Title

Helsinki Commission, Tom Lantos Human Rights Commission Announce Briefing on Justice in Western Balkans and Closing of International Tribunal

Panel Will Address Tribunal’s Achievements, Additional Actions Required to Seek Justice
Thursday, December 07, 2017

WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, and the Tom Lantos Human Rights Commission (TLHRC) today announced the following briefing:

THE INTERNATIONAL TRIBUNAL AND BEYOND:
PURSUING JUSTICE FOR ATROCITIES IN THE WESTERN BALKANS

Tuesday, December 12, 2017
10:00 AM - 11:30 PM
Rayburn House Office Building
Room 2255

Live Webcast: www.facebook.com/HelsinkiCommission

Between 1991 and 2001 the Socialist Federal Republic of Yugoslavia, made up of six republics, was broken apart by a series of brutal armed conflicts. The conflicts were characterized by widespread and flagrant violations of international humanitarian law, among them mass killings of civilians, the massive, organized and systematic detention and rape of women, torture, and practices of ethnic cleansing, including forced displacement.

In 1992 the U.N. established a Commission of Experts that documented the horrific crimes on the ground and led to the 1993 creation of the International Criminal Tribunal for the former Yugoslavia (ICTY). This month, after more than two decades of persistent, ground-breaking efforts to prosecute the individuals responsible for war crimes, crimes against humanity, and genocide in the former Yugoslavia, the ICTY is concluding its work. As it prepares to close its doors, this briefing will assess the tribunal’s achievements and limitations, and most importantly, what still needs to be done by the countries of the region to seek justice in outstanding cases, bring greater closure to victims, and foster greater reconciliation among peoples.

Panelists will discuss these questions and suggest ways that the United States, Europe, and the international community as a whole can encourage the further pursuit of justice in the Western Balkans. 

Panelists:

  • Serge Brammertz, Chief Prosecutor, International Criminal Tribunal for the former Yugoslavia
  • Nemanja Stjepanovic, Member of the Executive Board, Humanitarian Law Center (from Belgrade, Serbia, live via video)
  • Diane Orentlicher, Professor of Law, Washington College of Law, American University

Additional panelists may be added.

 

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
  • Related content
  • Related content
Filter Topics Open Close
  • A New Approach to Europe?

    President Trump has turned decades-old conventional wisdom on U.S. policy towards Europe on its head. His description of the European Union as a foe and embrace of populist leaders from Hungary’s Viktor Orban to Italy’s Giuseppe Conte have little historical precedent since World War II. With transatlantic relations in flux, observers wonder whether the approach that has guided our policy towards Europe since World War II has run its course.  At this Helsinki Commission briefing, distinguished experts on U.S.-European relations examined the historical context of the relationship and asked whether European integration remains in the U.S. national interest, and whether populist movements in Europe should be considered a threat or an opportunity. 

  • Helsinki Commission Briefing to Explore Shifts in U.S. Approach to Europe

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: A NEW APPROACH TO EUROPE? U.S. Interests, Nationalist Movements, and the European Union Thursday, November 1, 2018 10:00 a.m. Senate Dirksen Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission President Trump has turned decades-old conventional wisdom on U.S. policy towards Europe on its head. His description of the European Union as a foe and embrace of populist leaders from Hungary’s Viktor Orban to Italy’s Giuseppe Conte have little historical precedent since World War II.  With transatlantic relations in flux, observers wonder whether the approach that has guided our policy towards Europe since World War II has run its course.  At this Helsinki Commission briefing, distinguished experts on U.S.-European relations will examine the historical context of the relationship and ask whether European integration remains in the U.S. national interest and whether populist movements in Europe should be considered a threat or an opportunity.   Expert panelists scheduled to participate include: Ted R. Bromund, Senior Research Fellow in Anglo-American Relations, Margaret Thatcher Center for Freedom, The Heritage Foundation Paul Coyer, Research Professor, The Institute of World Politics Jeffrey Rathke, President, American Institute for Contemporary German Studies, Johns Hopkins University

  • 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

  • First Person: Encountering Auschwitz

    By Rachel Bauman, Policy Advisor During the annual OSCE Human Dimension Implementation Meeting (HDIM) in Warsaw, I joined 21 other members of the U.S. delegation on my first visit to the Auschwitz-Birkenau Memorial Museum, the site of the former concentration and death camp in Nazi-occupied Poland. The mass murder of Jews, Poles, Romani people, Soviet political prisoners, and other groups by the Nazi state is almost too monstrous for comprehension, especially from a distance. Fewer and fewer Holocaust survivors remain, and though many of their memories have been preserved, soon there will be no witnesses to speak to the horrors of the past. What remains of Auschwitz-Birkenau, perhaps the most notorious death camp, is a testament to the millions of people slaughtered by the Nazi regime. Auschwitz I, though significantly smaller than Birkenau, is largely intact, and houses powerful exhibitions giving a deeply personal glimpse into a tragedy that often seems too large to grasp. For me, the faceless masses of black-and-white history book photos were brought into sharp relief through collections of objects found after Soviet forces liberated Auschwitz on January 27, 1945.  Enormous piles of eyeglasses, human hair shaved from the bodies of women dragged from the gas chambers, and children’s shoes were on display as a reminder of the simple trappings of humanity denied to the victims. We laid a wreath at the Wall of Death, an execution site, and finished the tour with a silent walkthrough of a gas chamber, illuminated by the holes in the ceiling from which Zyklon-B pellets rained down on the trapped prisoners. At Birkenau, we walked along the original train tracks where wagonloads of people were selected to either die in the gas chambers or labor in terrible conditions in which disease, starvation, and exposure meant that the average prisoner perished mere months after arrival.  The remains of the killing factory, hastily destroyed upon the approach of the Soviets, are a haunting illustration of the scale of Nazi atrocities. The final death toll of Auschwitz is estimated at 1.3 million, with Jews accounting for about 90 percent of the murdered.  One in six Jews killed during the Holocaust were killed at Auschwitz.  The evils of anti-Semitism, racism, and persecution of minority groups still exist today. At the Birkenau memorial to the victims, Ambassador Brownback reminded us that the United States must continue to defend human rights around the world. Helsinki Commission Chief of Staff Kyle Parker (left) and Ambassador at Large for International Religious Freedom Sam Brownback (right) lay a wreath at Auschwitz at the Death Wall where those who attempted to escape were shot. As we prepared to depart, the clouds lifted over Birkenau, revealing a sunny sky, in stark contrast with the heavy grief of the morning.  Each of us processed the visit differently, but all experienced a renewed sense of the importance of our mission upon returning to the HDIM.

  • 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).

  • Interview with Chris Engels, Director of Investigations and Operations, Commission for International Justice and Accountability

    By Nathaniel Hurd, Senior Policy Advisor The Commission for International Justice and Accountability is a non-governmental organization that investigates atrocity crimes and terrorism committed during conflicts and prepares evidence for prosecutions in criminal trials. Chris Engels is a lawyer with more than 15 years of international experience. In 2016, he testified before the Helsinki Commission on bringing perpetrators of genocide and related crimes to justice. This interview covers the work of CIJA and Engels, U.S. national security interests, legacy, and current efforts on accountability for international crimes and terrorism, the support of Congress, and how being an American from Mississippi shaped Engels’ life and career. What is the Commission for International Justice and Accountability? CIJA’s core work is to collect evidence of international crimes such as genocide, crimes against humanity, war crimes, and terrorism committed during conflicts. Our current investigations include Iraq, Syria, Burma, and the Central African Republic. We have seen in our careers that evidence against dictators, military leaders, terrorist groups and others who committed terrible crimes, often against their own citizens, is destroyed, stolen, or hidden away by those responsible for these crimes. Because it is close to impossible for government law enforcement or international organizations to work in these places, given the security issues related to operating in an active conflict zone, we have taken on this task. We are able to collect, preserve and analyze all types of evidence, including paper documents, hard drives, laptops, and smart phones as well as open source and social media materials. We also speak to witnesses, whether they be victims, bystanders or those who had some role in the organizations that we are looking into. An important part of this work is to bring together evidence that demonstrates the responsibility of leaders who hide behind layers of command, who don’t get their hands dirty but are most responsible for the terrible crimes they plan and order others to commit. We also work with governments that are trying to deal with insurgent groups in their own countries. It’s completely reasonable that governments have little experience dealing with collection and analysis of evidence of these types of crimes, until they are attacked by an armed group. We’ve been dealing with these crimes for a long time and can advise and assist them as they fight to stop an insurgency and build cases against those who are responsible for the crimes. We help ensure that the right people are prosecuted for the full range of their crimes. The job is challenging, but we have a great group of people working with us who are highly motivated to make sure these criminals don’t get away with their crimes. Our team is made up of investigators, analysts, lawyers, and security professionals from a number of countries, with experience in all of the recent conflicts around the globe. We are also a local organization in a way, because we have team members from the countries we work in who are incredibly committed to bringing to justice those who are tearing their countries apart. Together, we are a unique and dedicated group. That’s the key to our success. Religious and ethnic minorities, like Christians and Yazidis, were targeted by ISIS for genocide, crimes against humanity, and war crimes. What work has CIJA done on atrocity crimes against these groups? CIJA is designed to tackle these challenging issues. We have done a great deal of work to identify those ISIS members responsible for crimes against minorities such as Yazidis and Christians, and we hope to do more. I believe that our work not only promotes justice for minority victims, but also helps to cut through political rhetoric and get to the facts. On the one hand, criminal investigations will lead to the individuals responsible being brought to justice. This is key for any community. We need to make sure that those who target minority groups are not allowed to go free, particularly in the same areas, living amongst the same groups that they killed, tortured and abused. At the same time, some people see these terrible crimes committed against minorities as a political issue, and then might refuse to label crimes a genocide or crimes against humanity for political reasons. Providing high quality evidence of the crimes committed, can minimize the politics involved and redirect people to the important issues, the safety of minority communities, justice for past crimes, and the right to return to and remain in their homes and their communities as quickly as possible. What is human rights documentation? How is it different from the work of CIJA? CIJA is the first, and still only, nonprofit set up to collect and analyze evidence of international crimes during conflict for prosecution. Other groups conduct what you’ve called human rights documentation. This is different in form and substance. Human rights documenters focus on collecting information and statistics on crimes committed. They then publish reports in order to raise awareness of crimes and lobby for other governments to get involved. This is noble work, unfortunately today, we see in Syria a situation where it is possibly the most heavily documented conflict in history from a human rights advocacy perspective, but this great work has not slowed the abuses committed in the country. Another difference is that CIJA investigates up to a criminal law standard, documenting the chains of custody of materials for example so that the evidence can be used successfully at trial. This level of evidence collecting is not needed for human rights documentation. Also, we are committed to working with law enforcement. Human rights documenters do not always want to work with law enforcement, because they want to remain independent in their reporting or because they do not have consent of their sources to share information with law enforcement. This all makes sense for their work. We simply have a different focus Who funds CIJA? We have had a number of donors over the years. Our current donors include the United Kingdom, Canada, the European Union, Germany, Demark, the Netherlands, and Norway. Describe your work as Director for Investigations and Operations. There is plenty of variety in my work, and I enjoy that. I am constantly on the road meeting with our field team members, working with local law enforcement, talking to witnesses, and training others to do this type of work. Of course, I spend some days in the office behind a computer hammering out management reports, doing research, writing up notes of interviews, and managing the operational side of the organization. That includes sitting with our team leaders to work out investigative plans, addressing security issues across the different conflict zones and countries where we have people, and developing strategies for our future work. I work with a great team full of dedicated people who all work hard. It is not always the case that you get to work with a competent team that enjoys their work. I am extremely fortunate to have such a professional and passionate team at CIJA. Describe CIJA’s collaboration with the Department of Homeland Security, FBI, and other U.S. government entities. By design, CIJA has a strong relationship with U.S. law enforcement. CIJA’s primary goal is to assist in the prosecution of those responsible for the terrible crimes committed during conflicts. We have the advantage of being able to operate safely in conflict zones with unique skills to preserve the materials we collect in a way that they can be used at trial. This is the key to our success. We are not interested in writing reports, human rights advocacy or political discussions. Those things are, of course, important. But CIJA focuses simply and solely on collecting evidence to ensure dictators, terrorists, and their cronies who kill, torture, and rape civilians do not escape justice. Once we have done our job, the information needs to get to law enforcement so that justice can be done. To do that, we work with any legitimate governmental agency that is investigating these types of crimes including the FBI and DHS. We are happy to work with them and believe it is our responsibility to do so. We received over 500 requests last year to assist in law enforcement investigations and the number is increasing this year. In the United States, this work has a national security element as well. If we can stop these criminals from getting into the United States, then we are all better off. By collecting evidence now, we can identify those who are responsible for these crimes and this information can assist in making sure they do not get visas and are not allowed to enter the United States. You can see how this information provides important data necessary to secure our U.S. borders against international criminals. Have members of Congress supported the work of CIJA? Oh yes. The best example of this is probably from congressional hearings on the issue. I have had the opportunity to appear before the Helsinki Commission and the Lantos Commission to discuss international criminal justice. Helsinki Commission Chairman Senator Wicker and Co-Chairman Congressman Smith, are both great supporters of this type of work and they fully support our justice efforts. More generally, you can see the will of Congress to support this type of work in the many resolutions, laws passed, and bills still making their way through Congress–like H.R. 390 (Iraq and Syria Genocide Emergency Relief and Accountability Act). It is clear to me that Congress supports justice for victims of these crimes and sees the value in making sure dictators and terrorists are brought to justice, giving notice to those who may consider similar paths in the future. How is this work relevant to the national security of the United States? It is directly relevant in many ways. For example, we have spent the last four years investigating individuals associated with Islamic State in Syria and Iraq. We have collected a great deal of evidence on fighters who had no plans to leave Syria when they arrived. Those who were completely happy to participate in the terrible crimes committed against civilians while Islamic State was winning the fight. Today, with the near totally defeat of Islamic State in Syria and Iraq, we see that many of these fighters are now trying to get back into Europe and eventually will attempt to make their way to America. The evidence we have will help ensure these individuals are not allowed to travel freely, and if they do try to do so, they will be arrested and prosecuted. I’d say a second benefit is that our evidence shows clearly that these so-called holy warriors were in reality drug traffickers, human traffickers, rapists, slavers, thugs and criminals that simply used their power to exploit and abuse anyone they chose for any reason. I think this helps open the eyes of some vulnerable young people who might join these types of groups. Islamic State has made good use of propaganda, but the reality is very different. Demonstrating this with strong evidence is a necessary part of any effort to stop the ideology from spreading into the country. We are happy to be working on that. It’s also important to say that governments that do not respect the rights of their own people certainly do not respect the rights of other people. It is not a coincidence that many governments which permit or even actively engage in the murder, torture, and rape of their citizens also protect, harbor, and even support people engaged in international terrorism. Regimes willing to engage in atrocities often become exporters of that terror to the United States and our allies at home and abroad. When the international community holds officials accountable for their crimes through fair trials, not only is justice served but it can also deter those who threaten peace and security from acting in the future. What is the American legacy, past and present, on this work? America’s leadership has promoted international justice from its earliest days. We were the engine behind the Nuremburg Tribunal and the other post-WWII prosecutions. We were a driving force for the Yugoslav and Rwanda tribunals. America has been an advocate of justice across the world and ready to stand up against dictators who were killing their people. This process is never simple; it’s often messy. But we as a people have pushed forward this sense of responsibility to protect others who cannot protect themselves. I believe that is a noble American trait that should preserved. What is it like being an American doing this work? What do you tell people abroad about your home country and home state? Do you miss home when you are abroad? Absolutely, I miss home when I am abroad. I think there are a lot of people working internationally who used this type of work to get out of the place they came from for whatever reason. That is not me. I love Mississippi; my family is there and so are the catfish and the crawfish. I believe in the work I do and that work takes me all over the world, but Jackson is my home. To put it more succinctly, the first house I bought was in Jackson, and I assume the last house I live in will be in Jackson as well. That is not to say I do not enjoy my time abroad. Even after 15 years or so of working overseas, I still feel lucky to be out in the world meeting interesting people from different backgrounds, hearing their stories and sharing some of my own Mississippi stories as well. Mississippi is complex, with all its relaxed, humid goodness mixed up with its troubled history. We all know, if you don’t keep an eye on that history, it will try to catch back up with the present, and I think most Mississippians are mindful of that. I used to be frustrated by all the preconceived notions people had about the South, but I got over that long ago. Sometimes, though, I have to remind people that I didn’t just pop out of the screen from a Hollywood movie or some anachronistic South, lacking culture and grammar, divided into two simplistic race-based groups that perpetually make bad decisions that keep them both poor and ignorant. To tell the truth, I still find it amusing and a little ironic that people who have never visited the South are okay with telling me about how bad things are in the South, but do not see any problem with stereotyping a whole region based on their limited information. I also think that Americans are often criticized for stereotyping or profiling other countries and regions based on limited information. But that mistake is universal. Every place, every people, every country is complex. Just living in a foreign country will teach you that and the learning will be quick. That’s what makes things interesting. The complexities and differences provide us with opportunities to think differently, act differently, and appreciate new perspectives. We in Mississippi can learn from the complex challenges people in other nations have faced. But we have much to share with them as well. More importantly, I run into tons of people who know something about Mississippi, whether it’s because of their love for blues or food, they have family or friends in Mississippi, or they’ve visited and want to talk about their next visit to the South. It’s great to talk to those people whether in Europe, the Middle East, Asia or on a plane in between. I also find plenty of people who are mystified by the South and want to know more. As you’ve probably guessed, I have plenty to say on that topic. There is more to be done to bring communities together in the South, but this experience can be a positive. We have come a long way as a group of people, while still facing relative poverty and still building trust across communities. There is a message in this work for those that are experiencing a civil war or reeling from its immediate aftermath. It’s a long road and not everyone is on board, but our example can give hope to those who currently have little reason to believe their tomorrow will be any better than their today. Describe growing up, going to college, and living in Mississippi. I grew up during a sweet spot in time for a Southerner, I believe. Being born in the mid-70’s, I spent my youth without the Internet. This not only freed up a great deal of time to run around in the woods, paddle down rivers, and occasionally act like I was fishing, but it also meant I was sort of sequestered, unknowingly, from the rest of the world. I also saw a changing South, and a changing Mississippi. By the time I could remember things going on around me, the great unrest of the civil rights era had shifted to a time of Southern-paced reconciliation and while no one would say it was perfect, we were moving forward as Mississippians throughout my youth. I think that reconciliation, like justice, is not something to be completed; it is an ongoing process and must be consciously acted upon by each generation. Looking back, I think we were doing that in my youth. I also picked up a great deal about fairness and respect for individuals from living in Mississippi. We are a people who believe in the power of the individual to change his or her place in life and that those who abuse their power should not be allowed to take advantage of folks. There is a balance in Mississippi between not getting involved in another person’s business and standing up when someone is being mistreated. I think that, as simplistic as it might sound, is the root of my drive to do this work. Mississippi is my home. My family and friends are in Mississippi. My house is in Mississippi. I vote in Mississippi, and I am a member of the Mississippi Bar Association. I spend a lot of time in foreign countries because my work requires it. When people ask me where I am from, I am proud to tell them I’m from Mississippi. I love to tell the story of Mississippi, and when I’m home, I love to live that story. What about your experience as an American, specifically one from Mississippi, has fueled your commitment to justice, accountability, counter-terrorism and preventing violence extremism? What have you learned as an American, from Mississippi, that formed how you see others? I think my experiences growing up have given me some small level of insight into the desire of those I work with to reconcile and rebuild a peaceful and successful society that is better for their children. It’s not just about bringing those to justice who are responsible for these atrocities, it is also about bringing society back together, reconciling after these conflicts, and justice is an important part of that. In Bosnia for years after the war, women walked down the street and saw their rapists, men saw their torturers and young children saw those who executed their fathers and mothers. Communities cannot mend without justice. Martin Luther King Jr. said it well, “True peace is not merely the absence of tension: it is the presence of justice.” I like to think my work helps to ensure that justice is present for dictators and war criminals wherever they might be. Yes, some would consider investigating atrocities in Syria and Iraq a dangerous job, and sometimes it might even seem futile given the fact the conflict has lasted so long, but I believe the time will come when the world will try those responsible, and when that time comes CIJA’s work will ensure that the proper evidence is ready and available. In the meantime, we are constantly working with law enforcement agencies around the world to arrest and prosecute those who leave Syria and Iraq and are found in countries willing to bring them to justice. What are the most satisfying aspects of your job? I hate that there is a need for my job, but I love doing it. One of the most satisfying parts of my job is to see criminals who thought they were going to get away with torturing and killing their own people, their neighbors, and former classmates, arrested and prosecuted for their terrible acts. But it’s not just about bringing those powerful criminals to justice, it is also about bringing society back together and reconciling after these conflicts. Ensuring those who were most responsible are taken out of the mix and are serving out criminal sentences for their crimes is key to making sure the rest of the society can move forward. I don’t believe we can solve all the problems in the world, but I want to do a good job at this small piece of it. If I can do that, then I feel like all the time and energy is worth it.

  • 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.” 

  • Bosnia & Herzegovina

    Mr. President, it is important for this Senate and this country to once again be interested in Bosnia and Herzegovina. During my time in Congress, and particularly since joining the U.S. Helsinki Commission, which I now chair, the Western Balkans have been an ongoing concern of mine. Although our relationship with all of these countries of the Western Balkans is important, the United States has a specific interest, a particular interest, in Bosnia and Herzegovina. We need to concentrate more on that. I had the opportunity in July to lead a nine-member bicameral delegation to Bosnia. The delegation sought to see more of the country and to hear from its citizens, rather than meet only in the offices of senior Bosnian officials. We visited the small town of Trebinje in the entity of Republika Srpska, and we visited the city of Mostar in the entity of the Federation. Then, we went on and visited in Sarajevo, the capital, engaging with international officials, the Bosnian Presidency, and citizens seeking a better Bosnia. Bosnia was a U.S. foreign policy priority when I came to the House in 1995. In less than a decade, Bosnia had gone from international acclaim while hosting the Winter Olympics to the scene of the worst carnage in human suffering in Europe since World War II. The conflict that erupted in Bosnia in 1992 was not internally generated. Rather, Bosnia became the victim of the breakup of Yugoslavia and the extreme nationalist forces this breakup unleashed throughout the region, first and foremost by Serbian leader and war criminal Slobodan Milosevic. The carnage and tragic conflict that occurred in the early 1990s was more than about Bosnia. It was about security in a Europe just emerging from its Cold War divisions and the international principles upon which that security was based. For that reason, the United States, under President Bill Clinton, rightly exercised leadership when Europe asked us to, having failed to do so themselves. The Clinton administration brokered the Dayton peace agreement in November 1995 and enabled NATO to engage in peacemaking and peacekeeping to preserve Bosnia's unity and territorial integrity. That was the Bosnian peace agreement. Almost a quarter of a century later, after the expenditure of significant diplomatic, military, and foreign assistance resources, the physical scars of the conflict have been largely erased. As we learned during our recent visit, the country remains far short of the prosperous democracy we hoped it would become and that its people deserve. Mostar, a spectacular city to visit, remains ethnically divided with Bosniak and Croat students separated by ethnicity in schools, even inside the same school buildings. Bosnian citizens, who are of minority groups, such as Jews, Romanis, or of mixed heritage, still cannot run for certain political offices. This is 2018. They can't run for State-level Presidency, simply because of their ethnicity. Neither can Bosniaks and Croats in Republika Srpska or Serbs in the Bosnian Federation run for the Presidency because of their ethnicity, in Europe in 2018. Nor can those numerous citizens who, on principle, refuse to declare their ethnicity because it should not replace their real qualifications for holding office. This goes on despite repeated rulings by the European Court of Human Rights that this flaw in the Dayton-negotiated Constitution must be corrected. In total, well over 300,000 people in a country of only 3.5 million fall into these categories despite what is likely their strong commitment to the country and to its future as a multiethnic state. This is simply wrong, and it needs to end. In addition, youth employment in Bosnia is among the highest in the world, and many who can leave the country are doing so, finding a future in Europe and finding a future in the United States. This denies Bosnia much of its needed talent and energy. Civil society is kept on the sidelines. Decisions in Bosnia are being made by political party leaders who are not accountable to the people. They are the decision makers. The people should be decision makers. Corruption is rampant. Ask anyone in Europe, and they will tell you, Bosnia's wealth and potential is being stolen by corruption. General elections will be held in October with a system favoring the status quo and resistance to electoral reforms that would give Bosnians more rather than fewer choices. The compromises made two and a half decades ago in Dayton to restore peace and give the leading ethnic groups--Bosniaks, Serbs, and Croats-- an immediate sense of security make governance dysfunctional today. Two-and-a-half-decades-old agreements make governance inefficient today in Bosnia. Collective privileges for these groups come at the expense of the individual human rights of the citizens who are all but coerced into making ethnic identity their paramount concern and a source of division, when so many other common interests should unite them. Ethnically based political parties benefit as they engage in extensive patronage and corruption. Beneath the surface, ethnic reconciliation has not taken hold, and resulting tensions can still destabilize the country and even lead to violence. Malign outside forces, particularly Vladimir Putin's Russia but also influences from Turkey and Gulf States, seek to take advantage of the political impasse and malaise, steering the country away from its European and Euro-Atlantic aspirations. As a result of these developments, Bosnia and Herzegovina is not making much progress, even as its neighbors join NATO and join the EU or make progress toward their desired integration. In my view, we should rightly credit the Dayton agreement for restoring peace to Bosnia. That was 25 years ago, but it is regrettable the negotiators did not put an expiration date on ethnic accommodations so Bosnia could become a modern democracy. As one of our interlocutors told us, the international community, which has substantial powers in Bosnia, has steadily withdrawn, turning over decision making to Bosnian officials who were not yet committed to making the country work and naively hoping the promise of future European integration would encourage responsible behavior. That has not happened. Of course, we can't turn back the clock and can't insert that expiration date on the Dayton agreement, but having made a difference in 1995, we can and should help make a difference again today. It is in our national security interest that we do so. I suggest the following. The United States and our European friends should state, unequivocally, that Dayton is an absolute baseline, which means only forward progress should be allowed. Separation or new entities should be declared to be clearly out of the question. Secondly, U.S. policymakers should also remind everyone that the international community, including NATO, did not relinquish its powers to Bosnia but simply has chosen to withdraw and exercise them less robustly. We should seek an agreement to resurrect the will to use these powers and to do so with resolve if growing tensions make renewed violence a credible possibility. Next, the United States and Europe should adopt a policy of imposing sanctions on individual Bosnian officials who are clearly engaged in corruption or who ignore the Dayton parameters, Bosnian law, and court rulings in their work. Washington has already done this regarding Republika Srpska President Milorad Dodik, and just recently, Nikola Spiric, a member of Bosnia's House of Representatives. However, the scope should be expanded, and European capitals need to join us in this regard. Senior U.S. officials, as well as Members of Congress, should make Sarajevo a priority. I hope more of our Members will visit Bosnia and increase our visibility, demonstrate our continued commitment, and enhance our understanding. Bosnia may not be ready to join NATO, but its Membership Action Plan should be activated without further delay. As soon as this year's elections are over in Bosnia, the international community should encourage the quick formation of new parliaments and governments at all levels, followed immediately by vigorous reform efforts that eliminate the discrimination in the criteria for certain offices, ensure that law enforcement more effectively serves and protects all residents, and end the corruption in healthcare and so many other violent areas of daily life. Our policy must shift back to an impetus on universal principles of individual human rights and citizen-based government. Indeed, the privileges Dayton accorded to the three main ethnic groups are not rights but privileges that should not be upheld at the expense of genuine democracy and individual rights. We, in my view, have been far too fatalistic about accepting in Bosnia what we are not willing to accept anywhere else. We also underestimate what Bosnians might find acceptable, and we should be encouraging them to support leaders based on credentials, positions, and personal integrity, not based on ethnicity. There should no longer be a reason why a Bosniak, Serb, or Croat voter should be prohibited by law from considering a candidate of another ethnicity or a multiethnic political party. All candidates and parties would do well to seek votes from those not belonging to a single ethnic group. This may take time and perhaps some effort, but it should happen sooner rather than later. Let me conclude by asserting that greater engagement is in the interest of the United States--the economic interest and the national security interest. Our country is credited with Bosnia's preservation after the country was almost destroyed by aggression, ethnic cleansing, and genocide. Thank God our country was there for Bosnia. Our adversaries--notably, but not exclusively, Russia--would like nothing more than to make an American effort fail in the end, and they would ensure that its repercussions are felt elsewhere around the globe. Current trends in Bosnia make the country an easier entry point for extremism in Europe, including Islamic extremism. If we wait for discrimination and ethnic tensions to explode again, our engagement will then become a moral imperative at significantly greater cost. The people of Bosnia, like their neighbors throughout the Balkans, know they are in Europe but consider the United States their most trusted friend, their most honest friend. They want our presence and engagement, and given the tragedies they have experienced, they have earned our support and friendship

  • Snapshot: Challenges to Press Freedom in the OSCE

    As the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) convenes the annual Human Dimension Implementation Meeting (HDIM) conference in Warsaw, Poland—the largest human rights gathering of any kind in Europe—journalists in several OSCE participating States continue to face intimidation, persecution, violence, and even imprisonment just for doing their jobs. Albania: On August 30 in Albania, the home of the father of News 24 TV crime reporter Klodiana Lala was sprayed with bullets, according to the investigative website BalkanInsight.   Fortunately, nobody was injured.  Lala has been reporting on organized crime in Albania for years. Other investigative journalists have been harassed in the past. Azerbaijan: Azerbaijan’s documented record of continued harassment of both foreign and domestic media, including intimidation through lawsuits and even imprisonment, has continued in 2018. Since early last year, the government has blocked the websites of Meydan TV, the Azadliq newspaper, Turan TV, and the U.S.-sponsored Radio Free Europe/Radio Liberty’s (RFE/RL) Azeri service, among others, effectively stifling the country’s only remaining major sources of independent news. Among those journalists investigating official corruption, Mehman Huseynov is serving a two-year sentence for defamation and Afgan Mukhtarli is serving a six-year sentence for entering the country illegally despite credible reports that he was abducted from Georgia in 2017 and brought into Azerbaijan against his will. According to news reports, Khadija Ismayilova, an investigative journalist formerly with RFE/RL who was imprisoned for 18 months in 2014-15, remains under a travel ban and met with German Chancellor Angela Merkel during her recent visit to Azerbaijan to discuss the continued harassment of the media. Bosnia and Herzegovina: On August 26, Vladimir Kovacevic, a reporter for the independent Bosnian Serb television station BNTV, was attacked and severely beaten outside of his home after reporting on an anti-government protest in Banja Luka, according to Voice of America (VOA). Belarus: On August 7-8 2018, Belarusian authorities raided several independent media outlets, confiscated hard drives and documents from offices and apartments, and detained 18 journalists, including the editor-in-chief of Tut.by, Marina Zolotova. According to press reports, the Belarusian Investigative Committee accused the targeted media outlets of illegally accessing the subscription-only news website BelTA, a crime punishable by fines and up to two years of either house arrest or prison time. While all detained journalists have been released, Belarusian authorities have prohibited them from leaving the country while the charges are being investigated, according to the Belarusian Association of Journalists. These latest actions came on the heels of other recent incidents targeting the country’s independent media. As reported by RFE/RL, Belarusian lawmakers passed controversial amendments to the country's media laws in June 2018 which they claimed were necessary to combat so-called "fake news." In July, a Minsk court sentenced Belarusian journalist Dzmitry Halko to four years in a guarded dormitory and forced labor after convicting him of assaulting two police officers. Natallya Radzina, the Poland-based chief editor of independent news site Charter97, reported she received death threats. In addition, well-known Belarusian blogger Sergey Petrukhin has been harassed and detained in recent months, according to the CPJ. Independent media outlets like Belsat TV has received at least 48 fines since the start of 2018, according to Reporters Without Borders (RSF). Croatia: In late June, the European Federation of Journalists reported that Croatian journalist and owner of Zadar News Hrvoje Bajlo was beaten up in Zadar, resulting in his hospitalization. He was also threatened with death if he continued his writings.   Montenegro: Olivera Lakić, an investigative journalist for the Montenegrin newspaper Vijesti, was wounded outside her home by a gunman on May 8, The Guardian reported.  She had been reporting on official corruption in the country.   A bomb exploded in front of the home of one of her associates earlier in the year. Russia: Russia remains a challenging place for independent media to survive, much less thrive.  Journalists remain the target of harassment, arrest, and intimidation. According to the CPJ, five journalists are currently serving prison sentences related to charges of defamation, ethnic or religious insult, or anti-state rhetoric. One of the most notable cases is that of Ukrainian filmmaker Oleg Sentsov, who was arrested by Russian authorities in Crimea, and is currently serving a 20-year prison sentence on charges of terrorism. He has been on a hunger strike since May14, 2018, calling for “the release of all Ukrainian political prisoners that are currently present on the territory of the Russian Federation.”   Many governments, including the U.S., and non-governmental groups have raised concerns about his case directly with the Russian government and called for his release. Serbia: The Association of Journalists of Serbia (UNS) said it had registered 38 cases in which journalists and media workers had reported attacks and other types of harassment since the year began.  Turkey: Turkey continues to be the world’s leading jailer of journalists, according to CPJ. In 2017, CPJ documented 73 Turkish journalists in prison; Turkish civil society groups, such as the Journalists’ Union of Turkey and P24, estimate that the number is at least twice as high (149 and 183, respectively). Most imprisoned journalists are charged with terrorism, including links to the movement led by Fethullah Gulen, whom the government accuses of masterminding an attempted coup in 2016. Over the past year, dozens have been sentenced to lengthy prison sentences, often on charges related to terrorism.  Fourteen Cumhuriyet journalists were sentenced in April, 2018, and six journalists from Zaman newspaper were sentenced in July. Even Turkish journalists living outside of Turkey are not exempt from persecution. According to the Department of State’s 2017 Human Rights Report, 123 Turkish journalists currently living in other countries are too afraid of reprisal, harassment, or arrest to return. The government has also used emergency powers to shutter nearly 200 media outlets, putting scores of journalists out of work. Meanwhile, a small group of large business conglomerates loyal to the government have consolidated their control over the vast majority of Turkey’s mainstream media. Ukraine: In a recent ruling that threatens the internationally recognized protection of a journalist’s sources, a court in Ukraine approved the prosecutor-general’s request for the cell phone data of an RFE/RL investigative reporter. The journalist is Natalia Sedletska, host of the award-winning anti-corruption TV show “Schemes: Corruption in Details,”  a joint production of RFE/RL and Ukrainian Public Television. The information requested includes phone numbers; the date, time, and location of calls, text messages, and other data, which the prosecutor-general’s office claims is needed as part of a criminal investigation. During the period covered by the request, however, the program Schemes has reported on several investigations of senior Ukrainian officials, including the prosecutor-general.  The brutal murders of Jan Kuciak and his fiancé in Slovakia and Daphne Caruana Galizia in Malta are stark reminders of the tremendous risks investigative journalists take to expose crime and corruption within the government. While public outrage over Kuciak’s killing led to the resignation of multiple cabinet officials in Slovakia, so far there have been no indictments for the crime. In Malta, three people have been indicted in connection with Galizia’s murder, but those who ordered the assassination remain at large. In the United States, five journalists at the Capital Gazette in Annapolis, MD, were brutally murdered in June by a gunman who allegedly was disgruntled by an article the Gazette had written regarding his arrest and subsequent probation for harassing former high school classmates on social media. This is merely a snapshot of the daily challenges and real danger that journalists, editors, and media professionals face in many OSCE participating States. Despite politically charged global rhetoric about the role and purpose of the media, freedom of speech remains a cornerstone of any functioning democracy, and a reliable, trustworthy, and professional media free to do its job without harassment or threat is essential.

  • Ongoing Election Challenges in Bosnia and Herzegovina

    On October 7, 2018, Bosnia and Herzegovina will hold general elections for government offices at the state level, as well as for offices in each of the “entities” into which the country is politically divided (Bosnian Federation and Republika Srpska), and finally within each of the 10 cantons that make up the Federation.  These elections mark a continuing transition to democratic norms, including respect for human rights and fundamental freedoms as well as adherence to the rule of law, detailed in OSCE commitments. Unfortunately, the challenges faced by a country in its transition have been complicated in Bosnia by the lingering effects of the 1992-1995 conflict, where all sides—primarily but not exclusively Serb nationalist forces—targeted civilians in ethnic cleansing campaigns. These atrocities, which included the genocide at Srebrenica in July 1995, resulted in the displacement of about half the country’s population, the deaths of approximately 100,000 individuals, and the torture or mass rape of thousands more. More than 20 years later, it would be a mistake to underestimate the social scars associated with such a traumatic experience in a country of 3 to 4 million people.    The most visible artifact of the conflict, however, is not those scars but the political system in which the upcoming elections will be held. Peace was restored by a combination of outside intervention and concessions at the negotiating table; the resulting constitutional arrangement contained in Annex IV of the Dayton Peace Agreement remains in place today. This arrangement includes allowing only those declaring their affiliation with one of the three main ethnic groups or constituent peoples—Bosniaks, Serbs, and Croats—to stand for election to a seat on the state-level presidency or in the House of Peoples of the country’s parliament. Even then, citizens are only eligible if they also live in the right place; Bosniaks and Croats must also reside in the Bosnian Federation and Serbs must reside in Republika Srpska. In 2009, the European Court of Human Rights ruled in favor of two Bosnian citizens, Dervo Sejdic and Jacob Finci, who were ineligible to run as presidential candidates because they do not affiliate with one of the three recognized groups; they are Romani and Jewish respectively. In 2016, Ilijaz Pilav won a similar case at the court when he was denied the chance to run because he is a Bosniak who lives in Republika Srpska. Two years earlier, Azra Zornic also won her ECHR case against Bosnia after she was declared ineligible for not declaring her ethnic affiliation.  Despite these court victories in Strasbourg, discrimination in Bosnia and Herzegovina continues. Between Bosnian citizens who do not belong to any of the three constituent peoples, Bosniaks and Croats residing in in Republika Srpska, Serbs residing in the Bosnian Federation, and an unknown number of those like Zornic who do not wish to identify on the basis of ethnicity, more than 300,000 Bosnian citizens are denied the right to stand for election to the Bosnian Presidency or seek a seat in the state-level House of Peoples. The October 2018 elections are further complicated by the 2017 decision of Bosnia’s constitutional court that the mechanism for establishing the Bosnian Federation’s own House of Peoples was unconstitutional and by the annulment of relevant portions of the electoral code. In this case, the claim was made that existing practices had disadvantaged ethnic Croat voters. In early 2018, political talks under international auspices failed to produce a solution, largely due to a desire by those seeking to maintain political power to further entrench ethnicity as a defining factor into the system. The result could be a political crisis after the elections if the Bosnian Federation parliament cannot convene, leading to a similar situation at the state level. In July 2018, a congressional delegation organized by the U.S. Helsinki Commission visited Bosnia and Herzegovina. Nine Members of Congress met with Sejdic, Finci, and Pilav, as well as civil society representatives and others, to learn more about the ethnic barriers to effective exercise by citizens of their human rights and fundamental freedoms. The nine-member congressional delegation and U.S. Ambassador Maureen Cormack with Dr. Ilijaz Pilav, Ambassador Jacob Finci, and Mr. Dervo Sejdic in Sarajevo.  At the end of the visit, the head of the delegation and Helsinki Commission Chairman Sen. Roger Wicker (MS) concluded, “The discriminatory ethnic criteria that prevent some Roma, Jewish, Serbs in the Federation, Croats and Bosniaks in the Republika Srpska, and other citizens who do not self-identify with a group from seeking certain public offices is unacceptable and can easily be addressed… We hope for progress on electoral reform, in line with accepted norms for free and fair elections, so that election results can be implemented and a government formed. We are dismayed at the lack of political diversity within some of the main ethnic groups in this country, and take issue with those who argue they are entitled to a monopoly in representing those groups.”  The congressional delegation expressed frustration over the lack of progress with the current state presidency. It also asked the OSCE Parliamentary Assembly, meeting in Berlin later that month, to maintain a strong focus on Bosnia and Herzegovina and to send a robust election observation mission to the country in October. Of course, Bosnia’s woes go beyond this issue. Republika Srpska officials continue to undermine the country’s state-level institutions to justify an agenda that is not only openly separatist but, as evidenced by the recent revocation of a 2004 report acknowledging he massacre at Srebrenica, also highly nationalistic. One political party seeks define ethnic privileges that would essentially allow it alone to represent Bosnia’s Croat population. Bosniak political leaders, while perhaps more flexible regarding non-ethnic political options, nevertheless seem content representing the country’s primary victims from the conflict period as they remain in power and engage, as do the others, in widespread corruption. Malign outside influences, including Russia, thrive on the Bosnia’s political impasse.  Getting elections right—at this most fundamental level in addition to their overall conduct—is critical and perhaps the best place to start the larger reform effort Bosnia needs. Unless this happens, the country, which is estimated to have the world’s highest youth unemployment rate at well over 50 percent, will see its most talented citizens future vote with their feet, and exercise the right they retain as individuals, regardless of ethnicity, to leave the country behind for a future elsewhere.

  • 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.  

  • Annual Trafficking in Persons Report: Europe Falling Behind on Trafficking Victim Identification

    WASHINGTON—Last week, the U.S. Department of State released the 18th annual Trafficking in Persons (TIP) Report, which tracks the progress of 189 countries toward meeting minimum standards of prosecution, protection, and prevention in the fight against human trafficking.  This year’s report showed a 45 percent increase in trafficking victim identification worldwide in 2017 to 100,409—an all-time high for both labor and sex trafficking. However, while more labor trafficking victims were identified in Europe than in 2016, overall victim identification in Europe dropped 4 percent. Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04), who also serves as the Special Representative for Human Trafficking Issues to the OSCE Parliamentary Assembly, said, “With the current migrant crisis, it is more important than ever that OSCE participating States in Europe are informed and on the lookout for human trafficking victims, and have care available for them when they are found.  Unaccompanied minors, in particular, are vulnerable to trafficking and re-trafficking all along the migration routes.” Helsinki Commission Chairman Sen. Roger Wicker (MS) welcomed the report and noted that despite the downturn in victim identification in Europe, several OSCE participating States have made substantial progress in fighting human trafficking. “Estonia, Cyprus, Serbia, Bulgaria, Moldova, and Uzbekistan are to be congratulated for their efforts to meet the minimum standards for the elimination of human trafficking,” he said.  Ireland and Armenia, however, moved down from Tier 1 to Tier 2.  Bosnia and Herzegovina, Kyrgyzstan, Tajikistan, and Mongolia moved from Tier 2 to the Tier 2 Watch List.  The TIP Report classifies countries into several tiers based on their progress toward meeting minimum standards to combat human trafficking. Tier 1 countries fully meet the minimum standards. Tier 2 countries do not meet the minimum standards but are making a significant effort to do so. Tier 2 Watch List countries are in a grace period and are in real danger of becoming Tier 3 if they do not take concrete action to improve their efforts. Tier 3 countries do not meet the minimum standards and are not making significant effort to do so. Tier 3 countries may be subject to U.S. sanctions. Since the creation of the annual TIP Report by Co-Chairman Smith’s Trafficking Victims Protection Act of 2000, more than 120 countries have enacted anti-trafficking laws and many countries have taken other steps to significantly raise their tier rankings—citing the TIP Report as a key factor in their new anti-trafficking efforts. 

  • Press Conference Following U.S. Congressional Delegation Meetings in Bosnia

    Thank you Madam Ambassador.  We appreciate it very, very much.  And this is indeed a bicameral and bipartisan delegation of members of the United States Congress and I am pleased to be here in Sarajevo for my fifth visit.  This is a nine-member congressional delegation. It represents – as the Ambassador said – the bicameral U.S. Helsinki Commission, of which I’m privileged to serve as chair.  The Helsinki Commission and its members from the United States Congress have always cared about Bosnia and Herzegovina.  Its first congressional visit here was in early 1991, before the conflict began.  Commissioners returned when they could during the conflict, and have come back on several occasions after the conflict to assess and encourage recovery and reconciliation.   This time, we come here first and foremost to let both the political leaders and the people of Bosnia and Herzegovina know the United States remains interested and engaged in the Balkans.  The progress we want to see throughout the region must include progress here in Bosnia.  We are committed to protecting the country’s sovereignty and territorial integrity in line with the 1995 Dayton Agreement, and we support Bosnia’s aspirations for European and Euro-Atlantic integration.  Efforts to undermine state institutions, along with calls for secession or establishment of a third entity, violate the spirit and letter of the Dayton Accords and endanger the stability of Bosnia and Herzegovina, and the entire region, and they diminish the likelihood of progress for local families and job creators.   We encourage the Bosnian government to undertake the necessary reforms to make integration a reality.  The inability to make Bosnia’s government more functional, efficient, and accountable is holding this country back.  It is the consensus of the international community that the people of Bosnia and Herzegovina are ill-served by their government’s structure. Bosnia should correct one glaring shortcoming.  The discriminatory ethnic criteria that prevent some Roma, Jewish, Serbs in the Federation, Croats and Bosniaks in the Republika Srpska, and other citizens who do not self-identify with a group from seeking certain public offices is unacceptable and can easily be addressed.  Bosnia’s neighbors are making progress, and we do not want to see this country fall further behind.   In our meeting with Members of the Bosnian Presidency, we expressed our frustrations with the political impasse and often dangerous rhetoric.  We urged stronger leadership and a more cooperative spirit in moving this country forward, together.  This should include electoral reform now and a serious commitment to the additional reforms that are obviously needed in the near future.  We are tired of the way ethnic politics dominates debate and makes decision-making such a difficult progress.  We share this impatience with our allies and the people this country would like to move closer toward.  This does not enhance the future of young people who want to stay and raise families in Bosnia, and it places a drag on efforts toward Euro-Atlantic integration. We encouraged international mission heads and the diplomatic community based here in Bosnia to defend human rights, democracy, the rule of law and all principles of the Helsinki Final Act in their important work.  In these areas, there should be no compromises here in Bosnia that we would not accept elsewhere.  Working together, the United States and Europe must deal firmly with those who seek to undermine those principles in any way, and that should include – for the worst offenders – coordinated sanctions on their ability to travel and on their individual assets.  We also need to work with Bosnian officials to counter external forces that actively seek to make Bosnia even more vulnerable to internal instability than it already is right now.  We are proud of the work between the United States and Bosnian officials thus far on countering terrorism.  We hope Bosnia remains committed to prosecuting and rehabilitating foreign terrorist fighters through ensuring longer sentences for convicted terrorists. Second to sending a strong U.S. message, we come to hear the voices of the people.  The Helsinki Commission and members of Congress regularly meet with diplomats and senior officials from Bosnia who visit Washington.  Their views are important, and we have good discussions, and we had good discussions this time.  However, we often wonder what the people of Bosnia truly think about their situation.  To that end, we met here with citizens who continue to be denied their recognized right to seek certain public offices.  We also heard the many concerns of non-governmental representatives.  In Mostar, we met with a young leader whose organization is trying to find common ground among the people of that spectacular city, which is still divided in too many ways.  It is deplorable that the citizens of Mostar have been denied their right to vote in local elections since 2008; we call on Bosnia’s political leaders to set aside the differences and work toward a compromise that resolves the impasse. We encourage all citizens of Bosnia and Herzegovina to give priority not to protecting ethnic privileges that keep them segregated from one another, but to promoting policies that will give them jobs, greater opportunity, a 21st century education, and the prosperity they want for their children and grandchildren.  To succeed, Bosnian citizens must all move forward together.   However, ethnic divisions continue to thwart needed cooperation.  We sense that these divisions are not as deep as claimed by the political leaders who exploit them. They exploit them for power, in our judgment.  And if there is one thing which should unite all Bosnians, it should be the desire to end the rampant corruption that robs this country of its wealth and potential. We hope that the upcoming Bosnian elections are not only conducted smoothly and peacefully, but their results reflect the genuine will of the people.  Democracy is strengthened when voters cast their ballots based, not on fear, pressure or expectation, but based on their own, personal views regarding the issues and opinions of the candidates, their views and their character.  The outcome must accurately capture these individual sentiments.  We hope for progress on electoral reform, in line with accepted norms for free and fair elections, so that election results can be implemented and a government formed.  We are dismayed at the lack of political diversity within some of the main ethnic groups in this country, and take issue with those who argue they are entitled to a monopoly in representing those groups. A third and final reason this delegation has come to Bosnia and Herzegovina is to remember —as American citizens and elected officials — why the United States of America should continue to care about Bosnia and Herzegovina, even when so many other crises demand attention.  We are reminded, in that regard, of the upcoming anniversary of the genocide at Srebrenica and the unimaginable pain and loss that lingers from that and other wartime atrocities.  Some of us visited the War Childhood museum, reminding us as well of the innocence and vulnerability of civilian victims.  We also remember past U.S. leadership in responding to the conflict.  The address of this building is “1 Robert C. Frasure Street,” after one of three American envoys who lost their lives on nearby Mount Igman while seeking to bring peace to this country.  Their work, and that of so many other American diplomats, soldiers and citizens who have continued their work to this day, cannot be left unfinished.   Finally, we also witnessed the incredible beauty of the countryside, the vibrancy of places like Sarajevo and Mostar, and the generous hospitality of the people.  Having been through so much, they deserve better than they have right now.            We therefore leave here more committed than ever to this country’s future, and as confident as ever in our ability to work together to build that future.  We support Ambassador Cormack here in Sarajevo and will continue to encourage our government in Washington to take further steps to encourage the good governance and prosperity that the citizens of this country deserve.

  • Chairman Wicker Introduces Resolution Emphasizing Importance of NATO to Regional Security

    WASHINGTON—Helsinki Commission Chairman Sen. Roger Wicker (MS) introduced a bipartisan resolution (S.Res.557) emphasizing the importance of NATO to the collective security of the transatlantic region and urging its member states to work together to strengthen the alliance at the July 11-12 NATO summit in Brussels.  “NATO remains the cornerstone of transatlantic and global security. This resolution underlines the need for our allies to boost their contributions to our collective defense. It also encourages practical steps at the upcoming NATO summit to bolster the alliance’s effectiveness against current and emerging threats,” said Chairman Wicker. “We must always work to strengthen the alliance if we want it to serve our collective security as well as it has in its first seven decades.”  Sen. Ben Cardin (MD), a senior member of the Senate Foreign Relations Committee and ranking Senate commissioner, is the lead co-sponsor of the resolution. Other original co-sponsors of S.Res.557 include Helsinki Commissioners Sen. Thom Tillis (NC) and Sen. Jeanne Shaheen (NH), who also co-chair the Senate NATO Observer Group. “NATO summits are important occasions to send messages of solidarity with our NATO allies and reaffirm our continued commitment to transatlantic principles, including democracy and the rule of law,” said Sen. Cardin. “This resolution underlines that NATO is rooted in a foundation of shared values, and that any backsliding on individual liberty, corruption, or human rights risks eroding that foundation.” S.Res.557 reaffirms the enduring commitment of the United States to NATO’s collective defense, enshrined in Article 5 of the North Atlantic Treaty, and urges all NATO member states to be prepared to meet their respective Article 5 obligations.  It also pledges support for measures to deter Russian aggression against the territory of any NATO ally. The resolution underlines the need for NATO’s “open door policy” to remain in effect and for the alliance to extend an invitation to any aspirant country that has met the conditions required to join NATO. Finally, it urges leaders at the Brussels summit to ensure the alliance makes key changes to meet urgent security threats and counter new challenges. “As I stated when we re-established the NATO Observer Group, our alliance must be prepared to face a broad range of threats, including hybrid and cyber threats from Russia and other adversaries,” said Sen. Tillis. “A strong and committed NATO alliance remains vital as our community of democracies continues to expand and thrive.” “This resolution underscores the need for the United States to work closely with our allies to modernize NATO to respond to the ever-evolving threats facing western democracies, particularly from the Kremlin,” said Sen. Shaheen. “Continued cooperation with NATO allies will be integral to our efforts to safeguard our country’s national security and protect the United States.”

  • Inaugural PADWEEK Addresses Racial Discrimination across Europe

    On May 19, 2018, African-American Meghan Markle wed Prince Harry at St. George’s Chapel in Windsor, England. Black culture was celebrated throughout the event: Queen Elizabeth II’s first female black chaplain offered prayers, a black British choir sang African-American Ben E. King’s “Stand By Me,” and Chicago-based African-American Episcopalian bishop Michael Curry quoted civil rights icon Martin Luther King Jr. during his wedding address, preaching on “the power of love.” However, the public discussion leading up to the wedding was riddled with racial stereotyping and prejudice spurred by Markle’s biracial identity—her father is white and her mother is black. British news outlets were heavily criticized for racial insensitivity after commenting on Markle’s “unconventional family,” and using phrases like “unlikely pairing” to further differentiate between the prince and Markle. Unfortunately, racial bias is not confined to Markle—now Duchess of Sussex—but instead extends to many black people in Europe. According to four comprehensive reports from the Organization for Security and Cooperation in Europe, the European Commission, the EU Agency for Fundamental Rights, and Open Society Foundations, a significant percentage of the estimated 15–20 million people of African descent living in Europe have experienced high rates of prejudice and discrimination. Just days before the wedding, racial equality advocates from across Europe gathered in Brussels to address this problem. At the inaugural People of African Descent Week (PADWEEK), organized by the European Parliament Anti-Racism and Diversity Intergroup, Transatlantic Minority Political Leadership Conference, Each One Teach One, and the European Network Against Racism, more than 100 black European activists discussed current racial injustices in Europe and recommended ways for European leaders to respond to increasing hate and discrimination across the region. Attendees included black policymakers, business leaders, and human rights activists from across Europe. Helsinki Commissioners Rep. Alcee Hastings (FL-20) and Rep. Gwen Moore (WI-04) were two of nine honorary hosts. “Whether in America or Europe, we must all do more to uphold the democratic values of our nations,” Commissioner Hastings said in a statement. “Skin color should not determine one’s access to rights, protections, and opportunities in a democracy.” Though the agenda was full with discussions ranging from BREXIT to migration to Africa-EU relations, PADWEEK addressed issues of racial discrimination head-on and introduced new ways to find solutions. It called for change to a well-ingrained European system that has left black people by the wayside for centuries. Race and legal issues were raised repeatedly in discussions. German legal expert and human rights activist Thomas Ndindah called for justice for Oury Jalloh, an asylum seeker who burned to death in a German police cell while handcuffed to a mattress in 2005. Participants also questioned a so-called “Marshall Plan” for Africa, the name of which alludes to the American-European economic plan that helped rebuild Western Europe following World War II. Participants voiced concerns that African countries were not being viewed as equal partners in the negotiations or consulted on the name. Instead, many attendees viewed the plan as Europeans paying African governments to keep unwanted African migrants from reaching Europe, while at the same time purposefully attracting Africa’s highly skilled professionals to Europe. This raised one question: how would Africa benefit from this “Marshall Plan” for Africa if Africa’s brightest and best were contributing to countries elsewhere? The week ended with a list of recommendations from participants and a passionate speech by Mirielle Fanon-Mendes-France, daughter of twentieth century philosopher Frantz Fanon. She called on European institutions to deliver on longstanding promises to address the ongoing impact of colonialism and slavery on the present-day well-being of black Europeans. Recommendations from PADWEEK included: Recognizing the history of past injustices by adopting a European Black History Month and a Remembrance Day for victims of colonialism and enslavement Supporting empowerment and anti-discrimination initiatives by funding black-led civil and human rights organizations Adopting legislation in the European Parliament on an EU Framework for National Strategies for Equality and the Inclusion of People of African Descent in Europe

  • 2018 World Cup: The Beautiful Game and an Ugly Regime

    The 2018 World Cup hosted by Russia has created an unprecedented opportunity for the country’s kleptocrats to enrich themselves. Just as he did with the 2014 Winter Olympics in Sochi, President Vladimir Putin has hijacked a world sporting event in an attempt to burnish his own image and enrich the Kremlin elite, rather than to celebrate sport and sportsmanship in Russia. However, unlike the 2014 Winter Olympics, the World Cup has required multiple infrastructure projects in not just one, but eleven, host cities. Oligarchs, as well as regional and national officials, have worked together to embezzle assets from the tournament stadium construction and refurbishment to side projects of accommodation and transport. Mistreated and forced laborers have completed this work. Contractors have used and manipulated Rus-sian and migrant workers to erect the stadiums and other structures that are essential to hosting a World Cup. For example, Russia has continued its unscrupulous use of North Korean forced labor to build St. Petersburg Zenit Arena, opened by President Putin himself in March 2017. Russia presented the World Cup to the FIFA voters in 2010 as a wholesome tournament, bringing the world together for a festival of sport. Instead, President Putin will give the world a corrupt tournament, built on the backs of forced and mistreated labor, and expose fans to a real risk of soccer violence and hatred. Although troubling trends in each of these areas can be seen in countries throughout the OSCE region, the offenses of the Kremlin are particularly egregious. Download the full report to learn more. Contributors: Michael Newton, Intern and Scott Rauland, Senior State Department Advisor

  • Sanctioning Human Rights Abusers and Kleptocrats under the Global Magnitsky Act

    The Global Magnitsky Act enables the United States to sanction the world’s worst human rights abusers and most corrupt oligarchs and foreign officials, freezing their U.S. assets and preventing them from traveling to the United States. Sanctioned individuals become financial pariahs and the international financial system wants nothing to do with them. Before proceeding, ask yourself: is Global Magnitsky right for my case? The language of the Global Magnitsky Act as passed by Congress was ex-panded by Executive Order 13818, which is now the implementing authority for Global Magnitsky sanctions. EO 13818 stipulates that sanctions may be considered for individuals who are engaging or have engaged in “serious human rights abuse” against any person, or are engaging or have en-gaged in “corruption.” Individuals who, by virtue of their rank, have ordered others to engage or have facilitated these acts also are liable to be sanctioned. Keep in mind that prior to the EO’s expansion of the language, human rights sanctions were limited to “gross violations of internationally recognized human rights” as codified in 22 USC § 2304(d)(1). The original language also stipulates that any victim must be working “to expose illegal activity car-ried out by government officials” or to “obtain, exercise, defend, or promote internationally recognized human rights and freedoms.” As for sanctions for corruption, it identifies “acts of significant corruption” as sanctionable offenses. This is generally thought to be a stricter standard than the EO’s term “corruption.” It may be worthwhile to aim for this higher standard to make the tightest case possible for sanctions. As a rule, reach out to other NGOs and individuals working in the human rights and anti-corruption field, especially those who are advocating for their own Global Magnitsky sanctions. Doing so at the beginning of the process will enable you to build strong relationships, develop a robust network, and speak with a stronger voice. Download the full guide to learn more. Contributor: Paul Massaro, Policy Advisor

Pages