A Parliamentary Perspective on the 30th Anniversary of the Charter of ParisThursday, December 03, 2020
On November 20, the OSCE Parliamentary Assembly (OSCE PA) and the French Delegation to the OSCE PA hosted a commemorative event celebrating the 30th anniversary of the Charter of Paris for a New Europe. Speakers reflected on the momentous document and discussed how to the OSCE can continue to provide value within today’s complex international framework. The Charter of Paris was signed by 34 heads of state and government during a Summit of the Conference on Security and Cooperation in Europe (CSCE) in the French capital from November 19 to 21, 1990. The political agreement charted a path forward following Cold War confrontation and ushered in a new era as states made an unprecedented commitment to domestic individual freedoms, democratic governance, human rights, and transnational cooperation. The agreement led to the institutionalization of the CSCE as well as the regularization of its meeting, setting the stage for the transformation of the ongoing conference to an organization, the OSCE, in 1995. This included the founding of the Parliamentary Assembly in 1991. As the Charter of Paris turns 30, speakers reflected on its history and expression of hope for unity, stability and peace – goals which seemed attainable at the time but appear more distant today. Ann Linde, the Minister for Foreign Affairs of Sweden and incoming OSCE Chairperson-in-Office, stressed the OSCE and OSCE PA’s critical role in resolving challenges that threaten the OSCE region’s collective security, such as Russia’s violation of Ukraine’s territorial integrity and the post-election crackdown in Belarus. OSCE PA President George Tsereteli said, “it is clear that we as politicians and parliamentarians need to work very hard.” He encouraged his colleagues to confront crises in democracy and strive to realize Charter of Paris commitments. Participants of the event acknowledged the need to strengthen participating States’ commitments to the charter’s ideals through cooperation and dialogue. These calls for action were within the context of current geopolitical conflicts, as well as an effort to find ways to reach consensus with Russia. “The OSCE has become the premier international organization promoting human rights… It is a proud record, but it’s a record that can be improved. The OSCE needs to work on openness, access to non-governmental organizations. But the problem within the OSCE states today is principally noncompliance of the states with the principles, not the deficiencies in the organization itself,” said Helsinki Commission Ranking Member and OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance, Sen. Ben Cardin. “Every state can do better,” Cardin said. “So, let us on this 30th anniversary of the Paris Charter remember our mission to build, consolidate, and strengthen democracies as the only system of government of our nations. You cannot be neutral in democracy.”
Ambassador Philip T. Reeker to Testify at Helsinki Commission Hearing on U.S. Engagement at the OSCEMonday, November 23, 2020
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: U.S. PRIORITIES FOR ENGAGEMENT AT THE OSCE Tuesday, December 8, 2020 10:00 a.m. Watch Live: www.youtube.com/HelsinkiCommission From urgent crises in Belarus and the Caucasus to the ongoing Russia-fueled war in Ukraine, all three dimensions of the Organization for Security and Cooperation in Europe (OSCE)’s definition of comprehensive security—military, economic and human—are under strain, while the organization itself has been weakened in its ability to respond to these crises due to several leadership vacancies. At the same time, OSCE participating States are dealing with the ever-increasing severity of the COVID-19 pandemic, which is taking a terrible toll on populations throughout the OSCE area. November marked the 30th anniversary of the Charter of Paris, which began the transformation from the original Conference on Security and Cooperation in Europe into today’s OSCE, the world’s largest regional security organization. Following the OSCE Ministerial Council meeting taking place December 3 – 4, 2020, Ambassador Philip T. Reeker will brief the Commission on the results of the meeting and discuss U.S. Government priorities at the OSCE moving forward.
Chairman Hastings Regrets U.S. Withdrawal from Open Skies TreatyFriday, November 20, 2020
WASHINGTON—With the Trump administration slated to complete its withdrawal from the Treaty on Open Skies on Sunday, November 22, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “While it appears the Open Skies Treaty will survive the Trump administration’s withdrawal, the absence of U.S. leadership from this crucial treaty regime is a stiff blow to transatlantic security. I look forward to the Biden administration’s renewed dedication to working closely with our allies to promote transparency and predictability in Europe. I call on the next administration to explore how to reengage in the Open Skies Treaty.” The Open Skies Treaty was designed to increase transparency, build confidence, and encourage cooperation among the United States, Russia, and 32 other participating states (including much of Europe as well as partners like Ukraine and Georgia), by permitting unarmed observation aircraft to fly over their entire territory to observe military forces and activities. On May 22, 2020, the United States provided notice of its decision to withdraw from the Treaty. In support of the treaty, Chairman Hastings successfully amended the 2021 National Defense Authorization Act (H.R.6395) to include the sense of Congress that the Trump Administration’s decision to withdraw from the treaty did not comply with a legal requirement to notify Congress; did not assert that any other treaty signatory had breached the treaty; and was made over the objections of NATO allies and regional partners. The measure also expressed support for confidence and security building measures like the Open Skies Treaty, because they reduce the risk of conflict, increase trust among participating countries, and contribute to military transparency and remain vital to the strategic interests of America’s NATO allies and partners. Chairman Hastings had previously condemned the Trump administration’s decision to withdraw from the Treaty on Open Skies. In November 2019, the Commission hosted a joint hearing with the House Committee on Foreign Affairs on the importance of the Open Skies Treaty, emphasizing its critical role in security and stability in Europe.
The OSCE Celebrates 30 Years of the Charter of ParisFriday, November 20, 2020
By Emma Derr, Max Kampelman Fellow November 21, 2020, marks the 30th anniversary of the Charter of Paris for a New Europe, a groundbreaking document of the Conference on Security and Cooperation in Europe (CSCE). The charter was signed by 34 heads of state and government during a CSCE Summit in the French capital from November 19 to 21, 1990. The political agreement charted a path forward following Cold War confrontation and division caused by Soviet domination in the east. It ushered in a new era as states made an unprecedented commitment to domestic individual freedoms, democratic governance, human rights, and transnational cooperation. By institutionalizing the CSCE as a platform to realize peace and security, this process transformed the multilateral Conference into the Organization for Security and Cooperation in Europe (OSCE), which today is the world’s largest regional security organization, comprising 57 participating States. The charter states, “Europe is liberating itself from the legacy of the past. The courage of men and women, the strength of the will of the peoples and the power of the ideas of the Helsinki Final Act have opened a new era of democracy, peace and unity in Europe.” Known by many as the “Helsinki Process,” both the CSCE and its OSCE successor have been based on ten principles guiding relations between participating States, enshrined in the Helsinki Final Act. The charter marks a triumph of the comprehensive definition of security these principles represent and a moment of unity, which participating States hoped to maintain through enhanced cooperation. During the OSCE’s three-session Security Days event in October “Revitalizing Trust and Co-operation in Europe: Lessons of the Paris Charter,” former U.S. Secretary of State James A. Baker III, who played a leading role in the charter’s formation, recalled signing the agreement as an “optimistic, almost festive event.” “It encapsulated so much that was positive about the process that had begun with the Helsinki Final Act in 1975,” he said. “It envisioned a new and inclusive continent based largely on western values, particularly the value of democracy.” The Enduring Value of the OSCE Since 1990, the OSCE has acted as a forum for political dialogue and a platform for joint action across North America, Europe, and Asia through its institutions, structures, and field operations. As its occupation of Crimea and military intervention in Eastern Ukraine have led to Russia’s isolation and sanctions by the United States and others in recent years, the OSCE is one of the few remaining multilateral forums for American diplomats to directly engage with their Russian counterparts. As an organization promoting the principles of democracy and as a forum for conflict resolution, the OSCE is a valuable tool to hold authoritarian regimes accountable throughout the region, which stretches from Vancouver to Vladivostok. Chairman of the U.S. Helsinki Commission Rep. Alcee L. Hastings and U.S. Ambassador to the OSCE James S. Gilmore III see the OSCE as a forum where the United States remains engaged and committed to the ideals cemented in the Charter of Paris. “Through the OSCE, the United States directly confronts the deceit of Russia and other authoritarian powers. By raising our voices, through our participation and leadership, we reassure our friends that the United States stands with them and supports our shared values against the growing tide of autocracy,” Rep. Hastings and Amb. Gilmore stated in an August 2020 op-ed. The organization continues to play a critical role in regional conflicts in and amongst participating States. The OSCE’s Special Monitoring Mission (SMM) to Ukraine is the only independent observer group with a permanent presence in the war zone. “The OSCE’s broad membership and comprehensive definition of security make it an ideal platform to advocate for our interests in a vital region,” stated Helsinki Commission Co-Chairman Sen. Roger Wicker and Ranking Member Sen. Ben Cardin in a 2018 article describing the OSCE’s timeless value. “Its institutions remain singularly placed to moderate regional conflicts, promote respect for human rights, and safeguard essential elements of democracy.” The OSCE operates field missions in 13 participating States with the goal of supporting the development of host countries’ democratic institutions, legal frameworks, and ability to meet various human rights, media freedom, and policing commitments. OSCE field mission staff are praised by Carnegie Europe Senior Fellow Thomas de Waal as “some of the unsung heroes of Europe’s darkest corners.” The Charter of Paris articulated a new era of economic commitments, and the OSCE provides frequent opportunities for representatives of OSCE governments to discuss best practices concerning free market economies, economic cooperation and environmental issues. The OSCE also organizes international election observation missions to transitional and well-established democracies alike, observing and reporting on adherence to democratic election commitments. New Challenges Much has changed since the end of the Cold War, and the anniversary of the charter provides an opportunity to renew commitments to cooperation and examine how the OSCE will meet current and emerging challenges. During October’s Security Days event, former OSCE Secretary General and former High Commissioner on National Minorities Ambassador Lamberto Zannier called for reinvigorated political support and investment by participating States to enable the OSCE to continue its vital work. He cited the post-Soviet transition in Ukraine and Serbian elections in Kosovo as examples of these efforts. During his remarks at the event, Baker concluded that in this spirit, the OSCE can find new methods of cooperation to meet 21 century challenges. “Our message should not be much different than it was three decades ago,” he said. “States should fulfill the promises they made in the Paris charter 30 years ago.” The 30th anniversary inspired other webinar discussions, such as IFSH Hamburg’s Event, “30 Years Charter of Paris: Lessons for Pragmatic Cooperation in the OSCE Area,” which discussed the strengths and weaknesses of the Charter of Paris, as well as potential reforms to the OSCE. The Stockholm International Peace Research Institute (SIPRI) also engaged in the anniversary and hosted the event “(Dis)functional International Security Institutions? The Organization for Security and Cooperation in Europe (OSCE) Today.” The OSCE’s Parliamentary Assembly and the French Delegation to the Assembly held an online, public discussion “The 30th Anniversary of the Charter of Paris: A Parliamentary Perspective,” on November 20, which discussed how to the OSCE can continue to provide value within today’s complex international framework. Finally, on November 20, the Woodrow Wilson Center in cooperation with the U.S. Helsinki Commission also hosted an event, “Marking the 30th Anniversary of the Charter of Paris for a New Europe - Europe Whole and Free: The Future of the OSCE.” The discussion included the U.S. Helsinki Commission’s Ranking Member Sen. Ben Cardin and Commissioner Rep. Robert Aderholt, as well as other leading voices on European security and cooperation. Photos Courtesy of the Ministry of Foreign Affairs of France
OSCE ELECTION OBSERVERS RELEASE 2020 PRELIMINARY FINDINGS ON THE UNITED STATES GENERAL ELECTIONSFriday, November 13, 2020
By Emma Derr, Max Kampelman Fellow and Robert Hand, Senior Policy Advisor The U.S. election system has passed the “extreme stress test,” according to the head of the 2020 general election observation mission organized by the Organization for Cooperation and Security in Europe. International observers representing 39 OSCE participating States presented their preliminary conclusions at a press conference on November 4, 2020 in Washington D.C. The observation mission is a joint effort between the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the OSCE Parliamentary Assembly (PA). Ambassador Urszula Gacek of Poland, who led the ODIHR observers, said the U.S. electoral system had been subjected to an “extreme stress test” this year due to COVID-19 and the polarized political climate. While announcing the mission’s findings, she concluded, “The American electoral process appears to have passed that test.” Observers deliver the post-election statement in Washington D.C. Photo courtesy of the OSCE PA. In 1990, all OSCE participating States pledged to hold free and fair elections and to invite international observers. To meet this OSCE commitment, in March 2020 the U.S. Department of State invited the OSCE to observe the November 3 elections. As part of the OSCE election observation process, the observers focus their reporting on issues such as legal framework, election administration, new voting technologies, campaign environment and finance, and coverage of elections by media. Recommendations are then issued to improve the electoral processes to benefit citizens. “The United States is leading by example, showing that election observation is a way to promote democracy both at home and abroad,” said OSCE Parliamentary Assembly member Michael Georg Link, who served as Special Coordinator and leader of the short-term observer mission. This is the ninth election the OSCE has observed in the U.S. since 2002. The OSCE began its work during the summer of 2020 by conducting a comprehensive review of the electoral process. A Needs Assessment Report was published in July, which recommended observation. Once the core team of the observation mission was deployed, an Interim Report was released in October. Head of OSCE PA election observation mission Kari Henriksen in Ann Arbor, Michigan in October. Photo courtesy of the OSCE PA. The Needs Assessment Report noted “the conduct of these elections will be the most challenging in recent decades” and that “in a highly polarized environment, there is an increased need for external and independent overview of the electoral process, including of the election day proceedings.” ODIHR sent a limited election observation mission (LEOM) to the United States on September 29, which included observing early voting. The core team was comprised of eleven experts from ten participating States, led by Gacek. On election day, 50 observers were deployed by ODIHR, alongside 65 observers that included parliamentarians and support staff from the OSCE PA, to 30 states and the District of Columbia. Michael Georg Link and Andreas Nothelle speak with a poll worker at a polling station in Washington D.C. on Election Day. Photo courtesy of the OSCE PA. Despite the challenges, the OSCE team was confident it produced a thorough, impartial, fact-based assessment. As Link noted, the OSCE’s role is not to draw a “thumbs up, thumbs down” political conclusion or compare results to other countries or even to previous elections in the same country. The mission hopes to foster post-election dialogue about its recommendations, and a final report is expected in January 2021. All OSCE election observation reports are accessible on the OSCE website. Findings Overall Assessment The OSCE’s Preliminary Report concluded that the November 3, 2020 general elections were free and fair, as well as “competitive and well managed despite legal uncertainties and logistical challenges.” It also noted that the pluralistic and diverse media provided comprehensive coverage of the campaign. Freedom of expression was respected, and a wide range of available election-related information enabled voters to make an informed choice. Early and postal voting was significantly expanded, allowing for higher voter participation amid the COVID-19 pandemic. The work of election administration under difficult circumstances “enjoyed general confidence.” The elections were “extensively observed” by both partisan and non-partisan citizen observers, which increased the transparency of the election process. The preliminary report stated, “Election day was orderly and took place in a peaceful atmosphere without unrest or intimidation. Mitigating measures against the pandemic were generally in place and followed.” Any interruptions at polling places due to problems with voting equipment were quickly addressed. Political Polarization The 2020 presidential campaign was characterized by deep political polarization. During the year, controversy arose regarding the conduct of elections amid the COVID-19 pandemic which took hold in February and March. The death of George Floyd in Minneapolis in late May elevated calls for racial justice, leading to peaceful protests as well as confrontation and instances of violence. The OSCE/ODIHR Election Observation Mission 2016 Final Report said that the last presidential campaign was characterized by harsh personal attacks and intolerant rhetoric by one candidate, a trend that continued in 2020. This year’s preliminary findings highlighted the incumbent president’s “discriminative and pejorative statements” and also noted that “the two leading presidential candidates accused each other of corruption, fraud, working for foreign interests, an inability to lead, and support for extremist groups.” Overall, the international election observers concluded that this rhetoric shifted the focus away from policies and party platforms and toward negative campaigning. Legitimacy of Elections The 2020 Interim Report noted that many ODIHR election observers expressed concerns about the “the incumbent President’s repeated allegations of a fraudulent election process and postal vote in particular.” This led to concern over public trust in the process and outcome as well as the potential for political violence in the aftermath of elections. At the November 4 press conference, Link stated that “baseless allegations of systematic deficiencies, notably by the incumbent President, including on election night, harm public trust in democratic institutions.” Link and Gacek both said that the OSCE’s observations will be ongoing as the votes continued to be counted. “Nobody – no politician, no elected official – should limit the people’s right to vote. Coming after such a highly dynamic campaign, making sure that every vote is counted is a fundamental obligation for all branches of government,” said Link. Alternative Voting The preliminary findings indicate “an unprecedented volume of litigation over voting processes in the months before the elections, with over 400 lawsuits filed in 44 states.” The report states that such litigation, focusing on minimizing the COVID-19 health risks of in-person voting, created uncertainty and placed undue burden on voters and election officials. Despite these obstacles, opportunities to vote early were expanded due to the pandemic. The interim report said that even though there was concern over the level of preparedness of election officials with minimal exposure to postal votes, many states allowed absentee ballots to be processed before election day and allowed voters to correct mistakes that may have otherwise led to ballot rejection. According to the preliminary report, “Early voting was conducted in-person in 39 states and the District of Columbia, with voting periods ranging from 45 to 3 days. Long queues were reported in a number of states. All states provided voters with the option to cast a postal ballot…By election day, more than 100 million voters had already cast their votes.” The OSCE observed the processing and handling of postal ballots and reported no indication of systemic problems or issues. Secrecy of the vote is not guaranteed by all states for postal and out-of-country electronic voting, which the report—in line with several previous EOM reports—notes does not align with OSCE commitments. Election Observation On election day, the OSCE observed the election process and visited a limited number of polling stations. According to the preliminary report, “Election day was observed by numerous partisan and non-partisan citizen observers across the country, with rights and responsibilities ranging from observing signature and ballot verification to challenging the eligibility of a voter or of individual ballots.” Gacek lauded the enormous effort made by election workers and citizens working the polls, as well as a record voter turnout amidst pandemic challenges and legal uncertainty. “We were received very favorably -- made to feel very welcomed,” said Gacek. Five states and the District of Columbia permit observation by international observers by law, and eighteen states restrict observation. During the press conference, Link noted that there are a number of states where international election observers are not allowed inside polling premises. The OSCE has noted these restrictions since its 2004 report. Link said that he hoped state laws would be amended to allow for international observer access, as the current restrictions are not in line with OSCE commitments. However, Article 1 of the U.S. Constitution devolves the responsibility to conduct elections to the states. As a part of this power, each state has different laws about election observers. Some do not allow international election observers into polling places. Other states do, but most are silent on the matter, leaving it to the discretion of election officials. Disenfranchisement Disenfranchisement has been an issue raised by OSCE election observation missions since 2008. For example, the OSCE noted that U.S. residents of the District of Columbia and overseas territories do not have voting representation in Congress. Also, an estimated 5.2 million citizens are not permitted to vote due to criminal convictions, even after serving their sentence. The OSCE notes that this restriction disproportionately affects African Americans and violates the principles of universal suffrage. Voter Registration and Identification As stated in previous reports of OSCE election observation missions to the United States, 2020 observers concluded in the “Statement of Preliminary Findings and Conclusions” that voter registration and identification requirements can be unduly restrictive for certain groups of citizens, such as Native Americans and low-income citizens. Identification documents are required in 34 states. Campaign Finance Since 2008, OSCE reports on U.S. elections noted a high level of campaign spending; this year, the mission estimated that campaign expenditures were expected to reach $14 billion. OSCE concerns include campaign finance laws that facilitate a lack of donor transparency and unlimited spending of Super PACs.
Remarks from Sen. Cardin Concerning Election Observation and Vienna Terrorist AttackThursday, November 12, 2020
Statement at the OSCE Parliamentary Assembly Meeting of the Standing Committee Mr. Secretary General on behalf of the U.S. Helsinki Commission, let me congratulate our president, our secretary general, and leadership of the OSCE parliamentary assembly. I know I am joined by Senator Roger Wicker, our vice president, and Congressman Richard Hudson the Chair of the First Committee in congratulating you on the manner of which you have adjusted to this pandemic, so that the Parliamentary Assembly can deal with the challenges of our time. Whether hot spots or dealing with the pandemic, I believe the OSCE Parliamentary Assembly has adjusted to this crisis and has been extremely relevant. So first, our congratulations to you for a job very well done. “A fundamental function of any democracy is ensuring that citizens are able to vote and know that their vote will be counted.” That was a quote from our former president Alcee Hastings. I send you greetings from Alcee, who is undergoing treatment and could not be on the call today. I know and I ask that we all keep him in our prayers, as he is dealing with his health concerns. I want to thank as the Secretary General has pointed out, those who have been involved in the election observation missions. It is not easy to cross the Atlantic and observe an election in the United States, and I thank you all for your participation in our election. I had the chance to address the parliamentarians through video when they were here, and we very much appreciate the fact that they really added to the importance of the observation role of the OSCE Parliamentary Assembly. So, congratulations to all who participated. We are very proud of our democracy in the United States. We recognize that no democracy is perfect. We all need to be on a path towards improvement, and as the Special Representative on Anti-Semitism, Racism, and Intolerance of the Parliamentary Assembly, I am particularly sensitive to the use of racial and religious tropes to try and influence votes or when some try to disenfranchise those who are eligible to vote. Areas in which we can use some improvement. So, we obviously are monitoring such issues very closely in all of our participating States, including in the United States. I have introduced legislation to deal with some of these issues on disenfranchisement and to deal with other issues on intimidation. But I think we can all acknowledge that the overwhelming participation of Americans of all backgrounds in our election demonstrates the continued vibrancy of our democracy. And again, I thank you all for your observations and I can assure you that we are going to continue to try and improve in America and help all the states within the OSCE in their free and fair elections. I do want to acknowledge the horrendous terrorist attack and offer our condolences for what happened in Vienna - the home of the OSCE – on the street outside the synagogue that survived Kristallnacht. It is a particular concern that we all recognize that the victims came from various faiths and ethnicities. And it just recalls Mr. President, that in 2016 at our annual meeting, the United States offered a supplemental item - a call for OSCE action to address violence and discrimination - so that we deal with the concerns of what we see in healing and guarding against prejudice and discrimination. As your Special Representative charged with this function, I want to suggest that we revisit that resolution, and I particularly want to thank you for your support of the mission of special representation on behalf of the OSCE Parliamentary Assembly through your actions and statements in the forums that have been held during this pandemic because you recognize the pandemic does add pressure to these types of issues. Thank you very much for your support. I am proud to represent the Parliamentary Assembly in this area.
Coronavirus in the OSCE RegionFriday, October 30, 2020
By Emma Derr, Max Kampelman Fellow A novel coronavirus was first identified in Wuhan, China in December 2019. Termed COVID-19, the disease spread rapidly around the globe. As of October 2020, 1.18 million people have died from COVID-19, and over 227,000 of these deaths have occurred in the United States. COVID-19 is one of the most devastating public health crises since the Spanish Flu of 1918. From hospital beds to protective gear, governments across the world face significant challenges in combating its morbidity and death rates. In addition to the domestic coronavirus policies implemented at the national level, multilateral organizations such as the Organization for Security and Cooperation in Europe (OSCE) have taken their own steps to curb the vast negative impacts of the novel coronavirus. Examples of Coronavirus Policy Responses across the OSCE Region Countries in the OSCE region have developed a wide variety of policies to combat the significant public health, political, and economic challenges caused by the coronavirus. As the number of cases has surged or declined in various countries, coronavirus restrictions are changing on a weekly basis. In most countries, policies exist at a national level, and many countries have also imposed regional restrictions. In the United States, state and local authorities impose their own restrictions. The varying responses of the United States, Sweden, France, and Turkmenistan illustrate the many coronavirus policy differences that exist in the OSCE region. The scientific publication “Our World in Data,” in collaboration with the University of Oxford, created a “Government Response Stringency Index” using nine response indicators, including school closures and travel bans. With 100 as the strictest ranking, the index currently ranks the United State at 62.5, France at 46.76, and Sweden at 37.04. Turkmenistan is not on the index. Government Response Stringency Index as of October 28, 2020. Graphic courtesy of Our World in Data. United States In the United States, federal action largely has been confined to restrictions on international travel and immigration, with state governors enacting their own policies concerning closures and restrictions. State policies differ in scope and timeline but most center around issues such as face mask requirements, the number of people who can gather, health guidelines for business operations, social distancing measures, state travel restrictions and quarantine orders, restaurant and bar capacities, prohibitions on non-essential medical procedures, and in-person or online school decisions. Local officials, such as state health officers and mayors, have also imposed restrictions at the county or city level, sometimes in conflict with more or less stringent state-level guidance. State restrictions change rapidly, but the New York Times has created a map with up-to-date state data and policy actions. France The French government first locked down the country on March 17, requiring citizens to provide travel permits when leaving their homes. In May, France began to gradually reopen schools and public transport at the same time as other European countries, such as Belgium and Spain, eased restrictions. Masks are mandated on public transit and recommended when social distancing guidelines cannot be followed. According to France’s government website, as of October, local curfews were imposed in the Paris region, as well as eight other cities. These changes arrive amid a European “second wave,” which includes a spike in coronavirus cases in France. On October 29, another lockdown was announced and is expected to extend until December 1. All nonessential travel outside the home is strictly prohibited as it was with the first lockdown, but this time around, schools will remain open. Sweden In the spring of 2020, Sweden kept its borders open, and became one of the few OSCE participating States that did not go into lockdown. Instead, gatherings of over 50 people, sporting events, and visits to nursing homes were prohibited; bars, restaurants and schools remained open. The general advice issued by the Public Health Agency of Sweden reminds citizens to stay at home when experiencing symptoms, wash their hands regularly, and socially distance from one another. The agency does not recommend face masks in public spaces. Due to its high per capita death rate, Swedish health officials recently released national restrictions on nightclubs, as well as other regional measures. On October 26, new local guidelines were introduced in Uppsala and Malmo, where cases have been increasing. Residents were told to avoid public transport and to only socialize with people within their households. Turkmenistan Turkmenistan is the only OSCE participating State to deny that it has been affected by COVID-19. There is significant doubt both in the international community and among Turkmen NGOs that this is the case. There have been numerous deaths of high-level government officials and people in prisons reportedly due to “pneumonia.” Humanitarian concerns have been raised as patients with COVID-19 symptoms have been overwhelming hospitals. Although the World Health Organization visited the country and did not directly contradict the official narrative, following the visit, Turkmen authorities imposed “preventive” restrictions similar to those in other countries. The country has restricted travel and border crossings; closed restaurants, shopping malls, theaters, and parks; and mandated the use of masks and social distancing in public. OSCE Action The Organization for Security and Cooperation in Europe (OSCE) is the world’s largest regional security organization with 57 participating States. Leaders of OSCE institutions and offices have stated their continuing commitments to OSCE principles and stress the importance of unity and solidarity as its nations fight to control the pandemic. “Now is the time for unity. The COVID-19 virus does not distinguish between peoples or countries; its threat is universal. This underscores that security is common, comprehensive and indivisible,” said the Chair of the OSCE Permanent Council Igli Hasani and his colleagues in a letter earlier this year. The OSCE seeks to provide leadership through guidelines and policy recommendations that address the challenges presented by the novel coronavirus. The organization has also been active in examining the economic, environmental, and security implications of the coronavirus across the OSCE region. “In today’s highly interconnected world, it is necessary to have strong solidarity and a cooperative approach at all levels: community, state, regional, and global,” stated Vuk Zugic, OSCE Coordinator of Economic and Environmental Activities. Minority Groups and Vulnerable Populations On the Helsinki on the Hill podcast “Communities at Risk,” Ambassador Lamberto Zannier, the former OSCE High Commissioner on National Minorities and a current OSCE PA High-Level Expert, spoke about providing protection for the most vulnerable during this health crisis. “We felt that the issue of protecting the diversity of the society and ensuring that all social groups are included in the policies, and there is an equal treatment for all, was not at the forefront of the concerns of many governments,” he said. “We started to see problems of discrimination. We started to see problems with hate speech. We started seeing problems with access of some of the population to basic services.” In March, as OSCE High Commissioner on National Minorities, Zannier released recommendations for short-term responses to COVID-19 to support social cohesion in OSCE states, and in April, the HCNM released a full set of policy recommendations that call on countries to take into account diversity when implementing state emergency measures, such as providing public services and media communications in minority languages. Voting and Elections The OSCE Office for Democratic Institutions and Human Rights (ODIHR) is mandated to address issues related to democracy, human rights, and rule of law, including freedom of the press, freedom of movement, and democratic elections. ODIHR released a report in October outlining best alternative voting practices in the context of COVID-19, focusing on secrecy, equality, and universality. Human Trafficking ODIHR also conducted an empirical survey of survivors of human trafficking and issued a report in June that examined the impact of COVID-19 on human trafficking trends and recommended how OSCE states could respond. According to OSCE PA Special Representative on Trafficking in Persons and former Helsinki Commission Chair Rep. Chris Smith, “The COVID-19 pandemic has increased the vulnerability of children to becoming victims of trafficking and sexual exploitation. Today, with most schools closed, children are spending more of their time online where they are vulnerable to being groomed by sexual predators and lured into trafficking situations. One way we can fight this and protect our children now is by education to keep them safe online and by developing age-appropriate training tools for children, parents and educators.” Parliamentary Diplomacy The OSCE Parliamentary Assembly (OSCE PA) has hosted several webinars focused on the effects of the coronavirus on human rights and democracy. The webinar titled “COVID’s impact on conflicts in the OSCE region” addressed obstacles to conflict resolution, humanitarian aid efforts, and implementation of the fundamental principles agreed to under the Helsinki Final Act. Helsinki Commissioner and Chair of the OSCE PA General Committee on Political Affairs and Security Rep. Richard Hudson attended the discussion and stated his concern over “the COVID-19 pandemic and its potential to further inflame existing conflicts in the OSCE area or potentially generate new ones.” He said it was important for the Parliamentary Assembly to stay informed on the OSCE’s role in the conflict cycle, specifically in Ukraine and Georgia. Other speakers emphasized his message and noted that people in conflict zones are on one of the most dangerous frontlines of the pandemic. In May, the OSCE PA hosted a webinar titled “Respecting Human Rights and Maintaining Democratic Control During States of Emergency.” In his comments, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) emphasized the importance of protecting fundamental freedoms. “I am sorry, but not surprised that some governments have taken the need for emergency measures as an opportunity for repressive measures,” he stated. “Hungary is the only OSCE participating State that does not have a sunset clause for the expiration of its emergency measures or requiring parliamentary approval for an extension. Parliamentary oversight is absolutely essential, especially when governments seek to exercise extraordinary powers.” During the webinar, Sen. Ben Cardin (MD), Helsinki Commission Ranking Member and the OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism, and Intolerance, also addressed concerning aspects of COVID-19 emergency responses. “Emergency provisions which restrict freedom of speech or freedom of the media are especially concerning and may actually undermine our efforts to address this health emergency. We need to ensure that journalists, medical professionals, scientists and others can provide the public with information we need to battle COVID,” he said. OSCE Field Missions OSCE field missions have been actively adapting to support host countries’ needs during this pandemic. Since April, several missions have helped to provide medical supplies and equipment to their host countries. The OSCE Presence in Albania, a field operation that cooperates with Albania’s Border and Migration Police, donated medical supplies to Albania’s Border Police in May. The team also visited border crossing points to assess existing protocols. The OSCE Programme Office in Dushanbe provided protective gear and sanitizing supplies to its partners in Tajikistan, and the OSCE mission to Montenegro delivered food and hygiene products to support the country’s Red Cross. Handover of personal protective equipment to Regional Health Administration of Gorno-Badakhshan Autonomous Region on July 25, 2020. (Photo courtesy of OSCE/Umed Qurbonov) The OSCE has also facilitated online medical trainings for border officials in Turkmenistan and donated IT equipment to the Canton 10 Ministry of Education to support Bosnia and Herzegovina. The Special Monitoring Mission in Ukraine has been impacted by the pandemic by restrictions on mission member movement, but the mission nevertheless continues to be a key international actor in the country, informing on developments in the conflict areas of Donetsk and Luhansk.
Hastings and Wicker Call for Free and Fair Elections, Anti-Corruption Action, and Protection of Human Rights in KyrgyzstanTuesday, October 27, 2020
WASHINGTON—In response to the tumultuous change of power in Kyrgyzstan, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Kyrgyzstan should ensure that changes to its electoral system adhere to the rule of law, are transparent, and allow for input from civil society. Its citizens, many of whom took to the streets in protest over allegations of vote buying and corruption during the annulled October 4 parliamentary election, should have confidence that the system is fair and that new elections are conducted properly and reflect the will of the people. “For the country to move forward, authorities should seriously address endemic corruption and protect private businesses and foreign investment. We are also disturbed by reports of pressure and harassment directed toward political opposition, human rights activists, and journalists. We urge Kyrgyzstan to ensure that human rights are protected during this difficult time, including the rights of persons belonging to ethnic minorities. “We believe that the Organization for Security and Cooperation in Europe could play an instrumental role in assisting Kyrgyzstan with any electoral or constitutional changes, as well as preparations for and observation of new elections. It also could support the role of civil society and independent media. Kyrgyzstan should take full advantage of this possibility.” What started as a popular revolt by youth and opposition groups over fraudulent elections on October 4 and endemic corruption resulted in the resignation of President Jeenbekov and the installation of Sadyr Japarov as both Kyrgyzstan’s acting president and prime minister. OSCE election observers concluded that the October 4 parliamentary election “was competitive and candidates could, in general, conduct their activities freely” but “credible allegations of vote buying remain a serious concern” and “a number of controversial CEC decisions raised questions about its impartiality.” The country will hold both new parliamentary and new presidential elections. Presidential elections have been scheduled for January 10, but the timing for parliamentary elections remains unclear. Parliament has already made some changes to the electoral code and is discussing further reform. Japarov announced that he would step down as president in December to allow him to run for president and thereby get around a constitutional provision that bans the acting president from doing so.
OSCE representatives, community leaders share urgent proposals to combat discriminatory police violenceMonday, October 12, 2020
On October 6, 2020, the OSCE Office of the High Commissioner on National Minorities, in cooperation with the Helsinki Commission, convened “Policing in Diverse Societies: Principles and Good Practices.” The webinar, which provided an opportunity to exchange knowledge, challenges and best practices, attracted over 100 attendees including practitioners, parliamentarians, and other representatives of the OSCE participating States. Christophe Kamp, officer-in-charge of the OSCE High Commissioner on National Minorities, opened the online event, one of several taking place ahead of next year’s 15th anniversary of the 2006 Recommendations on Policing in Multi-Ethnic Societies. Participants assessed the continued relevance and operational applicability of these guiding principles, as well as how best to further their scope. Senator Ben Cardin, Helsinki Commission Ranking Member and OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, highlighted relevant legislation that has been introduced in the U.S. and focused on law enforcement reform as a way forward following protests over discriminatory, aggressive policing. “From Russia to Canada, our country is not alone in confronting issues of discriminatory policing and racial justice in the region,” he noted. “Working together with the High Commissioner’s office and other OSCE institutions, we can strengthen efforts to ensure that racial justice and the protection of human rights for all as enshrined in the Helsinki Final Act.” Ambassador Lamberto Zannier, a high-level expert for the OSCE Parliamentary Assembly and former OSCE High Commissioner on National Minorities, underscored the role of police violence in interethnic conflict and instability in societies. He discussed protests that erupted across the OSCE region following the tragic death of George Floyd and how aspects of the OSCE, such as its Police Matters and Tolerance and Non-discrimination units, could be instrumental in reducing conflict in the region. Other speakers included Hilary O. Shelton of the NAACP, who emphasized the urgent need to implement cultural sensitivity and awareness training for police forces. He said this training could decrease discrimination, combat stereotypes, and foster relationships between law enforcement and communities. Anina Ciuciu, community organizer of Collective #EcolePourTous, highlighted the need for structural changes in France to address police violence and brutality and noted continuing incidents between police and Romani communities. She shared that on average, minorities are “20 times more likely to be checked by police, and three times more likely to be brutalized by police.” Nick Glynn, senior program officer with Open Society Foundation and a former UK police officer, called for increased diversity in law enforcement, an expansion of community policing and demilitarization of police to address the multifaceted problem. Ronald Davis of the Black National Organization of Black Law Enforcement Executives cited the need for systematic changes in law enforcement, including changes in police culture. Alex Johnson, U.S. Helsinki Commission Chief of Staff, moderated the discussion and detailed the history of law enforcement in the U.S. “The policing system from a perspective of personnel and practice should reflect the diversity of their societies, be it linguistic, ethnic, racial, religious, or any other identity,” he concluded.
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What’s Washington’s role in Belarus?Tuesday, October 06, 2020
The United States should lift up Belarusian civil society, according to experts, and slap tougher sanctions on mid-level government officials abusing protestors. The Trump administration should widen sanctions against human-rights abusers in Belarus and ramp up support for civil-society groups monitoring president Alexander Lukashenko’s crackdown, according to former State and Treasury department officials. Lukashenko purged his political opponents from the ballot in mid-August and unleashed security forces against civilians protesting the election. The crackdown has not cowed Lukashenko’s opponents, who have called for his ouster every weekend for the past two months. Over 100,000 people protested in Minsk on Sunday. The United States penalized senior members of Lukashenko’s inner-circle last week in an effort to push the embattled leader to negotiate. The State Department announced in September that the United States no longer recognizes Lukashenko’s government, and coordinated the sanctions with wider penalties from Europe. Both the Trump administration and European Union officials could be doing more to support the protestors, experts told National Journal. “I think both the U.S. and the EU need to go much further than they have so far, in terms of the number of people that they sanction,” said Michael Carpenter, director at the Penn Biden Center, who called for sanctions against “mid-level” Belarusian officials directly responsible for the human-rights abuses. Belarus-specific sanctions date to the Belarus Democracy Act of 2004, and a Bush-era executive order that sets out guidelines for penalizing officials responsible for undermining democracy. Lawmakers added further penalties in 2011. The Trump administration targeted eight people Friday, including the head of Belarus’s elections and the chief of Belarus’s security forces, and the European Union sanctioned 40 people. The United Kingdom and Canada also announced sanctions over the weekend, including against Lukashenko himself. The sanctions are only one part of Belarus policy, experts stressed, which is ultimately supposed to push Lukashenko to negotiate. Exiled opposition leader Sviatlana Tsikhanouskaya asked German Chancellor Angela Merkel to mediate the negotiations on Tuesday. Judy Dempsey, a nonresident senior fellow at Carnegie Europe, predicted that Merkel would take up the challenge—but would have to act quickly. Russian President Vladimir Putin might accuse the EU of meddling in Belarus’ government should the talks drag, Dempsey told National Journal. “If Merkel does take on this mediating role, it’s got to be incredibly sophisticated and it’s got to be very fast,” said Dempsey. The United States may not play a direct role in mediating the talks, but the Trump administration might put more pressure on Lukashenko by targeting mid-level officials inside his government. Former State Department sanctions coordinator Daniel Fried told National Journal that the State Department and OFAC could craft an executive order to authorize “status-based” penalties: those which authorize Treasury to target specific people based on their employment. Officials could then work with Belarusian civil society to identify targets, like “the plainclothes cops roughing up dissidents.” “Putting this into legislation is hard as hell, and then it’s not as flexible,” said Fried. “It’s far better to let OFAC do it, in coordination with the State Department.” Lawmakers have remained largely hands-off on Belarus, besides offering statements in support of those protesting against Lukashenko. In July, the Senate passed a resolution condemning the arrest of opposition candidates and political protesters. The chair and ranking member of the Senate Foreign Relations Committee separately called out Lukashenko’s handling of the election in early August, and later in the month issued a joint statement calling for sanctions against those responsible for human-rights abuses. The upper chamber might support Belarus policy by advancing Trump’s ambassadorial nominee to Belarus, several former officials and experts told National Journal. The United States and Belarus haven’t exchanged ambassadors since 2008. The Senate Foreign Relations Committee advanced career State Department official Julie Fisher favorably out of committee in late September. Democratic Sen. Chris Murphy voted against the nomination, and argued that sending the ambassador to Belarus during the crackdown would reward Lukashenko. Some experts disagreed, and said having an ambassador in Minsk could help the United States coordinate policy with civil-society groups and would send an important signal to domestic opposition. Sen. James Risch told Murphy that the State Department believed having an ambassador to Minsk was “the best way to help the Belarusian people.” Senate Majority Leader Mitch McConnell’s office did not respond to emailed questions about Fisher’s nomination; Senate Foreign Relations Committee spokesperson Suzanne Wrasse told National Journal that McConnell has “a number of priorities,” and that ambassadorial nominations were “on the list.” While former officials agreed that ramping up support for civil society groups and sanctioning mid-level Belarusian officials could be effective at prodding Lukashenko to negotiate, they disagreed over whether also to target large state-owned firms that form the backbone of the Belarusian economy. Carpenter, Fried, and other former Obama administration officials suggested that penalizing the companies could end up hurting protestors, many of whom work on the factory floors. The Lukashenko government has close ties with heavy industry, however, and a few lawmakers told National Journal they support lifting waivers granting them access to the U.S. market. Rep. Alcee Hastings asked Treasury Secretary Steven Mnuchin in mid-August to cancel sanctions waivers for several Belarusian companies. Hastings led the Organization for Security and Cooperation in Europe election-monitoring mission for Belarus’s 2006 presidential election, and now heads the Helsinki Commission, a congressionally-created agency that coordinates OSCE policy on Capitol Hill. The Treasury Department has not responded to Hastings’ letter. “Providing support to the Lukashenko regime by allowing its state-owned companies access to our financial system is unacceptable, and the sanctions announced on individuals last week by the Treasury Department are a step in the right direction,” said Hastings in a statement to National Journal. “However, Lukashenko himself has long been a prime candidate for Global Magnitsky sanctions, and failing to include him among the sanctioned individuals is a severe oversight.” Last fall, the state-owned Belarusian oil company Belneftekhim retained lobbyist David Gencarelli to push for the continuation of a licensing exemption allowing the company to purchase “crude oil with delivery to the refineries in the Republic of Belarus.” The Treasury Department extended relief to Belneftekhim and other heavy-industry players, giving them continued access to the American market until April 2021. “What we’ve seen over the years with Lukashenko is he’s a very skillful player juggling between the U.S. and Europe, which is a natural market for Belarus, and Russia,” said Sofya Orlosky, senior program manager for Europe and Eurasia at Freedom House. The EU has similarly sought to keep Lukashenko from sliding into Putin’s orbit, periodically lifting and reimposing sanctions on his government for human-rights abuses. The bloc suspended financial penalties in 2016 after Lukashenko granted “amnesty” to a number of political prisoners, which Orlosky said normalized Lukashenko’s undemocratic behavior. “There’s been, as it were, a limit to the severity of sanctions in the past, because the argument was made at least implicitly that we don’t want to alienate Belarus too much or throw them into Russia’s arms,” said Nigel Gould-Davies, a former British ambassador to Belarus. The Trump administration has pursued normalization with Minsk for the past several years, prior to Lukashenko’s crackdown. The State Department’s top political official, David Hale, met with Lukashenko in Minsk in September 2019, and stated afterward that the U.S. was ready to exchange ambassadors “as the next step in normalizing our relationship.” Secretary of State Mike Pompeo visited Minsk in February for the same purpose. The difference now, according to Gould-Davies: The legitimacy of Lukashenko’s regime “is basically broken.” Very few people support the government, aside from people working directly for the state, which undercuts calls for moderation in the West. “He enjoys no significant support outside of those who actually work for the state,” said Gould-Davies.
The Consensus RuleMonday, October 05, 2020
The OSCE operates using a consensus decision-making process. Consensus fosters ownership of decisions by all OSCE participating States, enables them to protect key national priorities, and creates an important incentive for countries to participate in the OSCE. It also strengthens the politically binding nature of OSCE commitments; participating States cannot claim that they did not agree to or are not bound by decisions to which they have given explicit consent. However, consensus can be difficult to achieve, and the rule allows a single state to block decisions on OSCE activities, new commitments, appointments, and budgets. Over the years, there have been calls to reform the consensus decision-making process. Although the consensus rule can only be changed by consensus, it could be improved by establishing greater transparency in the decision-making process. Download the full report to learn more. Contributor: Erika Schlager, Counsel for International Law
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U.S., EU Sanction Belarus in Coordinated Western ActionFriday, October 02, 2020
Lukashenko government lashes out, saying no ‘self-respecting’ state would agree to demands posed by the West. The U.S. and European Union imposed sanctions against Belarus officials on Friday, part of a coordinated effort by Western allies to censure the authoritarian regime over accusations of political repression and rigging elections. The EU reached an early morning deal to advance a sanctions package against more than three dozen Belarusian individuals deemed responsible for suppressing protests and for election fraud. Hours later, the U.S. Treasury Department blacklisted eight senior figures in longtime President Alexander Lukashenko’s government or associated with his rule. Among those blacklisted were Interior Minister Yuriy Khadzymuratavich Kareau and top election commission officials. The EU’s action against Belarus, together with a joint statement reprimanding Turkey for drilling in waters claimed by Cyprus and Greece, was meant as a broader message of mounting concern that Europe’s eastern periphery, a region that once held hopes for a spread of democracy, is increasingly turning back to its authoritarian past. Divisions within the EU stymied an attempt to sanction Turkey during a summit this week, but officials said the bloc could approve punitive actions in the future. The EU was able to move forward with its Belarus sanctions package, originally promised in August, after Greece and Cyprus secured the statement calling for Turkey to halt its drilling. While the U.S. sanctioned Mr. Lukashenko in 2006, the EU declined for now to include the Belarussian leader himself in their action. Officials said the president, who previously was the subject of EU sanctions that were lifted in 2016, still could be targeted again later. The EU sanctions came into effect Friday afternoon. Mr Lukashenko’s interior minister was also one of the highest-profile names on the EU sanctions list. The Belarus foreign ministry condemned the sanctions and said the government also enacted its own sanctions list, which won’t be made public. It said it may also reconsider its participation in joint programs with the EU and could cut diplomatic ties if further EU sanctions are levied. “The sanctions were introduced as a punitive measure…for the fact that Belarus did not comply with a set of ultimatum requirements that no self-respecting sovereign state would satisfy,” the foreign ministry said in a statement. The statement didn’t address the specific allegations of election-rigging and violent political repression. The U.S. and EU sanctions follow the imposition of sanctions on Mr. Lukashenko and seven senior figures in his government by the U.K. and Canada on Tuesday, a sign of widening discontent in the West over ongoing repression of peaceful protests against his purported victory in a disputed election. Western officials have accused Mr. Lukashenko and his allies of multiple human rights violations in detaining and allegedly torturing protesters following the Aug. 9 vote, which Mr. Lukashenko’s opponents and Western governments say was rigged in his favor to extend his more than a quarter-century in power. The EU has called for a rerun of the presidential elections with international supervision. It has warned it could add additional sanctions if Mr. Lukashenko refuses to enter dialogue with the opposition. The U.S. sanctions targeted officials the Treasury Department said run government offices responsible for the political repression, human rights abuses and election fixing. Besides the top two Interior Ministry officials, the Treasury also blacklisted the two leaders of Interior’s Internal Troops, Yuriy Henadzievich Nazaranka and Khazalbek Bakhtsibekavich Atabekau. “The Belarusian people’s democratic aspirations to choose their own leaders and peacefully exercise their rights have been met with violence and oppression from Belarusian officials,” said Treasury Secretary Steven Mnuchin. The Trump administration declined for now to revoke a special license giving the nine largest state-owned companies in Belarus access to the U.S. financial system, as urged by the U.S. Commission on Security and Cooperation in Europe, a government body that advises administrations on sanctions. While the EU’s Belarus sanctions had broad support, the bloc has been deeply split over how to respond to Turkey’s increasingly frequent flexing of military muscle in the region, including its unilateral moves to explore and drill for energy resources in the eastern Mediterranean. Turkey says it has the right to seek energy resources in the region. With respect to Turkey, the EU leaders settled on diplomacy for now, issuing the joint statement but threatening sanctions if Ankara didn’t show willingness to improve ties. Western diplomats said tensions between Ankara and Athens this summer rose to levels not seen since the 1970s, when Turkey and Greece came close to a direct military conflict over Cyprus. Greece and Turkey are North Atlantic Treaty Organization members. However, Turkey has for now suspended its energy activities in waters claimed by Greece but not by Cyprus. Separately, Turkey and Greece reached an agreement Thursday, mediated by NATO, to take measures to avoid an air or naval clash in the eastern Mediterranean, including a hotline between the two countries. European diplomats have also grown alarmed by Turkish President Recep Tayyip Erdogan’s decision to send troops into Libya and Syria, its unconditional support for Azerbaijan in renewed fighting with Armenia and its acquisition of advanced weaponry from Russia. On Thursday, French President Emmanuel Macron said France had clear evidence that jihadist fighters were leaving Syria to go to fight in Nagorno-Karabakh via Turkey. Mr. Macron had earlier criticized Ankara for what he called its bellicose comments against Armenia over its conflict with Azerbaijan. —Ann Simmons in Moscow contributed to this article.
Ranking Member Sen. Cardin to Join OSCE Event on Policing in Diverse SocietiesThursday, October 01, 2020
WASHINGTON—On October 6, 2020, Helsinki Commission Ranking Member Sen. Ben Cardin (MD) will join the office of the OSCE High Commissioner on National Minorities for an online event to discuss the principles of policing in diverse societies, as well as challenges and best practices among OSCE participating States. POLICING IN DIVERSE SOCIETIES Principles and Good Practices Tuesday, October 6, 2020 9:30 a.m. – 12:00 p.m. EDT / 3:30 p.m. – 6:00 p.m. CEST Watch Live: https://www.youtube.com/watch?v=D3mDc6TDQo8 Sen. Cardin, who also serves as the OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism, and Intolerance, will offer opening remarks at the event. Other speakers include: Christophe Kamp, OSCE High Commissioner on National Minorities, Officer in Charge Hilary Shelton, Director of the National Association for the Advancement of Colored People (NAACP) Washington Bureau, Senior Vice President for Advocacy and Policy The event follows more than a decade of racial justice efforts by the U.S. Helsinki Commission, including a bicameral letter sent to the President of the European Commission in July 2020 led by Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Helsinki Commissioner Rep. Gwen Moore (WI-04). The letter, which also was signed by Sen. Cardin; Helsinki Commissioners Sen. Jeanne Shaheen (NH), Rep. Emanuel Cleaver (MO-05), and Rep. Marc Veasey (TX-33); and 35 other Members of Congress, called for a sweeping plan of action following the European Parliament’s Juneteenth Day resolution.
Helsinki Commission Leaders Mourn Death of Moscow Helsinki Monitoring Group Founder Yuri OrlovWednesday, September 30, 2020
WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) today expressed sorrow over the death on September 27 of physicist Yuri Orlov, the founder of the Moscow Helsinki Group. “Yuri Orlov truly stood out among the great 20th century human rights activists,” said Chairman Hastings. “While many questioned the value of the 1975 Helsinki Final Act, he was quick to see its comprehensive definition of security as an opportunity to advance the cause of human rights in the Soviet Union. He founded the Moscow Helsinki Group with other courageous individuals, and paid the price of nearly a decade of imprisonment, hard labor, and internal exile. Throughout his ordeal, he never questioned his decision nor gave up on his dream. His hope gave us hope and made him a true hero.” “Without Yuri Orlov, we might not have the OSCE as we know it today,” said Co-Chairman Wicker. “He understood that the Helsinki Accords were unique in addressing relations between states, as well as between governments and citizens. He helped embolden millions of ordinary people to stand up for their rights against repressive regimes. He also helped convince the world that the human rights violations documented by the Moscow Helsinki Group were legitimate and rightful concerns for all. The international human rights movement owes much to his brilliance and fortitude.” Born in Moscow in 1924, Yuri Orlov was a physicist whose scientific career in the Soviet Union was first limited and then cut short by his support for human rights and democratic change, beginning in the 1950s. In 1973, he became a founding member of the Soviet chapter of Amnesty International. In May 1976, he founded the Moscow Helsinki Group and helped to establish similar groups elsewhere in the country. This was the start of an international human-rights monitoring movement based on the principles and provisions of the Helsinki Final Act that continues to this day. In February 1977, Orlov was arrested, imprisoned for one year, and after a short show trial, sentenced to seven years' strict- regime labor camp and five years in exile for "anti-Soviet agitation and propaganda." Persecution of its members led the Moscow Helsinki Group to stop its work from 1982 to 1989. While in Siberian exile in 1986, Orlov was stripped of his Soviet citizenship and deported as part of a deal in which U.S. journalist Nicholas Daniloff was traded for a Soviet spy. After arriving in the United States, Orlov immediately resumed his human rights advocacy, and then his scientific work as a senior scientist at Cornell University. Continuing his advocacy of human rights in Russia and around the world, in 2005 he was the first recipient of the Andrei Sakharov Prize awarded by the American Physical Society to honor scientists for exceptional work in promoting human rights. In “Dangerous Thoughts: Memoirs of a Russian Life,” published in 1991 in the United States, Orlov tells the story of his life as a dissident in the Soviet Union.
Hastings, Wicker, and Hudson Call For De-Escalation of Nagorno-Karabakh FightingTuesday, September 29, 2020
WASHINGTON—After a major outbreak of violence between Armenian and Azerbaijani forces Sunday in Nagorno-Karabakh, Helsinki Commission leaders Chairman Rep. Alcee L. Hastings (FL-20), Co-Chairman Sen. Roger Wicker (MS), and Commissioner Rep. Richard Hudson (NC-08) deplored the loss of life on both sides and called for the immediate cessation of violence and resumption of negotiations. “I am deeply concerned about the resumption in fighting between the sides, and the needless suffering it is once again inflicting on civilians,” said Chairman Hastings. “The sides must immediately cease hostilities and return to the positions held prior to Sunday’s events, in order to de-escalate the situation.” “This renewed outbreak of hostilities is a serious threat to regional stability. I hope it will not spark a broader confrontation,” said Co-Chairman Wicker. “Outside parties should not exacerbate the situation by intervening in the violence.” “The sides must use the auspices of the OSCE Minsk Group to find a solution to this conflict,” said Rep. Hudson, who also chairs the OSCE Parliamentary Assembly Committee on Political Affairs and Security. “There is no alternative to a peaceful negotiated solution of the conflict. We in the United States intend to maintain our efforts to work with the sides to settle the conflict peacefully and sustainably.” Heavy fighting broke out Sunday between Armenian and Azerbaijani forces along the line of contact separating the sides in the conflict over the disputed Nagorno-Karabakh region. The exchange of air strikes, rocket attacks, and artillery fire killed dozens of soldiers and civilians and injured more than a hundred, marking the worst fighting since 2016. Armenian forces occupy most of Nagorno-Karabakh and all or part of seven surrounding Azerbaijani provinces, all within Azerbaijan’s internationally recognized boundaries. The sides fought a war in the early 1990s over the fate of the historically Armenian-majority enclave following the collapse of the Soviet Union, ending in a 1994 ceasefire that governs the conflict today. Since the late 1990s, the United States, France, and Russia have co-chaired the OSCE Minsk Group process, the international format dedicated to facilitating a negotiated resolution to the conflict.
ONGOING TRANSATLANTIC ENGAGEMENT THROUGH THE OSCE PARLIAMENTARY ASSEMBLYThursday, September 24, 2020
Mr. HUDSON. Madam Speaker, I rise today to highlight my recent efforts to engage with our allies across Europe to address the current political turmoil in Belarus and seek a way forward. On September 23, I joined a video call of the leadership of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE PA), where I serve as Chairman the Committee on Political Affairs and Security. Joining us for the discussion were the Head of the Belarusian delegation to the OSCE PA, Mr. Andrei Savinykh, and the leader of the Belarusian opposition and former presidential candidate, Ms. Svetlana Tikhanovskaya. Ms. Tikhanovskaya shared with us the long struggle of the people of Belarus for their rights under President Alexander Lukashenko's 26-year authoritarian rule. The fraudulent presidential election on August 9, in which Lukashenko claimed he ``won'' with over 80 percent of the vote, led thousands of Belarusians across the country to come out into the streets. They risk physical harm and imprisonment to demand free and fair elections and the release of political prisoners. Unfortunately, these individuals have been met with brute force from the authoritarian regime. They continue to injure and detain protestors, journalists, and even bystanders on a massive scale. Instances of torture in detention have been reported, and some have been killed. Lukashenko is clearly afraid for his political future. In another desperate move, he recently held an illegal, early "inauguration'' in an attempt to consolidate his illegitimate power. I strongly condemned Lukashenko's violent repression of Belarusians and express solidarity for their desire to choose their own leadership in a democratic and transparent manner and to exercise their fundamental freedoms without fear of violent repercussions or harassment. During our meeting, I noted two particular cases that we in the United States are watching closely. U.S. citizen Vitali Shkliarov, who was in Belarus visiting family, was unjustly detained in July and languishes in a Belarusian prison since the end of July. We are concerned for his welfare and I called for his release. I also mentioned that the Roman Catholic Archbishop of Minsk-Mogilev, Tadeusz Kondrusiewicz, has been denied re-entry to Belarus after a visit abroad, even though he is a citizen. He has openly criticized the government's use of violence against peaceful people, including the detention of priests and clergy, and we fear that this too is a political act on the part of Lukashenko and an infringement on religious freedom. The future of Belarus belongs to its people, and, as Secretary of State Mike Pompeo has emphasized, this path should be ``free from external intervention.'' Indeed, my colleagues in the OSCE Parliamentary Assembly understand that it is not our place to choose the leadership of Belarus, but to use the unique role of the OSCE Parliamentary Assembly as a representative body to foster authentic dialogue, prevent and resolve conflict, and hold each other accountable. As an OSCE participating State, Belarus has an obligation to abide by the provisions of the Helsinki Final Act, including those on human rights and fundamental freedoms. I am pleased that 17 participating States of the OSCE, including the United States, have invoked the Moscow Mechanism, which will establish a mission of independent experts to look into the particularly serious threats to the fulfillment of human rights commitments in Belarus. The report that the mission issues will hopefully offer us greater insight into the situation in Belarus and recommendations for future actions. It is a privilege, through the U.S. Helsinki Commission, to represent the United States Congress in the Parliamentary Assembly of the OSCE. The Parliamentary Assembly provides Members of Congress with a unique, bipartisan opportunity to work with our friends and allies to help resolve pressing global issues while promoting our shared values. Because the Parliamentary Assembly includes representatives of Belarus and our European allies, it is uniquely suited to address the human rights and security implications of the moment in Belarus. Madam Speaker, please join me today in calling for an end to violence and mass detentions in Belarus and recognizing the importance of continued Congressional engagement with the Parliamentary Assembly of the OSCE.
2020 Human Dimension Implementation Meeting Cancelled Due to PandemicFriday, September 18, 2020
By Erika Schlager, Counsel for International Law “The work of the OSCE human dimension has also been impacted, no doubt by this unprecedented pandemic. As you know, the OSCE annual Human Dimension Implementation Meeting – Europe’s largest annual human rights and democracy conference – will not take place this year. This is a huge loss for our organization. Together with Permanent Council, Human Dimension Implementation Meeting is a constituent part of the OSCE’s mechanism for the review and assessment of the implementation of our commitments. With around 2,000 participants from across the whole OSCE region, it is also the primary forum for our citizens to take a direct part in the life of our organization.” - Prime Minister of Albania Edi Rama, 2020 OSCE Chair-in-Office, at a September 17, 2020, hearing before the Helsinki Commission On September 11, 2020, the OSCE Permanent Council decided, as an exceptional measure without precedent for the future, to cancel the 2020 OSCE Human Dimension Implementation Meeting (HDIM) planned for September 21 – October 2. The decision reflects the singular and unpredictable circumstances of 2020 due to the COVID-19 pandemic. OSCE rules mandate that HDIMs, a comprehensive review of the participating States’ implementation of their human dimension commitments, are held every year in which there is not a summit. (In the event that a summit is convened, the summit is preceded by a review conference that evaluates implementation in all three OSCE dimensions, including military security, economic and environmental cooperation, and the human dimension.) HDIMs are unique among OSCE meetings because of the combination of their large size (typically drawing a thousand participants), duration (two full consecutive weeks), press access, and ability of non-governmental organizations both to participate in and speak at the meetings on an equal footing with governments and to organize side events. Governments regularly conduct bilateral meetings on human dimension issues on the margins. Additionally, the United States holds daily open-door meetings with civil society representatives. When announcing the HDIM decision, the Albanian OSCE Chair-in-Office confirmed that it instead would convene a series of online events throughout the remainder of the year, with the support of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), to maintain focus on topical issues related to human rights, democracy and the rule of law. In a statement following the announcement, the United States supported “creating and/or seizing other opportunities within the OSCE to spotlight human dimension issues, including by holding other meetings, to the maximum extent possible with provision for virtual civil society participation. However, we underscore that any such activities, with or without NGO participation, are not substitutes for the HDIM.” Alluding to shortcomings in human rights compliance, democratic weaknesses, racial inequities, and social vulnerabilities that the pandemic has revealed and, in some cases, amplified, the United States further stated that “vigilance will be especially important given the challenging pandemic conditions.” Following the decision, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) said, “OSCE participating States should continue to engage in a robust implementation review of their human dimension commitments through the OSCE Permanent Council, December’s Ministerial Council, and other scheduled events and meetings facilitated by the Chair-in-Office and the OSCE Office for Democratic Institutions and Human Rights. Implementation of shared commitments remains the ultimate purpose of this 57-nation organization.” The COVID-19 pandemic has affected the work of the OSCE mid-March. Meetings of the Permanent Council, the OSCE's main decision-making body, initially were canceled in line with Austrian Government requirements and later shifted to an online platform, before settling into its current, hybrid format combining online and limited in-person participation. Other OSCE meetings and events also have been scaled back, postponed, canceled, or shifted to online platforms in response to host-government mandates related to public meetings, quarantines, and broader issues of border closings and travel restrictions. The OSCE Parliamentary Assembly (PA) also has had to alter its planned activities. The April Bureau Meeting was held using an online platform. The Annual Session, scheduled for Vancouver in July, and the Autumn Meeting, scheduled for October in San Marino, were canceled. In lieu of these events, 40 parliamentarians participated in a virtual Standing Committee meeting in early July, followed by nine online, inter-parliamentary dialogues to consider the impact of COVID-19 on human rights; economic security; conflicts in the region; the environment; and other issues and yielded a publicly available report of recommendations on strengthening compliance on shared commitments.
Albania's Chairmanship of the OSCEThursday, September 17, 2020
In 2020, the Organization for Security and Cooperation in Europe (OSCE) has faced the unprecedented challenge of a global pandemic while many participating States struggle—or fail—to live up to their commitments in the areas of human rights, democracy, and the rule of law. In this context, the Helsinki Commission held its traditional hearing with the annually rotating OSCE chairmanship to discuss priorities and exchange views on current issues. Helsinki Commissioner Rep. Emanuel Cleaver, II (MO-05) chaired the hearing. Sen. Ben Cardin (MD) took the floor first to recognize that this year has been extraordinarily difficult as the OSCE under Albanian leadership works to resolve the appointment of senior leaders to OSCE positions, respond to brutal human rights violations in Belarus, address the gross violations of the Helsinki principles by the Russian Federation against Ukraine and other neighbors, and combat the threat posed by far-right extremists and hate groups. Sen. Cardin encouraged Prime Minister Rama to remind the diplomatic representatives of the OSCE participating States that they must all work to preserve and strengthen the values, institutions, and mechanisms that the OSCE offers. He assured Prime Minister Rama that the Helsinki Commission will work with the executive branch to ensure continued bipartisan U.S. support, engagement, and critical leadership of the OSCE. Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) commended Prime Minister Rama for his prompt response to the ongoing situation in Belarus and his rejection of attempts to weaken the OSCE response with false statements of moral equivalency among participating states. He also emphasized the importance of working with the OSCE Parliamentary Assembly, believing that engaging friends and even potential adversaries through parliamentary diplomacy helps to achieve the aims of the Helsinki Final Act. Prime Minister Rama asserted that, despite the challenges 2020 has presented, the OSCE can be proud of how it has navigated the restrictions and the many complications from COVID-19. It has kept discussion alive—both in the Permanent Council and through conferences and webinars—while field operations have continued to carry out their important mandates. He acknowledged there are weaknesses within the OSCE due to participating States not being able to reach consensus for the reappointment of the four leading positions: the Secretary General, the Director of the Office for Democratic Institutions and Human Rights (ODIHR), the High Commissioner on National Minorities, and the Representative on Freedom of Media. Nevertheless, he assured the Commissioners that “the chairmanship has stepped in to ensure the executive structures have sustained leadership and management.” “We must never compromise on our values of full respect for democracy and human rights. Our shared commitments must be upheld by all participating states, at all times and in all situations. And it is our responsibility to call the attention of our peers to violations and shortcomings anywhere in our region… "The Helsinki recipe for peace in Europe is simple, yet effective: Respect for sovereignty and territorial integrity, together with respect for human rights and fundamental freedoms.” – Prime Minister of Albania Edi Rama, OSCE Chair-in-Office, 2020 Prime Minister Rama also emphasized facilitating electoral and constitutional reform in Belarus, in addition to improving the human rights situation, must be immediate. He underscored three necessary steps that: an immediate end to violence and arbitrary arrests on the part of authorities; full respect for the right of peaceful assembly; and prompt, thorough, and independent investigation of the conduct of law enforcement authorities. Asked by Commissioner Rep. Steve Cohen (TN-09) about concerns regarding the rule of law, safety and respect for the press, and the opportunity for people to vote and participate in the political process in the United States, Prime Minister Rama expressed confidence that “the United States is mature enough and is strong enough in its own institutions to deal with whatever political debate and whatever political consequence of a debate that might be polarizing.” He concluded by stressing the need for standing up against all forms of racism, discrimination, and intolerance, and to reaffirm the values of humanity as the dehumanizing rhetoric of the “other” is again being normalized in public discourse across the OSCE region. Related Information Witness Biography
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.