Chairman Hastings Commends Cyprus for Ending Golden Passport ProgramTuesday, October 13, 2020
WASHINGTON—Following the decision of Cyprus to cancel its so-called golden passport program, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “Golden passports are routinely abused by kleptocrats and crooks looking to hide their identity by using dirty money to purchase a second citizenship. I commend Cyprus for its decision to terminate this program and urge other EU countries to follow suit. Ending golden passports will help ensure that the EU provides no safe haven for those who would abuse its openness. Citizenship should not be for sale.” The Cyprus golden passport program has long faced criticism for its abuse by corrupt foreign officials. Both Transparency International and Global Witness have released reports highlighting the dangers of the Cyprus golden passport program, and the European Commission singled out Cyprus in its 2019 report on citizenship-by-investment in the EU. An Al Jazeera investigation entitled “The Cyprus Papers” found that more than 1,000 wealthy Russians received a Cypriot passport between 2017 and 2019, accounting for more than half of all applicants, and a recent undercover video allegedly showed senior Cypriot officials discussing how to enable a convicted criminal to purchase a golden passport.
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.
Statement at the OSCE Event "Policing in Diverse Societies: Principles and Good Practices"Tuesday, October 06, 2020
In the past months, we have seen a rise in anti-racism protests and movements across the globe. However, there is nothing recent about the roots of systemic racism that were planted in our societies centuries ago. Through targeted and conscious action in the United States and throughout the OSCE region, this racism can be removed, root and branch. Addressing racism has long been a focus of my work as Special Representative on Anti-Semitism, Racism, and Intolerance for the OSCE Parliamentary Assembly and as a U.S. Senator in the leadership of the U.S. Helsinki Commission, simply because when we advance racial justice and civil rights, we strengthen the foundations upon which our democracies were established. It is for this reason, that the U.S. Helsinki Commission has joined forces with the High Commissioner on National Minorities’ Office to hold today’s event following several hearings and other initiatives the Commission has advanced on international racial justice and human rights at home following the tragic death of George Floyd. I am pleased that Hilary Shelton of the NAACP is also with us today to discuss the work of civil society in addressing this problem. In the past I have said, “before they first put on a badge, a police officer takes an oath to uphold the law. Most do so with the best intentions and carry out their duties with a willingness to help communities. But in far too many communities around the country, the system in which they work has been failing. People are dying at the hands of police, predominantly people of color. Accountability has been tied to public videos rather than doing the right thing.” Black lives matter and we must do better to protect the civil rights, human rights, and lives of men, women, and children of our country and throughout the OSCE region. My state of Maryland has had numerous protests in response to the tragic police killing of George Floyd, Freddie Gray, Breonna Taylor, and other African-American members of our community. In response, I have called for a federal civil rights investigation into the killing of George Floyd, and some years ago introduced the End Racial and Religious Profiling Act (ERRPA) and the Law Enforcement Trust and Integrity Act (LETIA). I co-sponsored the Justice in Policing Act in the Senate, which would combat police misconduct, excessive force, and racial bias in policing. The Justice in Policing Act legislation included my ERRPA and LETIA legislation, which has passed the House but has stalled in the Senate. I have been proud to work with my House and Senate colleagues on this and other legislation that requires enhanced profiling data collection for our Justice Department; conditions State and local law enforcement funds on combating profiling, and requires performance-based standards to ensure that instances of misconduct will be minimized through training and oversight. Other important provisions included in the Justice in Policing Act will save lives. The bill bans choke holds by federal authorities and conditions federal law enforcement funds for State and local governments on the adoption of choke hold bans. It also bans no-knock warrants in federal drug cases to address the tragic circumstances that led to the death of Breonna Taylor and others. Importantly, this legislation also calls for steps critical to demilitarizing our police forces. I have repeatedly said we are a civilian society; not a military state--and we must encourage more professionalism, consistent with changing our police officers' mentality from a warrior mindset into a guardian mindset. This means limiting the transfer of military-grade equipment to State and local law enforcement and requiring Federal uniformed police officers to wear body cameras. Finally, the legislation holds police accountable in courts and gives better tools to the Department of Justice and State attorneys general to investigate and prosecute police misconduct. In 2016, the Department of Justice concluded that the Baltimore Police Department had targeted African-American residents for disproportionate and disparate treatment and that this widespread pattern and practice was illegal and unconstitutional. The U.S. District Court for the District of Maryland is now overseeing a complete overhaul of the Baltimore Police Department, which began in 2017. We have made progress since the tragic death of Freddie Gray in Baltimore in 2015, but recent events indicate we have so much more work to do. These are examples of legislative and legal aims that could serve as a guide across the globe. I welcome today’s event as an opportunity to consider these and other practices that can improve law enforcement and its relations with our communities. I have seen the extraordinary difference it can make when public leaders acknowledge past injustices, work to heal and repair the past, and build safe and inclusive societies. I have seen how empowering communities to reimagine public safety in an equitable and just way can transform our societies. Mark Duggan in the UK, Adama Traore in France, Oury Jalloh in Germany are just some of the Black and minority European lives that have been lost to police killings over the past two decades whose names have been recalled in recent protests. While Roma populations continue to be the victims of unwarranted police raids and excessive use of force sometimes resulting in death. From Russia to Canada, our country is not alone in confronting issues of discriminatory policing and racial injustice in the region. Working together with the High Commissioner’s office and other OSCE institutions, we can strengthen efforts to ensure racial justice and the protection of human rights for all as enshrined in the Helsinki Final Act.
WHY SOCIAL INCLUSION IN FOREIGN POLICY MATTERSMonday, October 05, 2020
By Nida Ansari, 2019 State Department Detailee / Policy Advisor The U.S. National Security Strategy articulates “a strong and free Europe to advance American prosperity and security; the promotion of universal values, democracy, and human rights where they are threatened; and opposition to Russian aggression and disinformation” as a key U.S. foreign policy goal for Europe. However, the transatlantic partnership between the United States and Europe, grounded in the U.S.-led post-World War II order based on alliances with like-minded democratic countries and a shared commitment to free markets and an open international trading system, recently has been tested, in part due to a declining faith in democratic institutions. According to a 2020 Pew Research study, in 11 of the 57 countries that make up the region of the Organization for Security and Cooperation in Europe (OSCE), approximately half of those surveyed are dissatisfied with the way democracy in their countries is functioning, regardless of whether the economies are advanced or emerging. Italy, Greece, and the United States report some of the highest levels of dissatisfaction. In Europe, such dissatisfaction—particularly in nations that have traditionally been U.S. allies—can be attributed in part to internal domestic challenges including economic decline, the rise of antiestablishment political parties, the weakening of the rule of law, increased migration, and heightened security concerns. To renew confidence in the shared values that underpin the transatlantic partnership, the United States needs to bolster initiatives that restore faith in democratic institutions. Efforts should focus on the future generation of emerging leaders to foster sustainable western democracies and preserve the transatlantic partnership. Social inclusion initiatives can play a key role in sustaining western democracies and the transatlantic partnership in the face of growing domestic and international challenges. Why Integrate Social Inclusion into U.S. Foreign Policy toward Europe? According to the most recent Eurostat data, 22.4 percent of the EU population—including women, young people, people with disabilities, and migrants—are at risk of social exclusion, defined as the lack of fundamental resources, as well as the inability to fully participate in one’s own society. Social exclusion has historically particularly inhibited young people from being better equipped with the capacity, tools, and innovative solutions to effectively participate in democratic life, and have equal access to resources to take part in social and civic engagement. To take action to directly address historic inequities impacting youth, emerging leaders were called upon during the sixth cycle of the European Union (EU) Youth Dialogue to lay out a path for inclusive policymaking. Following a Council of the European Union Resolution in November 2018, the EU Youth Strategy 2019-2027 introduced eleven European Youth Goals, among them quality employment for all, inclusive societies, and space and participation for all. The Eurostat data indicates the critical need to empower young and diverse populations with the knowledge, tools, opportunity, and access to fully participate in democracies. Additionally, amid signs of weakening democratic institutions and rapid demographic change, emerging leaders from diverse backgrounds are uniquely positioned to address underlying societal tensions and develop strategies for understanding and addressing causes of exclusion. When youth and diverse populations are unable to fully participate in economic, social, political, cultural and civic life, disparities in labor market participation, employment opportunities and uneven political and civic participation increase. However, given the capacity to organize, express their views, and play a constructive and meaningful role in decision making processes, emerging leaders are more likely to demand and defend democracy institutions. Engaging young and diverse leaders therefore is essential to secure the future of transatlantic relations and can only help inform the U.S. strategy on confronting deeper trends effectively. Inclusive leadership has never been more relevant. The notion of what leadership looks like has changed and grown more complex and diverse in the 21st century. In order to uphold core democratic values and transatlantic relations, there needs to be a redesign and rethinking of transatlantic engagements with this complexity in mind in the domain of foreign policy and diplomacy. As U.S. and European democracies move towards more inclusive societies, both sides need to capture the pulse of young and diverse populations who have been socially and economically underrepresented and bring their voices to the table. Operationalizing Social Inclusion within U.S. Diplomacy To deepen diplomatic engagements with regional counterparts, the State Department would benefit from adding a new resource to the diplomatic toolkit: institutionalizing a sustainable, ongoing social inclusion unit for Europe, similar to the Race, Ethnicity, and Social Inclusion Unit that currently exists in the State Department’s Western Hemisphere Bureau, to increase the level of participation of populations who have historically been excluded from participating in the democratic process. The unit would incubate social inclusion initiatives and assist various regional and functional bureaus to meet these efforts. European youth leaders have expressed interest in increasing their mobilizing efforts; however, they often have insufficient access to inclusive networks and need guidance on implementation. Therefore, this unit would convene youth leaders to collaborate on community-based initiatives and ideas being pursued around the world, share best practices with U.S. practitioners on inclusive measures and strategies to address regional imbalances on both sides of the Atlantic. Programs that the State Department has conducted with the Helsinki Commission, such as the Transatlantic Inclusion Leaders Network administered by the German Marshall Fund of the United States and the recently launched On the Road to Inclusion, have shown enormous promise in identifying young and diverse political and civil society leaders committed to strengthening their democracies, including through civic education and social inclusion initiatives. Such programs have enjoyed bipartisan support in the U.S. and Europe and should be strengthened as part of an overall initiative to instill strategic U.S. policies and programming that ensure the spread and sustainability of democratic principles on both sides of the Atlantic.
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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.
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.
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.
Helsinki Commissioners, Other Members of Congress Join European Parliament for Transatlantic Discussion on Racism and DiscriminationMonday, September 21, 2020
WASHINGTON—On September 22, 2020, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20), other Helsinki Commissioners, and select members of Congress will join members of the European Parliament’s Civil Liberties Committee and Subcommittee on Human Rights to discuss combating racism and systemic discrimination on both sides of the Atlantic. RACIAL EQUITY, EQUALITY, AND JUSTICE Reinforcing U.S.-EU Parliamentary Coordination to Combat Racism and Systemic Discrimination Tuesday, September 22, 2020 10:45 a.m. – 12:45 p.m. EDT / 4:45 p.m. – 6:45 p.m. CEST Watch Live: https://multimedia.europarl.europa.eu/en/droi-libe-joint-meeting_20200922-1645-COMMITTEE-DROI-LIBE_vd During the meeting, European Commissioner for Equality Helena Dalli will present the new EU Anti-Racism Action Plan. Other invited speakers include: Rep. Alcee L. Hastings, Chair, U.S. Helsinki Commission Rep. Steny Hoyer, House Majority Leader Rep. Gwen Moore, U.S. Helsinki Commission Rep. Karen Bass, Chair, Congressional Black Caucus Rep. Joe Wilson, Co-Chair, Congressional European Union Caucus and Ranking Member, U.S. Helsinki Commission Rep. Gregory Meeks, Co-Chair, Congressional European Union Caucus Rep. William Keating, Chair, Subcommittee on Europe, Eurasia, Energy and the Environment Rep. Adam Kinzinger, Ranking Member, Subcommittee on Europe, Eurasia, Energy and the Environment Rep. Jim Costa, Chair, U.S. Delegation, Transatlantic Legislators Dialogue Pap Ndiaye, French historian Hilary Shelton, Director, National Association for the Advancement of Colored People’s (NAACP) Washington Bureau Following the meeting, participants expect to issue a joint declaration on transatlantic collaboration to address racism and systemic discrimination, including the establishment of a forum for a regular exchange of views between elected representatives and stakeholders on both sides of the Atlantic. The joint meeting 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 Chairman Hastings and Helsinki Commissioner Rep. Gwen Moore (WI-04). The letter, which also was signed by Helsinki Commission Ranking Member Sen. Ben Cardin (MD), who serves as the OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance; 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.
Editorial Independence Critical for U.S. International BroadcastingFriday, September 18, 2020
By Jordan Warlick, Policy Advisor Access to accurate, unbiased information is imperative for a functioning democracy. Citizens need access to credible news in order to make informed decisions about the future of their nation. According to the most recent U.S. National Security Strategy, “an informed and engaged citizenry is the fundamental requirement for a free and resilient nation. For generations, [U.S.] society has protected free press, free speech, and free thought.” As part of its commitment to press freedom worldwide, the United States supports the development of local independent media in countries where government-controlled media dominates the information landscape. It also brings independent media to these information-starved spots through specific services—like Voice of America, Radio Free Europe/Radio Liberty, and others—under the aegis of the U.S. Agency for Global Media (USAGM). The mission of USAGM, which oversees the Voice of America, Radio Free Europe/Radio Liberty, Radio Free Asia, Middle East Broadcasting Networks, and the Office of Cuba Broadcasting, is vital to the U.S. national interest: “to inform, engage and connect people around the world in support of freedom and democracy.” USAGM networks reach more than 350 million people across the globe, many of whom otherwise would not have access to independent, unbiased news. Because providing access to credible media is a more effective tool of diplomacy than attempting to push U.S. propaganda overseas, USAGM and the media organizations it oversees are deliberately, legally structured against acting like a propaganda mouthpiece for the U.S. government. The credibility and reliability of Voice of America and other USAGM networks hinge on a statutory firewall that protects them from political interference and has been in place since President Gerald Ford signed Voice of America’s charter in 1976. More than 40 years of bipartisan support for USAGM has been critical to its success. In 1994 President Bill Clinton signed the International Broadcasting Act, which established the Broadcasting Board of Governors (BBG)—now USAGM—to oversee Voice of America and its sister networks. The legislation specifically mandated that broadcasting overseen by the BBG must “be conducted in accordance with the highest professional standards of broadcast journalism.” It also required that the Director of BBG to “respect the professional independence and integrity” of the U.S. international broadcasting services it oversees. When the BBG became the U.S. Agency for Global Media in 2017, USAGM retained the same statutory commitments to protecting the independence of its networks, including that the Chief Executive Officer of USAGM must “respect the independence and integrity” of the broadcasting services. Voice of America’s mission today—“producing accurate, balanced and comprehensive reporting, programming, online and social media content for a global audience, particularly to those who are denied access to open and free media”—would not be possible without this political firewall. Like any other privately owned media outlet, these networks must remain free to produce independent reporting, including that which is critical of U.S. government policies. Unlike many other state-controlled international media outlets, including Russia’s RT and Sputnik or China’s CCTV, USAGM networks have a storied history of bringing credible, reliable news to audiences behind the Iron Curtain, the Great Firewall of China, and beyond. It would be particularly damaging if the United States was perceived to be attempting to tear down the legal firewall protecting Voice of America, Radio Free Europe/Radio Liberty, and the other international broadcasters from political interference.
Albanian Prime Minister Edi Rama to Appear at Helsinki Commission HearingWednesday, September 09, 2020
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: ALBANIA’S CHAIRMANSHIP OF THE OSCE Responding to the Multiple Challenges of 2020 Thursday, September 17, 2020 1:00 p.m. Watch Live: www.youtube.com/HelsinkiCommission In 2020, Albania holds the chairmanship of the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—with a multi-dimensional mandate and a 57-country membership stretching from North America, across Europe, and to Central Asia and Mongolia. This year, the OSCE has faced the unprecedented challenge of a global pandemic and the clear urgency of action against racism, while maintaining its necessary focus on other longtime concerns often impacted by these developments. These concerns include Russia’s continued aggression in Ukraine and threats to other nearby or neighboring countries; protracted conflicts in Transnistria, Georgia, and Nagorno-Karabakh; and political leaders in Belarus as well as in Russia, Azerbaijan, Turkey, and other OSCE countries seeking to undermine democratic institutions and stifle dissent in every sector. Many countries are struggling—or failing—to live up to their OSCE commitments in the areas of human rights, democracy, and the rule of law. Vulnerable communities, including migrants, are targets of discrimination and violence. Uncertainties in the Western Balkans and Central Asia remain. The recent decision of some countries to block reappointments of senior officers at key OSCE institutions undermines the organization at a time when effective contributions to security and cooperation across the region are so deeply needed. The Helsinki Commission regularly holds a hearing allowing the annually rotating OSCE chairmanship to present its priorities for the year and to exchange views on current issues. Albanian Prime Minister Edi Rama, who holds his country’s foreign affairs portfolio, will appear at this hearing to discuss the performance of the OSCE thus far in 2020 and to share his views in advance of the OSCE Ministerial Council meeting scheduled for early December.
Helsinki Commission Demands Answers on Failure of USAGM to Renew J-1 Visas for Voice of America JournalistsThursday, September 03, 2020
WASHINGTON—In a letter to U.S. Agency for Global Media (USAGM) CEO Michael Pack released today, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20), Ranking Member Sen. Ben Cardin (MD), and Helsinki Commissioners Sen. Jeanne Shaheen (NH), Rep. Emanuel Cleaver (MO-05), Rep. Steve Cohen (TN-09), and Rep. Marc Veasey (TX-33) demanded that the organization provide a detailed explanation for its failure to renew J-1 visas for many foreign Voice of America (VOA) journalists. The letter reads in part: “Many of these individuals and their families will be forced to return to countries, including China and Russia, where journalists are regularly targeted and silenced for their reporting. For journalists who have carried out the VOA mission of ‘producing accurate, balanced and comprehensive reporting, programming, online and social media content for a global audience, particularly to those who are denied access to open and free media,’ the personal risk may be even greater… “Congress still has not been informed about the specifics of USAGM’s new policy and for what reason the routine J-1 visa renewal process for these individuals has been stalled. We request a briefing on this policy within the next 30 days. Additionally, we ask that you put into place a policy outlining USAGM’s steps to protect the personal security of VOA journalists working under its auspices." The full text of the letter can be found below: Dear Mr. Pack, We write to express our deep concern regarding J-1 visa renewals for foreign Voice of America (VOA) journalists. Failure to renew their visas has resulted in urgent departures from the United States for these journalists back to their countries of origin. As a result, many of these individuals and their families will be forced to return to countries, including China and Russia, where journalists are regularly targeted and silenced for their reporting. For journalists who have carried out the VOA mission of “producing accurate, balanced and comprehensive reporting, programming, online and social media content for a global audience, particularly to those who are denied access to open and free media,” the personal risk may be even greater. It further is concerning that these VOA reporters were not informed directly of this change to USAGM policy or given any notice on the renewal status of their J-1 visas. These journalists have worked tirelessly to serve freedom-loving people worldwide—even in some cases risking the distrust of their own governments—and should be treated with basic decency and dignity by USAGM leadership. Instead, they face fear and uncertainty regarding their own livelihoods and the future of their families. The journalists in question do the important work of providing unbiased news and information to the most closed-off corners of the world. They play a pivotal role at Voice of America because of their critical language skills and connections within the countries they cover. We urge you to answer questions from the Congress on this matter immediately. The Congress still has not been informed about the specifics of USAGM’s new policy and for what reason the routine J-1 visa renewal process for these individuals has been stalled. We request a briefing on this policy within the next 30 days. Additionally, we ask that you put into place a policy outlining USAGM’s steps to protect the personal security of VOA journalists working under its auspices. Sincerely,
Hastings and Wicker Condemn Apparent Poisoning of Alexei NavalnyThursday, August 20, 2020
WASHINGTON—Following today’s apparent poisoning of Russian opposition leader Alexei Navalny, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following joint statement: “Sadly, Alexei Navalny is the latest in a long line of Russians to be targeted for supporting freedom and democracy in their country. These attacks are intended to silence dissent, but instead they highlight the cruelty, intolerance, and lawlessness of the Putin regime. We hope there will be consequences for those who carried out this crime and for those who approved it. We join many from around the world in praying for Alexei as he now fights for his life.” Navalny fell suddenly and seriously ill on a flight from Tomsk, Russia, to Moscow on the morning of August 20, 2020. The flight made an emergency landing and paramedics rushed Navalny to the hospital. He remains unconscious and on a ventilator, in stable but serious condition. Navalny has been the subject of numerous attacks and arrests connected to his anti-corruption work. In July 2019, Chairman Hastings and Co-Chairman Wicker expressed concern about Navalny’s hospitalization for an unknown “allergic reaction” following his arrest by Russian authorities ahead of pro-democracy protests. Navalny is the latest in a series of political activists who have been poisoned after opposing the Putin regime. Former Russian military intelligence officer and British double agent Sergei Skripal and his daughter Yulia were almost killed in Salisbury, England by exposure to the nerve agent Novichok in 2018. Russian democracy advocate Vladimir Kara-Murza was poisoned in 2015 and 2017. Former FSB officer Alexander Litvinenko died from radiation poisoning in London in 2006. In 2004, journalist Anna Politkovskaya was sickened on a flight; she survived only to be shot two years later. These and similar instances are widely considered to be organized and sanctioned by the highest levels of the Russian Government.
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The OSCE: A Bulwark Against AuthoritarianismThursday, August 13, 2020
As we mark the 45th anniversary of the 1975 signing of the Helsinki Final Act, the founding document of today’s Organization for Security and Cooperation in Europe (OSCE), the ideals of democracy that had been advanced by that pact—freedom of speech, freedom of religion, and civil liberties—are under threat. In 1975, Soviet totalitarianism was the great threat to human rights and fundamental freedoms; today, authoritarianism poses a growing threat to human dignity and rights in the region. Authoritarianism is a fact of life in much of Eurasia, a reflection of the actual worldwide tension between countries defending universal human rights obligations and countries attempting to undermine trust in democratic institutions and promote an authoritarian model. This is true not only in repressive nations like Russia; even among some U.S. partner countries, there are warning signs. Some nations have also taken it upon themselves to block vital leadership roles in international institutions during a global pandemic unlike anything we have seen in a century. The ultimate outcome of this conflict is up to us. Liberty and human rights will prevail, but only if freedom-loving people everywhere join together to defend and preserve human rights and fundamental freedoms for all. Many international institutions dedicated to freedom and human rights were founded with U.S. support in the wake of World War II, in which more than a million U.S. citizens were either killed or wounded and trillions of dollars spent on the effort to defeat fascism. Democratic ideals are ingrained in the founding charters that established those organizations. For nearly 75 years, such institutions have consistently served as a bulwark against totalitarianism, communism, terrorism, and other forms of tyranny; limited conflict among nations; helped raise millions out of poverty; and spread democratic values throughout the world. The OSCE grew out of the Helsinki Final Act, a 1975 political agreement among the United States, Canada, the Soviet Union, and other European nations. Signed by both democratic and communist regimes, the Final Act acknowledged openly that respect for human rights within states is crucial to security among states, and that human rights concerns could legitimately be raised among signatories. Today, the OSCE is the world’s largest regional security organization, encompassing 57 countries in Europe, as well as the United States and Canada. It includes Russia, Ukraine, and many other successors of the former Soviet Union, reaching as far east as Central Asia and Mongolia, and north beyond the Arctic Circle. The phrase “Vancouver to Vladivostok” accurately describes the organization’s reach. With its “comprehensive concept of security,” the OSCE addresses military security, economic and environmental cooperation, and human rights and takes steps to prevent, manage, and resolve conflict within and among its members. The OSCE also supports the democratic development of nations that gained or regained independence in the post-Cold War period and are still finding their footing, often torn between corruption and the promise of a democratic future. Thirteen OSCE field missions operate in member countries seeking assistance in developing their democratic institutions. The OSCE recognizes and supports the important role played by civil society and the media in holding governments to account for blatant human rights violations and abuses of power. Unprecedented Gap in OSCE Leadership OSCE institutions—including its assembly of national legislators—foster an essential defense against the spread of authoritarianism. However, despite its comprehensive vision, we are now faced with an unprecedented gap in leadership at the OSCE due to the block on the extension of mandates for four senior leaders, including the Secretary General. Each week, the OSCE Permanent Council—comprising ambassadors to the OSCE from each participating State—meets in Vienna, Austria. In this forum, the United States seeks to shine a light on contraventions of States’ OSCE tenets and violations of international law. The OSCE independent institutions, like the field missions, carry those messages forward. In addition to the organization’s other work defending human rights and fundamental freedoms, its Office for Democratic Institutions and Human Rights (ODIHR) manages the OSCE’s election observation missions, internationally recognized as the “gold standard” for their methodology. Other independent offices lead the OSCE’s work on Freedom of the Media and rights of national minorities. Unfortunately, in July, these vital institutions were deprived of strong and consistent leadership by countries—including Azerbaijan, Tajikistan, and Turkey—that seem intent on attempting to weaken the OSCE’s ability to hold countries accountable for their actions and undermining the principles of the Helsinki Final Act. The executive and legislative branches of the U.S. government are partners in bringing American leadership to support the OSCE’s work. Several times each year, members of Congress—including lawmakers serving on the U.S. Helsinki Commission, which monitors implementation of the Helsinki Accords —gather at meetings of the OSCE Parliamentary Assembly, where they secure political commitments and build mutually beneficial relationships among legislators from the OSCE’s participating States to help push back against anti-democratic actions by national governments. Unfortunately, several OSCE participating States—countries that have repeatedly committed to upholding the principles and values enshrined in the Helsinki Final Act— are exhibiting a troubling slide toward authoritarianism. The United States and our democratic allies have criticized efforts to restrict and persecute journalists, human rights defenders, civil society, members of the political opposition, and members of ethnic and religious minorities. We also have jointly criticized efforts to stifle media freedom and limit political pluralism in Russia, Belarus, Azerbaijan, Tajikistan, and Turkmenistan, as well as raised concerns about media consolidation in Hungary, and limitations on freedom of speech and freedom of the press elsewhere. Russia’s Destabilizing Actions No OSCE participating State bears more responsibility for fomenting mistrust, insecurity, corruption, and human rights violations and abuses in this region than the Russian Federation. Russia’s destabilizing actions contravene all 10 Helsinki Final Act principles, ranging from respect for human rights to the prohibition of military incursions into neighboring countries. Russia continues its aggressive actions in Ukraine, including its purported annexation of Crimea. The proxy forces Russia arms, trains, leads, and fights alongside in eastern Ukraine make it dangerous for the unarmed OSCE Special Monitoring Mission to Ukraine to fulfill its Permanent Council-approved mandate to monitor the conflict. Russia uses its resources—economic, political, informational, and military—to defeat freedom and democracy. Russia does not rely on military force alone to threaten democratic governance; it also uses hybrid tactics daily, ranging from cyber intrusions to influence campaigns — aimed at undermining democratic elections. We hope that someday, authoritarian countries like Russia will start behaving again according to the rules of international law. Unfortunately, these countries currently reject the values of democracy, liberty, and human rights. The authoritarian regimes view democracy as an existential threat—hence the actions some of them have taken to restrict the OSCE’s ability to do its work. The struggle today is between those who believe authoritarianism is the right way forward and those of us who still believe that Thomas Jefferson was right in his declaration that the desire for freedom exists within the heart of every human being. In a hyper-connected modern world in which disinformation becomes an ever more powerful weapon and the divisions within free societies are exploited by malign actors, U.S. membership in organizations like the OSCE emphasizes clearly, openly, and emphatically that America will not cede the field to the authoritarian regimes. We will not allow them to be the ones to dictate what is truth and what is fiction. Human Rights and Ideals Just as Valid in 2020 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. By raising our voices, we remind allies and adversaries alike that the United States remains engaged and committed to what is fair, what is right, and what is true. Together, our U.S. Mission to the OSCE and the U.S. Helsinki Commission remind allies and adversaries alike that America will not ignore regimes that are actively hostile to our values and see our liberty as an existential threat. We will always prioritize respect for human rights and fundamental freedoms, defend the principles of liberty, and encourage tolerance within societies, because such efforts are vital to the promotion of democracy and to U.S. national security. We reject the authoritarian notion that our fundamental freedoms are a weakness. They are our greatest strength. The United States and other like-minded countries use the power of the OSCE to show that human rights and ideals are just as valid in 2020 as they were in 1975, when the Helsinki Accords were signed. These rights not only ensure the physical, economic, and mental wellbeing of all our populations, they make the countries’ governments stronger by building legitimacy in the eyes of their citizens. America’s unwavering support of these values through multilateral organizations like the OSCE remains vital. As noted in the Trump administration’s U.S. National Security Strategy, “Authoritarian actors have long recognized the power of multilateral bodies and have used them to advance their interests and limit the freedom of their own citizens. If the United States cedes leadership of these bodies to adversaries, opportunities to shape developments that are positive for the United States will be lost.” The OSCE deserves to be recognized by the people of both the United States and our allies and partners as a valuable tool in the fight against autocracy. We must not abandon it by leaving its most important institutions without leadership beyond its 45th anniversary. Instead, through our efforts, and those of our allies and partners in the OSCE, we must continue to defend liberty and human rights in our region and provide a beacon of hope for citizens everywhere who aspire to a free and democratic future.
Human Rights at Home: Values Made VisibleWednesday, July 29, 2020
Statues, monuments, memorials, and museums—and the events and people they represent—may become societal or even interstate flashpoints. They also have the potential to help heal wounds, educate the public, and inform policymaking as leaders seek to address historic wrongs, bridge divisions, and build a shared future. As the debate over U.S. statues and memorials intensified, the Helsinki Commission convened a hearing on "Values Made Visible" to examine what the United States conveys to the world through its public monuments and memorials and how acknowledgment of the past can encourage restitution, reparations, and restorative justice. Commissioner Rep. Gwen Moore (WI- 04) chaired the hearing. Testimony was received from Kevin Gover, Acting Undersecretary for Museums and Culture for the Smithsonian Institution, the world's largest museum, education, and research complex; Princess Maria-Esmeralda of Belgium; former OSCE Secretary General and High Commissioner on National Minorities Lamberto Zannier; and former Vice Mayor of Charlottesville Dr. Wes Bellamy. Rep. Moore observed that the Helsinki Commission has frequently encouraged other OSCE participating States to address difficult chapters of their histories, and called out those who propagate revisionism, distort the past for contemporary political purposes, stoke grievances against their neighbors, or persecute civil society, scholars, or journalists who write about uncomfortable truths. The Helsinki Commission also has supported the preservation of sensitive sites of remembrance, including Auschwitz; supported access to archives; and encouraged governmental and public officials’ efforts to acknowledge past wrongs and heal societal divisions. Rep. Moore concluded that the United States must make our values more visible in the public places administered on behalf of the American people. Undersecretary Gover used four prominent, albeit controversial, sculptures at the Alexander Hamilton U.S. Customs House, an historic building in Manhattan that is part of the Smithsonian Institution, as the references points for his remarks. Like many other monuments across the U.S. landscape, if they serve as "a provocation for meaningful public conversation and reckoning, they have value. In the absence of such a conversation, they are mere monuments to White supremacy and should not remain." “In the late 19th and early 20th century, one of the most successful gaslighting operations in world history was taking place with the invention of the mythical ‘lost cause’ to explain the Civil War. The monuments were part of that but it was really quite a comprehensive propaganda operation. . . It feels like these young people today were taught something different, or at least that they didn't buy that old narrative. And so they're going to lead us into a new and better place with regard to our public spaces." —Acting Undersecretary Kevin Gover. Previously, as Assistant Secretary for Indian Affairs in the United States Department of the Interior, Mr. Gover issued an apology to Native American people on behalf of the Bureau of Indian Affairs for the historical conduct of the bureau. Princess Esmeralda noted that the brutal murder of George Floyd has compelled an acknowledgment of institutionalized racism stemming from colonialism and slave trade. "In the wake of the homicide of George Floyd, statues started to be unbolted and removed… Unbolting the statues of Leopold II was part of a desire to expunge a past written with partiality by the colonizer," she said. Princess Esmeralda also noted that King Phillippe of Belgium sent a letter to President Felix Tshisekedi of the Democratic Republic of Congo, expressing his deep regrets for the acts of violence and atrocities. The letter was preceded by a vote in the Belgian Parliament agreeing to establish a truth and reconciliation commission, which will also include opening some previously closed archives. Ambassador Zannier discussed the potential for differing historical narratives to create internal friction within a state as well as friction between states. He also observed that nations rely heavily on historical interpretation to create a common sense of purpose and belonging. "The situation changes when societies are diverse, and when a symbol, or a monument, with the name of the street becomes provocative for part of the population,” he said. Ambassador Zannier also underscored the importance of key OSCE principles regarding the promotion of human rights, the fight against discrimination and racism, and protection of minority rights. He encouraged the OSCE Parliamentary Assembly to engage on these issues. Dr. Bellamy, who led the effort to remove statues of Robert E. Lee and Stonewall Jackson from his city’s parks, underscored the historic context for the erection of many of the statues glorifying the Confederacy, such as those erected in Charlottesville in 1924. He argued that the messages communicated through those statues will not be changed until such statues are removed and reflected in the allocation of public resources. Related Information Witness Biographies Human Rights at Home Safe, Inclusive, and Equitable Societies Briefing: Truth, Reconciliation, and Healing OSCE High Commissioner on National Minorities: Contested Historical Legacies in Public Spaces OSCE High Commissioner on National Minorities: Open Letter on Symbols in Public Spaces
Societal Impact of Public Monuments and Memorials to Be Discussed at Helsinki Commission HearingMonday, July 27, 2020
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: HUMAN RIGHTS AT HOME Values Made Visible Wednesday, July 29, 2020 10:00 a.m. Watch Live: www.youtube.com/HelsinkiCommission Statues, monuments, memorials, and museums—and the events and people they represent—may become societal or even interstate flashpoints. They also have the potential to help heal wounds, educate the public, and inform policymaking as leaders seek to address historic wrongs, bridge divisions, and build a shared future. As the debate over U.S. statues and memorials intensifies, witnesses at this online hearing will examine what the United States conveys to the world through its public monuments and memorials and discuss how acknowledgment of the past can encourage restitution, reparations, and restorative justice. The following witnesses are scheduled to testify: Ambassador Lamberto Zannier, former OSCE Secretary General and High Commissioner on National Minorities H.R.H. Maria-Esmeralda of Belgium, journalist and documentary filmmaker Kevin Gover, Acting Under Secretary for Museums and Culture, Smithsonian Institution Dr. Wes Bellamy, author and former Vice-Mayor of Charlottesville, VA Since its establishment, the Helsinki Commission has championed historical justice throughout the OSCE region. Commissioners have called on public officials to reject Holocaust denial, and acknowledge the Soviet-created famine in Ukraine, genocides in Armenia and Bosnia, and the massacre at Katyn Forest. The commission also has supported the preservation of sensitive sites of remembrance, including Auschwitz, and supported access to archives. Commissioners have defended the freedom of academics, civil society representatives, and journalists persecuted for telling uncomfortable truths about the past. The commission has supported governments’ and public officials’ efforts to acknowledge past wrongs and heal societal divisions.
Chairman Hastings, Rep. Meeks Issue Statement on Foreign Affairs Funding for Diversity and Global Anti-Racism ProgramsFriday, July 24, 2020
WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Rep. Gregory W. Meeks (NY-05) today issued the following joint statement regarding the language in the Fiscal Year 2021 State, Foreign Operations, and Related Programs (SFOPS) appropriations bill that supports efforts to foster diversity and inclusion in international affairs and provide protections for minority and indigenous populations abroad: “Our success in securing more funding and reporting requirements to diversify America’s diplomatic workforce and combat global racism is bittersweet, as this will be the first time that Congressman John Lewis’ signature will be absent as we finalize the process of securing these important steps in the House appropriations process. We urge Senate appropriators to support these efforts as the Senate moves forward on its bill. “John was the conscience of Congress, a champion of human rights not just here in the United States, but globally wherever there was intolerance and bigotry. For close to a decade we have fought alongside John to make sure the SFOPs appropriations bill reflected the importance of that mission, including working to ensure that the workforces of our State Department and USAID reflects to the world the diversity of our nation. We worked with John to direct that the State Department create and increase initiatives that promote racial equality and combat discrimination, including in the Western Hemisphere where the U.S. should be working more diligently to protect minorities and indigenous populations that are severely at risk, and in Western Europe where George Floyd protests have highlighted racial profiling and ongoing racial disparities with roots in colonialism and the transatlantic slave trade. “As John’s good friend Dr. King famously said, ‘injustice anywhere is a threat to justice everywhere.’ As the House prepares for floor consideration of the House SFOPs bill, we thank House Appropriators for recognizing the importance of the funding and directives that we have requested. We are proud to have worked with John now and over the years for additional funding for our international efforts to correct racial injustice worldwide. He continues to be a driving force as we honor his legacy with our ongoing focus to realize these efforts.” Measures in the SFOPS appropriations bill championed by Congressmen Lewis, Hastings, and Meeks that will come to the House floor for votes this week include: $2 million to support international academic and professional and cultural exchanges through partnerships with historically black colleges and universities (HBCUs). Promoting stable democracies in the Western Hemisphere by implementing joint action plans between the United States and Colombia and Brazil to support racial and ethnic equality, and expanding the Western Hemisphere’s Race, Ethnicity, and Social Inclusion Unit’s programming to other regions. Funding to expand the State Department and USAID diversity and hiring, retention, and promotion efforts for its workforce, including by supporting mid-career and senior professional development opportunities, and partnerships with minority serving institutions, and the Charles B. Rangel, Thomas R. Pickering, and Donald M. Payne programs for undergraduate and graduate students. A report to Congress on all State Department and USAID efforts to address the global rise in racial discrimination. Expanding opportunities for minority owned businesses to compete for Department of State contracts and grants. $25 million to support Afro-Colombian and indigenous communities. Support for State Department programming that encourages representative governance and advances social inclusion in 12 European cities.
Human Rights at Home: Media, Politics, and Safety of JournalistsThursday, July 23, 2020
According to the U.S. Press Freedom Tracker, there have been nearly 500 reported press freedom violations since the beginning of the Black Lives Matter protests in the United States on May 26. In many cases, reporters have been injured, harassed, or arrested even after explicitly identifying themselves as members of the press. In addition, leadership changes at the U.S. Agency for Global Media, which oversees networks like Voice of America and Radio Free Europe/Radio Liberty that provide credible, unbiased information to audiences around the world, have generated concern about the ability of the agency to carry out its mission and host international journalists. On July 23, 2020, the Helsinki Commission held a hearing on “Human Rights at Home: Media, Politics, and the Safety of Journalists,” to assess the state of media freedom and the safety of journalists in the United States today. The online hearing was held in compliance with H.Res.965, which provides for official remote proceedings during the COVID-19 pandemic. Witnesses included Christiane Amanpour, Chief International Anchor at CNN-PBS and UNESCO’s Goodwill Ambassador for Freedom of Expression and Journalist Safety; David Kaye, UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression and Clinical Professor of Law at University of California, Irvine; and Dr. Courtney Radsch, Advocacy Director for the Committee to Protect Journalists (CPJ). Commissioner Rep. Steve Cohen (TN-09), who chaired the hearing, said in his opening statement, “Freedom of the press is not only enshrined in the U.S. Constitution, but a founding commitment to the international organizations that the United States has led to shape like the OSCE and the United Nations. The Helsinki Commission is mandated to monitor compliance with human rights and democracy commitments across 57-nation region of the OSCE, including the United States itself. As a country and a Congress, we should hold the United States to the highest standard for compliance with international press freedom commitments.” Helsinki Commissioners Sen. Sheldon Whitehouse (RI) and Rep. Marc Veasey (TX-33) joined the proceedings, along with Rep. Sheila Jackson Lee (TX-18), a member of the U.S. delegation to the OSCE Parliamentary Assembly. Christiane Amanpour spoke from her personal experience as a journalist, saying, “I have seen the difference between truth and lies and what it means. It means the difference between democracy and dictatorship.” Ms. Amanpour referenced arrests of journalists across the country during the protests, including the arrest of her CNN colleagues, Omar Jimenez and other crew members, in Minneapolis. Ms. Amanpour urged Helsinki Commissioners to “listen closely to civil society organizations that are monitoring and tracking violations in the United States and providing clear policy recommendations.” David Kaye testified that from his assessment, “law enforcement at the federal, state, and local levels have repeatedly interfered with the rights of the press.” He highlighted the obligation of police to avoid use of force, the responsibility of public officials to enforce protections of the press, the necessity of demilitarizing law enforcement. On the subject of the recent dismissals by CEO Michael Pack at the U.S. Agency for Global Media (USAGM), Mr. Kaye said that it was difficult to see it as anything other than “an attempt to undermine the independence of these agencies and to bring them under political influence.” Mr. Kaye also discussed the threats to media worldwide during the COVID-19 pandemic, including intimidation of and attacks on journalists, restrictions of space for reporting, lack of access for foreign reporters, and arbitrary detentions. He concluded by recommending that the United States “return to the institutions of global human rights, such as the Human Rights Council, and as part of that reconsider its historic resistance to global monitoring of U.S. human rights behavior.” In her testimony, Courtney Radsch emphasized the sheer scale of violence against journalists since the beginning of the nationwide protests, which she described as “unparalleled.” Referring to a recent Committee to Protect Journalist’s report on the current Trump administration and press freedom, Dr. Radsch said that CPJ found that the administration has “regularly attacked the role of an independent press, stepped up prosecution of news sources, interfered in the business of media owners, and empowered foreign leaders to restrict their own media.” Dr. Radsch also commented on recent reports that the U.S. Agency for Global Media may restrict visas for foreign journalists working for USAGM in the United States. She warned that “if they lose their visas, repatriated journalists could face retribution for their critical reporting.” While commending the commission for holding a hearing on this subject, Dr. Radsch said that more needs to be done. CPJ’s recommendations include for officials at all levels of government to provide data about the recent incidents of anti-press violence, to investigate any reported attacks, and to hold perpetrators to account. Related Information Witness Biographies Hearing: Human Rights at Home: Implications for U.S. Leadership Hastings: To Promote Human Rights Abroad, We Must Fiercely Protect Them at Home OSCE Media Freedom Representative concerned about violence against journalists covering protests in USA, calls for protection of journalists Statement for the Record: Reporters without Borders
RUSSIAN CYBER ATTACKS ON COVID RESEARCH CENTERSThursday, July 23, 2020
Madam Speaker, I rise today to strongly condemn the recently reported Russian cyber attacks on United States, United Kingdom and Canadian COVID-19 research centers. As the world continues to battle the COVID-19 pandemic, Vladimir Putin's regime has once again lived up to its reputation for lawlessness and cynicism by targeting vaccine research and development organizations with ``the intention of stealing information and intellectual property relating to the development and testing of COVID-19 vaccines,'' as assessed by U.S., British and Canadian intelligence agencies. Sadly, neither this appalling cyber attack, nor the pitiful Kremlin denials which followed, are too surprising to those of us who watch Russia closely. As a Member of the U.S. Delegation to the Parliamentary Assembly of the Organization for Security and Cooperation in Europe--the OSCE PA--and Chairman of the Committee on Political Affairs and Security, I regularly participate in difficult discussions with Russian political leaders about Moscow's geopolitical misconduct. The Kremlin's campaign across the OSCE space and beyond is aimed at destabilizing and undermining the international order by any means necessary, to include the invasion and occupation of OSCE participating States, the assassination of political opponents abroad, disinformation and more. On July 7, 2020, I communicated directly to the OSCE PA which included the presence of the Russian head of delegation how seriously the United States is taking reports of Russian monetary bounties to Taliban-linked insurgents for the killing of American and NATO soldiers in Afghanistan. The fact of Kremlin support to the Taliban had already surfaced in a hearing of the United States Helsinki Commission which I chaired on June 12, 2019, in open testimony by former Deputy Assistant Secretary of Defense for Russia Michael Carpenter. Madam Speaker, I will continue to work with colleagues here at home and across the Atlantic to ensure the Kremlin's bald faced denials of its malign actions are countered, and that Vladimir Putin's regime faces the appropriate consequences for its actions. The OSCE Parliamentary Assembly has proven time and again its value as a forum to counter disinformation and foster cooperation to counter common threats. A result of these most recent reports, I intend to advocate for that body to prioritize results-oriented discussions on state-sponsored cyber attacks in our region in its upcoming work session. Madam Speaker, please join me in condemning the Kremlin's latest despicable actions.
Helsinki Commission Chairman Amends NDAA to Reflect Support for Open Skies TreatyWednesday, July 22, 2020
On May 21, 2020 the Trump administration reportedly decided to withdraw the United States from the Open Skies Treaty to be effective at the end of this year. To express strong opposition, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) recently authored an amendment to H.R.6395, the William M. (Mac) Thornberry National Defense Authorization Act (NDAA) for Fiscal Year 2021, expressing the sense of Congress that the Trump Administration’s decision to withdraw from the Treaty on Open Skies 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. “I am proud to have worked with Rep. Jimmy Panetta to successfully amend the House FY21 NDAA to express Congressional support for Open Skies and reiterate our commitment to the confidence and security building measures that are so vital to our NATO allies and partners,” said Chairman Hastings. “As Chairman of the U.S. Helsinki Commission, I strongly disagree with the President’s decision to withdraw from the Open Skies Treaty, an important arms control agreement that significantly reduces the risk of armed conflict.” The measure expresses 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 our NATO allies and partners. The amendment also underlines the need to address Russian violations of treaty protocols through international engagement and robust diplomatic action. The full amendment is available below or as amendment numbered 167 printed in House Report 116-457. Chairman Hastings had previously condemned the Trump administration’s decision to withdraw from the Treaty on Open Skies, which is 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. 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 around the world, which still stands today. The United States has conducted nearly three times as many flights over Russia as Russia has over the United States under the treaty. The United States has also used the treaty to support partners by conducting flights over hot spots such as the Ukraine-Russian border. Amendment At the end of subtitle D of title XII, add the following: SEC. 12__. SENSE OF CONGRESS ON THE OPEN SKIES TREATY. It is the sense of Congress that-- (1) the decision to withdraw from the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002-- (A) did not comply with the requirement in section 1234(a) of the National Defense Authorization Act for Fiscal Year 2020 (133 Stat. 1648; 22 U.S.C. 2593a note) to notify Congress not fewer than 120 days prior to any such announcement; (B) was made without asserting material breach of the Treaty by any other Treaty signatory; and (C) was made over the objections of NATO allies and regional partners; (2) confidence and security building measures that are designed to reduce the risk of conflict, increase trust among participating countries, and contribute to military transparency remain vital to the strategic interests of our NATO allies and partners and should continue to play a central role as the United States engages in the region to promote transatlantic security; and (3) while the United States must always consider the national security benefits of remaining in any treaty, responding to Russian violations of treaty protocols should be prioritized through international engagement and robust diplomatic action.
The harrowing tale of Bill Browder—how an American-born businessman became an enemy of the Russian state, how he has to live in constant fear, never knowing if the long arm of the Kremlin will snatch him, or kill him—is its own kind of daily terror. But what Browder’s story tells us about the way Vladimir Putin operates, and what he might want from this country, should scare us all.
William Browder took his family on vacation in July, though he won't say where because that is one of those extraneous bits of personal information that could, in a roundabout way, get him bundled off to a Siberian prison or, possibly, killed. For eight years, he's been jamming up the gears of Vladimir Putin's kleptocratic machine, a job that seems to often end in jail or death, both of which he'd very much like to avoid. He'll concede, at least, that his leisure travels took him from London, where he lives, through Chicago, where he changed planes. As he walked through a terminal at O'Hare, he got a call from a New York Times reporter named Jo Becker.
"Do you know anything," she asked, "about a Russian lawyer named Natalia Veselnitskaya?"
Browder stopped short. "Yes," he said. "I know a lot about her."
One of the most important things he knew was that Veselnitskaya had spent many dollars and many hours trying to convince Washington that Browder is a criminal. More than a decade ago, Browder was the largest individual foreign investor in Russia, managing billions in his hedge fund. Then, in 2009, one of his attorneys was tortured to death in a Moscow jail after exposing a massive tax fraud committed by Russian gangsters. His name was Sergei Magnitsky, and Browder has spent the years since trying to hold accountable anyone connected to Sergei's death. The most significant way is through the Sergei Magnitsky Rule of Law Accountability Act, a 2012 U.S. law that freezes the assets and cripples the travel of specific Russians, many of whom have allegedly laundered millions of dollars in the West.
The Kremlin hates that law. Putin's hold on power requires the loyalty of dozens of wealthy oligarchs and thousands of complicit functionaries, and their loyalty, in turn, requires Putin to protect the cash they've stashed overseas. Putin hates the law so much that he retaliated by banning Americans from adopting Russian children—yes, by holding orphans hostage—and has said that overturning the Magnitsky Act is a top priority.
That's where Veselnitskaya comes in. As a lawyer, she represented a Russian businessman trying to recover $14 million frozen by the Magnitsky Act. More important, she was involved in an extensive 2016 lobbying and public-relations campaign to weaken or eliminate the act, in large part by recasting Browder as a villain who conned Congress into passing it. That was not empty political spin for an American audience: The Russians really do want Browder in prison. In 2013, a Russian court convicted him in absentia (and Sergei in his grave) of the very crime Sergei uncovered and sentenced Browder to nine years in prison. Later, it got worse. In April 2016, Russian authorities accused Browder of murdering Sergei—that is, of killing the person on whose behalf Browder had been crusading, and who the Russians for seven years had insisted was not, in fact, murdered.
The campaign was oafish yet persistent enough that Browder thought it wise to compile a 26-page presentation on the people behind it. Veselnitskaya appears on five of those pages.
"I've been trying to get someone to write this goddamned story," Browder told Becker on July 8. "She's not just some private lawyer. She's a tool of the Russian government."
But why, Browder wanted to know, was Becker suddenly interested?
"I can't tell you," she said. "But I think you'll be interested in a few hours."
Browder flew off to the place he won't name, switched on his phone, and scrolled to the Times website. He drew in a sharp breath.
He exhaled. F***.
Donald Trump Jr. told the Times that the June 9, 2016, meeting had been about adoptions, which demonstrated either how out of his depth he was or how stupid he thought reporters were. If Veselnitskaya had been talking about adoption, she of course had been talking about the Magnitsky Act.
Which meant she'd also been talking about Bill Browder.
He read the story again, closely. Browder wasn't sure what the implications were. But if he'd known about it in real time—that the staff of a major-party presidential candidate was listening intently to those who accuse him of murder and want him extradited and imprisoned—he would have been terrified.
"Putin kills people," Browder said to me one afternoon this autumn. "That's a known fact. But Putin likes to pretend that he doesn't kill people. So he tends to kill people he can get away with killing."
Browder did not say this as if it were a revelation. (And technically it's an allegation that Putin has people killed, albeit one so thoroughly supported by evidence and circumstance that no one credibly disputes it.) Rather, he told me that by way of explaining why he was telling me anything at all: The more often and publicly he tells the story of Sergei Magnitsky, the less likely he'll be to get poisoned or shot or tossed out a window, which has happened to a number of Putin's critics. If anything does happen to him, he reasons, the list of suspects would be short.
He spoke softly, methodically, though with great efficiency; not scripted, but well practiced. We were in the conference room of his offices in London. Afternoon light washed through a wall of windows, threw bright highlights onto his scalp, sparked off the frame of his glasses. Browder is 53 years old, medium build, medium height, medium demeanor, and was wearing a medium-blue suit. He does not look like a threat to Russian national security, which the Kremlin declared him to be 12 years ago. Still, there is a hint of steel, something hard and sharp beneath all of the mediumness; if he confessed that he'd served in the Special Forces, it would be a little surprising but not shocking.
It was late September, and Donald Trump had been president for 248 days. In the weeks after the election, Browder was "worried and confused." Trump has a creepy habit of praising Putin, but he'd also surrounded himself with Russia hard-liners like General James Mattis, Nikki Haley, and Mike Pompeo—secretary of defense, ambassador to the United Nations, and director of the CIA, respectively. Browder war-gamed the Magnitsky Act but didn't see any way that Trump could kill it—Congress would have to repeal the law—only a chance that he might refuse to add more names to the target list. (Five people were added to the list last January, bringing the total to 44.) He figured the same was true with the Global Magnitsky Human Rights Accountability Act, which President Obama signed shortly before leaving office, expanding the targeted-sanctions tool to human-rights abusers worldwide. The Russians hate that law, too, because having "Magnitsky" in the title reminds the entire planet where the standard was set and by whom.
The first months of the new administration unspooled, spring into summer. Trump's flirtation with Putin persisted, but with no practical effect. "The Russians got nothing," Browder said. Congress, in fact, imposed its own sanctions on Russia for meddling in the 2016 election, cutting Trump out of the loop entirely. "I watch this like a hawk," Browder said, "and so far they've gotten nothing. There's not a single piece of Russian policy that's gone Putin's way."
But then, in July, the Times reported that Veselnitskaya had met with Trump Jr., Jared Kushner, and Paul Manafort, Trump's campaign manager at the time, in June 2016. That shifted the calculus. "America has been my staunchest ally," Browder said. "It wasn't an assumption but a question: Had they flipped my biggest ally?"
That was still an open question when we met in London. Much more had been reported about Trump and Russia. Other contacts and communications were known, and details kept evolving, an endless, sloppy churn of information. There was more, too, about the meeting with Veselnitskaya, which happened two weeks after Trump secured the nomination: It was attended by eight people in all, including Rinat Akhmetshin, who is usually described as a former Russian military-intelligence officer, though that generously assumes that any Russian spook is ever fully retired from the spy game. Browder has another PowerPoint presentation on him. Additionally, Manafort's notes on the meeting reportedly mentioned Browder by name.
This is all bad. "They were in a meeting to discuss Bill Browder, the Magnitsky Act, and how to get the Magnitsky Act repealed," he said. "Now, what [the Russians] were offering in return, we don't know. But if it had just been a courtesy meeting, only one of [the Trump team] would have showed up."
Maybe no one will ever know what, if anything, the Russians offered. But there's no doubt what they wanted, and how badly. In a four-page memo prepared for the meeting by Veselnitskaya (and later obtained by Foreign Policy), the Magnitsky Act was inspired by "a fugitive criminal" who ripped off the Russian treasury and then went on a worldwide publicity tour to, apparently, cover it up. "Using the grief of the family of Magnitsky to his own advantage, Browder exposes them as a human shield to distract attention from the details of his own crime," she wrote. Passage of the Magnitsky Act, moreover, marked "the beginning of a new round of the Cold War."
That is an assertion as grandiose as it is belligerent. And yet it is not wholly inaccurate. To understand why the Kremlin is so perturbed, it helps to understand Bill Browder. In many ways, he is the Rosetta Stone for decoding the curious relationship between the Trumps and the Russians.
Browder's grandfather Earl was a communist. He started as a union organizer in Kansas and spent some time in the Soviet Union in the 1920s, where he married a Jewish intellectual and had the first of his three sons, Felix. The family moved to Yonkers in 1932, where Earl became secretary general of the Communist Party USA. He ran for president twice, in 1936 and 1940, and Time magazine put him on its cover in 1938 above the headline COMRADE EARL BROWDER. His fortunes fell in 1941, when he was convicted of passport fraud. His four-year sentence was commuted after 14 months, and he was released into relative obscurity until the 1950s, when he was harassed by the House Un-American Activities Committee.
Bill's grandmother steered her boys away from politics and toward academics, in which they wildly overachieved. Felix enrolled at M.I.T. at the age of 16, graduated in two years, and had a Princeton Ph.D. in math when he was 20. He met his wife, Eva, at M.I.T., a Jewish girl who'd fled Vienna ahead of the Nazis and spent her teenage years in a tenement with her impoverished mother.
Felix and Eva had two boys. Their first, Thomas, took after his father: University of Chicago at 15, doctoral student in physics at 19. Their second, Bill, did not. He liked to ski and smoke and drink. He got kicked out of a second-tier boarding school and barely got into the University of Colorado, which was fine with him because it was a notorious party school. By his account, he spent his formative years rebelling against everything his leftist-intellectual family held sacred.
"Rejecting school was a good start, but if I really wanted to upset my parents, then I would have to come up with something else," he wrote in his 2015 book, Red Notice: A True Story of High Finance, Murder, and One Man's Fight for Justice. "Then, toward the end of high school, it hit me. I would put on a suit and tie and become a capitalist. Nothing would piss off my family more than that."
He started studying, transferred to the University of Chicago, got into a two-year pre-MBA program at Bain & Company, in Boston. He parlayed that and an essay about Comrade Earl Browder—from communist to capitalist in two generations!—into a seat at Stanford. Out of genealogical curiosity, he began thinking about Eastern Europe. "If that's where my grandfather had carved out his niche," he wrote, "then maybe I could, too." He got a job with a consulting firm and moved to London in August 1989. Three months later, the Berlin Wall fell and the Soviet Union crumbled. Eastern Europe was wide open for business.
His first account was consulting for a Polish bus manufacturer that was bleeding cash. It was miserable work in a miserable little city, but while he was there his translator explained the financial tables in the local newspaper. With the fall of communism, nationalized companies were being privatized and their stocks were offered at fire-sale prices: A company with $160 million in profits the previous year had a stock valuation of only $80 million.
Browder invested his entire savings, $2,000, in Polish stocks. He eventually walked away with $20,000. He'd found his niche.
By 1993, he was in Moscow, investing in staggeringly undervalued stocks: He invested $25 million and turned a $100 million profit. With money that good and almost no Western competition, Browder, in 1996, raised enough cash to open his own fund, Hermitage Capital.
Over the next decade, Hermitage did exceptionally well. The downside, though, was that the economy wasn't transitioning from communism to capitalism so much as it was devolving into gangsterism. Corruption was endemic. A handful of oligarchs looted and swindled at their leisure. Browder countered by positioning himself as an activist shareholder; he and his staff would piece together who was ripping off what, name names, try to impose a modicum of order on a lawless system.
When Vladimir Putin rose to power, Browder believed he was a reformer eager to purge the kleptocracy. In 2003, for example, Putin arrested the country's richest man, oil magnate Mikhail Khodorkovsky, charged him with fraud, and displayed him in a cage in a courtroom until his inevitable conviction. In the context of the time, many critics saw the ordeal as a capricious show trial orchestrated by an authoritarian thug.
Not Browder. "I would trust Putin any day of the week," he told The Washington Post in early 2004. "It's like being in a lawless schoolyard where there's bullies running around and beating up all us little people, and then one day a big bully comes along and all the little bullies fall into line. That's what the state is supposed to be—the big bully."
But Putin, he discovered, wasn't pushing for good corporate governance. He was taking over the rackets. Putin put Khodorkovsky in a cage for the same reason Vito Corleone put a horse's head in Jack Woltz's bed: to send a message. Oligarchs could steal, but they had to pay tribute.
Oligarchs no longer needed to be named and shamed; they needed to be kept in line and to keep earning. At that point, an activist shareholder like Browder became an expensive nuisance. Browder was kicked out of the country on November 13, 2005.
For a while, he thought the Russian bureaucracy had made a mistake by canceling his visa, confusing him with someone else, perhaps, or misfiling some paperwork. He enlisted the help of British diplomats—Browder had been a British citizen since 1998—to no avail. There had been no mistake. Browder had been declared a threat to Russian national security.
Hermitage Capital remained in business, though, its office run by Browder's staff while he oversaw operations from London. But in Moscow, the pressure only increased. In June 2007, security forces raided Hermitage and the office of the law firm it employed. They carted away computers and files and, interestingly, all the corporate seals and stamps. At first, none of that made sense.
But then Sergei Magnitsky, a 36-year-old Muscovite who handled tax matters for Hermitage, started digging around. He eventually discovered three of Hermitage's holding companies had been used by Russian gangsters to swindle $230 million in tax rebates. It was a straight-up robbery of the Russian treasury. The scam wasn't unheard of, except the amount was perhaps the largest such tax fraud ever uncovered in Russia.
Browder and his staff reported the theft to the authorities and the media in the summer of 2008. They even named suspects, including some of the security officials who'd earlier been involved in the office raids. Nothing happened. Then, a few months later, on November 24, 2008, Sergei was arrested at his home.
He was held for nearly a year in various prisons, overrun with rats and damp with sewage. According to complaints Sergei wrote, he was fed porridge infested with insects and rotten fish boiled into mush. He contracted pancreatitis and gallstones but was refused treatment. Yet he was repeatedly told he would be released if he would recant his allegations and, instead, implicate Browder as the mastermind of the tax scam. He refused every time.
Almost a year after he was arrested, desperately ill, Sergei was handcuffed to a bed rail in an isolation cell. Eight guards beat him with rubber truncheons. A little more than an hour later, he was dead.
Before Sergei was killed, Browder had been lobbying anyone he could think of to pressure the Russians into releasing his accountant. One of the agencies he approached in the spring of 2009 was the U.S. Helsinki Commission, an independent federal agency in Washington that monitors human rights in 57 countries, including Russia.
Kyle Parker, one of the Russia experts there, wasn't interested. He knew who Browder was—the money manager who'd championed Putin, the guy who'd made the rounds of Western capitals a few years earlier trying to get his visa restored. He assumed that's what Browder was still after. "Not gonna be able to make it," he e-mailed a colleague scheduling the meeting. "Unless much has changed, I see this meeting as info only and would not support any action on our part."
He eventually met with Browder, though, and he listened to the story of Sergei. Parker understood, but it didn't seem especially uncommon. "I was thinking: Why is Bill trying to suck us into a pissing match between competing criminal groups?"
Parker didn't even include Sergei in a 2009 letter to Obama highlighting the commission's most pressing concerns.
After Sergei had been killed, Browder went back to the Helsinki Commission.
Parker told him how sorry he was. He told him that he cried when he heard Sergei was dead, that he read about it through teary eyes on the Metro, riding the Red Line home to his wife and kids. He said he was going to help.
"Here you have this Russian hero almost of a literary quality in Sergei Magnitsky," Parker told me. "He wasn't a guy who went to rallies with a bullhorn and protested human-rights abuses in Chechnya. He was a bookish, middle-class Muscovite. I see Sergei metaphorically as that Chinese guy standing in front of the tanks, but with a briefcase. He provided an example for all the other Russians that not everybody goes in for the deal, not everybody is corrupt, not everybody looks the other way when people are swindled."
What Browder wanted was some form of justice for Sergei, though what form that would take was unclear. He'd researched his options for months. The Russians weren't going to prosecute anyone—officially, Sergei died of heart failure. There was no international mechanism to hold Russian nationals criminally accountable in another country. "Eventually," Browder said, "it became obvious that I was going to have to come up with justice on my own."
He outlined a three-pronged approach. One was media, simply getting Sergei's name and his death and the reasons for it into the public consciousness. He talked to reporters, and he produced a series of YouTube videos, short documentaries on the people allegedly involved in Sergei's death.
The second was tracing the money. "They killed him for $230 million," Browder said, "and I was going to find out where that money went." It was parceled out to dozens of people, tucked away in Swiss accounts and American real estate and Panamanian banks, some of it held by proxies; part of it allegedly ended up in the account of a Russian cellist who happened to be a childhood friend of Putin's. By mining bank transfers and financial records, Browder and his staff have accounted for much of it, including $14 million allegedly laundered by a Cypriot company into Manhattan property. (The Justice Department froze those funds in 2013 but settled with the company, Prevezon, last summer for $5.9 million. Prevezon's owner, a Russian named Denis Katsyv, is represented by Natalia Veselnitskaya. The case did not allege that he had any role in Magnitsky's death.)
The final prong was political. Browder had heard about an obscure regulation that allows the State Department to put visa restrictions on corrupt foreign officials. But in the spring of 2010, the Obama administration was attempting to normalize relations with Russia—a "reset," as Obama famously put it. People die horrible deaths every day, and it's terrible and it shouldn't happen. But Russia is also a large country with a significant sphere of geopolitical influence and a lot of nuclear weapons. In that context, a dead middle-class tax lawyer wasn't relevant.
But what if, Parker suggested, they went to Congress? What if the legislature, rather than the administration, took action?
That was also a long shot. Getting any law passed is difficult, let alone one the administration opposes. But Browder told Sergei's story to congressional committees and individual senators and congressmen, and he kept telling it until the Sergei Magnitsky Rule of Law Accountability Act was passed by both houses of Congress and signed into law 11 days before Christmas 2012.
The act originally named 18 Russians, including bureaucrats implicated in the original scam; investigators Sergei had accused of being involved and getting a cut of the $230 million; jailers who tormented him; and two alleged killers. As more of the stolen money was traced, more names were added to the list. Everyone on it is banned from entering the United States and, more damaging, cut off from the American banking system. That has a ripple effect: Legitimate financial institutions all over the world monitor the Treasury Department list of sanctioned individuals and are loath to do business with anyone on it. "That's what people hate about it the most," Browder said. "It makes you a financial leper."
And that matters to Putin, Browder maintains, because the Russians on the list are not independently wealthy, like, say, Bill Gates or Richard Branson. "They're dependently wealthy," he said. "They're dependent on Putin." If the deal is that corrupt Russians can keep their cash in return for their loyalty, the Magnitsky Act is an enormous thorn in Putin's side. If he can't protect anyone's pilfered money, what's the point of loyalty? Putin surely understands that, because he was so transparently rattled: Taking orphans hostage is not the reasoned reaction of a man merely annoyed.
Browder initially wanted to call the law the Justice for Sergei Magnitsky Act. But Parker never took to that. "Banning some corrupt officials from coming here isn't even close to justice," he said. "But it's a legislative monument to Sergei Magnitsky until one day Russia builds a stone monument to him. Because I have no doubt he'll be seen as the Russian patriot and hero that he was."
Not quite three weeks after the Times broke the story of Veselnitskaya lobbying the Trump campaign to get rid of the Magnitsky Act, Browder testified before the Senate Judiciary Committee about, primarily, how Russian operatives wield influence and frame their propaganda. Eight years after he'd started targeting a handful of Russian crooks, Browder was suddenly very relevant to a much larger political storm.
He flew home to London after he testified but had to return to the United States in early August. He checked in at an airline counter in Heathrow but was told there was a problem with his visa. He'd been flagged by Interpol, which had issued a red notice on him. It's basically an international arrest warrant, and it was the fourth requested by the Russians for Browder. Technically, a member nation is supposed to extradite him to the country that asked for the notice. But the British, along with other sensible Western nations, stopped taking Russia's attempts regarding Browder seriously years ago.
In the end, it was only an inconvenience. But what if he'd been in, say, Finland when that notice popped up? The Finns are fine people, but they also have a 500-mile border with Russia. Would letting Browder go be worth risking an international incident with a bigger, more aggressive neighbor? He can make a reasonable case that, no, he would not be worth it. "I'm very realistic about who's coming to my defense," he said. "I am my defense."
So he's careful. He avoids countries that might be friendly to Putin. Much of the Third World is out. So is Hong Kong. He'd be fine in Japan, but only if he didn't fly over Russian airspace. What if the plane has trouble and makes an emergency landing in Novosibirsk? That's where Khodorkovsky was seized and hauled off to a cage.
Even in London, he's cautious. He won't talk about his family or where he lives. He varies his schedule and his route to work every day. He doesn't eat in the same restaurant twice in succession, or in any restaurant with predictable frequency; Russian agents have reputedly twice poisoned dissidents in London. He told me the British government has rebuffed at least a dozen requests to extradite him, and American intelligence has warned him that Russian agents planned to grab him off the street.
Years ago, a Russian living in London came to Browder's staff with information about certain wealthy, corrupt people in Moscow. He was cagey and shifty and, at first, it seemed like he might be a Russian agent trying to plant false clues. But his information checked out and Browder learned who he really was. His name was Alexander Perepilichnyy, and he was nervous because he believed he was on a Russian hit list.
On November 10, 2012, Perepilichnyy dropped dead in front of his house in Surrey. There was no obvious cause of death—no heart attack or stroke or aneurysm—and an inquest wasn't opened until last June. Perepilichnyy wasn't a well-known dissident, so no one thought to take a hard look when he died. "They got away with it," Browder said, meaning the Russians. "That's a perfect example of why you don't want to be an anonymous guy who drops dead."
So Browder is deliberately not anonymous. He does not live in cloistered fear. When a car service got confused trying to pick him up for a photo shoot—definitely a way to not be anonymous—we took the Tube a few stops, then walked through Kentish Town to the studio. There was no security, just two men wandering around London. He has hobbies that he asked I not name, but none of them are solitary or sedentary. "One thing I can tell you," he said, "with the threat of death hanging over you, you live life to the fullest." He laughed a little.
In this new version of his life, Browder is still most often referred to as a financier, but that's only marginally true. He gave all his investors their money back, and manages only his own now. Justice for Sergei—and aggravating Putin—is his full-time job. His staff of 11 tracks money launderers, deciphering which flunky is fronting for which oligarch, sniffing out the rest of that $230 million. He lobbies other governments to pass their own versions of the Magnitsky Act. The United Kingdom has one, as does Estonia. Lithuania is close, and Canada passed one in October. "Unconstructive political games," Putin told a Canadian interviewer immediately after, orchestrated by "the criminal activities of an entire gang led by one particular man, I believe Browder is his name."
And Putin wasn't finished. A week later, Russia slipped another red notice into Interpol's system. For the second time in three months, Browder was temporarily barred from entering the U.S. It's relentless, Putin clawing at him, thrashing. "Their main objective is to get me back to Russia," he said. "And they only have to get lucky once. I have to be lucky every time."
"Everything Bill's done has cost him tremendously," Parker said. "It's cost him money, restricted his personal freedom. And he didn't have to. He was out of Russia. He could have done what many did and walked away. Bad things happen, right? But here's a guy who's proven whatever he needed to prove to himself. He made his money. Now here's a way to find meaning. It's also a debt of honor."
No, it's more than that. "It's penance," Browder said. Sergei Magnitsky was an ordinary Muscovite who happened to work for an American who annoyed Vladimir Putin. "Sergei was killed because of me. He was killed instead of me." He let that hang there a moment. "So, yeah, it's all penance."
Sean Flynn is a GQ correspondent.
This story originally appeared in the December 2017 issue with the title "Putin Enemy No.1."