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statement
INTRODUCTION OF THE TRANSNATIONAL REPRESSION ACCOUNTABILITY AND PREVENTION ACT OF 2019 (TRAP ACT)
Monday, September 16, 2019Mr. HASTINGS. Madam Speaker, as Chairman of the U.S. Helsinki Commission—a congressional watchdog for human rights and democracy in Europe and Eurasia—I am frequently reminded of the new opportunities that technology and globalization present for human rights defenders around the globe. For those struggling to defend their liberty and human dignity, our interconnected world brings with it the possibility of sharing information, coordinating action, and demonstrating solidarity across thousands of miles in fractions of a second. It means that truth is more capable of piercing the veil of enforced ignorance erected by the world’s most repressive states Technology also further empowers dissidents in exile to connect with, and influence the foot soldiers of freedom who march on in their homelands. But with these new openings for liberty come novel approaches to repression. Authoritarian and autocratic regimes are appropriating agile, 21st century technology to prop up sclerotic systems of brutality and corruption. Technological developments have provoked greater feelings of insecurity in these brittle regimes and propelled them to extend their repression far beyond their borders, sometimes reaching into the refuge of democratic societies where political opponents, independent journalists, and civil society activists operate in safety. Madam Speaker, I recently introduced bipartisan legislation to tackle these emerging challenges with my friend and Helsinki Commission Ranking Member, Representative JOE WILSON of South Carolina We are confident that this legislation, supported by the bicameral leadership of the Helsinki Commission and other leaders on human rights, will place the United States on course to lead the free world in holding the line against these modern manifestations of political persecution, or what some have called ‘‘transnational repression.’’ The Transnational Repression Accountability and Prevention Act—or TRAP Act—is designed to counter one key instrument in the autocrat’s 21st century toolkit politically-motivated abuse of the International Criminal Police Organization, more commonly known as INTERPOL. INTERPOL is a legitimate and potent tool for international law enforcement cooperation—one that the United States relies on heavily to bring criminals to justice and thwart threats to security around the globe. Sadly, autocrats have recognized the potential for repression in INTERPOL’s worldwide communications system that ties into the law enforcement agencies of its 194 member countries. The Helsinki Commission regularly receives credible reports from human rights defenders, journalists, political activists, and businesspeople who have fallen victim to the efforts of corrupt regimes to ensnare them using INTERPOL’s system of international requests for arrest and extradition, known as Red Notices and Diffusions. These are the modern-day ‘‘traps’’ addressed by the TRAP Act. Because of these notices, innocent individuals live in fear of traveling mternationally and have been detained, had their bank accounts closed, and, sometimes, been returned into the hands of the very regimes from which they escaped. Madam Speaker, our legislation opens three new fronts agamst the threat of INTERPOL abuse. First, it clearly states that it is the policy of the United States to use our influence in INTERPOL to advance specific reforms that increase transparency and accountability for those that abuse the system while helping the organization to live up to its stated obligations to uphold international human rights standards and resist politicization It further establishes that the United States will use its diplomatic clout to confront countries that abuse INTERPOL and work to ensure the freedom of movement and ability to engage in lawful commerce of victims of this abuse the world over. Second, the TRAP Act exerts oversight over the United States’ internal mechanisms to identify, challenge, and respond to instances of INTERPOL abuse. The bill requires the Departments of Justice, Homeland Security, and State—in coordination with other relevant agencies—to submit to Congress an assessment of the scope and seriousness of autocratic abuse of INTERPOL, an evaluation of the adequacy of the processes in place domestically and at INTERPOL to resist this abuse, and a plan for improving interagency coordination to confront this phenomenon. Third, and perhaps most importantly, the TRAP Act places strict limitations on how the United States Government can use INTERPOL notices in legal or administrative proceedings that could interfere with the freedom or immigration status of individuals in our country. We have been deeply concerned by reports that some authorities in this country have improperly cited INTERPOL notices from autocratic countries to detain individuals and place them in danger of being returned to the very countries from which they fled. The TRAP Act will make crystal clear that autocratic regimes cannot use INTERPOL notices to weaponize the U.S. judicial system against their political targets. Madam Speaker, these measures are critical to restricting the freedom that some autocratic regimes have enjoyed to harass, persecute, and detain their political opponents around the world. Authoritarian and autocratic states like China, Russia, Kazakhstan, Tajikistan, Turkey, Azerbaijan, and Venezuela must be called out by name and held to account for their repeated manipulation of legitimate law enforcement tools for petty political ends. Madam Speaker, I would also like to place the TRAP Act in the context of the other work that the U.S. Helsinki Commission has done to address the grave threat of transnational repression and malign influence by authoritarian regimes. The Countering Russian and Other Overseas Kleptocracy—or ‘‘CROOK’’ Act, the Kleptocrat Exposure Act, and the Rodchenkov Anti-Doping Act have all been the result of a focus by Commissioners and Commission staff on developing a bipartisan congressional response to the existential threat of global authoritarianism. We can no longer sit idly by, content that those who wish to do us harm are on the other side of the world. In this new age of autocracy, the threat is here—now—and it comes in the form of abusive Red Notices, dirty money, and bought-and-paid-for lawfare tactics The purpose of these tactics is to silence journalists and activists, hollow out the rule of law, and ensure that no one ever dare pursue this new class of transnational kleptocrats whose sole goal is the wholesale looting of the countries they claim to serve and the seamless transfer of those ill-gotten gains to our shores and those of our allies.
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article
2019 Human Dimension Implementation Meeting
Friday, September 13, 2019From September 16 to September 27, OSCE participating States will meet in Warsaw, Poland, for the 2019 Human Dimension Implementation Meeting (HDIM), organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR). As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress. During the 2019 meeting, three specifically selected topics will each be the focus of a full-day discussion: “safety of journalists,” “hate crimes,” and “Roma and Sinti.” These special topics are chosen to highlight key areas for improvement in the OSCE region and promote discussion of pressing issues. Human Dimension Implementation Meeting 2019 Since the HDIM was established in 1998, the OSCE participating States have a standing agreement to hold an annual two-week meeting to review the participating States’ compliance with the human dimension commitments they have previously adopted by consensus. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as refugee migration and human trafficking), and concerns relating to tolerance and nondiscrimination (such as countering anti-Semitism and racism). Each year, the HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma and Sinti. Unique about the HDIM is the inclusion and strong participation of non-governmental organizations. The United States has been a stout advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE structures allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. Members of the U.S. delegation to the 2019 HDIM include: Ambassador James S. Gilmore, U.S. Permanent Representative to the OSCE and Head of Delegation Christopher Robinson, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs Roger D. Carstens, Deputy Assistant Secretary, Bureau of Democracy, Human Rights, and Labor Elan S. Carr, Special Envoy to Monitor and Combat Anti-Semitism Alex T. Johnson, Chief of Staff, U.S. Helsinki Commission
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press release
Helsinki Commission Leaders Introduce Transnational Repression Accountability and Prevention (TRAP) Act
Thursday, September 12, 2019WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Ranking Member Rep. Joe Wilson (SC-02) today introduced the Transnational Repression Accountability and Prevention (TRAP) Act (H.R. 4330) in the House of Representatives. Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) introduced the TRAP Act (S. 2483) in the Senate on Tuesday. The legislation addresses politically-motivated abuse of the International Criminal Police Organization (INTERPOL) by autocracies. “Today’s autocrats don’t simply try to silence journalists, activists, and other independent voices at home. They also hunt them down in their places of refuge abroad,” said Chairman Hastings. “Such repressive regimes even manipulate INTERPOL—a legitimate and potent tool for international law enforcement cooperation—to trap their targets using trumped-up requests for detention and extradition. The United States must act to prevent this flagrant abuse and protect those who fight for freedom, human rights, and the rule of law." “Instead of facing consequences for their serial abuse of INTERPOL, autocratic states like Russia and China have instead jockeyed for senior positions in the organization,” said Co-Chairman Wicker. “The United States and other democracies should impose real costs for this global assault on the rule of law. This legislation would ensure that the United States remains at the forefront of defending the vulnerable against the long arm of state repression.” “The Transnational Repression Accountability and Prevention Act continues the tradition of U.S. leadership in combating INTERPOL abuse, holding perpetrators accountable, and advancing necessary reforms within the U.S. Government and INTERPOL to respond to this threat,” said Rep. Wilson. “This legislation makes it clear that the United States stands on the side of freedom for those who defy repression, resist corruption, and defend human rights wherever they seek refuge and a voice.” “Autocratic regimes are increasingly exporting their repression overseas, including to our own country. The United States must respond more forcefully to these attacks against the rule of law and deter the serial abuse of INTERPOL by repressive governments,” said Sen. Cardin. “This legislation is critical to establishing stronger protections for dissidents and other independent voices whom these regimes wish to apprehend in the United States on politically motivated charges.” The Helsinki Commission regularly receives credible reports from political dissidents, human rights defenders, and members of the business community who are the subject of politically-motivated INTERPOL Notices and Diffusions requested by autocratic regimes. These mechanisms, which function effectively as extradition requests, can be based on trumped-up criminal charges and used to detain, harass, or otherwise persecute individuals for their activism or refusal to acquiesce to corrupt schemes. Following reports that U.S. immigration authorities have cited such politically-motivated INTERPOL requests to detain some individuals and consider removing them from the United States, the TRAP Act formally codifies strict limitations on how INTERPOL requests can be used by U.S. authorities. The TRAP Act further declares that it is the policy of the United States to pursue specific reforms within INTERPOL and use its diplomatic clout internationally to protect the rights of victims and denounce abusers. The bill requires the Departments of Justice, Homeland Security, and State, in consultation with other relevant agencies, to provide Congress with an assessment of autocratic abuse of INTERPOL, what the United States is doing to counteract it, and how to adapt United States policy to this evolving autocratic practice. The State Department would also be required to publicly report on the abuse of INTERPOL in its annual Country Reports on Human Rights to create a transparent, public record of these violations of the rule of law. Russia is among the world’s most prolific abusers of INTERPOL’s Notice and Diffusion mechanisms. Other participating States of the Organization for Security and Cooperation in Europe (OSCE)—principally Azerbaijan, Kazakhstan, Tajikistan, and Turkey—and other authoritarian states, such as China, also reportedly target political opponents with INTERPOL requests that violate key provisions of INTERPOL’s Constitution, which obligate the organization to uphold international human rights standards and strictly avoid involvement in politically-motivated charges. Original co-sponsors of the legislation include Helsinki Commission members Sen. Marco Rubio (FL), Sen. Cory Gardner (CO), Sen. Sheldon Whitehouse (RI), Rep. Steve Cohen (TN-09), Rep. Brian Fitzpatrick (PA-01), Rep. Richard Hudson (NC-08), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. John Curtis (UT-03), Rep. Sheila Jackson Lee (TX-18), and Rep. Tom Malinowski (NJ-07) are also original co-sponsors.
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press release
Helsinki Commission Hearing to Probe Autocratic Abuse of Interpol
Wednesday, September 04, 2019WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: TOOLS OF TRANSNATIONAL REPRESSION How Autocrats Punish Dissent Overseas Thursday, September 12, 2019 10:00 a.m. – 12:00 p.m. Cannon House Office Building Room 210 Live Webcast: www.youtube.com/HelsinkiCommission As modern technology has allowed political dissidents and human rights defenders to operate from almost anywhere on the planet, repressive regimes have searched for opportunities to reach those who threaten their rule from afar. To silence dissent from abroad, autocrats often turn to the International Criminal Police Organization, known as INTERPOL, to file bogus criminal claims seeking the arrest and extradition of their political targets. This abuse of INTERPOL Red Notices and Diffusions enables autocratic governments to harass and intimidate their opponents thousands of miles away, even within free and democratic societies. The U.S. Helsinki Commission will convene an expert panel to highlight how autocrats today use INTERPOL and other means such as surveillance, abduction, and assassination to punish dissent overseas. Witnesses will suggest how the United States and other democratic nations can defend against these threats to the rule of law domestically and internationally. The following witnesses are scheduled to participate: Alexander Cooley, Director, Columbia University's Harriman Institute for the Study of Russia, Eurasia and Eastern Europe; Claire Tow Professor of Political Science, Barnard College Sandra A. Grossman, Partner, Grossman Young & Hammond, Immigration Law, LLC Bruno Min, Senior Legal and Policy Advisor, Fair Trials Nate Schenkkan, Director for Special Research, Freedom House Additional witnesses may be added.
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press release
House Majority Leader, Helsinki Commissioners Decry Efforts to Shutter Community Center in Hungary
Monday, August 19, 2019WASHINGTON—Following renewed efforts by authorities in Hungary to shutter the Aurora Community Center in Budapest, House Majority Leader Rep. Steny H. Hoyer (MD-05), Helsinki Commission Ranking Member Sen. Ben Cardin (MD), and Helsinki Commissioner Rep. Gwen Moore (WI-04) issued the following statements: “During my visit to Budapest earlier this summer, I saw firsthand the important resources Aurora provides to the community,” said Majority Leader Hoyer. “The latest attempt by Hungarian authorities to shut down Aurora speaks volumes about the country’s shrinking space for civil society. On the thinnest of pretexts, the rule of law in Hungary is being hijacked to serve one party's political interests.” “Aurora nurtures a vibrant community of civil society groups and has become a symbol of independent organizations in Hungary,” said Sen. Cardin, who also serves as the OSCE Parliamentary Assembly (PA) Special Representative on Anti-Semitism, Racism, and Intolerance. “Unfortunately, such activism is viewed as a threat by those in power, who—through constant legal harassment—are attempting to permanently close Aurora’s doors. Aurora and organizations like it should be protected, not targeted.” “In a time when those who spew hate and divisiveness seem to be ascendant, initiatives like Aurora that build inclusive societies and strengthen democracy are needed more than ever,” said Rep. Moore. “I was honored to visit the center and meet with its president, Adam Schonberger, with my colleagues earlier this year.” Majority Leader Hoyer, Sen. Cardin, and Rep. Moore visited the Aurora Community Center in Budapest in July, en route to the 2019 OSCE PA Annual Session in Luxembourg. Marom, a Hungarian Jewish association, established and runs Aurora Community Center, an umbrella organization that provides office space to other small civil society groups in Budapest, including the Roma Press Center, migrant aid, and Pride Parade organizers. Over the past two years, Hungarian authorities repeatedly have accused Marom of administrative violations ranging from mismatched dates on official documents to, most recently, lacking an appropriate agreement with the center’s landlord. Under the Orbán government, the conditions for independent nongovernmental organizations (NGOs) in Hungary have deteriorated. In 2014, armed police carried out raids on 13 civil society organizations, seizing computers and documents for alleged financial misconduct. No charges were ever brought against the NGOs. In 2017, Hungary adopted a Russian-style "foreign agent" law which, according to the U.S. Department of State, “unfairly burdens a targeted group of Hungarian civil society organizations, many of which focus on fighting corruption and protecting human rights and civil liberties.” In 2018, Hungary passed a law establishing a 25 percent tax on organizations which engage in “propaganda activity that portrays immigration in a positive light.” It is a tax on government-disfavored speech. Hungary also adopted amendments to its "law on aiding illegal migration" that makes handing out know-your-rights leaflets punishable by up to one year in prison. Hungary will hold municipal elections on October 13.
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press release
Hastings and Wicker Condemn Police Crackdown on Russian Pro-Democracy Protesters and Opposition Leader Alexei Navalny
Tuesday, July 30, 2019WASHINGTON—Following violent police crackdowns on protesters during a weekend of pro-democratic demonstrations in Moscow, as well as the arrest of Russian opposition leader Alexei Navalny days before the protest and his subsequent hospitalization, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “We condemn the extraordinary use of force by riot police against peaceful protesters in Moscow seeking a free and fair electoral process. Ahead of the upcoming September 8 municipal elections, we hope that the citizens of Russia will be able to exercise their rights to participate freely in the democratic process, including voicing their opinion about the transparency of the system of voting and nomination of candidates. “We also are concerned about the health of opposition leader Alexei Navalny, who was arrested on Wednesday, July 24, and subsequently hospitalized following an unknown ‘allergic reaction.’ We will be monitoring the situation closely.” Last weekend, thousands of Russian people took to the streets of Moscow to protest the exclusion of several opposition candidates from the ballot for upcoming City Duma municipal elections on September 8. On July 24, Russian opposition leader Alexei Navalny was arrested, reportedly for his plans to lead the protests. On Sunday, July 28, Navalny’s spokeswoman Kira Yarmysh announced that Navalny suddenly had been hospitalized while in government custody.
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press release
Representatives Keating and Fitzpatrick Introduce Countering Russian and Other Overseas Kleptocracy (CROOK) Act
Thursday, July 18, 2019WASHINGTON—Rep. Bill Keating (MA-10) and Helsinki Commissioner Rep. Brian Fitzpatrick (PA-01) today introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act. The CROOK Act will establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries as well as streamline the U.S. Government’s work building the rule of law abroad. “Russia and other authoritarian states have weaponized corruption, and exposing and countering that malign influence needs to be a priority. For too long, Russian President Vladimir Putin and other Russian politicians and oligarchs have acted with impunity, manipulating U.S. and European financial systems to move and disguise their ill-gotten gains. Their illicit funds are being used to control key economic sectors, fund political parties and organizations that advance Russian interests, and manipulate political processes and policies. The CROOK Act will help prevent Russian and other forms of kleptocracy from eroding democracy, security, and rule of law,” said Rep. Keating. “To counter the weaponization of corruption, the United States must double down on its work to promote the rule of law abroad. However, opportunities for the establishment of the rule of law are rare and success requires that the United States act quickly when reformers come to power and seek to root out corruption. The United States also must take a whole-of-government approach to ensuring that resources are being used effectively and that different U.S. Government agencies are not acting at cross-purposes,” said Rep. Fitzpatrick. The anti-corruption action fund established in the legislation will be funded by 5 percent of fines and penalties imposed pursuant to actions brought under the Foreign Corrupt Practices Act (FCPA). This way, a portion of the monies obtained under the enforcement of the FCPA will be recycled back into further international anti-corruption work. The legislation also establishes several complementary mechanisms to generate a whole-of-government approach to U.S. efforts to strengthen the rule of law abroad. These include an interagency taskforce, the designation of embassy anti-corruption points of contact, and a consolidated online platform for easy access to anti-corruption reports and materials. The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, endeavors to counter corruption and malign influence in all its forms. Helsinki Commissioners have sponsored and cosponsored other anti-corruption legislation such as the Kleptocrat Exposure Act (H.R. 3441) and the Rodchenkov Anti-Doping Act (H.R. 835). All House Helsinki Commissioners are original cosponsors of the bill. This includes Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20), Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02), and Helsinki Commissioners Rep. Steve Cohen (TN-09), Rep. Robert Aderholt (AL-04), Rep. Sheila Jackson Lee (TX-18), Rep. Richard Hudson (NC-08), and Rep. Gwen Moore (WI-04). Rep. John Curtis (UT-03), Rep. Tom Suozzi (NY-03), and Rep. Tom Malinowski (NJ-07) are also original cosponsors of the legislation.
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press release
OSCE Representative on Freedom of the Media Harlem Desir to Appear at Helsinki Commission Hearing
Wednesday, July 17, 2019WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: STATE OF MEDIA FREEDOM IN THE OSCE REGION Thursday, July 25, 2019 3:00 p.m. to 5:00 p.m. Capitol Visitor Center Room HVC-210 Live Webcast: www.youtube.com/HelsinkiCommission Journalists working in the 57 participating States of the Organization for Security and Cooperation (OSCE) are facing increased risks to their lives and safety. According to a new report released the Office of the Representative for Freedom of the Media, in the first six months of 2019, two journalists have been killed and an additional 92 attacks and threats—including one bombing, three shootings, and seven arson attacks—have targeted members of the media. In his first appearance before Congress, OSCE Representative for Freedom of the Media Harlem Desir will assess the fragile state of media freedom within the OSCE region. Mr. Desir also will address the number of imprisoned media professionals as well as the violence, threats, and intimidation directed toward female journalists. The hearing will explore the threat posed by disinformation and online content designed to provoke violence and hate. Following the hearing, at 5:00 p.m. in Room HVC-200, the Helsinki Commission will host a viewing of the documentary, “A Dark Place,” which details the online harassment of female journalists working in the OSCE region.
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article
Minority Faiths Under the Hungarian Religion Law
Tuesday, July 16, 2019By Erika Schlager, Counsel for International Law This is a July 16, 2019, update to the article “Minority Faiths Under The Hungarian Religion Law," originally posted on July 8, 2017 (reprinted below). In 2011, Hungary adopted a new church law that entered into effect in 2012. The law stripped hundreds of faiths of their legal status overnight, deprived them of state resources to which they had previously been entitled, and resulted in other limitations. In December 2018, Hungary amended its religion law (effective as of April 15, 2019). The purpose of the amendment was to implement judgments of Hungary’s Constitutional Court as well as the European Court on Human Rights which held that Hungary’s religion law discriminated against faiths and churches. However, the amended law includes elements that, in practice, will continue discriminatory elements of the 2011 law for several more years and, in some respects, exacerbate the situation for minority faiths. The existing (2011) legal framework already distinguished among churches for the purposes of allocating government resources and benefits. The 2018 amendment added additional tiers to the categories, resulting in a more complex system. The four new tiers or categories are: religious association (with the right to be called a “church”), listed church, registered church and recognized church. Only the most “privileged” tier (recognized church) has the rights previously enjoyed by religious organizations recognized as churches before the passage of the 2011 law. Faiths which enjoyed legal recognition before the 2011 law but were stripped of that recognition under the 2018 law continue to be forced to accept the status of religious association and excluded from all the “privileges” granted to the higher categories. In other words, the 2018 amendment simply carries over the framework of the 2011 law. Additionally, the Hungarian Parliament – a body of elected officials – still decides which religious organizations are in the privileged tier (recognized church), making this an inherently political distinction. The amendment does make two improvements. First, it allows all religious organizations that secure state recognition to determine their own internal organizational structure. (Under the law passed in 2011, this was not the case.) Second, it permits people to donate 1% of their income tax to any religious organization that secures one of the four approved statuses. However, the amendment does not automatically enable organizations previously excluded from this support to receive it. On net, the December 2018 amendment fails to implement fully the court’s rulings or end the discrimination of the 2011 law, leaving some religious groups in limbo. The amendment did not provide a remedy for churches that were stripped of their status under the 2011 law, and faiths categorized in what is now the lowest tier (“religious association”) cannot be upgraded to the status of listed or registered churches without renouncing all future state, European Union, and foreign support or collecting the 1% income tax donation but remaining excluded from the benefits of "recognized" status during a prolonged transitional period. Minority Faiths Under The Hungarian Religion Law June 8, 2017 On April 25, 2017, the European Court on Human Rights announced a judgment in the case of the Hungarian Evangelical Fellowship v. Hungary. This decision followed a 2014 finding by the Court that Hungary's 2011 law on religion violated the rights to freedom of association and freedom of religion. In light of the failure of Hungary to end continuing violations, the April judgment awarded the Evangelical Fellowship €3 million in damages. Religious Discrimination after the 2011 Law The case has its origins in changes made to Hungary’s religion law, which establishes a framework for the registration, or official recognition, of churches. The law was rushed through parliament in June 2011 in a midnight parliamentary session as part of a massive three-year wave of 700 new laws, a new constitution, and five amendments to the Constitution passed between 2010 and 2013. The “church law,” as it is known, came into force in 2012 and stripped legal recognition from over 300 previously recognized faiths; only 14 faiths retained their status under the new law. The law gives the exclusive authority to the elected politicians in the Hungarian parliament to determine what constitutes a church, based on a parliamentary review of a religious community’s faith and rites; bylaws and internal rules; and elected or appointed administrative and representative bodies. The parliament then makes its decision according to a two-thirds vote. Churches recognized by the parliament are granted a range of financial benefits and other privileges, including the ability to minister to co-religionists in public institutions such as schools, prisons and the military; unregistered faiths are denied these benefits. Religions that lose their state recognition may have their assets confiscated by the state. Hungarian Ombudsman Mate Szabo criticized the law when it was adopted and the Constitutional Court has twice struck down parts of the new religion law. Parliament changed the law to allow unrecognized groups to identify as “churches” (translation: “you can call yourself whatever you want”), but refused to alter the discriminatory framework that excludes unregistered faiths from the benefit of official status (translation: “you’ll still have second-class status”). In other words, there was no meaningful legislative change to address the law’s shortcomings. The Hungarian Evangelical Fellowship, joined by several smaller groups, including Mennonites, two small reformed Jewish congregations, and a Buddhist congregation, brought the case that was decided by the European Court in 2014. The European Court held that the “church law” is “inconsistent with the State’s duty of neutrality in religious matters that religious groups had to apply to Parliament to obtain re-registration as churches and that they were treated differently from incorporated churches with regard to material benefits without any objective grounds.” Damages were awarded to the other religious communities in 2016, but the Hungarian Evangelical Fellowship continued to seek damages in light of continuing violations. In its April 2017 decision, the court awarded €3 million to the Hungarian Evangelical Fellowship. The damages for discriminatory treatment included the loss of personal income tax donations and the corresponding supplementary State subsidy; the loss of State subsidies intended to support the applicant’s social and educational institutions; the loss of subsidies for religious teaching; and the loss of salary supplements paid to the staff employed by church institutions providing public-interest services. Unfortunately, the Court does not have the authority to compel Hungary to change its religion law and it is up to the Hungarian parliament to take the measures to comply with the ruling. (The Court may award damages again – and again – in the case of continuing violations.) De-registered churches may be able to get a judgment for damages in Strasbourg, but only Budapest can provide a legal remedy. The government may be trying to squeeze the Hungarian Evangelical Fellowship out of existence by depriving them of the benefits extended to other faiths and forcing them to devote resources to constantly litigate and re-litigate the same violations. Smaller churches de-registered after 2011 have already largely been shuttered. About the Hungarian Evangelical Fellowship The Hungarian Evangelical Fellowship broke from the Hungarian Methodist Church in the mid-1970s over the issue of collaboration with the communist regime. As a faith that would not bend to the communist regime, the Hungarian Evangelical Fellowship was subsequently forced underground and persecuted for engaging in charitable work with the poor at a time when the communist regime was loath to admit that poverty was a serious problem. After the fall of the communist regime, in 1991 the Hungarian Evangelical Fellowship was officially recognized until stripped of this status under the 2011 law. The Hungarian Evangelical Fellowship is known for its charitable and humanitarian work, particularly with Romani communities, and runs schools, homeless shelters, and soup kitchens. However, becausethe Hungarian tax authority has refused to issue a tax number to deregistered churches such as the Evangelical Fellowship, it is impossible for them to be designated them as recipients of a 1 percent charitable donation on tax forms. Related Issues In 2017, the Hungarian Government has also proposed a Russian-style “foreign agents” law, which is currently scheduled for a vote by parliament, possibly on June 13. In recognition of criticism that, among the draft law’s many problems, it would stigmatize groups that receive foreign funding – including support from co-religionists in other countries – the current draft was altered to include a carve-out exception for religious organizations and sports. If adopted, the law may spur the adoption of copycat laws in the region that might not have the same carve-outs for religious groups. During a press conference in April, Prime Minister Viktor Orban’s chief of staff Janos Lazar suggested that Hungarian groups that receive foreign funding should be designated with a star. He later apologized.
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hearing
Responding to Hate
Tuesday, July 16, 2019In the past year alone, places of worship in Christchurch, Colombo, Pittsburgh, and Poway were targets of hate-based violence, resulting in the tragic loss of more than 300 lives. Effectively countering hate crimes requires a comprehensive effort bringing together government institutions, criminal justice systems, civil society actors, and international organizations. Religious actors and interfaith institutions play an important role in promoting safe and inclusive societies and reducing violence, hostility, and discrimination. The U.S. Helsinki Commission convened a hearing on Tuesday, July 16, 2019 that examined the role of religious actors in responding to hate domestically in the United States and throughout the OSCE region. The hearing, titled “Responding to Hate: The Role of Religious Actors,” focused on how faith-based institutions can promote safe and inclusive societies and reduce violence, hostility, and discrimination. Helsinki Commissioner Rep. Gwen Moore (WI-04) chaired the hearing and was joined by other commissioners including OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance and Helsinki Commission Ranking Member Sen. Ben Cardin (MD), Rep. Richard Hudson (NC-08), Rep. Sheila Jackson Lee (TX-18), Rep. Brian Fitzpatrick (PA-01), and Rep. Steve Cohen (TN-09). Rep. Moore opened the hearing by stating, “All of us have something to gain from those who look different, pray differently, and may come from a different place. And we must not wait until tragedy strikes, again and again and again, to learn the value of mutual respect. We must seize every opportunity to denounce hate-motivated violence, and in doing so we protect the value of freedom of expression, the hallmark of democracy.” She also paid homage to six Sikh worshippers killed near her district in Oak Creek, Wisconsin seven years ago. In his opening remarks, Sen. Cardin recounted his side event at the 28th Annual Session of the OSCE PA earlier in July, titled, “Countering Hate: Lessons from the Past, Leadership for the Future,” where he called on parliamentarians to act now to prevent a repeat of the past where bigotry and violence resulted in the deaths of millions under Nazi rule. Witnesses at the hearing described how religious actors and interfaith institutions can work together to further human rights and protections for all, domestically and throughout the OSCE region. Witnesses also shared strategies to prevent and respond to hate, ignorance, and violence targeting our societies, including places of worship. Father James Martin shared a video testimony about his response to the Pulse nightclub shooting, which at the time was the largest mass shooting in U.S. history, taking 49 lives. He noted that the LGBT community received an outpouring of love and support the in the aftermath of the tragedy, with the notable exception of the Catholic church. Father Martin said, “Why am I bringing this up? Because when it comes to the role that religious actors and organizations can play in combatting hate crimes, the most effective thing they can do is to get their own houses of worship in order. Racism, sexism, and homophobia still exist in many Christian denominations – my own included.” He ended his testimony by underlining that “the most important thing that religious actors and organizations can do to combat hate crimes is not only to fight the hatred on the outside, but on the inside as well.” Imam Gamal Fouda also testified by video and remarked on New Zealand’s response to the tragic shooting that targeted and killed Muslims at the Al Noor Mosque and Linwood Islamic Centre in Christchurch, where he is the imam. “New Zealand set a good example to the whole world for how to look after your people, how to actually support all your people. And we all stand together against hate, hate speech, and hate crimes,” he said. He said the power of New Zealand was demonstrated in the wake of the Christchurch shooting and called for more education on the strength of diverse and inclusive societies. “We have to stand together looking at the diversity in our communities as something that is strengthening our community,” he said. “It is the secret of the power of our community to see different colors and different languages.” Rabbi Jeffrey Myers, victim, witness, and survivor of the 2018 attack on the Tree of Life Synagogue in Pittsburgh, PA—the worst attack on a synagogue in the history of the United States—stated, “The metaphor of America as a melting pot, is a beautiful image, but sadly, it is not true, [because …we] do not know our neighbors. We live in silos, with no bridges connecting them. Many choose to live in their own private silos, not wanting ‘others’ to enter their silo.” He believes that the key to addressing hate—what he referred to as the “H-word”— is to learn to build bridges. “Some people just don’t know how to build a bridge. This is where religious leaders like me make a difference…I’m a bridge builder. When the Muslim community extended an olive branch to me, I responded by offering an olive tree,” he said. Reverend Aaron Jenkins testified on the power of developing partnerships and relationships across different sectors of society to adequately tackle the issue of hate and hate crimes wherever they occur. He remarked, “Any plan to address hate must engage faith actors within and across their faith traditions in respectful and meaningful ways. We cannot wait until the next hate crime happens.” He stated that partnerships, resources, and relationships were needed to address the problem. Radia Bakkouch spoke about the situation in France and Coexister’s “belief in the concept of ‘faith for good’ and the practice of interfaith cooperation in empowering young people to address violence and exclusion.” She stressed the importance of defending pluralistic societies and highlighted the importance of building coalitions to address the rise in hate-based violence taking place in France and elsewhere in Europe. Usra Ghazi detailed federal hate crimes statistics, highlighting that hate crimes historically and consistently are underreported. This, she said, is partly due to a lack of a standardized reporting processes and “strained relationships between bigotry-impacted communities and law enforcement entities.” Ghazi shared that many members of the Muslim, Arab, and Sikh communities affected by anti-Muslim discrimination, hate, and violence in the United States have opted to keep low profiles rather than report these events. She stressed, “Due to the rise of hate crimes and hate speech against Muslim and Sikh Americans, these communities by necessity have had to organize outreach efforts to humanize themselves while raising cultural and religious literacy among their neighbors and governments.” Ghazi also shared positive examples of how discriminated communities are building their civic health, getting more involved in elections, and running for office at record rates. “We now have Muslim and Sikh mayors of American cities, as well as officials from these faiths in a range of governmental positions. These efforts help to ensure that our cities, counties and states are truly representative of the rich diversity of American communities.” Alina Bricman’s video testimony concluded the hearing. She presented an overview of the first-ever report of Young Jewish Europeans: perceptions and experiences of antisemitism, released July 4, 2019. Findings included that “44 percent of young Jewish Europeans have faced anti-Semitic harassment, that’s almost 1 in 2 Jews; […] and 25 percent identified as too scared to display Jewish-affiliated ornaments or accessories.” To address the problem, Bricman recommended investing in education (such as anti-racist and anti-bias training) that emphasizes the importance and strength of diversity and diverse communities, supporting civil society, and depoliticizing anti-Semitism and racism by having leaders engage responsibly in the public arena where it is not viewed as a left or right issue.
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press release
Helsinki Commission Hearing to Examine Role of Religious Actors in Responding to Hate
Thursday, July 11, 2019WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: RESPONDING TO HATE The Role of Religious Actors Tuesday, July 16, 2019 11:00 a.m. – 1:00 p.m. Rayburn House Office Building Room 2200 Live Webcast: www.youtube.com/HelsinkiCommission In the past year alone, places of worship in Christchurch, Colombo, Pittsburgh, and Poway were targets of hate-based violence, resulting in the tragic loss of more than 300 lives. Effectively countering hate crimes requires a comprehensive effort bringing together government institutions, criminal justice systems, civil society actors, and international organizations. Religious actors and interfaith institutions play an important role in promoting safe and inclusive societies and reducing violence, hostility, and discrimination. Witnesses will describe how religious actors and interfaith institutions can work together to further human rights and protections for all in the OSCE region, and share strategies to prevent and respond to hate crimes and violence targeting our societies in public places, including places of worship and social institutions. The following witnesses are scheduled to participate: Rabbi Hazzan Jeffrey Myers, Rabbi and Cantor, Tree of Life Synagogue, Pittsburgh, PA Father James Martin, Editor at Large, America Media, New York, NY Imam Gamal Fouda, Imam, Al Noor Mosque, Christchurch, New Zealand Radia Bakkouch, President, Coexister, Paris, France Alina Bricman, Elected President, European Union of Jewish Students, Brussels, Belgium Usra Ghazi, Director of Policy and Programs, America Indivisible; Mayor’s Interfaith Council, Washington, DC Reverend Aaron Jenkins, Vice President of Policy and Advocacy, The Expectations Project (TEP), Washington, DC Additional witnesses may be added.
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press release
Co-Chairman Wicker on Release of 2018 Report on International Religious Freedom
Wednesday, June 26, 2019WASHINGTON—Following the release of the 2018 Report on International Religious Freedom by U.S. Secretary of State Mike Pompeo and Ambassador at Large for International Religious Freedom Sam Brownback, a former chairman of the Helsinki Commission, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “This report shows that some of the worst government violators of religious freedom in the world continue to be in Eurasia, including Russia, Tajikistan, and Turkmenistan. I am concerned that these OSCE participating States have not made any progress in implementing their commitments to ensure freedom of religion. “One exception where the situation has improved is Uzbekistan. I hope the final version of the country’s new religion law will demonstrate the commitment of President Mirziyoyev and his government to advancing religious freedom reforms. I would not want a situation in which the new law retains the most problematic elements of current law. That would put Uzbekistan at risk of remaining on the Special Watch List or even once again being designated as a Country of Particular Concern. “The Government of Uzbekistan must also keep its promise to formally work with international experts, including the OSCE Office of Democratic Institutions and Human Rights, to ensure its religion law complies with Uzbekistan’s international commitments.” In October 2018, Co-Chairman Wicker urged the Government of Uzbekistan to formally request that the OSCE Office of Democratic Institutions and Human Rights conduct a legal review of Uzbekistan’s draft religion law. He repeated the call during a December 2018 Helsinki Commission hearing with Ambassador Brownback. Following last year’s International Religious Freedom Report, Secretary of State Pompeo designated OSCE participating States Tajikistan and Turkmenistan as Countries of Particular Concern. Turkmenistan has been designated as a CPC since 2014 and Tajikistan since 2016. Pompeo further designated Uzbekistan and Russia for the Special Watch List, for continuing religious freedom violations. For Uzbekistan, the designation upgrades the country’s ranking in recognition of progress made under the regime of President Mirzoyoyev. Uzbekistan was a CPC from 2006 to 2017. Russia was designated for the Special Watch List for the first time. As OSCE participating States, these countries repeatedly have committed themselves to respecting religious freedom. The annual State Department International Religious Freedom Report details religious freedom in every country. The report includes government policies violating religious belief and practices of individuals and religious groups, and U.S. policies to promote religious freedom around the world. Following the release of the annual report, the Secretary of State has 90 days to submit updated designations for the Countries of Particular Concern and the Special Watch List.
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press release
Chairman Hastings on Release of 2018 Report on International Religious Freedom
Tuesday, June 25, 2019WASHINGTON—Following the release of the 2018 Report on International Religious Freedom by U.S. Secretary of State Mike Pompeo and Ambassador at Large for International Religious Freedom Sam Brownback, a former chairman of the Helsinki Commission, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “The Helsinki Commission welcomes the release of the annual International Religious Freedom Report. Robust reporting on the full range of human rights—including respect for religious liberties—is critical to the preservation of democratic institutions. “The report details a number of continuing concerns in countries including Hungary and Turkey. In Hungary, government officials have engaged in anti-Muslim and anti-Semitic rhetoric and publicly venerated World War II-era anti-Semites and Hitler allies. Amendments to Hungary's controversial 2011 religion law came into effect in April, but it is not yet clear if the new and more complicated law will end discrimination against the Hungarian Evangelical Fellowship and other faiths. In Turkey, long-standing concerns persist about respect for the rights of Alevis and non-Muslim minorities to freely manage their religious activities and internal affairs. “These violations of religious freedom are extremely troubling, especially since Hungary and Turkey—like all participating States of the OSCE—have committed to protecting freedom of religion or belief and preventing intolerance and discrimination based on religious grounds.” The annual State Department International Religious Freedom Report details religious freedom in every country. The report includes government policies violating religious belief and practices of individuals and religious groups, and U.S. policies to promote religious freedom around the world.
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publication
Conference on Security and Cooperation in Europe and OSCE Commitments Regarding Freedom of Religion or Belief
Monday, June 24, 2019The 57 participating States of the Organization for Security and Cooperation in Europe have repeatedly committed to recognizing and respecting freedom of religion or belief. The 35 participating States of the Conference on Security and Cooperation in Europe–the forerunner of the OSCE–signed the Helsinki Final Act of 1975, which included: “The participating States will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.” The OSCE’s Office of Democratic Institutions and Human Rights has staff dedicated to freedom of religion or belief, led by a senior advisor. ODIHR legal reviews to help participating States comply with their OSCE commitments have included existing law and draft legislation on freedom of religion or belief. ODIHR only conducts such reviews after receiving a formal invitation from a participating State. A panel of OSCE/ODIHR experts on freedom of religion or belief assists OSCE/ODIHR, and the ODIHR director appoints the panel’s 14 members every three years. This compilation, developed by Helsinki Commission staff, covers CSCE/OSCE commitments on freedom of religion or belief in 16 documents from the Final Act to the OSCE Ministerial Council in 2015. It includes the document title, excerpted text, and links to the original document. Participating States have also made commitments relating to discrimination or hate crimes base on religion or belief. Some examples are in “OSCE Human Dimension Commitments: Thematic Compilation.” This Helsinki Commission compilation only includes commitments on freedom of religion or belief. The Commission will update the compilation when new commitments on freedom of religion or belief are made.
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hearing
Russia's Counterproductive Counterterrorism
Wednesday, June 12, 2019Russia’s counterterrorism approach, which is problematic in both conception and execution, makes Moscow an ill-suited partner with the United States in this field, experts told the U.S. Helsinki Commission at a hearing on June 12, 2019. The hearing closely examined the development, history, and repercussions of the Kremlin’s approach to counterterrorism under Vladimir Putin, including Moscow’s attempts to present itself as a regional and global leader on this issue. Witnesses included Dr. Michael Carpenter, Senior Director of the Biden Center for Diplomacy and Global Engagement at the University of Pennsylvania and former Deputy Assistant Secretary of Defense; Rachel Denber, Deputy Director, Europe and Center Asia Division, Human Rights Watch; and Dr. Mariya Y. Omelicheva, Professor of Strategy at the United States National War College of the National Defense University. In his opening statement, Rep. Richard Hudson (NC-08), who chaired the hearing, noted concerns expressed by many, including the U.S. Director of National Intelligence, about Russia’s attempts to assume the mantle of leadership in the counterterrorism sphere, through efforts that include placing Russian nationals in senior counterterrorism positions in international organizations. Rep. Hudson further expressed concern regarding overly broad use of “terrorism” and “extremism” labels by the Kremlin and authoritarian regimes across Central Asia, in contravention of their commitments to human rights Rep. Hudson was joined by other Helsinki Commissioners. Sen. Cory Gardner (CO) underscored the inherently destabilizing nature of Russia’s counterterrorism policies and practices and recalled legislation he has introduced that would require the Department of State to formally determine whether Russia should be designated a state sponsor of terrorism. Rep. Robert Aderholt (AL-04) raised questions regarding Russia’s role in the downing of Malaysia Airlines flight 17 over eastern Ukraine and whether such an action amounts to state-sponsored terrorism, as well as the impact of Russia’s counterterrorism policies on its Muslim population. Rep. Brian Fitzpatrick (PA-01) drew upon his experience in the Federal Bureau of Investigation to highlight the challenges of sharing investigative techniques and best practices for fighting terrorism with Russia, as opposed to other countries in the region. Dr. Omelicheva discussed how the Kremlin has increasingly prioritized fighting terrorism, both as a policy and as a political theme. She described how punitive measures, rather than a focus on socioeconomic improvement to address root causes of radicalization, have long been a preferred method of Russia’s military and security services for addressing terrorism. She also noted that some Central Asian states have copied the Kremlin’s heavy-handed methods. Ms. Denber noted the broad criminal code Russian authorities inappropriately apply—under the guise of fighting terrorism—to persecute people “inconvenient” to the Kremlin. She discussed in detail other domestic applications of Russia’s counterterrorism criminal laws, including monitoring and storing of Russian citizens’ internet metadata, as well as labeling groups like Jehovah’s Witnesses as extremist organizations. Russia’s counterterrorism policies may well have alienated segments of Russia’s Muslim population and led individuals to join extremist organizations such as the Islamic State and Hizb ut-Tahrir, Ms. Denber stated. Dr. Carpenter asserted that active U.S.-Russia counterterrorism cooperation runs counter to U.S. interests and values—highlighting Russia’s penchant for claiming to be fighting extremism while actually punishing dissidents, notably individuals in Crimea critical of the ongoing occupation of the peninsula. “A single mother was recently imprisoned on extremism charges because she had posted comments critical of Russia’s annexation of Crimea on her social media feed,” he said. Dr. Carpenter’s experience in government led him to conclude, “Russia approaches counterterrorism from the position of counterintelligence;” when Russia cooperates, it is with the aim of eliciting information rather than pursuing common solutions. Using Syria as an example, he emphasized how Russian leadership does not think in win-win terms when it comes to counterterrorism, even when the U.S. does. “Moscow will be happy, of course, to host dozens of international conferences, and will periodically suggest that a solution is within reach. But at the end of the day, its interests are best served when Iran, Hezbollah and Assad are in power to make mischief in the region, because that’s when Russia’s influence with the Europeans, with Israel, and the Gulf States is at its peak,” he said. Dr. Omelicheva added to these comments with an overview of lessons the Russian government has learned in past failed counterterrorism operations, including the Dubrovka Theater hostage crisis of 2002 and Beslan school siege of 2004. “The key lesson that the government learned was that they have to have sufficient force to secure the perimeter of the counterterrorism operation, that they need to be able to constrain the freedom of movement, the freedom of mass media, and other types of freedom.”
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press release
Hastings and Wicker Condemn Recent Arrest of Ivan Golunov
Monday, June 10, 2019WASHINGTON—Following the recent arrest of investigative journalist Ivan Golunov by Russian authorities, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Journalism remains a dangerous profession in Russia, especially for reporters like Ivan Golunov who investigate corruption at the highest levels of government. His arrest proves once more that Russian authorities don’t simply fail to protect investigative journalists; they actively seek to muzzle them by alleging criminal behavior and even resorting to brute physical force.” Golunov, of the Latvia-based Russian news outlet Meduza, was arrested on drug charges on June 6 in Moscow—a common tactic used by Russian authorities to target journalists and dissidents. In the hours after his arrest, he was denied numerous rights enshrined in Russian statutes, including a phone call to friends and family, an attorney, and a meal. He also allegedly was beaten while in custody, and faces up to 20 years in prison. According to the 2019 World Press Freedom Index, Russia ranks 149 out of 180 countries in media freedom based on an evaluation of pluralism, independence of the media, quality of the legislative framework, and safety of journalists.
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press release
Helsinki Commission Hearing to Examine Russia’s Approach to Counterterrorism
Wednesday, June 05, 2019WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: RUSSIA’S COUNTERPRODUCTIVE COUNTERTERRORISM Wednesday, June 12, 2019 10:30 a.m. Rayburn House Office Building Room 2255 Live Webcast: www.youtube.com/HelsinkiCommission The Kremlin actively seeks to present Russia as a global leader in the practice of counterterrorism and countering extremism. However, Moscow’s policies and practices in this area may be problematic at best and counterproductive at worst. Witnesses will offer expert views on how the Kremlin’s counterterrorism approach has evolved over time; its effectiveness; the extent to which it complies with Russia’s commitments to uphold human rights and fundamental freedoms; regional implications; and whether Kremlin actions dovetail—or not—with U.S. interests. The following witnesses are scheduled to participate: Dr. Michael Carpenter, Senior Director, Penn Biden Center for Diplomacy and Global Engagement; former U.S. Deputy Assistant Secretary of Defense for Russia; former National Security Council Director for Russia Rachel Denber, Deputy Director, Europe and Central Asia Division, Human Rights Watch Dr. Mariya Y. Omelicheva, Professor of Strategy at the United States National War College, National Defense University; author, “Russia’s Regional and Global Counterterrorism Strategies” and “Russia’s Counterterrorism Policy: Variations on an Imperial Theme”
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press release
Chairman Hastings Commemorates Eid al-Fitr
Tuesday, June 04, 2019WASHINGTON—In commemoration of Eid al-Fitr, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) today issued the following statement: “Today, I join Muslim communities across the OSCE region and around the world to celebrate Eid al-Fitr, which marks the end of the holy month of Ramadan. As Muslims have spent the last month observing Ramadan, they have devoted time in peaceful reflection and prayer, built stronger ties with other communities—religious and non-religious—to ponder our common values, and served those who are suffering from starvation, sickness, and conflict. “Sadly, during these cherished celebrations, we also must mourn recent horrific attacks around the world on places of worship, which targeted believers of nearly every religion. In the aftermath of such tragedies, faith communities joined hands to fend off those who try to exploit differences in the service of evil. In Pittsburgh, the Jewish community sought donations for the Christchurch mosque victims in New Zealand. An American Muslim crowdfunding campaign raised money for the Tree of Life synagogue victims in Pittsburgh. Local churches and synagogues in Connecticut stepped forward to help rebuild the New Haven mosque that arsonists destroyed. These examples are precisely what the spirit of Eid inspires: to spread harmony and build coalitions that promote change. “On behalf of the U.S. Helsinki Commission, I wish those celebrating a blessed and festive celebration. Eid Mubarak.”
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briefing
Curbing Corruption through Corporate Transparency and Collaboration
Wednesday, May 29, 2019The United Kingdom has implemented some of the world’s most innovative anti-corruption policies. In particular, its public beneficial ownership registry is the only active one of its kind and its Joint Money Laundering Intelligence Taskforce models effective collaboration between law enforcement and the private sector. This briefing examined these policies and the United Kingdom’s broader strategy to counter illicit finance. Panelists discussed how the United Kingdom implements its policies, their successes and shortcomings, and what remains to be done. Though U.S. corporate transparency proposals take a non-public approach, panelists also discussed the lessons that the United States can draw from the British experience. John Penrose, M.P., U.K. Prime Minister’s Anti-Corruption Champion, explained the reputational risks associated with money laundering in the U.S. and U.K. financial markets to the rules-based system. Penrose explained the British approach of establishing a beneficial ownership registry, saying, “What we are trying to do in the U.K. is we are trying to set up something which will effectively create a global norm to say let’s all have some kind of a register about who owns and controls these companies. We’re not asking for the moon. As I said, we don’t need to know everybody who owns a piece of every company. We just need to know who the controlling minds and the controlling interests are.” Edward Kitt, Serious and Organized Crime Network Illicit Finance Policy Lead at the British Embassy in Washington, covered the issues the U.K is facing with their beneficial ownership policy. Kitt explained, “One challenge we have is feedback to financial institutions on suspicious activity reports. Often, financial institutions will submit suspicious activity reports and they don’t hear any feedback as to actually what was the utility of that, how useful was that.” Even considering the difficulty the policy has experienced, Kitt maintained, “It’s not just a talking shop; it delivers. And… it’s assisted in identifying and restraining in excess of £9 million. So, the results are palpable.” Mark Hays, Anti-Money Laundering Campaign Leader at Global Witness and the sole American panelist, reflected on his company’s investigations into corruption: “Simply put, if the U.S. wants to continue to show this leadership we need to match the U.K.’s efforts in establishing some modicum of disclosure for beneficial ownership transparency for companies.” Hays continued, “If we don’t, not only will we be failing to live up to this leadership test, but we will put ourselves at greater risk for becoming a haven for bad actors and their ill-gotten gains.” Nate Sibley, Research Fellow for the Kleptocracy Initiative at the Hudson Institute, spoke to how the UK’s policies could transfer to the U.S. Sibley described a House Financial Services Committee bill, “introduced by Representative Carolyn Maloney called the Corporate Transparency Act,” that ensures companies disclose beneficial owners. He went on to explain that the bill “would create a private beneficial ownership register. So not a public one like they have in the U.K., but one that was accessible only to law enforcement, under very strict and controlled circumstances.” Sibley outlined the ways that the U.S. federal system changes the prospect of the registry logistics, but maintained that it would still work in the U.S.
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briefing
Shady Shipping
Friday, May 24, 2019Trade-based money laundering (TBML) is the process of disguising the proceeds of crime and moving value through trade transactions in an attempt to legitimize their illicit origins. This highly sophisticated form of money laundering has become a favorite method for transnational criminals, dictators, and terrorists to move ill-gotten gains to new jurisdictions. This event examined what TBML is, how it works, and why it has become such a ubiquitous method of laundering money. Panelists also discussed the broader interplay of illicit commerce, global corruption, and TBML. Finally, panelists recommended practical steps the United States and non-governmental organizations can take to counter TBML. David Luna, President and CEO of Luna Global Networks, shared his insights on the dark side of globalization and how it fits into the TBML paradigm. Luna outlined the need to increase understanding of the networks between illicit commerce and money laundering across legal and illegal means through convergence crimes. He spoke to the methodologies of “cleaning dirty money” utilized by kleptocrats, criminal organizations, and terrorist groups, while expressing the importance of tracing money and the value of goods to expose illicit crimes. Luna cited a 2015 World Economic Forum report to support his points, which estimated the value of transnational criminal activities between 8-15 percent of Gross Domestic Product, even by conservative standards, totaling around 80 trillion in the US market. John Cassara, retired Special Agent of the U.S. Department of the Treasury, spoke about the confusion surrounding TBML, both in understanding and enforcement. He explained that TBML is the largest method of money laundering because of excess ways to commit it: customs fraud, tax evasion, export incentive fraud, evading capitol controls, barter trade, and underground financial systems. Cassara explained how money is transferred under the noses of customs enforcement by undervaluing or overvaluing an invoice of an otherwise legal trade. Cassara asked, “If our highly trained police force can’t catch this, what about the rest of the world?” Lakshmi Kumar, Policy Director at Global Financial Integrity, described the difficulty with tracking TBML, both domestically and internationally. She outlined how domestic policy and law complicates internal tracking, while the lack of consistent transnational collaboration and information sharing complicates international tracking. Kumar spoke to the components of the trade chain and how hard it is to watch all the mechanisms with due diligence. Explaining the role of banks, Kumar noted that 80 percent of all international trade occurs through open account trading, in which banks aren’t involved or able to offer oversight. This allows for trade profits to be separated into various accounts, tricking the customs and enforcement agencies to enforce a lower level of taxation on the profits and the freights and allowing for TBML. In summary, even with world class law enforcement, the U.S. legal and financial frameworks needs to catch up in order to adequately combat TBML.
Monday, December 05, 2016