Helsinki Commission Leaders Call for Action to Support NavalnyFriday, April 23, 2021
WASHINGTON—In response to the precarious health of Russian opposition leader Alexei Navalny in prison, threats to the future operation of his organization, and recent detentions of protestors calling for his release, Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “The world is watching in horror as Alexei Navalny wastes away in a Russian prison cell, while being inspired by the bravery of Russians who came out to the streets to support him,” said Chairman Cardin. “The Biden administration should continue to raise the cost on Vladimir Putin and his remaining allies for this most recent attempt to intimidate those who would take up Navalny’s call to action by challenging the Kremlin’s corruption and standing up for their own freedom.” “Alexei Navalny was lucky to survive one assassination attempt, but he returned to his homeland in a powerful example of civic courage,” said Sen. Wicker. “Now as he suffers once again in a Russian prison, we should consider Mr. Navalny’s suggestion of sanctioning those closest to Vladimir Putin—including notorious oligarchs like Roman Abramovich, Alisher Usmanov, Igor Shuvalov, and Nikolay Tokarev. We will be monitoring his condition carefully.” “By jailing Alexei Navalny, branding his anti-corruption organization as ‘extremist,’ and targeting supporters of a free Russia, the Kremlin reveals its contempt for the fundamental rights of the Russian people,” said Rep. Wilson. “This is simply the latest attempt by Vladimir Putin to cling to power and it will ultimately fail.” In August 2020, Alexei Navalny was the victim of an assassination attempt by FSB that used a Russia-developed chemical weapon in the Novichok family. He spent months recovering after being flown to Berlin for treatment. Navalny returned to Moscow on January 17, 2021, and immediately was arrested. Navalny is serving two years and eight months at one of Russia’s most notorious penal colonies, about three hours east of Moscow. He is accused of violating the terms of a suspended sentence related to a 2014 case that is widely considered to be politically motivated. He has severe back pain and numbness in his extremities. Prison authorities have prohibited him from seeing his own doctors, but recently allowed him to be examined outside the prison by independent physicians. Navalny spent three weeks on a hunger strike to protest his lack of access to an outside doctor and remains in critical condition. On April 16, the Moscow prosecutor’s office asked the Moscow City Court to label Navalny’s Anti-Corruption Foundation and its regional headquarters, as well as his Citizens’ Rights Protection Foundation, as “extremist” organizations. If approved as expected, it will essentially outlaw these groups and criminalize their activity. On April 21, thousands of protestors came out across Russia in support of Navalny. More than 1,000 people were detained, including members of the press.
Wicker, Shaheen Reintroduce Bill to Hold Russia Accountable for Its Religious Freedom Violations in UkraineThursday, April 22, 2021
WASHINGTON—Sen. Roger Wicker (MS) and Sen. Jeanne Shaheen (NH) today reintroduced the bipartisan Ukraine Religious Freedom Support Act (S.1310). It is a companion bill to H.R. 496, introduced by Rep. Joe Wilson (SC-02) and Rep. Emanuel Cleaver (MO-05), which unanimously passed the House Foreign Affairs Committee yesterday. “The Kremlin’s current repression in Ukraine mirrors an ugly chapter from Soviet times when believers were persecuted for their religious faith,” said Sen. Wicker. “Vladimir Putin and his proxies should face real consequences for their brutal attempts to curtail the religious freedom of Ukrainians who suffer under this ruthless Russian occupation.” “There is a bipartisan urgency in Congress to demonstrate support for Ukraine in opposition to Putin’s cruelty, including his barbaric assault against peaceful religious communities. I’m proud to work with this group of lawmakers to reaffirm that sentiment and to stand up for democratic values around the world,” said Sen. Shaheen. “This legislation is an important step forward to hold Putin to account for his unlawful aggression against the Ukrainian people and the fundamental freedoms they hold dear.” The Ukraine Religious Freedom Support Act would authorize and require the president of the United States to consider particularly severe violations of religious freedom in the Ukrainian territory of Crimea and the Donbas—not just violations inside Russia’s internationally-recognized borders—when determining whether to designate Russia as a Country of Particular Concern (CPC). The bill reaffirms that “it is the policy of the United States to never recognize the illegal, attempted annexation of Crimea by the Government of the Russia or the separation of any portion of Ukrainian territory through the use of military force.” Russian forces invaded Crimea in February 2014 and continue to illegally occupy and attempt to annex it. The Kremlin has controlled parts of the Donbas region in eastern Ukraine since April 2014 with non-state armed groups and illegal entities it created and commands. Under international humanitarian law, including the Geneva Conventions, Russia is responsible for religious freedom violations in Crimea and parts of the occupied Donbas. The International Religious Freedom Act of 1998 requires the president to designate CPCs when their governments engage in or tolerate “particularly severe violations of religious freedom,” including killings, torture, abduction, and detention. It also requires the president to then take 15 specific actions, or commensurate action, unless exercising waiver authority, and to ban the foreign officials responsible from entering the United States. The Secretary of State has placed Russia on the Special Watch List for countries with severe violations every year since 2018. All participating States of the Organization for Security and Cooperation in Europe, including Russia, have repeatedly committed to respect and protect freedom of religion or belief. The Helsinki Commission has compiled 16 documents detailing religious freedom commitments that OSCE participating States have made.
Helsinki Commission Leaders Troubled by Kyrgyzstan’s New ConstitutionMonday, April 19, 2021
WASHINGTON—Following the adoption of a new constitution in Kyrgyzstan on April 11, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “We are concerned that this new constitution will move Kyrgyzstan—long considered among the most democratic countries in Central Asia—toward authoritarian rule by concentrating power in the hands of the president, reducing the role of parliament, and minimizing checks and balances. “Vague provisions prioritizing the ‘moral and ethical values and public conscience of the people of the Kyrgyz Republic’ could be used to restrict human rights, including freedom of expression. We urge the Government of Kyrgyzstan to ensure that the country’s independent media and civil society can exercise their human rights and fundamental freedoms without interference.” The new constitution was approved via referendum, although voter turnout was low at just over 30 percent. President Sadyr Japarov, who took office after being freed from prison during unrest that followed a popular revolt sparked by fraudulent parliamentary elections last October, promoted the constitution’s stronger presidential role. Prior to the referendum, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the Council of Europe’s Venice Commission jointly evaluated the draft constitution and concluded that the process adopting it did not follow the rule of law and took place with minimal public consultation or parliamentary debate, and that it raised “grave concerns over the lack of respect for the principles of the rule of law, separation of powers, and inherent lack of checks and balances.”
Cardin and Wicker on April 15 Sanctions Against RussiaFriday, April 16, 2021
WASHINGTON—In response to President Biden’s Executive Order on harmful foreign activities of the Russian government and subsequent Treasury sanctions designations, Helsinki Commission Chairman Sen. Ben Cardin (MD) and Sen. Roger Wicker (MS) issued the following statements: “The Biden administration is holding Russia to account for its malign activities in a direct and transparent manner,” said Chairman Cardin. “I applaud the president for taking bold action in response to Russia’s cyberattacks, election interference, its occupation of Crimea, the war it started in eastern Ukraine, and overall human rights abuses and weaponization of corruption. The president should continue to be frank with Russia about the consequences for their actions. We will need to stay the course and continue to use the Magnitsky Act and executive authority to further contain this dangerous regime.” “I welcome all efforts to hold Vladimir Putin accountable for his violence at home and abroad, but this package leaves much to be desired,” said Sen. Wicker. “Instead of the bold action needed to change the Kremlin’s behavior, yesterday’s sanctions represent the latest in a series of incremental steps that exact minimal costs and will have minimal effect. The longer we wait to impose real consequences for Moscow’s bad acts, the longer the Russian people will continue to suffer under Putin’s brutal authoritarian regime.” On April 15, Treasury sanctioned 16 individuals and entities that attempted to influence the 2020 U.S. presidential elections on behalf of the Government of Russia. Along with the European Union, United Kingdom, Canada, and Australia, Treasury also designated five people and three entities in connection with Russia’s occupation of Crimea and human rights abuses there. Under the authority of a new Executive Order issued by President Biden, Treasury implemented new restrictions on the purchase of Russian sovereign debt as well as targeted sanctions on technology companies engaged in malicious cyber activities against the United States.
Helsinki Commission Leaders Call on Belarusian Authorities to Release Journalists, Political PrisonersTuesday, April 13, 2021
WASHINGTON—In response to the ongoing crackdown on journalists and civil society in Belarus, including the detention of RFE/RL consultant Ihar Losik for almost 300 days on spurious charges, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “Despite Aleksandr Lukashenko’s attempt to intimidate Belarusians, the resounding call for freedom and democracy in Belarus has been heard around the world. Ihar Losik, Katsiaryna Barysevich, Dzianis Ivashyn, Katsiaryna Andreyeva, and Darya Chultsova are just a few of the brave Belarusian journalists who have been imprisoned for simply doing their jobs. “We stand in solidarity with the people of Belarus, and in admiration of the courageous journalists who provide critical information to their fellow citizens despite the serious risks they face. “We call on Mr. Lukashenko to release all political prisoners without exception, and to end the attacks against journalists, civil society, and all Belarusians peacefully exercising their rights.” Since the run-up to the fraudulent August 2020 election, and during the subsequent protests, Belarusian authorities have conducted a sweeping crackdown on journalists, civil society, and opposition politicians. Sen. Wicker immediately condemned the election results and violence against protestors in Belarus, and Rep. Alcee L. Hastings, then chairman of the Helsinki Commission, asked the U.S. administration to revoke access to the U.S. financial system for the nine largest state-owned companies in Belarus following the government’s violent suppression of peaceful protests. According to Belarusian human rights groups, there are now more than 350 political prisoners in the country. On March 31, the State Department announced that unless Belarus releases all political prisoners, the general license issued by the Treasury Department authorizing transactions with nine state-owned enterprises in Belarus will lapse in late April.
Russian Whistleblower Dr. Rodchenkov Discusses Rodchenkov Anti-Doping Act’s Impact as Tool against Corruption at Upcoming Tokyo OlympicsFriday, April 09, 2021
WASHINGTON—Dr. Grigory Rodchenkov, the former head of Moscow’s anti-doping laboratory who blew the whistle on Russia’s state-sponsored doping scheme, spoke out for the first time about the impact of the Rodchenkov Anti-Doping Act (RADA) during the latest episode of Helsinki on the Hill, the Helsinki Commission’s monthly podcast. Dr. Rochenkov called into the interview on a secure line from an undisclosed location to protect his safety and well-being. He discussed the blatant corruption that exists within the World Anti-Doping Agency (WADA), the International Olympic Committee (IOC), and the larger world of international sport. “Immediately and now, [the Rodchenkov Act] is a game changer… those people who were part of [the] conspiracy, they will tighten their security because of fear,” said Dr. Rodchenkov. “I know people who are core of the doping system...they are very clever. They are very good. Now they have some sort of Damocles sword above their heads. It’s absolutely different feelings and style of life. You were untouchable and not vulnerable before. Now you are [the] victim.” The upcoming Tokyo Olympics, slated to take place in late July after a one-year postponement, will be the first international athletic event since the passage of the Rodchenkov Anti-Doping Act (H.R. 835) last December, which established criminal penalties on individuals involved in doping fraud conspiracies affecting major international competition. The law empowers the U.S. Department of Justice for the first time to investigate and prosecute these rogue agents who engage in doping fraud, provide restitution to victims, and protect whistleblowers from retaliation. Passage of the bipartisan legislation was spearheaded by then-Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Commissioner Sen. Sheldon Whitehouse (RI) in the Senate and former Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) in the House of Representatives. Dr. Rodchenkov emphasized the role of whistleblowers in exposing those complicit to the system, since by criminalizing sports doping as corruption, whistleblowers are now protected under U.S. witness protection laws. “Whistleblowers are of the paramount activity for the future fight against doping,” he said. Sen. Whitehouse has lauded Dr. Rodchenkov’s own courage as a whistleblower. “Thanks to Dr. Rodchenkov, we have a clear understanding of how Russia weaponized doping fraud as a tool of foreign policy. After his visit to the Helsinki Commission three years ago, we decided to take action against the brazen corruption of Russia and other authoritarian states,” Sen. Whitehouse said. “The new law bearing Dr. Rodchenkov’s name is an important tool for cracking down on global corruption in international sports and addressing the economic, security, and human rights issues caused by these crimes.” In 2018, Dr. Rodchenkov met with Helsinki Commissioners Sen. Ben Cardin (MD), Sen. Cory Gardner (CO), and Rep. Jackson Lee to discuss the threat posed by Russia to the United States, corruption in international sports bodies, and how the United States could contribute to the international effort to counter doping fraud.
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Behind new law, the FBI is getting into anti-doping, but not everyone wants the helpFriday, April 09, 2021
Behind a new law it intends to wield like a “massive hammer,” the FBI is viewing this summer’s Tokyo Olympics as the first opportunity to expand its efforts to probe corruption in sporting events around the world. But given the reception the law received internationally when it was signed in December, the Summer Games instead might test whether U.S. investigators can expect cooperation or resistance from their global counterparts. The Rodchenkov Anti-Doping Act gives American prosecutors the ability to pursue anyone who conspires to cheat in major sporting events. Even before the law passed, Joseph Gillespie, the FBI’s unit chief overseeing transnational threats, launched the Sport and Gaming Initiative, focusing more attention and resources on investigating sports-specific crimes. He said investigators have met with Department of Justice officials and begun outreach with foreign law enforcement agencies and sports organizations to discuss ways to better police sports internationally. “We have this massive tool where it’s a codified thing that we can use to go after people,” Gillespie said. “You see lots of legislation come in, and sometimes it’s very loose and vague and not very expansive. This particular one, because of the elements, their definition of a major international sports competition, it’s quite expansive.” Born out of the Russia doping scandal, the law easily passed through Congress last year. But some international sports officials felt the United States was granting itself gratuitous powers, expanding its jurisdiction to any international sports event that includes an American athlete, is broadcast in the United States or features a sponsor that does business in the United States. The World Anti-Doping Agency railed against the bill, warning jurisdictional issues will complicate and undermine existing anti-doping efforts. The Tokyo Olympics could provide the first glimpse of how the law might be implemented, revealing the willingness of U.S. authorities to apply it, the level of cooperation they’ll receive from outside agencies and the hurdles inherent with enforcing extraterritorial laws. “These types of laws are helpful in terms of creating some kind of definition of the crimes. But their bark is often way worse than their bite,” said Mark A. Drumbl, director of the Transnational Law Institute at the Washington and Lee School of Law. “You can’t bring a case if you don’t have evidence. Without the transfer of people, information, witnesses, it leads to nothing.” The bill’s namesake, Grigory Rodchenkov, the whistleblower who helped expose the depths of the Russian scandal, said it will be needed in Tokyo, where Russia has been formally barred but dozens of Russian athletes will be allowed to compete as “neutral athletes from Russia.” In an email to The Washington Post, he said Russians “keep using doping as a weapon to test whether the international community will ever hold them to account.” “The Rodchenkov Act is now the ‘doping sword of Damocles’ hanging over the heads of the doping orchestrators who know that sooner or later they will be punished,” he said. “I do firmly believe that this law, and the U.S. Department of Justice and FBI, will bring a new day of real change, deterrence and justice to world sport.” ‘Absolutely inevitable’ Unique in the sports world, the Rodchenkov Act could be similar in practice to other extraterritorial laws, such as the RICO Act. The law equates doping with a form of fraud, victimizing athletes, sponsors and audiences who expect clean and fair competition. While the courts have helped define the reach and limits of other transnational laws, Congress tried to make the scope and reach of the Rodchenkov Act immediately clear. Paul Massaro, a policy adviser for the Helsinki Commission and a key architect of the legislation, has a background in anti-corruption, finance and trade and wanted a law that was practical and gave authorities proper guidance. In other sports-related cases — the FIFA investigation, for example — prosecutors have had to hunt for applicable pieces of the RICO and Travel acts. This law codifies the anti-doping crimes. “It is the real deal,” Massaro said. “It has real teeth, and we expect real enforcement. We expect real deterrence, and we have the capacity to do so. We’ve seen exactly this happen with all sorts of extraterritorial criminal law.” Massaro and Rodchenkov appeared this week on the “Helsinki on the Hill” podcast, one of the rare times Rodchenkov, the former head of Russia’s national anti-doping laboratory who now lives incognito in the United States, has spoken publicly. In the interview, he likened doping to a cancer that has metastasized over several years and said the world has “no remedy, no tool, no cannon or rifle to kill everything at once.” “Look, why Rodchenkov Act was inevitable? Because sport corruption and crime, they have close-link relations,” he said. “And if you take a helicopter view, what would we have in sport, we have several issues. It’s betting/gambling, sexism and doping. The first two issues, there are criminal laws and criminal things. So it was absolutely inevitable to bring criminal law enforcement into sport.” Passing a law and enforcing one are different matters. Extraterritorial criminal laws require cooperation at almost every level, Drumbl said, and even if the U.S. law is clearly defined, American authorities might need foreign support to vigorously pursue investigations. “Without the cooperation of other states — if the harm occurred somewhere else, if the information you need is somewhere else, if the wrongdoers are somewhere else — it’s just going to be hard in a practical, logistical sense to bring a case,” he said. “You need a lot of cooperation for this to work in a legal system. That’s the stuff that law makes more complicated. It’s not just politics. You’ve got to adhere to a whole set of standards.” Gillespie, too, says the FBI has had lengthy discussions with entities such as Interpol and the Council of Europe’s Network of National Platforms, in which more than 30 countries work together to probe sports competition. Known as the Group of Copenhagen, the multinational entity has relationships with organizations such as FIFA and the International Olympic Committee, and the FBI was among the agencies on-site at the 2019 Women’s World Cup, aiding real-time investigative efforts. “We need to increase our rapport and cooperation with the sporting organizations, those integrity elements,” Gillespie said. “And so to a certain extent, we have to kind of drop the FIFA in the past. That happened. We’re done. We’re not coming at you. We want to work with you to make sure that doesn’t happen within those organizations.” It’s not clear how much international sports organizations will welcome American authorities. WADA met with U.S. lawmakers last year to point out what it sees as problems with the legislation, and a spokesman said the organization’s position has not changed. “WADA as well as several governments and international sports organizations remain concerned that the Act could have a number of negative unintended consequences for the fight against doping in sport around the world,” WADA’s James Fitzgerald said in an email. “WADA continues to be ready and willing to assist the U.S. authorities in devising how best to implement the positive aspects of the Act without destabilizing the harmonized global anti-doping system.” Massaro said U.S. authorities won’t necessarily need the aid of organizations such as WADA to bring charges against bad actors. He notes that the Russian scandal unfolded under the watch of WADA and the IOC yet Russian athletes are still allowed to compete internationally. “The necessity will be minimal,” he said, “and honestly, in my opinion, it should be kept to a minimum. These organization are compromised, and they are part of the problem.” A test in Tokyo The FBI has been active in sports investigations in the past, but in establishing the Sport and Gaming Initiative last year, Gillespie said the agency was realigning resources, educating field offices and firming up relationships with sports organizations. In addition to international doping, he said, the FBI will have an interest in potential match-fixing and gambling-related crimes. He added the college sports arena could be especially vulnerable to corruption. He wants domestic and international leagues to know the FBI intends to be active in this space and hopes the network of extraterritorial laws discourages wrongdoers. He said the Justice Department’s Organized Crime and Gang Section has indicated an interest in pursuing cases built off the Rodchenkov Act. Justice Department officials did not respond to requests to comment. “Obviously, the application of it will be key,” Gillespie said of the new law. “The first couple of cases that come under it are going to be very key for setting a precedent on the interpretation of it.” It’s not clear what the FBI presence might be at the Tokyo Games. At the Women’s World Cup, the Group of Copenhagen operated a mini command post, which included the FBI and other agencies, and Gillespie said, “We want to see if we can apply that towards the Olympics and these other major institutions. “We feel that it would be a good selling point for the International Olympic Committee for them to advertise that there’s an integrity element as part of those Games,” he said. “… We’ll have to present that under the international umbrella because they may be fearful of us coming at them directly.” With competition schedules scuttled and training upended during the coronavirus pandemic, drug testing has been inconsistent throughout the sports world for more than a year, ramping up fears that the Tokyo Games will be ripe for abuse. Massaro said these Olympics amount to a “very, very serious test” and everyone will be looking to see if the United States is serious about assuming a role as a global watchdog. “If Russia is going to test the waters and do in Tokyo what they’re doing in Ukraine right now — testing the Biden administration by heating up conflict — they’ll want to test it in Tokyo, and we’ll have to be ready to push back with this law,” Massaro said.
Helsinki Commission Leaders Commemorate International Roma Day with Senate and House ResolutionsThursday, April 08, 2021
WASHINGTON—Ahead of International Roma Day on April 8, Helsinki Commission Chairman Sen. Ben Cardin (MD), commission leaders the late Rep. Alcee L. Hastings (FL-20) and Sen. Roger Wicker (MS), and House Foreign Affairs Committee Chair Rep. Gregory Meeks (NY-04) introduced resolutions in the U.S. Senate and the U.S. House of Representatives celebrating Romani American heritage. Chairman Cardin, Sen. Wicker, and Rep. Meeks issued the following joint statement: “Romani people have been part of every wave of European migration to the United States from the colonial period to today. They enrich the fabric of our nation and strengthen the transatlantic bond. “Through this resolution, we celebrate Romani culture and pay tribute to our shared history. We applaud the efforts to promote transnational cooperation among Roma launched at the historic First World Romani Congress on April 8, 1971.” In addition to recognizing and celebrating Romani American heritage, these resolutions support International Roma Day, recognized around the world on April 8, and the robust engagement of U.S. diplomats in International Roma Day activities throughout Europe. The resolutions also commemorate the destruction of the Romani camp at Auschwitz when, on August 2-3, 1944, Nazis murdered between 4,200 and 4,300 Romani men, women, and children in gas chambers in a single night, and commend the U.S. Holocaust Memorial Museum for its critically important role in promoting remembrance of the Holocaust and educating audiences about the genocide of Roma. Chairman Cardin serves on the United States Holocaust Memorial Council, the governing board of trustees for the United States Holocaust Memorial Museum. Former Helsinki Commission Chairman Hastings, who died on April 6, was a longtime champion of Roma rights. In addition to regularly meeting with Roma from across Europe, he supported efforts in Romania to address the legacy of Roma enslavement; criticized the mass expulsions of Roma from France, fingerprinting of Roma in Italy, and destruction of the historic Romani neighborhood Sulukule in Istanbul; and condemned proposals to restrict births of Roma in Bulgaria and racist violence against Roma wherever it occurred. Rep. Hastings supported the work of the U.S. Holocaust Memorial Museum in its scholarship and education about the genocide of Roma and the museum’s acquisition of the unique Lety concentration camp archives. The Organization on Security and Cooperation in Europe works with national and local governments, civil society and international organizations to promote equal opportunities for and the protection of the human rights of Roma.
Helsinki Commission Leaders Mourn Death of Former Chairman Alcee L. HastingsTuesday, April 06, 2021
WASHINGTON—Following the death of former Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) earlier today, Helsinki Commission Chairman Sen. Ben Cardin (MD) and Helsinki Commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “Alcee Hastings was a fighter and an incredible survivor. He never gave up—not when facing racism as a young man in the Jim Crow south, not when defending civil rights as a lawyer and jurist, not when championing human rights worldwide as chairman of the Helsinki Commission, and not in his long battle with pancreatic cancer,” said Chairman Cardin. “Alcee was committed to ensuring that America’s foreign policy reflects our enduring commitment to democracy, that fundamental freedoms are protected at home and abroad, and that all people can live in a society that is safe, inclusive, and equitable. Even as we mourn his passing, we celebrate a life well lived and a world made better by his service. Alcee was not just a colleague; he was a dear friend. Myrna and I extend our sympathies to his family at this difficult time.” “As chairman of the Helsinki Commission, Alcee Hastings was a powerful partner in advocating for the United States, human rights, democracy, and international cooperation,” Sen. Wicker said. “He broke barriers on the international stage as the first American elected to lead the OSCE Parliamentary Assembly while championing the interests of his constituents in Washington. Even as he battled cancer, he was never distracted or deterred from his public service. Gayle and I extend our deepest condolences to his family, friends, and staff during this difficult time.” “Roxanne and I are deeply saddened by the passing of Congressman Hastings,” said Rep. Wilson. “I will always treasure our time working together on the Helsinki Commission and I am grateful for his friendship and service to his country.” Rep. Hastings, who most recently chaired the Helsinki Commission in the 116th Congress, joined the commission in 2001. In 2007, he became the first African American to lead the Helsinki Commission. Rep. Hastings remains the only American to have ever served as President of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly (OSCE PA), where he also was the former Special Representative on Mediterranean Affairs. Rep. Hastings' Obituary at Legacy.com
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It's time to abolish the federal death penaltyTuesday, March 30, 2021
In July 2020, the Trump administration ended a 17-year moratorium on the federal death penalty. By the time the president exited the White House on Jan. 20, 2021, 13 inmates had died at the hands of a federal executioner in the span of just six months. There are many reasons to end the federal death penalty. It does not serve as an effective deterrent to violent crime, capital cases are expensive to litigate, like our larger judicial system, it is rife with racial inequity and once it is rendered, it is irrevocable, no matter how unjust. Perhaps most importantly, the United States has publicly and repeatedly committed to preserving human rights and fundamental freedoms for all people, through our membership in the Organization for Security and Cooperation in Europe and elsewhere. The death penalty simply cannot be reconciled with these promises to value and protect democracy, the rule of law and impartial justice. By eliminating the federal death penalty, Congress can demonstrate that the United States is once again a nation that lives up to our values and our promises to make the world better and lead by example — an opportunity met with derision by the last administration. No other human rights concern is raised more consistently with the United States by our European allies than the death penalty, which our closest friends compare to torture. According to the European Union, the death penalty is “the ultimate cruel, inhuman and degrading punishment.” Nearly every other country in the OSCE region — even Russia and Turkey — has repealed or established moratoria on capital punishment. Among the OSCE’s 57 participating States, only two still impose a judicial sanction of death: the United States and Belarus. Outside the OSCE region, our company among those that impose the death penalty is no better. According to Amnesty International, the world’s leading executioners include China and Iran. U.S. allies like Australia and South Korea have rejected the death penalty. The values gap between America and our allies has consequences. For example, other NATO members will not send criminal suspects here if they face capital punishment. Last October, the United States secured the long-sought extradition from Britain of two alleged ISIS terrorists only once the U.S. Department of Justice finally agreed not to pursue a sentence of death. Ending the death penalty should be part of comprehensive justice reform in the United States and part of our current reckoning with racial inequality. More than half of the states across our nation have abolished the death penalty or halted executions. Most recently, Virginia legislators voted in February to end the death penalty. Upon introducing the legislation, Gov. Ralph Northam noted racial disparities and cited the case of Earl Washington, a man who came nine days away from being executed but was cleared by DNA evidence not available at his trial. Washington was eventually pardoned by then-Gov. Jim Gilmore — most recently the U.S. Ambassador to the OSCE — who saved an innocent man from irreparable injustice. Now it is time for Congress to end the death penalty at the federal level. Rep. Alcee L. Hastings chaired the U.S. Commission on Security and Cooperation in Europe in the 116th Congress and is a cosponsor of H.R. 262, the Federal Death Penalty Prohibition Act. From 2004 to 2006, Rep. Hastings served as president of the OSCE Parliamentary Assembly.
Senator Ben Cardin Returns to Lead Helsinki CommissionWednesday, March 24, 2021
WASHINGTON—The Presiding Officer, on behalf of the Vice President, yesterday announced the appointment of Sen. Ben Cardin (MD) as chair of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, throughout the 117th Congress. "For 45 years, the Helsinki Commission has tirelessly defended human rights and democratic institutions at home and abroad. It has promoted the enduring value of multilateralism and fought to ensure that the United States lives up to our core values, remaining a beacon of hope to those who are oppressed. However, the most trying time in our history may be ahead of us,” said Chairman Cardin. Over the past year, the world has suffered the crippling impact of COVID-19, which has disproportionately affected our most vulnerable citizens and allowed some governments to exploit the pandemic to limit fundamental freedoms. Racist violence has once again reared its ugly head in many OSCE participating States, including our own. Corruption threatens peace, prosperity, and human rights across the region, and the Kremlin remains intransigent in its overt violence against its neighbors as well as its covert attempts to undermine democratic institutions elsewhere. These challenges may seem daunting, but my fellow commissioners and I will always fight to promote human rights and fundamental freedoms, encourage tolerance within societies, battle corruption, and defend the principles of liberty and sovereignty.” Chairman Cardin has been a Helsinki Commissioner since 1993 and previously chaired the commission in the 111th and 113th Congresses. He is an outspoken champion for human rights and throughout his career in public service has advocated for accountability and transparency measures to promote good governance and to combat corruption. Since 2015, Chairman Cardin has served as the Special Representative on Anti-Semitism, Racism, and Intolerance for the OSCE Parliamentary Assembly. Chairman Cardin is the lead author of the Sergei Magnitsky Human Rights Accountability Act, a law that imposes sanctions on Russian individuals and entities responsible for the death of Russian lawyer, Sergei Magnitsky, as well as individuals who commit gross violations of human rights against rights defenders in Russia. He also authored the Global Magnitsky Human Rights and Accountability Act, which gives the United States the power to deny travel and banking privileges to individuals worldwide who commit gross violations of human rights against rights defenders and dissidents, and leaders who commit acts of significant corruption. Most recently, Chairman Cardin and Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act, which would establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries and streamline work strengthening the rule of law abroad. Chairman Cardin also is one of the lead authors of Section 1504 of the Dodd-Frank Act, also known as the Cardin-Lugar Energy Security Through Transparency Act. The provision requires extractive companies listed on U.S. stock exchanges to disclose, in their SEC filings, payments made to governments for oil, gas and mining. Revenue transparency increases energy security and creates U.S. jobs by reducing the operating risk U.S. companies face. It also provides information so that people in resource-rich countries can hold their leaders accountable for the money made from their oil, gas and minerals.
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Corruption Is a National Security Threat. The CROOK Act Is a Smart Way to Fight It.Tuesday, March 23, 2021
Not long ago, America’s greatest adversaries were bound together by communist ideology. Today, they most often are defined by political corruption—authoritarian leaders using the levers of government to enrich themselves and ward off political opponents. Corrupt leaders cling to power through patronage networks and exploit rule-of-law jurisdictions, like the United States, to conceal and protect their stolen assets. These leaders are also accustomed to using strategic corruption as a tool of foreign policy. Corruption has its most perverse effects on the people who are forced to live under it. Corruption undermines democracy, hollows out the rule of law, and prevents the efficient and fair delivery of government services, as evidenced in the scandals affecting certain pandemic response efforts. Corruption also fuels the rise of authoritarian opportunists who seek to exploit social divisions, restrict freedom, and use public office for personal gain. Corruption also poses a wider threat to American democracy and prosperity, and to the prosperity of our allies. Almost every major transnational threat—such as human trafficking, black markets, and terrorism—is inextricably linked to corruption. Slowly but surely, the fight against corruption is gaining momentum worldwide. In Russia, corruption exposed by activist Alexei Navalny has sparked mass protests against a political elite that systematically steals from them. In the past three years alone, outrage against corruption has fueled protests in 32 countries. Despite these encouraging signs, opportunities to root out corruption remain rare—and when they arise, the window for action closes quickly. To have maximum impact in this fight, the United States needs to be ready to assist anti-corruption reformers on short notice. Seizing Opportunities for Reform The United States currently spends about $115 million a year on global anti-corruption programs. To put this in perspective, we spend $9.5 billion annually on global health assistance programs. Unfortunately, many of the funds we put toward anti-corruption efforts get trapped in multi-year technical programs that are unable to respond nimbly to sudden opportunities for governance reform. Scholars and practitioners have demonstrated that rapid action is crucial to making corruption reforms stick. When the rare window for reform opens, reformers must act quickly and boldly to capitalize on public momentum and prevent old-guard cronies from reasserting their influence. If the United States does not compete in these environments, fledging reformers will have an even harder time succeeding, and authoritarian kleptocrats will gain ground. The United States needs to be proactive in developing strategic relationships and agile programs that will keep us relevant in moments of historic opportunity. Last month, we introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act to upgrade America’s anti-corruption efforts by targeting kleptocracy at the source. The CROOK Act would create an anti-corruption action fund to help activists leverage public sentiment to achieve lasting reform, without any additional cost to taxpayers. The fund would be financed through a $5 million surcharge on entities found liable for $50 million or more in criminal fines and penalties under the Foreign Corrupt Practices Act (FCPA). Based on data from the last 10 years, this bill would put an additional $16 million per year toward global anti-corruption work. Funds would continue to accrue until a historic window of opportunity opens, at which point funds would be rapidly deployed to help establish the rule of law. Imagine if the United States had been able to inject more anti-corruption resources into Ukraine after the Revolution of Dignity in 2014, or Armenia after the 2018 Velvet Revolution, or Malaysia after its 2018 election. If the United States had been ready with an anti-corruption action fund, we could have dramatically amplified the work of courageous reformers to establish lasting change, and ultimately make the United States more secure. Leveraging FCPA fines and penalties to fight global anti-corruption is a long-overdue shift. The FCPA, passed in 1973, makes it illegal for a U.S. business to pay a bribe abroad and collects enormous fines and penalties every year—often in the billions of dollars. Yet historically, these fines have gone exclusively to the U.S. Treasury rather than being recycled into anti-corruption efforts. On issues like human trafficking and child pornography, the U.S. government already uses some money collected from perpetrators to aid victims and help fight the crimes committed against them. It is time for a similar approach to fighting corruption. Enhancing FCPA Enforcement The FCPA represents America’s commitment never to export corruption abroad. This draws a stark contrast with kleptocratic powers like China, a nation that exports corruption skillfully and aggressively through its Belt and Road Initiative. Regrettably, vigorous enforcement of the FCPA—though fully legal—has been a sticking point with some allies, who falsely claim it is a means to line American pockets. The CROOK Act would undercut these claims by redirecting a portion of fines and penalties collected to help U.S. partners fight corruption. The CROOK Act would also rebut a longstanding critique of the FCPA: that the U.S. unfairly targets private companies for offering bribes rather than targeting the source of demand for those bribes among foreign officials. The CROOK Act would create a more holistic approach by helping establish rule-of-law structures that would restrain officials from seeking bribes, resulting in a more level playing field for American businesses. The world’s most prominent anti-corruption advocates have all endorsed the CROOK Act, including Transparency International USA and the Financial Accountability and Corporate Transparency (FACT) Coalition. Like much of the legislation that has emerged from the U.S. Helsinki Commission on which we serve, this bill enjoys bipartisan support in both the House and the Senate. Fighting corruption is an imperative for the United States. As a beacon of liberty and the rule of law, it is our duty and the purest expression of our values. It is also a highly practical form of soft power that advances our national security. Allocating the right resources for this fight is a small price to pay for advancing good governance abroad and creating a more stable world. Passing the CROOK Act would be decisive step in the right direction.
Helsinki Commission Leaders Commemorate International Day Against Racial DiscriminationFriday, March 19, 2021
WASHINGTON—Ahead of the International Day for the Elimination of Racial Discrimination on March 21, 2021, U.S. Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20), Sen. Roger Wicker (MS), Rep. Joe Wilson (SC-02), and Sen. Ben Cardin (MD) released the following statements: “Events of the past year have highlighted the harsh reality of what it means to be Black in America and in many countries around the world. We must do more to address the global violence plaguing communities of color and dismantle the ideologies and structures that reinforce racial hierarchies,” said Rep. Hastings. “I have been greatly encouraged by the stand youth have been taking against racism with the hopes that their efforts will lead to a future where skin color, gender, religion, and other characteristics are no longer a determinant of one’s value or access to rights, protections, and opportunities.” “Every person deserves equal protection under law, regardless of race, color, or creed,” Sen. Wicker said. “I stand with those who are working to end the blight of racial discrimination in every country.” “We have witnessed terrible tragedies prompted by racism,” said Rep. Wilson. “The global community has a responsibility to root out discrimination and remove barriers to equal education, employment, and political participation.” “The COVID-19 pandemic has further exposed long-standing racism both at home and abroad. As the OSCE Parliamentary Assembly’s Special Representative on Anti-Semitism, Racism, and Intolerance, I am actively cooperating with our European partners to strive for peace, equality and equity,” said Sen. Cardin. “Impactful U.S. legislation, such as the End Racial and Religious Profiling Act of 2021 I recently introduced that would prohibit law enforcement from discriminatory profiling, will bring us closer to breaking the cycle of systemic racism. I am pleased that my ERRPA legislation has passed the House as part of the George Floyd Justice in Policing Act, which is now under consideration in the Senate. I urge my colleagues to join me in commemorating this important day that reminds us that the fight for justice is far from over.” The International Day for the Elimination of Racial Discrimination is observed annually on March 21, following the UN General Assembly’s 1966 recognition of the deaths of 69 demonstrators who were killed by police when protesting apartheid in South Africa on March 21, 1960. The Helsinki Commission has hosted youth leadership initiatives and racial justice efforts, including a joint meeting with the European Parliament on combating racism and systemic discrimination and an event highlighting the world’s biggest data set of hate crime statistics, compiled by the OSCE’s Office of Democratic Institutions and Human Rights for participating States, civil society, and international organizations.
Helsinki Commission Leaders on Intelligence Report Outlining Foreign Attempts to Influence 2020 ElectionThursday, March 18, 2021
WASHINGTON—Following the release of a U.S. intelligence report outlining foreign efforts to influence the 2020 U.S. elections, including by the Kremlin, Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20), Rep. Joe Wilson (SC-02) and Sen. Ben Cardin (MD) issued the following statements: “The Kremlin wants to sow uncertainty, chaos, and disorder in the United States and uses weapons of influence and disinformation to strike when we are most divided and vulnerable,” said Rep. Hastings. “International election observers noted earlier reports of foreign actors engaged in disinformation campaigns designed to degrade public confidence in the U.S. electoral process. Although the 2020 elections were free and fair, we cannot be complacent. We must strengthen our society and institutions against further attacks on our sovereignty.” “The Kremlin’s mobilization of bots, trolls, and agents of influence to exploit pre-existing divisions in American society and further polarize discourse will not stop with our most recent elections,” said Rep. Wilson. “America’s best defense will continue to be informed citizens, continued vigilance from the U.S. intelligence community, and sanctions and other punishments on those who seek to undermine our institutions.” “Reports of the Kremlin’s efforts to influence our elections and undermine faith in our democracy are troubling,” said Sen. Cardin. “We must be vigilant against such threats, not only in the United States, but wherever Putin attempts to strike next. Working with allies around the globe to bolster our defenses against malign disinformation campaigns is vital to safeguard our foreign policy and security interests.” On March 16, the Office of the Director of National Intelligence released an unclassified version of a report assessing the scope of foreign threats to the 2020 U.S. elections. The intelligence community assessed that Russian president Vladimir Putin authorized “influence operations aimed at denigrating President Biden's candidacy and the Democratic Party, supporting former President Trump, undermining public confidence in the electoral process and exacerbating sociopolitical divisions in the United States.” The campaign, implemented by various Kremlin entities, focused on the use of proxies tied to Russian intelligence who peddled influence narratives in media and within the Trump administration. In September 2020, the Treasury Department imposed sanctions on one of the individuals mentioned in the report, Ukrainian parliamentarian Andriy Derkach. The report notes no attempts to interfere in technical aspects of the voting process.
Hudson, Veasey Condemn Ongoing Imprisonment of American Trevor Reed in RussiaTuesday, March 16, 2021
WASHINGTON—In response to the ongoing imprisonment of U.S. citizen Trevor Reed in Russia, Rep. Richard Hudson (NC-08) and Rep. Marc Veasey (TX-33) issued the following joint statement: “Trevor Reed is not a political bargaining chip; he is a human being loved by family and friends. He already has suffered needlessly through pre-trial detention, a sham trial, and more than a year of his unjust prison sentence. The United States will not stand by quietly while Trevor—and all of those wrongly jailed by Russian authorities—suffer the consequences.” American citizen and U.S. Marine Corps veteran Trevor Reed traveled to Moscow in May 2019 to visit his girlfriend. In August, he was detained by police after a party and accused of endangering the lives of the police officers by grabbing them and causing their vehicle to swerve on the way to the police station. No one was injured, video evidence and witness testimony did not corroborate the accusation, and Reed’s defense team was not given access to additional video footage recorded inside the police car and police station. After spending a year in custody, in July 2020 Reed was sentenced to nine years in a prison camp—the single longest prison sentence handed down in more than 20 years for such a charge. In February 2021, a Moscow court postponed hearing his appeal indefinitely. In early March, Reed was taken from his cell by authorities and held incommunicado in an unknown location for more than a week. Officials provided no explanation to his family or to the U.S. Embassy upon his return. The Kremlin has a history of jailing U.S. citizens on spurious and politically motivated charges. In June 2020, another U.S. citizen, Paul Whelan, was sentenced to 16 years in a maximum-security prison by a Russian court. He originally was arrested in Moscow in December 2018, where he planned to attend a wedding, and spent the intervening 18 months in pre-trial detention.
The Ongoing Importance of the Work of the U.S. Helsinki CommissionTuesday, March 16, 2021
Madam Speaker, I rise today to discuss the work of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission and its continued importance in addressing challenges in our country and abroad. For over four decades, the Helsinki Commission has championed human rights, democracy, and comprehensive security across the 57 North American, European, and Central Asian countries that make up the region of the Organization for Security and Cooperation in Europe (OSCE). As Chair of the Helsinki Commission during the 116th Congress, I worked with my House and Senate colleagues to continue the Commission's longstanding efforts to monitor participating States compliance with the Helsinki Accords. The importance of election observation in our country and abroad, restorative justice, the safety of journalists, and the global impact of George Floyd's tragic death on racial justice efforts were just some of the issues the Commission addressed last Congress, in addition to our continued focus on Russia, Ukraine, the Balkans and continued democratic development in the region. As we continue our work of the 117th Congress, I invite you to review the report: "Retrospective On The 116th Congress'' at https://www.csce.gov/international-impact/retrospective-116th-congress and http://www.csce.gov/sites/helsinkicommission.house.gov/files/116th%20Congress%20Report%20Final.pdf. This report summarizes the Commission's activities, as well as recommendations critical for the continued promotion of democracy and U.S. national security. Madam Speaker, I look forward to continuing this critically important work during the 117th Congress.
U.S. Election Practices: An International PerspectiveTuesday, March 16, 2021
Madam Speaker, this chamber recently passed H.R. I, the "For the People Act,'' significant legislation making it easier for American citizens to vote in U.S. elections and improve transparency and accountability in our election process. The White House also recently announced a new executive order to assist this effort. These are positive developments that I welcome and support, but, as we all know, not everything regarding the conduct of elections can be done at the federal level. Unfortunately, many state legislatures are now undertaking efforts that would make it more difficult for eligible Americans to participate in the electoral process and vote. As Chair and in the leadership of the Helsinki Commission, I have supported the positive steps we are trying to take on this issue, yet I remain deeply concerned about those who want to move our country backward. Perhaps it would help our debate to look at the conduct of the 2020 U.S. elections from an international perspective, including the conduct of elections in conformity with international commitments first proposed and advocated by the United States more than 30 years ago. The United States has been one of five countries thus far where the OSCE Parliamentary Assembly has observed elections during the unprecedented challenges of the pandemic, and a German parliamentarian reported on its findings on February 26. He did not point fingers at us and accuse. He mentioned the positive as well as the negative. He is clearly a friend who cares, as most of the OSCE observers undoubtedly were. As a previous election observer in the OSCE region, I can also attest, that the code of conduct makes it is extremely unlikely that the OSCE election observation could be steered in support of any particular agenda other than better democracy. I therefore want to commend to my colleagues the full OSCE Final report "United States of America General Elections, 3 November 2020, ODIHR Limited Election Observation Mission," which can be found at https://www.osce.org/files/f/documents/7/7/477823_2.pdf. It offers an important perspective on our elections from persons who rightly care about the process, not the result. They have observed not only our elections since 2002 but elections in dozens of other countries on a regular basis. The issues raised in the report are the same issues we Americans debate here in Washington, in our state capitals and through the media. I take the conclusions and recommendations, including criticisms, in this election observation report seriously. It serves as a helpful guide on what next steps we should take to improve our electoral system. I believe our election officials and state legislators should read this report; indeed, I recommend it to any American who cares about his or her country. It is a broad snapshot of our entire, complex electoral system. Several of the priority recommendations in the report deal with voting rights and voter identification. Specifically, it says that "authorities should review existing measures to further reduce the number of unregistered voters, including addressing burdensome procedures and obstacles faced by disadvantaged groups.'' It also says that "states should make every effort to ensure that voter identification requirements are equally accessible to all voters.'' It also makes specific recommendations regarding specific groups of American citizens. We do not need to agree about every conclusion and recommendation in this report to take it seriously. It is a contribution to our debates from a unique perspective. Moreover, our acceptance of international observation serves a useful function in our foreign policy. OSCE election observation has encouraged practices giving voters a real choice in numerous other countries, many of which were once repressive, one-party communist states but are now our friends and even, in some cases, allies. The United States initiated this effort with the OSCE and contributes significantly to election observation missions elsewhere, providing the expertise that comes with our experience. If we are to encourage other governments to take this effort seriously and implement recommendations, we need to set the example ourselves. Unfortunately, several U.S. states greatly restrict or even prohibit international observation. This is something which must change as we prepare for mid-term elections in 2022 and general elections in 2024.
OSCE SHDM on Media Freedom and Gender Equality Features Expert Testimonies and First-Hand AccountsFriday, March 12, 2021
By Emma Derr & Michelle Ikelau Ngirbabul, Max Kampelman Fellows The OSCE’s first Supplementary Human Dimension Meeting of 2021, held virtually on March 8-9, focused on “Media Freedom and Gender Equality.” During the two-day meeting, OSCE participating States, OSCE institutions, international organizations, and members of civil society exchanged views and best practices on implementing commitments to media freedom and gender equality. OSCE Perspective In her opening remarks, OSCE Representative of Freedom of the Media Teresa Ribeiro told participants, “Freedom cannot be a privilege of some, while excluding others. Freedom can only be inclusive. Democracy, security, and sustainable progress all build on human rights – universal human rights.” Freedom of the media, freedom of expression, and gender equality are inextricably linked, and participants asserted that an inclusive, democratic, and accountable society cannot be achieved if women do not have equal opportunities, access, and safety. Journalists are frequent targets of violence and harassment, and women journalists bear the brunt of such attacks, which have increased in the last decade with the increased use of social media and other digital platforms. Online harassment and violence against women journalists were issues raised frequently during the two-day event as security concerns for the OSCE. In 2018, OSCE participating States committed to including a gendered perspective when considering the safety of journalists. The OSCE Representative on Freedom of the Media released a Safety of Female Journalists Online resource guide that outlines proposed actions for ten key stakeholder groups to address gender-based online attacks of journalists. “In Milan 2018, we all reiterated that independent media is essential to a free and open society, and that accountable systems of government are of particular importance in safeguarding human rights and fundamental freedoms,” said OSCE Chairperson-in-Office Ann Linde. “This was also the first time when we explicitly expressed our concern about the distinct risks faced by women journalists in relation to their work. Our commitments are strong, and it is our duty to implement what we have jointly agreed on.” The Statistics During the first session, Committee to Protect Journalists Advocacy Director Courtney Radsch reported that more than 1,200 journalists have been killed since 1995—80 percent of them women and minorities. A 2020 global survey by UNESCO found that 73 percent of women journalists reported experiencing online violence during their work, and 25 percent and 18 percent reported receiving threats of physical or sexual violence, respectively. Guy Berger, the Director for Freedom of Expression and Media Development of UNESCO, discussed this research and various case studies, which revealed that these attacks are a combination of abuse aimed at damaging journalists’ professional credibility. To demonstrate the rate at which the abuse can occur, Berger talked about the case of Maria Resa, a woman journalist in the Philippines, who at one point was receiving up to 90 harassing messages an hour on Facebook. According to Berger, the analysis of data collection and research shows that some of these attacks are highly orchestrated through coordinated behaviors, which larger internet and tech companies have the ability to stop. He commended the OSCE for its “SOFJO” (Safety of Female Journalists Online) report and encouraged representatives at the meeting “to make sure the report has legs and wings, because it is only as valuable as its distribution and discussion.” A Firsthand Account Jessikka Aro’s first-hand testimony was a centerpiece of the meeting, as it provided insight into the statistics. Aro, a journalist for Finland's public service broadcaster Yle, specializes in Russian information warfare and extremism, as well as documenting how online trolls influence opinions. After she investigated a troll factory in St. Petersburg, trolls began to aggressively target her online accounts. Her phone number and email address were published online, and she started to receive threatening messages—for example, voicemails of gunshots. Pro-Russia trolls called her a foreign agent and accused her of helping the United States and NATO. Much of the news about her originated on Russian fake news sites, but it also spread to Finnish news, with some articles receiving over 3 million views. Aro eventually was forced to flee Finland because a threat assessment by police determined that she likely would be physically assaulted based on online discussions about her. She said she has felt supported by Finnish government officials and the police; however, tech companies failed to respond to her complaints on their platforms. In her concluding remarks, Aro called for an end to impunity for these crimes and an increase in access to justice for journalists. She applauded conferences, such as the SHDM, that share awareness, encourage enforcement, and include voices of attacked journalists to increase understanding of what is at stake when the press goes unprotected.
Ten-Member Congressional Delegation Demonstrates Ongoing U.S. Engagement With the OSCEFriday, March 05, 2021
By Bob Hand, Senior Policy Advisor Approximately 270 parliamentarians from across the OSCE region gathered virtually from February 24 – 26 for the OSCE Parliamentary Assembly’s Winter Meeting, the first statutory meeting of the Assembly held since the COVID-19 pandemic limited inter-parliamentary diplomacy to online gatherings. The ongoing impact of COVID-19 on security, the economy, the environment and the human rights and democratic development of the 57 OSCE States remained the focus of the annual gathering. Supported by the U.S. Helsinki Commission, the U.S. Delegation remained actively engaged, fielding a bicameral, bipartisan delegation of 10 Members of Congress who participated remotely in the debates. Sen. Ben Cardin (MD) served as Head of the U.S. Delegation. The OSCE Parliamentary Assembly (PA) is an independent institution of the Organization for Security and Cooperation in Europe (OSCE) created in 1991 for parliamentarians to complement the inter-governmental work of the 57 participating States. Unlike other OSCE bodies, countries are represented based on population rather than each having a single seat at the table (the United States has the largest representation with 17 seats), and decision-making is based on a majority vote rather than consensus. The Annual Session each summer is the principal gathering, with a Winter Meeting in February and an Autumn Meeting in October to initiate and conclude the year’s work. Despite a busy congressional schedule, the members of the U.S. Delegation successfully raised critical country, issue, and institutional concerns, including the attempted poisoning and incarceration of Alexei Navalny, Russian aggression in Ukraine, the brutal crackdown in Belarus and corruption and authoritarian tendencies elsewhere in the OSCE region. Active U.S. engagement demonstrates the depth of U.S. commitment to European security, and reflects the importance of the OSCE PA as a vehicle for advancing U.S. interests and building support on issues like human trafficking, attacks on the media, manifestations of anti-Semitism, racism and intolerance, as well as country-specific concerns. Such a large delegation of Members of Congress reflected the diversity of opinion in the United States, setting an example of openness and honesty for others to follow, deflecting accusations of double standards on U.S. performance, and strengthening the message on human rights concerns in other countries where the Members of Congress can and do express a united view. Improvising Engagement Amid Pandemic Since 2002, Winter Meetings have been held in Vienna, Austria to facilitate direct interaction among parliamentarians, OSCE officials, and diplomatic representatives of the OSCE participating States. The Winter Meeting also allows the Assembly’s general committees to discuss work for the coming year. The outbreak of the COVID pandemic in early 2020 forced the cancellation of the Annual Session scheduled for July in Vancouver and the Autumn Meeting scheduled for October in San Marino. Without rules dealing with such situations, the OSCE PA Secretariat maintained inter-parliamentary engagement by organizing a dozen or more inter-parliamentary web dialogues from April into November to substitute for the traditional gatherings. While no replacement for traditional meetings, these unofficial events provided needed continuity and contact among delegates. First the first time in the history of the OSCE PA, no annual declaration was adopted, but the then-Assembly President George Tsereteli provided summaries of the web debates on relevant issues, a record of dialogue even in the midst of pandemic. The OSCE PA resumed election observation where possible and responded to political impasse within the OSCE itself by issuing a “Call for Action” urging a reaffirmation of the organization’s once common purpose. For 2021, the OSCE PA has been seeking to resume its regular meeting schedule, although conditions still required the Winter Meeting to be held remotely. Five sessions were scheduled during hours that best accommodated participants across some 16 time zones, from Vancouver to Ulaanbaatar. At the meeting of the Heads of Delegation, known as the Standing Committee, it was announced that the 2021 Annual Session would be unable to be held in person as planned in Bucharest, Romania, in early July. As a result, the Standing Committee amended the Assembly’s rules of procedure to allow statutory meetings to go forward online, including permitting elections for OSCE PA officers and other decisions to be handled remotely. Maintaining Focus on Substantive Issues and Concerns Beyond scheduling and procedures, the Standing Committee also looked at substance. Following reports from current OSCE PA President Peter Lord Bowness (United Kingdom), Secretary General Roberto Montella (Italy), and OSCE PA Special Representatives appointed to address particular concerns, there were heated exchanges between Azerbaijan and Armenia regarding Nagorno-Karabakh, as well as on Russian aggression against Ukraine and the brutal crackdown on protesting opposition in Belarus—issues that would be raised repeatedly throughout the meeting. Sen. Cardin, attending not only as Head of Delegation but also as Special Representative on Anti-Semitism, Racism and Intolerance, delivered a report on his activities, as did Rep. Chris Smith (NJ-04), who serves as the Special Representative on Human Trafficking Issues. “The coronavirus pandemic has created an unprecedented health crisis in the OSCE region, exacerbated by pre-existing inequities and disproportionately impacting people of color. Heightened anti-Asian discrimination, anti-Semitic conspiracy theories, and violent attacks targeting diverse populations have followed… My report details a response to these developments, as well as the global racial justice movement spurred by the tragic death of George Floyd.” Sen. Ben Cardin (MD), Head of U.S. Delegation, U.S. Helsinki Commission Rep. Smith noted, “Traffickers did not shut down during the pandemic—they simply adapted their methods. Meanwhile, vulnerable people were made even more vulnerable by both the virus and its deleterious impact on the global economy… As we worked to address these challenges, it was crucial to have information and recommendations based on real, concrete data.” The Joint Session of the General Committees effectively served as the opening plenary. President Bowness opened the session with a defense of principled-based dialogue, and guest speakers included Ann Linde, Sweden’s foreign minister and this year’s OSCE Chair-in-Office, as well as Helga Schmid (Germany), the OSCE’s new Secretary General. The chairperson outlined plans for 2021, asserting that the she will “prioritize the comprehensive concept of security across all three dimensions,” namely the Security, Economic and Human Dimension, which she argued “contributes to making the OSCE truly unique.” The Secretary General expressed her hopes to provide needed support for the organization and its mission, and she credited the OSCE PA for bringing emerging security issues into the OSCE debate. Sen. Cardin thanked the Assembly and its parliamentarians for their expressions of concern and support for the United States in light of efforts to delegitimize the November 2020 presidential elections and the related violent mob attack on the U.S. Capitol in January 2021. He also expressed support for the comments of Lord Bowness and the priorities announced by the Swedish Chair-in-Office, including to have the Human Dimension Implementation Meeting in 2021. “We must challenge those who are seeking to weaken the OSCE or aren’t living up to their commitments. That’s our priority as parliamentarians … and we must as parliamentarians support the mission of the OSCE and help strengthen it through our actions and our capitals,” he said. Finally, speaking on behalf of Rep. Alcee Hastings (FL-20), who was unable to attend, Sen. Cardin asked the Swedish chair about how the OSCE can engage Armenia and Azerbaijan in order to address outstanding issues and encourage a return to the Minsk Group settlement process to achieve a sustainable resolution of the conflict. Taking a Closer Look at the Security, Economic and Human Dimensions of OSCE Following the Joint Session, each of the three General Committees heard from OSCE officials in their respective fields, or dimensions, of OSCE work. Presenters included the ambassadors serving as chairs of the counterpart committees of the OSCE’s Permanent Council and the head of the OSCE’s Special Monitoring Mission in Ukraine. The three committees also heard from their respective rapporteurs on plans for drafting substantive reports that will be the basis of further activity at the Annual Session. Rep. Richard Hudson (NC-08), who chairs the General (First) Committee on Political Affairs and Security, noted the myriad of security and political issues confronting the OSCE during the past year, including the war in Ukraine, conflict in Nagorno-Karabakh, and political turmoil in countries of concern like Russia, Belarus, and most recently Georgia. “Our engagement with critical issues in the OSCE space has been consistent and impactful,” he concluded. Speaking during the session, Acting U.S. Assistant Secretary of State Phil Reeker called the erosion of the European security environment the “biggest challenge we face today in the organization” and highlighted U.S. plans for the Forum for Security Cooperation (FSC) during its four-month chairmanship. The Acting Permanent Representative of the United States to the OSCE and FSC chair, senior diplomat Courtney Austrian, was present for the discussion. Sen. Roger Wicker (MS) took the floor during subsequent debate to condemn Russian violations of Helsinki Principles in its aggression in Ukraine. He said that “Moscow must withdraw proxies in eastern Ukraine” and “respect Ukraine’s territorial integrity,” asserting that relevant sanctions will remain in place until that happens. Rep. Steve Cohen (TN-09) also responded to an intervention on youth and drugs by a delegate from Belarus, arguing that citizens need to be given greater freedom if young people are to feel a commitment to the country. Three other Members of Congress participated in the session of the General (Second) Committee on Economic Affairs, Science, Technology and the Environment, which covered issues ranging from corruption to climate change. Rep. Brian Fitzpatrick (PA-01) focused on addressing corruption. “It should come as no surprise to anyone … that legislatures have one of the most important roles to play in combating corruption—that of establishing a transparent and accountable legal and financial framework that empowers law enforcement officials and is maximally resistant to fraud,” he said. Sen. Sheldon Whitehouse (RI) said that the United States “is back” in efforts to combat climate change and noted recent U.S. legislation designed to address shell companies that support a global dark economy by sheltering “assets of thieves.” Rep. Gwen Moore (WI-04) spoke about the devastating impact of the pandemic on women in the healthcare industry as well as on small business, and she expressed concern about risks to supply chains and business ties to both China and Russia. Three Members of Congress also participated in of the General (Third) Committee on Democracy, Human Rights and Humanitarian Questions. Rep. Cohen asserted that human rights has reclaimed its place in U.S. foreign policy, and emphasized human rights in concerns in Russia, Belarus, and Hungary. He expressed particular concern about the poisoning and recent arrest of Russian opposition figure Alexei Navalny and called for Belarus to release political prisoners and to hold elections with OSCE observers. Rep. Marc Veasey (TX-33) took the floor in a later debate, responding to a report on the OSCE’s observation of the U.S. general elections in November 2020. He stressed the need for U.S. states that currently prohibit or restrict international observation to consider a more open approach and concluded that “our election officials and state legislators should read this report,” along with “any American who cares about his or her country. It is a broad snapshot of our entire electoral complex system that we have here.” Rep. Robert Aderholt (AL-04) raised concerns about discriminatory restrictions on religious assembly during the pandemic, as well as on the diminishing free media environment in many participating States. “Press freedom in the OSCE region has continued to decline as some governments are using economic, legal, and extra-legal tools to silence independent media and also to bolster loyal outlets and dozens of journalists are imprisoned in the OSCE region,” he said. “We’ve seen that in Russia, we’ve seen that in Belarus, we’ve seen that in Turkey, detaining scores of journalists in recent national protests.” There was one side event held in conjunction with the Winter Meeting, organized by the Norwegian Helsinki Committee in cooperation with the Lithuanian Mission to OSCE. Seven panelists in two sessions highlighted how international instruments—such as the Moscow Mechanism, Magnitsky-like legislation, the International Criminal Court, the European Court of Human Rights, and the promotion of a universal criminal jurisdiction—could increase accountability of state actors, support Belarus’ democracy movement, and deny financial safe havens to Russian kleptocrats. Belarusian opposition leader Sviatlana Tsikhanouskaya and Boris Nemtsov Foundation for Freedom chairman Vladimir Kara-Murza were among the event panelists. Assessing the Effort The virtual three-day, five-session Winter Meeting could not replace an in-person gathering in Vienna, a point frequently made by the parliamentarians themselves. However, it did allow for a resumption of constructive debate in the general committees and interaction among parliamentarians and other OSCE institutions, paving the way for a return to more traditional work as the year progresses. The need to cancel the Annual Session planned for July in Bucharest was a major disappointment, but the adoption of rules governing such emergency situations now permit some continuity of effort.
Helsinki Commission Leaders Welcome Sanctions on Russian Officials Implicated in Crimes against NavalnyWednesday, March 03, 2021
WASHINGTON—Following Tuesday’s announcement that the United States will impose sanctions on seven senior Russian figures implicated in Alexei Navalny’s poisoning and imprisonment, Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20), Sen. Roger Wicker (MS), Rep. Joe Wilson (SC-02) and Sen. Ben Cardin (MD) issued the following statements: “Our actions signal that we continue to stand with the Russian people,” said Rep. Hastings. “The United States will always defend those like Mr. Navalny who battle against the oppression of their fellow citizens, fight for basic freedoms, and offer a path to democracy.” “The Kremlin’s attacks on Mr. Navalny are meant to serve as a warning to any Russian who dares to defy Putin,” said Sen. Wicker. “The United States will not tolerate such threats against the human rights and fundamental freedoms of the Russian people without imposing serious consequences to deter Putin and his criminal regime.” “The Kremlin will insist that sanctions are anti-Russian. On the contrary, there is nothing more anti-Russian than authorities who cheat, harm, and steal from their fellow citizens,” said Rep. Wilson. “These sanctions provide a concrete check on the bad acts of Putin’s flunkies.” “Only in a free Russia can justice truly be served. Sanctioning perpetrators of the crimes against Mr. Navalny is a necessary first step,” said Sen. Cardin. “We must make it clear that the United States and our allies will not tolerate attempts by the Kremlin to silence its critics—whether through assassination, imprisonment, or harassment.” In August 2020, Alexei Navalny was the victim of an assassination attempt by the Russian FSB that used a Russia-developed chemical weapon in the Novichok family. He spent months recovering after being flown to Berlin for treatment. Navalny returned to Moscow on January 17, 2021, and immediately was arrested. On February 2, a Russian judge sentenced Navalny to three and a half years in a prison colony for violating the terms of a suspended sentence related to a 2014 case that the European Court of Human Rights deemed arbitrary and unreasonable. Previous time served under house arrest reduced his prison time to two years and eight months. Navalny is likely to serve the remainder of his sentence at one of Russia’s most notorious penal colonies in the Vladimir region, about three hours east of Moscow.
History has shown that robust engagement in multilateral arenas represents long-term realism: to lead, we must be involved; to protect our national interests and the principles we hold dear, we must remain engaged; and to inspire those who suffer every day under authoritarian regimes, we must hold our own country to the highest standards on the world stage.
Unfortunately, efforts to maintain America’s preeminence in the world have come under increasing pressure in recent years. These challenges are not isolated and are waged on many fronts – economically, militarily, and diplomatically. Some may use these challenges as an excuse to retreat, claiming that engagement in international organizations like the Organization for Security and Cooperation in Europe (OSCE) adds no value. We believe that quite the opposite is true. If we want to continue to lead, protect, and inspire, we need the OSCE’s opportunities for multilateral engagement more than ever.
Amid the alphabet soup of institutional acronyms, many Americans probably have not heard of the OSCE, let alone know that it is the largest regional security organization in the world. Comprising 57 countries, it links Vancouver in the West to Vladivostok in the East, spanning North America, Europe, and Central Asia. We are members of the organization’s Parliamentary Assembly, where we have represented our country and our principles in a forum of international lawmakers for a combined 34 years. We have engaged the OSCE, as a whole, even longer. We know firsthand the value of U.S. leadership and sustained high-level engagement in the organization – and conversely, we know the enormous risks that would come with retreat.
A Broader Definition of Security
The essential, enduring value of the OSCE can be traced back to its founding and the ideological transformation that it quietly unleashed. In the 1950s, the Soviet Union first conceived the idea of the Helsinki Final Act. The founding charter of the Conference on Security and Cooperation in Europe, or CSCE, later institutionalized as today’s OSCE, would eventually be signed in 1975. Moscow saw the document as a way to validate post-World War II border changes and tighten its stranglehold on Eastern Europe. The Kremlin, no doubt, also hoped to create an alternative to NATO and weaken U.S. ties to Europe.
As troops massed along the Iron Curtain after the Soviet-led invasion of Czechoslovakia in 1968, Europe began to see some value in greater East-West engagement. The United States saw the Soviet proposal as a damage-mitigation exercise at best. Secretary of State Henry Kissinger famously decried the Helsinki Final Act, saying, “They can write it in Swahili for all I care… The Conference can never end up with a meaningful document.”
Opposition to the Helsinki Final Act was not limited to Foggy Bottom. The Wall Street Journal published the editorial “Jerry, Don’t Go” just prior to President Ford’s departure to sign the document in Finland, reflecting widespread opposition from U.S. foreign policy hawks and Americans across the country who descended from the “captive nations” of Eastern Europe.
What most observers at the time overlooked, however, was the Helsinki Final Act’s uniquely comprehensive definition of “security.” The Act contains 10 principles guiding inter-state relations, including respect for human rights and fundamental freedoms; respect for sovereign equality; recognition of the territorial integrity of states; and the commitment of states to fulfill in good faith their obligations under international law. The integration of human rights into a concept of security was revolutionary.
The Act also provided that any country signatory could publicly challenge any other country that wasn’t living up to Helsinki principles, either internally or externally. This was remarkable for its time.
These two innovations made the Act a rallying point for human rights advocates everywhere, especially dissident movements in the one-party communist states of the Soviet bloc. Groups like Charter 77 in Czechoslovakia, Solidarity in Poland, and other monitoring groups in the Soviet Union and Baltic States that were crucial to the eventual collapse of communism in Europe relied on Helsinki commitments in their advocacy.
With U.S. leadership, meetings of the CSCE also became venues for frank exchanges, where countries committing human rights abuses were named and victims identified. The strongest weapons in the U.S. arsenal – democratic ideals, market principles, and the primacy of individual rights – rallied European friends and allies, attracted Soviet satellites, and left Moscow isolated, if not fully convinced.
Today's Inflection Point
We were both serving in the House of Representatives shortly after the Soviet Union collapsed in the early 1990s. We were aware that the transitions ahead would be difficult, particularly as horrific ethnic cleansing spread in the Balkans and a brutal war was waged in Chechnya. Although we were on opposite sides of the aisle, we were joined in our conviction that liberal democracy would ultimately prevail throughout Europe and into Central Asia.
Unfortunately, our confidence was dramatically misplaced. Thirty years later, instead of the peace and prosperity we expected in the OSCE region, we are at an inflection point, faced with uncertainty and the increasing erosion of the security framework that followed the Cold War. In recent elections, we’ve watched nationalist parties gain a strong foothold in Europe. NATO ally Turkey – one of the world’s most oppressive regimes toward journalists – is succumbing to authoritarian rule, weakening checks on executive power and targeting more than 100,000 perceived opponents of the ruling party in sweeping purges.
Vladimir Putin continues to violate the sovereignty and territorial integrity of not just Ukraine – where, in areas controlled by Russia, pro-Ukrainian sentiment is met with imprisonment, torture, or death – but also Georgia, where Russia has occupied 20 percent of the country’s territory for more than a decade. The Russian government supports separatists in the Transnistrian region of Moldova, interferes in elections in the United States and Europe, and undermines faith in democratic governments worldwide through cyberattacks and information warfare.
An era of increasing nationalism, Kremlin revisionism, and rising authoritarianism may not, at first, seem to be the best moment to revitalize multilateral diplomacy. But it has been, and will continue to be, in our national interest to promote democracy, the rule of law, and human rights around the world – just as we did more than 40 years ago in the Finnish capital. Those Helsinki commitments, and their institutionalization over time, empower us to stand up for our values and for comprehensive security at a time in which we absolutely must.
In April 2017, we – along with every other senator currently serving on the Helsinki Commission – introduced a resolution urging President Trump to recognize the importance of the Helsinki Final Act and the OSCE as well as their relevance to American national security. We hope the administration will endorse this effort.
A Record of Results
The value of the OSCE and the effectiveness of American involvement are evident in the organization’s more recent evolution and achievements. This is no Cold War relic. We have seen examples of multilateral success in many initiatives, beginning with its quick embrace of newly independent states, from the Balkans to Eastern Europe and Central Asia.
As multiethnic states broke apart, the OSCE created a high commissioner on national minorities in 1992 to address ethnic tensions and proactively prevent conflict between or within states over national minority issues. Participating states developed mechanisms to respond to the most recalcitrant actors, such as the unprecedented suspension of Yugoslavia the same year for the “clear, gross, and uncorrected” violations of Helsinki principles by the regime of Slobodan Milosevic against Bosnia and Herzegovina.
Under OSCE auspices, internal political confrontations in Serbia in 1996 and Albania in 1997 were resolved through high-level engagement before they became a broader threat to peace and prosperity in Europe. The United States led the way, generating the political will to act quickly and with resolve.
Robust field missions also were created in the 1990s to respond to conflicts, first in the Balkans and then extending into Eastern Europe, the Caucasus, and Central Asia. In some places, such as Kosovo, the OSCE often was the only acceptable international monitor or facilitator on the ground, serving as the eyes and ears of the international community, bringing opposing sides together, and mitigating spillover effects in neighboring countries.
Today, the OSCE’s civilian Special Monitoring Mission (SMM) to Ukraine is the only independent observer group in the war zone. Established in 2014 to monitor implementation of the Minsk Agreements, its approximately 700 monitors provide clear and unbiased reporting of ceasefire violations and human costs of the conflict. Approximately half of the U.S. contribution to the OSCE goes toward funding the SMM.
The mission faces challenges, including attempts to sabotage its work and concerns about security. The latter was tragically demonstrated by the death of Joseph Stone, a U.S. paramedic killed last year when his vehicle struck a landmine in separatist-controlled territory. Without the SMM’s reporting, however, we would lack critical information to understand and address ongoing Russian aggression against Ukraine. Kremlin propaganda would have a clear field to disguise the true nature and scale of the conflict.
The OSCE also sets the gold standard for election observation across the region. The organization’s trained observers partner with international lawmakers, including ourselves, to analyze election-related laws and systems and the effectiveness of their implementation. The evaluations that these missions produce are critical benchmarks for OSCE countries and support U.S. efforts to promote human rights, democracy, and the rule of law around the world.
Pressure from the organization and its participating states has been a major factor in the release of political prisoners in countries like Azerbaijan. For example, the OSCE Office for Democratic Institutions and Human Rights, the OSCE Representative on Freedom of the Media, and the OSCE Parliamentary Assembly publicly condemned Baku for its targeting of investigative journalist Khadija Ismayilova and the broader use of its judicial system to repress political opponents, journalists, and minorities. The Helsinki Commission also weighed in. In May 2016, Ismayilova was released from prison.
Our actions in this and similar cases demonstrate global leadership. We welcome the recent nomination of a new U.S. permanent representative to the OSCE. This important post has remained vacant for far too long. We urge our Senate colleagues to swiftly consider the nominee, who will be responsible for leading America’s vigorous defense of democracy and human rights in the region.
Let us also not overlook the fact that our work in the OSCE in relation to Russia is not simply to counter Moscow’s anti-democratic ambitions. Follow-up meetings to the original Conference on Security and Cooperation in Europe became one of a shrinking number of places where East-West dialogue could take place during the Cold War. Likewise, after Russia was suspended from the G8 in March 2014, today’s OSCE provides one of the few remaining opportunities to engage with Russia and hold the Kremlin accountable to principles it has endorsed.
Russian Foreign Minister Sergei Lavrov attends OSCE ministerial meetings, where he easily – and with great success – engages with senior officials from around the region. That alone should encourage our secretary of state to be present. Secretary Tillerson attended the 2017 ministerial, and we urge Secretary Pompeo to do the same.
Along with successes, we also have seen areas where multilateralism has fallen short. Areas like Nagorno-Karabakh, Transnistria, Chechnya, Abkhazia, and South Ossetia have consumed OSCE attention and resources, but unfortunately, the organization’s actions have not thawed these frozen conflicts. The OSCE may have kept things from getting worse than they might have been otherwise; this is something to praise, but cannot yet be counted as a win.
These efforts have been hindered in part by the otherwise positive requirement that major decisions in the organization require consensus. This rule is vital to the OSCE’s success. The organization can convene all parties on an even footing and – because no country can claim that it didn’t voluntarily agree to its commitments – the rule gives unique force to the OSCE’s actions. However, decision-making by consensus also allows a single intransigent country to wield its veto as a weapon, even in cases of otherwise overwhelming agreement.
In 2008, Russia successfully blocked the OSCE from establishing a field mission in Georgia as Russian-backed separatists occupied South Ossetia and Abkhazia. Since then, resistance to hosting or authorizing field missions, a core capability of the OSCE, has spread. Belarus kicked out its OSCE mission in 2011. Azerbaijan forced the mission in Baku to close in 2015, and two years later, it insisted on the shuttering of a mission in Armenia. Mongolia, the newest OSCE participating state, has repeatedly requested a mission to foster its continued democratic development and build closer ties with other participating states. Moscow consistently blocks that request.
A related and ongoing problem is the lack of transparency of the OSCE’s decision-making. Opening its official deliberations to the public would help make those countries that thwart progress more broadly accountable for their recalcitrance.
A more recent challenge comes from the government of Turkey. Ankara continues to use the 2016 coup attempt as pretext for not only violently repressing its citizens and detaining others, including Americans, but also for limiting the participation of non-governmental organizations in certain OSCE meetings. The OSCE is the only international organization that allows NGOs to participate equally with governments in meetings on human rights commitments, allowing these groups to raise their concerns directly. If Turkey has its way, human rights groups might be denied a seat at the table. It is easy to imagine which countries quietly hope this effort will succeed. The United States must continue to make it clear that it is not one of them.
Indeed, the moral here is that the United States should not only support the strengths and potential of the OSCE, but we must also be present and potent when progress and principles are challenged within the organization.
Our colleagues in both chambers of Congress have the passion and determination to do just that. In these days of partisan discord, we must remember – and treasure – the fact that Congress is broadly committed to the principles enshrined in the Helsinki Final Act: respect for human rights and fundamental freedoms, democratic principles, and liberty. We see this in the establishment of the Helsinki Commission itself, a unique agency conceived by Congress to strengthen the legitimacy of human rights monitoring, defend those persecuted for acting on their rights and freedoms, and ensure that violations of Helsinki provisions are given full consideration in U.S. foreign policy.
The OSCE’s broad membership and comprehensive definition of security make it an ideal platform to advocate for our interests in a vital region. Its institutions remain singularly placed to moderate regional conflicts, promote respect for human rights, and safeguard essential elements of democracy. We have not only the right, but also the duty, to hold countries responsible if they fail to adhere to the basic principles that we all agreed to in 1975.
We also have the responsibility to hear and consider other participating states when they feel that the United States is not fully meeting our commitments. Leading by example means that we must be held accountable, too.
At this critical juncture, when the rules-based order appears particularly fragile, any weakening or absence of the OSCE could irreversibly damage the chances for democracy and peace in the region. We must not allow that to happen – and the key is our own steadfastness, in words and deeds.
Roger Wicker (@SenatorWicker) is chairman of the U.S. Helsinki Commission and a vice president of the OSCE Parliamentary Assembly. A member of the Republican Party, he has represented Mississippi in the Senate since December 2007. He previously represented Mississippi for 13 years in the House of Representatives.
Ben Cardin (@SenatorCardin) is ranking Senate member of the U.S. Helsinki Commission. He serves as special representative on anti-Semitism, racism, and intolerance for the OSCE Parliamentary Assembly. A member of the Democratic Party, he has represented Maryland in the Senate since January 2007 after 20 years in the House of Representatives.