Title

Helsinki Commission Briefing to Review State of Fundamental Freedoms in Azerbaijan

Wednesday, May 02, 2018

WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing:

DEMOCRACY DEFERRED:
THE STATE OF ELECTIONS AND FUNDAMENTAL FREEDOMS IN AZERBAIJAN

Wednesday, May 9, 2018
10:30 a.m.
Capitol Visitor Center
Room SVC 215

Live Webcast: www.facebook.com/HelsinkiCommission

After amending the constitution to extend the length of a presidential term and abolish term limits altogether, Azerbaijan’s ruler since 2003, Ilham Aliyev, recently prevailed in elections that secured his position until 2025. International election observers described this vote as “lack[ing] genuine competition” given the country’s “restrictive political environment and…legal framework that curtails fundamental rights and freedoms.”

The presidential election took place after a year of growing concern over the state of fundamental freedoms in Azerbaijan. In March 2017, the government blocked nearly all remaining major sources of independent news; it continues to harass and detain independent journalists. That same month, the Extractive Industries Transparency Initiative suspended Azerbaijan’s membership over the government’s onerous regulation of civil society organizations. In December 2017, the Council of Europe began exploring unprecedented punitive measures against Azerbaijan for flouting a European Court of Human Rights ruling ordering the release of former presidential candidate Ilgar Mammadov, jailed since 2013. 

As Azerbaijan approaches 100 years of independence in May, the Helsinki Commission will examine these recent developments and the country’s implementation of its freely undertaken human rights and democracy commitments.  

The following panelists are scheduled to participate:

  • Audrey L. Altstadt, Professor of History, University of Massachusetts – Amherst
  • Emin Milli, Director, Meydan TV
  • Maran Turner, Executive Director, Freedom Now

Additional panelists may be added.

In September 2017, Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04) introduced H.Res.537 calling on the U.S. Government to prioritize democracy and human rights in its engagement with Baku and examine the applicability of targeted sanctions against the most egregious violators of basic rights.

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
Relevant countries: 
Leadership: 
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  • First Person: #UkraineElections2019

    By Rachel Bauman, Policy Advisor and Kyle Parker, Senior Senate Staff Representative   Bright morning sunlight streamed through the windows of School No. 119 in Odesa as the first ballot was cast for the March 31 presidential election in Ukraine. We, along with our third team member, a Danish parliamentarian, had arrived an hour earlier to watch as a stern but amiable middle-aged woman—who seemed especially proud to speak Ukrainian to her Russian-speaking electoral commission colleagues—instructed them on proper procedure for the day. The ballot boxes must be sealed properly, privacy in the voting booths maintained, proper identification verified, and voter lists checked and double checked. Coffee, tea, and small talk were in good supply to combat the grogginess of a morning made even earlier by the switch to daylight savings time shortly after midnight on election day. This election, with 39 candidates vying for the presidency, required the longest ballot in Ukraine’s history at 80 centimeters (more than two and a half feet) long. Not only did this present a printing challenge, but we saw numerous voters seeming to wonder just how many folds would be needed to easily deposit their ballot through the narrow slot and preserve the secrecy of their selection. Ukraine’s election law is surprisingly strict in this regard and imposes criminal penalties on voters who deliberately reveal their selections, whether by showing someone personally, taking a picture of their ballot, or bringing someone else into the voting booth with them. Notably, we observed no incidence of anyone deliberately violating ballot secrecy. We were among over a thousand foreign observers of the election invited by the Government of Ukraine, consistent with its OSCE commitments. We joined approximately 100,000 domestic observers to inspect the nearly 30,000 electoral precincts across the country—excluding parts of the Donbas and Crimea, due to the ongoing war and Russia’s illegal occupation, respectively. All of the domestic observers that we encountered were observing on behalf of an individual candidate, usually for Yuriy Boyko, Petro Poroshenko, or Yulia Tymoshenko. We did not encounter any of the foreign and domestic NGOs also observing the election. Throughout the day, we traveled to numerous polling stations, spending almost an hour at each, to watch for irregularities or violations of election law. Most electoral commissioners went out of their way to proudly display what was an organized and transparent electoral system. All afforded us full access to every part of the voting process. A few commissioners even seemed flattered to host foreign observers from the OSCE, an acronym well known in Ukraine for the prominent role the OSCE has played in assessing previous elections, including those that led to the Orange Revolution in 2004 and that served to ratify the dramatic change of government in 2014. In any election observation, the most critical part of election day is the counting of ballots after the polls have closed and unused ballots have been checked against the total numbers of ballots issued and votes cast. With these procedures scrupulously followed, the chairwoman at the precinct where we were assigned gave the okay to open the ballot boxes and tally the votes. By that time, the sun had set and the flickering fluorescent lighting in the school hallway where the voting took place was so dim and distracting that everyone—commissioners, observers, and the school’s custodial staff—moved tables, chairs, and the sealed ballot boxes to a better lit atrium so a proper count could proceed. One by one, a grinning commissioner (we later discovered he was candidate Volodymyr Zelenskiy ’s representative on the commission) cut the plastic seals on each box and, with pomp, dumped their contents onto a table surrounded by other commissioners eager to see who won and to finish the work they had begun before sunrise, some 18 hours earlier. First, the control sheet deposited in each box before the polls opened was located and set aside. Then, the chairwoman divided the candidates among commissioners so they could begin to stack ballots as they were unfolded and inspected. On a few occasions, a voter’s selection was unclear and so the ballot was presented to the entire commission for scrutiny, followed by a vote on how and whether to record the ambiguous ballot. Many of the 39 candidates on the ballot received no votes and there was often a wisecrack and laughter when any of these candidates received a vote, or even two! Despite the daunting fullness of the ballot boxes, due in part to the physical size of the ballot, the count proceeded apace with only a couple instances of needing to recount a candidate’s stack of votes to reconcile the final numbers needed for the formal protocol. This document would soon be posted outside the precinct for public inspection and sent up the chain to be included in the national tally. Security throughout the count was so strict that an ailing observer was nearly prohibited from leaving the precinct while the count was underway. After seeking the approval of the commission chairwoman, police finally unlocked the doors and allowed the observer to depart. These rules, as explained to us, were in place to prohibit any ballots from being brought into or out of the precinct. Based on the increasing grumblings of commissioners as night turned to early morning, this prohibition on leaving seemed to motivate commissioners to stay focused on their duties lest they risk witnessing another sunrise at their polling station. The OSCE’s post-election preliminary statement corresponded to our observation of a smooth, even festive in some cases, electoral process that complied with Ukraine’s domestic laws and fulfilled the country’s international commitments. Given the frequent opportunities Ukraine has had to exercise its democratic muscle in recent years, few on the international observation mission led by the OSCE expected anything but the free and fair process we witnessed. As the gold standard of international election observation, the OSCE’s recommendations over many electoral cycles have helped Ukrainian officials to improve the conduct of their elections. Further, praise from the OSCE following election day is powerful validation of the process in the eyes of Ukraine’s voters and gives other states a democratic model to emulate. No sooner had the election ended than the hundreds of thousands of electoral commissioners overseeing Ukraine’s nearly 30,000 local electoral precincts started to prepare for the presidential runoff election on April 21—this time with just two names on the ballot and a decisive outcome. These commissioners are the unsung heroes of a maturing democracy that is simultaneously at war in the East and on an irreversible path to the West. At least they will get a proper break before having to, once again, regroup and oversee Ukraine’s parliamentary elections expected to take place in the fall of this year.

  • Wicker and Cardin Introduce Legislation to Defend U.S. Citizens and Diplomatic Staff from Political Prosecution in Turkey

    WASHINGTON—Sen. Roger Wicker (MS) and Sen. Ben Cardin (MD) today introduced the Defending United States Citizens and Diplomatic Staff from Political Prosecutions Act of 2019 (S. 1075) to address the ongoing wrongful detentions of U.S. citizens and diplomatic staff by the Government of Turkey. U.S. Senate Democratic Whip Dick Durbin (IL), who has actively supported efforts to secure the release of political prisoners around the world, is an original co-sponsor of the legislation, along with Sen. Marco Rubio (FL), Sen. Thom Tillis (NC), and Sen. Chris Van Hollen (MD). “More than two and a half years have passed since Serkan Gölge, an American citizen, was detained in Turkey. Since then, we have witnessed the sham convictions of two Americans, including Pastor Andrew Brunson, and one local employee of the U.S. government on baseless terrorism charges. At least two other local staff of our consulate in Istanbul continue to face similar politically-motivated convictions without credible evidence of wrongdoing,” said Sen. Wicker. “Turkish authorities should immediately cease this harassment of our citizens and personnel. The bipartisan measure we are introducing today puts Turkey on notice that it can either quickly resolve these cases and free our citizens and local staff or face real consequences. Turkey is a valuable NATO ally—I expect it to start acting like one.” “The Turkish government’s false imprisonment of Americans and Turkish citizens employed by the United States in Turkey is a gross violation of their human rights,” said Sen. Cardin. “Our bill makes clear that the United States will not tolerate years of Turkish recalcitrance on these cases. Officials in the Erdogan regime responsible for these crimes must be held accountable under Global Magnitsky standards for their ongoing injustices. I am eager to begin restoring constructive cooperation between our countries, but we simply cannot do so while these innocent men languish in wrongful and prolonged detention.” “These arbitrary arrests are yet another example of Turkey’s deteriorating democracy and respect for human rights under autocrat President Erdogan,” said Sen. Durbin.  “That Erdogan continues to jail a U.S. citizen and Turkish staff that work for our consulates, not to mention prop up Venezuela’s Nicolas Maduro, warrant greater action by the Trump Administration.” “Erdogan’s government continues to undermine the rule of law in Turkey, including by targeting American citizens and locally-employed U.S. diplomatic staff.  I’m proud to join this bipartisan effort to hold senior Turkish officials who are knowingly responsible for the wrongful detention of or politically-motivated false charges against American citizens and U.S. local employees at our diplomatic posts accountable,” Sen. Rubio said. “The Turkish government must live up to its commitment and act like a NATO ally if they wish to continue to be treated like one.” “While the Turkish government made a step in the right direction with the release of Pastor Andrew Brunson last October, more needs to be done for Turkey to show good faith and act like a NATO ally,” said Sen. Tillis, co-chair of the Senate Human Rights Caucus. “This bipartisan legislation will impose sanctions on those responsible for the wrongful imprisonments of American citizens and diplomatic staff, and I hope progress will be ultimately made through the release of Serkan Gölge and other U.S. citizens currently imprisoned in Turkey.” “Turkey’s blatant disregard for the rights of American citizens and diplomatic staff within their country is unacceptable. This legislation makes clear to Turkey that we will not accept the status quo. I urge the Senate to take up this bill immediately, so we can levy swift sanctions on senior Turkish officials and apply some serious pressure to get Turkey to release these wrongfully detained Americans and diplomatic staff,” said Sen. Van Hollen, co-chair of the Senate Foreign Service Caucus. The bill would require the U.S. administration to impose sanctions on all senior Turkish officials responsible for the wrongful detentions of U.S. citizens and staff, including barring the officials from travel to the United States and freezing any U.S. assets. It further calls on President Trump to urge Turkey to restore due process guarantees and respect for the fundamental freedoms of all its people, thousands of whom are victims of the same politically-motivated prosecution and indefinite detention. U.S. citizen and NASA scientist Serkan Gölge is one of several American citizens, including Pastor Andrew Brunson, who were caught up in the sweeping government-led purge that followed the 2016 coup attempt in Turkey. Brunson was convicted on fabricated terrorism charges and released in October 2018 but Gölge remains in jail serving a five-year sentence because of a similar conviction. He has been in jail since July 2016. Since early 2017, Turkish authorities have targeted three veteran Turkish employees of U.S. consulates in Turkey on trumped-up national security charges that appear to stem in part from routine contacts they maintained as part of their professional responsibilities. All three men have worked as locally employed staff of the United States Government in Turkey for more than three decades. A Turkish court in January 2019 convicted Hamza Ulucay, who was imprisoned since February 2017, on terrorism charges without any credible evidence of wrongdoing. He was sentenced to four and a half years in jail, but released on time served. Two other local staff from the U.S. Consulate General in Istanbul, Metin Topuz and Mete Canturk, remain in custody or under house arrest on similar trumped-up charges. After 18 months in jail, Metin had his first court hearing last month. The court adjourned his trial until May 15. In November 2017, the Helsinki Commission held a hearing on the detention of American citizens and U.S. consulate employees in Turkey. In the months prior to the hearing, Helsinki Commission leaders raised these cases in letters to President Erdogan and President Trump.

  • The U.S. must stand up to Erdogan and his politically motivated detentions

    Last fall, Americans rejoiced as the pastor Andrew Brunson, a North Carolina native, returned home after spending more than two years in Turkish prisons on baseless terrorism and espionage charges. A combination of congressional pressure and targeted sanctions on Turkish officials sent a clear message to President Recep Tayyip Erdogan that the United States would not tolerate his using Brunson as a pawn to extract political concessions. Faced with mounting political and economic costs, Erdogan caved. Sadly, the pastor’s release did not put an end to Erdogan’s hostage-taking. Today, the Turkish government continues to hold at least one American citizen and two Turkish employees of the U.S. government on false charges. Erdogan plans to inflict misery on these innocent people until he gets what he wants out of the United States — whether that is a green light to attack Kurdish strongholds in northern Syria, taking legal action against Fethullah Gulen and his followers in the United States, or U.S. acquiescence to Turkey’s purchase of a Russian air defense system. Such attempts at extortion are all the more galling coming from Turkey, an important NATO ally that is not acting like one. American citizen and NASA physicist Serkan Golge is serving a five-year prison sentence for alleged involvement in terrorism, despite no credible evidence of wrongdoing. Turkish police have also used false terrorism charges to detain three longtime Turkish employees of U.S. consulates in the country: Hamza Ulucay, Metin Topuz, and Mete Canturk. Golge and Topuz are in solitary confinement, where they have spent up to two-and-a-half years with only an hour of fresh air per week. Ulucay was released earlier this year after being held for nearly two years. Canturk remains under house arrest, and his family is subject to travel bans and regular police check-ins. These men are all innocent. Not only have they lost irreplaceable time with their families, but the physical and psychological toll of their ordeal also means they may never be the same once they regain their liberty. The United States did not tolerate the politically motivated detention and mistreatment of a U.S. citizen in the case of Pastor Brunson. We should not tolerate those acts now with Golge or longtime U.S. government employees. As the United States increased pressure on Turkey over Brunson, it simultaneously tried to cut a deal with Erdogan for the freedom of the other detainees. By now, it is abundantly clear that no amount of coaxing will secure their freedom. Any negotiation over their fate would only reward Erdogan’s bad behavior. As with Brunson, only stiff political and economic pressure will work. This week, I introduced the bipartisan Defending United States Citizens and Diplomatic Staff from Political Prosecutions Act of 2019, which would require the president to impose sanctions on all senior Turkish officials responsible for these wrongful detentions, including barring them from travel to the United States and freezing any assets they have here. The bill further calls on President Trump to urge Turkey to restore due-process guarantees and respect for the fundamental freedoms of all its people, thousands of whom are victims of the same sort of politically motivated prosecution and indefinite detention endured by our citizens and consulate personnel. The United States has a particular moral obligation to protect our own citizens. Golge’s wrongful imprisonment at the hands of the Turkish government cannot stand. We also have moral obligations to our local staff overseas. Thousands of citizens of other countries work at U.S. government facilities around the globe, lending their diverse expertise to critical U.S. missions, often at great risk to themselves and their families. The credibility of the United States is at stake in the eyes of these courageous individuals who place their trust and safety in our hands. The fate of their colleagues in Turkey weighs heavily on the minds of our consular staff, as it does on our national conscience. No effort should be spared until they are free.

  • U.S. senators introduce bill to sanction Turkish officials over detentions

    Two U.S. senators on Tuesday introduced a bipartisan bill requiring the imposition of sanctions on Turkish officials responsible for the detentions of U.S. citizens and local consulate staff in Turkey, a statement on the legislation said. The bill, introduced by Republican Senator Roger Wicker and Democrat Ben Cardin, also calls on President Donald Trump to urge Turkey to respect for the fundamental freedoms, saying thousands were victims of politically-motivated prosecution. “The Turkish government’s false imprisonment of Americans and Turkish citizens employed by the United States in Turkey is a gross violation of their human rights,” Senator Cardin said in the statement. “Our bill makes clear that the United States will not tolerate years of Turkish recalcitrance on these cases.” The detention of U.S. consulate workers and American citizens is one of many issues dividing NATO allies Ankara and Washington, also at loggerheads over Syria policy and Turkey’s planned purchase of Russian missile defenses. Their detentions prompted Washington in October 2017 to suspend all non-immigrant visa applications from the country, triggering a reciprocal move from Ankara that contributed to a deep crisis in bilateral ties. The bill introduced Tuesday would require the U.S. administration to impose sanctions on all senior Turkish officials responsible for the “wrongful” detentions of U.S. citizens and staff, including barring the officials from travel to the United States and freezing any U.S. assets. Turkey has detained tens of thousands of people following a failed coup in July 2016, saying they were linked with the network of Fethullah Gulen, a U.S.-based Islamic cleric blamed by Ankara for orchestrating the putsch. U.S. pastor Andrew Brunson was among those jailed in the aftermath of the coup. He was released last October. “While the Turkish government made a step in the right direction with the release of Pastor Andrew Brunson last October, more needs to be done for Turkey to show good faith and act like a NATO ally,” said Republican Senator Thom Tillis, one of six original sponsors of Tuesday’s bill. Serkan Golge, a dual Turkish-U.S. citizen, was found guilty of being a member of an armed terrorist organization earlier this year and sentenced to seven years, six months in prison. Three other Turkish citizens who were working at the U.S. consulates in Turkey have been under investigation or jailed over similar charges. A Turkish court last month ruled that one of the consular workers, Metin Topuz, a translator and fixer in Istanbul, should remain in jail until his trial resumes in June.

  • Helsinki Commission Briefing to Explore Recent Developments in Hungary

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: DEVELOPMENTS IN HUNGARY Tuesday, April 9, 2019 10:00 a.m. Longworth House Office Building Room 1539 Live Webcast: www.facebook.com/HelsinkiCommission At this Helsinki Commission briefing, panelists will explore recent developments in Hungary, including issues related to the rule of law and corruption. The following panelists are scheduled to participate: Susan Corke, Senior Fellow and Director, Transatlantic Democracy Working Group, German Marshall Fund Melissa Hooper, Director of Human Rights and Civil Society, Human Rights First Dalibor Rohac, Research Fellow, American Enterprise Institute

  • Helsinki Commission Marks Fifth Anniversary of Illegal Referendum In Crimea

    WASHINGTON—Ahead of the fifth anniversary of the illegal Russian-organized referendum in Crimea, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Five years ago, the Government of Russia tried to legitimize its illegal occupation of Crimea by organizing a fake referendum in Ukrainian territory.  By orchestrating this so-called vote, the Kremlin blatantly flouted international law. By definition, citizens living under armed occupation lack the freedom to determine their collective destiny.  “This tragic anniversary also reminds us of the suffering this occupation continues to inflict on innocent Ukrainian citizens who have been forced to flee Crimea, as well as on those who remain behind. Ethnic minorities such as Crimean Tatars and activists who object to the illegal Russian occupation, including Oleg Sentsov, are targets of persecution and violence by the Government of Russia. “We will not forget; Crimea is Ukraine.”  Russian forces first invaded Crimea in February 2014. Since then, the Helsinki Commission has hosted numerous hearings and briefings on the war in Ukraine, including an April 2014 hearing with then-Assistant Secretary of State Victoria Nuland; December 2015 and November 2016 briefings on human rights violations in Russian-occupied Crimea; an April 2017 briefing on Oleg Sentsov and Russia's human rights violations against Ukrainian citizens; a May 2017 hearing on the growing Russian military threat in Europe; and briefings with Alexander Hug, then-Principal Deputy Chief Monitor of the OSCE Special Monitoring Mission to Ukraine, and Kurt Volker, U.S. Special Representative for Ukraine Negotiations.

  • Chairman Hastings Welcomes Release of Country Reports on Human Rights

    WASHINGTON—Following yesterday’s release by the State Department of the Country Reports on Human Rights Practices for 2018, Helsinki Commission Chair Rep. Alcee L. Hastings (FL-20) issued the following statement: “I welcome the release of this year’s Country Reports on Human Rights Practices. These reports, mandated by law and prepared by the Department of State, exemplify Congress’ intent to keep human rights front and center in U.S. foreign policy. As members of Congress consider foreign assistance and military aid, as we build alliances and take the measure of our foes,  these reports help ensure that democracy and fundamental freedoms are given full consideration.” The annual Country Reports on Human Rights Practices cover internationally recognized individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights and other international agreements. The State Department must submit these reports to Congress on an annual basis, in accordance with the Foreign Assistance Act of 1961 and the Trade Act of 1974, which require that U.S. foreign and trade policy take into account countries’ performance in the areas of human rights and workers’ rights.

  • Remembering Boris Nemtsov

    Madam President, on Sunday, February 24, thousands of people marched in Moscow and in cities across Russia to remember Boris Nemtsov, a Russian statesman and friend of freedom who was gunned down in sight of the Kremlin walls 4 years ago. These people were honoring a Russian patriot who stood for a better future--a man who, after leaving the pinnacle of government, chose a courageous path of service to his country and his fellow Russians. Boris Nemtsov was a man who walked the walk. When others were silent out of fear or complicity, he stood up for a future in which the Russian people need not risk jail or worse for simply wanting a say in how their country is run. Sadly, since Mr. Nemtsov's assassination, the risks of standing up for what is right have grown in Russia. With every passing month, ordinary citizens there become political prisoners for doing what we take for granted here in the United States--associating with a political cause or worshipping God according to the dictates of one's conscience. Last month alone, in a high-profile case, a mother was jailed for the crime of being a political activist in Russia. She was kept from caring for her critically ill daughter until just hours before her daughter died. Jehovah's Witnesses have been sentenced to years behind bars for practicing their faith. Also, a leader of a small anti-corruption organization was beaten to death with metal rods on the outskirts of Moscow. This was all just in February, and it is not even a comprehensive account of the Russian state's using its powers not against real enemies but against its own people--peaceful citizens doing what peaceful citizens do. As for the Nemtsov assassination, 4 years later, justice has yet to be served. It appears that President Putin and his cronies have little interest in uncovering and punishing the masterminds behind Russia's highest profile killing in recent memory. While a few perpetrators who had been linked to the Kremlin-appointed leader of Chechnya, Ramzan Kadyrov, were convicted and sent to prison, Mr. Nemtsov's family, friends, and legal team believe the organizers of his murder remain unidentified and at large. I understand that Russia's top investigative official has prevented his subordinates from indicting a close Kadyrov associate, Major Ruslan Geremeyev, as an organizer in the assassination, and the information linking Geremeyev to Mr. Nemtsov's murder was credible enough for a NATO ally to place Geremeyev on its sanctions list. Yet there has still been no indictment. Russian security services continue to forbid the release of footage from cameras at the site of the assassination. Russian legal authorities refuse to classify the assassination of a prominent opposition leader and former First Deputy Prime Minister as a political crime. Despite all of this, they have declared the case solved. Given this pattern of deliberate inaction on the part of Russian authorities, the need for some accountability outside of Russia has grown more urgent. Russia and the United States are participating States in the Organization for Security and Cooperation in Europe, or the OSCE, and have agreed that matters of justice and human rights are of enough importance to be of legitimate interest to other member states. Respect for these principles inside a country is often a predictor of the country's external behavior. So countries such as ours have a reason to be involved. At the recent meeting of the OSCE's Parliamentary Assembly, we began a formal inquiry into Mr. Nemtsov's unsolved murder and have appointed a rapporteur to review and report on the circumstances of the Nemtsov assassination as well as on the progress of the Russian investigation. As the chair of the U.S. delegation to the OSCE Parliamentary Assembly, I supported this process from its conception at an event I cohosted last July in Berlin. Yet, as the United States of America, there is more we can do. To that end, I am glad to cosponsor a resolution with my Senate colleagues that calls on our own government to report back to Congress on what we know of the circumstances around Boris Nemtsov's murder. This resolution also calls on the Treasury Department to use tools like the Magnitsky Act to sanction individuals who have been linked to this brutal murder, such as Ruslan Geremeyev. We hear constantly from Russian opposition figures and civic activists that personal sanctions, such as those imposed by the Magnitsky Act, have a deterrent effect. Vladimir Putin has made it abundantly clear that these sanctions, based on personal accountability, are more of a threat to his regime than blunter tools, such as sectoral sanctions, that often feed his propaganda and end up harming the same people we are trying to help in Russia—innocent citizens. To its credit, the Trump administration has done a better job than had the previous administration in its implementing of the new mandates and powers Congress authorized in both the Russia and Global Magnitsky Acts. We are in a much different place than we were when these tools were originally envisaged nearly 10 years ago. The administration is mandated to update the Magnitsky Act's list annually, with there being a deadline in December that sometimes slips into January. Now it is already March, and we have yet to see any new designations under the law that the late Mr. Nemtsov himself called the most pro-Russian law ever adopted in a foreign legislature. While the law has been lauded by Russian democrats, it is rightly despised by those like Vladimir Putin who abuse and steal from the American people. Recall that it was at the Helsinki summit late last summer between the leaders of Russia and the United States of America—perhaps the grandest stage in U.S.-Russian relations in a decade—where Mr. Putin himself requested that his investigators be able to depose U.S. officials most closely associated with passing and implementing the Magnitsky law, as if they were criminals. We need to show the Russian dictator that this sort of bullying will not stand and that we will continue to implement the Magnitsky Act thoroughly and fairly. A year ago, I participated—along with many of my colleagues in the House and Senate—in the unveiling of Boris Nemtsov Plaza in front of the Russian Embassy here in Washington, DC—the first official memorial to Boris Nemtsov anywhere in the world. One day, I hope there will be memorials to Boris Nemtsov all across Russia, but the best tribute to his memory will be a Russia he wanted to see, a just and prosperous Russia, at peace with its neighbors and a partner with the United States. I yield the floor.

  • Chairman Hastings Remembers 27th Anniversary of Khojaly Massacre

    WASHINGTON—On the 27th anniversary of the Khojaly Massacre, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “Khojaly, a town in the Republic of Azerbaijan, was home to a barbaric act of brutality that desecrated the norms and principles of international law, human rights, and freedoms. Armenian forces, with the support of the 366th motorized rifle regiment of the Russian army, stormed the besieged town of Khojaly engaging in acts so violent that their effects are still felt in the community, indeed the entire country, to this day… “Marking the anniversary of a tragedy is always a solemn occasion. However, as a member of the Azerbaijan Caucus, I believe it is important to recognize and remember those whose lives were lost. I ask my colleagues to join me in offering condolences to the people of Azerbaijan.” Chairman Hastings’ full statement was entered into the Congressional Record. On February 26, 1992, during the brutal war between Armenia and Azerbaijan, hundreds of Azerbaijani men, women, and children were killed by Armenian forces in Khojaly, in Nagorno-Karabakh.  

  • Chairman Hastings Marks One-Year Anniversary of Jan Kuciak’s Murder

    WASHINGTON—On the one-year anniversary of the murder of Slovak investigative journalist Jan Kuciak and his fiancée, Martina Kusnirova, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “I support and applaud the people of Slovakia who have courageously demonstrated their unwavering support for democracy in the aftermath of this terrible double murder. They have been a stirring example to those citizens across the OSCE region who are fighting to protect a free and independent press. “Whenever journalists are murdered or attacked, there must be a credible investigation and meaningful accountability.  The ability of journalists to report the news is nothing less than the right of every person to know the facts and make informed decisions about the issues affecting their lives.” On February 21, 2018, 27-year-old Jan Kuciak and his fiancée, Martina Kusnirova, were shot to death in Kuciak’s apartment.  The murder shocked the country and sparked the largest public protests since the 1989 Velvet Revolution. The wave of demonstrations eventually led the Prime Minister, Minister of Interior, and other senior officials to resign.  Four people have been arrested in direct connection with the case and the investigation is ongoing.  In 2017 and 2018, several other journalists investigating public corruption in Europe and Eurasia were murdered for their work. In a May 2018 briefing, the Helsinki Commission examined the assassinations of investigative journalists throughout Europe and Eurasia—including Kuciak and Daphne Caruana Galizia of Malta—why they are targeted, and how future murders can be prevented. At the most recent OSCE Ministerial Council meeting, in December 2018, the participating States expressed particular concern about the climate of impunity that prevails when violent attacks committed against journalists remain unpunished.   

  • Wicker, Cardin Condemn Detention of Russian Activist Nastya Shevchenko

    WASHINGTON—Sen. Roger Wicker (MS) and Sen. Ben Cardin (MD) today issued the following statements on the detention of Anastasia (Nastya) Shevchenko, a human rights activist with the Open Russia organization, who was placed under house arrest on January 23: “No one should face jail time for peaceful advocacy,” said Sen. Wicker. “The callous and cruel treatment of Nastya Shevchenko by Russian authorities is a disturbing tactic to silence a citizen-activist.” “The Russian authorities must release Nastya Shevchenko,” said Sen. Cardin. “It should not be a crime to advocate for the best interests of one’s country and fellow citizens.” Shevchenko is the first Russian to face criminal charges under Russia’s 2015 “undesirable organizations” law, which is intended to prevent NGOs based outside of Russia from operating within the country. A single mother, she was prevented from visiting her critically-ill special needs daughter until shortly before her daughter’s death at the end of January. Open Russia is a Russian-led, Russia-based organization that advocates for greater government transparency and accountability. Amnesty International has declared Shevchenko a prisoner of conscience.

  • First Person: Wood Smoke and Expectation

    By Stacy Hope, Communications Director When I checked in to my hotel room in Yerevan, Armenia, on December 6, it smelled faintly—not unpleasantly—of wood smoke. I never did find the source, but to me, the smell of wood smoke in December has always been a harbinger of good things to come. It reminds me of cozy evenings with family by the fireplace, talking about the hopes and expectations we have for the new year, even if the weather is frigid and damp and other circumstances are less than ideal. It is the aroma of expectation. It seemed fitting that wood smoke welcomed me to Armenia for December’s historic elections. In April, Armenia’s Prime Minister Serzh Sargsyan, who had served as the country’s president since 2008, resigned less than one week after taking office for what was perceived by many to be a de facto third term. His resignation was sparked by popular protests against Sargsyan and his Republican Party, led by opposition politician Nikol Pashinyan, who was later elected interim Prime Minister. On October 16, Prime Minister Pashinyan resigned abruptly, forcing the country’s first-ever snap parliamentary elections on December 9. I traveled to Armenia as part of the OSCE Parliamentary Assembly’s election observation mission, organized in coordination with the OSCE Office of Democratic Institutions and Human Rights (ODIHR). The OSCE PA observation mission included approximately 50 short-term observers from 17 of the OSCE’s 57 participating States. Our pre-election briefings featured briefings by analysts, civil society, members of the media, and party representatives. Parties in Armenian politics have traditionally been associated with specific personalities, rather than domestic or foreign policy. However, according to interlocutors, this campaign was different. While the personalities of party leaders still play an important role, for the first time a nearly equal focus was placed on policies. This was highlighted by the country’s first-ever televised parliamentary debate, which aired on Armenian public television on December 5 and generated widespread excitement throughout the country. Previous elections in Armenia had been marked by allegations of election fraud, including abuse of state resources, pressure on civil servants, outright vote-buying, and undue influence of the ruling party on the media. Among the media representatives in particular, there was a tangible sense of hope, accompanied by an equal amount of trepidation, that things were changing for the better. In the past, several speakers noted, they had been explicitly directed (“we received phone calls”) by the party in power as to which candidates should be covered, how, and for how long. Now, they noted, there were no phone calls. They were flying blind—coverage decisions were completely at their discretion, as long as they remained within the guidelines of the electoral code. That freedom was unprecedented, exhilarating, and a little bit intimidating. * * * On the morning of December 9, my election observation partner—a British parliamentarian—and I arrived before sunrise at our first polling station in Yerevan. In the city, streetlights turn off in the early hours of the morning, so we gingerly picked our way in near-blackness around potholes and through puddles to the front door of a local school. Upon our arrival, we were welcomed by the head of the polling station, an enthusiastic and competent woman who proudly showed us where voting would take place: the large hallway/common area on the second floor of the building. Like most of the polling stations we would visit throughout the day, it was staffed predominantly by women, many in their mid-to-late twenties. Another thing it had in common with most of the precincts we visited: it was totally inaccessible to anyone in a wheelchair or who could not easily navigate stairs.  We remained at the first polling station to observe pre-election procedures as well as the first several voters. We then departed to observe 10 other polling stations, all of which were located in Armavir, the province directly to the west of the city. Outside a polling station in Armavir, where a full list of voters registered at that location was displayed publicly, in line with the electoral code. The polling stations in Armavir ranged from substantially urban to relatively rural and were generally located in schools or “cultural centers”—desolate-looking structures built during the Soviet era, which are still used for civic events, including elections. Throughout the day, we observed very few irregularities and an obvious commitment by poll leaders and workers to faithfully follow election procedures. In addition to our own observation, most of the polling stations we visited were being observed by representatives of each of the political parties, known as “proxies.” We also encountered a few citizen observers. My observation partner and our interpreter speak with a poll worker. One particularly charming ritual we observed in two of the polling stations we visited was the recognition by the poll workers and others in the polling station of first-time voters. When new voters cast their ballots, they were ushered to the center of the room by poll workers and awarded, to a round of applause, a commemorative pin. Almost without fail, the new voters blushed and hurried out of the polling station, embarrassed but unable to hide their smiles. At the end of the day, we returned to the school in Yerevan to observe the polling station’s closing and counting procedure. At some point during the very long day, the vibrant leader of the polling station had contracted a head cold and nearly lost her voice. (She offered us snacks—we offered her cough drops. Both offers were gratefully accepted.) Despite her illness, she persevered, counting by hand the more than 900 ballots cast in her precinct among the 11 political parties and alliances competing in the election. Observed closely by party proxies, the leader of a polling station in Yerevan sorts and counts ballots. I returned to my hotel room—still faintly scented with wood smoke—after midnight, hoping that the high expectations of many of the Armenians we met had been fulfilled. * * * In a landslide victory, Pashinyan’s MyStep alliance surged from just nine seats (7.8 percent of the vote) in 2017 to 88 seats (70.4 percent of the vote). The joint preliminary statement by international election observers from the OSCE, the OSCE PA, the Parliamentary Assembly of the Council of Europe, and the European Parliament reflected my own impressions: that the December 9 election process respected citizens’ fundamental freedoms and enjoyed broad public trust. Almost without exception, other international observers shared my sense that the polling stations were efficiently and professionally run. The overall campaign featured open political debate, including in the media, and the lack of vote-buying or similar examples of election fraud meant that the elections were genuinely competitive. Election turnout hovered just under 50 percent—low by Armenian standards, but according to many election analysts, not entirely negative. The relatively low voter turnout (12 percent lower than in the previous election) could likely reflect a lack of the vote-buying and bribery that would encourage otherwise apathetic voters to turn out in droves. Peter Osusky, leader of the short-term OSCE observer mission, noted, “Now that voters have delivered their message, it is up to the political leadership of Armenia to ensure that this momentum is maintained.”

  • December 1, 1991

    By Alexa Zouboukos, Intern On December 1, 1991, 84 percent of eligible voters in Ukraine exercised their democratic rights in a referendum on independence and the election of their president, peacefully transferring power after the long struggle of the Cold War. If the fall of the Berlin Wall signaled a symbolic end to the war, then Ukraine partaking in the democratic process was a concrete outcome. Three U.S. Helsinki Commission staffers sent to monitor the elections—Orest Deychakiwsky, Michael Ochs, and Heather Hurlburt—reported on the implementation of regulations that we recognize in today’s U.S. elections. Some of these regulations included the collection of a certain number of signatures for a candidate to be placed on the ballot, campaign finance laws, and the methodology for marking and counting ballots. Despite many accounts of a free and fair election, however, there were also indicators of information suppression. Helsinki Commission staff noted that there were reports of pro-independence literature being withheld from Crimea and Mykolaiv. Limits to the free flow of information were not the only threat Ukrainians faced, but also “dark warnings by Mikhail Gorbachev, by the central Soviet media and, to some extent, Russian media about the difficulties and dangers Ukrainian independence would pose to Ukrainians themselves, to their neighbors and to international stability.” These threats to the will of Ukrainian people did not dampen their spirits; in fact, according to the report, “many Ukrainians later told Helsinki Commission staff that such attempts to intimidate them only made them more determined to see their cause through to the end.” Ukrainian citizens demonstrated this determination through a landslide referendum. Three-quarters of participants voted in favor of independence. Helsinki Commission staff also observed a distinct feeling of festivity at polling stations, reinforced by the testimonies of Ukrainians previously imprisoned in Siberia who said that this day was the realization of a long-held dream of independence from the Soviet Union. Ukrainians were aware that there would be greater struggles ahead, but also recognized that these could be opportunities to exercise their new sovereignty. December 1, 1991 did not mark the end of Ukraine’s conflicts with Russia, but it did finally allow Ukrainians to exercise rights that were long suppressed under the Soviet yoke.

  • Lies, Bots, and Social Media

    From the latest revelations about Facebook to ongoing concerns over the integrity of online information, the U.S. public has never been more vulnerable or exposed to computational propaganda: the threat posed by sophisticated botnets able to post, comment on, and influence social media and other web outlets to generate a desired outcome or simply sow distrust and disorder.  What can be done to confront and defeat these malevolent actors before they dominate civil discourse on the Internet? One possibility is the use of algorithmic signal reading which displays for users the geographic origin of a given post. Another answer may lie in improving how websites like Facebook curate their content, so the user can make more informed choices.  At this Helsinki Commission briefing, distinguished experts examined the implications of computational propaganda on national and international politics and explored options available to Congress and the private sector to confront and negate its pernicious influence.

  • Helsinki Commission Briefing to Examine Computational Propaganda

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing:   LIES, BOTS, AND SOCIAL MEDIA What is Computational Propaganda and How Do We Defeat It? Thursday, November 29, 2018 10:30 a.m. Senate Dirksen Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission From the latest revelations about Facebook to ongoing concerns over the integrity of online information, the U.S. public has never been more vulnerable or exposed to computational propaganda: the threat posed by sophisticated botnets able to post, comment on, and influence social media and other web outlets to generate a desired outcome or simply sow distrust and disorder.  What can be done to confront and defeat these malevolent actors before they dominate civil discourse on the Internet? One possibility is the use of algorithmic signal reading which displays for users the geographic origin of a given post. Another answer may lie in improving how websites like Facebook curate their content, so the user can make more informed choices.  At this Helsinki Commission briefing, distinguished experts will examine the implications of computational propaganda on national and international politics and explore options available to Congress and the private sector to confront and negate its pernicious influence. Expert panelists scheduled to participate include: Matt Chessen, Acting Deputy Science and Technology Advisor to the Secretary of State, U.S. Department of State Karen Kornbluh, Senior Fellow and Director, Technology Policy Program, The German Marshall Fund of the United States Nina Jankowicz, Global Fellow at the Woodrow Wilson International Center for Scholars' Kennan Institute

  • Interview with Georgia Holmer, Senior Adviser for Anti-Terrorism Issues, Organization for Security and Cooperation in Europe

    By Yena Seo, Communications Fellow Georgia Holmer, an expert on counterterrorism policy, recently visited the Helsinki Commission offices to discuss her portfolio at the Anti-Terrorism Issues Unit in the Transnational Threat Department at the OSCE Secretariat. At the OSCE, she oversees policy support and capacity building work on preventing and countering violent extremism and radicalization that lead to terrorism (VERLT). Ms. Holmer gave a short interview on her position at the OSCE and explained why she sees a human-rights based approach to counterterrorism to be critical. Holmer, who has worked on counterterrorism issues for over 20 years, observed that she “lived through an evolution in the U.S. government’s approach to terrorism that was quite extraordinary.” After spending 10 years as a terrorism analyst for the FBI, Holmer helped build analytic capacity at the Department of Homeland Security and taught classes on understanding radicalization. Later she directed the Countering Violent Extremism (CVE) program at the United States Institute of Peace, where she helped develop a strategic approach to violent extremism that harnessed peacebuilding tools. “We went from approaching terrorism as a security threat in which operations needed to be disrupted to realizing that there also had to be something done to prevent people from joining these groups and movements in the first place,” Holmer explained. “Not only did we begin to understand and address the root causes of terrorism but increasingly there was a realization that repressive measures in counterterrorism could actually exacerbate the problem. Upholding human rights as part of the effort to counter terrorism is necessary and can contribute to preventing violence in the long term.” Holmer acknowledged some of the pitfalls and counterproductive measures to be avoided in counterterrorism: a lack of due process and clear legislation, abusive treatment in detention facilities, and stigma and censorship against certain religious and ethnic groups can also fuel terrorist agendas and draw more people to violent extremism. These ideas led Holmer to pursue a degree mid-career in international human rights law at Oxford University. In 2017, Holmer was offered a position at the OSCE, and was drawn to its comprehensive approach to security. “I thought, here is a chance to work for an organization that had both a counterterrorism mandate and a human rights mandate. I think it’s a necessary marriage.” She sees the work she does in the prevention of VERLT to be directly relevant to human rights. “Programs to prevent radicalization that leads to terrorism not only ensure security, but they also help build more inclusive, resilient and engaged communities. This can also be understood inversely – upholding human rights is a pathway to preventing terrorism.” Holmer was further drawn to the OSCE because of its operational focus, pointing to the organization’s robust field operations presence. She stressed that the organization’s “on-the-ground presence” – particularly in the Western Balkans and Central Asia – allows it to develop close working relationships with governments and policymakers, giving it “a different level of reach.” For example, OSCE field missions in Dushanbe and Skopje have helped to convene stakeholders for important discussions, coordinate funders, and organize external partners for project implementation. Holmer considers the OSCE’s structure a strength when it comes to countering violent extremism. Holmer explained that because the OSCE is a political organization, its structure and activities invite states and other stakeholders to exchange ideas frankly. The OSCE’s annual counterterrorism conferences allow participating States to share opinions in a productive and meaningful manner. The OSCE frequently convenes policy makers and practitioners from its participating States to discuss measures to prevent radicalization leading to terrorism. Various seminars, workshops, and conferences have introduced concepts of prevention and helped advance the role of civil society in countering violent extremism. Holmer observed that while there is no “one-size-fits-all solution,” the organization regularly emphasizes the sharing and implementation of good practices. She also added that sharing good practices is only effective when efforts are made to tailor responses and approaches to a specific context. Measures to prevent need to incorporate an understanding of the nature of the threat in any given environment. She said the ways that individuals radicalize and the dynamics that influence people to become engaged in violent extremism differ. “What works in a rural village in Bosnia-Herzegovina versus what might work in Tajikistan might be completely different.” Holmer believes that through her role as Senior Adviser, she can continue working with member states to pursue “good practices” in the prevention of VERLT and support anti-terrorism within a human rights framework. “The aim of our work at the OSCE is to support participating states with the tools, the policy and legal frameworks they need to address these complicated challenges.” For more information, contact Alex Tiersky, Senior Policy Advisor for Global Security and Political-Military Affairs.

  • The Cold War Is Over, But The OSCE's Value Is Timeless

    History has shown that robust engagement in multilateral arenas represents long-term realism: to lead, we must be involved; to protect our national interests and the principles we hold dear, we must remain engaged; and to inspire those who suffer every day under authoritarian regimes, we must hold our own country to the highest standards on the world stage. Unfortunately, efforts to maintain America’s preeminence in the world have come under increasing pressure in recent years. These challenges are not isolated and are waged on many fronts – economically, militarily, and diplomatically. Some may use these challenges as an excuse to retreat, claiming that engagement in international organizations like the Organization for Security and Cooperation in Europe (OSCE) adds no value. We believe that quite the opposite is true. If we want to continue to lead, protect, and inspire, we need the OSCE’s opportunities for multilateral engagement more than ever. Amid the alphabet soup of institutional acronyms, many Americans probably have not heard of the OSCE, let alone know that it is the largest regional security organization in the world. Comprising 57 countries, it links Vancouver in the West to Vladivostok in the East, spanning North America, Europe, and Central Asia. We are members of the organization’s Parliamentary Assembly, where we have represented our country and our principles in a forum of international lawmakers for a combined 34 years. We have engaged the OSCE, as a whole, even longer. We know firsthand the value of U.S. leadership and sustained high-level engagement in the organization – and conversely, we know the enormous risks that would come with retreat. A Broader Definition of Security The essential, enduring value of the OSCE can be traced back to its founding and the ideological transformation that it quietly unleashed. In the 1950s, the Soviet Union first conceived the idea of the Helsinki Final Act. The founding charter of the Conference on Security and Cooperation in Europe, or CSCE, later institutionalized as today’s OSCE, would eventually be signed in 1975. Moscow saw the document as a way to validate post-World War II border changes and tighten its stranglehold on Eastern Europe. The Kremlin, no doubt, also hoped to create an alternative to NATO and weaken U.S. ties to Europe. As troops massed along the Iron Curtain after the Soviet-led invasion of Czechoslovakia in 1968, Europe began to see some value in greater East-West engagement. The United States saw the Soviet proposal as a damage-mitigation exercise at best. Secretary of State Henry Kissinger famously decried the Helsinki Final Act, saying, “They can write it in Swahili for all I care… The Conference can never end up with a meaningful document.” Opposition to the Helsinki Final Act was not limited to Foggy Bottom. The Wall Street Journal published the editorial “Jerry, Don’t Go” just prior to President Ford’s departure to sign the document in Finland, reflecting widespread opposition from U.S. foreign policy hawks and Americans across the country who descended from the “captive nations” of Eastern Europe. What most observers at the time overlooked, however, was the Helsinki Final Act’s uniquely comprehensive definition of “security.” The Act contains 10 principles guiding inter-state relations, including respect for human rights and fundamental freedoms; respect for sovereign equality; recognition of the territorial integrity of states; and the commitment of states to fulfill in good faith their obligations under international law. The integration of human rights into a concept of security was revolutionary. The Act also provided that any country signatory could publicly challenge any other country that wasn’t living up to Helsinki principles, either internally or externally. This was remarkable for its time. These two innovations made the Act a rallying point for human rights advocates everywhere, especially dissident movements in the one-party communist states of the Soviet bloc. Groups like Charter 77 in Czechoslovakia, Solidarity in Poland, and other monitoring groups in the Soviet Union and Baltic States that were crucial to the eventual collapse of communism in Europe relied on Helsinki commitments in their advocacy. With U.S. leadership, meetings of the CSCE also became venues for frank exchanges, where countries committing human rights abuses were named and victims identified. The strongest weapons in the U.S. arsenal – democratic ideals, market principles, and the primacy of individual rights – rallied European friends and allies, attracted Soviet satellites, and left Moscow isolated, if not fully convinced. Today's Inflection Point We were both serving in the House of Representatives shortly after the Soviet Union collapsed in the early 1990s. We were aware that the transitions ahead would be difficult, particularly as horrific ethnic cleansing spread in the Balkans and a brutal war was waged in Chechnya. Although we were on opposite sides of the aisle, we were joined in our conviction that liberal democracy would ultimately prevail throughout Europe and into Central Asia. Unfortunately, our confidence was dramatically misplaced. Thirty years later, instead of the peace and prosperity we expected in the OSCE region, we are at an inflection point, faced with uncertainty and the increasing erosion of the security framework that followed the Cold War. In recent elections, we’ve watched nationalist parties gain a strong foothold in Europe. NATO ally Turkey – one of the world’s most oppressive regimes toward journalists – is succumbing to authoritarian rule, weakening checks on executive power and targeting more than 100,000 perceived opponents of the ruling party in sweeping purges. Vladimir Putin continues to violate the sovereignty and territorial integrity of not just Ukraine – where, in areas controlled by Russia, pro-Ukrainian sentiment is met with imprisonment, torture, or death – but also Georgia, where Russia has occupied 20 percent of the country’s territory for more than a decade. The Russian government supports separatists in the Transnistrian region of Moldova, interferes in elections in the United States and Europe, and undermines faith in democratic governments worldwide through cyberattacks and information warfare. An era of increasing nationalism, Kremlin revisionism, and rising authoritarianism may not, at first, seem to be the best moment to revitalize multilateral diplomacy. But it has been, and will continue to be, in our national interest to promote democracy, the rule of law, and human rights around the world – just as we did more than 40 years ago in the Finnish capital. Those Helsinki commitments, and their institutionalization over time, empower us to stand up for our values and for comprehensive security at a time in which we absolutely must. In April 2017, we – along with every other senator currently serving on the Helsinki Commission – introduced a resolution urging President Trump to recognize the importance of the Helsinki Final Act and the OSCE as well as their relevance to American national security. We hope the administration will endorse this effort. A Record of Results The value of the OSCE and the effectiveness of American involvement are evident in the organization’s more recent evolution and achievements. This is no Cold War relic. We have seen examples of multilateral success in many initiatives, beginning with its quick embrace of newly independent states, from the Balkans to Eastern Europe and Central Asia. As multiethnic states broke apart, the OSCE created a high commissioner on national minorities in 1992 to address ethnic tensions and proactively prevent conflict between or within states over national minority issues. Participating states developed mechanisms to respond to the most recalcitrant actors, such as the unprecedented suspension of Yugoslavia the same year for the “clear, gross, and uncorrected” violations of Helsinki principles by the regime of Slobodan Milosevic against Bosnia and Herzegovina. Under OSCE auspices, internal political confrontations in Serbia in 1996 and Albania in 1997 were resolved through high-level engagement before they became a broader threat to peace and prosperity in Europe. The United States led the way, generating the political will to act quickly and with resolve. Robust field missions also were created in the 1990s to respond to conflicts, first in the Balkans and then extending into Eastern Europe, the Caucasus, and Central Asia. In some places, such as Kosovo, the OSCE often was the only acceptable international monitor or facilitator on the ground, serving as the eyes and ears of the international community, bringing opposing sides together, and mitigating spillover effects in neighboring countries. Today, the OSCE’s civilian Special Monitoring Mission (SMM) to Ukraine is the only independent observer group in the war zone. Established in 2014 to monitor implementation of the Minsk Agreements, its approximately 700 monitors provide clear and unbiased reporting of ceasefire violations and human costs of the conflict. Approximately half of the U.S. contribution to the OSCE goes toward funding the SMM. The mission faces challenges, including attempts to sabotage its work and concerns about security. The latter was tragically demonstrated by the death of Joseph Stone, a U.S. paramedic killed last year when his vehicle struck a landmine in separatist-controlled territory. Without the SMM’s reporting, however, we would lack critical information to understand and address ongoing Russian aggression against Ukraine. Kremlin propaganda would have a clear field to disguise the true nature and scale of the conflict. The OSCE also sets the gold standard for election observation across the region. The organization’s trained observers partner with international lawmakers, including ourselves, to analyze election-related laws and systems and the effectiveness of their implementation. The evaluations that these missions produce are critical benchmarks for OSCE countries and support U.S. efforts to promote human rights, democracy, and the rule of law around the world. Pressure from the organization and its participating states has been a major factor in the release of political prisoners in countries like Azerbaijan. For example, the OSCE Office for Democratic Institutions and Human Rights, the OSCE Representative on Freedom of the Media, and the OSCE Parliamentary Assembly publicly condemned Baku for its targeting of investigative journalist Khadija Ismayilova and the broader use of its judicial system to repress political opponents, journalists, and minorities. The Helsinki Commission also weighed in. In May 2016, Ismayilova was released from prison. Our actions in this and similar cases demonstrate global leadership. We welcome the recent nomination of a new U.S. permanent representative to the OSCE. This important post has remained vacant for far too long. We urge our Senate colleagues to swiftly consider the nominee, who will be responsible for leading America’s vigorous defense of democracy and human rights in the region. Let us also not overlook the fact that our work in the OSCE in relation to Russia is not simply to counter Moscow’s anti-democratic ambitions. Follow-up meetings to the original Conference on Security and Cooperation in Europe became one of a shrinking number of places where East-West dialogue could take place during the Cold War. Likewise, after Russia was suspended from the G8 in March 2014, today’s OSCE provides one of the few remaining opportunities to engage with Russia and hold the Kremlin accountable to principles it has endorsed. Russian Foreign Minister Sergei Lavrov attends OSCE ministerial meetings, where he easily – and with great success – engages with senior officials from around the region. That alone should encourage our secretary of state to be present. Secretary Tillerson attended the 2017 ministerial, and we urge Secretary Pompeo to do the same. Future Challenges Along with successes, we also have seen areas where multilateralism has fallen short. Areas like Nagorno-Karabakh, Transnistria, Chechnya, Abkhazia, and South Ossetia have consumed OSCE attention and resources, but unfortunately, the organization’s actions have not thawed these frozen conflicts. The OSCE may have kept things from getting worse than they might have been otherwise; this is something to praise, but cannot yet be counted as a win. These efforts have been hindered in part by the otherwise positive requirement that major decisions in the organization require consensus. This rule is vital to the OSCE’s success. The organization can convene all parties on an even footing and – because no country can claim that it didn’t voluntarily agree to its commitments – the rule gives unique force to the OSCE’s actions. However, decision-making by consensus also allows a single intransigent country to wield its veto as a weapon, even in cases of otherwise overwhelming agreement. In 2008, Russia successfully blocked the OSCE from establishing a field mission in Georgia as Russian-backed separatists occupied South Ossetia and Abkhazia. Since then, resistance to hosting or authorizing field missions, a core capability of the OSCE, has spread. Belarus kicked out its OSCE mission in 2011. Azerbaijan forced the mission in Baku to close in 2015, and two years later, it insisted on the shuttering of a mission in Armenia. Mongolia, the newest OSCE participating state, has repeatedly requested a mission to foster its continued democratic development and build closer ties with other participating states. Moscow consistently blocks that request. A related and ongoing problem is the lack of transparency of the OSCE’s decision-making. Opening its official deliberations to the public would help make those countries that thwart progress more broadly accountable for their recalcitrance. A more recent challenge comes from the government of Turkey. Ankara continues to use the 2016 coup attempt as pretext for not only violently repressing its citizens and detaining others, including Americans, but also for limiting the participation of non-governmental organizations in certain OSCE meetings. The OSCE is the only international organization that allows NGOs to participate equally with governments in meetings on human rights commitments, allowing these groups to raise their concerns directly. If Turkey has its way, human rights groups might be denied a seat at the table. It is easy to imagine which countries quietly hope this effort will succeed. The United States must continue to make it clear that it is not one of them. Indeed, the moral here is that the United States should not only support the strengths and potential of the OSCE, but we must also be present and potent when progress and principles are challenged within the organization. Our colleagues in both chambers of Congress have the passion and determination to do just that. In these days of partisan discord, we must remember – and treasure – the fact that Congress is broadly committed to the principles enshrined in the Helsinki Final Act: respect for human rights and fundamental freedoms, democratic principles, and liberty. We see this in the establishment of the Helsinki Commission itself, a unique agency conceived by Congress to strengthen the legitimacy of human rights monitoring, defend those persecuted for acting on their rights and freedoms, and ensure that violations of Helsinki provisions are given full consideration in U.S. foreign policy. The OSCE’s broad membership and comprehensive definition of security make it an ideal platform to advocate for our interests in a vital region. Its institutions remain singularly placed to moderate regional conflicts, promote respect for human rights, and safeguard essential elements of democracy. We have not only the right, but also the duty, to hold countries responsible if they fail to adhere to the basic principles that we all agreed to in 1975. We also have the responsibility to hear and consider other participating states when they feel that the United States is not fully meeting our commitments. Leading by example means that we must be held accountable, too. At this critical juncture, when the rules-based order appears particularly fragile, any weakening or absence of the OSCE could irreversibly damage the chances for democracy and peace in the region. We must not allow that to happen – and the key is our own steadfastness, in words and deeds. Roger Wicker (@SenatorWicker) is chairman of the U.S. Helsinki Commission and a vice president of the OSCE Parliamentary Assembly. A member of the Republican Party, he has represented Mississippi in the Senate since December 2007. He previously represented Mississippi for 13 years in the House of Representatives. Ben Cardin (@SenatorCardin) is ranking Senate member of the U.S. Helsinki Commission. He serves as special representative on anti-Semitism, racism, and intolerance for the OSCE Parliamentary Assembly. A member of the Democratic Party, he has represented Maryland in the Senate since January 2007 after 20 years in the House of Representatives.

  • Belarus Reality Check

    On October 22, 2018, over 50 international analysts, practitioners, diplomats and policymakers gathered in Vilnius, Lithuania, for the eighth Belarus Reality Check, a full-day review of the Belarusian economy, political and human rights developments, and changes in the regional security situation in and around Belarus. Former Helsinki Commission Senior State Department Advisor Scott Rauland joined representatives of the IMF, the World Bank, Lithuania’s Foreign Ministry, the EU Ambassador to Belarus, and dozens of analysts from Belarus, Lithuania, Latvia, Poland, Ukraine, Germany, and other European nations for the event. Political Developments in Belarus During the first panel, presenters noted that sovereignty and stability remain top priorities for the Government of Belarus. Despite a great deal of work by the OSCE’s Office of Democracy Institutions and Human Rights (ODIHR) in recent years, its recommendations to improve Belarusian elections have still not been implemented, and panelists were skeptical that any action would be taken before parliamentary and presidential elections scheduled for 2020.  Although the Belarusian political opposition remains divided and marginalized, several panelists believed that support for the opposition is growing.  Unfortunately, there was consensus that Russian malign influence in Belarus is also growing, primarily via Russian exploitation of social media platforms in Belarus. The Belarusian Economy The second panel featured four presentations that examined challenges facing the Belarusian economy and analyzed the country’s agonizing choice between beginning long-overdue reforms or remaining dependent on Russian subsidies for oil and gas to shore up failing state-owned enterprises (SOEs).  Panelists pointed out that— due largely to those subsidies—the Belarusian economy has fared better than many of its neighbors for years, and that Belarusians enjoy a better standard of living than a number of their Eastern European counterparts.  Polling by the IPM Research Center has shown that a top priority for Belarusians, and thus for the Government of Belarus, is low inflation.  According to the same study, most Belarusians are satisfied with the current state of affairs. Should the subsidies end, Belarus could face a true crisis.  Belarusian Foreign Policy The final panel discussed Belarusian relations with its neighbors—strangely including China, but omitting the U.S.  Positive trend lines were noted for Belarusian relations with all major countries except Russia, and international organizations have demonstrated increased interest in Belarus. In particular, OSCE Secretary General Greminger visited Belarus for a third time in 2018.  Anaïs Marin of France, recently appointed as UN Special Rapporteur on Belarus, remarked that progress had been made by Belarus on its 2016 National Action Plan on Human Rights, but described continuing Belarusian support of the death penalty as something that required continued scrutiny by the international community.  One analyst took EU policy to task for “aiming at progress, not results.”  Russian policy in Belarus, he claimed, is intended to produce results—namely, to keep Belarus under control and on a short leash.  Another panelist described the conundrum of trying to contain Russian influence in Belarus: “We can’t get rid of Russian influence (money) in Latvia or London; how can we expect to get them out of Belarus?” In a concluding question and answer session, Rauland—who served as charge d’affaires at the U.S. Embassy in Minsk from June 2014 through July 2016—asked the panel to comment on the diverging EU and U.S. strategies on Belarus, noting that the EU had decided to lift sanctions on Belarus completely in 2016, while the U.S. had merely suspended them while awaiting further improvements in human rights.  The panelist who responded to that question described EU policy as a mistake, noting that political prisoners had been released (the event which triggered sanctions relief by the EU), but that their civil rights had not been restored, something he felt should have been a condition for the EU completely lifting sanctions. Answers to a question earlier in the day, asking whether panelists were optimistic about the future for Belarus, may have captured the range of views of the participants best of all.  “Yes,” replied the first to answer.  “I’m ‘realistic’ about progress,” replied the next panelist.  “And I’m an optimistic realist,” concluded the third. The event was organized by the Eastern Europe Studies Centre with the support of USAID, Pact and Forum Syd, together with programmatic contributions from the Carnegie Endowment for International Peace.

  • Who's Afraid of Civil Society?

    By Erika Schlager, Counsel for International Law “How will you mark the anniversary?” That’s what Timothy Garton Ash asked dissident playwright Vaclav Havel 30 years ago, prior to the 70th anniversary of the Czechoslovak state. The answer? A symposium on the incidence of the number “eight” in Czechoslovak history: 1918 (the creation of the modern Czechoslovak state), 1938 (Nazi Germany’s invasion of Czech lands), 1948 (the Communist takeover), 1968 (the Soviet-led Warsaw Pact invasion that crushed the Prague Spring) . . . and 1988. As a junior Helsinki Commission staffer, I attended that symposium. It was my first solo trip for the Commission. At the time, the 35 signatories of the Helsinki Final Act were meeting in Vienna to review the implementation of the Final Act, negotiate new commitments, and schedule future meetings. Czechoslovakia—the Czechoslovak Socialist Federal Republic, to be more precise—had proposed holding a future meeting in Prague as part of the Helsinki process work on economic cooperation. And why not? Budapest, the capital of another one-party communist state, had managed to become the host for a cultural forum in 1985. In Vienna, the Soviet delegation had boldly proposed holding a follow-up meeting on human rights in Moscow. However, Czechoslovakia—unlike Hungary, Poland or even the Soviet Union under Gorbachev—remained a firmly hardline communist regime through the 1980s, with significant restrictions on civil society.  According to the U.S. Department of State at the time, freedom of assembly was severely restricted. Efforts to hold independently organized meetings or demonstrations systematically resulted in arrests, criminal prosecutions, assaults on persons attempting to hold such events, sometimes using water cannon, dogs, tear gas and truncheons.  Nevertheless, as the Prague symposium approached, the United States had still not taken a position in Vienna on the Czechoslovak proposal. Earlier in the year, authorities in Czechoslovakia disrupted efforts by independent peace activists to hold a meeting in Prague by refusing to allow foreigners to enter the country to participate. If Czechoslovakia was unwilling to allow openness and access at such meetings, was it fit to serve as the host of a Helsinki process follow-up meeting? The November meeting would be kind of a test. My handler from the U.S. Embassy welcomed to my visit. The United States had recently declared a Czechoslovak diplomat in Washington persona non grata for actions inconsistent with his diplomatic status, a euphemism for spying. The U.S. Embassy, then led by Ambassador Shirley Temple Black, assumed it was only a matter of time before the Czechoslovak regime would kick an American out of Prague in retaliation. The embassy thought it might avoid that outcome if it cut off ties with dissidents. My visit gave the embassy’s political officer an opportunity to resume those ties.  Still, he warned me, I might be the convenient target of retaliation. Czechoslovakian authorities allowed foreign participants to attend the symposium, but by the time my plane landed, the principal organizers of the event, including Vaclav Havel, had been arrested. I was deposited at the Hotel Jalta, along with  others who had come from abroad to participate. The small black and white television in my room had a neatly typed card in front of it that said in English, “Do not attempt to change the station.” I spun the dial at every opportunity.  This is where I first met Max van der Stoel, the former Dutch Foreign Minister and man of inestimable integrity who later became the OSCE High Commissioner on National Minorities.  Eventually, Vaclav Havel was released, and I met with him and other dissidents before heading to a “parallel” symposium on “8s” organized by exiles in Vienna. In Vienna, I also reported to the head of the U.S. delegation to the Vienna Follow-up Meeting, Ambassador Warren Zimmerman, about the events in Prague. On November 15, 1988, Ambassador Zimmerman announced the U.S. position on the Czechoslovak bid to host a follow-up meeting, noting that the lack of openness and access made U.S. endorsement impossible: . . . [T]he pattern of repression in Czechoslovakia, together with the persistent efforts of the Czechoslovak delegation to secure approval for Prague as host of an economic follow-up, lead me to state for the record the U.S. position on the candidacy of Czechoslovakia . . .  [A] prospective host should reflect commitment to openness and access, for its visitors and for its own citizens, that has been so well exemplified by the government of Austria at the Vienna meeting. By this simple and reasonable standard, the government of Czechoslovakia fails – and fails abysmally. For that reason, the United States will not join any proposal that any post-Vienna meeting be held in Czechoslovakia. That decision is irrevocable; it will not be subject to review or change during the life of the Vienna meeting. In June 1989, an American diplomat – my control officer for the November symposium – was declared persona non grata by the Czechoslovak authorities, in retaliation for the U.S. expulsion of another Czechoslovak diplomat from Washington, and expelled one-month short of the end of his three-year tour. In November 1989, the communist police violently broke up a peaceful pro-democracy demonstration and brutally beat many student participants. They also planted a false story in the opposition that a student demonstrator had been beaten to death. The secret police thought they would be able to reveal that the opposition report of a fatality was false and thereby discredit the growing dissident movement. Their plan backfired. Instead, as journalist Mary Battiata wrote, “a half-baked secret police plan to discredit a couple of dissidents apparently boomeranged and turned a sputtering student protest into a national rebellion.” The United States continues to advocate for openness and access for civil society at meetings organized in the Helsinki process.  Hopefully, it will continue to do so with the same firmness and determination it did 30 years ago.

  • Chairman Wicker Welcomes Release of Pastor Andrew Brunson

    WASHINGTON—Following the court-ordered release of U.S. pastor Andrew Brunson from house arrest in Turkey today, Helsinki Commission Chairman Sen. Roger Wicker (MS) issued the following statement: “I welcome the release of Pastor Brunson from house arrest and look forward to his return to the United States. The charges against him are baseless, and he should never have served a single day in jail. Thousands of Americans have been praying for this outcome. While this is a positive step by the Government of Turkey, I again urge the administration not to lift the Global Magnitsky sanctions currently in place on Turkish officials involved in the ongoing, unjust detention of American citizens and consulate employees. There is no room in NATO for hostage-taking.” Pastor Brunson was first detained by Turkish authorities on October 7, 2016, and subsequently charged with supporting a terrorist organization and committing espionage. He was transferred to house arrest this July after more than a year in prison. Several other American citizens, including NASA scientist Serkan Gölge, and two Turkish employees of U.S. consulates have also been detained and charged with terrorism offenses with no evidence to support the claims. A third consulate employee remains under house arrest on dubious charges. In September 2018, Chairman Wicker called for U.S. sanctions on Turkey’s justice and interior ministers to continue until all wrongfully detained Americans and locally employed staff of U.S. consulates in Turkey are free. Ending these unjust detentions would be the next step in reestablishing positive relations between the United States and Turkey. In November 2017, the Helsinki Commission held a hearing on the detention of American citizens and U.S. consulate employees in Turkey. A month earlier, Helsinki Commission leaders called on President Erdogan to lift the state of emergency imposed in July 2016 after the failed military coup against his government. Turkey ended its two-year-long state of emergency in July 2018, but shortly thereafter the Grand National Assembly approved legislation enshrining many of President Erdogan’s controversial emergency decrees. Ahead of the May 2017 meeting between President Donald Trump and Turkish President Recep Tayyip Erdogan, Helsinki Commission leaders also urged President Trump to seek guarantees that U.S. citizens and locally employed staff jailed in Turkey will have their cases promptly and fairly adjudicated.

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