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Hearing Addresses Genocide, War Crimes Driving Refugee Crisis in OSCE

Witnesses Unanimously Champion Smith Legislation Providing Relief to Victims, Accountability for Perpetrators
Thursday, September 22, 2016

WASHINGTON—At a hearing convened today by Helsinki Commission Chairman Rep. Chris Smith (NJ-04), witnesses unanimously expressed support for Chairman Smith’s recently introduced Iraq and Syria Genocide Relief and Accountability Act of 2016 (H.R. 5961), bipartisan legislation that provides relief to victims of genocide, crimes against humanity, and war crimes in Iraq and Syria, and accountability for perpetrators.  

“The atrocities in Iraq and Syria have been so horrible, for so long, with so little action from the Administration, that it has been difficult to hope. Nevertheless, when [Secretary Kerry] declared genocide, we dared to hope that finally the Administration would hear the voices of the victims and act. Instead, the Administration has said the right words and done the wrong things,” said Chairman Smith.

“Displaced genocide survivors cannot pay for food, medicine, or shelter with words from Washington,” Chairman Smith continued.  “When the Executive Branch fails to acts, then Congress must require it to act. That is why I recently authored and introduced the bipartisan Iraq and Syria Genocide Relief and Accountability Act of 2016, with Representative Anna Eshoo as my lead cosponsor.”

Witnesses discussed ways to support religious and ethnic communities that have survived such atrocities. In addition, they encouraged the U.S. to fund the criminal investigation, prosecution, and conviction of the perpetrators, and identified gaps in U.S. criminal statutes that make it difficult to prosecute Americans or foreigners in the U.S. who have committed such crimes.

Former U.S. Ambassador-at-Large for War Crimes Issues David Scheffer said, “H.R. 5961 demonstrates an undeniable logic: the survivors of genocide, crimes against humanity, and war crimes in Iraq and Syria merit the fullest possible assistance of our government, including consideration of admission of victim refugees to the United States.”

“The perpetrators of atrocity crimes not only in Iraq and Syria but elsewhere in the world should be subject to investigation and prosecution,” Scheffer continued. “Federal jurisdiction over crimes against humanity and war crimes remains non-existent or very limited…it is a raw fact that the United States is currently a sanctuary for alien perpetrators of crimes against humanity or war crimes.”

“The Iraq and Syria Genocide Relief Act [is] a much needed, not to mention overdue, piece of legislation,” said Chris Engels, deputy director of the Commission for International Justice and Accountability. “Criminal investigations done contemporaneously with the criminal acts are essential to ensuring later accountability. Otherwise, as we have seen in the past, evidence is lost and those responsible for these mass human rights violations go unpunished.”

Witnesses also highlighted the humanitarian vulnerabilities and lack of assistance that force the survivors to flee their homes and recommended ways to support entities effectively serving genocide survivors in-country, including faith-based organizations.

Steve Rasche, legal counsel and director of resettlement programs for the Chaldean Catholic Archdiocese of Erbil, noted, “Since August 2014, other than initial supplies of tents and tarps, the Christian community in Iraq has received nothing in aid from any U.S. aid agencies or the UN. When we have approached any of these entities regarding the provision of aid assistance …we have been told that we have done too well in our private efforts…every morning we wake up and rob six Peters to pay 12 Pauls.”

“The current policy prioritizes individual needs but does not consider the needs of vulnerable communities,” said Carl Anderson, Supreme Knight, Knights of Columbus. “On one hand, we have the unanimous policy of the elected branches of the United States Government stating that a genocide is occurring. On the other hand we have an aid bureaucracy that is allowing the intended consequence of the genocide to continue, even though it is in our power to stop it.”

“There is nothing unconstitutional, illegal, unethical or unprofessional about prioritizing their right to survival as a community,” Anderson added, referring to Christian and other communities that face extinction in Iraq and Syria.

Bill Canny, executive director for migration and refugee services at the United States Conference of Catholic Bishops (USCCB), said, “We are gravely concerned by the small number of religious minorities who have been resettled in the United States during the current fiscal year.”

“It is unclear at the time of this writing precisely why the percentage of Syrian Christians, who have been registered as refugees or resettled in the United States as refugees, is so low,” Canny continued. “It is clear, however, that Christians and other religious minorities have become a target for brutality at the hands of the non-state actor ISIS, and that they are fleeing for their lives, and that far too few of them have been attaining U.S. resettlement.” USCCB resettles more refugees annually in the U.S. than any other agency.

Chairman Smith was joined at the hearing by a bipartisan group of lawmakers, including Helsinki Commission Co-Chair Senator Roger Wicker (MS), Ranking Commissioner Senator Ben Cardin (MD), and Commissioners Rep. Joe Pitts (PA-16) and Rep. Alan Grayson (FL-09).

In 2013, ISIS began its brutal campaign of extermination and expulsion in Syria, expanding to Iraq in 2014. Many of those who survived these atrocities have been joining the flood of refugees streaming out of the region to Europe and other areas of safety. Resolving their plight is a key component to helping address the refugee crisis and has been of intense interest to countries in the OSCE region.

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
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    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: MUSLIMS AND MINORITIES IN THE MILITARY Changing Demographics in the OSCE Region and Implications for Europe’s Security Sector Wednesday, July 26, 2017 11:00AM to 12:00PM Dirksen Senate Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission Demographers predict that aging, shifting birth rates, and immigration will change the face of European and North American populations over the next few decades. For example, researchers predict that persons of Muslim origin will make up a quarter of the French and third of the German populations by 2050. At the briefing, European security practitioners will discuss how demographic change is impacting the security workforce, and the subsequent implications for the OSCE region.  Panelists will also highlight the ways in which recruitment, personnel, and other security workforce policies and practices are changing in light of Europe’s increasing ethnic and religious diversity. Speakers include: Dominik Wullers (Germany), Economist, Spokesman of the Federal Office for Federal Ministry of Defense Equipment, and Vice President of Deutscher.Soldat Samira Rafaela (Netherlands), Organizational Strategy Advisor, Dutch National Police  Rozemina Abbasi (United Kingdom), Assistant Head, Armed Forces Targets, Ministry of Defense Dr. Elyamine Settoul (France), Professor, Institute for Strategic Research at the Military College, French Ministry of Defense

  • Engaging Belarus on Human Rights & Democracy

    The U.S. Helsinki Commission held a briefing titled, “Engaging Belarus on Human Rights and Democracy” on July 21, 2017, which built on renewed interest in Belarus after members of the Commission traveled to Minsk earlier in the month for the annual OSCE Parliamentary Assembly meeting. The panelists for the briefing included Stephen Nix, Regional Program Director for Eurasia at the International Republican Institute in Washington, DC; Katie Fox, Deputy Director of the Eurasia Department at the National Democratic Institute in Washington, DC; and Sanaka Samarasinha, the United Nations Chief in Belarus. Brief remarks were also delivered by Belarusian Charge d’Affaires Pavel Shidlovsky. Stephen Nix began the briefing by highlighting the importance of Belarus in U.S. foreign relations, including the relationship between Belarus and Russia, especially in light of the increased Western presence in the Baltics and the surrounding area. Mr. Nix “applaud[ed] Belarus’s expressed intent at engagement” and offered some examples demonstrating optimism for the democratic process in Belarus, such as the appointment of opposition party members to parliament with limited power. Katie Fox echoed this optimism when addressing “democratic openings,” such as the concessions the Belarusian government made in response to protests, increasingly democratic electoral processes, and “the growth and development of the democratic parties.” Sanaka Samarasinha discussed engagement in relations to the human rights issues Belarus presents today and the areas of particular concern to the UN. The UN in Belarus has focused primarily on “development activities,” but also issues such as human trafficking and the rising number of HIV/AIDs cases. Samarasinha also highlighted the need for a “safe space” for discussions of human rights issues and transparency to allow Belarusians and Belarusian civil society to be able to have a conversation. Charge d’Affaires Pavel Shidlovsky highlighted ways that Belarus is working with its NATO neighbors through defense cooperation, including relinquishing nuclear weapons and inviting representatives of NATO to observe the Belarusian-Russian strategic joint exercise scheduled for September 2017. Shidlovsky also stated, “Belarus has always regarded normalization of relations with the United States as a priority of its foreign policy. Yes, we have had our ups and downs, but never has the leadership of Belarus underestimated the importance of full-fledged engagement with the U.S.” In the final Q&A session the panelists were cautiously optimistic about the prospects for the improvement of human rights practices in Belarus and improvements in the electoral code that could someday lead to elections that could be certified as free and fair by the OSCE Office for Democratic Institutions and Human Rights (ODIHR).  However, they also stressed that it is critical to continue to fight for changes that are sustainable, beginning with the removal of restrictions on peaceful assembly and freedom of speech.

  • Addressing Anti-Semitism through Intersectional Advocacy

    By Dr. Mischa Thompson, Policy Advisor “[There were so many victims of the Holocaust] but we engage in competitive victimhood, where we take the oppressor’s view of a victim’s worth.” – Words into Action participant Misko Stanisic, Terraforming From June 21 to June 23, 2017, the Organization for Security and Cooperation in Europe Office for Democratic Institutions and Human Rights (OSCE/ODIHR) hosted the second in a series of workshops focused on addressing anti-Semitism.  The workshop, titled “Gender and Intersectional Activism: Coalition-Building for a More Tolerant Society,” provided a forum for 50 civil society leaders to discuss their efforts to address prejudice and discrimination across the 57 European and North American countries of the OSCE.  The forum was part of the OSCE/ODIHR’s “Turning Words into Action to Address Anti-Semitism” (WiA) project, which increases the capacity of countries and civil society to prevent and respond to anti-Semitism through security, education, and coalition-building measures.  According to Cristina Finch, Head of the ODIHR Tolerance and Discrimination Department, the forum will also assist with “creation of a coalition-building manual that ODIHR will publish to assist civil society in these efforts.”  Noting the problem of “underreporting,” the forum educated participants about OSCE/ODIHR efforts to collect hate crimes statistics, and highlighted methods by which civil society could work with local law enforcement and the OSCE/ODIHR to report hate crimes.  At the forum, OSCE/ODIHR shared recent findings that indicate that while Jewish men are more likely to be victims of anti-Semitic speech or physical violence, Jewish women fear anti-Semitic attacks more.  This suggests gender may play an important role in addressing anti-Semitism, prompting the need for more gender-rich and intersectional prevention efforts. For instance, Misko Stanisic of Terraforming, an organization focused on Holocaust and human rights education, noted that thousands of women participated in crimes of the Holocaust, but that gender stereotypes resulted in women often not being viewed as perpetrators, resulting in “female perpetrators [being] seldom investigated for their crimes and rarely prosecuted during the post-war trials.” He also described how socially constructed perceptions of gender, race, and other identities not only impacted who is – and who is not – included in text books and other educational tools on the Holocaust, but also how this has impacted efforts to address anti-Semitism.  “[There were so many victims of the Holocaust] but we engage in competitive victimhood, where we take the oppressor’s view of a victim’s worth,” he said. Other participants highlighted the forum’s relevance to American scholar Kimberle Crenshaw’s intersectionality theory, which details how hierarchal systems of gender and race resulted in African-American women often being excluded from the mainstream feminist movement in the United States.  In particular, participants discussed how efforts to address anti-Semitism and other forms of prejudice and discrimination have been stymied by approaches that have reinforced gender and other hierarchical power structures preventing men and women within communities from effectively working together.  Invoking American luminary James Baldwin, Finnish journalist Maryan Abdulkarim stated, “No one is free until we are all free.” She stressed the need for more inclusive efforts that move away from a focus on differences that separate the “majority” and “minorities,” and to restore humanity by challenging harmful societal constructs and working across communities, including with the “majority” to address problems. While the forum explored the importance of inclusive approaches to addressing anti-Semitism and other forms of intolerance, some participants warned that intersectionality could become an ineffective trend if care is not taken in its implementation.  Specifically, the differences between academic discussions and practice were raised.  In particular, participants cited the need for clear laws, processes, and procedures that protect all, as well as equal access to justice.   For example, laws and policies should be understandable to police, judges, and ordinary citizens, and straightforward to implement.  Researchers, funders, and advocates should be particularly mindful as to whether their efforts advance equality, or simply check a box. The art and commentary of speaker Dan Perjovschi underscored and offered insight into the societal challenges forum participants faced in efforts to address anti-Semitism, gender and other inequities in countering prejudice and discrimination at large, and the need for their continued efforts. More Information Roundtable on Fighting Anti-Semitism Looks at Turning Words into Action OSCE/ODIHR Turning Words into Action Project

  • One Year After Coup Attempt, Helsinki Commission Calls on Turkish Government to Respect OSCE Commitments, End Crackdown

    WASHINGTON—Ahead of the one-year anniversary of the attempted coup in Turkey, Helsinki Commission Chairman Sen. Roger Wicker (MS) and Co-Chairman Rep. Chris Smith (NJ-04) issued the following statements: “Last July, thousands of Turks took to the streets to stand against a military coup attempt. Turkish democracy still hangs in the balance one year later,” said Chairman Wicker. “I urge the Turkish government to restore stability and trust in its institutions by ending the state of emergency, releasing all prisoners of conscience, and guaranteeing full due process to all those who face credible charges.” “The Turkish government’s campaign against parliamentarians, academics, journalists, and thousands of others is marked by grave human rights violations,” said Co-Chairman Smith. “The Turkish courts’ support for this campaign is a sad sign of the challenges ahead – we recently saw this in a court’s confirmation of the expropriation of a Syriac Orthodox monastery. I call on the Turkish government and courts not to continue down the path to dictatorship.” Ahead of the May 2017 meeting between President Donald Trump and Turkish President Recep Tayyip Erdogan, Helsinki Commission leaders urged President Trump to seek guarantees that several U.S. citizens currently jailed in Turkey will have their cases promptly and fairly adjudicated and receive full consular assistance. They called for the prompt release of imprisoned American pastor Andrew Brunson; for consular access and fair trials for American dual citizens like Serkan Golge; and for timely and transparent due process for long-standing U.S. consulate employee Hamza Uluçay. Chairman Wicker also submitted a statement to the Congressional Record expressing his concern about the outcome of the April 16 constitutional referendum in Turkey, which approved Turkey’s conversion from a parliamentary government into an “executive presidency,” further weakening crucial checks and balances.

  • Transatlantic Inclusion Leaders Network 2017 Workshop Report

    The Transatlantic Inclusion Leaders Network (TILN) advances leaders who are global in outlook, representative, culturally competent, and inclusive. TILN is the premier venue for young, diverse U.S. and European elected and civil society leaders to meet, enhance their inclusive leadership portfolio, and engage senior policymakers. Now entering its sixth year housed within the German Marshall Fund in cooperation with the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission), TILN has been honored to be supported through partnerships with the U.S. Department of State, Balkan Trust for Democracy, Open Society Foundations, Meridiam, IMPACT, ONCE Foundation, Operation Black Vote, Unitas Communications, New American Leaders Project and the World Jewish Congress. At the center of the initiative is an annual leadership workshop for young diverse leaders from Europe and the United States. TILN workshops have created an empowered and highly upwardly mobile network that bridges the Atlantic and strengthens transatlantic relations for the future. TILN alumni utilize their experiences to reach new heights from mounting campaigns for the European and national Parliaments to becoming Members of the U.S. Congress, Ministers, and regionally and locally elected officials. Alumni include U.S. Congressman Ruben Gallego, Swedish Parliamentarian Said Abdu, UN Expert on Minority Issues Rita Iszak, and other Parliamentarians, Ministers, Mayors, City Councilpersons, regional and local leaders. Download the full report to learn more about the 2017 Annual Workshop.

  • #MovetheCouch: Transatlantic Leaders Convene in Brussels

    By Dr. Mischa Thompson, Policy Advisor “If we cannot be entrusted as leaders to do the small things, why should the public trust us to do the big ones, including governing international relations?” –Svante Myrick Mayor of Ithaca, New York TILN 2016 From March 20-26, 2017, the U.S. Helsinki Commission, in partnership with the German Marshall Fund of the United States (GMF), the U.S. State Department, and other stakeholders, hosted the sixth annual Transatlantic Inclusion Leaders Network (TILN) workshop in Brussels, Belgium.     Twenty-five young leaders representing more than fourteen European countries and the United States came together to learn from one another, expand their leadership skills, and offer a more inclusive vision for the world. As participants in the Brussels Forum Young Professionals Summit, TILN participants engaged with senior U.S. and European public and private sector leaders on the most pressing issues impacting the transatlantic relationship today, ranging from U.S. elections and the international workforce to Russia and counterterrorism. Several TILN participants also visited a high school in Brussels, exploring opportunities for international exchange and collaboration between administrators, educators, and students related to the educational needs of increasingly diverse student bodies and the future workforce on both sides of the Atlantic. Ithaca Mayor Svante Myrick closed Brussels Forum with powerful cautionary comments to all leaders. “While here in Brussels thinking about global problems, I received an email from a constituent who has been annoyed by an abandoned couch for days. It might seem like a small issue, but I'm going to make sure I move that couch,” he stated.  “I had to move it because, if we cannot be entrusted as leaders to do the small things, why should the public trust us to do the big ones, including governing international relations?” Sharing the vision for a more inclusive world, in the week following the workshop, TILN alumni from previous years led GMF-funded alumni leadership action projects in the Netherlands, Finland, Italy, and during the European Union’s Roma Week.  For more information on this year's Brussels workshop, please see the Transatlantic Inclusion Leaders Network 2017 Workshop Report. The Transatlantic Inclusion Leaders Network (TILN) “inspires, informs, and connects diverse young leaders to excel in elected office and other leadership roles, advance inclusive policies, and engage with senior transatlantic policymakers.” Participants are from diverse U.S. and European communities, including the Balkans, with a proven commitment to advancing diversity and inclusion best practices in their policymaking and society.  For more information on TILN, please see the Transatlantic Inclusion Leaders Network 2017 Workshop Report.   TILN 2016 Participants Umut Aydin | France | Analyst, Meridiam Delio Diaz Garcia | Spain | Secretary General, Juventudes de Unidad Progresista Nebojša Dobrijević | Croatia | Independent Advisor, Joint Council of Municipalities Judith Garcia | United States | City Councillor, Chelsea, Massachusetts Diana Horvat | Serbia | Editor, Radio Televison of Vojvodina Maryam Jamshid | Belgium | Social Council Elected Member, City of Hasselt, Flanders Paulette Jordan | United States | State Representative, Idaho Natascha Kabir | Germany | Green Party Faction Leader, City Parliament of Offenbach Aroosa Khan | Netherlands | Board Member, PvdA Party, Amsterdam-East Edin Koljenović | Montenegro | Program Coordinator, Civic Alliance Oleksii Krasnoshchokov | Ukraine | Board President, Pidmoga.info Hayatte Maazouza | France | Municipal Council Member, Trappes Sammy Mahdi | Belgium | President, Work Group on Diversity, Youth, CD&V Party Martin Mata | Czech Republic | City Council Member, Usti nad Labem Svante L. Myrick | United States | Mayor, City of Ithaca, New York Frances O'Donovan | Denmark | City Council Member, Fredericia Anna Poisner | Ukraine | Counsel, Dragon Capital Aida Salketić | Bosnia and Herzegovina | Cultural Heritage Professional Athena Salman | United States | State Representative, Arizona Brandon Scott | United States | City Council Member, Baltimore, Maryland Karen Taylor | Germany | Advisor to of Member of Parliament Dr. Karamba Diaby David Walsh | United Kingdom | International Relations Officer, Board of Deputies of British Jews John Vargas | United States | Secretary, NALEO Alex Yip | United Kingdom | City Councillor for Sutton New Hall, Birmingham City

  • World Refugee Day 2017

    By Nathaniel Hurd, Policy Advisor There are more forcibly displaced people in the world today than at any other time in human history. Fleeing their homes because of persecution or violent conflict, refugees sometimes have to leave so suddenly that they are only able to bring the clothes they are wearing and few or no possessions. Many refugees get separated for months or even years from their family and friends and are vulnerable to human smugglers and human traffickers.  The UN High Commission for Refugees (UNHCR) estimates that a refugee spends an average of 17 years uprooted from their homes. The scale of the number of refugees worldwide, and even in the OSCE region and that of its partners, is almost beyond imagination. Refugees or IDPs? Refugees are those who have been forced to flee their country and enter another in search of safety. According to UNHCR, by the end of 2016 there were more than 22.5 million refugees worldwide. Nearly two-thirds of refugees come from just four countries: Syria, Afghanistan, South Sudan, and Somalia. Less well-known than refugees, and greater in number, are internally displaced persons. Like refugees, they have had to flee their homes. Unlike refugees, they still reside in their home countries and have not crossed a border into another country. UNHCR estimates that there are almost twice as many IDPs (more than 40.3 million) as refugees worldwide. There is no binding treaty for IDPs and so countries lack the legal obligations—and IDPs lack the full range of legal protections—accorded to refugees. IDPs are often also harder to reach with humanitarian aid, sometimes because their own governments played a role in their displacement and are obstructing access, and sometimes because the conflict itself makes access difficult or impossible. Refugees and IDPs in the OSCE Region The 57 participating States of the OSCE region host more than 5.5 million refugees, including almost three million Syrians who escaped to Turkey. In addition, there are more than one million refugees in OSCE Mediterranean Partner countries, which include Algeria, Egypt, Israel, Jordan, Morocco, and Tunisia. Jordan hosts more than 660,000 Syrian refugees while Egypt hosts more than 122,000 Syrian refugees. Asian Partners for Co-operation, which include Afghanistan, Australia, Japan, the Republic of Korea, and Thailand, host more than 212,000 refugees while more than 2.4 million Afghans are refugees themselves. Mediterranean Drivers of the European Refugee Crisis Conflict and other factors outside the OSCE region have driven the broader European refugee crisis, the largest on the continent since World War II. In 2015, more than one million refugees and migrants crossed the Mediterranean Sea into Europe, and between 3,700 and 4,000 of them—including many children—died or went missing en route. Syrian and Iraqi refugees have been among the large groups among these arrivals. At an October 2015 hearing of the Helsinki Commission, the Regional Representative of the UN High Commission for Refugees testified that shortfalls in funding for responses to the Syrian humanitarian crisis forced reductions in assistance in the region, like a 30 percent cut in food rations from the World Food Program, and was a major trigger in Syrian refugees going to Europe. In 2016, the number of refugee and migrants crossing into the region decreased to around 362,000 and the number who died during the journey increased to more than 5,000. So far in 2017, more than 75,000 refugees and migrants have reached European shores via the same route. More than 1,800 have died or gone missing before making landfall. Almost all of the one million Mediterranean Sea arrivals in 2015 first arrived in Greece (84 percent) or Italy (15 percent). In 2016, Italy received just over 50 percent of the arrivals and Greece just less than half. Of the arrivals this year, Italy has received more than 65,000 (87 per cent) and Greece more than 8,000 (11 percent). Ukraine One major, ongoing refugee and IDP crisis originated in the OSCE region itself. Russia’s ongoing military aggression in Ukraine has forced 1.8 million people – out of a population of more than 44 million – to become internally displaced. More than 3.8 million people in-country need humanitarian assistance. Another 239,000 Ukrainians have become refugees. Looking Ahead Despite the drop in Mediterranean arrivals, the number of refugees who have already arrived in the OSCE from other regions, as well as the ongoing conflict and humanitarian crisis in Ukraine, mean there will likely continue to be millions of displaced persons in the OSCE region and its partners for the foreseeable future. Addressing the political drivers of the underlying conflicts will be essential to enabling safe, voluntary, dignified returns. This information was compiled by Helsinki Commission staff from UNHCR sources, including its staff; the 2016 Global Trends Report; its Operational Data Portal; its Population Statistics Database; and situation reports. Other sources include ReliefWeb, a digital service of the UN Office for the Coordination of Humanitarian Affairs (OCHA).

  • Commissioner and Special Representative Ben Cardin Counters Anti-Semitism and Promotes Diversity

    When the U.S. funding bill commonly known as the Omnibus passed in May 2017, it included a number of provisions outlining U.S. foreign policy and national security measures.  It also included provisions supporting diversity and human rights in foreign affairs in the face of increased violence and discrimination across the 57 North American and European countries that make up the Organization for Security and Cooperation in Europe. “Continuing anti-migrant and refugee sentiments, anti-Muslim backlash following terrorist attacks, and a surge in anti-Semitic and racist incidents in this country and abroad are just some of the reasons I was compelled to act,” said Helsinki Commission Ranking Senator Ben Cardin (MD), who is also the OSCE Parliamentary Assembly’s first Special Representative on Anti-Semitism, Racism, and Intolerance. “These legislative provisions are just a few recent efforts I have advanced to ensure diverse populations in our country and throughout the OSCE region are afforded the same rights, protections, and opportunities as others that are enshrined in the Helsinki Final Act and numerous OSCE tolerance and non-discrimination commitments,” said Senator Cardin, whose U.S. spending bill provisions include: Increased funding to counter global anti-Semitism. U.S. support for the Organization for Security and Cooperation in Europe (OSCE) to advance new initiatives to counter anti-Semitism, racism, and intolerance. Expansion of the Department of State workforce diversity programs. Prior to the passage of the Omnibus, on April 25 Senator Cardin introduced the National Security Diversity and Inclusion Workforce Act (NSDIWA) of 2017, building on legislation he passed in December 2016 to diversify the State Department and USAID labor force.  “I have championed these equality and anti-discrimination provisions because America’s diversity is one of our greatest assets as a nation, and our government should reflect that reality,” said Senator Cardin. “When America leads with our values on display, whether we are promoting human rights abroad or helping resolve conflicts to help societies heal and move forward, including our own, it should be done with personnel who reflect the entire tapestry of the United States,” Senator Cardin continued. “Inequities and discrimination are not just a U.S. problem.  The hope is that this legislation can also serve as a model for other countries grappling with similar issues from hate crimes to inequality.” Senator Cardin was appointed the OSCE PA's Special Representative on Anti-Semitism, Racism and Intolerance in March 2015. More on his mandate and efforts can be found at http://www.oscepa.org/about-osce-pa/special-representatives/anti-semitism.

  • A Call to OSCE Commitments in Aftermath of Turkish Referendum

    Mr. President, I rise today to express my concerns about the outcome of the April 16 constitutional referendum in Turkey, when more than 50 million Turkish citizens voted on constitutional amendments to convert Turkey’s parliamentary government into a presidential system.   Turkey is a longstanding friend of the United States and a NATO ally.  Our bilateral partnership dates back to the Cold War when Turkey served as an important bulwark against the creeping influence of the Soviet Union.  Time has not diminished Turkey’s geostrategic importance. Today, Ankara finds itself at the intersection of several critical challenges: the instability in Syria and Iraq, the threat of ISIS and other extremist groups, and the refugee crisis spawned by this regional upheaval.     The United States relies on Turkey and other regional partners to help coordinate and strengthen our collective response.  I was deeply troubled when renegade military units attempted to overthrow Turkey’s democratically elected government last July.  Turkey’s strength is rooted in the democratic legitimacy of its government – a pillar of stability targeted by the reckless and criminal coup attempt.         As Chairman of the Commission on Security and Cooperation in Europe, or U.S. Helsinki Commission, I take very seriously the political commitments made by the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE).  These commitments – held by both the United States and Turkey – represent the foundation of security and cooperation in the OSCE region.  They include an indispensable focus on human rights, rule of law, and democratic institutions.    In the OSCE’s founding document, the Helsinki Final Act, participating States affirm “the universal significance of human rights and fundamental freedoms” and consider respect for these to be an “essential factor” for international peace and security. This vision is consistent with long-established U.S. foreign policy promoting human rights and democracy as cornerstones of a safer, more stable international order.      With these principles in mind, the United States must pay urgent attention to the current situation in Turkey and the danger it poses to Turkish and regional stability.  Eroding respect for fundamental freedoms, rule of law, and democratic institutions in Turkey has proceeded at an alarming pace.  The government’s planned “executive presidency” will further decrease government accountability. Since the attempted coup more than nine months ago, Turkey has operated under a state of emergency that gives the government sweeping authority to curtail rights and silence opponents.  Certain extraordinary measures may have been justified in the immediate aftermath to restore order, investigate events, and bring perpetrators to justice, but the government’s actions have stretched far beyond these legitimate aims.  The ongoing purge has touched every institution of government, sector of society, corner of the country, and shade of opposition – military or civilian, Turk or Kurd, religious or secular, nationalist or leftist, political or non-political.   An atmosphere of fear and uncertainty has settled over Turkish society as more than 100,000 people have been detained or arrested.  Tens of thousands have been fired from their jobs, had their professional licenses revoked, and had their names released on public lists without any recognizable due process.  The government removed and replaced thousands of judges and prosecutors within hours of the coup’s defeat, compromising the independence of the judiciary at a moment when an impartial justice system had become more important than ever. The government has also closed more than 150 media outlets.  Upwards of 80 journalists are behind bars.  The offices of the country’s oldest newspaper were raided, and the paper’s editor-in-chief and other staff were arrested.  The media environment was already under extraordinary pressure before the coup. Last spring, the government seized control of the country’s highest-circulation paper.  Self-censorship is now widely practiced to avoid provoking the government’s ire.   Additionally, state of emergency decrees have given regional governors the ability to curtail freedom of assembly rights, harming the ability of civil society organizations to organize rallies concerning the referendum.  Since July, the government has detained more than a dozen opposition parliamentarians. Many more continue to face criminal charges for political statements they made before the coup attempt.    It is difficult to overstate the chilling effect these measures have had on political debate in Turkey. And yet, these are the circumstances under which Turks voted on April 16.  These major constitutional changes passed with a slim majority of 51 percent.  The OSCE’s international observation mission stated in its preliminary conclusions that the vote “took place on an unlevel playing field” and that “fundamental freedoms essential to a genuinely democratic process were curtailed.”  Under the revised constitution, the once largely ceremonial position of president will convert into an “executive presidency” and the position of prime minister will be abolished.  The president will be elected along with the national assembly every five years and has the ability to dissolve the assembly and call new elections at will.  The president will also appoint a larger proportion — nearly half — of the country’s supreme judicial council.  In a report on these new constitutional provisions, the Venice Commission of the Council of Europe concluded that the amendments are a “step backwards” and pose “dangers of degeneration … towards an authoritarian and personal regime.”    Turkey is undergoing a disturbing transformation, and I am concerned these changes could undermine the strength of our partnership.  President Erdogan’s government has dramatically repressed dissent, purged opponents from every sector of government and society, and is now poised to consolidate power further under his self-described “executive presidency.” In the short term, the Turkish government should act swiftly and transparently to investigate credible claims of voting irregularities in the referendum as well as the legality of a surprise electoral board decision to admit an unknown number of ballots that should be deemed invalid under existing rules.  Public trust in the outcome of such a consequential vote is of utmost importance.  Sadly, until now, the government has responded to these challenges with dismissiveness and suppression.  In the past week, dozens of activists have been detained for participating in protests against the election results. Furthermore, the government should lift the state of emergency, stop all forms of repression against the free press, release all imprisoned journalists and political activists, and urgently restore public confidence in the judiciary.  Only then can it credibly and independently adjudicate the tens of thousands of cases caught up in the government’s months-long dragnet operations. A country where disagreements are suppressed rather than debated is less secure. A country where institutions are subordinated to personalities is less stable.  A country where criticism is conflated with sedition is less democratic.  Unless President Erdogan moves urgently to reverse these trends, I fear our partnership will inevitably become more transactional and less strategic.  It will become more difficult to justify long-term investment in our relationship with Turkey if the future of the country becomes synonymous with the fortunes of one party or one individual. The United States and Turkey need a solid foundation for enduring cooperation to tackle regional instability, terrorism, migration, and other challenges. The future of this partnership is difficult to imagine in the midst of a prolonged state of emergency, wide-scale purges, and weakened democratic institutions.

  • Turkey Post-Referendum: Institutions and Human Rights

    Human rights abuses by the Turkish government have proliferated under the state-sanctioned emergency measures imposed in the aftermath of the July 2016 failed coup attempt.  Turkish authorities have fired as many as 130,000 public workers, including teachers, academics, police officers, and soldiers, and thousands have been arrested. Hundreds of journalists have had their credentials revoked and dozens of media outlets have been shut down. Human rights groups have documented widespread reports of intimidation, ill-treatment and torture of those in police custody. On April 16, 2017, Turkey held a referendum on a package of amendments that transforms the country’s institutions in major ways. The position of prime minister was eliminated and the executive powers of the president were expanded, enabling him to appoint ministers without parliamentary approval, exert more influence over the judiciary, and call early elections. Coming on top of the post-coup crackdown, how will Turkey’s changing institutions affect human rights in the country? Panelists at the briefing discussed how U.S. policymakers can most effectively encourage the protection of human rights to promote the interests of the Turkish people given the strategic importance of the U.S.-Turkey bilateral relationship.

  • Political Prisoners in Russia

    Principle VII of the 1975 Helsinki Final Act recognizes the right of individuals to know and act upon their human rights and fundamental freedoms, including freedom of thought, conscience, religion or belief, without distinction as to race, sex, language or religion. The following individuals who were profiled in the Helsinki Commission's April 2017 hearing, "Democracy & Human Rights Abuses in Russia: No End in Sight," illustrate the many cases of political prisoners in Russia today. Dmitry Buchenkov – Buchenkov was charged under Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”) for his participation in the 2012 Bolotnaya Square protests against fraud in the 2011 presidential elections. He was arrested in December 2015 and is currently under house arrest.  He is recognized by Memorial as a political prisoner not only because the alleged offense did not take place, but also due to the lack of a fair trial and the disproportionate use of pretrial detention in light of the charge against him. His case illustrates the prosecution of individuals for engaging in nonviolent public protest against the government in general and the Bolotnaya Square cases in particular. Oleg Navalny – Navalny was charged under Article 159 (“swindling on a large scale”), article 159.4 (“swindling on a particularly large scale in the entrepreneurial sphere”), and article 174.1.a (laundering of funds on a large scale acquired by a person through a crime committed by him”).  He was sentenced to 3 ½ years in a closed proceeding, Memorial considers him a political prisoner because the alleged offense did not take place and he was not given a fair trial. In reality, Oleg Navalny was targeted because he is the brother of prominent political activist Alexei Navalny.  It appears the authorities are unwilling to make a martyr out of Alexei Navalny but seek to exert pressure on him by persecuting his brother. Oleg Navalny’s case illustrates the willingness of the government to target family members as a means of exerting pressure on political activists, which is specifically prohibited under the OSCE 1989 Vienna Concluding Document. Darya Polyudova – Polyudova was charged under article 280 of the Russian criminal code (“public appeals for extremist activity” and “public appeals for actions aimed at a violation of the territorial integrity of the Russian Federation”) in connection with her participation in preparation for a march that did not take place.  In reality, she was indicted for criticizing Moscow online for its support of Russia-backed separatists in Ukraine's east.  She is recognized as a political prisoner because the offense did not take place, her right to a fair trial was violated, and the government disproportionately used pretrial detention given the nature of the charges.  She was sentenced to two years in prison, becoming the first person in Russia convicted under a 2014 law criminalizing calls for separatism on the Internet. Her case illustrates the government’s prosecution of Russian nationals who criticize Russia’s actions and policies in Ukraine. Sergei Udaltsov – Udaltsov was charged under Article 30 of the Russian criminal code (“preparation of actions aimed at organizing mass riots”) and Article 212 (“organization of mass riots”) after participating in the Bolotnaya Square protests. He has been arrested multiple times before for protesting against the government. Memorial recognizes him as a political prisoner on the grounds that he was charged with an offense that did not take place; his right to a fair trial was violated; and the government disproportionately used pretrial detention. He was sentenced to four years and six months in prison. Ivan Nepomniashchikh – Nepomniashchikh was charged with Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”). He is recognized as a political prisoner on the grounds that he is being prosecuted for exercising his right to freedom of assembly; he is being charged with an offense that did not take place; he was not allowed a fair trial;  and the government disproportionately used pretrial detention. He is another example of those being prosecuted for participating in the Bolotnaya Square protests against the 2011 fraud in the presidential election. Alexei Pichugin – Pichugin was charged under Article 162 of the Russian criminal code (“robbery”) and Article 105 (“murder”). At a closed trial, Pichugin, the former head of internal economic security for the Yukos Company then headed by Mikhail Khodorkovsky, was sentenced to life imprisonment in a special-regime penal colony. He has been in prison since 2003 and is recognized as a political prisoner on the grounds that his prosecution was conducted without a fair trial.  The European Court on Human Rights also has held that Pichugin was denied a fair trial.   Oleg Sentsov – Senstov is a Ukrainian filmmaker imprisoned in Russia since 2015, and was the focus of a separate Helsinki Commission briefing. Sentsov was arrested in the Russian-occupied Crimean territory of Ukraine and charged under Article 205.4 of the Russian criminal code (“organization of a terrorist group”), Article 205 (“terrorist act committed by an organized group”), Article 30 in connection with Article 205 (“preparation of a terrorist act”), Article 30 in connection with Article 222 (“attempted illegal acquisition of firearms and explosive devices”), and Article 222 (“illegal acquisition and storage of far arms and explosive devices”).  He was accused of planning an attack on a monument to Lenin, a charge he denies. He was sentenced in a Russian military court to 20 years in a strict regime penal colony for terrorism. Other Illustrative Cases Alexander Kolchenko – Kolchenko, a Crimean activist, was charged under article 205 of Russia’s criminal code (art. 205.4 part 2: "Participation in a terrorist organization," and art. 205, paragraph "a," part 2: "A terrorist act conducted by a terrorist group"). He refuted the accusations of terrorism. Mr. Kolchenko was detained in May 2014, in Simferopol, Crimea, shortly after Russia took control over the peninsula. On August 25, 2016, the North Caucasus District Military Court of Russia sentenced Mr. Kolchenko to 10 years of imprisonment in a strict-regime colony. He is serving his sentence in the Chelyabinsk Oblast, in the city of Kopeysk, a facility notorious for its poor treatment of convicts. Mr. Kolchenko is recognized as a political prisoner by Russia’s Memorial watchdog group. Mykola Semena (under a travel ban) – Semena, a Crimean journalist, has been charged under Article 280.1 of Russia’s criminal code, which penalizes "public calls for actions violating the territorial integrity of the Russian Federation." The law was added to the Russian criminal code in December 2013, and came into force in May 2014 - several weeks after Crimea was annexed by Russia. Semena was one of the only independent journalists to remain on the peninsula following Russia’s March 2014 annexation of Crimea. He contributed reporting to RFE/RL’s Ukrainian Service and its Crimea Desk. On April 19, 2016, after Russian police searched Semena’s home and confiscated computers and storage media, the de facto Crimean prosecutor-general ordered Semena to remain on the peninsula while he was investigated for alleged “calls to undermine Russia’s territorial integrity via the mass media.” Semena has been forced to stay in Crimea ever since, despite his requests to travel to Kyiv for urgently needed medical care. Roman Sushchenko (in pre-trial detention) – Sushchenko, a Ukrainian journalist, is charged under article 276 of Russia’s criminal code (espionage). He has worked as a Paris-based correspondent for Ukraine’s state news agency, Ukrinform, since 2010. He was detained at a Moscow airport on September 30, 2016, upon his arrival from Paris on private business. He was accused of collecting classified information on the activities of Russia’s armed forces and the National Guard. Mr. Sushchenko denies any involvement in espionage. His employer, Ukrinform, also considers the accusations false and called his detention a “planned provocation.” Mr. Sushchenko’s attorney is Mark Feygin, who previously represented Pussy Riot and Nadezhda Savchenko. Memorial, a Russian organization established to report on the crimes of Stalinism, documents cases of political prisoners as well as cases of those persecuted for their faith.This information was compiled by Helsinki Commission staff from Memorial, the U.S. Department of State Country Report on Human Rights Practices, and news sources. The U.S. Commission on International Religious Freedom also tracks cases of individuals imprisoned in connection with their faith.

  • Oleg Sentsov and Russia's Human Rights Violations against Ukrainian Citizens

    On April 27, the U.S. Helsinki Commission held a briefing focusing on human rights violations against Ukrainian citizens. In particular, this hearing was used as a platform to raise awareness for Oleg Sentsov, a political prisoner being held in Siberia. Sentsov was honored by PEN America this year with their 2017 Freedom to Write award for his work exposing Russian human rights violations. Panelist included Natalya Kaplan, cousin of Oleg Sentsov and campaigner for his freedom, and journalist in Kiev; Mustafa Nayyem, Member of Ukrainian Parliament and former journalist and early organizer of the 2013 Euromaidan protests; and Halya Coynash, spokesperson for Kharkiv Human Rights Protection Group. The panelists provided much context and background detailing Sentsov and others’ cases. Natalya Kaplan spoke to the audience about the terrible conditions her cousin faces in Siberia, including torture, while Mustafa Nayyem spoke about the need to pressure Russia publically to end these human rights abuses. Halya Coynash reminded the audience of the severity of this case by highlighting that Sentsov was the first Ukrainian to be so brazenly imprisoned after the Russian occupation of Crimea; in her eyes, this was the first time the full force of Russian government had been used to fabricate charges and host a show trial against a Ukrainian. The panelists agreed that the media freedom situation in Russian-occupied territory is dire and only growing worse. Of greatest concern was the length to which Russia is willing to go in their efforts to arrest and prosecute journalists. Russia also sets a dangerous precedent with its recent attempts to foist Russian citizenship onto Ukrainians in Crimea, in efforts to undermine international court rulings and give legitimacy to its actions. When it comes to monitoring the human rights situation in Ukraine, the panelists expressed concerns with the lack of access to political prisoners and the inability to target individual Russians involved in creating the sham trials. The panelists believed that the ability to target individuals involved in these trials would be extremely helpful in de-escalating the situation, and they made many references to the Magnitsky Human Rights Accountability Act. Overwhelmingly, the response to these issues was a desire to work with Congress to strengthen and update the Magnistky Act, as well as broaden civil society and NGO engagment. Mustafa Nayyem expressed hope that NGOs, such as PEN America, would play a more pivotal role in helping prevent future repression. News articles following the briefing expressed hope that there would be work within Congress to better address issues involving Ukrainian political prisoners.

  • Helsinki Commission Calls for Proclamation Recognizing Importance of Helsinki Final Act

    WASHINGTON—Helsinki Commission Chairman Senator Roger Wicker (MS) today introduced a bipartisan Senate resolution urging President Trump to recognize the importance of the Helsinki Final Act –  the founding document of today’s Organization for Security and Cooperation in Europe (OSCE) – and its relevance to American national security.  The resolution was cosponsored by all other Senators currently serving on the Helsinki Commission: Sen. Ben Cardin (MD), Sen. John Boozman (AR), Sen. Cory Gardner (CO), Sen. Marco Rubio (FL), Sen. Jeanne Shaheen (NH), Sen. Thom Tillis (NC), Sen. Tom Udall (NM), and Sen. Sheldon Whitehouse (RI). “Peace and prosperity in the OSCE region rest on a respect for human rights and the preservation of fundamental freedoms, democratic principles, and economic liberty. Unfortunately, the commitment to these ideals by some OSCE participating States is eroding,” Chairman Wicker said. “The shrinking space for civil society in many nations has become reminiscent of the Communist era – a time when many Helsinki Monitoring Groups were violently persecuted for their courageous support of basic human rights,” he continued. “With its actions in Ukraine and Georgia, the Russian Federation in particular has demonstrated how closely such internal repression can be tied to external aggression.  We were reminded of these abuses in this morning’s Helsinki Commission hearing. I urge the President to make it clear that Helsinki principles are vital not only to American national interests but also to the security of the OSCE region as a whole.” “What was remarkable about the Helsinki Final Act was the commitment that these standards we agreed to would not only be of internal interest to the member country, but that any country signatory to the Helsinki Final Act could challenge the actions of any other country,” said Ranking Commissioner Cardin, who is also Ranking Member of the Senate Foreign Relations Committee. “We have not only the right but the responsibility to call out countries that fail to adhere to the basic principles that were agreed to in 1975.” Defining security in a uniquely comprehensive manner, the Helsinki Final Act contains 10 principles guiding inter-state relations, among them respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion, or belief (Principle VII). Other principles include respect for sovereign equality (Principle I), the territorial integrity of states (Principle IV), and states’ fulfilment in good faith of their obligations under international law (Principle X). S.Con.Res.13 encourages President Trump to reaffirm America’s commitment to the principles and implementation of the Helsinki Final Act. The resolution also calls on the President to urge other participating States to respect their OSCE commitments and to condemn the Russian Federation's clear, gross, and uncorrected violations of all 10 core OSCE principles enshrined in the Helsinki Final Act.

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