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article
Helsinki Commission Chairman Amends NDAA to Reflect Support for Open Skies Treaty
Wednesday, July 22, 2020On May 21, 2020 the Trump administration reportedly decided to withdraw the United States from the Open Skies Treaty to be effective at the end of this year. To express strong opposition, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) recently authored an amendment to H.R.6395, the William M. (Mac) Thornberry National Defense Authorization Act (NDAA) for Fiscal Year 2021, expressing the sense of Congress that the Trump Administration’s decision to withdraw from the Treaty on Open Skies did not comply with a legal requirement to notify Congress; did not assert that any other Treaty signatory had breached the Treaty; and was made over the objections of NATO allies and regional partners. “I am proud to have worked with Rep. Jimmy Panetta to successfully amend the House FY21 NDAA to express Congressional support for Open Skies and reiterate our commitment to the confidence and security building measures that are so vital to our NATO allies and partners,” said Chairman Hastings. “As Chairman of the U.S. Helsinki Commission, I strongly disagree with the President’s decision to withdraw from the Open Skies Treaty, an important arms control agreement that significantly reduces the risk of armed conflict.” The measure expresses support for confidence and security building measures like the Open Skies Treaty, because they reduce the risk of conflict, increase trust among participating countries, and contribute to military transparency and remain vital to the strategic interests of our NATO allies and partners. The amendment also underlines the need to address Russian violations of treaty protocols through international engagement and robust diplomatic action. The full amendment is available below or as amendment numbered 167 printed in House Report 116-457. Chairman Hastings had previously condemned the Trump administration’s decision to withdraw from the Treaty on Open Skies, which is designed to increase transparency, build confidence, and encourage cooperation among the United States, Russia, and 32 other participating states (including much of Europe as well as partners like Ukraine and Georgia), by permitting unarmed observation aircraft to fly over their entire territory to observe military forces and activities. In November 2019, the Commission hosted a joint hearing with the House Committee on Foreign Affairs on the importance of the Open Skies Treaty, emphasizing its critical role in security and stability around the world, which still stands today. The United States has conducted nearly three times as many flights over Russia as Russia has over the United States under the treaty. The United States has also used the treaty to support partners by conducting flights over hot spots such as the Ukraine-Russian border. Amendment At the end of subtitle D of title XII, add the following: SEC. 12__. SENSE OF CONGRESS ON THE OPEN SKIES TREATY. It is the sense of Congress that-- (1) the decision to withdraw from the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002-- (A) did not comply with the requirement in section 1234(a) of the National Defense Authorization Act for Fiscal Year 2020 (133 Stat. 1648; 22 U.S.C. 2593a note) to notify Congress not fewer than 120 days prior to any such announcement; (B) was made without asserting material breach of the Treaty by any other Treaty signatory; and (C) was made over the objections of NATO allies and regional partners; (2) confidence and security building measures that are designed to reduce the risk of conflict, increase trust among participating countries, and contribute to military transparency remain vital to the strategic interests of our NATO allies and partners and should continue to play a central role as the United States engages in the region to promote transatlantic security; and (3) while the United States must always consider the national security benefits of remaining in any treaty, responding to Russian violations of treaty protocols should be prioritized through international engagement and robust diplomatic action.
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press release
Christiane Amanpour to Testify at Helsinki Commission Hearing on Press Freedom in the United States
Thursday, July 16, 2020WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: HUMAN RIGHTS AT HOME Media, Politics, and Safety of Journalists Thursday, July 23, 2020 11:00 a.m. Watch Live: www.youtube.com/HelsinkiCommission According to the U.S. Press Freedom Tracker, there have been nearly 500 reported press freedom violations since the beginning of the Black Lives Matter protests in the United States on May 26. In many cases, reporters have been injured, harassed, or arrested even after explicitly identifying themselves as members of the press. In addition, leadership changes at the U.S. Agency for Global Media, which oversees networks like Voice of America and Radio Free Europe/Radio Liberty that provide credible, unbiased information to audiences around the world, have generated concern about the ability of the agency to carry out its mission and host international journalists. Building on the recent Helsinki Commission hearing, “Human Rights at Home: Implications for U.S. Leadership,” this online hearing will specifically assess media freedom and the safety of journalists in the United States today. During the hearing, witnesses will discuss the recent troubling trend of violence against journalists, review implementation of international press freedom commitments undertaken by the United States, and assess the resulting implications for U.S. leadership in human rights. Witnesses scheduled to participate include: Christiane Amanpour, Chief International Anchor, CNN-PBS; Goodwill Ambassador for Freedom of Expression and Journalist Safety, UNESCO David Kaye, Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, United Nations; Clinical Professor of Law, University of California – Irvine Dr. Courtney C. Radsch, Advocacy Director, Committee to Protect Journalists Witnesses may be added.
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press release
Hastings: Petty Parochialism Denies OSCE Vital Leadership During Global Crisis
Tuesday, July 14, 2020WASHINGTON—Following yesterday’s failure of OSCE representatives to renew the mandates of four leadership positions—the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the Office for Democratic Institutions and Human Rights—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “We are in trouble when petty parochialism denies us vital leadership in the midst of a global crisis. Now more than ever, reliable multilateral institutions are needed to forge solutions during and after the current pandemic. “Azerbaijan, Tajikistan, Turkey, and other OSCE participating States who have blocked consensus on extending dedicated public servants should be ashamed of themselves. History will show the folly of abandoning essential leadership for cooperation.” Negotiations to renew each mandate collapsed in part in response to the written objections of Azerbaijan, Tajikistan, and Turkey, and the subsequent withholding of consensus by other participating States. Even efforts to devise interim extensions failed, leaving vital OSCE leadership positions vacant during an unprecedented global crisis. The failure highlights the unwillingness of some OSCE participating States to live up to their stated commitments to democratic institutions, the rule of law, media pluralism, and free and fair elections. Leaving key leadership roles unfilled drastically weakens the OSCE’s ability to hold countries accountable for their actions and undermines the principles of the Helsinki Final Act. The Organization for Security and Cooperation in Europe (OSCE) is the world’s largest regional security organization. It spans 57 participating States reaching from Vancouver to Vladivostok. The OSCE sets standards in fields including military security, economic and environmental cooperation, and human rights and humanitarian concerns. In addition, the OSCE undertakes a variety of initiatives designed to prevent, manage, and resolve conflict within and among the participating States.
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hearing
Human Rights at Home: Implications for U.S. Leadership
Thursday, July 02, 2020Recent developments in the United States—including George Floyd’s tragic death at the hands of police and subsequent protests—have put U.S. human rights commitments to the test in the eyes of the world. On July 2, 2020, the Helsinki Commission held a hearing on “Human Rights at Home: Implications for U.S. Leadership.” The online hearing was held in compliance with H.Res.965, which provides for official remote proceedings during the COVID-19 pandemic. Commissioner Rep. Emanuel Cleaver (MO-05), who chaired the hearing, observed, “The United States has long been a champion of human rights and democracy in our foreign policy. Many of the OSCE’s groundbreaking commitments were actually spearheaded by the United States, including those relating to anti-Semitism, freedom of religion, free elections, and the rule of law, to name only a few…Today, we look inward as we examine the Black Lives Matter protests and related domestic compliance issues in the context of our OSCE human dimensions commitments and implications for U.S. foreign policy.” Witnesses included Nkechi Taifa, Founding Principal & CEO of The Taifa Group, LLC, Convener of the Justice Roundtable, and Senior Fellow, Center for Justice, Columbia University; the Honorable Malcolm Momodou Jallow, Member of Parliament (Sweden) and General Rapporteur on Combating Racism and Intolerance, Parliamentary Assembly of the Council of Europe (PACE); and Ambassador (ret.) Ian Kelly, former U.S. Permanent Representative to the Organization for Security and Cooperation in Europe (OSCE). “It’s not a moment. It’s a movement.” Witnesses emphasized that George Floyd’s death has created a movement, not just a moment, in efforts to address systemic racism, police violence, and secure justice. Nkechi Taifa called on the United States to implement fully international human rights commitments and obligations, without legal barriers. She observed that the world is at the midpoint of the United Nations International Decade for People of African Descent and concluded, “What we are witnessing today is the unprecedented possibility for change.” Malcolm Momodou Jallow observed that structural, institutional, and systemic racism— including racist violence—is not confined to the United States, but is also present in Europe. The European project includes an antidiscrimination, antiracist dimension, with a fundamental commitment to reflect the lessons of the Holocaust and eradicate past European divisions through respect for the human rights of all. Failure to do so affects entire communities, thereby eroding social cohesion, trust in public authority, the rule of law and ultimately democracy. Mr. Jallow also drew attention to the European Parliament’s resolution, adopted on Juneteenth (June 19), on the anti-racism protests following George Floyd’s death. The resolution also recalled Europe’s colonial past and its role in the transatlantic slave trade; draws on the OSCE’s Office for Democratic Institutions and Human Rights’ annual hate crimes report; and calls for closer cooperation between the European Commission and the OSCE. “The OSCE should rise to that occasion.” Ambassador Ian Kelly stated that security among states depends on respect for human rights within states. Actions clearing peaceful protesters, at the expense of their basic rights, cost the United States moral authority to call other countries to account. Ambassador Kelly credited the OSCE for its work to shine a light on the problems of intolerance but asserted more could and should be done in the OSCE context to expose abuses against people of color in the OSCE region. By signing the Helsinki Final Act, the United States committed to respecting human rights and protect democracy, even under the most challenging circumstances. A willingness to respond to the human rights concerns that other countries raise with the United States in the Helsinki context has been instrumental in validating the promotion of human rights and democracy advocacy as a goal of U.S. foreign policy. The Helsinki Commission has addressed the implementation of OSCE commitments in the United States in various ways, including hearings, reports, and legislation. The video of the murder of George Floyd and the ensuing protests received wall-to-wall coverage throughout most of the OSCE participating States. Journalists from at least eight OSCE participating States—Canada, Finland, France, Germany, Russia, Sweden, Switzerland, and Turkey—suffered violence while trying to report on demonstrations. George Floyd’s death in police custody prompted demonstrations in nearly all western OSCE participating States, including more than 25 of the 30 NATO member states, supporting the Black Lives Matter (BLM) movement and protesting systemic racism. In some Central European countries, the death of George Floyd has been compared to police brutality against Roma. In other countries, demonstrators have called for changes to their own national policing practices, the removal of symbols of their colonial past, and other policy changes. There have been no BLM sympathy demonstrations in Russia, where assembly (even protests by single picketers or dolls dressed as protesters) remains highly controlled. Heads of OSCE institutions, including the Director of the Office for Democratic Institutions and Human Rights and the Representative on Freedom of the Media, have expressed concern about the actions of police, restrictions on freedom of assembly, and restrictions on press freedom. The OSCE Parliamentary Assembly President George Tsereteli, expressed similar concerns in a press statement on June 1. On June 8, 38 NGOs from the Civic Solidarity Platform, a decentralized advocacy network of independent civic groups from across the OSCE region, issued a rare joint statement of concern regarding “the United States government’s response to widespread peaceful protests against police violence.” Related Information Witness Biographies Human Rights at Home Safe, Inclusive, and Equitable Societies Briefing: 8:46 (George Floyd) Press Release: Hastings: To Promote Human Rights Abroad, We Must Fiercely Protect Them at Home Press Release: OSCE Media Freedom Representative concerned about violence against journalists covering protests in USA, calls for protection of journalists Press Release: Statement of the OSCE Parliamentary Assembly President on the policing of protests in the United States Civic Solidarity Platform Statement: U.S. racism and police violence and the human dimension heritage of the OSCE Rep. Jim McGovern: To Regain Our Credibility on Human Rights, America Must Start At Home
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article
The Future of American Diplomacy
Tuesday, June 30, 2020By Erick Boone, Max Kampelman Fellow; Gabriel Cortez, Charles B. Rangel Fellow; Nida Ansari, Policy Advisor and State Department Detailee; and Dr. Mischa Thompson, Director of Global Partnerships, Policy, and Innovation America’s Competitive Advantage “Diversity and inclusion are the underpinnings of democratic societies. It is time to ensure that those from all segments of our society have an equal opportunity to contribute to the future of our nation as part of the vibrant workforce that is at the heart of our democracy.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission Promoting and maintaining workforce diversity offers strategic advantages to the government agencies tasked with advancing U.S. foreign policy, including the U.S. Department of State and the U.S. Agency for International Development (USAID). By leveraging the unique talents of the nation’s diverse communities—including valuable language skills, cultural competencies, and elevated credibility when engaging with local communities—the State Department and USAID can take unique advantage of opportunities to expand democracy, promote business, and support national security. Individuals from diverse communities often bring unique perspectives to policy discussions that would otherwise be absent in a homogenous workplace, and their presence in the U.S. foreign policymaking establishment illustrates the U.S. commitment to equality and justice. More broadly speaking, studies show that diverse workforces promote increased creativity and innovation, improve recruitment prospects, and avoid high turnover rates. Simply put, the diplomatic corps is better equipped to advance U.S. foreign policy by including its racially, ethnically, culturally, and otherwise diverse communities. Unfortunately, currently there is a lack of diversity in America’s primary diplomatic agencies. The question remains: How can the United States better utilize the competitive advantage of its natural diversity on the world stage? Identifying Barriers to Diversity According to 2020 State and USAID reports published by the Government Accountability Office (GAO), racial and ethnic minorities remain severely underrepresented in both agencies. The reports found that of the nearly 25,000 full-time employees at the State Department, African Americans, Hispanics/Latinx, Asian Americans, and other racial groups only make up 7 percent, 7 percent, 6 percent, and 4 percent respectively. Overall, these demographics lag far behind the current diversity of the United States as documented by the U.S. Census Bureau. When employees reach senior-level positions, the percentages of non-white employees fall even more drastically. The GAO reports found that promotion rates within the State Department and USAID were generally lower for racial and ethnic minorities, and that minorities were underrepresented at higher ranks. Native Americans were virtually absent from both agencies. The Road to Improvement In attempts to capitalize on the benefits of diversity to the diplomatic corps, the Department of State and USAID have introduced several efforts to attract and retain outstanding individuals from traditionally underrepresented groups. Some programs expose students and young professionals to the Foreign Service, allowing the U.S. Government to proactively recruit new generations of talented Americans. For example, the State Department’s Pathways Internship Program targets high school students as well as individuals enrolled in undergraduate and graduate institutions. Other efforts focus more broadly on building the skills that students will need to work in international affairs. The Charles B. Rangel Summer Enrichment Program provides undergraduate students, especially those from underrepresented communities, the opportunity to enhance their knowledge of U.S. foreign policy and the global economy through summer coursework. The Department of State and the Department of Defense also fund several scholarship programs, such as the Benjamin A. Gilman International Scholarship, the Boren Scholarship, and the Critical Language Scholarship, that enable students to study and travel internationally and serve as pipelines to international careers Fellowship programs like the Charles B. Rangel, Thomas R. Pickering, and Donald M. Payne Fellowships, named in honor of those in government who made a major impact in foreign affairs, aim to recruit, train, and retain the best and brightest from all corners of the United States and draw from the extensive perspectives of the American public. Over the years, these programs, which have historically received bipartisan support, cumulatively have produced nearly 1,000 fellows, many of whom are current Foreign Service Officers serving with the State Department or USAID in over 65 countries. In addition to graduate foreign service fellowships, the U.S. government and key partners have encouraged efforts to diversify the diplomatic corps through programs like the International Career Advancement Program (ICAP) at the University of Denver’s Josef Korbel School of International Studies and State Department affinity groups such as the Thursday Luncheon Group, which has been working to increase the participation of African-Americans and others in the formulation, articulation, and implementation of United States foreign policy since 1973. Inside government agencies and the public sector, affinity groups working to increase diversity include the Hispanic Employees Council of Foreign Affairs Agencies, the Asian American Foreign Affairs Association, Executive Women at State, GLIFAA, LGBT+ Pride in Foreign Affairs Agencies, and the Sunday Brunch group. The Public Policy and International Affairs Program promotes inclusion and diversity in public policy; Black Professionals in International Affairs focuses on expanding roles in global policy; and TruDiversity, an initiative of the Truman National Security Project, aims to attract more underrepresented minority groups to the field of national security. Increased efforts to recruit and retain diverse populations for diplomatic corps in other agencies have also begun at USDA, and been called for at the Departments of Commerce and Homeland Security, the Peace Corps, and other agencies. “The diversity of the American people is one of our greatest assets as a nation. Our national security agencies, especially those on the frontlines representing America around the world, should reflect this reality.” Sen. Benjamin L. Cardin (MD), Ranking Member, U.S. Helsinki Commission Helsinki Commission Efforts Members of the Helsinki Commission have a long history of supporting diversity and inclusion efforts in the diplomatic corps and in national security careers more broadly. For close to a decade, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Ranking Member Sen. Ben Cardin of Maryland (MD) have joined bipartisan Congressional efforts to support annual funding for State Department and USAID diversity fellowship programs such as the Rangel, Payne, Pickering, and ICAP programs. Chairman Hastings and Sen. Cardin are both lead sponsors of the National Security Diversity and Inclusion Workforce Act of 2019 (S.497), which would strengthen employee diversity in the U.S. national security workforce through enhanced hiring, retention, and growth practices targeting gender, race, ethnicity, disability status, veteran status, sexual orientation, gender identity, national origin, and other demographic categories. In March, Chairman Hastings introduced the Federal Jobs Act to require a government-wide diversity and inclusion strategy. “Estimates indicate that by 2050, more than half of the U.S. workforce will be made up of Americans from diverse populations. Effectively governing our nation will require that we fill federal jobs—whether they are in the military, intelligence, foreign service, health, or education sectors—with an equally diverse federal workforce who can meet the needs of our country.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) is a lead sponsor of the Paul Simon Study Abroad Program Act, which works to increase study abroad opportunities for diverse populations. Study abroad is often a precursor to professions in the diplomatic corps. Chairman Hastings also amended the Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019, which directs the Office of the Director of National Intelligence to implement a plan to expand the intelligence community’s recruitment efforts so that rural and underserved regions in the U.S. are more fully represented. In 2017, Sen. Cardin worked with then-chairman of the Senate Foreign Relations Committee Sen. Bob Corker (TN) to include several strong diversity provisions, including support for the Donald M. Payne Fellowship and diversity data collection, in the 2018 State Department authorization bill. Most recently, Sen. Cardin helped lead Senate and House Foreign Relations Committee efforts to improve diversity at the State department Supporting policies that strengthen diversity and inclusion in the diplomatic corps and across the federal government ensures that the United States will become a shining example of the power and strength diversity can bring. A diplomatic corps composed of individuals from all parts of the U.S. society not only presents a more accurate snapshot of America to the world and proves that the U.S. abides by its human rights principles, but also equips the country to handle complex challenges at home or abroad with the widest variety of skills, knowledge, perspectives, ideas, and experiences at the ready.
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press release
Helsinki Commission Hearing to Examine Human Rights At Home
Thursday, June 25, 2020WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: HUMAN RIGHTS AT HOME Implications for U.S. Leadership Thursday, July 2, 2020 11:00 a.m. Watch Live: www.youtube.com/HelsinkiCommission By signing the Helsinki Final Act, the United States committed to respecting human rights and the rule of law, even under the most challenging circumstances. Recent developments in the United States—including George Floyd’s tragic death at the hands of police and subsequent protests—have put U.S. human rights commitments to the test in the eyes of the world. During this online hearing, witnesses will discuss these events, the U.S. response, and the resulting implications for U.S. leadership in foreign policy. Witnesses scheduled to participate include: Ambassador (ret.) Ian Kelly, former U.S. Permanent Representative to the Organization for Security and Cooperation in Europe (OSCE) Malcolm Momodou Jallow, Member of Parliament (Sweden) and General Rapporteur on Combating Racism and Intolerance, Parliamentary Assembly of the Council of Europe (PACE) Nkechi Taifa, Founding Principal & CEO, The Taifa Group, LLC; Convener, Justice Roundtable; and Senior Fellow, Center for Justice, Columbia University
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press release
Hastings: To Promote Human Rights Abroad, We Must Fiercely Protect Them at Home
Monday, June 22, 2020WASHINGTON—Ahead of a 57-nation OSCE meeting on freedom of expression, media, and information, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) released the following statement: “In the United States, we have witnessed a devastating series of attacks by authorities against journalists covering the nationwide protests calling for racial justice following the murder of George Floyd in Minneapolis. In many cases, reporters have been injured, harassed, or arrested even after explicitly identifying themselves as members of the press. “If the United States wants to remain a credible voice in the promotion of human rights abroad, we must fiercely protect them at home. This Supplementary Human Dimension Meeting on the critical topic of freedom of expression, media, and information represents an important opportunity to take an honest and critical look at America’s own record in recent weeks on protecting journalists and safeguarding press freedom.” According to the U.S. Press Freedom Tracker, as of June 15, there have been more than 430 reported press freedom violations since the beginning of the national Black Lives Matter protests on May 26. This includes at least 59 arrests; 268 assaults (including the use of tear gas, pepper spray, and rubber bullets and projectiles); and 57 cases of equipment/newsroom damage. OSCE Supplementary Human Dimension Meetings (SHDM) are convened three times annually on topics chosen by the OSCE Chairperson-in-Office. The first SHDM organized by the Albanian chairmanship, “Addressing All Forms of Intolerance and Discrimination,” took place May 25-26, 2020. The June meeting on freedom of expression, media and information includes participation by non-governmental civil society organizations, the U.S. Helsinki Commission, and representatives from OSCE participating States.
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press release
Hastings: Plagues Do Not Stop Persecution
Friday, June 19, 2020WASHINGTON—Ahead of World Refugee Day on June 20, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “The COVID-19 pandemic has exponentially multiplied the overwhelming challenges already faced by refugees and asylum seekers worldwide. To stop the spread of the disease, many countries have closed their borders or strictly limited entry. Unfortunately, this gives refugees nowhere to turn; plagues do not stop persecution. “I encourage governments in the OSCE region to be mindful of safeguarding the public health of their citizens and residents, while still living up to their commitments to offer refuge to the most vulnerable. No country should exploit the pandemic to permanently restrict entry from refugees and asylum seekers. “In addition, authorities must ensure that refugees and asylum seekers can access the services they need to stay healthy. The close quarters in many camps and detention centers make social distancing impossible and, along with a lack of quality medical care and in some cases even basic sanitation, can contribute to coronavirus outbreaks among already vulnerable populations.” In a June 2019 podcast, the Helsinki Commission examined the disproportionate impact of COVID-19 on vulnerable communities throughout the OSCE, including refugees and minorities. More than 79.5 million people worldwide were forcibly displaced as of the end of 2019, including 26 million refugees, 45.7 internally displaced persons, and 4.2 million asylum seekers, according to the United Nations High Commission for Refugees. Almost 7 million of these refugees and more than 2.1 million asylum seekers were located in OSCE participating States. On March 17, UNHCR and the International Organization for Migration announced they were suspending resettlement departures following pandemic-related entry restrictions by resettlement countries. They announced a resumption on June 18. One hundred and sixty-one countries still have partial or full entry closures, including 97 countries with no exemptions for refugees or asylum seekers. The U.S. State Department’s Bureau of Population, Refugees, and Migration suspended U.S. Refugee Admissions Program admissions for two weeks on March 19 and subsequently indefinitely. The few admissions since have been emergency exceptions. In addition, rules effective March 20 restricted land ports of entry from Canada and Mexico to “essential travel.” Neither rule included travel by asylum seekers, refugees, or unaccompanied minors as “essential.” All U.S. restrictions currently remain in effect.
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press release
Chairman Hastings Demands Release of Paul Whelan
Wednesday, June 17, 2020WASHINGTON—Following the sentencing of U.S. citizen Paul Whelan to 16 years in a maximum-security prison by a Russian court, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “In clear violation of Russia’s OSCE commitments, Paul Whelan was denied his right to due process. His long and harsh pre-trial detention, and the secretive nature of Paul’s trial and the spurious ‘evidence’ against him, show that Russia’s authorities are not concerned about justice. This is nothing more than a politically-motivated stunt that has inflicted serious damage on an American citizen. Paul Whelan must be released.” Paul Whelan was arrested in Moscow in December 2018, where he planned to attend a wedding. FSB agents broke into his hotel room and found a flash drive that Whelan’s Russian friend had told him contained photos from a recent trip. Authorities claimed that the flash drive contained classified information. Whelan has been detained in Moscow’s Lefortovo prison, unable to contact his family and friends, alleging abuse from guards, and suffering from health problems.
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briefing
8:46 (George Floyd)
Friday, June 12, 2020George Floyd’s tragic death at the hands of a Minneapolis police officer—recorded for a wrenching eight minutes and 46 seconds—shocked the world. During this online briefing, political and civil rights leaders from the United States and Europe discussed the impact made by resulting protests and the need to change policing tactics, alongside an honest review of how racism stemming from the transatlantic slave trade and colonialism persists today. Related Information Panelist Biographies Podcast | Communities at Risk: The Impact of COVID-19 on the OSCE’s Most Vulnerable Populations Press Release | Chairman Hastings Introduces LITE Act to Strengthen Ties with U.S. Allies, Support Visionary Leadership on Both Sides of the Atlantic Press Release | Chairman Hastings Introduces Bill to Promote Diversity and Inclusion in the Federal Workforce Press Release | Chairman Hastings Recognizes Black European Fight for Inclusion Safe, Inclusive, and Equitable Societies Helsinki Commission Initiatives on Racial Justice, Minority Rights, and Tolerance and Non-Discrimination ENAR demands to address racist police violence and structural racism
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press release
Political and Civil Rights Leaders to Discuss Impact of George Floyd’s Death at Helsinki Commission Briefing
Tuesday, June 09, 2020WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following staff-led online briefing: 8:46 (GEORGE FLOYD) A Time for Transformation at Home and Abroad Friday, June 12, 2020 10:00 a.m. Register to attend. George Floyd’s tragic death at the hands of a Minneapolis police officer—recorded for a wrenching eight minutes and 46 seconds—shocked the world. During this online briefing, political and civil rights leaders from the United States and Europe will discuss the impact made by resulting protests and the need to change policing tactics, alongside an honest review of how racism stemming from the transatlantic slave trade and colonialism persists today. Panelists scheduled to participate include: Abena Oppong-Asare, Member of Parliament, United Kingdom Adam Hollier, Michigan State Senator Mitchell Esajas, Chair, New Urban Collective (Netherlands) Karen Taylor, Chair, European Network Against Racism (ENAR) Panelists may be added.
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press release
Helsinki Commissioners Urge Hungarian Officials Not to Stoke Historic Grievances
Friday, June 05, 2020WASHINGTON—Following the erection of a new memorial in Hungary marking the 100th anniversary of the Treaty of Trianon, which features the names of thousands of historic municipalities formerly part of pre-World War I Hungary, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Commissioner Rep. Steve Cohen (TN-09) issued the following joint statement: “Some Central Europeans see the border changes made by the Treaty of Trianon as a liberation. Many Hungarians consider it an historic national trauma. Hungarian Prime Minister Viktor Orban’s government is no stranger to the politics of memory, and the unveiling of this monument offers yet another opportunity for him to cynically exploit the past for current political gains. “For a decade, Prime Minister Orban has trafficked in ‘greater Hungary’ maps, flags, and posters. Orban officials have claimed that the Treaty of Trianon was worse than the Holocaust or four decades of communism, trivializing both. He has overseen efforts to rehabilitate fascist-era figures and defended Hungary’s wartime regent, Miklos Horthy, as ‘an excellent statesman.’ In 2014, he erected another memorial that shockingly portrays Hungary as a victim, rather than ally, of Nazi Germany and airbrushes out Hungary’s role in the genocide of the country’s Jews and Roma. We urge the Government of Hungary to stop stoking historic grievances with neighbors and stop treating the past as a political prop.” Hungary’s new "Memorial to National Unity" lists approximately 12,000 historic names of towns now in Austria, Croatia, Poland, Romania, Serbia, Slovakia, Slovenia, and Ukraine that prior to 1920 were part of the pre-World War I Kingdom of Hungary. At the time, ethnic Hungarians were the dominant minority and subjected other ethnic groups, including Serbs, Croats, Ukrainians, Germans, Romanians, and Slovaks, to discrimination and Magyarizaton, fueling demands among these groups for independence. The 1920 Treaty of Trianon, signed on June 4, 1920, formalized redrawn borders and the creation of new states. As a result, an estimated one-third of the ethnic Hungarian population in Europe, living in multi-ethnic regions, became minorities in territories joined to other states or in newly formed states. Hungary’s current borders were confirmed by the 1947 Treaty of Paris. According to a Pew Research Center study published earlier this year, two-thirds of Hungarians believe that parts of neighboring countries really belong to Hungary—the highest figure among NATO countries included in the survey.
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press release
Helsinki Commission Chairman Condemns Reported U.S. Withdrawal from Open Skies Treaty, Calls For New START Extension
Thursday, May 21, 2020WASHINGTON—Following reports that the Trump administration has notified other governments of its intent to withdraw from the Treaty on Open Skies, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “The Open Skies Treaty has underpinned transatlantic security for decades, and has always enjoyed bipartisan support precisely because of its contributions to our security and that of our allies and partners,” said Chairman Hastings. “The Trump administration’s ideological opposition to arms control agreements has undercut transparency and predictability in Europe at a time when U.S. leadership is needed most. “The timing of this ill-advised decision so close to our elections is distasteful. The United States withdrawing from the Open Skies Treaty can only benefit Putin’s continuing campaign of aggression against Russia’s neighbors. I urge the administration to reconsider and instead work with Congress to double down on supporting our allies and partners in Europe, and particularly working to secure the prompt extension of the New START Treaty.” The Open Skies Treaty is designed to increase transparency, build confidence, and encourage cooperation among the United States, Russia, and 32 other participating states (including much of Europe as well as partners like Ukraine and Georgia), by permitting unarmed observation aircraft to fly over their entire territory to observe military forces and activities. The United States has conducted nearly three times as many flights over Russia as Russia has over the United States under the Treaty. The United States has also used the Treaty to support partners by conducting flights over hotspots such as the Ukraine-Russian border. The New START Treaty between the United States and Russia limits each side’s intercontinental ballistic missile launchers, nuclear-capable heavy bombers, and deployed nuclear warheads, and includes a substantial verification regime to ensure the sides comply with the Treaty’s terms. New START is due to expire in February 2021, unless both parties agree to extend it for no more than five years.
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publication
Human Rights and Democracy in a Time of Pandemic
Tuesday, May 12, 2020The outbreak of the novel coronavirus pandemic has prompted governments around the world to take extraordinary measures in the interest of public health and safety. As of early April, nearly two-thirds of the 57 participating States of the Organization for Security and Cooperation in Europe had declared “states of emergency” or invoked similar legal measures in response to the crisis. Often such measures have enabled governments to enact large-scale social distancing policies and suspend economic activity to save lives and preserve the capacity of national public health infrastructure to respond to the spread of infections. At the same time, human rights organizations and civil society activists have expressed concern regarding the breadth of some emergency measures and recalled the long history of government abuse of emergency powers to trample civil liberties. Exactly three decades ago, OSCE participating States unanimously endorsed a set of basic principles governing the imposition of states of emergency, including the protection of fundamental freedoms in such times of crisis. In 1990 in Copenhagen, OSCE countries affirmed that states of emergency must be enacted by public law and that any curtailment of human rights and civil liberties must be “limited to the extent strictly required by the exigencies of the situation.” According to the Copenhagen Document, emergency measures furthermore should never discriminate based on certain group characteristics or be used to justify torture. Building on these commitments a year later in Moscow, participating States underscored that states of emergency should not “subvert the democratic constitutional order, nor aim at the destruction of internationally recognized human rights and fundamental freedoms.” The Moscow Document stresses the role of legislatures in imposing and lifting such declarations, the preservation of the rule of law, and the value of guaranteeing “freedom of expression and freedom of information…with a view to enabling public discussion on the observance of human rights and fundamental freedoms as well as on the lifting of the state of public emergency.” In some corners of the OSCE region, however, national authorities are violating these and other OSCE commitments in the name of combatting coronavirus. While many extraordinary responses are justified in the face of this crisis, government overreach threatens the well-being of democracy and the resilience of society at a critical time. Download the full report to learn more.
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speech
Respecting Human Rights and Maintaining Democratic Control during States of Emergency
Friday, May 08, 2020Statement at the OSCE Parliamentary Assembly Webinar: Respecting Human Rights and Maintaining Democratic Control during States of Emergency President Tsereteli, Secretary General Montella, it is good hear from you. I am pleased to see that this Assembly has found ways to communicate, cooperate and collaborate — in spite of the distances that keep us apart, and as an expression of our shared commitments to our roles as legislators. At last year’s annual session, I was the lead sponsor of a supplementary item on “the role of civil society — individuals and non-governmental organizations — in realizing the aims and aspirations of the OSCE.” The resolution we adopted in Luxembourg acknowledges the critical role civil society plays in enhancing security and cooperation across all OSCE dimensions. I appreciate President Tsereteli appointing our colleague, the Honorable Pia Kauma, as the Assembly’s Special Representative to be an advocate for civil society engagement and she has done a great job so far. I am sorry, but not surprised that some governments have taken the need for emergency measures as an opportunity for repressive measures. 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. I believe we must also pay particular attention to those measures that relate to freedoms of assembly, association, and expression. I am also troubled by the heavy-handed disciplinary and punitive approach utilized in some areas, which exacerbates existing discriminatory and unconstitutional policing. I want to thank you, Director Gisladottir, for your attention to this and speaking out against the hate crimes and scapegoating of minorities, refugees and migrants. In the next legislation that will come before the U.S. Congress, I will support provisions to address hate crimes and other forms of discrimination in our societies recently highlighted by the pandemic. The February 25 profiling murder of Ahmaud Aubrey by his neighbors in the state of Georgia demonstrates the urgency of our fight for equity and justice for all beyond our current crisis. But I would like to pause here for a moment, to reflect on violations of fundamental freedoms that some governments had already imposed even before now. If a law or practice violated OSCE human rights and democracy norms before the pandemic, circumstances now will surely not cure that violation. Threats against journalists, restrictions on academic freedom, imprisoning people for their political views, and impeding or even criminalizing NGOs’ access to and communication within and outside their own countries — all of that is still inconsistent with OSCE commitments, and the pandemic does not change that. Principle VII of the Helsinki Final Act still holds: individuals still have the right to know and act upon their rights. I therefore add my voice to the international calls from OSCE institutional bodies and others around the world for the release of all prisoners of conscience given this pandemic. Prison populations are particularly susceptible to community spread. To address dangerous overcrowding, governments should work first and foremost to release those imprisoned for exercising their internationally recognized rights or those wrongly imprisoned contrary to international commitments. I regret Turkey's decision in particular to approve a plan to release 90,000 prisoners that excluded relief for any of the thousands of political prisoners, including opposition politicians, civil society activists, employees of U.S. diplomatic missions, and many more. Which brings me back to the important work of Special Representative Kauma. Civil society is not a luxury, it is essential. If anything, it becomes even more important during an emergency when governments may legitimately exercise powers, but those powers may not be unlimited, unchecked, or unending. A vibrant civil society plays a critical role in holding governments to account, particularly at times of great social stress. Those human rights groups, the parent-teacher organizations, book clubs, or food banks— all enrich our societies. Colleagues, this pandemic has upended elections across the OSCE region. According to the OSCE Parliamentary Assembly’s factsheet, forty OSCE participating States — including my own — have elections scheduled for this year. As we all rise to meet the challenge of conducting elections safely, we must maintain transparency regarding the entire electoral process, especially any changes to the timing of elections, methods of voting, or measures that impact campaigning. The United States is already debating these issues in preparation for November. Even in a pandemic, international and domestic election observation remains vital. We must find a solution to ensure that they are engaged and included even now.
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speech
Remarks from Sen. Cardin Concerning COVID-19 Emergency Responses
Friday, May 08, 2020OSCE PA Webinar: Respecting Human Rights And Maintaining Democratic Control During States of Emergency Thank you, Mr. President Tsereteli and Secretary General Montella, for organizing this dialogue. Director Gisladottir and Mr. Abramowitz, thank you for the work each of you is doing to shine a light on the human rights and democracy implications of emergency measures introduced in response to the COVID-19 pandemic, as well as the implications of other government actions taken during this public health crisis that may threaten the health of our democracies. As parliamentarians, we have a responsibility to ensure that the measures we introduce and which our governments implement are consistent with OSCE standards on human rights and democracy, including the 1991 Moscow Document’s commitments regarding states of emergency. Those actions must be necessary, proportional, transparent, and temporary. 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. Muzzling independent voices undermines public confidence in government at a time when that confidence and public cooperation is critical to the success of the safety measures we need. And yes, sometimes this means governments are going to hear they they’re not getting it right and sometimes governments will need to make course corrections. But there’s a big difference between addressing bad news and suppressing bad news. A robust civil society is a critical partner to each of our governments and will strengthen our resilience. Unfortunately, just this virus exploits vulnerabilities of pre-existing conditions, some governments may exploit the human rights limitations already in place before this pandemic, including laws or practices that unduly restrict civil society, or limit the freedoms of expression, association, or assembly. President Tseretelli, your appointment of a Special Representative on Civil Society last August could not have come at a more important time. I hope members of this assembly will advance efforts to protect the core fundamental freedoms that are essential for civil society voices to be heard and support the work of my colleague, Special Representative Pia Kauma. We also need to ensure that civil society voices continue to be heard within the OSCE. As we look ahead to how the participating States organize human dimension activities this year, and particularly the annual Human Dimension Implementation Meeting, it is critical that we preserve the access and openness that have made the OSCE such an important forum for human right defenders. Whether OSCE meetings are in person or online, those standards of access should be preserved. Finally, democratic institutions, including as the rule of law, the independence of the judiciary, and free elections, must be preserved even during states of emergency. I think this is really one of the most important contributions of the 1991 Moscow Document — it speaks to these exact points: “A state of public emergency may not be used to subvert the democratic constitutional order.” “The participating States will endeavor to ensure that the normal functioning of the legislative bodies will be guaranteed to the highest possible extent during a state of public emergency.” “The participating States will endeavor to ensure that the legal guarantees necessary to uphold the rule of law will remain in force during a state of public emergency.” We may need to make changes in how our courts hear cases or the mechanics of our elections. But a health emergency does not diminish our commitment to ensure the integrity of our democratic institutions. The United States will proceed with our elections in a manner that ensures the public’s safety and respects the rights of voters, and consistent with our OSCE commitments. Thank you.
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press release
Chairman Hastings and Co-Chairman Wicker Commemorate World Press Freedom Day
Friday, May 01, 2020WASHINGTON—Ahead of World Press Freedom Day on May 3, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statements: "Given these uncertain and unprecedented times, it is more important than ever that journalists and media professionals are able to work freely and without retribution," said Chairman Hastings. "Unfortunately, journalists remain in jail throughout the OSCE region, while states like Russia, Azerbaijan, and Hungary criminalize providing essential information and transparency about the COVID-19 pandemic. Independent media continues to be assaulted under the pretense of punishing allegedly 'false,' 'misleading,' or unofficial information. This is unacceptable." Read Chairman Hastings' full Congressional Record statement. “Journalists across the globe risk their safety, and some even their lives, to report the truth," said Co-Chairman Wicker. "On World Press Freedom Day, we honor a freedom that is a cornerstone of democracy and should always be protected in any healthy society. During this pandemic, good journalism and unflinching investigative reporting are essential as we work to mitigate the effects of the coronavirus and get our economies started again. Now more than ever, I urge all OSCE states to uphold this fundamental freedom." According to the latest reports from the Committee to Protect Journalists, 250 journalists are imprisoned worldwide for their work, 64 journalists are missing, and 1,369 journalists have been killed since 1992. Additionally, Reporters Without Borders' 2020 World Press Freedom Index found that global press freedom has deteriorated by 12 percent since 2013. Ahead of World Press Freedom Day, OSCE Representative on Freedom of the Media Harlem Désir, along with the United Nations Special Rapporteur on Freedom of Opinion and Expression and the Organization of American States Special Rapporteur on Freedom of Expression, issued a joint declaration on freedom of expression and elections in the digital age, particularly noting challenges to press freedom during the COVID-19 pandemic. On April 17, Chairman Hastings and Co-Chairman Wicker released a statement expressing concern with the latest attacks on press freedom in Russia amid the coronavirus pandemic, including death threats to Russian journalist Yelena Milashina by Chechnya’s leader Ramzan Kadyrov. Earlier in April, Chairman Hastings also denounced the unchecked power granted to Hungarian Prime Minister Viktor Orban following his request to rule by decree in response to the COVID-19 pandemic.
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press release
Hastings, Wicker, Moore, and Hudson Mark the Third Anniversary of Joseph Stone’s Death in Ukraine
Thursday, April 23, 2020WASHINGTON—Three years after the death of Joseph Stone, a U.S. paramedic serving with the OSCE Special Monitoring Mission (SMM) in Ukraine, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) recalled Stone’s tragic death in the Russia-driven conflict and lamented the suffering of civilians who remain the chief victims of Kremlin aggression. Stone was killed on April 23, 2017, when his vehicle struck a landmine in Russian-controlled territory in eastern Ukraine. “Another year has passed since Joseph Stone lost his life, and still Moscow’s war in eastern Ukraine rages on,” said Chairman Hastings. “Stone was killed as he helped document the senseless human suffering inflicted by the Kremlin’s assault on Ukraine. Even amidst a global pandemic, we must not forget the civilians with courage like Stone, who remain on the frontlines of conflict zones globally.” Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) underlined the Russian Government’s responsibility for the war’s ongoing toll and affirmed that the Kremlin would continue to face consequences for its aggression. “The Kremlin continues to fuel this war while denying its direct involvement,” said Co-Chairman Wicker. “Joseph Stone’s death three years ago was a direct result of Russian aggression, which is only part of Vladimir Putin’s broader campaign against Ukraine. Our sanctions will remain in place until Moscow changes course and Ukraine’s territorial integrity is restored.” Helsinki Commissioner Rep. Gwen Moore (WI-04) celebrated Stone’s contributions to regional security and condemned the threats OSCE monitors continue to face in the field. “Born in my district in Milwaukee, Joseph Stone was a courageous young man whose life tragically ended much too soon. All OSCE states, including Russia, must do everything possible to support the OSCE monitors who, to this day, face unacceptable threats and restrictions as they shine a light on the daily cost of this needless war,” said Rep. Moore. Helsinki Commissioner Rep. Richard Hudson (NC-08), who also chairs the OSCE Parliamentary Assembly Committee on Political Affairs and Security, called for the immediate lifting of new, baseless restrictions imposed by Russian-led forces under the pretext of COVID-19. “Even as OSCE monitors seek to report on the COVID-19 outbreak’s impact on vulnerable populations, Russian-controlled forces are using so-called quarantine restrictions to deny them access,” Rep. Hudson said. “The increasing limitations by Moscow-led forces also stall crucial humanitarian shipments and services by international organizations. This obstruction and harassment must cease immediately.” The SMM was established in 2014 to monitor implementation of the Minsk agreements, which were designed to bring peace to eastern Ukraine. It is an unarmed, civilian mission that serves as the international community’s eyes and ears on the security and humanitarian situation in the conflict zone. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia, and Ukraine. It currently fields roughly 750 monitors, approximately 600 of whom are in the Donetsk and Luhansk regions of Ukraine. The United States supports the SMM by providing 54 monitors (the largest contingent) and has contributed more than $140 million to the mission since its inception.
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press release
Chairman Hastings Denounces Unchecked Power Granted To Hungary’s Prime Minister Orban
Thursday, April 02, 2020WASHINGTON—Following the Hungarian Parliament’s decision on Monday to accept Prime Minister Viktor Orban’s request for unlimited power to rule by decree in response to the coronavirus pandemic, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “Prime Minister Orban has taken gross advantage of the fear and uncertainty brought on by a global pandemic to secure the power to rule by decree in perpetuity. Instead of focusing on the well-being of Hungarian citizens likely to suffer from the coronavirus, he has chosen to prioritize preserving his parliamentary majority and permanently consolidating his control of the Hungarian Government. “At both the global and national levels, defeating the coronavirus will require extraordinary social solidarity, not unchecked executive power. The further concentration of powers in Hungary will only pave the way for the further concentration of corruption.” Among other provisions, the new law allows for up to a five-year prison sentence for spreading false or distorted information regarding the fight against the coronavirus, which could be used against journalists reporting on the state of Hungary’s hospitals or health care delivery. The law also suspends elections. Hungary has recently completed a cycle of elections (parliamentary, European Parliament, and municipal) with no other major elections scheduled until 2022. In the meantime, by-elections and referenda are prohibited. The law, which lacks a sunset clause, may only be repealed by a two-thirds vote of parliament, or terminated by the Prime Minister himself. In 1991, Hungary—along with all other OSCE participating States—adopted the Moscow Document in the aftermath of a coup attempt in Russia. The agreement includes specific provisions on states of emergency. In particular, the OSCE participating States agreed to “in conformity with international standards regarding the freedom of expression, take no measures aimed at barring journalists from the legitimate exercise of their profession other than those strictly required by the exigencies of the situation.” On March 30, OSCE Office for Democratic Institutions and Human Rights (ODIHR) Director Ingibjörg Sólrún Gísladóttir warned that emergency legislation being adopted by governments across the OSCE region, including Hungary, must include a time limit and guarantee parliamentary oversight. Since 2010, Viktor Orban has systematically dismantled a system of checks and balances, facilitating the consolidation of control by the Fidesz government. In April 2019, the Helsinki Commission hosted a briefing to explore developments in Hungary, including issues related to the rule of law and corruption.
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article
Representative Millicent Fenwick
Thursday, March 26, 2020By Annie Lentz, Max Kampelman Fellow On August 1, 1975, after years of negotiation and debate, the leaders of 35 nations gathered in Helsinki, Finland to sign the Helsinki Final Act, also known as the Helsinki Accords. The Helsinki Final Act—the founding document of today’s OSCE—is not a treaty, but rather an international agreement outlining 10 guiding principles for inter-state relations, among them respect for human rights and fundamental freedoms. The Helsinki Final Act marked the first time that the Soviet Union had signed a transnational agreement that included language on protecting human rights. With the passage of the act came a wave of hope that renewed value would be placed on human rights and freedom in the signatory countries. However, U.S. public opinion was not behind the Helsinki Final Act. Public understanding of the document was mired in misperceptions, and the agreement remained controversial even after it was signed by President Gerald Ford. While the Helsinki Final Act was eventually met with hard-won respect in the U.S.—including that of Secretary of State Henry Kissinger, who was originally skeptical of its utility—not all signatory countries adhered. The biggest transgressor was the Soviet Union, which jailed its citizens, restricted them from leaving the country, and limited their freedoms, all in direct violation of the Helsinki Final Act. Some in Congress began looking for ways to hold the Soviet Union accountable for its actions. The Commission on Security and Cooperation in Europe (also known as the Helsinki Commission)—the brainchild of the courageous and tenacious Rep. Millicent Fenwick—was the result. Rep. Millicent Fenwick Millicent Fenwick was born in New York City on February 25, 1910. Raised in New Jersey, she became involved with politics in the 1950s through the civil rights movement. Finding her footing in New Jersey politics, Fenwick ran and won a seat in the New Jersey Assembly, ultimately becoming elected to Congress as a representative for New Jersey in 1974. She was 64 years old. Appalled by the Russian neglect of the Helsinki Final Act and the theft of freedom from its citizens, the newly elected Rep. Fenwick projected a resounding voice on the topic of human rights advocacy and accordance to the Helsinki Final Act. Rep. Fenwick’s activism was prompted by a 1975 visit to Russia, one week after the Helsinki Final Act was signed. As noted in Amy Shapiro’s book, Millicent Fenwick: Her Way, the visit brought on a revelation. “You read about an automobile accident and you’re shocked,” Rep. Fenwick said. “But you come upon that accident and see the blood on the victims and hear their cries – how different it is. Well, that’s what it was like to go to Russia and hear the cries of all these desperate people.” Specifically, Rep. Fenwick empathized with the case of Lelia Ruitburd, whose husband and son were arrested by the police at the Yalta Airport for conspiring to emigrate. While Ruitburd’s son was eventually released, her husband disappeared forever. Ruitburd lived the remainder of her life worried, anxious, and utterly alone, all because her family had hoped for a better life outside of the Iron Curtain. Witnessing such devastation first-hand, Rep. Fenwick leapt into action, becoming one of the two primary advocates for the creation of a U.S. body to observe and promote compliance with the human rights provisions of the Helsinki Final Act, alongside Sen. Clifford Case, also of New Jersey. Establishment of the Helsinki Commission Rep. Millicent Fenwick, President Gerald Ford, and Senator Clifford Case at the signing of Public Law 94-304. Rep. Fenwick’s advocacy manifested in Public Law 94-304 of June 3, 1976, the legislation that created the Helsinki Commission. Her partnership with Senator Case was instrumental in passing the law. The new law authorized the Helsinki Commission “to monitor the acts of the signatories which reflect compliance with or violation of the articles of the Final Act…with particular regard to the provisions relating to human rights and Cooperation in Humanitarian Fields.” This mandate extended to other areas covered by the Helsinki Final Act, including economic cooperation and the exchange of people and ideas between participating States. The primary goals of the commission were to strengthen the legitimacy of human rights monitoring; to defend those persecuted for acting on their rights and freedoms; to ensure that violations of Helsinki provisions were given full consideration in U.S. foreign policy; and to gain international acceptance of human rights violations as a legitimate subject for one country to raise with another. Backlash for Oversight Within the U.S. the establishment of the Commission was controversial. Public Law 94-304 was signed against the advice of senior foreign policy advisors, including Secretary of State Kissinger. As noted in Shapiro’s book, Kissinger “preferred bilateral negotiations between Washington and Moscow rather than dealing with another thirty-plus nations assembled at the table,” and was equally skeptical of the value of the Helsinki Commission. When questioned whether the establishment of the Helsinki Commission was provocative, Fenwick maintained it was not. In an interview with Meet the Press in 1977, Fenwick argued, “It is not our actions that are probing this sensitive thing. It is the fact that the government of the Soviet Union signed something saying to its citizens that they have the right to travel, that they have the right to reunification of families, that they have the right to information.” Fenwick continued, “We must abide by the condition that the international organizations are living by.” After its establishment, Rep. Fenwick became an original member of the Helsinki Commission and served as a commissioner until she retired from Congress. Her time in the House of Representatives continued to be impactful and courageous. She was lauded by the press for her diligence and ethics, classified by Walter Cronkite as “the conscience of Congress.” She remained a strong opponent of corruption and a driving advocate for human and civil rights throughout her tenure. Rep. Fenwick set the tone for the continued commitment of the U.S. Congress to the Helsinki Final Act and established a base from which human rights could be prioritized in U.S. policy that is still in use today.
Wednesday, November 28, 2018