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Helsinki Commission Leadership Condemns Kyrgyz Return of Uzbek Refugees

Thursday, August 10, 2006

Helsinki Commission Chairman Senator Sam Brownback (R-KS) and Co-Chairman Rep. Christopher H. Smith (R-NJ) expressed outrage about the forced return of Uzbek refugees by the Kyrgyz Government. Four refugees and one asylum seeker were deported on Wednesday to Uzbekistan, from which they had fled.

“I am profoundly disappointed that Kyrgyzstan has forcibly returned these five individuals,” said Senator Brownback. “Kyrgyzstan did allow the UN to resettle to third countries the majority of refugees fleeing the Andijon shootings. I do not understand this change in policy, which certainly damages Kyrgyzstan’s international reputation. The consequences of this decision may be life threatening for the refugees.”

“I urge President Bakiev to ensure this grave mistake is not repeated with other Uzbeks seeking shelter in Kyrgyzstan from the repressive Karimov regime,” added Senator Brownback. “I also urge President Karimov to allow the international community access to the returnees.”

Four individuals were recognized as refugees by the United Nations High Commissioner for Refugees (UNHCR), which had reportedly found third countries to accept their resettlement. Despite repeated UNHCR requests to Kyrgyz officials to allow the transfer, Kyrgyz authorities deported all five individuals to Uzbekistan on Wednesday. UNHCR had not been granted sufficient access to the fifth individual to determine whether he qualified as a refugee.

“The forcible return of refugees to Uzbekistan, an egregious human rights abuser, is unconscionable and outrageous,” said Rep. Smith. “I had hoped the United States had found a reliable partner in President Bakiev, but apparently he’s more interested in pleasing Tashkent by offering up these poor souls for likely mistreatment than in upholding international commitments.”

“Considering this and the recent expulsion of two American diplomats on specious grounds, we should take a long and hard look at the policies coming out of Bishkek and how they will affect the bilateral relationship,” said Rep. Smith.

The four Uzbeks were being detained in the southern Kyrgyz city of Osh for over one year due to an Uzbek extradition request. They were part of a larger group of over 400 refugees that crossed into Kyrgyzstan fleeing the shootings by Uzbek security forces in May 2005 in the Uzbek city of Andijon. UNHCR recognized the entire group as refugees under the 1951 UN Refugee Convention, to which Kyrgyzstan is a signatory. The group was transferred to Romania last year for resettlement processing.

Under the nonrefoulement obligation of the UN Refugee Convention, Contracting States must not forcibly return individuals to situations where their life and freedom would be threatened. In addition, Kyrgyzstan is obligated by the UN Convention Against Torture to not return individuals if there are substantial grounds for believing they would be in danger of being subjected to torture.

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Our actions in this and similar cases demonstrate global leadership. We welcome the recent nomination of a new U.S. permanent representative to the OSCE. This important post has remained vacant for far too long. We urge our Senate colleagues to swiftly consider the nominee, who will be responsible for leading America’s vigorous defense of democracy and human rights in the region. Let us also not overlook the fact that our work in the OSCE in relation to Russia is not simply to counter Moscow’s anti-democratic ambitions. Follow-up meetings to the original Conference on Security and Cooperation in Europe became one of a shrinking number of places where East-West dialogue could take place during the Cold War. Likewise, after Russia was suspended from the G8 in March 2014, today’s OSCE provides one of the few remaining opportunities to engage with Russia and hold the Kremlin accountable to principles it has endorsed. Russian Foreign Minister Sergei Lavrov attends OSCE ministerial meetings, where he easily – and with great success – engages with senior officials from around the region. That alone should encourage our secretary of state to be present. Secretary Tillerson attended the 2017 ministerial, and we urge Secretary Pompeo to do the same. Future Challenges Along with successes, we also have seen areas where multilateralism has fallen short. Areas like Nagorno-Karabakh, Transnistria, Chechnya, Abkhazia, and South Ossetia have consumed OSCE attention and resources, but unfortunately, the organization’s actions have not thawed these frozen conflicts. The OSCE may have kept things from getting worse than they might have been otherwise; this is something to praise, but cannot yet be counted as a win. These efforts have been hindered in part by the otherwise positive requirement that major decisions in the organization require consensus. This rule is vital to the OSCE’s success. The organization can convene all parties on an even footing and – because no country can claim that it didn’t voluntarily agree to its commitments – the rule gives unique force to the OSCE’s actions. However, decision-making by consensus also allows a single intransigent country to wield its veto as a weapon, even in cases of otherwise overwhelming agreement. In 2008, Russia successfully blocked the OSCE from establishing a field mission in Georgia as Russian-backed separatists occupied South Ossetia and Abkhazia. Since then, resistance to hosting or authorizing field missions, a core capability of the OSCE, has spread. Belarus kicked out its OSCE mission in 2011. Azerbaijan forced the mission in Baku to close in 2015, and two years later, it insisted on the shuttering of a mission in Armenia. Mongolia, the newest OSCE participating state, has repeatedly requested a mission to foster its continued democratic development and build closer ties with other participating states. Moscow consistently blocks that request. A related and ongoing problem is the lack of transparency of the OSCE’s decision-making. Opening its official deliberations to the public would help make those countries that thwart progress more broadly accountable for their recalcitrance. A more recent challenge comes from the government of Turkey. Ankara continues to use the 2016 coup attempt as pretext for not only violently repressing its citizens and detaining others, including Americans, but also for limiting the participation of non-governmental organizations in certain OSCE meetings. The OSCE is the only international organization that allows NGOs to participate equally with governments in meetings on human rights commitments, allowing these groups to raise their concerns directly. If Turkey has its way, human rights groups might be denied a seat at the table. It is easy to imagine which countries quietly hope this effort will succeed. The United States must continue to make it clear that it is not one of them. Indeed, the moral here is that the United States should not only support the strengths and potential of the OSCE, but we must also be present and potent when progress and principles are challenged within the organization. Our colleagues in both chambers of Congress have the passion and determination to do just that. In these days of partisan discord, we must remember – and treasure – the fact that Congress is broadly committed to the principles enshrined in the Helsinki Final Act: respect for human rights and fundamental freedoms, democratic principles, and liberty. We see this in the establishment of the Helsinki Commission itself, a unique agency conceived by Congress to strengthen the legitimacy of human rights monitoring, defend those persecuted for acting on their rights and freedoms, and ensure that violations of Helsinki provisions are given full consideration in U.S. foreign policy. The OSCE’s broad membership and comprehensive definition of security make it an ideal platform to advocate for our interests in a vital region. Its institutions remain singularly placed to moderate regional conflicts, promote respect for human rights, and safeguard essential elements of democracy. We have not only the right, but also the duty, to hold countries responsible if they fail to adhere to the basic principles that we all agreed to in 1975. We also have the responsibility to hear and consider other participating states when they feel that the United States is not fully meeting our commitments. Leading by example means that we must be held accountable, too. At this critical juncture, when the rules-based order appears particularly fragile, any weakening or absence of the OSCE could irreversibly damage the chances for democracy and peace in the region. We must not allow that to happen – and the key is our own steadfastness, in words and deeds. Roger Wicker (@SenatorWicker) is chairman of the U.S. Helsinki Commission and a vice president of the OSCE Parliamentary Assembly. A member of the Republican Party, he has represented Mississippi in the Senate since December 2007. He previously represented Mississippi for 13 years in the House of Representatives. Ben Cardin (@SenatorCardin) is ranking Senate member of the U.S. Helsinki Commission. He serves as special representative on anti-Semitism, racism, and intolerance for the OSCE Parliamentary Assembly. A member of the Democratic Party, he has represented Maryland in the Senate since January 2007 after 20 years in the House of Representatives.

  • Politically-Motivated (In)Justice

    Since 2008, Lithuanian judge and parliamentarian Neringa Venckiene has been seeking justice for her young niece, who was allegedly sexually molested by two Lithuanian government officials. Despite a court ruling that there was enough evidence to indict the child’s mother for facilitating the molestation, the niece was taken from Judge Venckiene and returned to the mother’s care, preventing the girl from testifying further in an ongoing trial against her alleged abusers.  In 2013, Judge Venckiene fled Lithuania to seek political asylum in the United States, fearing retribution not only for her efforts to protect her niece but also for her leadership in a new anti-corruption political party.  Lithuanian prosecutors have charged Judge Venckiene with at least 35 crimes, ranging from petitioning the court on her niece’s behalf, to speaking to journalists about the case, to bruising an officer during her struggle to keep her niece from being returned to the accused mother. Five years after arriving in the United States, Judge Venckiene’s political asylum case has still not been heard, but U.S. authorities are moving to extradite her under the U.S.-Lithuania extradition treaty for bruising the officer who was returning the girl to the accused mother during the trial.  The hearing explored the limits of extradition among allies, especially when charges appear politically motivated. Witnesses discussed the evidence of political motivation, including statements made publicly by the recent Chairman of the Lithuanian Supreme Court calling Judge Venckiene “an abscess in the judicial and the political system,” and “the trouble of the whole state.” Several witnesses argued forcefully that these and other actions by Lithuanian authorities demonstrate blatant political motivation.  Dr. Vytautas Matulevicius, a member of the Seimas from 2012 to 2016 for the anti-corruption political party led by Judge Venckiene said, “...[T]he case of N. Venckienė itself can be regarded as a typical recurrence of the Soviet legal system—a person who talks too much about the crimes of influential people can be turned into a criminal herself.”  Human rights litigator Abbe Jolles calling Judge Venckiene’s extradition to a system with “no chance of a fair trial” a “likely death sentence.” The hearing examined other lenses through which to view the legal case for extradition. Law Professor Mary Leary explored the definitions of human trafficking established by Trafficking Victims Protection Act of 2000 (P.L. 106-386) and by the Palermo Protocol. She advised that [as has been alleged], “if evidence exists that the abusers provided financial and other benefits to the mother of the child victim, this child sexual abuse could also implicate child sex trafficking.”    Concerns were also raised about the humanitarian standards of the Lithuanian prison system. As Ms. Jolles noted, several countries have previously refused Lithuanian extradition requests over concerns of unacceptable conditions and the possibility of torture.  In addition, the United States cited Lithuania in a 2017 report for prison conditions below international standards. The litany of charges against Judge Venckiene that have been added and subtracted was also considered. In particular, the legitimacy of the charge of assaulting a police officer during the seizure of her niece was questioned.  It remains unclear why Lithuanian prosecutors did not arrest Judge Venckiene while she was living in Lithuania for a year after the alleged assault, or why they would have allowed an alleged felon to immigrate to the United States and reside there for over two years before eventually filing for her extradition.  This, again, suggested the possibility of political motivation behind the charges. The Government of Lithuania was invited to participate in the hearing, or to suggest a witness to represent its perspective, but declined. Instead, the Embassy of Lithuania provided a written statement.

  • Helsinki Commission to Explore Extradition Case of Lithuanian Judge Neringa Venckiene

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: POLITICALLY-MOTIVATED (IN)JUSTICE? THE EXTRADITION CASE OF JUDGE VENCKIENE Thursday, September 27, 2018 2:00 p.m. Rayburn House Office Building Room 2261 Live Webcast: http://www.youtube.com/HelsinkiCommission Since 2008, Lithuanian judge and parliamentarian Neringa Venckiene has been seeking justice for her young niece, who was allegedly sexually molested by two Lithuanian government officials. Despite a court ruling that there was enough evidence to indict the child’s mother for facilitating the molestation, the niece was taken from Judge Venckiene and returned to the mother’s care, preventing the girl from testifying further in an ongoing trial against her alleged abusers. In 2013, Judge Venckiene fled Lithuania to seek political asylum in the United States, fearing retribution not only for her efforts to protect her niece but also for her leadership in a new anti-corruption political party. Lithuanian prosecutors have since charged Judge Venckiene with at least 35 crimes, ranging from petitioning the court on her niece’s behalf, to speaking to journalists about the case, to bruising an officer during her struggle to keep her niece. Five years after arriving in the United States, Judge Venckiene’s political asylum case has still not been heard, but U.S. authorities are moving to extradite her under the U.S.-Lithuania extradition treaty. The hearing will explore the limits of extradition among allies, especially when charges appear politically motivated. Witnesses will also discuss whether the bilateral extradition treaty would protect Judge Venckiene from additional charges and civil suits if she were extradited. Witnesses scheduled to testify include: Karolis Venckus, Son of Judge Neringa Venckiene Dr. Vytautas Matulevicius, Member of Lithuanian Parliament, Way of Courage Party (2012-2016) Abbe Jolles, Esq., International Human Rights Litigator, AJ Global Legal Professor Mary G. Leary, Catholic University of America, Columbus School of Law

  • The Human Dimension is a Parliamentary Priority

    Each September, the OSCE focuses considerable attention on its body of commitments in the human dimension, ranging from human rights and fundamental freedoms, to democratic norms and the rule of law, to tolerance in society and other humanitarian concerns. For two weeks, the participating States and interested non-governmental organizations gather in Warsaw, Poland, to review implementation of OSCE commitments in each of these areas.  This Human Dimension Implementation Meeting (HDIM) is organized under the auspices of the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR). Other OSCE institutions, like the High Commissioner for National Minorities and the Representative on the Freedom of the Media, also participate in the exchange of views. Traditionally, the OSCE’s Parliamentary Assembly (OSCE PA) is also represented at the meeting, and its presence this year was particularly strong. About the OSCE PA The OSCE PA is one of the original institutions of the OSCE and consists of 323 parliamentarians who gather three times a year, including at an annual session each summer where resolutions are adopted. Today’s high-profile OSCE work on human trafficking, anti-Semitism, and media freedom began years ago with initiatives undertaken by the assembly and transferred at the urging of parliamentarians to national governments for concrete follow-up activity. Decision-making in the OSCE PA is usually based on a majority vote, which contrasts with the consensus needed among government representatives in OSCE diplomacy. This allows the Assembly to address issues, particularly in the human dimension, in a way that reflects the overwhelming opinion of the participating States but would be unlikely to succeed in other OSCE bodies, where representatives of offending countries can block action.  For example, in the past five annual sessions the OSCE PA has adopted resolutions condemning Russia’s clear, gross, and uncorrected violations of Helsinki principles in it aggression against Ukraine, including violations in the human dimension.  At the 2018 annual session in Berlin last July, Russian parliamentarians unsuccessfully opposed consideration and adoption of a text on human rights violations in Russian-occupied Crimea, and on the human rights situation in Russia itself. The OSCE PA also criticizes other countries’ record in the human dimension records—including actions of the United States—but the assembly’s criticism is generally commensurate with the severity of perceived violations. The OSCE PA defends ODIHR in its work facilitating implementation of commitments where needed, and civil society in its advocacy of human rights. At the 2018 annual session, parliamentarians condemned the ongoing efforts of Turkey and some other countries to restrict non-governmental voices at the HDIM and other human dimension events, or to dilute them with non-governmental organizations formed at the behest of some of the more repressive regimes in the OSCE region.  In Berlin, the OSCE PA called “on all OSCE participating States to welcome NGO participation in OSCE events, and to reject all efforts to restrict participation in OSCE human dimension events so long as these groups do not resort to or condone violence or terrorism, to ensure the broadest possible contribution from NGOs to the OSCE’s work and a full and unrestricted exchange of information and opinions.” OSCE PA Participation in HDIM 2018 OSCE PA President George Tsereteli addresses the 2018 Human Dimension Implementation Meeting in Warsaw. In 2018, five OSCE PA officers—all elected members of national parliaments—spoke at the HDIM.  OSCE PA President George Tsereteli of Georgia addressed the gathering’s opening session, observing that while the human dimension is also known as the “third dimension” of the OSCE’s comprehensive approach to security, it “should always be our first priority.” “When we put our OSCE hats on, our primary goal is to better the lives of the more than one billion people in the OSCE area,” said President Tsereteli. “Our duty is to respond to their desire to live in a free society, where democratic debate is encouraged and not stifled, where journalists are respected and not jailed or killed, where a simple citizen can trust that his or her voice counts and is not discarded.” Two of the OSCE’s nine Vice Presidents—Isabel Santos of Portugal and Kari Henriksen of Norway—also attended. Santos focused on the human rights of migrants, and Henriksen on promoting opportunities for women and children that will protect them from human trafficking. Two of the three officers of the OSCE PA’s General Committee on Democracy, Human Rights, and Humanitarian Questions were also in Warsaw. Committee chair Margareta Kiener Nellen of Switzerland addressed hate crimes and hate speech, including ways to combat them, while committee rapporteur Kyriakos Hadjiyianni of Cyprus focused on challenges to freedom of the media, ranging from rhetorical attacks to violence and incarceration of journalists. OSCE PA human rights committee rapporteur Kyriakos Hadjiyianni delivers remarks at the freedom of the media session at the 2018 HDIM in Warsaw. Other Human Dimension Activities Throughout the year, the OSCE PA deploys short-term election observation missions and represents the OSCE as a whole in reporting the preliminary conclusions immediately after elections take place. The assembly also has an active Ad Hoc Committee on Migration, chaired by Belgian parliamentarian Nahima Lanjri, which encourages humane treatment of refugees and migrants alike, including respect for their rights, in accordance with international norms.  Various Special Representatives of the OSCE PA President also have human dimension portfolios, including Helsinki Commission Co-Chairman Rep. Chris Smith (Human Trafficking Issues) and Ranking Commissioner Sen. Ben Cardin (Anti-Semitism, Racism and Intolerance).

  • Viewing Security Comprehensively

    By Alex Tiersky, Senior Policy Advisor, Global Security and Political-Military Affairs What does an annual human rights dialogue have to do with peace and security? To the uninitiated, the answer may not be obvious. The OSCE’s annual Human Dimension Implementation Meeting (HDIM) focuses on the compliance by participating States with the Helsinki Final Act’s ten guiding principles for relations between states, including respect for human rights, and with its humanitarian commitments.  Like the OSCE’s annual reviews of the security and the economic/environmental dimensions, the HDIM is a deep dive into a specific group of issues embraced by the OSCE. Yet all three of these dimensions are inextricably intertwined. The 1975 Helsinki Final Act enshrined groundbreaking linkages between the rights of the individual and peaceful relations among states in the concept of comprehensive security. It explicitly recognized that democracy, fundamental freedoms, and the rights of persons belonging to minorities underpin regional peace and security. By signing the document, all OSCE participating States have agreed that lasting security cannot be achieved without respect for human rights and functioning democratic institutions. The Potential of Comprehensive Security Soviet dissident groups were among the first to recognize the potential of the Helsinki Final Act’s then-revolutionary linkages. According to Yuri Orlov in Ludmilla Alexeyeva’s memoir “Thaw Generation,” the founders of the Moscow Helsinki Watch Group observed that the act represented “the first international document in which the issue of human rights is discussed as a component of international peace,” empowering dissident groups to hold their own authorities to account for human rights violations by way of other governments’ assessments. American presidents have repeatedly underlined the significance of the comprehensive concept of security enshrined in the Helsinki Final Act. President Ronald Reagan, returning from discussions with his Soviet counterpart in October 1986, made clear that progress on lessening of tensions and possible arms control agreements would require trust between the two sides, and that this trust was in turn predicated on the Soviet government’s record on meeting human rights commitments: “… I also made it plain, once again, that an improvement of the human condition within the Soviet Union is indispensable for an improvement in bilateral relations with the United States. For a government that will break faith with its own people cannot be trusted to keep faith with foreign powers.” President George H.W. Bush in 1992 underlined that in the act, “participating States recognized respect for human rights as an ‘essential factor’ for the attainment of peace, justice and cooperation among nations.” President Barack Obama in 2015 hailed the act’s central conviction that “the security of states is inextricably linked to the security of their citizens’ rights.” The concept of comprehensive security also lay behind the establishment of institutions such as the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), which is tasked by the participating States with helping governments to meet their commitments to human rights and democracy. ODIHR describes its mission as “a cornerstone of the OSCE’s comprehensive concept of security.” Similarly, OSCE field missions helping OSCE participating States to strengthen their democracy and thereby their security through the implementation of the OSCE commitments in areas ranging from minority rights to media freedom. The relevance of human rights to building and upholding both internal and international peace has also been a reoccurring theme in the work of the OSCE Parliamentary Assembly. For example, in June 2017  the rapporteur of the OSCE PA Committee on Democracy, Human Rights, and Humanitarian Questions urged OSCE “governments to prioritize commitments to protect fundamental human rights and freedoms of every individual in addressing such pressing issues as countering violent extremism.” Comprehensive Security and the Helsinki Commission The comprehensive concept of security also inspired today’s U.S. Helsinki Commission. The commission has heard on numerous occasions from serving government officials just how crucial the relevance of human rights within states is to security among states. For instance, at a Helsinki Commission hearing while serving as Assistant Secretary of State for European and Eurasian Affairs, Philip Gordon emphasized, “The OSCE’s comprehensive approach to security offers a vehicle for engagement across the political, military, economic, and human rights dimensions. ... one of the most important features of the OSCE is that it recognizes that security is not just about what happens between states or beyond borders, but what happens within them.” At the same hearing, then-Assistant Secretary of State for Democracy, Human Rights, and Labor Michael Posner underlined, “Respect for human rights and fundamental freedoms within states is an essential element of security and prosperity among states. This principle lies at the core of the OSCE. Without a vigorous Human Dimension, the Helsinki Process becomes a hollow shell.” Helsinki Commissioners consistently emphasize the linkages between the various dimensions of security in all aspects of their work, including efforts to condemn torture; defend the rights of a free press; protect human rights and fundamental freedoms in the fight against terrorism; or underline the importance of individual liberty and the rule of law as the foundations of the NATO alliance. In 2017, all Senate members of the Helsinki Commission jointly introduced a introduced a bipartisan resolution urging President Trump to recognize the importance of the Helsinki Final Act and its relevance to American national security.  As Chairman Roger Wicker observed, “Peace and prosperity in the OSCE region rest on a respect for human rights and the preservation of fundamental freedoms, democratic principles, and economic liberty.” 

  • Race, Rights, and Politics

    Today, Europe is grappling with the complex intersection of national identity, immigration, and security concerns, as well as a rise in xenophobic violence. As a result, European states are facing increased scrutiny of their efforts to integrate minorities and migrants, with some questioning the commitment of European governments to democratic principles and human rights.   The briefing featured European political leaders and civil society representatives of African descent, or black Europeans, who discussed the state of their democracies and recent efforts to address inclusion of Europe’s diverse populations, including parallel issues faced by black and minority populations on both sides of the Atlantic.  Helsinki Commissioner Representative Gwen Moore opened the event, stressing the importance of transatlantic cooperation to address increasing challenges to democracy and rising prejudice and discrimination in Europe and the United States. The speakers emphasized the need for greater protection of human rights of minorities of all backgrounds—racial and otherwise—including Polish, Romanian, Jewish, and Muslim populations, particularly in a modern Europe of sharp demographic change, BREXIT, and stagnating birth rates. They also discussed the need for migrant labor to revitalize and sustain European economies and social welfare systems.  Hungarian Parliamentarian Olivio Kocsis-Cake called for European policymakers to do more to address the situation of Roma. In response to a question on the European Parliament invoking Article 7 sanction procedures against Hungary—censuring it for violating “fundamental values” of the EU—he expressed hope that the EU’s rebuke would lead Hungarian PM Viktor Orbán to reconsider the “nationalist” and xenophobic policies he was advancing.   MP Killion Munyama of Poland spoke of his work on the Council of Europe Resolution 2222, which promotes minority political participation.  Parliamentarian Clive Lewis of the United Kingdom argued that BREXIT would negatively impact black populations—exacerbating existing housing, job, and education disparities—and that xenophobic rhetoric associated with the BREXIT campaign had led to a 20-30 percent spike in “race-hate” attacks. Against the backdrop of the Alternative für Deutschland (AfD) party and the recent neo-Nazi protests in Chemnitz, Germany, Parliamentarian Aminata Toure of Schleswig-Holstein, Germany, reflected on her experience as the first black woman elected to her region’s parliament and one of only six black MPs in all of Germany. She called for more be done to empower the 23 percent of Germans with migrant backgrounds who find themselves massively underrepresented in governing structures, and are increasingly becoming targets of violence. Panelists Nero Ughwujabo and Simon Woolley discussed their separate efforts on implementing the United Kingdom’s March 2018 Race Disparity Audit Report to eradicate disparities across all sectors. The effort was heralded as a potential model for by which governments could address systemic inequalities amongs their own populations.  Ministers must “explain or change” disparities, with 90 million pounds dedicated towards the effort. Citing the UK effort as a model that could be emulated, Mr. Woolley contended that it is in every government’s self-interest to “unlock the potential on their doorstep” in minority populations. Civil society representatives Ali Khan and Jeffrey Klein argued that empowering black and minority populations was key, including by directing funding towards minority-led, grassroots organizations.  Groups do not need to be saved from without, but empowered from within. The panel concluded with speakers calling for solidarity and lasting cooperation in implementing democratic principles, and seeking recognition, representation, and access to equal opportunities for diverse communities. For more information on the Transatlantic Minority Political Leadership Conference, download the full report. 

  • Helsinki Commission to Hold Briefing on Race, Rights, and Politics in Europe

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: RACE, RIGHTS, AND POLITICS: BLACK AND MINORITY POPULATIONS IN EUROPE Wednesday, September 12, 2018 10:00 a.m. to 11:30 a.m. Rayburn House Office Building Room 2220 Live Webcast: www.facebook.com/HelsinkiCommission Today, Europe is grappling with the complex intersection of national identity, immigration, and security concerns, as well as a rise in xenophobic violence. As a result, European states are facing increased scrutiny of their efforts to integrate minorities and migrants, with some questioning the commitment of European governments to democratic principles and human rights.   At the briefing, European political leaders will discuss the state of their democracies and recent efforts to address inclusion of Europe’s diverse populations, including findings from the European Parliament’s May 2018 People of African Descent Week and United Kingdom’s March 2018 Race Disparity Audit Report. The following speakers are scheduled to participate: MP Olivio Kocsis-Cake (Hungary)  MP Clive Lewis (United Kingdom)  MP Killion Munyama (Poland)  MP Aminata Toure (Schleswig-Holstein, Germany)  Nero Ughwujabo, Special Adviser to Prime Minister Theresa May, Social Justice, Young People & Opportunities (United Kingdom)  Alfiaz Vaiya, Coordinator, European Parliament Anti-Racism and Diversity Intergroup (ARDI)  Simon Woolley, Director, Operation Black Vote; Chair, Prime Minister’s Race Disparity Advisory Group (United Kingdom)

  • U.S. Holds Historic Ministerial to Advance Religious Freedom

    By Nathaniel Hurd, Senior Policy Advisor From July 24-26, 2018, U.S. Secretary of State Mike Pompeo hosted the first Ministerial to Advance Religious Freedom in Washington, D.C. U.S. Ambassador-at-Large for International Religious Freedom and former Helsinki Commission Chairman Sam Brownback coordinated the event, which brought together governments, religious leaders, non-governmental organizations, and the private sector to “to discuss challenges, identify concrete ways to combat religious persecution and discrimination, and ensure greater respect for religious freedom for all.” The United States invited 81 governmental delegations from “countries that have a demonstrated record for advancing religious freedom and are committed to promoting Article 18 of the Universal Declaration of Human Rights, or that recently have taken meaningful steps to begin to do so.” Participating countries included four from North America; seven from South America; nine from Africa; 36 from Europe; nine from the Middle East; 14 from Asia; one from Oceana; and Australia. Foreign ministers led 13 delegations. Forty of the countries represented are participating States of the Organization for Security and Cooperation in Europe. The OSCE, European Union, and United Nations also took part, along with more than 400 leaders from religious groups and non-governmental organizations. Uzbekistan was the only governmental participant that had been designated by the United States as a Country of Particular Concern because of particularly severe religious freedom violations like torture, prolonged detention without charges, or clandestine detention. In remarks on the final day of the ministerial, Secretary Pompeo stated, “We applaud the steps that Uzbekistan is taking towards a more free society. We have great confidence that a degree of religious freedom greater than before will have a positive ripple effect on their country, their society, and the region as well.” Ministerial Activities During the event, survivors of religious persecution or their representatives—including Jacqueline Brunson Furnari, daughter of imprisoned American pastor Andrew Brunson—spoke to the full assembly. Furnari testified at a November 2017 Helsinki Commission hearing, “Prisoners of the Purge: The Victims of Turkey's Failing Rule of Law,” where she pleaded for her father’s release. When Ambassador Brownback reported that Turkish authorities had transferred Pastor Brunson—who had been jailed since October 2016 on false charges of terrorism, espionage, and attempting to overthrow the state—from prison to house arrest, attendees applauded. Other speakers included representatives from Burma, China, North Korea, Vietnam, Pakistan, Iran, Iraq, Nicaragua, and Sudan.    Plenary sessions focused on religious persecution around the world and opportunities to work together to advance religious freedom. The ministerial also featured panel discussions on private sector engagement, religious freedom grant opportunities at the State Department, effective advocacy on behalf of religious minorities, preventing genocide and mass atrocities, the relationship between religious freedom and economic prosperity; religious freedom in the context of countering violent extremism; legal limitations on religious freedom; religious freedom and women’s rights; the needs of displaced minorities during humanitarian emergencies; and cultural heritage. During the ministerial, the United States also presented “Statements of Concern” to the delegations regarding repression in Burma, China, and Iran; “Counterterrorism as a False Pretext for Religious Freedom Repression;” and “Religious Freedom Repression by Non-State Actors, including Terrorist Groups.” Twenty-four participating governments joined the United States as signatories on at least one statement of concern. The governments of Armenia, Brazil, Canada, Denmark, Estonia, Georgia, Israel, Kosovo, Oman, Poland, Sri Lanka, and United Kingdom signed all three thematic statements of concern. The governments of Canada and Kosovo signed all three country-specific statements of concern. Speaking at the event, former U.S. Congressman Frank Wolf, author of the landmark International Religious Freedom Act of 1998, said, “Religious freedom is deeply imbedded in our own legal tradition reaching all the way back to the Magna Carta, but is also understood as a necessity for human dignity by the international community ... I stand before you today with a grave and growing sense of urgency regarding the erosion of religious freedom around the globe. All over this world, people are denied the fundamental and inalienable human right to confess and express their beliefs according to the dictates of their conscience.” Senior U.S. government officials who addressed non-governmental representatives over the ministerial included Vice President Mike Pence; Secretary of State Mike Pompeo; Deputy Secretary of State John Sullivan; Ambassador-at-Large for International Religious Freedom Sam Brownback; Director of the Office of Management and Budget Mick Mulvaney; Administrator of the U.S. Agency for International Development Mark Green; Assistant Secretary for Educational and Cultural Affairs Marie Royce; Assistant Secretary, Bureau of Public Affairs Michelle Giuda; Senior Policy Advisor to the Secretary of State and Director of the Secretary’s Policy Planning Staff Brian Hook; Senior Advisor in the Office of the Under Secretary for Civilian Security, Democracy and Human Rights Pam Pryor; and Special Advisor for Religious Minorities in the Near East and South/Central Asia Knox Thames. There were more than 15 side events during the ministerial, organized by members of Congress, the U.S. Commission on International Religious Freedom, and the Religious Freedom Roundtable and its members. Topics included Christians in the Middle East, parliamentarian engagement on religious freedom, Southeast Asia, India, politicization of religious freedom and human rights, Baha’is in Iran and Yemen, China, securing U.S. government grants, Russia, parental rights, technology, security and religious freedom, violent conflict, and fragile states. Follow-Up Actions During the ministerial, Secretary Pompeo unveiled the Boldline Religious Freedom plan, the State Department’s “partnership accelerator aimed to support and scale innovative public-private partnerships…to promote and defend religious freedom around the world.” In October 2018, the first Boldline workshop will convene civil society organizations, public institutions, corporations, innovation companies, entrepreneurship support organizations, and financial institutions. On the final day of the ministerial, Vice President Mike Pence announced two new initiatives. The International Religious Freedom Fund is designed to help governments and entities that already promote freedom of religion and belief extend financial support to initiatives that address the barriers to freedom of religion or belief, or provide assistance to those facing discrimination on the basis of religion or belief. The Genocide Recovery and Persecution Response Program will facilitate partnerships with local faith and community leaders to rapidly deliver aid to persecuted communities, beginning with Iraq. Following the ministerial, the United States also issued the Potomac Declaration, which reaffirmed the U.S commitment to freedom of religion or belief, and proposed the Potomac Plan of Action to defend the freedom of religion or belief, confront legal limitations, advocate for equal rights and protections for all (including members of religious minorities), respond to genocide and other mass atrocities, and preserve cultural heritage.

  • Chairman Wicker Welcomes Progress toward Religious Freedom in Uzbekistan

    WASHINGTON—Following his meeting with a high-level delegation from the Government of Uzbekistan participating in this week’s first Ministerial to Advance Religious Freedom, Helsinki Commission Chairman Sen. Roger Wicker (MS) issued the following statement: “I commend Secretary Pompeo for highlighting the progress made by Uzbekistan at the Ministerial to Advance Religious Freedom this week. If Uzbekistan fully follows through with essential reforms, it can be a model for other countries that have been the worst violators of religious freedom. My discussion with Foreign Minister Kamilov, Senator Safoyev, and MP Saidov highlighted how the United States can work with Uzbekistan to strengthen religious freedom, democracy, our militaries, agriculture, and ultimately security.” The Uzbek delegation to the ministerial included Abdulaziz Kamilov, Minister of Foreign Affairs; Sodyq Safoyev, First Deputy Chairman of the Senate; and Akmal Saidov, Member of Parliament and Head of the National Human Rights Center. The Secretary of State designated Uzbekistan as a “Country of Particular Concern” for particularly severe violations of religious freedom in 2006, 2009, 2011, 2014, 2016, and January 2018, as required by the International Religious Freedom Act of 1998. On June 1, following the release of the 2017 International Religious Freedom Report, Chairman Wicker recognized the efforts made by Uzbek President Shavkat Mirziyoyev and his government to bring Uzbekistan into compliance with its international commitments to respect religious freedom. Based on that progress, Chairman Wicker encouraged Secretary Pompeo to consider inviting Uzbekistan to participate in the Ministerial to Advance Religious Freedom. On June 11, Chairman Wicker introduced a bipartisan resolution (S.Res.539) urging President Trump to take action against some of the worst violators of religious freedom in Europe and Central Asia. S.Res.539 emphasizes the positive steps that Uzbekistan has taken and calls for President Trump to develop a strategy to advance religious freedom in Eurasia that prioritizes supporting ongoing reforms in Uzbekistan. In July, the Parliamentary Assembly of the Organization for Security and Cooperation in Europe passed as part of its “Berlin Declaration” an amendment by Chairman Wicker recognizing the Government of Uzbekistan’s ongoing reforms.  

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

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

  • Transatlantic Relations in Flux

    Following recent changes to the U.S. approach to economic and security policies in Europe, and a series of internal European developments—such as the recent influx of migrants and refugees, challenges to the rule of law, and Brexit—the transatlantic relationship is evolving rapidly. At the briefing, Members of the European Parliament (MEPs) discussed current obstacles in the transatlantic relationship and identified opportunities to strengthen the relationship moving forward.    MEP Claude Moraes of the United Kingdom kicked off the conversation by remarking on the importance of the European Union’s relationship with the United States. Moraes outlined concerns shared by the EU and the United States, ranging from commercial and security data transfers to counterterrorism and cybersecurity. “It’s about ensuring that we protect our democracies, our elections from interference, as we’ve seen from Russia,” Moraes said. Moraes also discussed the importance of security cooperation and BREXIT’s impact on the transatlantic relationship. “The EU is a good thing,” he said, noting that the EU magnifies the U.K.’s global ability to work with other countries on security and counterterrorism issues. For example, following BREXIT the U.K. is likely to lose some of its access to Europol, an EU-wide law enforcement agency that coordinates the sharing of intelligence, data, and other resources between EU Member States. Noting that the original goals of the 1975 Helsinki Final Act were to promote and defend democracy, MEP Michał Boni of Poland highlighted obstacles on both sides of the Atlantic to an ideal transatlantic relationship. On the U.S. side, he cited trade wars, waning diplomacy, and political uncertainty and instability. On the EU side, he lamented the rise of “illiberalism” across the continent, including challenges to democratic principles in Poland, Hungary, Romania, the Czech Republic, and Italy.   If the transatlantic relationship is to advance into the future, “we need now to start and to fight for the democracy, freedoms, and rule of law on both sides of Atlantic,” Boni said. French MEP Nathalie Griesbeck observed that the United States is the EU’s most important partner in the fight against terrorism and praised the skills of the U.S. intelligence community, noting that transatlantic intelligence-sharing efforts had prevented terror attacks across Europe.  “The European Union and the United States should use all available channels of communication in order to strengthen the transatlantic relationship [and] use the full potential of that cooperation to preserve the democratic, liberal, and multilateral order to promote stability and continuity on the continents […] even if the winds are sometimes bad,” she said. Panelists also addressed the question of whether migration to Europe could be capitalized upon to address the EU’s shrinking workforce and the need to preserve Europe’s economic future. They agreed that with efforts to attract highly skilled workers falling short, Europe must juggle political pushback against increased migration with the reality of an aging population. The MEPs also discussed the recent EU-Japan trade agreement, the EU’s Eastern Partnership, Turkey, the Western Balkans, and EU enlargement.

  • Members of European Parliament to Assess Transatlantic Relations at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: TRANSATLANTIC RELATIONS IN FLUX Wednesday, July 18, 2018 10:00 a.m. Hart Senate Office Building Room 216 Live Webcast: www.facebook.com/HelsinkiCommission Following President Trump’s recent trip to Europe, leading European policymakers will address the state of transatlantic relations. Members of the European Parliament will discuss the potential impact of changing U.S. economic and security policies in the region, the future of the EU following Brexit, and the toll that increased migration has taken on European political cohesion. Opening remarks will be provided by Helsinki Commission Chairman Sen. Roger Wicker (MS). The following Members of the European Parliament are scheduled to participate: MEP Nathalie Griesbeck (France), Chair, European Parliament Special Committee on Terrorism; Alliance of Liberals and Democrats MEP Claude Moraes (UK), Chair, European Parliament Committee on Civil Liberties, Justice, and Home Affairs; Progressive Alliance of Socialists and Democrats MEP Michal Boni (Poland), European People's Party Additional speakers may be added.  

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