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On Wednesday, October 23, 2019, the U.S. Helsinki Commission hosted a congressional staff briefing on addressing hate crimes in Europe and the United States. The event was moderated by Dr. Mischa Thompson, Director of Global Partnerships, Policy and Innovation at the U.S. Helsinki Commission. The Commission’s guest speaker, Cristina Finch, the Head of the Tolerance and Non-Discrimination Department at the OSCE Office for Democratic Institutions and Human Rights (ODIHR) provided an overview of hate crimes statistics in Europe and North America. She described the efforts that the Organization for Security and Cooperation in Europe (OSCE) has made to address hate crimes and hate incidents in the region. Finch also discussed the commitments made by the 57 OSCE participating States to document, investigate, and prosecute hate crimes, as well as the tools and best practices available to assist countries in meeting their commitments. ODIHR’s Annual Report on Hate Crime combines official government reports submitted by 33 OSCE participating States with an additional 108 reports from 135 civil society organizations. In 2018, 5,258 hate crime incidents were reported to ODIHR. As Finch described it, this volume of information makes the report “the world’s biggest data set on hate crime.” The full 2018 Hate Incidents data set will be published on November 15, 2019. According to Finch, accurate recording of hate crimes by the police remains a serious issue. “In many countries police do not record hate crimes as a specific category in a systemic way,” she noted. “This means that information is missing, which impedes investigation, prosecution, prevention and policy making.” Other serious obstacles to publishing accurate data exist. For example, estimates indicate that 90 percent of hate crimes are not reported by victims to the police at all. Promoting safe, inclusive, and equitable societies is a priority of the Helsinki Commission for the 116th Congress. Commission efforts on inclusion have included briefings, hearings, legislation, and inter-parliamentary initiatives in the U.S. Congress and Europe.  Additionally, Helsinki Commission Ranking Member Sen. Ben Cardin serves as the OSCE Parliamentary Assembly’s Special Representative on Anti-Semitism, Racism, and Intolerance and has called for increased efforts to address hate crimes in the region.

By Camille Moore, Policy Advisor From October 14 – 15, 2019, approximately 150 senior officials, experts, academics, and non-governmental organization representatives gathered in Vienna, Austria for the 2019 Organization for Security and Cooperation in Europe (OSCE) Economic and Environmental Dimension and Implementation Meeting (EEDIM). Transboundary cooperation over natural resources is key to avoiding future geopolitical challenges; however, a changing global climate presents more existential obstacles. For example, the European Academies’ Science Advisory Council – a body of 27 national science academies from the EU, Norway, and Switzerland – found that the number of costly floods and other hydrological events have quadrupled since 1980 and have doubled since 2004. As the world’s largest regional security organization, the OSCE is uniquely equipped to address transboundary issues related to economics and the environment. For example, across the OSCE region there are over 150 river and lake basins shared by two or more participating States, making joint agreements and cooperation critical to conflict prevention and sustainable development. The 2019 EEDIM focused on the management, legal protection, and cooperation around energy and shared natural resources like water. Environmental crimes, good “green” governance, and the inclusion of women in water management were all highlighted at the meeting. Historically, the EEDIM sets the agenda for the decisions made at the annual December Ministerial Council. While the 2019 discussion was constructive and several noteworthy initiatives were shared, the overall dialogue focused on past accomplishments rather than plans to critically assess the present strength or future of shared cooperation over natural resources. Environmental Crimes Environmental crime is the third most lucrative transnational crime activity today—after narcotic drugs trafficking and counterfeiting—and generates an estimated $281 billion in illicit profits annually. The Group of Friends on the Environment is an informal coalition of participating States seeking to keep transboundary environmental crimes and environmental good governance high on the OSCE agenda. Participants include OSCE participating States Albania, Germany, Austria, Canada, the United States of America, France, Georgia, Italy, Kazakhstan, Latvia, Lithuania, Montenegro, the Czech Republic, the United Kingdom, Slovakia, and Switzerland. Defending the environment is no easy task and dangerous work. One non-governmental organization (NGO) present at the 2019 EEDIM noted the need for dedicated support to combat the perpetrators of environmental harm. Rather than inspiring further discussion about the real dangers faced by environmental defenders, however, the statement was met only with vague comments from a handful of participating States on the importance of funding environmental protection. Good “Green” Governance The Maastricht Strategy (2003) defines good governance as a contribution to prosperity, stability, and security at all levels. Within the environmental dimension, the OSCE promotes commitments to both good governance and environmental sustainability. Most, if not all, participants shared their 2030 plans to “green” their economies, which included measures like limiting industrial risk, aligning national and international economic agreements, and modernizing technological innovation for greater efficiency. Instead of sharing the obstacles they face in reaching the 2030 sustainable development goals or the funding and support they need to realistically meet their needs (for example, the OSCE offers its support of cross-border cooperation in the form of agreements like those between Albania and North Macedonia like the Ohrid Lake Joint Commission which establishes a framework for integrated border management to stabilize relations over Ohrid Lake), most nations focused solely on national policy strategies and improved legislative frameworks. Womenomics and Water Management Women are disproportionately burdened when water resources are mismanaged or scarce. “Women are much more active than men in activities related to water,” says Matluba Rajabalieva, Chairperson of the Garm Development Centre, a Tajikistan-based NGO working to promote women and girls’ empowerment in communities. Womenomics, the idea that women’s economic advancement improves the whole economy, has been well-documented in water management and has fueled several OSCE initiatives. The OSCE and its participating States have developed programming and initiatives that address water diplomacy with women-centric solutions. Through workshops, initiatives, and activities, the OSCE Gender Section and the Office of the Coordinator of OSCE Economic and Environmental Activities (OSCEEA) connects water users and decision makers and ensures gender parity between the two groups. At the EEDIM, the Permanent Delegation of Finland to the OSCE hosted an official side event titled “Water Diplomacy, Proactive Peace Mediation,” which focused on the OSCEEA’s extra-budgetary project, “Women, Water Management and Conflict Prevention.” The project aims to enhance the participation of women in conflict resolution and water management at all levels in Central Asia and Afghanistan. The Kazakh-German University also recently launched a water resource management program which focuses on women participation.

By Nida Ansari, Policy Advisor and State Department Detailee and Dr. Mischa Thompson, Director of Global Partnerships, Policy, and Innovation “These measures are critical in enhancing the efficiency and effectiveness of the U.S. armed forces by addressing the under-representation of women and ethnic minorities and creating a diverse military that fully represents our nation’s citizens […] for the sake of our country, we can and must do better.”  – Congressman Elijah E. Cummings Rep. Elijah E. Cummings, a stalwart voice in the U.S. Congress, passed away on October 17, 2019. Representing Baltimore, Maryland, his many legislative initiatives included groundbreaking work to advance diversity and inclusion in the security sector alongside Helsinki Commissioners and other global changemakers. In 2008, Rep. Cummings and other Members of Congress joined forces with then-Helsinki Commission Co-Chairman Sen. Ben Cardin to establish the Military Leadership Diversity Commission (MLDC). Rep. Cummings’ goal was to increase the number of people of color and women in flag officer rank by focusing on military recruitment, retention, and promotion.  The 2011 MLDC final report, “From Representation to Inclusion: Diversity Leadership for the 21st-Century Military,” proposed 20 recommendations to develop policy goals and metrics to manage and sustain diversity at the U.S. Department of Defense.  Following the release of the report, Rep. Cummings, Sen. Cardin, and other Members of Congress held a 2012 Congressional Military Diversity Forum with MLDC Chairman General Lester Lyles, where the general raised the urgency of implementing the report’s recommendations to maintain force levels in concert with increasing diversity in the United States. Helsinki Commission efforts—including legislation by Helsinki Commission Chairman Rep. Alcee Hastings and Sen. Cardin on the incorporation of women in combat divisions and on increasing diversity in the intelligence and national security workforces—have complemented and built upon Rep. Cummings’ work. Rep. Cumming’s efforts also were integral to the 2013 launch of the Mission Critical: Inclusive Leadership for the Security Sector program, led by the German Marshall Fund and supported by Helsinki Commission leadership.  Findings from the MLDC underpin the initiative, which brought together militaries, Members of Congress, staff of the Department of Defense, other government officials and experts from Europe and the United States to review and take stock of diversity and inclusion best practices in the security sector. “There must be an assigned and qualified individual on the command level to oversee military issues including discrimination, racial profiling, and hazing. In particular, the military needs to have a more effective response against hazing cases to better identify and respond to dangerous situations.  Women, minorities, and every single soldier should be able to achieve their goals when joining the military.”  – Congressman Elijah Cummings, Mission Critical 2013 As part of the inaugural Mission Critical event in 2013, Congressman Cummings highlighted lessons learned from the MLDC and the need to address discrimination and other problems, including hazing, in militaries to increase diversity and ensure the success of missions critical to national security.  Efforts to address these and other issues have continued at subsequent Mission Critical events, most recently in June 2019. Continuing to build upon the MLDC foundation, the event focused on diversity and inclusion issues related to personnel, the future of security, and technology in the security sector.  Speakers echoed the sentiments of Rep. Cummings years before. Then-German Federal Minister of Defense Ursula von der Leyen stressed the value of religious diversity in the armed forces, sharing how she was working to get the Bundeswehr’s military chaplaincy to include Jewish rabbis and Muslim imams instead of only the traditional Protestant and Roman Catholic chaplains.  Tjorven Bellmann of the German Federal Ministry of Foreign Affairs raised the importance of recruitment methods that appeal to young people from diverse backgrounds. He also noted that discrimination in the military remains a barrier for racial minorities, women, LGBT+, and other groups.  Nida Ansari, a State Department detailee to the Helsinki Commission, discussed U.S. Government inclusion efforts around faith communities. Ursula von der Leyen’s elevation to the Presidency of the European Commission offers hope for highly-placed advocacy of inclusive policies and concrete strategies beyond the security sector and broader dissemination of practices shared during Mission Critical. Congressman Cummings’ vision of a more inclusive security sector, and more inclusive societies generally, at home and abroad will not soon be forgotten.  Signs of progress include examples like General Lori Robinson, whose distinguished career included serving as the first woman to command a major Unified Combatant Command when she led United States Northern Command (USNORTHCOM) and the North American Aerospace Defense Command (NORAD) from May 2016 to May 2018.  The rarity of her example, however, only underlines the work that Mr. Cummings well knew was still required. With special thanks to Leah Perry, former Professional Staff Member, House Oversight Committee, for her assistance in providing background information for this article. 

In July, nearly 300 parliamentarians from the 57 OSCE participating States met for the OSCE Parliamentary Assembly (PA) 2019 annual session in Luxembourg, where they addressed in a final declaration the wide range of issues of current concern to the organization. Of these issues, none received more attention than those relating to human rights and humanitarian questions; the relevant section of the declaration contained more than 180 paragraphs. Leading subjects of concern included the treatment of investigative journalists, manifestations of discrimination and intolerance in society, gender inequality, and efforts to stifle dissent. The text also focused heavily on migration, including the rights of refugees. During the consideration of a final text for adoption, Rep. Sheila Jackson Lee (TX-18), who has been active in representing the United States at OSCE PA meetings in recent years and serves on the OSCE PA’s Ad Hoc Committee on Migration, proposed an amendment underlining the importance of the right of safe return of refugees. Her amendment, co-sponsored by other members of Congress and by parliamentarians from Cyprus, Georgia, Ireland, Italy, and North Macedonia, made clear that returns should not only be safe, but also voluntary and dignified. The adopted text, included in the Luxembourg Declaration, reads as follows: “The OSCE Parliamentary Assembly underlines that the right of voluntary, safe and dignified return for refugees and internally displaced persons to their homes and properties must be guaranteed;” The concept of voluntary return is at the heart of binding international law on refugees. The 1951 Convention Relating to the Status of Refugees states, “No Contracting State shall expel or return (‘refouler’) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.” The convention originally was restricted to people who became refugees because of “events occurring in Europe before 1 January 1951.” The 1967 Protocol Relating to the Status of Refugees, which removed the convention’s time and geographic restrictions, maintains the binding “non-refoulement” obligation. There are only a few exceptions on “grounds of national security or public order” and only after “due process of law.” According to the Guiding Principles on Internal Displacement, presented in 1998 by the United Nations Secretary General’s Representative on Internally Displaced Persons, “Competent authorities have the primary duty and responsibility to establish conditions, as well as provide the means, which allow internally displaced persons to return voluntarily, in safety and with dignity, to their homes or places of habitual residence, or to resettle voluntarily in another part of the country.” The principles are not legally binding on governments, but they are the point of reference for how a government should respond to internally displaced persons.

From September 16 to September 27, OSCE participating States will meet in Warsaw, Poland, for the 2019 Human Dimension Implementation Meeting (HDIM), organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR).  As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress. During the 2019 meeting, three specifically selected topics will each be the focus of a full-day discussion: “safety of journalists,” “hate crimes,” and “Roma and Sinti.” These special topics are chosen to highlight key areas for improvement in the OSCE region and promote discussion of pressing issues. Human Dimension Implementation Meeting 2019 Since the HDIM was established in 1998, the OSCE participating States have a standing agreement to hold an annual two-week meeting to review the participating States’ compliance with the human dimension commitments they have previously adopted by consensus. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as refugee migration and human trafficking), and concerns relating to tolerance and nondiscrimination (such as countering anti-Semitism and racism). Each year, the HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma and Sinti. Unique about the HDIM is the inclusion and strong participation of non-governmental organizations. The United States has been a stout advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE structures allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. Members of the U.S. delegation to the 2019 HDIM include: Ambassador James S. Gilmore, U.S. Permanent Representative to the OSCE and Head of Delegation Christopher Robinson, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs Roger D. Carstens, Deputy Assistant Secretary, Bureau of Democracy, Human Rights, and Labor Elan S. Carr, Special Envoy to Monitor and Combat Anti-Semitism Alex T. Johnson, Chief of Staff, U.S. Helsinki Commission