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Parliamentary Elections in Serbia Reveal Progress in Democratic Development but also Support for Nationalist Causes
Monday, March 19, 2007

By Clifford Bond and Robert Hand

On January 21, Serbia held elections for the 250-seat parliament, the National Assembly. Monitored by more than 300 international observers under OSCE auspices, including two members of the Helsinki Commission staff, the elections were overwhelmingly viewed as being conducted in a free and fair manner. The outcome and related institutional questions, on the other hand, indicate that Serbia’s political development remains burdened by the legacy of the Milosevic regime that ruled for over a decade before being ousted in 2000, even as the country moves in an increasingly democratic direction.

These elections were held in the aftermath of the dissolution of the state-union between Serbia and Montenegro following the latter’s declaration of independence in June 2006. Serbia subsequently adopted a new constitution in October 2006. Looming over these formal developments and new elections, however, is the larger question of Kosovo’s future status. The actual timing of the elections was used as a pretext for delaying a UN recommendation on Kosovo, which is expected shortly.

Based on the conduct of previous elections in Serbia, there was little concern that these elections would fall short of international standards. However, some concerns were raised regarding the conduct of the earlier constitutional referendum, which witnessed a strong, last-minute push of voting in some regions with the apparent purpose of ensuring a positive outcome. The constitution itself is controversial, particularly in its numerous references to Kosovo as an integral part of Serbia, which may have led some segments of Serbian society to boycott the referendum. Undoubtedly, more important international concerns include the uncertain direction of Serbia’s political development and a desire to strengthen Serbia’s democratic institutions.

OSCE Parliamentary Assembly President Goran Lennmarker, a Swedish parliamentarian, was designated by the OSCE Chair-in-Office to lead the short-term election observation mission as Special Coordinator. The OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) conducted a long-term observation effort headed by retired German Ambassador Geert Ahrens.

Perhaps the chief criticism of the election process was the obvious gap between the voter’s choice and the actual selection of the person who ultimately takes a parliamentary seat. The Serbian voter chooses a political party or coalition on the election list, but, once it is determined how many seats a particular party/coalition gets, the party leadership then has ten days in which to select which of the 250 persons on its submitted party list actually take a seat. This method of selecting parliamentarians has been criticized for lacking transparency and effectively concentrating attention not on specific candidates and their views or abilities but on the political party leaders who retain control over their members. This leadership control may be further strengthened by requiring deputies to sign undated letters of resignation which can be used to remove them if they fail to observe party discipline.

On the other hand, efforts were undertaken – albeit not without some opposition -- to modify existing law and encourage minority representation, including lowering the number of signatures for parties representing ethnic minorities from the normal 10,000 to only 3,000 and dropping the threshold needed to enter the parliament from 5 percent of the votes case to 0.4 percent (1/250) of those cast. Two Hungarian and two Romani political parties joined a Bosniak coalition from the Sandzak region and an Albanian coalition from southern Serbia on the election ballot. Albanian participation was the first since 1997, although two Albanian-based political parties which originally joined the coalition subsequently withdrew and supported a boycott of the elections.

The election campaign was long by Serbian standards and quite intense. In contrast to the constitutional referendum campaign, the issue of Kosovo’s status did not dominate campaign rhetoric. Instead, there was considerable and perhaps refreshing discussion of economic issues, for example, reflecting the fact that despite significant economic growth, unemployment remains high. EU enlargement may also increasingly isolate Serbia and its people within the region. Some parties focused more heavily on corruption, property restitution and other economic issues. The democratic and nationalistic range of the dominant Serbian political parties differed on integration mostly in their degree of enthusiasm and differentiation between support for joining the European Union on the one hand and joining NATO on the other. They likewise differed on Kosovo mostly to the degree to which its loss to Serbia was an acknowledged inevitability. Comments by politicians and diplomats from other countries supporting reformist parties late in the campaign prompted cries of interference from more nationalist parties.

Observers monitoring media coverage of the campaign reported a very balanced approach, particularly among the broadcast media, as well as a positive tone indicating almost too much official instruction about how to remain neutral. The print media’s performance was more uneven in its campaign coverage, but low reliance on print media in Serbia made such differentiation of questionable significance.

Election day was largely dry and unseasonably mild, and this contributed to high voter turnout of above 60 percent. This reversed trends toward voter apathy in previous elections. Out-of-country voting also took place for Serbian citizens in 34 other countries. Upon visiting their designated polling station, over 8,500 in all, voters typically encountered a polling board enlarged by political party representation to often as many as 20 to 30 or more members. Nevertheless, with few exceptions the polling was conducted in a professional manner that respected the secrecy of the ballot and made election-day manipulation, if any was intended, difficult to accomplish. The ballot presented the same list of 20 political parties or coalitions to voters across the country, albeit in different languages depending on concentrations of ethnic minorities residing in the area.

Unlike the referendum in which the constitution would either pass or fail, polling board members represented political parties that had no real expectation of an outright victory and merely hoped to achieve or maybe exceed the high end of predictions based on public opinion polls. This likely reduced tension on election day, including during the critical counting of ballots once polls closed, despite significant political differences within polling boards. The Center for Free Elections and Democracy (CeSID), a civic non-governmental organization, helped reduce tension by peppering Serbia with close to 4,000 domestic observers to discourage irregularities.

The day after the election, before final results were announced, the International Election Observation Mission held a press conference to announce its preliminary conclusions. As Special Coordinator, OSCE Parliamentary Assembly President Goran Lennmarker released the joint statement which began with the clear statement that the “parliamentary elections in Serbia were free and fair. They provided a genuine opportunity for the citizens of Serbia to freely choose from a range of political platforms. The 20 lists of political parties and coalitions vigorously competed in an open campaign environment. The election campaign was calm, and checks and balances ensured that the election reflects the will of the people, in line with the OSCE’s Commitments as well as with the Council of Europe standards.” The OSCE’s ODIHR released an additional report of its preliminary findings based on the month-long observation of its 28-member team. Despite the overwhelmingly positive assessment, the Republican Election Commission did cancel results in 14 polling stations due to irregularities.

World reaction to the results focused heavily on the continued support among the Serbian electorate for the Serbian Radical Party (SRS) led by indicted war criminal Vojislav Seselj, which garnered 28.7 percent of the vote, up from 27.6 percent in the last elections in 2003. That, of course, rightly leads to concern about Serbia’s inability to reject the extreme nationalism fostered by the Milosevic regime throughout the 1990s. On the other hand, the Democratic Party (DS) of President Boris Tadic came in second with 22.9 percent of the vote, an increase from 12.6 percent in 2003 and an indication that entrenched nationalist sentiments have not negated strong support for democratic development and integration.

The coalition led by the Democratic Party of Serbia (DSS) of the current Prime Minister, Vojislav Kostunica, gained only 16.7 percent of the vote, compared to 17.7 percent in 2003. The DSS, which bridges the nationalist/democratic divide in Serbian politics, appears to be replaced by the DS as the leading reform-oriented party in Serbia. G17-Plus, which has focused heavily on economic reform, saw its percentage of support drop but retained enough for parliamentary representation, as did the Socialist Party of Serbia (SPS), once led by Slobodan Milosevic. The Liberal Democratic Party (LDP), a newer party led by Cedomir Jovanovic which more completely than any other rejects the Milosevic legacy, crossed the 5 percent threshold by leading a coalitions of like-minded parties. The Serbian Renewal Movement (SPO) of Vuk Draskovic, which traditionally featured prominently in Serbia’s multi-party political history, did not. One Hungarian and two Romani parties, along with the Bosniak and the Albanian coalition, won one or more seats in the National Assembly.

The odds that the SRS will be part of a coalition government appear to be slimmer than one year ago, when that was a major concern. Instead, the hope is for the DS and the DSS to overcome differences to form a new government with the support of other democratic forces, such as the G-17 Plus. Such a coalition could advance Serbia’s integration into the Euro-Atlantic community. Prime Minister Kostunica’s past government relied on SPS support to stay in power, and he has indicated an unwillingness to enter a coalition with the Radicals. Personality conflicts, as well as differences over important issues such as cooperation with the Hague-based International Criminal Tribunal for the Former Yugoslavia (ICTY) and the appropriate response to an expected UN proposal on the status of Kosovo could complicate coalition formation. Most leading Serbian parties have counted on international concern over Serbia’s political direction to delay an expected UN recommendation, but that appears increasingly unlikely.

A proposal on a new status for Kosovo will jolt the Serbian political scene. Many in Serbia feel victimized by the Milosevic regime. They fail to fully appreciate, however, the tremendous damage and suffering inflicted on the neighboring peoples of the former Yugoslavia during the Milosevic era through the commission of war crimes, crimes against humanity and genocide, and a deep distrust resulting from Serbia’s inability to acknowledge that reality. Serbia will not fulfill its democratic promise until it fully comes to terms with this recent history. For that reason full cooperation with The Hague Tribunal remains essential. Over the longer term, democratic forces inside the country should prevail and advance Serbia’s reconciliation with its neighbors and its full integration into Europe, but without a mental break with its past this task will take longer and be more difficult to accomplish.

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Born in Czechoslovakia and the granddaughter of Holocaust survivors, Dr. Gelbart was introduced to Romani language, music, and culture at a young age. Her personal background drove her passion to study Romani culture further and to become an educator in Romani music, history, and other socio-political issues. “My family’s experience during the Holocaust was the primary motivator in my decision to become involved in commemoration efforts,” Dr. Gelbart says. “Increasingly, I am also coming to terms with how much this background has shaped my personal identity and psychological makeup, so continuing the work is important for my mental wellbeing.” She first studied musicology at UC Berkeley. Shortly after finishing her degree, she went on to pursue her postgraduate studies and earned a Ph.D. in ethnomusicology from Harvard University. Dr. Gelbart co-founded the Initiative for Romani music at New York University and is currently the music curator for RomArchive. She has also taught ethnomusicology, music psychology, as well as Romani music and language at the university level.  Her research has focused on interethnic communication, the Holocaust, music psychology, and institutional ethnography. “I try to take what people think they know about so-called ‘Gypsies,’ and replace it with something that's much more based in reality,” she explains. Dr. Gelbart passionately advocates for the use of music to not only educate about Romani culture, but also to reflect upon the difficult aspects of this community’s history. “Oral traditions and personal memoirs have kept the memory of the Holocaust alive among Roma and Sinti even in the absence of sympathetic institutions,” she observes. “The song Chajori Romani, for example, is considered an anthem of both Czech and Slovak Roma. It has a generic, happy text about a Romani girl, but also an alternate text that recounts the conditions of a concentration camp. Thus, even though the Holocaust-related text is sung less frequently, it looms in the background of this popular memory, which has come to be known as ‘the Romani lament’ regardless of which lyrics are being sung.” “When people pay close attention to Romani music, they can learn not only things they may not have expected to find out about Roma and Sinti, but also about themselves,” Dr. Gelbart notes. “For example, many people associate Manouche (French Romani) people with Gypsy Jazz, and Gypsy Jazz with emotive passion. On objective analysis, however, it turns out that strong sentiments tend to be projected onto Gypsy Jazz and its performers, based on stereotypes of ‘Gypsies,’ rather than being inherent in the music itself. Also, some of the composers and performers who may be perceived as wild musicians have in fact produced decidedly tame, deeply reflective musical pieces, including a few with Holocaust-related themes.” She continues, “Students and lecture audiences are surprised by the existence of Romani Holocaust songs, and as a consequence some of them ask why they were previously never exposed to the voices of Roma and Sinti in Holocaust education. At that point, it is useful to point out that just as Roma and Sinti expressed their grief and ongoing fears for their safety in songs during and after World War II, some of them also wrote memoirs or formed organized commemoration narratives. The image of Romanies as unschooled or illiterate is persistent, and yet Holocaust-related education shows Romani traditions in a rather different light.” Dr. Gelbart works to educate her students and colleagues about the discrimination Romani face in Europe and to correct the offensive misconceptions many hold about them. One challenge she faces in educating people about the Romani experience during the Holocaust is undoing the erasure of Romani victimhood from historical narratives. Throughout much of Europe, the Romani were formerly not a legally recognized ethnic group and thus were excluded from regional Holocaust memory and discouraged from speaking out about their experiences. “It is absolutely true that the continued, state-sponsored shaming of Romani cultures made surviving Romani families very unlikely to speak out about their wartime experiences,” Dr. Gelbart explains. “There is an enduring misconception that Romani Holocaust remembrance is typically private,” she continues. “In reality, Romani attempts to give public testimony about genocide have largely paralleled post-war developments in Jewish families, albeit at a slower pace.” In August, the Czech government agreed to remove the pig farm from the Lety concentration camp site. Dr. Gelbart believes that this decision is symbolic of the gradual inclusion of Romani Holocaust experiences in mainstream discourse. “The pig farm at Lety, along with the recreational complex on the site of the Hodonin camp (where my great-great-grandmother was murdered by a Czech guard), are symbolic of not only the imperative to include Roma and Sinti fully in mainstream discourse on the Holocaust, but also the need to examine why the Romani Holocaust tends to be relegated to footnotes,” she says. Though she sees improvement in the perspectives and treatment of Romani communities and history, Dr. Gelbart argues that the Romani experience during the Holocaust is understudied and that this trend reflects itself in lasting discrimination towards the community. “In my opinion, the most important part of remembrance is making connections to present-day perils,” she explains. “We can honor the work of the Roma and allies who have fought for the dignity of the Lety victims, but we must not stop publicly pointing out the larger context of this struggle.” Dr. Gelbart is committed to expanding the study and inclusion of Romani history and culture in the public sphere. She urges governments to take greater care in promoting Romani rights and society to learn more about the Romani, while elevating their memory above mere victimhood. “Every book, every college course, every school curriculum and every ceremony commemorating the Holocaust should strive to make its audience aware of the difference between how Romanies are assumed to be and how they actually live their lives. It can be as simple as saying that ‘Roma and Sinti are a highly diverse ethnic group, with many communities striving for social integration. The same ideologies that labeled Romanies as subhuman in times of genocide are hindering their education, employment, and even physical safety in the twenty-first century.’ If nothing else, we need to show Romani students in both Europe and the Americas that their existence and their heritage are worth as much as any other group’s,” she says. Dr. Gelbart’s activism within the Romani community extends beyond the classroom. She works with Czech families who foster or adopt Romani children. She is also interested in the role music plays in therapy, specifically in rehabilitative and developmental therapy. She is based in New York.

  • The Rule of Law: Justice for the Bytyqi Brothers

    By Robert Hand, Policy Advisor From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM).  The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. OSCE commitments recognize that adherence to the rule of law is essential to democratic governance and to ensuring respect for human rights and fundamental freedoms. They also emphasize the importance of providing justice in cases of criminal acts which egregiously violate human rights and fundamental freedoms. Justice not only punishes the perpetrator of the crime; it also brings closure to the victim or surviving family and friends, and it allows the society in which it took place to move forward. The Murder of the Bytyqi Brothers Ylli, Agron, and Mehmet Bytyqi were all United States citizens, born near Chicago, Illinois, to ethnic Albanian parents from Kosovo.  (Previously an autonomous province of Serbia within the former Yugoslavia, Kosovo has been an independent state since 2008.) The three brothers, all in their 20s, responded to the brutality of the 1999 Kosovo conflict by joining the so-called “Atlantic Brigade” of the Kosovo Liberation Army.  Hostilities ceased in June of that year, following a NATO air campaign designed to stop Serbian forces from repressing the local population and committing atrocities.  About two weeks later, the Bytyqi brothers agreed to escort an ethnic Romani family, who had been neighbors of the Bytyqi family in Kosovo, to a place of greater safety.  Dressed in plain clothes and unarmed, the brothers accidently strayed across an unmarked administrative border and were arrested by the Serbian police.  They were jailed for two weeks for illegally entering the country.  Rather than being released, Ylli, Agron, and Mehmet Bytyqi were instead placed in the custody of a special operations unit of the Serbian Ministry of Internal Affairs and taken to a training facility where all three were murdered.  Two years later, their bodies were found with hands bound and gunshot wounds to the back of their heads, buried atop an earlier mass grave of approximately 70 murdered Kosovo civilians. Justice Denied While an investigation reportedly continues, no individual has been found guilty – or even charged – for the murder of the Bytyqi brothers.  Senior U.S. officials and Members of Congress, including several serving on the Helsinki Commission, repeatedly have urged that action be taken by Serbian authorities, including war crimes prosecutors in regard to this case; a resolution to that effect is pending in the U.S. House of Representatives.  While serving as Prime Minister from 2014 to 2017, Serbian President Aleksandar Vucic promised quick action on several occasions, both in public gatherings and in private meetings with the Bytyqi family.  Recently, however, he has reportedly criticized those who remind him of his promises or who express concern about the close connections the leading suspect in the case, former Interior Ministry official Goran “Guri” Radosavljevic, has with the ruling Serbian Progressive Party. The execution-style murder of Ylli, Agron, and Mehmet Bytyqi was clearly an extrajudicial act committed by government forces, a horrific crime like so many committed by the Serbian regime of Slobodan Milosevic throughout the 1990s.  The surviving Bytyqi family, currently residing in New York state, has asked for nothing more than bringing those responsible to justice. U.S. Government officials have also called for justice in a case of the three murdered U.S. citizens, even as they otherwise express support for Serbia and its European aspirations. Human rights groups in Serbia have joined the call for justice, including as a way to distance their country from a period in its recent past marked by aggressive nationalism and egregious human rights violations on a massive scale. All that remains if for Serbian authorities to take the action promised by their political leaders.            

  • Preventing Modern Slavery through Education of Children

    By Allison Hollabaugh, Counsel From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM).  The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. As traffickers seek to lure adolescents into exploitation, holistic anti-trafficking education of teachers and children directly in schools is emerging as a critical tool to fight modern day slavery across the OSCE region.  Education has long been used in the prevention of human trafficking, the first of “3 Ps”—prevention, prosecution, and protection—around which most of the OSCE participating States have structured their laws to combat trafficking in human beings.  For instance, embassies and consulates include trafficking warnings and trafficking hotlines in information to individuals seeking visas, especially those individuals coming to be domestic servants. Tourists are educated in airports about the legal penalties of sexually exploiting vulnerable children.  Flight attendants and hotel operators are trained in how to recognize and safely report potential trafficking victims. Members of the law enforcement community are educated in the procedures for identifying trafficking victims among migrant and refugee flows through programs like the OSCE Extra Budgetary Project, which successfully concluded its third training last week in Vicenza, Italy.  International organizations have targeted aid for trafficking awareness education in countries where severe lack of economic opportunity makes teens extremely vulnerable to sham offers of jobs abroad. However, traffickers are increasingly preying upon children’s social vulnerability, not just economic need.  Social vulnerability—such as feelings of alienation, unresolved emotional or physical abuse, learning disabilities, or unfamiliarity with a new culture and language—means that children of every socio-economic background across participating States are at risk of being taken advantage of by traffickers.  Children’s often unlimited and unmonitored access to the internet can also endanger them.  Traffickers scout social media with fake profiles, looking for children they can extort into trafficking.  A child sends a half-naked photo to their “new friend” on social media, who then threatens to send the photos to the child’s parents and friends—unless the child does as they say.  No child is immune, but some are now smarter than their would-be traffickers. Non-governmental organizations in the United States and United Kingdom have been taking prevention to new heights through programs to train children in schools how to avoid being ensnared by human traffickers.  The Frederick Douglass Family Initiatives PROTECT project, and Just Enough UK, to name a few, have pioneered curricula that helps children—and their teachers—navigate the new faces and ploys of modern day slavery. Including age-appropriate, anti-trafficking education of teachers and school children in the standard curriculum for all children means that the suffering and harm caused by human trafficking can be halted early—or avoided altogether.  At a recent hearing in the U.S. House of Representatives Foreign Affairs Committee, Co-Founder and Executive Vice President of the Frederick Douglass Family Initiatives, Robert Benz, observed, “The cost benefits to taxpayers, for preventing or mitigating human trafficking at an early stage, are enormous. The human benefit for preventing someone from being victimized is incalculable.” Such educational initiatives may soon benefit from new federal government grants in the United States.  Helsinki Commission Co-Chairman Rep. Christopher Smith, Special Representative for Human Trafficking Issues to the OSCE Parliamentary Assembly and author of the U.S. laws that establish and fund the “3Ps”, included in the new Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act (H.R. 2200) authority for the training of teachers and students to recognize and avoid human trafficking.  H.R. 2200 passed the House of Representatives in July and awaits consideration in the U.S. Senate.

  • Helsinki Commission Chief of Staff Meets with New ODIHR Director Gísladóttir

    On September 13, Helsinki Commission Chief of Staff Ambassador David T. Killion met with the new Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), Ingibjörg Gísladóttir, during the 2017 OSCE Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland. Ambassador Killion stressed the Commission’s commitment to the autonomy and work of ODIHR, and highlighted several Commission priorities including fighting anti-Semitism and racism; combating trafficking in persons; promoting religious freedom; and strengthening democratic institutions. He also noted the Commission’s support for the work of the ODIHR Contact Point on Roma and Sinti Issues. Ambassador Killion urged Director Gísladóttir to continue ODIHR’s positive collaboration with the OSCE Parliamentary Assembly, noting strong Commission support for OSCE election observation. Turning to the HDIM, he emphasized the importance of the continued open participation of civil society in the event, which is a singular feature of the annual meeting. He said the Commission will continue to fulfill its mandate to monitor the participating States’ compliance with their OSCE commitments, with particular regard to those relating to human rights.  

  • The Scourge of Russian Disinformation

    Russian disinformation is a grave transnational threat, facilitating unacceptable aggression by Russia both at home and across the 57-nation OSCE region. Russian disinformation helps support rampant violations of OSCE norms by the Putin regime, ranging from internal human rights abuses to military intervention in neighboring states to interference in elections in several countries. On Thursday, September 14, 2017, the U.S. Helsinki Commission held a hearing on Russian disinformation in the OSCE region. Sen. Cory Gardner (CO) presided over the hearing on behalf of Commission Chairman Sen. Robert Wicker (MS). Witnesses included Mr. John F. Lansing, CEO and Director of the Broadcasting Board of Governors; Ms. Molly McKew, CEO of Fianna Strategies; and Ms. Melissa Hooper, Director of Human Rights and Civil Society Programs at Human Rights First. In his opening statement, Sen. Gardner described the serious threat that Russian disinformation poses to the liberal international order, and underscored “how it undermines the security and human rights of people in the OSCE region.” Russia’s goal, he said, is “to sow fear, discord, and paralysis that undermines democratic institutions and weakens critical Western alliances such as NATO and the EU.” Ranking Member Sen. Ben Cardin (MD) highlighted the impact of Russian disinformation campaigns in Ukraine in conjunction with the recent invasions of Crimea and the Donbas. He also noted the extent of Russian efforts to influence the 2016 presidential election in the United States, and observed that such disinformation campaigns take advantage of our democratic institutions to advance Russia’s strategic agenda. Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04) characterized Russia’s disinformation efforts as a part of a strategy of “hybrid war,” and emphasized the need for the United States and its allies to develop counter-disinformation strategies as part of a “hybrid defense.” Mr. Lansing, the first witness to testify, outlined the structure and scope of the BBG’s broadcasting operations, and the role it plays in countering disinformation abroad. “The Russian strategy seeks to destroy the very idea of an objective, verifiable set of facts,” he said. “The BBG is adapting to meet this challenge head on by offering audiences an alternative to Russian disinformation in the form of objective, independent, and professional news and information.” He also described the BBG’s recent expansion of programming in the Post-Soviet space, and its flagship Russian-language program "Current Time," launched in February 2017. In her testimony, Ms. McKew described Russia’s disinformation campaign as “the core component of a war being waged by the Russian state against the West, and against the United States in particular.” She noted, “These manipulations don’t create tendencies or traits in our societies.  They elevate, exploit, and distort divides and grievances that already are present.” She also emphasized the need for a coordinated response from the United States Government and its allies, and proposed an increased role for the U.S. military in countering disinformation. Ms. Hooper reminded the Commission that, while Russian disinformation has taken center stage in recent U.S. policy debates, it is only one of many methods employed by the Russian government to advance its agenda. “It’s part of a coordinated effort to disrupt and attack liberal norms wherever the opportunity arises using economic influence, electoral disruption, [and] the weakening of multilateral institutions,” she said. She also discussed the upcoming German parliamentary elections, and the potential for disinformation to influence its outcome. She commended the German government’s efforts to warn the public about disinformation, but criticized recent legislation that would increase censorship on social media. In response to a question from Sen. Gardner, Ms. Hooper noted that countering disinformation requires more than fact-checking false claims, and emphasized the need for a strategy of proactive narrative communication. Rep. Gwen Moore (WI-04) concurred with Ms. McKew’s statement that, in order to combat the threat of Russian disinformation, it is necessary for the Administration and Congress to come to a consensus on the existence of Russian meddling in the 2016 campaign. Sen. Sheldon Whitehouse (RI) inquired about the potential for Russian influence in upcoming elections by means of anonymous campaign spending, and about the role that the international banking system plays in sustaining corruption in Russia and neighboring states. Rep. Smith and Sen. Jeanne Shaheen (NH) sought the witnesses’ opinions on the recent news that Russian state-owned networks RT and Sputnik are being investigated for possible violations of the Foreign Agents Registration Act (FARA). Ms. McKew spoke in favor of stricter enforcement of FARA, while Mr. Lansing responded that he has concerns about retaliatory restrictions on U.S.-funded media in Russia. “I believe that this disinformation is one of the biggest threats that our democracy faces today,” said Sen. Shaheen. “This is a threat to the foundations of American democracy. It has nothing to do with Republicans and Democrats.”

  • Democratic Elections in the OSCE Region

    From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM).  The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. In the 1990 Copenhagen Document, the OSCE participating States adopted, by consensus, watershed commitments on free and fair elections. They stated that the participating States: “. . . solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings are the following: [ . . . ] — free elections that will be held at reasonable intervals by secret ballot or by equivalent free voting procedure, under conditions which ensure in practice the free expression of the opinion of the electors in the choice of their representatives; [ . . . ] — a clear separation between the State and political parties; in particular, political parties will not be merged with the State;”  Accordingly, the participating States rejected the concept of a one-party state or “modified” democracy (e.g., communist- or socialist-democracy).  In a summit held later that year, the OSCE Heads of State or Government declared, “We undertake to build, consolidate and strengthen democracy as the only system of government of our nations.” In spite of the OSCE commitment to hold free and fair elections, some OSCE participating States have demonstrated even more resistance—if not complete unwillingness—to hold free and fair elections. In a few, a transfer of power is more likely to be the result of death than an election.  In some cases, a generation has come of age under a single ruler or ruling family. Download the full report to learn more. Download highlights of conclusions and recommendations drawn from OSCE election reports (October 2016 to September 2017). Contributors: Robert Hand, Senior Policy Advisor, Janice Helwig, Representative of the Helsinki Commission to the U.S. Mission to the OSCE, Everett Price, Senior Policy Advisor, Scott Rauland, Senior State Department Advisor, Erika Schlager, Counsel for International Law, and John Engelken, Intern

  • Criminal Defamation and "Insult" Laws in the OSCE Region

    From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM).  The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. Numerous international documents, including those adopted by the Organization on Security and Cooperation in Europe (OSCE), establish freedom of expression as a fundamental right. However, the right to free speech is not absolute. Consistent with international law, certain kinds of speech, such as obscenity, may be prohibited or regulated. When governments do restrict speech, those restrictions must be consistent with their international obligations and commitments; for example, the restrictions must be necessary in a democratic country and proscribed by law. Criminal defamation and "insult" laws are often defended as necessary to prevent alleged abuses of freedom of expression, but they are not consistent with OSCE norms and their use constitutes an infringement on the fundamental right to free speech. Despite this, criminal defamation and insult laws continue to be abused for political purposes in several OSCE participating States. Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law, and Jordan Warlick, Office Director

  • The 2017 Human Dimension Implementation Meeting: An Overview

    Each year,1 the OSCE Office for Democratic Institutions and Human Rights (ODIHR) organizes the Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland. As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress.  The 2017 HDIM will be held from September 11 to September 22. Human Dimension Implementation Meeting 2017 The HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma.  Each year, three special topics are selected for a full-day review.  2017 special topics will be 1) ensuring “equal enjoyment of rates and participation in political and public life,” 2) “tolerance and nondiscrimination,” and 3) “economic, social and cultural rights as an answer to rising inequalities.”  This year’s meeting will take place at the Warsaw National Stadium (PGE Narodowy), the site of the NATO summit earlier this year. The meeting will be webcast live. Background on the Human Dimension Implementation Meeting When the Helsinki Final Act was signed in Finland in 1975, it enshrined among its ten Principles Guiding Relations between Participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the Final Act included a section on cooperation regarding humanitarian concerns, including transnational human contacts, information, culture and education. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as trafficking in human beings and refugees), and concerns relating to tolerance and nondiscrimination (e.g., countering anti-Semitism and racism). One of the innovations of the Helsinki Final Act was agreement to review the implementation of agreed commitments while considering the negotiation of new ones. Between 1975 and 1992, implementation review took place in the context of periodic “Follow-up Meetings” as well as smaller specialized meetings focused on specific subjects. The OSCE participating States established permanent institutions in the early 1990s. In 1992, they agreed to hold periodic Human Dimension Implementation Meetings” to foster compliance with agreed-upon principles on democracy and human rights. Additional changes to the modalities for the HDIM were agreed in 1998, 2001, and 2002, which included shortening the meeting from three weeks to two weeks, and adding three “Supplementary Human Dimension Meetings” annually on subjects selected by the Chairmanship-in-Office on particularly timely or time-sensitive issues. One of the most notable features of the HDIM is the strong participation of non-governmental organizations. The United States has been a strong advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE modalities allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. 1 In exceptional years when the OSCE participating States hold a summit of heads of state or government, the annual review of human dimension commitments is included as part of the Review Conference which precedes the summit, and also includes a review of the political-military and economic/environmental dimensions.

  • Taming the OSCE’s Least-Developed Region: the Arctic

    By Paul Massaro, Policy Advisor, U.S. Helsinki Commission, Dave Zwirblis, Coast Guard Fellow, Office of Chairman Roger F. Wicker, Neal McMillian, NOAA Fellow, Office of Chairman Roger F. Wicker, and Alanna Schenk, Intern, U.S. Helsinki Commission The Arctic region—with its rapidly growing ecological, political, and economic importance—is almost as large as Africa, yet it is often overlooked in critical policy debates. As an Arctic nation and one of two nuclear powers within the region, the United States is central to Arctic development and maintaining the stability of the region. Despite including all eight Arctic nations, the Organization for Security and Cooperation in Europe (OSCE) has been largely dormant when it comes to Arctic issues. However, the OSCE Parliamentary Assembly (OSCE PA) includes a Special Representative for Arctic Issues, Ola Elvestuen of Norway, and has passed resolutions on the Arctic at its Annual Sessions, including as part of the 2010 Oslo Declaration and the 2013 Istanbul Declaration. Given the growing importance of the Arctic, the OSCE has many opportunities to increase its engagement in the Second Dimension—its portfolio of economic and environmental issues—in ways that would supplement the work of the Arctic Council, the primary intergovernmental actor in the region. Economic Opportunities In the near future, there likely will be a significant rise in human activity along the Northern Route. As sea ice melts, new shipping lanes are opening up offering unprecedented access to trade routes, natural resources, and even tourism opportunities. For example, the CRYSTAL SERENITY, a 1,000 passenger luxury cruise liner, is conducting a first of its kind month-long Arctic cruise through the Northwest Passage in summer 2017.  Increased maritime traffic and engagement stemming from these economic opportunities present numerous new challenges for the Arctic nations.  The Arctic region remains underdeveloped and lacking in critical infrastructure. The absence of continuous and robust U.S. and international community assets means response to any type of transportation or environmental disaster in these remote areas would be extremely slow and difficult to execute. Additionally, only 4.7 percent of the U.S. Arctic and 9 percent of the total Arctic waterways are charted to modern navigation standards.  Any increase in economic development and shipping in the Arctic will require cooperation from all stakeholder nations to build up the emergency infrastructure and provide the icebreaker vessels necessary to conduct pollution response and cleanup, search and rescue, and maritime security operations. Currently, the U.S. Coast Guard only has two polar icebreakers in operation.  These vessels break channels through the ice to maintain shipping lanes, perform search and rescue and law enforcement operations, and act as platforms for scientific research.  The Coast Guard’s oldest icebreaker and only one capable of heavy icebreaking, the POLAR STAR, was commissioned in 1976 and is operating well past its intended service life. If this vessel were to break down, it would be a single point of failure in the United States’ ability to protect its sovereign interests throughout the Arctic.  According to a 2011 Coast Guard assessment, the agency will need a minimum of six icebreakers to fulfill its statutory missions in the polar regions.  In an effort to recapitalize its aging icebreaker fleet, the Coast Guard plans to award a contract to a U.S. shipbuilder in 2019 with anticipated delivery of the first vessel by December 2022. Other Arctic nations, including Canada, Sweden, Finland and Demark have limited icebreaking capability as well. Russia currently owns and operates a fleet of more than 40 icebreakers. Ensuring that the increasing economic activity in the Arctic region is sustainable can only be achieved if the Arctic nations become fully engaged as soon as possible. It is imperative that this infrastructure is developed responsibly and sustainably with regard for the Arctic land and people—whether it is through low-effect shipping, sustainable shipping lanes, or science-based marine management.  Throughout this economic development, engaging and involving the native Arctic peoples will be vital to integrate Arctic communities into the global economy during this time of rapid change. Environmental Challenges The way that the Arctic nations respond to the changing climate and its respective perils and possibilities will shape the world’s response to climate change and the future of international cooperation.  Science and technology in the Arctic present opportunities for this collaboration. The Arctic is an emerging hotbed for scientific research.  Much is still to be learned regarding ice sheets, under-ice conditions, glacial dynamics, polar ecosystems, and biodiversity.  In the face of rapid ecological changes, it is vital for the international science community to come together to gather baseline information and develop the infrastructure to monitor the ecological changes. Based on temperature changes and shifts in food regimes, species are moving around the Arctic, shifting from territorial waters into the newly accessible Arctic high seas.  While commercial fleets have yet to coalesce in the high-seas Arctic, the international community has the unique opportunity to develop governance frameworks and complete baseline studies in anticipation of the new fishery.  In 2015, five Arctic nations—the United States, Canada, Russia, Denmark, and Norway—agreed to halt high seas fishing in the Arctic until research gaps on the condition of the emerging fisheries were better understood.  Oil spill prevention and response as well as search and rescue are areas where infrastructure is minimal in the Arctic. Emergency response efforts are hindered by an absence of basic logistical support and infrastructure. Furthermore, while private companies have invested in infrastructure related to oil and gas exploration and extraction, this is not sufficient to fulfill infrastructure needs and additional investment will be required.

  • Reaching Consensus on Senior OSCE Appointments

    On July 18, 2017, the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE) formally approved by consensus new leaders for four OSCE institutions: Thomas Greminger (Switzerland): OSCE Secretary General. Ingibjörg Sólrún Gísladóttir (Iceland): Director of the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR). Harlem Désir (France): Representative on Freedom of the Media. Lamberto Zannier (Italy): High Commissioner on National Minorities. Following weeks of debate, the agreement was reached on the margins of an informal Ministerial Council meeting in Mauerbach, near Vienna, held under the auspices of the 2017 Austrian chairmanship.  Download the full report to learn more. Contributors: Robert Hand, Senior Policy Advisor, Janice Helwig, Representative of the U.S. Helsinki Commission to the U.S. Mission to the OSCE, and Erika Schlager, Counsel for International Law

  • Muslims & Minorities in the Military

    A demographic shift spanning both sides of the Atlantic has brought the issues of diversity and inclusion to the forefront of the agendas in the public and private sector, including the security sector across the OSCE region.  The OSCE has had a focus on diverse populations, from Roma and Jewish populations to national minorities and migrants in Europe and the United States, since its inception.  This focus has increased in recent years with the demographic shifts being experienced in the US and throughout Europe.  The U.S. Census Bureau predicts that racial and ethnic groups will comprise close to 60 percent of the U.S. population by 2060, and that by the next decade the majority of the U.S. workforce will be people of color – e.g., Asian, Latino, and migrant populations – which will also account for much of the U.S. population growth in years to come.  In Europe, demographers predict that aging and waning birthrates will lead to a decline in workers. Historically, racial, ethnic, religious, and gender minority groups have been under represented in the security sector, yet they hold untapped potential to address the new and complex challenges of the 21st century. Panelists suggested making the military more attractive to all individuals, including from these groups, and addressing barriers of prejudice and bias.  Additionally, panelists recommended leadership in governments and the security sector embrace change efforts through words, actions and policies.  The expertise and experiences of the panelists were broad and included representation from various countries in Western Europe.‎  Rozemina Abbasi from the U.K. Ministry of Defense detailed research and outreach programs being carried out to achieve diversity targets set by military leadership as well as the Prime Minister in the United Kingdom. Dr. Elyamine Settoul, an academic at the French Ministry of Defense, spoke about the historical and present day contributions of muslims in the military, including assisting in the liberation of France during World War II.  Dominik Wullers a procurement spokesman for the Federal Ministry of Defense, explained the struggle to change perceptions and stereotypes of German soldiers, and how he launched the Deutscher.Soldat (German Soldier) initiative to address these issues. Samira Rafaela, the Organizational Strategy Advisor for the Dutch National Police, detailed community policing and other initiatives in the Netherlands to advance diversity in the forces. Helsinki Commissioner Representative Gwen Moore joined the panel and discussed the history of desegregation in the United States and patriotism in response to questions about the President's tweet stating transgender individuals would no longer be able to serve in the military. European panelists also responded to the question detailing diversity policies in their countries. The briefing took place against the backdrop of Helsinki Commissioners Senator Ben Cardin, Ranking Member and OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism, and Intolerance, and Representative Alcee Hastings speaking at the German Marshall Fund's conference, "Mission Critical: Inclusive Security: Inclusive Leadership for the Security Sector". Addressing European and American security sector leaders and practitioners on the importance of diversity, Commissioner Cardin told of his work with Republican Senate Foreign Relations Chairman Bob Corker to include diversity provisions for the national security workforce in the State Department Authorization Bill before the Committee that day. Commissioner Hastings spoke of his efforts on the Rules committee to include diversity provisions in the Intelligence Bill being voted on the next day. Both Commissioners spoke at the first Mission Critical conference that took place in 2013. http://bit.ly/mcreport2017

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