to this harassment, the SMM has faced limits imposed by the Russian-backed separatists including denial of access to the Ukrainian-Russian border, as well as jamming or downing of the OSCE’s unmanned aerial vehicles, critical tools for maintaining a clear operational picture. What is the U.S. Position? The United States supports the SMM and its monitors by providing personnel (roughly 75 Americans, making it the largest national contributor) and resources to the mission. The U.S. also supports the SMM by pushing Russia to end the separatists’ obstructions. Since the April 23 incident, the U.S. has reiterated its call for full implementation of the Minsk Agreements, particularly by the Russian-led separatist forces who are most responsible for the threats to the SMM. The U.S. has pushed for the sides to move towards a real and durable ceasefire, withdrawal of heavy weapons, and disengagement from the line of contact, as well as safe, full, and unfettered access throughout the conflict zone for the SMM monitors. The U.S. Helsinki Commission has consistently upheld Ukrainian sovereignty and territorial integrity, including through support of the efforts of the SMM in Ukraine, and called for full implementation of the Minsk Agreements, in particular underlining Russia’s responsibility in ensuring that the separatists make verifiable and irreversible progress on the implementation of the Minsk agreements. The latest incident must not only be fully investigated; it is a reminder of the urgent need for progress on full implementation of the Minsk Agreements, including a cease-fire and withdrawal of weapons.
Chairman Wicker on Death of OSCE Monitor in Eastern UkraineMonday, April 24, 2017
WASHINGTON—Following the death yesterday of a U.S. paramedic serving in the OSCE Special Monitoring Mission (SMM) in Ukraine when his vehicle struck an explosive – likely a landmine – in separatist-controlled territory in eastern Ukraine, Helsinki Commission Chairman Senator Roger Wicker spoke on the Senate floor this evening to condemn the incident; express his condolences to the family of the victim, Joseph Stone; and call for the Russian government to end the cycle of violence that resulted in yesterday’s tragedy. “Had Russia lived up to the Minsk agreements, and ceased supporting, directing, funding, and fueling separatists in this region, there would have been no need for the [monitoring] mission to continue,” Senator Wicker said. “[The monitors] play an essential role in the understanding of the situation on the ground, often under extremely difficult circumstances…the tragic death of American Joseph Stone underscores the need for the OSCE monitors to have unfettered access across the front lines and across the border regions controlled by the separatists,” he continued. “I commend the Austrian foreign minister, who serves as OSCE Chair-in-Office, for calling attention to this tragedy and calling for an immediate investigation into these events. Those who are responsible … should be held accountable. Joseph Stone died serving his country by serving as a part of this international effort, and I extend my condolences this evening to his family and friends. I once again call on Russian leadership to put an end to the cycle of violence and to live up to its OSCE commitments,” Senator Wicker concluded. The SMM was established in 2014 to monitor implementation of the Minsk agreements designed to bring peace to eastern Ukraine. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia, and Ukraine. Currently fielding roughly 700 monitors, nearly 600 of whom are in Donetsk and Luhansk regions, the SMM is an unarmed, civilian mission that serves as the international community’s eyes and ears in the conflict zone. It is the only independent monitoring mission in the war zone. The United States supports the SMM and its monitors by providing roughly 75 personnel and other resources to the mission.
By Chadwick R. Gore
CSCE Staff Advisor
Representatives of the OSCE participating States and a variety of non-governmental organizations met in Vienna, Austria, July 15 and 16 for a Supplementary Human Dimension Meeting on Election Standards and Commitments. The first of a multi-part process, the meeting was organized by the Office for Democratic Institutions and Human Rights in keeping with the December 2003 Maastricht Ministerial Council Decision on elections.
That decision tasked the ODIHR “to consider ways to improve the effectiveness of its assistance to participating States in following up recommendations made in ODIHR election-observation reports and inform the Permanent Council on progress made in fulfilling th[e] task.”
The decision also tasked “the Permanent Council, drawing on expertise from the ODIHR, to consider the need for additional commitments on elections, supplementing existing ones, and report to the next Ministerial Council.” The next Ministerial Council is scheduled for Sofia, Bulgaria, December 6 and 7, 2004.
However, several days prior to the Vienna meeting, the Permanent Representative of the Russian Federation to the OSCE Permanent Council, Ambassador Alexey N. Borodavkin, delivered an intervention to the Permanent Council presenting a Declaration by some member States of the Commonwealth of Independent States (CIS) “regarding the state of affairs within the OSCE.” The intervention presented a wide range of sharp criticisms of the OSCE, not the least of which was a supposed inability to “adapt itself to the demands of a changing world and ensure an effective solution of the problems of security and co-operation in the Euro-Atlantic area.” The Declaration went on to accuse the organization of interfering in internal affairs and failing to respect the sovereignty of States.
The OSCE was also accused of applying double standards and failing to take into account the realities and specific features of individual countries. Then Borodavkin laid what many believed to be the groundwork for the approach of countries associated with the Declaration to the SHDM:
These attitudes manifest themselves particularly in the work of the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), which mainly deals with monitoring and assessment of election results in participating States. This work of the ODIHR is frequently politicized and does not take into account the specific features of individual countries. For that reason, we believe it necessary to draw up standard objective criteria for assessments by the ODIHR and OSCE missions of election processes throughout the OSCE area.
Thus, as the attendees approached Vienna, many were expecting a classic stand-off between a group of former Soviet states, led by the Russian Federation, and at least the United States, if not many members of the European Union, over the role of election observation and the various commitments, especially provisions of the Copenhagen Document.
Hints of Russian dissatisfaction with the OSCE’s democracy promotion activity can be traced back to a terse statement issued by the Ministry of Foreign Affairs of the Russian Federation on August 1, 2000, the 25th anniversary of the Helsinki Final Act. “Attempts to turn it [OSCE] exclusively into an instrument of ‘democratizing’ individual states will only land the OSCE in an impasse. They are fraught with the danger of a retreat from the Helsinki principles and, in the end, the degradation of the Organization.
Opening remarks at the Vienna meeting were delivered by Ambassador Ivo Petrov, Chairman of the Permanent Council, and Ambassador Christian Strohal, Director of ODIHR. Strohal mentioned that there might be a need for new commitments to address future challenges regarding referenda, new technology and election standards from outside the OSCE. He thought there might be a need for additional commitments to further universal suffrage, increase transparency, enhance accountability of election and political authorities, and to maintain public confidence in the electoral process.
Alexander Veshnyakov, Chairman of the Central Election Commission of the Russian Federation, gave the initial keynote speech. Those waiting to see if the Russian Federation would continue the line of attack started at the July 8 meeting of the PC were not disappointed. Mr. Veshnyakov quickly pointed out that electoral standards and commitments need to be added to converge “our ideas for the democratic process and help remove possibilities of double standards. The democratic process can be used for anti-democratic means.” He then proceeded to point out that the Copenhagen Document must be fleshed out and rights need to be promoted, agreements since Copenhagen have been diverse and detailed, and despite shortcomings, the OSCE must be given its due for applying these standards.
Veshnykov cited the new “vector” in elections toward European-wide documents on standards in draft form in some twenty Central Election Commissions and that the adoption of the Code of Good Practice in Electoral Matters of the European Commission for Democracy through Law, also known as the Venice Commission, could be the source for a “Copenhagen II.”
Interestingly he lamented the lack of a “binding character” to the existing commitments and felt that making them binding with sanctions for the failure could be useful to help develop common goals.
The main complaint expressed was that each state should know precisely what has been agreed in such commitments: the current commitments are too vague, just a set of guidelines as opposed to standards, and thus have led to the development of double standards in both practice and election observation criteria.
Jean-Pierre Kingsley, the Chief Electoral Officer of Canada, was the second keynote speaker. He addressed several issues of common concern, such as the role of the media, control of money, and public versus private concerns. He contrasted the fundamental tension as between egalitarians and libertarians.
Three sessions were structured to address the key areas of ODIHR’s concerns to fulfill their Maastricht tasking: The OSCE/ODIHR 2003 Progress Report “Existing Commitments for Democratic Elections in OSCE Participating States”; implementation of existing OSCE commitments for democratic elections and follow up on OSCE/ODIHR recommendations; and, identification of possible areas for supplementing the existing OSCE commitments and potential need for additional commitments.
Moderators of the sessions were Steven Wagenseil, First Deputy Director of the ODIHR and Patrick Merloe, Senior Associate and Director of Election Programs, National Democratic Institute for International Affairs. Introducers, who presented the core content of each session in their remarks, were: Mr. Merloe; Professor Christoph Grabenwarter, Substitute Member of the Council on Democratic Elections, Council of Europe; Pentii Väänänen, Deputy Secretary General, OSCE Parliamentary Assembly; Mr. Kingsley; Jessie Pilgrim, Legal Expert; and, Jeno Szep, Advisor, Association of Central and Eastern European Election Officials.
The general thrust of each session was remarkably similar. It quickly became clear that there was a near consensus that while clarification of the details of a few of the existing commitments might be desirable, if not outright necessary, reopening the Copenhagen election commitments to debate was not necessary or desirable. Many delegations restated in various ways that those commitments, and those from all the other OSCE documents that have addressed elections, have created a body of obligations and guidance so fundamental and expansive that there is little new that can or ought to be added. Most interesting was the statement of the European Union that expressed the general opinion: “If we really need to consider if new commitments are necessary, if so, where?” The European Commission addressed the issue, “We don’t need a Copenhagen II, but maybe a Copenhagen Plus.”
However, a few speakers did mention specific areas of concern, and former Soviet states that are signatories to the aforementioned Declaration made comments of note.
Mr. Merloe saw the possibility to enrich, reinforce and amplify the existing commitments might be forthcoming, possibly at Sofia. He reminded the meeting that those areas critical to all elections are: establishing public confidence in the electorate; establishing universal equal suffrage; transparency at all stages; and, accountability of all authorities.
The opening statement from the U.S. Delegation reiterated these points, emphasizing that elections cannot be assessed solely by examining the technical aspects of voting, and transparency and accountability are absolutely essential components of democratic elections. Regarding the ODIHR election monitoring teams, the United States took the opportunity to underscore that:
[T]he U.S. does not see ODIHR’s election monitoring efforts as “politicized,” but rather as objective and based upon standards set out in the OSCE commitments stipulated in the 1990 Copenhagen Document and the 1991 Moscow Document and reaffirmed in the Charter for European Security adopted at the Istanbul Summit. Furthermore, the U.S. emphasized that ODIHR monitoring teams should not be seen as “interference in [a country’s] internal affairs,” but rather as an international resource, like the Election Assistance Commission that works domestically in the United States, which is available to countries that seek to improve public confidence in elections and uphold their OSCE commitments.
NGOs from the Russian Federation, Belarus, Uzbekistan, Kyrgyzstan and Ukraine (note: all States that signed the CIS Declaration) uniformly complained that their governments fail to fulfill the existing OSCE commitments. So why, they asked, would the OSCE need new commitments when governments fail to meet the existing ones?
By contrast, the government representatives of Belarus, Uzbekistan, Tajikistan, Kazakhstan and Armenia (all signatories of the CIS Declaration) complained that the Copenhagen commitments were more like guidelines than standards. Some said that the commitments should be obligatory instead of voluntary.
Mr. Väänänen pointed out that often when returning to a country a few years after observing elections and providing recommendations for electoral improvements the same problems remain. The attitude of the state leadership and the nature of the problems found are the crux of the problem (numerous comments regarding the need for political will in follow up to observation missions’ recommendations were made throughout the meeting).
Mr. Pilgrim discussed six issues of concern that need to be addressed. Public confidence is critical to the legitimacy of all elections. Electronic voting, which is becoming the norm, must produce a verifiable paper trail. Referenda or recounts must not be used to end or change a term of office as this practice is in direct conflict with the Copenhagen commitments. Observation is necessary to guarantee other criteria. Transparency includes public knowledge about the role of money, i.e. public disclosure of all funding and expenditures is necessary for public confidence. The protection of electoral rights – registration, party regulation, media access, etc. – while assumed, must be actively pursued.
An extensive discussion regarding electronic voting was held. The distinction between voting on an electronic device, such as a touch-screen device, versus E-voting over the Internet was made by Dr. Szep. The need for the electronic device to produce an auditable paper trail seemed universally accepted as a basic standard for use of such systems. However, the German Delegation described the degree of public skepticism and lack of confidence in electronic devices, and “that is why we’re going to stay on paper.” The primary problem with E-voting seems to be the lack of public trust, but there is hope that in time, with the improvement of technology and security software, this will change.
During the closing session, DeForest B. Soaries, Jr., Chairman of the U.S. Election Assistance Commission, expressed the general consensus of the meeting in the U.S. Delegation’s closing statement. Reiterating that the United States remains as committed as ever to the OSCE commitments laid out in the 1990 Copenhagen Document and in subsequent OSCE documents, he made clear the openness of the United States to ideas on how the OSCE election commitments, and especially their implementation, can be improved. However, he said, there is no need to re-open the Copenhagen commitments as they provide the guidelines and benchmarks necessary to achieve democratic, free, and fair elections.
Mr. Soaries pointed out that the OSCE does not yet have specific commitments related to the participation of internally displaced persons in electoral processes or concerning accountable, balanced, and impartial election administration, and a more systematic mechanism that might be considered for follow up to election observation missions’ recommendations.
Interestingly, the comments from the representatives of countries associated with the Declaration were quite benign and agreeable at the end of the session, emphasizing the forward-looking nature of the meeting.
Ambassador Strohal described the further steps in the process, noting that the ODIHR would be forthcoming with recommendations to the Permanent Council on any changes to the election standards and commitments in preparation for the Ministerial Meeting in Sofia in December.
The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.