Helsinki Commissioners Reintroduce Ukraine Religious Freedom Support ActFriday, January 29, 2021
WASHINGTON—Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) and Commissioner Rep. Emanuel Cleaver, II (MO-05) yesterday reintroduced the bipartisan Ukraine Religious Freedom Support Act (H.R. 496) in the House of Representatives. The House unanimously passed the original legislation, which targets Russia’s religious freedom violations in Ukraine, on November 18, 2020. “The Kremlin and its proxies continue to imprison and torture people on Ukrainian territory for their faith. Russian government perpetrators must be punished for these crimes,” said Rep. Wilson. “This legislation would ensure that the president of the United States has the authority and mandate to impose costs on Russian officials who are responsible for such assaults on religious freedom.” “The yoke of Putin’s occupation and oppression weighs heavily on Ukrainians. The desire to seek and follow the truth, to explore ultimate meaning, is written on every human heart,” said Rep. Cleaver. “We must stand up to the Russian government’s attempts to suppress the freedom of Ukrainians to follow their religious conscience.” The Ukraine Religious Freedom Support Act would require the president of the United States to consider particularly severe violations of religious freedom in Russia-occupied or otherwise controlled territory in Ukraine when determining whether to designate Russia as a Country of Particular Concern (CPC) for such violations. The bill authorizes the president to hold Russia responsible for violations in Ukrainian territory it illegally occupies or controls, not just for violations inside Russia’s internationally-recognized borders. The International Religious Freedom Act of 1998 requires the president to designate CPCs when their governments engage in or tolerate particularly severe violations of religious freedom, including killings, torture, abduction, and detention. It also requires the president to then take 15 specific actions, or commensurate action, and ban the foreign officials responsible from entering the United States. The Secretary of State has placed Russia on the Special Watch List for countries with severe violations every year since 2018. The legislation also states, “It is the policy of the United States to never recognize the illegal, attempted annexation of Crimea by the Government of the Russia or the separation of any portion of Ukrainian territory through the use of military force.” Russian forces first invaded Crimea in February 2014 and continue to illegally occupy it. Since April 2014, Russia has controlled parts of the Donbas region in eastern Ukraine with non-state armed groups and illegal entities it commands. Under international humanitarian law, including the Geneva Conventions, Russia is responsible for religious freedom violations in Crimea and parts of the Donbas. Participating States of the Organization for Security and Cooperation in Europe, including Russia, have repeatedly committed to respect and protect freedom of religion or belief. The Helsinki Commission has compiled 16 documents outlining religious freedom commitments made by OSCE participating States. Original co-sponsors of the legislation include Helsinki Commissioners Rep. Brian Fitzpatrick (PA-01), Rep. Steve Cohen (TN-09), Rep. Richard Hudson (NC-08), and Rep. Gwen S. Moore (WI-04). Rep. Gus M. Bilirakis (FL-12), Rep. Anna G. Eshoo (CA-18), and Rep. Andy Harris, M.D. (MD-01) are also original cosponsors.
Helsinki Commission Leaders Decry January 6 Attack on U.S. CapitolFriday, January 08, 2021
WASHINGTON—Following the violent assault on the U.S. Capitol on January 6, Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20), Sen. Roger Wicker (MS), and Sen. Ben Cardin (MD) issued the following statements: “I never thought that in my lifetime I would see our country’s democratic institutions literally under siege. In America, we pride ourselves on the integrity of our elections and on a peaceful transition of power. We demonstrate this not only through our words but through our actions, both at home as well as abroad, where we ardently support freedom and democracy from Vancouver to Vladivostok,” said Rep. Hastings. “Wednesday’s violence was a vicious attack on democracy, the rule of law, and every value that our country holds dear. President Trump must immediately condemn the actions of his supporters and recommit to his oath to preserve, protect, and defend the Constitution for the remainder of his term. Otherwise, the consequences could be unpredictable and potentially dire.” “Our country has long been a beacon of freedom and the orderly transfer of power. Wednesday’s attempt to disrupt our democracy through lawlessness and intimidation was intended to cast doubt on that principle but was doomed to fail. The guardrails held, and the work of the U.S. Congress continues,” said Sen. Wicker. “However, the divisions that led to this chaotic attack on the U.S. Capitol cannot be ignored. If the United States is to continue to inspire others who are fighting for their fundamental freedoms worldwide, we must work together to rebuild confidence in our institutions. In spite of our political differences, all Americans must make it clear that we will not stand for this kind of attack on the rule of law. And we must prosecute to the fullest extent of the law those who seek to undermine our democratic processes through violence.” “Violent behavior and blatant disregard for the rule of law can never be normalized in the U.S. or anywhere around the world. The American Capitol was attacked by a mob incited by a president who refused to accept the results from a free and fair election and who worked to overturn the will of the voters. If a foreign leader acted in such a blatant way to overturn legitimate election results, the full United States Congress rightly would forcefully condemn such autocratic and undemocratic actions,” said Sen. Cardin. “To move forward as a nation, members of both parties must stand together to reaffirm the resilience of our democracy, honestly confront the toxic voices in our society that seek to tear us apart, and so prevail over the dangerous extremism that led to this violent rampage.”
OSCE Ministerial Council Appoints Top Leaders, Adopts Several Key Decisions Amidst Constraints of COVID-19 and Conflict in EuropeMonday, December 21, 2020
By Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE Foreign ministers of the 57 OSCE participating States convened on December 3 - 4, 2020, for the 27th OSCE Ministerial Council. For the first time, this annual gathering was convened in an entirely virtual format due to the challenges posed by the COVID-19 pandemic. Despite a turbulent year, which included managing not only the effects of the COVID-19 pandemic but also the global anti-racism protests initiated following the killing of George Floyd; ongoing protracted conflicts in Moldova, Georgia, and Ukraine; fraudulent elections and systemic human rights violations in Belarus; and a renewal of active conflict between Azerbaijan and Armenia, consensus was achieved on many, but not all, draft decisions. The United States delegation to the Ministerial Council was led by Deputy Secretary of State Stephen Biegun. The delegation and included Deputy Assistant Secretaries of State George P. Kent, Michael Murphy, and Bruce Turner; Acting Assistant Secretary of State Philip Reeker; U.S. Ambassador to the OSCE James Gilmore; U.S Helsinki Commission Chief of Staff Alex Johnson; and Helsinki Commission staff Robert Hand, Janice Helwig, Rebecca Neff, Erika Schlager, Shannon Simrell, Dr. Mischa Thompson, and Alex Tiersky. A Call to “Turn a Corner” from Crisis to Cooperation Leveraging the meeting’s virtual format, national statements were livestreamed, offering transparency of the proceedings. Albanian Prime Minister and OSCE Chairperson-in-Office Edi Rama opened the meeting by recalling the solidarity of the signatories of the Helsinki Final Act and Charter of Paris and requesting that ministers “turn a corner” and demonstrate the political will required to address the multiple and complex challenges faced by the organization and across the region. In his remarks, Deputy Secretary Biegun reaffirmed U.S. priorities for engagement at the OSCE, underscoring the commitment to European peace and security and highlighting key challenges facing the OSCE region including Russia’s continued aggression in eastern Ukraine, Moldova, and Georgia, and the destabilizing effect of its flagrant violations of the OSCE’s foundational principles. He called upon Belarus to hold accountable those responsible for its human rights violations and electoral crisis, urged Armenia and Azerbaijan to engage with the Minsk Group Co-Chairs to attain a lasting end to the conflict in Nagorno-Karabakh, and warned States against using COVID-19 as a pretext to restrict civil society, independent media, or public access to information. Finally, he expressed concern about the increasing number of political prisoners and the rise in cases of anti-Semitism, anti-Roma racism, and other forms of hatred and hate crimes in the OSCE region since the onset of the pandemic. Consensus Achieved on Organizational Leadership, Preventing Torture, Countering Corruption, and More Despite the challenges inherent in virtual negotiations, consensus was achieved on 11 texts spanning all three OSCE dimensions of comprehensive security and supporting the organization’s internal governance. Ministers agreed on the appointment of the OSCE’s top four leaders: Helga Schmid (Germany) as Secretary General, Maria Teresa Ribiero (Portugal) as Representative on Freedom of the Media, Matteo Mecacci (Italy) as Director of the Office for Democratic Institutions and Human Rights (ODIHR), and Kairat Abdrakhmanov (Kazakhstan) as High Commissioner on National Minorities. The decisions broke a months-long impasse after Azerbaijan, Tajikistan, Turkey, and others blocked the reappointment of the previous executives, leaving the organization leaderless since July. Participating States also reached consensus on several decisions that added to OSCE’s body of commitments. One such decision concerned the prevention and eradication of torture and other cruel, inhuman or degrading treatment or punishment, building on existing OSCE commitments. A version of the text was originally proposed in 2014 by Switzerland during their 2014 Chairpersonship of the OSCE. The initiative reflected the country’s historic leadership in the area of international humanitarian law and profound concerns regarding torture in the context of counterterrorism efforts. The proposal was reintroduced over successive Ministerial Councils before its adoption in 2020. The widespread use of torture and other horrific abuse by Belarusian authorities, documented by the November 2020 report under the OSCE Moscow Mechanism, added urgency to this decision this year. As adopted, the decision includes explicit references to enforced disappearances and to incommunicado detention. Participating States also adopted decisions on preventing and combating corruption; strengthening co-operation to counter transnational organized crime; deepening cooperation with OSCE’s Asian Partners; supporting the Transdniestrian settlement process (also known in the OSCE as the “5+2” format, which brings together representatives of Moldova, Transdniestria, the OSCE, the Russian Federation, Ukraine, the European Union, and the United States); and selecting North Macedonia to chair the organization in 2023. Unfinished Business Unfortunately, participating States did not reach consensus on several other important drafts, including one co-sponsored by the United States and Belarus based on lessons learned during the COVID-19 pandemic that would have set out new commitments for participating States to effectively combat human trafficking during times of emergency. Other proposals, including texts to modernize the Vienna Document (a wide-ranging confidence- and security-building measure that includes provisions requiring notification of significant military activities, as well as an exchange of information about armed forces, military organization, and major weapon and equipment systems), enhance public-private partnerships to counter terrorism, and counter trafficking in natural resources were scuttled by Russian, Azerbaijani, and Armenian intransigence. Some drafts which did not reach consensus among all 57 states were turned into statements issued and signed by those countries that had supported their adoption. The United States signed onto nine such statements to support the concept of women, peace and security outlined in UN Security Council Resolution 1325; modernization of the politico-military framework of the Vienna Document; and a number of statements related to the OSCE’s role in addressing regional challenges like ending the Nagorno-Karabakh conflict, improving human rights compliance by Belarus, countering Russian aggression in Ukraine and the Republic of Georgia, and addressing challenges relating to the COVID-19 pandemic. The Albanian Chairperson, together with the OSCE’s 2019 Slovak Chairperson, and the OSCE’s three incoming Chairpersons (the “Quint”) issued two joint statements, one expressing concern about the ongoing conflict in Ukraine and another reaffirming the principles enshrined the Helsinki Final Act and the Charter of Paris for a New Europe. Side events highlight continuing challenges The Ministerial Council’s four side events highlighted priority areas for participating States and for the Parliamentary Assembly. Due to the virtual format, events on the Belarus Moscow Mechanism report, human rights violations in Crimea, combatting human trafficking during the COVID-19 crisis, and the OSCE Parliamentary Assembly’s call for renewed political will to address contemporary challenges, attracted hundreds of participants. Deputy Assistant Secretary Kent closed the Moscow Mechanism side event by promising to maintain a focus on the situation in Belarus, to support efforts to hold authorities accountable for torture and other human rights violations, and to ensure the voice of the Belarusian people is heard in determining their country’s future. At a side event organized by the OSCE Parliamentary Assembly titled “A Call to Action: Reaffirming a Common Purpose,” Helsinki Commission Ranking Member Sen. Ben Cardin (MD) affirmed the strong bipartisan support in the United States for the OSCE, and recognized it as vital forum to promote security, defend human rights and encourage democratic development in all OSCE countries. He argued that greater political accountability rather than organizational reform would make the OSCE more relevant and effective in the years ahead. “It remains the responsibility of the participating States to hold each other to account. In the face of repression at home or aggression abroad, the OSCE will succeed as a multilateral forum as long as those who are true believers stand united in defending the ten Helsinki principles and forthrightly raise violations in this forum.” Sen. Ben Cardin (MD), Ranking Member, U.S. Helsinki Commission, OSCE MC 2020 Side Event on “A Call to Action” Due to challenges related to convening during the COVID-19 pandemic, the NGO network Civic Solidarity Platform did not organize its annual Civil Society Conference, which had been held in conjunction with each OSCE Ministerial Council since its first convening during the 2010 OSCE Summit in Astana. Instead, the network organized a series of webinars in December to maintain focus on key issues of concern. 2021: OSCE’s Swedish Chairpersonship “Back to Basics” Looking ahead to its 2021 Chairpersonship, Swedish Foreign Minister Ann Linde said that Sweden will work to get “back to basics:” defending the European security order, contributing to resolving conflicts, and upholding the OSCE’s comprehensive concept of security with a special focus on human rights, democracy, and gender equality.
Retrospective on the 116th CongressFriday, December 18, 2020
By Emma Derr, Max Kampelman Fellow “For more than four decades, the Helsinki Commission has championed human rights and democracy across North America, Europe, and Central Asia. While we have worked to keep these concerns on the U.S. agenda, much remains to be accomplished.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission In the OSCE region, 2019 and 2020 were marked by unprecedented challenges stemming from the COVID-19 pandemic, calls for racial justice, systematic human rights issues, and ongoing regional conflicts amidst U.S. presidential, Congressional, and regional and local elections. Through these crises, U.S. Helsinki Commission leadership worked tirelessly to ensure that human rights and comprehensive security continued to be promoted through the United States’ foreign and domestic policy agendas. 2020 also marked the 30th anniversary of the Charter of Paris, which set unprecedented commitments to human rights, providing an opportunity for OSCE participating States to reflect and bolster human rights commitments during such a crucial time. Through hearings and briefings, legislative activities, public statements and reports, and engagement with other foreign policy actors, the Helsinki Commission has focused on human rights and security challenges both in the United States and abroad to advance the commission’s priorities in the 116th Congress: principled foreign policy; human rights at home; parliamentary diplomacy; and safe, inclusive, and equitable societies. Additional policy focuses include regional security, election observation, OSCE engagement, and anti-corruption work. View a comprehensive list of activities in the Helsinki Commission's report on the 116th Congress. Principled Foreign Policy From respect for sovereignty and the territorial integrity of states to human rights and fundamental freedoms, commitments undertaken by OSCE participating States underpin peace and stability in the OSCE region and form the basis of comprehensive security for all people. The Helsinki Commission strives to ensure that the protection of human rights and democratic development are central to a principled U.S. foreign policy. During the 116th Congress, Belarus, Russia, Turkey, Hungary, Ukraine/Crimea, and the Balkans attracted particular attention, given the ongoing human rights and regional conflict issues in those countries. Belarus Following over two decades of authoritarian rule supported by the Kremlin, a political crisis erupted in Belarus in the summer of 2020. After August 9 elections, the Alexander Lukashenko regime claimed victory, and the country saw an unrelenting crackdown by Belarusian authorities on peaceful protests, civil society, and the media. According to international observers, Belarus has not had free and fair national elections since Lukashenko was first elected president in 1994. Unprecedented crowds continue to protest the election. Ahead of the election, Lukashenko eliminated his main political competition through disqualification or imprisonment. Numerous protestors, supporters of opposition candidates, and journalists were arrested as last-minute candidate Svetlana Tsikhanovskaya drew unprecedented crowds to her rallies. Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) called on President Lukashenko “to order the release of those who have been detained for political reasons and allow real political competition in Belarus.” After the elections and in reaction to the human rights abuses perpetrated by the Lukashenko regime, Chairman Hastings wrote to Treasury Secretary Steven Mnuchin requesting that the U.S. administration revoke access to the U.S. financial system for the nine largest state-owned companies in Belarus. “The United States stands with the people of Belarus, who have a right to make free choices about their country’s future and to protest peacefully.” Sen. Roger Wicker (MS), Co-Chairman, U.S. Helsinki Commission After the invocation by 17 OSCE participating States of the Moscow Mechanism to report on human rights concerns in Belarus and subsequent investigation, Professor Wolfgang Benedek—the selected rapporteur—joined the Helsinki Commission for a podcast to discuss his findings, including evidence of fraudulent elections, systematic human rights violations, and a general situation of impunity for perpetrators. Regional Security and Stability In May 2020, following reports that the Trump administration planned to withdraw from the Treaty on Open Skies, Chairman Hastings urged Congress to support the United States’ allies and partners in Europe, as “withdrawing from the Open Skies Treaty can only benefit Putin’s continuing campaign of aggression against Russia’s neighbors.” Chairman Hastings also authored an amendment to the National Defense Authorization Act (NDAA) for the 2021 Fiscal Year to reflect support for the Open Skies Treaty and stated his regret in November when the U.S. withdrew from the treaty. The Helsinki Commission held a joint hearing in November 2019 with the House Foreign Affairs Committee concerning the importance of the Open Skies Treaty for security and stability in Europe and released a podcast on the treaty’s benefits, the complexity of execution, and current challenges in implementation. In July 2019, for the first time in its 43-year history the Helsinki Commission convened outside of the United States for a field hearing to underscore America’s commitment to Baltic Sea regional security and emphasize its unwavering support for U.S. friends and allies. The commission also held a briefing to discuss the potential use of energy, specifically oil and gas projects, to achieve foreign policy goals, as well as the extent to which energy independence can reduce the ability of hostile actors to destabilize the European region by threatening to cut off access to energy supplies. Turkey, Hungary, Ukraine/Crimea, and the Balkans In April 2019, Co-Chairman Wicker and Ranking Member Sen. Ben Cardin (MD) introduced the Defending United States Citizens and Diplomatic Staff from Political Prosecutions Act to address arbitrary arrests which contribute to Turkey’s deteriorating respect for human rights under President Erdogan. In April 2019, the Helsinki Commission hosted a briefing on recent developments in Hungary concerning a steady erosion of freedom, the rule of law, and quality of governance. Later that year, the commission reported on an amendment to the Hungarian religion law, which continues to discriminate against people on the basis of their faith. In late 2019, Co-Chairman Wicker successfully pressed Hungarian Prime Minister Viktor Orban to stop the blockage of the European Union version of the Magnitsky Act. The U.S. Magnitsky Act allows the use of sanctions as a tool to target alleged human rights abusers and corruption, and its European counterpart would do the same. In May 2020, Co-Chairman Wicker and Ranking Member Cardin urged U.S. Secretary of State Mike Pompeo to work with the European Union’s High Representative to advance EU Magnitsky Sanctions. Following a mob attack in October 2019 on a Jewish community center providing office space to civil society groups in Budapest, Chairman Hastings and Ranking Member Cardin called the Hungarian government to take action during this “alarming escalation of violence toward minorities and civil society groups.” In 2020, the commission released a report detailing the escalating rhetorical attacks and legislative restrictions against civil society as Orban continues to consolidate power in Hungary. In December 2019, Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) and Commissioner Rep. Emanuel Cleaver II (MO-05) introduced the bipartisan Ukraine Religious Freedom Support Act in the House of Representatives, and Co-Chairman Wicker introduced the act, cosponsored by Helsinki Commissioner Sen. Jeanne Shaheen (NH), to the Senate. The act, which would combat Russia’s religious freedom violations in the Crimea and Donbas regions of Ukraine, unanimously passed in the House of Representatives in November 2020 and awaits Senate action. In July 2019, the Helsinki Commission hosted a briefing about reunifying societies divided by war, genocide, and other tragedies in areas such as the Balkans, as well as promoting reconciliation and healing for Holocaust survivors and other victims of Nazi persecution who continue to seek justice worldwide. Twenty years after two U.S. citizens were brutally murdered in Serbia in the aftermath of the 1999 conflict in Kosovo, their brother Ilir joins the Helsinki Commission to share his family’s fight for justice in the face of inaction by Serbian authorities. Election Observation In 1990, all OSCE participating States pledged to hold free and fair elections and to invite international observers. OSCE election observation missions often are undertaken jointly by the OSCE Office of Democratic Institutions and Human Rights (ODIHR) and the OSCE Parliamentary Assembly (PA). These election observation missions have been recognized as one of the most transparent and methodical ways to encourage States’ commitment to democratic standards and have become a core element of the OSCE’s efforts to provide feedback on the election processes to the benefit of candidates and voters alike. Commissioners and staff have observed well over 100 elections since 1990, and in 2020 alone, the OSCE has been invited to observe elections in nearly 20 OSCE participating States, including the United States. In 2019, the commission held a briefing focused on the benefits and challenges of international election observation, best practices, and emerging issues such as voting technology and security. In addition, the use of disinformation to influence elections has become a pervasive and persistent threat in all 57 OSCE participating States. Ahead of the 2020 general elections, the commission held a briefing on the intersections and influences of disinformation and COVID-19 on the electoral process. Election observation is an important way to help monitor these effects on the workings of democracy. A limited election observation mission was deployed by the OSCE to observe the 2020 general election in the United States. Despite the challenges posed by the pandemic, the OSCE team was confident it produced a thorough, impartial, fact-based assessment that concluded the elections were free and fair, as well as “competitive and well managed despite legal uncertainties and logistical challenges” posed by the pandemic and the polarized political climate. OSCE Institutions and Policy During the past two years, the Helsinki Commission hosted hearings featuring both the Albanian and Slovakian OSCE Chairs in Office, as well as the OSCE Representative for Freedom of the Media Harlem Desir, to discuss OSCE institutional priorities such as human rights violations, conflict resolution, and the safety of journalists. In January 2020, the Helsinki Commission welcomed OSCE Office of Democratic Institutions and Human Rights Director Ambassador Ingibjörg Sólrún Gísladóttir, in her first appearance before Congress, to address challenges in the OSCE region related to human rights and democracy. In December 2020, the Helsinki Commission held a hearing, “U.S. Priorities for Engagement at the OSCE,” where Ambassador Philip T. Reeker U.S. State Department Senior Bureau Official, who has been serving in the role of Acting Assistant Secretary for Europe and Eurasia since March 2018, emphasized that the United States is focused on upholding Helsinki Final Act commitments and pushing all participating States to live up to their own commitments to these principles. Human Rights at Home Like all other OSCE participating States, the United States must also examine how well—or how poorly—it is living up to its own OSCE commitments. In the 116th Congress, the Helsinki Commission took a hard look at human rights at home. “If the United States wants to remain a credible voice in the promotion of human rights abroad, we must fiercely protect them at home.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission In summer 2020 the Helsinki Commission launched a series of hearings focused on restorative justice related to public monuments and memorials, the safety of journalists, and implications of domestic human rights issues for U.S. leadership. The commission also convened political and civil rights leaders to discuss the impact of George Floyd’s tragic death on the need to shape policies that confront and prevent racism and racist acts. The Helsinki Commission dealt at further length with the safety of journalists and freedom of the media in the United States. In the aftermath of attacks on journalists covering protests calling for racial justice, Chairman Rep. Hastings expressed the need to take an “honest and critical look at America’s own record in recent weeks on protecting journalists and safeguarding press freedom.” The U.S. Agency for Global Media (USAGM) supports networks that reach more than 350 million people across the world, many of whom otherwise would not have access to independent, unbiased news. When USAGM failed to renew J-1 visas for foreign Voice of America (VOA) journalists, Chairman Rep. Hastings, Ranking Member Sen. Ben Cardin, and Helsinki Commissioners Sen. Jeanne Shaheen, Rep. Emanuel Cleaver, Rep. Steve Cohen (TN-09), and Rep. Marc Veasey (TX-33) demanded that U.S. Agency for Global Media (USAGM) CEO Michael Pack provide a detailed explanation and called for new policies to protect the personal security of VOA journalists working under the USAGM. Safe, Inclusive, and Equitable Societies Civil rights are human rights, and advancing societies that are safe, inclusive, and equitable is central to the work of the Helsinki Commission. Anti-racism initiatives have always been a priority for the commission, but they found particular focus in 2020 in conjunction with the exposure of systemic racism in police brutality and the disproportionate impacts of COVID-19 on minority populations. Commissioners looked inward to the United States’ own domestic policies, as well as outward to other OSCE countries, to develop ideas and policies that promote principles of social inclusion, empowering diverse populations and enhancing the ability for everyone to fully participate in society. Over the past decade, Chairman Hastings has drawn attention to the racism and discrimination faced by black Europeans, recognizing their fight for inclusion. In March 2019, he introduced legislation establishing a strategy to protect the collective history and achievements of people of African descent and to promote the human rights of people of African descent worldwide, and a year later, he introduced a bill to implement a government-wide diversity and inclusion plan. “Across the globe we find racial disparities between those of African descent and other populations in education, employment, health, housing, justice, and other sectors. At the same time, hate crimes and racial profiling targeting black populations are increasing,” said Chairman Hastings. “A global strategy ensures we are monitoring whether countries around the world are providing equal protections and opportunity to all within their borders.” Chairman Hastings also collaborated with other Helsinki Commissioners to address racism globally. In July 2020, Chairman Hastings, along with Helsinki Commissioners Rep. Gwen Moore (WI-04), Rep. Cleaver, Rep. Veasey, and 35 other Members of the United States Congress, including the Congressional Black Caucus Chair, called for a sweeping plan of action following the European Parliament’s Juneteenth Day resolution supporting protests against racism and police brutality. Chairman Hastings and Rep. Gregory W. Meeks (NY-05) also issued a statement regarding foreign affairs funding for diverse, global anti-racism programs, commemorating John Lewis’ yearly leadership in securing these appropriations requests. In September, Chairman Hastings and other Helsinki Commissioners joined members of the European Parliament’s Civil Liberties Committee and Subcommittee on Human Rights to discuss combating racism and systemic discrimination on both sides of the Atlantic. In October, Ranking Member Cardin joined the office of the OSCE High Commissioner on National Minorities for an online event that evaluated the applicability of the 2006 Recommendations on Policing in Multi-Ethnic Societies, highlighted relevant legislation, and discussed structural changes to address discriminatory police violence. Ahead of International Roma Day in 2020, the Helsinki Commission hosted a discussion about racism against Roma, the largest ethnic minority in Europe who have historically faced enslavement and continue to battle discrimination. The conversation focused on the state of Roma rights in Europe, as well as resolutions introduced by Helsinki Commission leaders to celebrate Romani American heritage. Reports from nearly every corner of the OSCE region suggest that minority groups have been impacted especially hard by the COVID-19 pandemic, and an extended episode of "Helsinki on the Hill" takes an in-depth look at the pandemic’s impact on vulnerable populations, such as the Roma, and the role of governments in addressing that impact. In December 2019, the Helsinki Commission convened a hearing to focus on public diplomacy initiatives that cultivate leaders who espouse democratic principles, including inclusive and representative governance. The commission also released a podcast discussing how to achieve equitable and inclusive democracies through political inclusion and economic empowerment. Guests discussed their experiences on the front lines of the fight for greater diversity and inclusion in Europe, and in the transatlantic policymaking space more broadly. Members of the Helsinki Commission have long supported diversity and inclusion efforts in international affairs including through the annual Transatlantic Inclusion Leaders Network (TILN) workshop, a hearing about the state of diversity and inclusion in Europe, and a new transatlantic democracy program for youth “On the Road to Inclusion.” In March 2020, Chairman Hastings introduced the Leadership Institute for Transatlantic Engagement (LITE) Act, calling for the creation of a transatlantic institute focused on strengthening democratic principles and values in the West, as well as pioneering inclusive and intergenerational solutions to current challenges that would empowering individuals across generations and from diverse backgrounds with the knowledge, tools, opportunity, and access to fully participate in their democracies. The commission also supports diversity in the diplomatic corps. Chairman Hastings, Co-Chairman Wicker, and Ranking Member Cardin joined bipartisan Congressional efforts to support annual funding for State Department and USAID diversity fellowship programs, as well as study abroad opportunities. Parliamentary Diplomacy Parliamentary diplomacy advances comprehensive security and democratic institutions in the OSCE region and acts as a tool to promote safe, inclusive and equitable societies. Commissioners have championed the development of parliamentary assemblies for regional organizations throughout the world and participate regularly in the OSCE Parliamentary Assembly (OSCE PA), which offers opportunities for engagement among parliamentarians from OSCE participating States. The Helsinki Commission organizes bicameral U.S. delegations to OSCE PA meetings throughout the year. With 17 of 323 seats, the United States has the largest representation in the assembly. In the 116th Congress, commissioners explored ways to defend human rights, hold the Kremlin accountable, and maximize cooperation with OSCE Mediterranean partners at OSCE PA meetings. Commissioners visited Hungary, Tunisia, Israel, and Morocco in bipartisan delegations aiming to strengthen shared principles, and Commissioners reported on these visits at OSCE PA meetings as well. Co-Chairman Wicker led the largest bipartisan, bicameral U.S. delegation in history to the 28th Annual Session of the OSCE PA in July 2019 in Luxembourg. At this annual session, Helsinki Commission Ranking Member Cardin, who also serves as OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, hosted a U.S. side event in his capacity as Special Representative on the topic of adopting an action plan to counter hate and foster inclusion. Following a two-day seminar organized by Helsinki Commission and the OSCE PA in February 2020, Future Leadership for Political Inclusion in the OSCE Region: A Seminar for Young Parliamentarians, nearly 20 young legislators from OSCE participating States issued a joint declaration emphasizing the important role young people must play in addressing human rights and security challenges across the world. The commission hosted OSCE PA officials for a briefing in December of 2019 to share a parliamentary perspective on the priorities and objectives of the Albanian chairmanship of the OSCE amid regional conflicts and resistance to democratic reforms in some countries in the OSCE region. The commission also regularly hosts hearings, convenes panels, and participates in events related to parliamentary diplomacy, highlighting the important role the OSCE PA and other parliamentary assemblies play in holding governments accountable to standards of cooperation and human rights. Corruption During the 116th Congress, the Helsinki Commission promoted efforts to combat corruption in the OSCE region, recognizing it as a threat to democracy, security, and human rights. The commission’s work focuses on authoritarian kleptocracy, a form of autocratic government that relies on financial globalization and secrecy to steal and maintain power. Members of the Helsinki Commission introduced the Rodchenkov Act, the Kleptocrat Exposure Act, the Combating the Illicit Trade in Tobacco Products Act (CITTPA), the Countering Russian and Other Overseas Kleptocracy (CROOK) Act, the Foreign Extortion Prevention Act, and the Transnational Repression Accountability and Prevention (TRAP) Act. The Rodchenkov Act passed through both chambers of Congress and was signed into law by President Trump on December 4, 2020. The act establishes criminal penalties for doping schemes, provides restitution for victims, protects whistleblowers from retaliation, and shares information with the U.S. Anti-Doping Agency. Passage of the bipartisan legislation was spearheaded by Co-Chairman Wicker and Commissioner Sen. Sheldon Whitehouse (RI) in the Senate and former Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) in the House of Representatives. “This legislation is a great bipartisan accomplishment for the rights of athletes, the protection of whistleblowers, and our common goal of keeping criminals out of international sports,” said Co-Chairman Wicker. The commission also organized briefings to draw attention to issues like money laundering and official corruption, as well as to share best practices on innovative corruption policies.
Co-Chairman Wicker on Secretary of State’s New Designations under International Religious Freedom ActThursday, December 10, 2020
WASHINGTON—Following U.S. Secretary of State Mike Pompeo’s December 7 designations for Countries of Particular Concern (CPC) and the Special Watch List for the worst religious freedom violations, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Secretary Pompeo rightfully redesignated Tajikistan and Turkmenistan as Countries of Particular Concern. These governments continue to arrest, detain, and torture people for their faith, despite repeated CPC redesignations. It is time for the president to take actions required by the International Religious Freedom Act of 1998, which include sanctions against foreign government officials who have committed or are responsible for severe and egregious religious freedom violations. “Russia’s continued presence on the Special Watch List underscores the need for the Senate to pass the Ukraine Religious Freedom Support Act. The Kremlin brutally persecutes religious communities in the parts of Ukraine it illegally occupies or otherwise controls by force. This legislation would ensure the president has the authority necessary to hold Russian government officials accountable for their brutality in Ukraine. “Under the leadership of President Shavkat Mirziyoyev, Uzbekistan commendably has released religious prisoners, registered more religious organizations, and maintained the ban on police raids against religious communities. However, it is essential that reforms continue. Uzbekistan should work with the Organization for Security and Cooperation in Europe and Council of Europe’s Venice Commission on its draft religion law to ensure that the final version complies with Uzbekistan’s OSCE commitments and international obligations.” As participating States of the Organization of Security and Cooperation in Europe, Tajikistan, Turkmenistan, Russia, and Uzbekistan have repeatedly made commitments to recognize, respect, and protect religious freedom. Even though Turkmenistan has been a CPC since 2014 and Tajikistan since 2016, presidents have always waived taking the presidential actions against them required by the International Religious Freedom Act of 1998. Russia has been on the Special Watch List since 2018. In November 2020, the House of Representatives unanimously passed the Ukraine Religious Freedom Support Act (H.R. 5408) introduced by Helsinki Commissioners Rep. Joe Wilson (SC-02) and Rep. Emanuel Cleaver, II (MO-05). The Senate companion (S. 3064), introduced by Sen. Wicker and cosponsored by Helsinki Commissioner Sen. Jeanne Shaheen (NH), also awaits Senate action. Under binding international humanitarian law, like the Geneva Conventions, the Russian Government is responsible for religious freedom violations in Ukrainian territory it occupies or controls through armed groups it commands. The Ukraine Religious Freedom Support Act would authorize the president to consider Russia’s worst religious freedom violations in Ukrainian territory—not just violations in Russia—when determining whether to designate Russia as a CPC. Uzbekistan was a CPC from 2006 to 2017 and on the Special Watch List from 2018 to 2019. Sen. Wicker has repeatedly urged Uzbekistan to request a review of its draft religion law by the OSCE’s Office for Democratic Institution for Human Rights. Sen. Wicker made the requests in a 2018 letter to Foreign Minister Abdulaziz Kamilov, during a 2018 Helsinki Commission hearing, and in a 2019 public statement. A recent joint review by ODIHR and the Venice Commission review concluded that although “the Draft Law brings some improvements compared to the existing legislation…the Draft Law also maintains major restrictions and suffers from deficiencies that are incompatible with international human rights standards.” The review included recommendations to make the law compliant.
COVID-19 IMPACTS OSCE’S 2020 HUMAN DIMENSION WORKMonday, December 07, 2020
By Erika Schlager, Counsel for International Law; Janice Helwig, Senior Policy Advisor; and Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE The regular and planned schedule of OSCE meetings for 2020 was significantly altered by the COVID-19 pandemic. It now falls to the 2021 Chair-in-Office, Swedish Foreign Minister Ann Linde, to steward the Organization—and its human dimension activities—through the next phase of the pandemic. Changes to the OSCE’s regular order began on March 14, when Austrian authorities ordered a lockdown in response to the emerging pandemic. OSCE meetings in Vienna, where the OSCE is headquartered, were canceled for the second half of that month. Pressing business was conducted remotely, which allowed the Permanent Council to renew the mandate for the Special Monitoring Mission (SMM) in Ukraine and adopt the SMM budget on March 19. After a regularly scheduled recess from April 6 to April 17, some OSCE meetings resumed as the organization shifted to primarily online meetings. Some used a “hybrid” or “blended” format, permitting in-person engagement in Vienna (to the extent that in-person gatherings were allowed by changing local health measures), reinforced by additional participation through videoconferencing. Two-day Supplementary Human Dimension Meetings, the Alliance Against Trafficking meeting, and the Annual Security Review Conference were held in a hybrid format. Some other meetings, such as the annual Human Dimension Seminar in Warsaw, were not held at all. Separately, the OSCE Parliamentary Assembly canceled its annual session, which had been scheduled in Vancouver in July. 2020 Human Dimension Implementation Meeting As the participating States and the OSCE institutions strove to adjust to circumstances created by the COVID-19 pandemic, convening the annual Human Dimension Implementation Meeting (HDIM) presented particular challenges due to its length and complexity. Reflecting the extraordinary times, the 2020 Human Dimension Implementation Meeting was canceled by decision of the participating States. Spanning two weeks, the HDIM is significantly longer than other OSCE meetings. It typically draws more than a thousand representatives of government and civil society from across the OSCE’s expansive time zones. According to its mandate, the HDIM holds six hours of formal sessions each day covering the full range of human dimension concerns including freedoms of assembly, association, expression, and religion or belief; countering anti-Semitism, racism, and xenophobia; and democratic institutions such as free and fair elections, the rule of law, and independence of the judiciary. Dozens of side events are also organized by nongovernmental organizations, OSCE institutions, other international organizations, and participating States, which meet for up to an additional six hours a day. Side events allow participants to focus on specific issues of concern in greater depth. The most significant aspect of HDIM is that civil society representatives may speak during formal sessions on equal footing with government representatives. Governments and civil society alike use HDIM as a forum to cultivate contacts among and between civil society and governments. As a practical matter, the critical human rights violations that would be the focus of any implementation review were unabated by the pandemic. On the contrary, some governments used the pandemic to distract from their long-standing human rights shortcomings. In addition, the pandemic created additional areas of concern, such as government surveillance ostensibly related to health monitoring, punitive measures against real or alleged critics of a government’s pandemic responses, and the scope and duration of emergency measures adopted in response to the pandemic. When considering how to hold the HDIM in the context of COVID-19, organizers and participants alike debated how, or indeed whether, HDIM’s unique aspects could be shoe-horned into an on-line format. The United States argued that the HDIM could and should be convened in an adjusted, blended format. “It is precisely because of the impact of the pandemic on human rights and democracy that the HDIM must be held. [. . .] 2020 is EXACTLY the year we need HDIM most.” Harry Hummel, advisor to the Netherlands Helsinki Committee with extensive experience attending HDIMs, noted that some of these challenges had already been met for the first two Supplementary Human Dimension Meetings and that hybrid meetings would have some advantages. However, he concluded that all online or hybrid HDIM variants would have significant disadvantages for civil society, particularly since one of the most important components of the HDIM—informal, person-to-person contacts—could not be replicated virtually A majority of OSCE participating States agreed. After extensive consultations among participating States, the Chair-in-Office, and the Office for Democratic Institutions and Human Rights (ODIHR) —the OSCE institution mandated to organize the HDIM—the Permanent Council decided on September 11 that the HDIM (originally scheduled for September 21–October 2) would, exceptionally, not take place in 2020 due to the unprecedented, extraordinary, and unpredictable circumstances caused by the ongoing COVID-19 pandemic. The Permanent Council also stated that this decision did not establish any precedent for the organization of future HDIMs. Following the announcement, Chairman Alcee Hastings stated, “We should use this time wisely by redoubling our efforts to ensure that all OSCE participating States implement their OSCE commitments. The pandemic has revealed—and in some cases amplified—human rights shortcomings, democratic weaknesses, racial inequities, and social vulnerabilities across the region.” At a hearing before the Helsinki Commission on September 17, OSCE Chair-in-Office Edi Rama reaffirmed the importance of HDIM. He stated, “This is a huge loss for our organization. Together with [the] Permanent Council, [the] Human Dimension Implementation Meeting is a constituent part of the OSCE’s mechanism for the review and assessment of the implementation of our commitments.” Working to Keeping Human Dimension Issues Top of Mind To provide an additional platform in 2020 for human dimension issues, the OSCE held a series of webinars between September 28 and November 6, 2020, organized by ODIHR in cooperation with the Office of the Representative on Freedom of the Media (RFoM) and the Office of the High Commissioner on National Minorities (HCNM), and with the support of the 2020 Albanian OSCE Chairmanship. The sessions focused on racism, xenophobia, and intolerance and discrimination; combating racism and discrimination against Roma; the rule of law; access to information and freedom of the media; democratic lawmaking; multilingual education; and human rights defenders. Some of the webinars touched on subjects such as the prevention of torture (part of the discussion on human rights defenders) and access to information that also were the subject of subsequent negotiations for Ministerial Council decisions. Although the webinars raised important human rights issues, they could not substitute for the HDIM, particularly as their format and short duration did not permit significant dialogue with civil society. Looking Ahead to 2021 In a December 3 address to the annual OSCE Ministerial Council, U.S. Deputy Secretary of State Stephen Biegun called for sustained vigilance. “We must press governments to uphold their human dimension commitments, give audience to the voices of civil society, and hold a Human Dimension Implementation Meeting in 2021 where governments are called to account for their actions,” he said. As 2021 Chair-in-Office, Sweden will have the task of consulting with the participating States on the entire calendar of OSCE meetings and events, continuing to adjust plans as needed in light of the COVID-19 pandemic. There has been strong support among participating States for moving the HDIM, which is typically been held in the early fall, to earlier in the year to prevent any conflict with the annual United Nations General Assembly meeting. Given the inability to hold a regular HDIM in 2020, if public health conditions permit, it would be ideal to move the HDIM forward in 2021.
Europe Whole and Free? The Future of the OSCEThursday, December 03, 2020
On November 20, the Woodrow Wilson Center, in cooperation with the U.S. Helsinki Commission, hosted “Europe Whole and Free: The Future of the OSCE.” The event discussed a divided Europe and the responsibility of the United States to help obtain peace on the continent. The event featured Helsinki Commission Ranking Member Sen. Ben Cardin (MD) and Commissioner Rep. Robert Aderholt (AL-04), as well as other leading voices on European security and cooperation. The event celebrated the 30th anniversary of the Charter of Paris for a New Europe, which was signed by 34 heads of state and government during a Conference on Security and Cooperation in Europe Summit (CSCE) held in the French capital from November 19 to 21, 1990. The political agreement charted a path forward following Cold War confrontation and ushered in a new era as states made an unprecedented commitment to domestic individual freedoms, democratic governance, human rights, and transnational cooperation. By institutionalizing the CSCE as a platform to realize peace and security, this process created the Organization for Security and Cooperation in Europe (OSCE), which today is the world’s largest regional security organization, comprising 57 participating States. Participants delved into the history of the Helsinki Final Act and the Charter of Paris, acknowledging that these agreements hold particular importance as milestones of European and transatlantic cooperation. They also expressed optimism concerning transatlantic cooperation under President-elect Joe Biden and stressed the importance of continuing dialogue regarding Charter of Paris commitments. “I think Joe Biden recognizes that U.S. involvement globally is going to be in the United States’ interest,” said Sen. Cardin. “You’re going to see a president who will embrace those allies that share our values, but he’ll engage all of the countries. But he’ll be anchored in our values, which, by the way, are the Helsinki Final Act values and reinforcing the Charter of Paris.” As democracy and human rights are systematically challenged in the OSCE region, Robert Ryberg, Deputy Deputy Minister for Foreign Affairs of Sweden and incoming OSCE Chair-in-Office, noted that recent developments in Ukraine and Belarus demonstrate that nearly all serious challenges to the OSCE region’s security stem from situations where the fundamental principles of Helsinki and Paris are not respected. Many speakers pointed out the need for accountability within the OSCE and reinvigorated political investment from participating States in order to realize Chart of Paris ideals. “As no one participating in that Paris Charter could predict the collapse of the Soviet Union, which at that time was literally only a year away, we cannot yet see the contours of the world that will emerge from the lockdowns that we are seeing now and this disruption that the coronavirus has really brought to the entire world,” said Rep. Aderholt. “Whatever the future holds, I believe that a revitalized OSCE will be a powerful asset for our leaders as they navigate in a new era and as we continue to call upon all governments to respect inalienable rights.” Speakers also called for a reinvigoration, and in some cases reform, of the OSCE, as well as the promotion of multilateralism, as avenues to continue the vital work of the OSCE. Photos Courtesy of the Woodrow Wilson Center and the Ministry of Foreign Affairs of France
A Parliamentary Perspective on the 30th Anniversary of the Charter of ParisThursday, December 03, 2020
On November 20, the OSCE Parliamentary Assembly (OSCE PA) and the French Delegation to the OSCE PA hosted a commemorative event celebrating the 30th anniversary of the Charter of Paris for a New Europe. Speakers reflected on the momentous document and discussed how to the OSCE can continue to provide value within today’s complex international framework. The Charter of Paris was signed by 34 heads of state and government during a Summit of the Conference on Security and Cooperation in Europe (CSCE) in the French capital from November 19 to 21, 1990. The political agreement charted a path forward following Cold War confrontation and ushered in a new era as states made an unprecedented commitment to domestic individual freedoms, democratic governance, human rights, and transnational cooperation. The agreement led to the institutionalization of the CSCE as well as the regularization of its meeting, setting the stage for the transformation of the ongoing conference to an organization, the OSCE, in 1995. This included the founding of the Parliamentary Assembly in 1991. As the Charter of Paris turns 30, speakers reflected on its history and expression of hope for unity, stability and peace – goals which seemed attainable at the time but appear more distant today. Ann Linde, the Minister for Foreign Affairs of Sweden and incoming OSCE Chairperson-in-Office, stressed the OSCE and OSCE PA’s critical role in resolving challenges that threaten the OSCE region’s collective security, such as Russia’s violation of Ukraine’s territorial integrity and the post-election crackdown in Belarus. OSCE PA President George Tsereteli said, “it is clear that we as politicians and parliamentarians need to work very hard.” He encouraged his colleagues to confront crises in democracy and strive to realize Charter of Paris commitments. Participants of the event acknowledged the need to strengthen participating States’ commitments to the charter’s ideals through cooperation and dialogue. These calls for action were within the context of current geopolitical conflicts, as well as an effort to find ways to reach consensus with Russia. “The OSCE has become the premier international organization promoting human rights… It is a proud record, but it’s a record that can be improved. The OSCE needs to work on openness, access to non-governmental organizations. But the problem within the OSCE states today is principally noncompliance of the states with the principles, not the deficiencies in the organization itself,” said Helsinki Commission Ranking Member and OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance, Sen. Ben Cardin. “Every state can do better,” Cardin said. “So, let us on this 30th anniversary of the Paris Charter remember our mission to build, consolidate, and strengthen democracies as the only system of government of our nations. You cannot be neutral in democracy.”
The OSCE Celebrates 30 Years of the Charter of ParisFriday, November 20, 2020
By Emma Derr, Max Kampelman Fellow November 21, 2020, marks the 30th anniversary of the Charter of Paris for a New Europe, a groundbreaking document of the Conference on Security and Cooperation in Europe (CSCE). The charter was signed by 34 heads of state and government during a CSCE Summit in the French capital from November 19 to 21, 1990. The political agreement charted a path forward following Cold War confrontation and division caused by Soviet domination in the east. It ushered in a new era as states made an unprecedented commitment to domestic individual freedoms, democratic governance, human rights, and transnational cooperation. By institutionalizing the CSCE as a platform to realize peace and security, this process transformed the multilateral Conference into the Organization for Security and Cooperation in Europe (OSCE), which today is the world’s largest regional security organization, comprising 57 participating States. The charter states, “Europe is liberating itself from the legacy of the past. The courage of men and women, the strength of the will of the peoples and the power of the ideas of the Helsinki Final Act have opened a new era of democracy, peace and unity in Europe.” Known by many as the “Helsinki Process,” both the CSCE and its OSCE successor have been based on ten principles guiding relations between participating States, enshrined in the Helsinki Final Act. The charter marks a triumph of the comprehensive definition of security these principles represent and a moment of unity, which participating States hoped to maintain through enhanced cooperation. During the OSCE’s three-session Security Days event in October “Revitalizing Trust and Co-operation in Europe: Lessons of the Paris Charter,” former U.S. Secretary of State James A. Baker III, who played a leading role in the charter’s formation, recalled signing the agreement as an “optimistic, almost festive event.” “It encapsulated so much that was positive about the process that had begun with the Helsinki Final Act in 1975,” he said. “It envisioned a new and inclusive continent based largely on western values, particularly the value of democracy.” The Enduring Value of the OSCE Since 1990, the OSCE has acted as a forum for political dialogue and a platform for joint action across North America, Europe, and Asia through its institutions, structures, and field operations. As its occupation of Crimea and military intervention in Eastern Ukraine have led to Russia’s isolation and sanctions by the United States and others in recent years, the OSCE is one of the few remaining multilateral forums for American diplomats to directly engage with their Russian counterparts. As an organization promoting the principles of democracy and as a forum for conflict resolution, the OSCE is a valuable tool to hold authoritarian regimes accountable throughout the region, which stretches from Vancouver to Vladivostok. Chairman of the U.S. Helsinki Commission Rep. Alcee L. Hastings and U.S. Ambassador to the OSCE James S. Gilmore III see the OSCE as a forum where the United States remains engaged and committed to the ideals cemented in the Charter of Paris. “Through the OSCE, the United States directly confronts the deceit of Russia and other authoritarian powers. By raising our voices, through our participation and leadership, we reassure our friends that the United States stands with them and supports our shared values against the growing tide of autocracy,” Rep. Hastings and Amb. Gilmore stated in an August 2020 op-ed. The organization continues to play a critical role in regional conflicts in and amongst participating States. The OSCE’s Special Monitoring Mission (SMM) to Ukraine is the only independent observer group with a permanent presence in the war zone. “The OSCE’s broad membership and comprehensive definition of security make it an ideal platform to advocate for our interests in a vital region,” stated Helsinki Commission Co-Chairman Sen. Roger Wicker and Ranking Member Sen. Ben Cardin in a 2018 article describing the OSCE’s timeless value. “Its institutions remain singularly placed to moderate regional conflicts, promote respect for human rights, and safeguard essential elements of democracy.” The OSCE operates field missions in 13 participating States with the goal of supporting the development of host countries’ democratic institutions, legal frameworks, and ability to meet various human rights, media freedom, and policing commitments. OSCE field mission staff are praised by Carnegie Europe Senior Fellow Thomas de Waal as “some of the unsung heroes of Europe’s darkest corners.” The Charter of Paris articulated a new era of economic commitments, and the OSCE provides frequent opportunities for representatives of OSCE governments to discuss best practices concerning free market economies, economic cooperation and environmental issues. The OSCE also organizes international election observation missions to transitional and well-established democracies alike, observing and reporting on adherence to democratic election commitments. New Challenges Much has changed since the end of the Cold War, and the anniversary of the charter provides an opportunity to renew commitments to cooperation and examine how the OSCE will meet current and emerging challenges. During October’s Security Days event, former OSCE Secretary General and former High Commissioner on National Minorities Ambassador Lamberto Zannier called for reinvigorated political support and investment by participating States to enable the OSCE to continue its vital work. He cited the post-Soviet transition in Ukraine and Serbian elections in Kosovo as examples of these efforts. During his remarks at the event, Baker concluded that in this spirit, the OSCE can find new methods of cooperation to meet 21 century challenges. “Our message should not be much different than it was three decades ago,” he said. “States should fulfill the promises they made in the Paris charter 30 years ago.” The 30th anniversary inspired other webinar discussions, such as IFSH Hamburg’s Event, “30 Years Charter of Paris: Lessons for Pragmatic Cooperation in the OSCE Area,” which discussed the strengths and weaknesses of the Charter of Paris, as well as potential reforms to the OSCE. The Stockholm International Peace Research Institute (SIPRI) also engaged in the anniversary and hosted the event “(Dis)functional International Security Institutions? The Organization for Security and Cooperation in Europe (OSCE) Today.” The OSCE’s Parliamentary Assembly and the French Delegation to the Assembly held an online, public discussion “The 30th Anniversary of the Charter of Paris: A Parliamentary Perspective,” on November 20, which discussed how to the OSCE can continue to provide value within today’s complex international framework. Finally, on November 20, the Woodrow Wilson Center in cooperation with the U.S. Helsinki Commission also hosted an event, “Marking the 30th Anniversary of the Charter of Paris for a New Europe - Europe Whole and Free: The Future of the OSCE.” The discussion included the U.S. Helsinki Commission’s Ranking Member Sen. Ben Cardin and Commissioner Rep. Robert Aderholt, as well as other leading voices on European security and cooperation. Photos Courtesy of the Ministry of Foreign Affairs of France
OSCE ELECTION OBSERVERS RELEASE 2020 PRELIMINARY FINDINGS ON THE UNITED STATES GENERAL ELECTIONSFriday, November 13, 2020
By Emma Derr, Max Kampelman Fellow and Robert Hand, Senior Policy Advisor The U.S. election system has passed the “extreme stress test,” according to the head of the 2020 general election observation mission organized by the Organization for Cooperation and Security in Europe. International observers representing 39 OSCE participating States presented their preliminary conclusions at a press conference on November 4, 2020 in Washington D.C. The observation mission is a joint effort between the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the OSCE Parliamentary Assembly (PA). Ambassador Urszula Gacek of Poland, who led the ODIHR observers, said the U.S. electoral system had been subjected to an “extreme stress test” this year due to COVID-19 and the polarized political climate. While announcing the mission’s findings, she concluded, “The American electoral process appears to have passed that test.” Observers deliver the post-election statement in Washington D.C. Photo courtesy of the OSCE PA. In 1990, all OSCE participating States pledged to hold free and fair elections and to invite international observers. To meet this OSCE commitment, in March 2020 the U.S. Department of State invited the OSCE to observe the November 3 elections. As part of the OSCE election observation process, the observers focus their reporting on issues such as legal framework, election administration, new voting technologies, campaign environment and finance, and coverage of elections by media. Recommendations are then issued to improve the electoral processes to benefit citizens. “The United States is leading by example, showing that election observation is a way to promote democracy both at home and abroad,” said OSCE Parliamentary Assembly member Michael Georg Link, who served as Special Coordinator and leader of the short-term observer mission. This is the ninth election the OSCE has observed in the U.S. since 2002. The OSCE began its work during the summer of 2020 by conducting a comprehensive review of the electoral process. A Needs Assessment Report was published in July, which recommended observation. Once the core team of the observation mission was deployed, an Interim Report was released in October. Head of OSCE PA election observation mission Kari Henriksen in Ann Arbor, Michigan in October. Photo courtesy of the OSCE PA. The Needs Assessment Report noted “the conduct of these elections will be the most challenging in recent decades” and that “in a highly polarized environment, there is an increased need for external and independent overview of the electoral process, including of the election day proceedings.” ODIHR sent a limited election observation mission (LEOM) to the United States on September 29, which included observing early voting. The core team was comprised of eleven experts from ten participating States, led by Gacek. On election day, 50 observers were deployed by ODIHR, alongside 65 observers that included parliamentarians and support staff from the OSCE PA, to 30 states and the District of Columbia. Michael Georg Link and Andreas Nothelle speak with a poll worker at a polling station in Washington D.C. on Election Day. Photo courtesy of the OSCE PA. Despite the challenges, the OSCE team was confident it produced a thorough, impartial, fact-based assessment. As Link noted, the OSCE’s role is not to draw a “thumbs up, thumbs down” political conclusion or compare results to other countries or even to previous elections in the same country. The mission hopes to foster post-election dialogue about its recommendations, and a final report is expected in January 2021. All OSCE election observation reports are accessible on the OSCE website. Findings Overall Assessment The OSCE’s Preliminary Report concluded that the November 3, 2020 general elections were free and fair, as well as “competitive and well managed despite legal uncertainties and logistical challenges.” It also noted that the pluralistic and diverse media provided comprehensive coverage of the campaign. Freedom of expression was respected, and a wide range of available election-related information enabled voters to make an informed choice. Early and postal voting was significantly expanded, allowing for higher voter participation amid the COVID-19 pandemic. The work of election administration under difficult circumstances “enjoyed general confidence.” The elections were “extensively observed” by both partisan and non-partisan citizen observers, which increased the transparency of the election process. The preliminary report stated, “Election day was orderly and took place in a peaceful atmosphere without unrest or intimidation. Mitigating measures against the pandemic were generally in place and followed.” Any interruptions at polling places due to problems with voting equipment were quickly addressed. Political Polarization The 2020 presidential campaign was characterized by deep political polarization. During the year, controversy arose regarding the conduct of elections amid the COVID-19 pandemic which took hold in February and March. The death of George Floyd in Minneapolis in late May elevated calls for racial justice, leading to peaceful protests as well as confrontation and instances of violence. The OSCE/ODIHR Election Observation Mission 2016 Final Report said that the last presidential campaign was characterized by harsh personal attacks and intolerant rhetoric by one candidate, a trend that continued in 2020. This year’s preliminary findings highlighted the incumbent president’s “discriminative and pejorative statements” and also noted that “the two leading presidential candidates accused each other of corruption, fraud, working for foreign interests, an inability to lead, and support for extremist groups.” Overall, the international election observers concluded that this rhetoric shifted the focus away from policies and party platforms and toward negative campaigning. Legitimacy of Elections The 2020 Interim Report noted that many ODIHR election observers expressed concerns about the “the incumbent President’s repeated allegations of a fraudulent election process and postal vote in particular.” This led to concern over public trust in the process and outcome as well as the potential for political violence in the aftermath of elections. At the November 4 press conference, Link stated that “baseless allegations of systematic deficiencies, notably by the incumbent President, including on election night, harm public trust in democratic institutions.” Link and Gacek both said that the OSCE’s observations will be ongoing as the votes continued to be counted. “Nobody – no politician, no elected official – should limit the people’s right to vote. Coming after such a highly dynamic campaign, making sure that every vote is counted is a fundamental obligation for all branches of government,” said Link. Alternative Voting The preliminary findings indicate “an unprecedented volume of litigation over voting processes in the months before the elections, with over 400 lawsuits filed in 44 states.” The report states that such litigation, focusing on minimizing the COVID-19 health risks of in-person voting, created uncertainty and placed undue burden on voters and election officials. Despite these obstacles, opportunities to vote early were expanded due to the pandemic. The interim report said that even though there was concern over the level of preparedness of election officials with minimal exposure to postal votes, many states allowed absentee ballots to be processed before election day and allowed voters to correct mistakes that may have otherwise led to ballot rejection. According to the preliminary report, “Early voting was conducted in-person in 39 states and the District of Columbia, with voting periods ranging from 45 to 3 days. Long queues were reported in a number of states. All states provided voters with the option to cast a postal ballot…By election day, more than 100 million voters had already cast their votes.” The OSCE observed the processing and handling of postal ballots and reported no indication of systemic problems or issues. Secrecy of the vote is not guaranteed by all states for postal and out-of-country electronic voting, which the report—in line with several previous EOM reports—notes does not align with OSCE commitments. Election Observation On election day, the OSCE observed the election process and visited a limited number of polling stations. According to the preliminary report, “Election day was observed by numerous partisan and non-partisan citizen observers across the country, with rights and responsibilities ranging from observing signature and ballot verification to challenging the eligibility of a voter or of individual ballots.” Gacek lauded the enormous effort made by election workers and citizens working the polls, as well as a record voter turnout amidst pandemic challenges and legal uncertainty. “We were received very favorably -- made to feel very welcomed,” said Gacek. Five states and the District of Columbia permit observation by international observers by law, and eighteen states restrict observation. During the press conference, Link noted that there are a number of states where international election observers are not allowed inside polling premises. The OSCE has noted these restrictions since its 2004 report. Link said that he hoped state laws would be amended to allow for international observer access, as the current restrictions are not in line with OSCE commitments. However, Article 1 of the U.S. Constitution devolves the responsibility to conduct elections to the states. As a part of this power, each state has different laws about election observers. Some do not allow international election observers into polling places. Other states do, but most are silent on the matter, leaving it to the discretion of election officials. Disenfranchisement Disenfranchisement has been an issue raised by OSCE election observation missions since 2008. For example, the OSCE noted that U.S. residents of the District of Columbia and overseas territories do not have voting representation in Congress. Also, an estimated 5.2 million citizens are not permitted to vote due to criminal convictions, even after serving their sentence. The OSCE notes that this restriction disproportionately affects African Americans and violates the principles of universal suffrage. Voter Registration and Identification As stated in previous reports of OSCE election observation missions to the United States, 2020 observers concluded in the “Statement of Preliminary Findings and Conclusions” that voter registration and identification requirements can be unduly restrictive for certain groups of citizens, such as Native Americans and low-income citizens. Identification documents are required in 34 states. Campaign Finance Since 2008, OSCE reports on U.S. elections noted a high level of campaign spending; this year, the mission estimated that campaign expenditures were expected to reach $14 billion. OSCE concerns include campaign finance laws that facilitate a lack of donor transparency and unlimited spending of Super PACs.
Remarks from Sen. Cardin Concerning Election Observation and Vienna Terrorist AttackThursday, November 12, 2020
Statement at the OSCE Parliamentary Assembly Meeting of the Standing Committee Mr. Secretary General on behalf of the U.S. Helsinki Commission, let me congratulate our president, our secretary general, and leadership of the OSCE parliamentary assembly. I know I am joined by Senator Roger Wicker, our vice president, and Congressman Richard Hudson the Chair of the First Committee in congratulating you on the manner of which you have adjusted to this pandemic, so that the Parliamentary Assembly can deal with the challenges of our time. Whether hot spots or dealing with the pandemic, I believe the OSCE Parliamentary Assembly has adjusted to this crisis and has been extremely relevant. So first, our congratulations to you for a job very well done. “A fundamental function of any democracy is ensuring that citizens are able to vote and know that their vote will be counted.” That was a quote from our former president Alcee Hastings. I send you greetings from Alcee, who is undergoing treatment and could not be on the call today. I know and I ask that we all keep him in our prayers, as he is dealing with his health concerns. I want to thank as the Secretary General has pointed out, those who have been involved in the election observation missions. It is not easy to cross the Atlantic and observe an election in the United States, and I thank you all for your participation in our election. I had the chance to address the parliamentarians through video when they were here, and we very much appreciate the fact that they really added to the importance of the observation role of the OSCE Parliamentary Assembly. So, congratulations to all who participated. We are very proud of our democracy in the United States. We recognize that no democracy is perfect. We all need to be on a path towards improvement, and as the Special Representative on Anti-Semitism, Racism, and Intolerance of the Parliamentary Assembly, I am particularly sensitive to the use of racial and religious tropes to try and influence votes or when some try to disenfranchise those who are eligible to vote. Areas in which we can use some improvement. So, we obviously are monitoring such issues very closely in all of our participating States, including in the United States. I have introduced legislation to deal with some of these issues on disenfranchisement and to deal with other issues on intimidation. But I think we can all acknowledge that the overwhelming participation of Americans of all backgrounds in our election demonstrates the continued vibrancy of our democracy. And again, I thank you all for your observations and I can assure you that we are going to continue to try and improve in America and help all the states within the OSCE in their free and fair elections. I do want to acknowledge the horrendous terrorist attack and offer our condolences for what happened in Vienna - the home of the OSCE – on the street outside the synagogue that survived Kristallnacht. It is a particular concern that we all recognize that the victims came from various faiths and ethnicities. And it just recalls Mr. President, that in 2016 at our annual meeting, the United States offered a supplemental item - a call for OSCE action to address violence and discrimination - so that we deal with the concerns of what we see in healing and guarding against prejudice and discrimination. As your Special Representative charged with this function, I want to suggest that we revisit that resolution, and I particularly want to thank you for your support of the mission of special representation on behalf of the OSCE Parliamentary Assembly through your actions and statements in the forums that have been held during this pandemic because you recognize the pandemic does add pressure to these types of issues. Thank you very much for your support. I am proud to represent the Parliamentary Assembly in this area.
Coronavirus in the OSCE RegionFriday, October 30, 2020
By Emma Derr, Max Kampelman Fellow A novel coronavirus was first identified in Wuhan, China in December 2019. Termed COVID-19, the disease spread rapidly around the globe. As of October 2020, 1.18 million people have died from COVID-19, and over 227,000 of these deaths have occurred in the United States. COVID-19 is one of the most devastating public health crises since the Spanish Flu of 1918. From hospital beds to protective gear, governments across the world face significant challenges in combating its morbidity and death rates. In addition to the domestic coronavirus policies implemented at the national level, multilateral organizations such as the Organization for Security and Cooperation in Europe (OSCE) have taken their own steps to curb the vast negative impacts of the novel coronavirus. Examples of Coronavirus Policy Responses across the OSCE Region Countries in the OSCE region have developed a wide variety of policies to combat the significant public health, political, and economic challenges caused by the coronavirus. As the number of cases has surged or declined in various countries, coronavirus restrictions are changing on a weekly basis. In most countries, policies exist at a national level, and many countries have also imposed regional restrictions. In the United States, state and local authorities impose their own restrictions. The varying responses of the United States, Sweden, France, and Turkmenistan illustrate the many coronavirus policy differences that exist in the OSCE region. The scientific publication “Our World in Data,” in collaboration with the University of Oxford, created a “Government Response Stringency Index” using nine response indicators, including school closures and travel bans. With 100 as the strictest ranking, the index currently ranks the United State at 62.5, France at 46.76, and Sweden at 37.04. Turkmenistan is not on the index. Government Response Stringency Index as of October 28, 2020. Graphic courtesy of Our World in Data. United States In the United States, federal action largely has been confined to restrictions on international travel and immigration, with state governors enacting their own policies concerning closures and restrictions. State policies differ in scope and timeline but most center around issues such as face mask requirements, the number of people who can gather, health guidelines for business operations, social distancing measures, state travel restrictions and quarantine orders, restaurant and bar capacities, prohibitions on non-essential medical procedures, and in-person or online school decisions. Local officials, such as state health officers and mayors, have also imposed restrictions at the county or city level, sometimes in conflict with more or less stringent state-level guidance. State restrictions change rapidly, but the New York Times has created a map with up-to-date state data and policy actions. France The French government first locked down the country on March 17, requiring citizens to provide travel permits when leaving their homes. In May, France began to gradually reopen schools and public transport at the same time as other European countries, such as Belgium and Spain, eased restrictions. Masks are mandated on public transit and recommended when social distancing guidelines cannot be followed. According to France’s government website, as of October, local curfews were imposed in the Paris region, as well as eight other cities. These changes arrive amid a European “second wave,” which includes a spike in coronavirus cases in France. On October 29, another lockdown was announced and is expected to extend until December 1. All nonessential travel outside the home is strictly prohibited as it was with the first lockdown, but this time around, schools will remain open. Sweden In the spring of 2020, Sweden kept its borders open, and became one of the few OSCE participating States that did not go into lockdown. Instead, gatherings of over 50 people, sporting events, and visits to nursing homes were prohibited; bars, restaurants and schools remained open. The general advice issued by the Public Health Agency of Sweden reminds citizens to stay at home when experiencing symptoms, wash their hands regularly, and socially distance from one another. The agency does not recommend face masks in public spaces. Due to its high per capita death rate, Swedish health officials recently released national restrictions on nightclubs, as well as other regional measures. On October 26, new local guidelines were introduced in Uppsala and Malmo, where cases have been increasing. Residents were told to avoid public transport and to only socialize with people within their households. Turkmenistan Turkmenistan is the only OSCE participating State to deny that it has been affected by COVID-19. There is significant doubt both in the international community and among Turkmen NGOs that this is the case. There have been numerous deaths of high-level government officials and people in prisons reportedly due to “pneumonia.” Humanitarian concerns have been raised as patients with COVID-19 symptoms have been overwhelming hospitals. Although the World Health Organization visited the country and did not directly contradict the official narrative, following the visit, Turkmen authorities imposed “preventive” restrictions similar to those in other countries. The country has restricted travel and border crossings; closed restaurants, shopping malls, theaters, and parks; and mandated the use of masks and social distancing in public. OSCE Action The Organization for Security and Cooperation in Europe (OSCE) is the world’s largest regional security organization with 57 participating States. Leaders of OSCE institutions and offices have stated their continuing commitments to OSCE principles and stress the importance of unity and solidarity as its nations fight to control the pandemic. “Now is the time for unity. The COVID-19 virus does not distinguish between peoples or countries; its threat is universal. This underscores that security is common, comprehensive and indivisible,” said the Chair of the OSCE Permanent Council Igli Hasani and his colleagues in a letter earlier this year. The OSCE seeks to provide leadership through guidelines and policy recommendations that address the challenges presented by the novel coronavirus. The organization has also been active in examining the economic, environmental, and security implications of the coronavirus across the OSCE region. “In today’s highly interconnected world, it is necessary to have strong solidarity and a cooperative approach at all levels: community, state, regional, and global,” stated Vuk Zugic, OSCE Coordinator of Economic and Environmental Activities. Minority Groups and Vulnerable Populations On the Helsinki on the Hill podcast “Communities at Risk,” Ambassador Lamberto Zannier, the former OSCE High Commissioner on National Minorities and a current OSCE PA High-Level Expert, spoke about providing protection for the most vulnerable during this health crisis. “We felt that the issue of protecting the diversity of the society and ensuring that all social groups are included in the policies, and there is an equal treatment for all, was not at the forefront of the concerns of many governments,” he said. “We started to see problems of discrimination. We started to see problems with hate speech. We started seeing problems with access of some of the population to basic services.” In March, as OSCE High Commissioner on National Minorities, Zannier released recommendations for short-term responses to COVID-19 to support social cohesion in OSCE states, and in April, the HCNM released a full set of policy recommendations that call on countries to take into account diversity when implementing state emergency measures, such as providing public services and media communications in minority languages. Voting and Elections The OSCE Office for Democratic Institutions and Human Rights (ODIHR) is mandated to address issues related to democracy, human rights, and rule of law, including freedom of the press, freedom of movement, and democratic elections. ODIHR released a report in October outlining best alternative voting practices in the context of COVID-19, focusing on secrecy, equality, and universality. Human Trafficking ODIHR also conducted an empirical survey of survivors of human trafficking and issued a report in June that examined the impact of COVID-19 on human trafficking trends and recommended how OSCE states could respond. According to OSCE PA Special Representative on Trafficking in Persons and former Helsinki Commission Chair Rep. Chris Smith, “The COVID-19 pandemic has increased the vulnerability of children to becoming victims of trafficking and sexual exploitation. Today, with most schools closed, children are spending more of their time online where they are vulnerable to being groomed by sexual predators and lured into trafficking situations. One way we can fight this and protect our children now is by education to keep them safe online and by developing age-appropriate training tools for children, parents and educators.” Parliamentary Diplomacy The OSCE Parliamentary Assembly (OSCE PA) has hosted several webinars focused on the effects of the coronavirus on human rights and democracy. The webinar titled “COVID’s impact on conflicts in the OSCE region” addressed obstacles to conflict resolution, humanitarian aid efforts, and implementation of the fundamental principles agreed to under the Helsinki Final Act. Helsinki Commissioner and Chair of the OSCE PA General Committee on Political Affairs and Security Rep. Richard Hudson attended the discussion and stated his concern over “the COVID-19 pandemic and its potential to further inflame existing conflicts in the OSCE area or potentially generate new ones.” He said it was important for the Parliamentary Assembly to stay informed on the OSCE’s role in the conflict cycle, specifically in Ukraine and Georgia. Other speakers emphasized his message and noted that people in conflict zones are on one of the most dangerous frontlines of the pandemic. In May, the OSCE PA hosted a webinar titled “Respecting Human Rights and Maintaining Democratic Control During States of Emergency.” In his comments, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) emphasized the importance of protecting fundamental freedoms. “I am sorry, but not surprised that some governments have taken the need for emergency measures as an opportunity for repressive measures,” he stated. “Hungary is the only OSCE participating State that does not have a sunset clause for the expiration of its emergency measures or requiring parliamentary approval for an extension. Parliamentary oversight is absolutely essential, especially when governments seek to exercise extraordinary powers.” During the webinar, Sen. Ben Cardin (MD), Helsinki Commission Ranking Member and the OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism, and Intolerance, also addressed concerning aspects of COVID-19 emergency responses. “Emergency provisions which restrict freedom of speech or freedom of the media are especially concerning and may actually undermine our efforts to address this health emergency. We need to ensure that journalists, medical professionals, scientists and others can provide the public with information we need to battle COVID,” he said. OSCE Field Missions OSCE field missions have been actively adapting to support host countries’ needs during this pandemic. Since April, several missions have helped to provide medical supplies and equipment to their host countries. The OSCE Presence in Albania, a field operation that cooperates with Albania’s Border and Migration Police, donated medical supplies to Albania’s Border Police in May. The team also visited border crossing points to assess existing protocols. The OSCE Programme Office in Dushanbe provided protective gear and sanitizing supplies to its partners in Tajikistan, and the OSCE mission to Montenegro delivered food and hygiene products to support the country’s Red Cross. Handover of personal protective equipment to Regional Health Administration of Gorno-Badakhshan Autonomous Region on July 25, 2020. (Photo courtesy of OSCE/Umed Qurbonov) The OSCE has also facilitated online medical trainings for border officials in Turkmenistan and donated IT equipment to the Canton 10 Ministry of Education to support Bosnia and Herzegovina. The Special Monitoring Mission in Ukraine has been impacted by the pandemic by restrictions on mission member movement, but the mission nevertheless continues to be a key international actor in the country, informing on developments in the conflict areas of Donetsk and Luhansk.
Hastings and Wicker Call for Free and Fair Elections, Anti-Corruption Action, and Protection of Human Rights in KyrgyzstanTuesday, October 27, 2020
WASHINGTON—In response to the tumultuous change of power in Kyrgyzstan, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Kyrgyzstan should ensure that changes to its electoral system adhere to the rule of law, are transparent, and allow for input from civil society. Its citizens, many of whom took to the streets in protest over allegations of vote buying and corruption during the annulled October 4 parliamentary election, should have confidence that the system is fair and that new elections are conducted properly and reflect the will of the people. “For the country to move forward, authorities should seriously address endemic corruption and protect private businesses and foreign investment. We are also disturbed by reports of pressure and harassment directed toward political opposition, human rights activists, and journalists. We urge Kyrgyzstan to ensure that human rights are protected during this difficult time, including the rights of persons belonging to ethnic minorities. “We believe that the Organization for Security and Cooperation in Europe could play an instrumental role in assisting Kyrgyzstan with any electoral or constitutional changes, as well as preparations for and observation of new elections. It also could support the role of civil society and independent media. Kyrgyzstan should take full advantage of this possibility.” What started as a popular revolt by youth and opposition groups over fraudulent elections on October 4 and endemic corruption resulted in the resignation of President Jeenbekov and the installation of Sadyr Japarov as both Kyrgyzstan’s acting president and prime minister. OSCE election observers concluded that the October 4 parliamentary election “was competitive and candidates could, in general, conduct their activities freely” but “credible allegations of vote buying remain a serious concern” and “a number of controversial CEC decisions raised questions about its impartiality.” The country will hold both new parliamentary and new presidential elections. Presidential elections have been scheduled for January 10, but the timing for parliamentary elections remains unclear. Parliament has already made some changes to the electoral code and is discussing further reform. Japarov announced that he would step down as president in December to allow him to run for president and thereby get around a constitutional provision that bans the acting president from doing so.
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What’s Washington’s role in Belarus?Tuesday, October 06, 2020
The United States should lift up Belarusian civil society, according to experts, and slap tougher sanctions on mid-level government officials abusing protestors. The Trump administration should widen sanctions against human-rights abusers in Belarus and ramp up support for civil-society groups monitoring president Alexander Lukashenko’s crackdown, according to former State and Treasury department officials. Lukashenko purged his political opponents from the ballot in mid-August and unleashed security forces against civilians protesting the election. The crackdown has not cowed Lukashenko’s opponents, who have called for his ouster every weekend for the past two months. Over 100,000 people protested in Minsk on Sunday. The United States penalized senior members of Lukashenko’s inner-circle last week in an effort to push the embattled leader to negotiate. The State Department announced in September that the United States no longer recognizes Lukashenko’s government, and coordinated the sanctions with wider penalties from Europe. Both the Trump administration and European Union officials could be doing more to support the protestors, experts told National Journal. “I think both the U.S. and the EU need to go much further than they have so far, in terms of the number of people that they sanction,” said Michael Carpenter, director at the Penn Biden Center, who called for sanctions against “mid-level” Belarusian officials directly responsible for the human-rights abuses. Belarus-specific sanctions date to the Belarus Democracy Act of 2004, and a Bush-era executive order that sets out guidelines for penalizing officials responsible for undermining democracy. Lawmakers added further penalties in 2011. The Trump administration targeted eight people Friday, including the head of Belarus’s elections and the chief of Belarus’s security forces, and the European Union sanctioned 40 people. The United Kingdom and Canada also announced sanctions over the weekend, including against Lukashenko himself. The sanctions are only one part of Belarus policy, experts stressed, which is ultimately supposed to push Lukashenko to negotiate. Exiled opposition leader Sviatlana Tsikhanouskaya asked German Chancellor Angela Merkel to mediate the negotiations on Tuesday. Judy Dempsey, a nonresident senior fellow at Carnegie Europe, predicted that Merkel would take up the challenge—but would have to act quickly. Russian President Vladimir Putin might accuse the EU of meddling in Belarus’ government should the talks drag, Dempsey told National Journal. “If Merkel does take on this mediating role, it’s got to be incredibly sophisticated and it’s got to be very fast,” said Dempsey. The United States may not play a direct role in mediating the talks, but the Trump administration might put more pressure on Lukashenko by targeting mid-level officials inside his government. Former State Department sanctions coordinator Daniel Fried told National Journal that the State Department and OFAC could craft an executive order to authorize “status-based” penalties: those which authorize Treasury to target specific people based on their employment. Officials could then work with Belarusian civil society to identify targets, like “the plainclothes cops roughing up dissidents.” “Putting this into legislation is hard as hell, and then it’s not as flexible,” said Fried. “It’s far better to let OFAC do it, in coordination with the State Department.” Lawmakers have remained largely hands-off on Belarus, besides offering statements in support of those protesting against Lukashenko. In July, the Senate passed a resolution condemning the arrest of opposition candidates and political protesters. The chair and ranking member of the Senate Foreign Relations Committee separately called out Lukashenko’s handling of the election in early August, and later in the month issued a joint statement calling for sanctions against those responsible for human-rights abuses. The upper chamber might support Belarus policy by advancing Trump’s ambassadorial nominee to Belarus, several former officials and experts told National Journal. The United States and Belarus haven’t exchanged ambassadors since 2008. The Senate Foreign Relations Committee advanced career State Department official Julie Fisher favorably out of committee in late September. Democratic Sen. Chris Murphy voted against the nomination, and argued that sending the ambassador to Belarus during the crackdown would reward Lukashenko. Some experts disagreed, and said having an ambassador in Minsk could help the United States coordinate policy with civil-society groups and would send an important signal to domestic opposition. Sen. James Risch told Murphy that the State Department believed having an ambassador to Minsk was “the best way to help the Belarusian people.” Senate Majority Leader Mitch McConnell’s office did not respond to emailed questions about Fisher’s nomination; Senate Foreign Relations Committee spokesperson Suzanne Wrasse told National Journal that McConnell has “a number of priorities,” and that ambassadorial nominations were “on the list.” While former officials agreed that ramping up support for civil society groups and sanctioning mid-level Belarusian officials could be effective at prodding Lukashenko to negotiate, they disagreed over whether also to target large state-owned firms that form the backbone of the Belarusian economy. Carpenter, Fried, and other former Obama administration officials suggested that penalizing the companies could end up hurting protestors, many of whom work on the factory floors. The Lukashenko government has close ties with heavy industry, however, and a few lawmakers told National Journal they support lifting waivers granting them access to the U.S. market. Rep. Alcee Hastings asked Treasury Secretary Steven Mnuchin in mid-August to cancel sanctions waivers for several Belarusian companies. Hastings led the Organization for Security and Cooperation in Europe election-monitoring mission for Belarus’s 2006 presidential election, and now heads the Helsinki Commission, a congressionally-created agency that coordinates OSCE policy on Capitol Hill. The Treasury Department has not responded to Hastings’ letter. “Providing support to the Lukashenko regime by allowing its state-owned companies access to our financial system is unacceptable, and the sanctions announced on individuals last week by the Treasury Department are a step in the right direction,” said Hastings in a statement to National Journal. “However, Lukashenko himself has long been a prime candidate for Global Magnitsky sanctions, and failing to include him among the sanctioned individuals is a severe oversight.” Last fall, the state-owned Belarusian oil company Belneftekhim retained lobbyist David Gencarelli to push for the continuation of a licensing exemption allowing the company to purchase “crude oil with delivery to the refineries in the Republic of Belarus.” The Treasury Department extended relief to Belneftekhim and other heavy-industry players, giving them continued access to the American market until April 2021. “What we’ve seen over the years with Lukashenko is he’s a very skillful player juggling between the U.S. and Europe, which is a natural market for Belarus, and Russia,” said Sofya Orlosky, senior program manager for Europe and Eurasia at Freedom House. The EU has similarly sought to keep Lukashenko from sliding into Putin’s orbit, periodically lifting and reimposing sanctions on his government for human-rights abuses. The bloc suspended financial penalties in 2016 after Lukashenko granted “amnesty” to a number of political prisoners, which Orlosky said normalized Lukashenko’s undemocratic behavior. “There’s been, as it were, a limit to the severity of sanctions in the past, because the argument was made at least implicitly that we don’t want to alienate Belarus too much or throw them into Russia’s arms,” said Nigel Gould-Davies, a former British ambassador to Belarus. The Trump administration has pursued normalization with Minsk for the past several years, prior to Lukashenko’s crackdown. The State Department’s top political official, David Hale, met with Lukashenko in Minsk in September 2019, and stated afterward that the U.S. was ready to exchange ambassadors “as the next step in normalizing our relationship.” Secretary of State Mike Pompeo visited Minsk in February for the same purpose. The difference now, according to Gould-Davies: The legitimacy of Lukashenko’s regime “is basically broken.” Very few people support the government, aside from people working directly for the state, which undercuts calls for moderation in the West. “He enjoys no significant support outside of those who actually work for the state,” said Gould-Davies.
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U.S., EU Sanction Belarus in Coordinated Western ActionFriday, October 02, 2020
Lukashenko government lashes out, saying no ‘self-respecting’ state would agree to demands posed by the West. The U.S. and European Union imposed sanctions against Belarus officials on Friday, part of a coordinated effort by Western allies to censure the authoritarian regime over accusations of political repression and rigging elections. The EU reached an early morning deal to advance a sanctions package against more than three dozen Belarusian individuals deemed responsible for suppressing protests and for election fraud. Hours later, the U.S. Treasury Department blacklisted eight senior figures in longtime President Alexander Lukashenko’s government or associated with his rule. Among those blacklisted were Interior Minister Yuriy Khadzymuratavich Kareau and top election commission officials. The EU’s action against Belarus, together with a joint statement reprimanding Turkey for drilling in waters claimed by Cyprus and Greece, was meant as a broader message of mounting concern that Europe’s eastern periphery, a region that once held hopes for a spread of democracy, is increasingly turning back to its authoritarian past. Divisions within the EU stymied an attempt to sanction Turkey during a summit this week, but officials said the bloc could approve punitive actions in the future. The EU was able to move forward with its Belarus sanctions package, originally promised in August, after Greece and Cyprus secured the statement calling for Turkey to halt its drilling. While the U.S. sanctioned Mr. Lukashenko in 2006, the EU declined for now to include the Belarussian leader himself in their action. Officials said the president, who previously was the subject of EU sanctions that were lifted in 2016, still could be targeted again later. The EU sanctions came into effect Friday afternoon. Mr Lukashenko’s interior minister was also one of the highest-profile names on the EU sanctions list. The Belarus foreign ministry condemned the sanctions and said the government also enacted its own sanctions list, which won’t be made public. It said it may also reconsider its participation in joint programs with the EU and could cut diplomatic ties if further EU sanctions are levied. “The sanctions were introduced as a punitive measure…for the fact that Belarus did not comply with a set of ultimatum requirements that no self-respecting sovereign state would satisfy,” the foreign ministry said in a statement. The statement didn’t address the specific allegations of election-rigging and violent political repression. The U.S. and EU sanctions follow the imposition of sanctions on Mr. Lukashenko and seven senior figures in his government by the U.K. and Canada on Tuesday, a sign of widening discontent in the West over ongoing repression of peaceful protests against his purported victory in a disputed election. Western officials have accused Mr. Lukashenko and his allies of multiple human rights violations in detaining and allegedly torturing protesters following the Aug. 9 vote, which Mr. Lukashenko’s opponents and Western governments say was rigged in his favor to extend his more than a quarter-century in power. The EU has called for a rerun of the presidential elections with international supervision. It has warned it could add additional sanctions if Mr. Lukashenko refuses to enter dialogue with the opposition. The U.S. sanctions targeted officials the Treasury Department said run government offices responsible for the political repression, human rights abuses and election fixing. Besides the top two Interior Ministry officials, the Treasury also blacklisted the two leaders of Interior’s Internal Troops, Yuriy Henadzievich Nazaranka and Khazalbek Bakhtsibekavich Atabekau. “The Belarusian people’s democratic aspirations to choose their own leaders and peacefully exercise their rights have been met with violence and oppression from Belarusian officials,” said Treasury Secretary Steven Mnuchin. The Trump administration declined for now to revoke a special license giving the nine largest state-owned companies in Belarus access to the U.S. financial system, as urged by the U.S. Commission on Security and Cooperation in Europe, a government body that advises administrations on sanctions. While the EU’s Belarus sanctions had broad support, the bloc has been deeply split over how to respond to Turkey’s increasingly frequent flexing of military muscle in the region, including its unilateral moves to explore and drill for energy resources in the eastern Mediterranean. Turkey says it has the right to seek energy resources in the region. With respect to Turkey, the EU leaders settled on diplomacy for now, issuing the joint statement but threatening sanctions if Ankara didn’t show willingness to improve ties. Western diplomats said tensions between Ankara and Athens this summer rose to levels not seen since the 1970s, when Turkey and Greece came close to a direct military conflict over Cyprus. Greece and Turkey are North Atlantic Treaty Organization members. However, Turkey has for now suspended its energy activities in waters claimed by Greece but not by Cyprus. Separately, Turkey and Greece reached an agreement Thursday, mediated by NATO, to take measures to avoid an air or naval clash in the eastern Mediterranean, including a hotline between the two countries. European diplomats have also grown alarmed by Turkish President Recep Tayyip Erdogan’s decision to send troops into Libya and Syria, its unconditional support for Azerbaijan in renewed fighting with Armenia and its acquisition of advanced weaponry from Russia. On Thursday, French President Emmanuel Macron said France had clear evidence that jihadist fighters were leaving Syria to go to fight in Nagorno-Karabakh via Turkey. Mr. Macron had earlier criticized Ankara for what he called its bellicose comments against Armenia over its conflict with Azerbaijan. —Ann Simmons in Moscow contributed to this article.
Helsinki Commission Chairman Delivers Remarks on Ukraine
Washington - United States Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) released the following statement on freedom of the media, free and fair elections and human trafficking presented today before the Ukraine's Quest for Mature Statehood conference.
Held in Washington on September 13 and 14, 2004, the conference was devoted to assessing Ukraine ’s progress in developing the rule of law, civil society and the protection of human rights in advance of Ukraine ’s October 31 presidential elections.
Ukraine 's Quest for Mature Statehood:
Ukraine 's Transition to a Stable Democracy
Panel on Freedom of Speech and Press
Library of Congress, Madison Building, Montpelier Room
September 14, 2004
Rep. Christopher H. Smith
Chairman, U.S. Helsinki Commission
Thank you for inviting me to participate in this conference on Ukraine 's Transition to a Stable Democracy. Media freedom is an especially important topic with the upcoming presidential elections in Ukraine , in what will be a defining year with respect to Ukraine 's democratic transition. Given the stakes, we should not be surprised by the fact that the powers-that-be have launched an all-out campaign to pressure the media.
Freedom of expression - and its corollary, freedom of the media - is one of the most basic human rights. It is vital to the development of civil society. Numerous OSCE agreements include various commitments on freedom of the media. These are agreements that Ukraine has voluntarily and freely committed to abide by as one of the 55 participating States of the OSCE.
The Helsinki Commission, whose mandate is to monitor and encourage compliance by the OSCE States with their OSCE agreements, has also maintained a strong interest in freedom of media in general and recognizes its importance in democratic development. As many of you know, the Commission has also maintained a strong interest in Ukraine and has, over the last several decades, been steadfast in encouraging Ukraine's independence. We are eager to have as an ally a democratic country where human rights are respected and the rule of law prevails.
We continue to maintain our strong interest and concern, especially with the critically important October 31 presidential elections. I am the original cosponsor of a House resolution, H.Con.Res. 415, introduced by Rep. Henry Hyde, the Chairman of the House International Relations Committee, calling on the Government of Ukraine to ensure a democratic, transparent, and fair election process for the presidential election. (This resolution, which was introduced by Commission Co-Chairman Sen. Campbell, has recently passed the Senate and will soon be taken up by the House.) The resolution outlines measures Ukrainian authorities need to take - consistent with their own laws and international agreements - to ensure an election process that enables all of the candidates to compete on a level playing field. The resolution specifically identifies violations to free media and urges unimpeded access by all parties and candidates to print, radio, television, and Internet media on a non-discriminatory basis.
Unfortunately, the situation with respect to the media in Ukraine in the run-up to the elections is discouraging. The election - apparently because of the clear-cut choice between current Prime Minister Yanukovich, and leader of the Our Ukraine democratic bloc Victor Yuschenko - seems to have frightened those who are now in power. It seems the ruling regime has decided to interfere in media election coverage at an unprecedented scale, presumably with the expectation that the interference will ensure their victory at the polls.
The OSCE recently assessed the media situation in the election campaign. They noted that overall, media pluralism is present in Ukraine - different views are represented and politicians of all ranks are regularly criticized - and in general the legal framework is satisfactory. On the other hand, according to OSCE and many other observers, "the one view dominating the airwaves is that of the government", due to an ownership structure closely connected to, or influenced by the current government. It is also due to the infamous so-called "temniki" or "secret instructions" to media from the presidential administration about what or what not to cover and how to cover it. The institutional framework of frequency allocation and licensing also allows for favoritism in the electronic media.
In short, the electronic media is heavily dominated by government and oligarchs, and the media tilts heavily towards Yanukovich, while casting Yuschenko in a negative light. The media is under attack:
* Since the beginning of this year, Ukrainian authorities have harassed, closed and filed lawsuits against numerous electronic and print media.
* Radio Liberty , an important source of objective information, and other radio stations such as Radio Kontynent have been either partially or totally taken off the air. Months of promises to various U.S. officials that Radio Liberty would be put back on the air have come to naught.
* Print runs have been permanently or temporarily stopped for several newspapers. Just a few days ago, authorities in the Kharkiv region temporarily confiscated 42,000 copies of the newspaper Without Censorship. Other media face politically motivated law suits.
* Volia cable, the leading cable television operator in Ukraine , (which carries the only channel which reports objectively on the democratic opposition - Channel 5) is experiencing severe pressure from the Prosecutor-General's office. Almost all cable companies that carry Channel 5 received a variety of threats and tax inspections, and some reportedly had cables "accidentally" cut.
* Reporters face harassment and censorship daily for their objective reporting.
Ladies and Gentlemen, equal access to media must be provided during the remainder of the presidential campaign and will be key in determining whether or not the presidential elections will be judged as free and fair by the OSCE and the international community. The elections will be a watershed for the future direction of that country. Ukraine has tremendous potential. Ukrainian authorities need to radically improve the election environment, including the media environment, if there is to be hope for these elections to meet OSCE standards.
In just two days, on September 16, we will mark the fourth anniversary of the killing of independent journalist Georgi Gongadze, who was exposing high-level corruption in Ukraine. His murder has been subject to numerous international protests, including statements, intercessions, and queries, by me and other Helsinki Commission members. Ladies and gentlemen, it is a case of a massive cover-up by high-level officials.
This is the fifth time that your conference is being held. The first took place four years ago just two days after Gongadze's disappearance. It was at that first conference that representatives of the Helsinki Commission and State Department first called for the Ukrainian government to investigate his disappearance. Four years later, the case remains unresolved. Ukrainian President Kuchma and a number of high-ranking officials have been implicated in his disappearance and the circumstances leading to his murder. The Ukrainian authorities' handling, or more accurately mishandling of this case, has been characterized by obfuscation and stonewalling, destruction of evidence, and the persecution and even death, in one instance, of those who tried to tell the truth about the case.
Tragically for Ukraine, the handling of this case has made a mockery of the rule of law. Not surprisingly, lack of transparency illustrated by the Gongadze case has fueled the debilitating problem of widespread corruption reaching the highest levels in Ukraine. A credible and transparent investigation of this case by Ukrainian authorities is long overdue and the perpetrators - no matter who they may be - need to be brought to justice. I hope that well before the sixth of your conferences, this case is resolved, as well as the cases of at least 18 other journalists in Ukraine who, according to Western media watchdog organizations, have died because of their work.
These journalists, including Mr. Gongadze, were exposing the massive problem of corruption and crime in Ukraine. One important issue intimately linked with corruption and crime worldwide - a global scourge to which Ukraine is by no means immune - is the trafficking of women and children. Each year, an estimated 600,000 to 800,000 girls, boys, women and men, including tens of thousands of Ukrainians, are bought and sold like chattel across international borders, many of them for brutal exploitation in the commercial sex industry. The plight of these individuals has touched many hearts and has led to a global movement to eradicate this form of modern-day slavery known as trafficking in human beings.
In November 2000, the Trafficking Victims Protection Act, which I authored, was enacted with broad, bi-partisan support. The Act provides a framework for combating trafficking through law enforcement, prevention programs, and assistance to those victimized. The Act mandated major changes in U.S. law, including severe penalties of up to life in prison for those who traffic in humans and treatment of the victims - mostly women and children - as victims of crime rather than criminals themselves. This past December, President Bush signed a reauthorization of the Act, which I also wrote, to expand and strengthen the U.S. response to this scourge.
Hundreds of thousands of Ukrainian women and children have been trafficked mostly to Europe and the Middle East over the course of the last decade, making it one of the largest source countries in Europe . It is also a major transit country. Ukraine has been designated in the most recent State Department report as a Tier II country (there are three tiers), meaning that the Ukrainian Government does not yet fully comply with minimum standards for the elimination of trafficking, but is making significant efforts to do so. I am pleased that our government, the OSCE and other international organizations and NGOs are devoting resources to combat this modern day slavery, but much more remains to be done. I encourage the Ukrainian Government to make further progress, and implement its Comprehensive Program to Combat Trafficking in Persons, better coordinate with law enforcement officials of destination countries, and fight government corruption.
By conducting free and fair elections, respecting media freedoms, including resolving the Gongadze case, and effectively tackling the scourge of trafficking, the Ukrainian authorities will go a long way in restoring the trust of the citizens of Ukraine and strengthening Ukraine's independence, democracy, sending a powerful signal of its readiness to join the Euro-Atlantic community of nations. I stand in solidarity with the Ukrainian people as they strive to achieve these important goals.
The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.