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Chairman Wicker and Rep. Engel Nominate Natasa Kandic and the Humanitarian Law Center for the 2018 Nobel Peace Prize

Wednesday, January 31, 2018

WASHINGTON—Helsinki Commission  Chairman Sen. Roger Wicker (MS) and Rep. Eliot Engel (NY-16), the Ranking Member of the House Committee on Foreign Affairs, today nominated Nataša Kandić and the Humanitarian Law Center for the 2018 Nobel Peace Prize.

Ms. Kandić founded the Humanitarian Law Center (Fond za humanitarno pravo) in Belgrade in 1992 to document egregious human rights violations committed during the conflicts associated with the breakup of the former Yugoslavia. More than 25 years later, the Humanitarian Law Center continues to fight for justice for victims of war crimes and to battle the extreme nationalism and strained ethnic tensions that linger in the Western Balkans.

The nomination by Chairman Wicker and Rep. Engel reads in part:

“The thorough documentation of these crimes by the Center became essential for the provision of justice, both at the International Criminal Tribunal for the former Yugoslavia, which concluded its work at the end of 2017, and in the national war crimes chambers in the countries of the region. Principal perpetrators, including political and military leaders, were held internationally accountable for the first time since the Second World War. Surviving victims, and the traumatized communities in which they lived, were given a chance to find closure and to rebuild. The countries of the region have been encouraged to adhere to the rule of law and to accept the legacy of a horrific past…

“As members of the U.S. Congress, we helped shape the international response to the conflicts which erupted in the Western Balkans and we continue to support and encourage post-conflict recovery in the countries of the region. We can think of no person or organization more deserving of the Nobel Peace Prize than Nataša Kandić and the Humanitarian Law Center and are confident that such recognition would further the cause of peace and reconciliation in this and other troubled regions of our world.”

The full text of the nomination letter to the Norwegian Nobel Committee can be found below:

The Norwegian Nobel Committee
Henrik Ibsens gate 51
0255 Oslo, NORWAY

Dear Nobel Committee Members:

We write to nominate Nataša Kandić and the Humanitarian Law Center for the Nobel Peace Prize of 2018. Ms. Kandic and the Center are based in Belgrade, Serbia.

In 1992, Nataša Kandić founded the Humanitarian Law Center (Fond za humanitarno pravo) to document egregious human rights violations committed during the conflicts associated with the former Yugoslavia’s demise. Of particular importance were the conflicts in Croatia (1991 and 1995), in Bosnia and Herzegovina (1992 to 1995), and in Kosovo (1998 and 1999). These human rights violations came to be viewed as war crimes, crimes against humanity, and even genocide. The gruesome ethnic cleansing campaigns of which they were a part led directly to deaths of more than 100,000 people, the rape and torture of tens of thousands more, and the displacement of millions.

The thorough documentation of these crimes by the Center became essential for the provision of justice, both at the International Criminal Tribunal for the former Yugoslavia, which concluded its work at the end of 2017, and in the national war crimes chambers in the countries of the region. Principal perpetrators, including political and military leaders, were held internationally accountable for the first time since the Second World War. Surviving victims, and the traumatized communities in which they lived, were given a chance to find closure and to rebuild. The countries of the region have been encouraged to adhere to the rule of law and to accept the legacy of a horrific past.

The Center continued its work throughout the conflicts and in a hostile environment for human rights advocacy. Far too many in Serbia have sought to deny abhorrent crimes or to justify them by demonizing the victims; many more remained silent as ethnic cleansing proceeded unchecked. In contrast, under Kandić’s leadership the Center spoke publicly against acts of aggression, reported on atrocities committed, and rejected the hatred upon which they were based. Although impossible to measure, we can safely assume that the Center’s efforts deterred additional human rights violations.

Today, Nataša Kandić remains an inspiration to a new generation of dedicated young professionals who now lead the Humanitarian Law Center as it exposes those who have evaded justice and takes on the extreme nationalism and strained ethnic tensions that linger in the Western Balkans.

As members of the U.S. Congress, we helped shape the international response to the conflicts which erupted in the Western Balkans and we continue to support and encourage post-conflict recovery in the countries of the region. We can think of no person or organization more deserving of the Nobel Peace Prize than Nataša Kandić and the Humanitarian Law Center and are confident that such recognition would further the cause of peace and reconciliation in this and other troubled regions of our world.

Thank you for considering this nomination.

Sincerely,

Roger F. Wicker                                                                                     
U.S. Senator                                                                                          
Chairman, Commission on Security and Cooperation in Europe                                                           

Eliot L. Engel
U.S. Representative
Ranking Member, Committee on Foreign Affairs

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
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This is merely a snapshot of the daily challenges and real danger that journalists, editors, and media professionals face in many OSCE participating States. Despite politically charged global rhetoric about the role and purpose of the media, freedom of speech remains a cornerstone of any functioning democracy, and a reliable, trustworthy, and professional media free to do its job without harassment or threat is essential.

  • Condolence Letter from OSCE PA President to Helsinki Commission Leaders Following Death of Sen. John McCain

    This week, OSCE Parliamentary Assembly President George Tsereteli offered his condolences to Helsinki Commission Chairman Sen. Roger Wicker (MS) and Co-Chairman Rep. Chris Smith (NJ-04) following the death of Sen. John McCain. The letter reads in part: “His departure will leave a large void in the hallways of the U.S. Capitol and in many capital cities, where so many of us appreciated his frequent visits and his staunch dedication to transatlantic co-operation … “More than anyone, he believed that a strong relationship between the U.S. and Europe is necessary to promote peace and stability across the OSCE area and throughout the world. This week, the OSCE lost a friend whose unwavering commitment to democratic principles made of him a critical voice in our transatlantic community. "Many of us remember fondly his participation in our 2012 Annual Session in Monaco, where he underlined U.S. efforts to sanction human rights offenders and when his words aligned our Assembly with a universal aspiration ‘for justice, for equal dignity under the law, and for the indominable spirit of human freedom.’” Sen. McCain was a longtime supporter of human rights and active in the OSCE region. In 2011, along with then-Helsinki Commission Co-Chairman Sen. Ben Cardin (MD), Sen. McCain was an original co-sponsor of the Sergei Magnitsky Rule of Law and Accountability Act imposing sanctions on those responsible for the death of Russian lawyer Sergei Magnitsky and individuals who commit gross violations of human rights against rights defenders in Russia. The two also co-authored the Global Magnitsky Human Rights and Accountability Act, which gives the United States the power to deny travel and banking privileges in the United States to those who commit gross violations of human rights or acts of significant corruption. At the 2012 OSCE PA annual session, Sen. McCain spoke passionately in support of a resolution on the rule of law in Russia, which highlighted Magnitsky’s case.   “I believe that supporting the rule of law is pro-Russia. I believe that defending the innocent and punishing the guilty is pro-Russia. And ultimately, I believe the virtues that Sergei Magnitsky embodied—integrity, fair-dealing, fidelity to truth and justice, and the deepest love of country, which does not turn a blind eye to the failings of one's government, but seeks to remedy them by insisting on the highest standards—this too is pro-Russia, and I would submit that it represents the future that most Russians want for themselves and their country,” he said. “The example that Sergei set during his brief life is now inspiring more and more Russian citizens. They are standing up and speaking up in favor of freedom, democracy, and the rule of law. They, like us, do not want Russia to be weak and unstable. They want it to be a successful and just and lawful country, as we do. Most of these Russian human rights and rule of law advocates support our efforts to continue Sergei's struggle for what's right, just as they are now doing … let us align this Assembly with the highest aspirations of the Russian people—Sergei's aspirations—for justice, for equal dignity under the law, and for the indomitable spirit of human freedom.”

  • Helsinki Commission Leaders Welcome Mark Toner to Helsinki Commission

    WASHINGTON—Helsinki Commission Chairman Sen. Roger Wicker (MS) and Ranking Commissioner Sen. Ben Cardin (MD) today welcomed Mark Toner as the commission’s new senior State Department advisor. Since the Helsinki Commission was founded in 1976, career foreign service officers have been assigned to the agency to help foster contact between Congress and the State Department, and to provide political and diplomatic counsel in areas related to the monitoring and implementation of the Helsinki Final Act. “For more than 40 years, the working relationship between Congress and the executive branch has been strengthened by the presence of a senior diplomat serving at the Helsinki Commission,” said Chairman Wicker. “Mark, who brings both a high-level strategic perspective along with on-the-ground experience in the region, is uniquely qualified to continue this tradition. I am pleased to welcome him on behalf of the entire bipartisan, bicameral commission.” “Mark will be an enormous asset to the Helsinki Commission, and I look forward to working with him to promote human rights and fundamental freedoms in Europe and Central Asia,” said Ranking Commissioner Cardin. “He will elevate the commission’s work to support press freedom and battle the malicious Russian disinformation efforts that have targeted not only the United States, but also many other OSCE countries.” At the Helsinki Commission, Toner will work with leadership and staff to advance U.S. national interests by promoting human rights, military security, and economic cooperation across the 57 participating States of the OSCE. “I'm honored and energized to join such a dynamic and respected team as it takes on the many challenges to democracy and human rights faced by the participating States of the OSCE,” said Toner. “I have defended freedom of speech and the right to express peaceful political dissent from the podium of the U.S. State Department and I have seen firsthand the corrosive effect of disinformation on vulnerable populations in eastern Europe in the aftermath of Russia's illegal annexation of Crimea. The Helsinki Commission's role has never been more critical or needed—whether it's standing up for human rights, defending democratic norms, or confronting efforts to spread disinformation and attack vulnerable media. I look forward to working with the commission's leadership and staff to shine a light on corruption, disinformation, and all other malign influences in the Euro-Atlantic region.” Prior to joining the Helsinki Commission, Toner, who holds the rank of Minister-Counselor, served as a Senior Faculty Advisor at the Eisenhower School for National Security and Resource Strategy, a part of the National Defense University. He was previously the Acting Spokesperson for the Department of State, and served twice—under two different Secretaries of State—as the Department’s Deputy Spokesperson.  Mark also was a Deputy Assistant Secretary in the Bureau of European Affairs, where he coordinated public diplomacy programs for Department's largest regional bureau, and in the Bureau of Public Affairs, where he oversaw all the Department's front-line media engagement operations. He has served overseas at the U.S. Mission to NATO in Brussels, Belgium; the U.S. Consulate General in Krakow, Poland; and the U.S. Embassy in Dakar, Senegal.

  • Maine native honored that Russia wants to interrogate him

    A Maine native is on the list of U.S. officials that Russian President Vladimir Putin says he’d like his prosecutors to interrogate. Old Town native and former U.S. House committee staffer Kyle Parker helped draft sanctions against Russians suspected of human rights violations. Parker tweeted Tuesday he was “honored” to make Putin’s list. Congress passed 2012 sanctions following Russian lawyer Sergei Magnitsky’s death in prison after exposing a tax fraud scheme involving Russian officials. The White House Thursday said Trump “disagrees” with Putin’s offer to allow U.S. questioning of 12 Russians who have been indicted for election interference. Putin in exchange wanted Russian interviews with the former U.S. ambassador to Russia and other Americans the Kremlin accuses of unspecified crimes. Trump initially had described the idea as an “incredible offer.”

  • What’s really behind Putin’s obsession with the Magnitsky Act

    Standing by President Trump’s side in Helsinki for their first bilateral summit, Russian President Vladimir Putin made what Trump described as an “incredible” offer: He would help U.S. investigators gain access to Russian intelligence officers indicted for the 2016 election hacking, on one small condition. “We would expect that the Americans would reciprocate and they would question [U.S.] officials … who have something to do with illegal actions on the territory of Russia,” Putin said, producing the name to indicate what actions he had in mind: “Mr. Browder.” Bill Browder, an American-born financier, came to Russia in the 1990s. The grandson of a former general secretary of the Communist Party USA, Browder by his own admission wanted to become “the biggest capitalist in Russia.” He succeeded and was for a decade the country’s largest portfolio foreign investor. Whatever the sins of Russia’s freewheeling capitalism, Browder’s real crime in the eyes of the Kremlin came later, after he had been expelled from Russia in 2005. In 2008, his Moscow lawyer, Sergei Magnitsky, uncovered a tax scam involving government officials that defrauded Russian taxpayers of $230 million. He did what any law-abiding citizen would, reporting the crime to the relevant authorities. In return, he was arrested and held in detention without trial for almost a year. He was beaten and died on Nov. 16, 2009, at Moscow’s Matrosskaya Tishina prison under mysterious circumstances. Officials involved in his case received awards and promotions. In a chilling act worthy of Kafka, the only trial held in the Magnitsky case was a posthumous sentencing of himself — the only trial against a dead man in the history of Russia. It was then that Browder turned from investment to full-time advocacy, traveling the world to persuade one Western parliament after another to pass a measure that was as groundbreaking as it would appear obvious: a law, commemoratively named the Magnitsky Act, that bars individuals (from Russia and elsewhere) who are complicit in human rights abuses and corruption from traveling to the West, owning assets in the West and using the financial system of the West. Boris Nemtsov, then Russia’s opposition leader (who played a key role in convincing Congress to pass the law in 2012), called the Magnitsky Act “the most pro-Russian law in the history of any foreign Parliament.” It was the smartest approach to sanctions. It avoided the mistake of targeting Russian citizens at large for the actions of a small corrupt clique in the Kremlin and placed responsibility directly where it is due. It was also the most effective approach. The people who are in charge of Russia today like to pose as patriots, but in reality, they care little about the country. They view it merely as a looting ground, where they can amass personal fortunes at the expense of Russian taxpayers and then transfer those fortunes to the West. In one of his anti-corruption reports, Nemtsov detailed the unexplained riches attained by Putin’s personal friends such as Gennady Timchenko, Yuri Kovalchuk and the Rotenberg brothers, noting that they are likely “no more that the nominal owners … and the real ultimate beneficiary is Putin himself.” Similar suspicions were voiced after the publication of the 2016 Panama Papers, which showed a $2 billion offshore trail leading to another close Putin friend, cellist Sergei Roldugin. Some of the funds in his accounts were linked with money from the tax fraud scheme uncovered by Magnitsky. Volumes of research, hours of expert testimony and countless policy recommendations have been dedicated to finding effective Western approaches to Putin’s regime. The clearest and the most convincing answer was provided, time and again, by the Putin regime itself. It was the Magnitsky Act that Putin tasked his foreign ministry with trying to stop; it was the Magnitsky Act that was openly tied to the ban on child adoptions; it was the Magnitsky Act that was the subject of the 2016 Trump Tower meeting attended by a Kremlin-linked lawyer; it is advocating for the Magnitsky Act that may soon land any Russian citizen in prison. It was the Magnitsky Act that Putin named as the biggest threat to his regime as he stood by Trump’s side in Helsinki. After the Trump-Putin meeting, the Russian Prosecutor-General’s Office released the names of U.S. citizens it wants to question as supposed associates of Browder. The list leaves no doubt as to the nature of the “crime.” It includes Michael McFaul, senior director for Russia policy at the Obama White House and later U.S. Ambassador in Moscow who oversaw the “compiling of memos to the State Department … on the investigation in the Magnitsky case.” It includes David Kramer, former assistant secretary of state in the George W. Bush administration, who, as president of Freedom House between 2010 and 2014, was one of the most effective advocates for the Magnitsky Act. Perhaps most tellingly, it includes Kyle Parker, now chief of staff at the Commission on Security and Cooperation in Europe, who, as the lead Russia staffer at the commission, wrote the bill that subsequently became the Magnitsky Act. Vladimir Putin has left no doubt: The biggest threat to his regime is the Magnitsky Act, which stops its beneficiaries from doing what has long become their raison d’être — stealing in Russia and spending in the West. It is time for more Western nations to adopt this law — and for the six countries that already have it to implement it with vigor and resolve.

  • The Russian Occupation of South Ossetia and Abkhazia

    August 2018 marks 10 years of Russian occupation of approximately 20 percent of Georgia’s internationally recognized sovereign territory. The Russian occupation, and the ensuing recognition by Moscow of the “independence” of South Ossetia (referred to in Georgia as the Tskhinvali region) and Abkhazia, represent material breaches of international law and an active disregard for the Charter of the United Nations, and the founding principles of the Organization for Security and Cooperation in Europe (OSCE) embodied in the Helsinki Final Act and subsequent OSCE commitments. This report offers a brief overview of the history of the outbreak of war in August 2008; the evolution of the unresolved conflict since that time; and an overview of the U.S. Helsinki Commission’s efforts to advance a resolution and restore Georgia’s territorial integrity. Download the full report to learn more. Contributors: Everett Price, Senior Policy Advisor and Alex Tiersky, Senior Policy Advisor

  • The OSCE and Roma

    Roma are the largest ethnic minority in Europe and are present in most of the participating States of the Organization for Security and Cooperation in Europe.  Concentrated in post-communist Central and Southern Europe, the Romani population is estimated at over 12 million in EU countries, with significant numbers in former Soviet republics, the Balkans, and Turkey. Roma have been part of every wave of European immigration to North American since the colonial period.  There may be as many as one million Americans with Romani ancestry. Roma have historically faced persecution in Europe and were the victims of genocide during World War II.  In post-communist countries, Roma suffered disproportionately in the transition from command- to market-economies, in part due to endemic racism and discrimination. Over the past three decades, Helsinki Commissioners have led the effort in Washington to condemn racially motivated violence against Roma, including pogroms, murders, other violent attacks, and police abuse. The Helsinki Commission has also advocated for recognition of the enslavement and genocide of Roma and redress for sterilization without informed consent.  The Commission has addressed race-based expulsion of Roma, the denial of citizenship to Roma after the break-up of federative states, and the consequences of ethnic conflict and war in the Balkans. The Helsinki Commission strongly supported the first international agreement to specially recognize the human rights problems faced by Roma, adopted by OSCE participating States in 1990. Download the full report to learn more. Contributor: Erika Schlager, Counsel for International Law

  • Annual Trafficking in Persons Report: Europe Falling Behind on Trafficking Victim Identification

    WASHINGTON—Last week, the U.S. Department of State released the 18th annual Trafficking in Persons (TIP) Report, which tracks the progress of 189 countries toward meeting minimum standards of prosecution, protection, and prevention in the fight against human trafficking.  This year’s report showed a 45 percent increase in trafficking victim identification worldwide in 2017 to 100,409—an all-time high for both labor and sex trafficking. However, while more labor trafficking victims were identified in Europe than in 2016, overall victim identification in Europe dropped 4 percent. Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04), who also serves as the Special Representative for Human Trafficking Issues to the OSCE Parliamentary Assembly, said, “With the current migrant crisis, it is more important than ever that OSCE participating States in Europe are informed and on the lookout for human trafficking victims, and have care available for them when they are found.  Unaccompanied minors, in particular, are vulnerable to trafficking and re-trafficking all along the migration routes.” Helsinki Commission Chairman Sen. Roger Wicker (MS) welcomed the report and noted that despite the downturn in victim identification in Europe, several OSCE participating States have made substantial progress in fighting human trafficking. “Estonia, Cyprus, Serbia, Bulgaria, Moldova, and Uzbekistan are to be congratulated for their efforts to meet the minimum standards for the elimination of human trafficking,” he said.  Ireland and Armenia, however, moved down from Tier 1 to Tier 2.  Bosnia and Herzegovina, Kyrgyzstan, Tajikistan, and Mongolia moved from Tier 2 to the Tier 2 Watch List.  The TIP Report classifies countries into several tiers based on their progress toward meeting minimum standards to combat human trafficking. Tier 1 countries fully meet the minimum standards. Tier 2 countries do not meet the minimum standards but are making a significant effort to do so. Tier 2 Watch List countries are in a grace period and are in real danger of becoming Tier 3 if they do not take concrete action to improve their efforts. Tier 3 countries do not meet the minimum standards and are not making significant effort to do so. Tier 3 countries may be subject to U.S. sanctions. Since the creation of the annual TIP Report by Co-Chairman Smith’s Trafficking Victims Protection Act of 2000, more than 120 countries have enacted anti-trafficking laws and many countries have taken other steps to significantly raise their tier rankings—citing the TIP Report as a key factor in their new anti-trafficking efforts. 

  • Press Conference Following U.S. Congressional Delegation Meetings in Bosnia

    Thank you Madam Ambassador.  We appreciate it very, very much.  And this is indeed a bicameral and bipartisan delegation of members of the United States Congress and I am pleased to be here in Sarajevo for my fifth visit.  This is a nine-member congressional delegation. It represents – as the Ambassador said – the bicameral U.S. Helsinki Commission, of which I’m privileged to serve as chair.  The Helsinki Commission and its members from the United States Congress have always cared about Bosnia and Herzegovina.  Its first congressional visit here was in early 1991, before the conflict began.  Commissioners returned when they could during the conflict, and have come back on several occasions after the conflict to assess and encourage recovery and reconciliation.   This time, we come here first and foremost to let both the political leaders and the people of Bosnia and Herzegovina know the United States remains interested and engaged in the Balkans.  The progress we want to see throughout the region must include progress here in Bosnia.  We are committed to protecting the country’s sovereignty and territorial integrity in line with the 1995 Dayton Agreement, and we support Bosnia’s aspirations for European and Euro-Atlantic integration.  Efforts to undermine state institutions, along with calls for secession or establishment of a third entity, violate the spirit and letter of the Dayton Accords and endanger the stability of Bosnia and Herzegovina, and the entire region, and they diminish the likelihood of progress for local families and job creators.   We encourage the Bosnian government to undertake the necessary reforms to make integration a reality.  The inability to make Bosnia’s government more functional, efficient, and accountable is holding this country back.  It is the consensus of the international community that the people of Bosnia and Herzegovina are ill-served by their government’s structure. Bosnia should correct one glaring shortcoming.  The discriminatory ethnic criteria that prevent some Roma, Jewish, Serbs in the Federation, Croats and Bosniaks in the Republika Srpska, and other citizens who do not self-identify with a group from seeking certain public offices is unacceptable and can easily be addressed.  Bosnia’s neighbors are making progress, and we do not want to see this country fall further behind.   In our meeting with Members of the Bosnian Presidency, we expressed our frustrations with the political impasse and often dangerous rhetoric.  We urged stronger leadership and a more cooperative spirit in moving this country forward, together.  This should include electoral reform now and a serious commitment to the additional reforms that are obviously needed in the near future.  We are tired of the way ethnic politics dominates debate and makes decision-making such a difficult progress.  We share this impatience with our allies and the people this country would like to move closer toward.  This does not enhance the future of young people who want to stay and raise families in Bosnia, and it places a drag on efforts toward Euro-Atlantic integration. We encouraged international mission heads and the diplomatic community based here in Bosnia to defend human rights, democracy, the rule of law and all principles of the Helsinki Final Act in their important work.  In these areas, there should be no compromises here in Bosnia that we would not accept elsewhere.  Working together, the United States and Europe must deal firmly with those who seek to undermine those principles in any way, and that should include – for the worst offenders – coordinated sanctions on their ability to travel and on their individual assets.  We also need to work with Bosnian officials to counter external forces that actively seek to make Bosnia even more vulnerable to internal instability than it already is right now.  We are proud of the work between the United States and Bosnian officials thus far on countering terrorism.  We hope Bosnia remains committed to prosecuting and rehabilitating foreign terrorist fighters through ensuring longer sentences for convicted terrorists. Second to sending a strong U.S. message, we come to hear the voices of the people.  The Helsinki Commission and members of Congress regularly meet with diplomats and senior officials from Bosnia who visit Washington.  Their views are important, and we have good discussions, and we had good discussions this time.  However, we often wonder what the people of Bosnia truly think about their situation.  To that end, we met here with citizens who continue to be denied their recognized right to seek certain public offices.  We also heard the many concerns of non-governmental representatives.  In Mostar, we met with a young leader whose organization is trying to find common ground among the people of that spectacular city, which is still divided in too many ways.  It is deplorable that the citizens of Mostar have been denied their right to vote in local elections since 2008; we call on Bosnia’s political leaders to set aside the differences and work toward a compromise that resolves the impasse. We encourage all citizens of Bosnia and Herzegovina to give priority not to protecting ethnic privileges that keep them segregated from one another, but to promoting policies that will give them jobs, greater opportunity, a 21st century education, and the prosperity they want for their children and grandchildren.  To succeed, Bosnian citizens must all move forward together.   However, ethnic divisions continue to thwart needed cooperation.  We sense that these divisions are not as deep as claimed by the political leaders who exploit them. They exploit them for power, in our judgment.  And if there is one thing which should unite all Bosnians, it should be the desire to end the rampant corruption that robs this country of its wealth and potential. We hope that the upcoming Bosnian elections are not only conducted smoothly and peacefully, but their results reflect the genuine will of the people.  Democracy is strengthened when voters cast their ballots based, not on fear, pressure or expectation, but based on their own, personal views regarding the issues and opinions of the candidates, their views and their character.  The outcome must accurately capture these individual sentiments.  We hope for progress on electoral reform, in line with accepted norms for free and fair elections, so that election results can be implemented and a government formed.  We are dismayed at the lack of political diversity within some of the main ethnic groups in this country, and take issue with those who argue they are entitled to a monopoly in representing those groups. A third and final reason this delegation has come to Bosnia and Herzegovina is to remember —as American citizens and elected officials — why the United States of America should continue to care about Bosnia and Herzegovina, even when so many other crises demand attention.  We are reminded, in that regard, of the upcoming anniversary of the genocide at Srebrenica and the unimaginable pain and loss that lingers from that and other wartime atrocities.  Some of us visited the War Childhood museum, reminding us as well of the innocence and vulnerability of civilian victims.  We also remember past U.S. leadership in responding to the conflict.  The address of this building is “1 Robert C. Frasure Street,” after one of three American envoys who lost their lives on nearby Mount Igman while seeking to bring peace to this country.  Their work, and that of so many other American diplomats, soldiers and citizens who have continued their work to this day, cannot be left unfinished.   Finally, we also witnessed the incredible beauty of the countryside, the vibrancy of places like Sarajevo and Mostar, and the generous hospitality of the people.  Having been through so much, they deserve better than they have right now.            We therefore leave here more committed than ever to this country’s future, and as confident as ever in our ability to work together to build that future.  We support Ambassador Cormack here in Sarajevo and will continue to encourage our government in Washington to take further steps to encourage the good governance and prosperity that the citizens of this country deserve.

  • Sanctioning Human Rights Abusers and Kleptocrats under the Global Magnitsky Act

    The Global Magnitsky Act enables the United States to sanction the world’s worst human rights abusers and most corrupt oligarchs and foreign officials, freezing their U.S. assets and preventing them from traveling to the United States. Sanctioned individuals become financial pariahs and the international financial system wants nothing to do with them. Before proceeding, ask yourself: is Global Magnitsky right for my case? The language of the Global Magnitsky Act as passed by Congress was ex-panded by Executive Order 13818, which is now the implementing authority for Global Magnitsky sanctions. EO 13818 stipulates that sanctions may be considered for individuals who are engaging or have engaged in “serious human rights abuse” against any person, or are engaging or have en-gaged in “corruption.” Individuals who, by virtue of their rank, have ordered others to engage or have facilitated these acts also are liable to be sanctioned. Keep in mind that prior to the EO’s expansion of the language, human rights sanctions were limited to “gross violations of internationally recognized human rights” as codified in 22 USC § 2304(d)(1). The original language also stipulates that any victim must be working “to expose illegal activity car-ried out by government officials” or to “obtain, exercise, defend, or promote internationally recognized human rights and freedoms.” As for sanctions for corruption, it identifies “acts of significant corruption” as sanctionable offenses. This is generally thought to be a stricter standard than the EO’s term “corruption.” It may be worthwhile to aim for this higher standard to make the tightest case possible for sanctions. As a rule, reach out to other NGOs and individuals working in the human rights and anti-corruption field, especially those who are advocating for their own Global Magnitsky sanctions. Doing so at the beginning of the process will enable you to build strong relationships, develop a robust network, and speak with a stronger voice. Download the full guide to learn more. Contributor: Paul Massaro, Policy Advisor

  • And then, they took her cellphone

    Yesterday I received word that Pavla Holcova, a brave and unflappable Czech journalist, had been summoned by Slovakian police, who are investigating the murder of investigative journalist Jan Kuciakearlier this year. She took a 4-hour train ride from Prague to Bratislava and voluntarily presented herself at their headquarters. She has cooperated with the investigation since its earliest stages, but on this occasion, she was interrogated for eight hours. She was eventually released, but not before her cellphone was confiscated. The prosecutor who signed the order to take her cellphone and access its data is not assigned to the murder case, and he declined to explain why the authorities needed her phone. Holcova is not under any sort of criminal investigation. Quite the opposite, in fact. But Slovak authorities, acting suspiciously like the thuggish security forces found in repressive states, appear to be trying to shut her down. During the interrogation, she was repeatedly told that her reporting was “always against the system.” Not only is Slovakia a member of the European Union, until last year it ranked — along with much of Europe — as having one of the world’s freest media landscapes. Not anymore. This was merely the latest attempt by Slovakian authorities to harass the colleagues, friends and family of a reporter who was killed for doing his job. I met Holcova last week. She and I were part of a panel discussion in Washington titled “A Deadly Calling,” organized by the Helsinki Commission and designed to raise awareness for and address the assassinations of two investigative journalists in the European Union: Daphne Caruana Galizia in Malta last October, and Kuciak in Slovakia this February. The panel included Caruana Galizia’s son, Matthew — himself a Pulitzer Prize-winning investigative reporter — and Holcova, who worked closely with Kuciak to report on official corruption and the Slovakian government’s ties with organized crime. It was this reporting that, many believe, prompted the murders of Kuciak and his fiancee, Martina Kusnirova. Our panel — which also included Robert Mahoney of the Committee to Protect Journalists, a watchdog group that tracks attacks on press freedom — offered an unvarnished look at the rising threats to freedom of expression around the world. In Slovakia, the Kuciak case represents a fundamental test of a young democracy. There has been a major public backlash there, with tens of thousands of ordinary citizens joining street protests demanding justice for the killings. Several high-level resignations have resulted, with the most notable casualty being Prime Minister Robert Fico. Holcova believes there is reason to hope that justice will prevail, and that reform and the rooting out of corruption are possible. But she remains skeptical. “Even though the changes made in the government are rather cosmetic,” she told me. “The most influential government members were replaced by people from the very same political party.” Less visible to the public, though, are the lasting scars these attacks have on loved ones of the slain journalists and the ongoing attempts to deter them from seeking justice. Holcova says she is lucky in that she has a strong support network of friends and family, “but sometimes I feel I might be indeed ‘toxic’ and I am afraid someone might get hurt because of me. This potential guilt is painful and even sometimes paralyzing.” That’s a familiar feeling to many journalists operating in authoritarian societies or scrutinizing high-level corruption. But this isn’t a situation we should tolerate in silence. Impressively, Holcova says she remains undeterred. I asked whether she had ever thought about giving up the effort to find her friend’s killers. “Yes, sure. I will stop pursuing this case, when the people really involved (not just the proxies) will be brought to justice.” Incidentally, this interview was conducted entirely by email. Why? Because Slovakian authorities still have Holcova’s phone, and have offered no indication of when they plan to return it. The public shaming of governments — especially fragile ones — for their bad behavior is one of the best tools available in places where the rule of law has not been completely eviscerated. Slovakia is one of those countries hanging in the balance. We should do all we can to support their struggle to mature into a viable democracy with a strong future. Officials there, Holcova wrote, “did not care that much in past. But I believe they do now. At least a bit more. The reputation of Slovak government is very much damaged, the trust in state institutions such as police or prosecutors is very low.” There’s one very simple way the Slovakian authorities can begin to repair their image. They should return Pavla Holcova’s cellphone immediately.

  • A Crisis in Guatemala, Abetted by the U.N.

    In the struggle to defeat transnational crime in Central America, the U.S. is financing a United Nations prosecutorial body in Guatemala. Yet these U.N. prosecutors are thumbing their noses at the rule of law and seem to be using their power to politicize the Guatemalan judiciary. This is dividing and destabilizing a pivotal democracy in the region. The fragile Guatemalan state is in the crosshairs of Venezuelan dictator Nicolás Maduro and Cuba’s Gen. Raúl Castro. If their allies seize control of Mexico’s southern neighbor via its institutions, as Daniel Ortega has done in Nicaragua, it will have implications for Mexican and American security. The U.N. body, known as the International Commission Against Impunity in Guatemala (CICIG by its Spanish initials), has been in the country since 2007. It has busted some criminals. But its unchecked power has led to abuse, and this should concern U.S. backers. Some of CICIG’s most vociferous defenders hail from Guatemala’s extreme left, which eschews equality under the law and representative democracy. CICIG’s rogue justice has come to the attention of Sen. Roger Wicker (R., Miss.), chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission. He has scheduled a hearing April 27 to review CICIG’s role in the Guatemalan prosecution and extralegal conviction of a Russian family on the run from Vladimir Putin’s mafia. As I detailed in March 26 and April 19 Americas columns, Igor and Irina Bitkov, and their daughter Anastasia, fled persecution in Russia and became victims of a crime syndicate in Guatemala that was selling false identity documents. Yet Guatemala and CICIG tried the family alongside members of the crime ring that tricked them. They were convicted and given unusually harsh sentences. Guatemalan law and the U.N.’s Palermo Convention say that such migrants are victims, and a Guatemalan constitutional appeals court ruled that the Bitkovs committed no crime. CICIG and Guatemalan prosecutors ignored that ruling, went to a lower court and got a conviction. CICIG will not say why, or why it didn’t prosecute the law firm that solicited the fake documents given to the Bitkovs. Matías Ponce is “head of communications” for CICIG but there is no contact information for him or his office on the CICIG website. I managed to get his cellphone number from a third party and, after repeated tries, made contact with him. I requested his email and wrote to him so I could share with readers CICIG’s explanation of what appears to be abuse of power. He sent me a boilerplate response about CICIG’s work against criminal networks but no answers to my questions. It is unlikely CICIG will answer questions before the Helsinki Commission. Its co-chairman, Rep. Chris Smith (R., N.J.), invited CICIG to appear at a similar hearing he proposed for April 24 in the House Foreign Affairs subcommittee monitoring human rights and U.N. entities. CICIG declined the invitation. That hearing was not scheduled, though the office of Foreign Affairs Chairman Ed Royce (R., Calif.) told me it’s not dead. If CICIG refuses to cooperate with the Helsinki Commission, it will fuel the feeling among rule-of-law advocates that it has something to hide. CICIG says it is in Guatemala merely to “support” the attorney general in her work “identifying and dismantling” criminal networks and is not involved in politics. But an academic analysis of CICIG by Jonatán Lemus, a Francisco Marroquín University political science professor, suggests otherwise. Mr. Lemus observes that “CICIG has also been criticized for the very same reasons others have praised it: becoming a player in judicial appointments, proposing some controversial reforms to the Guatemalan constitution, and the use of televised conferences to shift the public in its favor. From this perspective, instead of strengthening Guatemalan institutions, the Commission is making national institutions dependent on its assistance.” This dependence drives CICIG deeper into politics. As Mr. Lemus notes, “once immersed in a polarized political system,” an international body designed like CICIG naturally “will face incentives to behave as any domestic bureaucracy trying to maximize its power and resources to ensure its survival.” Without an explanation for the bizarre Bitkov convictions, Guatemalans are left to speculate about CICIG’s motives. Incompetence is one possibility. But once the injustice was publicized and not corrected, that reasoning collapsed. A foreign businessman also makes an easy target for a politically correct prosecutor seeking approval from anticapitalist nongovernmental organizations. Kremlin “influence” cannot be ruled out. Nailing the Bitkovs was a priority for Russia because the family had refused to “donate” large sums to the Putin kitty in Kaliningrad. It would hardly be surprising to learn that Moscow leaned on prosecutors and judges to put the family behind bars. There’s no doubt that something fishy went on, and CICIG prosecutor Iván Velásquez’s unwillingness to address it is troubling. The truth matters for the family, for Guatemala and for the U.S.

  • Turkey Wants to Veto Civil Society Organizations at the OSCE

    A September meeting of the Organization for Security and Cooperation in Europe is being held up by Turkey, which wants to be able to stop specific civil society groups from participating in the annual event. Each September, civil society organizations from OSCE member states meet with government representatives for Europe’s largest human rights conference, the Human Dimension Implementation Meeting. For many civil society organizations, the event is the lone opportunity they have to address government representatives. But if Turkey gets its way, those civil society organizations won’t include groups affiliated with Fethullah Gulen, Turkish President Recep Tayyip Erdogan’s onetime ally and current foe. Erdogan blames Gulen for the 2016 failed coup attempt and claims that groups affiliated with his movement are part of terrorist organizations. The Turkish government’s demand for a veto over civil society organizations’ participation has some worried that Ankara will weaken a critical event in the human rights community — and set an example for other countries in the process. Last September, the Turkish delegation stormed out after an opening speech to oppose participation of the Gulen-affiliated Journalists and Writers Foundation. “This entity is so closely linked to the Fethullahist Terror Organization,” said Rauf Engin Soysal, the Turkish ambassador to the OSCE. Earlier that year, Turkey managed to rid the group of its consultative status at the U.N. Economic and Social Council over a technicality. Though the group lost its consultative status at the U.N., it still came to September’s OSCE meeting. A representative for the Journalists and Writers Foundation says the organization was not given a chance to reply to claims it is a terrorist organization. “Of course because this is an allegation without any proof and a groundless claim,” the representative says. In the fall of 2017, Turkey, which can block the dates and agenda of the Human Dimension Meeting, attempted to establish a veto over which civil society organizations could join the event. A working group that was set up last fall to deal with the issue is expected to meet Friday. In January, U.S. Sens. Roger Wicker and Ben Cardin wrote to Assistant Secretary of State Wess Mitchell expressing concerns about countries calling for a “vetting” mechanism for civil society organizations, specifically citing Turkey. “Turkey’s attempt to limit civil society participation at the OSCE rejects its commitment to promote freedom as a NATO ally. The State Department is right to join the Commission in opposition to these actions,” Wicker wrote in a comment to Foreign Policy. There may not be an easy solution, however. “Everything is based on consensus decisions made by the participating states,” a spokesperson for the OSCE’s Office of Democratic Institutions and Human Rights says. And Turkey appears to be standing firm in its position. Turkey recognizes the importance of the OSCE’s work and is not opposed to groups that are critical, Behic Hatipoglu, a counselor for the Turkish Foreign Ministry, wrote in response to questions. “However, participation of terror affiliated organizations to the OSCE activities is another issue and we believe that OSCE platforms should not be abused by terrorist or terrorist affiliated organizations,” he wrote. Beyond the September meeting, some NGOs and government officials alike are concerned that Turkey might inspire other countries — Kyrgyzstan or Azerbaijan, for example — to take similar measures to keep civil society organizations away from the table. But there are also concerns that this is part of a larger pattern of Turkish behavior on the international stage. Erdogan recently called for snap elections, which will take place under the state of emergency, and civil society groups have been a frequent government target. “They aren’t worried about attracting negative attention. If anything, they like it. It shows they’re proactive,” says David Phillips, the director of the program on peace-building and rights at Columbia University’s Institute for the Study of Human Rights. “This is all part of an effort by Erdogan to show voters he’s not allowing foreigners to interfere in Turkey’s domestic affairs.” And though the current Turkish initiative is focused on Gulen-affiliated groups, Phillips believes it’s part of a broader effort, at home and abroad, to go after civil society. “I would suspect that their efforts are not restricted only to Gulen-related groups. Once you start restricting civil liberties, why stop with the Gulen groups?”

  • Could U.S. Law Help Punish Russians for Doping Scheme?

    WASHINGTON — In recent months, the United States has punished the following people for alleged human rights violations and corruption: A former Gambian president who led terror and assassination squads. A Chechen leader involved in torture, kidnapping and murder. A Pakistani man at the center of a human-organ trafficking network. And a former Russian sports minister who was implicated in a nation’s systematic doping scheme that tainted several Olympics and other international competitions? Well, not the last person — at least not yet. The United States Anti-Doping Agency is exploring the use of government sanctions to punish Russian officials involved in the state-supported doping program that turned the 2014 Sochi Games into a sham. On Tuesday, Travis Tygart, the chief executive of the agency, attended a workshop here sponsored by the U.S. Helsinki Commission to see if the Global Magnitsky Act, a 2016 law that allows the sanctions, could apply to the Russians. The law calls for individuals who have committed human rights violations or significant corruption to be barred from obtaining United States visas and blocked from using the American financial system, which effectively blacklists them from doing business with major world banks. Powerful, wealthy people don’t like to have their assets frozen. “What happened in Sochi was the worst case of corruption that we’ve ever seen in sport, so why shouldn’t the act apply to us?” Tygart said. “We have to look down every avenue if we’re working for clean athletes, particularly in light of the I.O.C.’s failure do anything.” Tygart said American athletes have been demanding that the antidoping agency find ways to better protect clean athletes in the future so the Russian doping debacle is never repeated. The International Olympic Committee punished Russia, sort of, for its widespread doping. It barred the Russian Olympic Committee, the Russian flag and the Russian national anthem from last month’s Pyeongchang Games, while letting some Russian athletes compete under a neutral flag. It also barred for life one top Russian official: Vitaly Mutko. (He was implicated in the doping program as the Russian sports minister. After the scheme was exposed, he was promoted to deputy prime minister.) Three days after the Pyeongchang Games ended, the I.O.C. reinstated Russia’s Olympic committee — even though two Russian athletes had failed drug tests during the competition. So the United States antidoping group is looking for additional ways to punish the Russians. The Global Magnitsky Act is in its infancy and the sports angle might be a long-shot, but why not try? Besides, the United States government often has to do the dirty work for sports leagues and federations that refuse to police themselves. To take down the principles and athletes involved in the Bay Area Laboratory Co-Operative steroids scandal that ensnared athletes like Barry Bonds and Marion Jones, law enforcement made arrests and prosecutors took it from there. To address the widespread doping problem in Major League Baseball, Congress had to drag players and management in to testify. To uncover corruption in FIFA, United States prosecutors took the lead and indicted more than two dozen officials and businessmen from all over the world — much to the dismay of soccer’s global establishment. And now it could be the Global Magnitsky Act that delivers a staggering blow to the Russians for corrupting the results of major global sports competitions — including, but certainly not limited to, the Olympics. Among the people who could be targeted for sanctions are Mutko; Yuri D. Nagornykh, the former deputy sports minister; Irina Rodionova, the former deputy director of the Center for Sports Preparation; and others mentioned in an affidavit by Dr. Grigory Rodchenkov, Russia’s former longtime antidoping laboratory chief who blew the whistle on the whole operation. Does such sports corruption rise to the level covered by the law? William F. Browder thinks so. He’s a prominent investor who worked with Congress on the original Magnitsky Act, which was passed in 2012 in response to the death of Browder’s Russian lawyer, Sergei L. Magnitsky. The lawyer had uncovered a $230 million tax-theft scheme before he was arrested and died in prison. “There’s one important issue and that’s the doping scandal at the Sochi Games led to what I believe were murders,” Browder said, referring to two officials from Russia’s antidoping agency who died within two weeks of each other in 2016. “There were a number of people involved who died very suspiciously who were most likely liquidated to cover up a crime.” He added: “There were people who effectively ruined institution of sport and have committed crimes to do so. That would reach the standard of Global Magnitsky, in my opinion. These people involved in sports doping, they’re shameless. So there needs to be really hard consequences. They need to pay a very dear price.” That price would be losing access to their money and the freedom to move about the world. And they would be on a list with some of the world’s worst criminals. “If the Olympic Games are unquestionably tainted, that has huge economic ramifications for not just U.S. athletes, but for U.S. industry, and the U.S. government has an interest in making sure that doesn’t happen,” said Robert G. Berschinski, senior vice president for policy at Human Rights First and a former deputy assistant secretary of state. I asked him if he thought the individuals involved in the Russian doping case could be sanctioned under the law. “Without getting into specifics,” he said, “it seems that you can make a case.” Tygart thinks so, too. He left the workshop on Tuesday thinking that sanctions were a last resort but “a viable option.” Is it truly a viable option, and will the antidoping agency act on it? A certain group of Russians might not be eager to learn the answers.

  • How to Get Human Rights Abusers and Kleptocrats Sanctioned under the Global Magnitsky Act

    The workshop provided human rights organizations, transparency advocates, and congressional staff with the tools they need to effectively petition the U.S. government to review and potentially designate individuals and organizations for sanctions under the Global Magnitsky Act. Sanctions experts described, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also discussed the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists shared investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates.

  • Helsinki Commission Workshop to Explain Global Magnitsky Sanctions Process

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced a workshop to provide human rights organizations, transparency advocates, and congressional staff with the tools they need to effectively petition the U.S. government to review and potentially designate individuals and organizations for sanctions under the Global Magnitsky Act. HOW TO GET HUMAN RIGHTS ABUSERS AND KLEPTOCRATS SANCTIONED UNDER THE GLOBAL MAGNITSKY ACT Tuesday, March 13, 2018 3:00 p.m. Capitol Visitor Center Room SVC 212-10 Live Webcast: www.facebook.com/HelsinkiCommission Sanctions experts will describe, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also will discuss the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists will share investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates. Panelists include: Rob Berschinski, Senior Vice President, Human Rights First; former Deputy Assistant Secretary of State Brad Brooks-Rubin, Managing Director, The Sentry; formerly with the Departments of State and Treasury Bill Browder, Founder and Director, Global Magnitsky Justice Campaign Mark Dubowitz, CEO, Foundation for Defense of Democracies Adam Smith, Partner, Gibson, Dunn & Crutcher; formerly with the National Security Council and Department of Treasury Josh White, Director of Policy and Analysis, The Sentry; formerly with the Department of Treasury The Global Magnitsky Act is a powerful new tool for deterring human rights violations and fighting corruption. Presence on this list freezes any U.S. assets an individual may hold, blocks future transactions within the U.S. financial system, and bans any travel to the United States. By sanctioning individuals who engage in the worst abuses of power, the United States hardens its own system to external abuse while extending moral support and solidarity to those whose fundamental freedoms are curtailed or denied.

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