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article
OSCE Human Dimension Implementation Meeting 2015
Friday, January 15, 2016“The Human Dimension” is OSCE-speak for human rights, democracy, and humanitarian concerns. When the Helsinki Final Act (HFA) was signed in Helsinki, Finland in 1975, it enshrined among its ten Principles Guiding Relations between participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the HFA included a section on cooperation regarding humanitarian issues that provided an umbrella for addressing (among other things) family reunification and working conditions for journalists. "The Human Dimension" was a term coined during the drafting of the 1989 Vienna Concluding Document to serve as shorthand to describe the human rights and humanitarian provisions of the agreements concluded within the framework of the Helsinki process. Today, it has come to include the OSCE’s watershed commitments on democracy, the rule of law, and free and fair elections. In any given year, the OSCE participating States address human dimension issues in multiple fora. The Human Dimension Implementation Meeting – HDIM – attracts the largest number of participants, covers the greatest range of issues, and is open to participation by civil society. That work includes formal sessions on the full range of human rights issues as well as rule of law, free elections, and democracy-building issues. National minorities, Roma, and tolerance and nondiscrimination are also on the agenda. U.S. Delegation Led by David Kramer The 2015 HDIM was held September 21 to October 2 and drew 1,386 participants. The U.S. delegation was led by David J. Kramer, Senior Director for Human Rights and Human Freedoms at the McCain Institute and former Assistant Secretary of State for Democracy, Human Rights, and Labor. It also included U.S. Ambassador to the OSCE Daniel Baer; Deputy Assistant Secretary of State for Democracy, Human Rights and Labor Robert Berschinksi; Department of State Special Advisor for International Rights Judith Heumann; and Helsinki Commission Senior Senate Staff Representative Ambassador David T. Killion. Helsinki Commission staff participated in all aspects of the delegation’s work. In addition to active engagement in the formal sessions, the United States participated in side events focused on specific countries or issues organized by civil society, OSCE participating States, or international organizations, and held numerous bilateral meetings with other delegations to raise and discuss human rights. Special Advisor Heumann led a panel highlighting the importance of disability rights for OSCE countries as part of a U.S. side event cosponsored with Finland. Russia: External Aggression and Internal Repression During the HDIM, Russia’s aggression in and against Ukraine was raised in connection with almost every agenda item for the meeting. The OSCE Office for Democratic Institutions and Human Rights (ODIHR) also issued a joint report prepared with the OSCE High Commissioner on National Minorities detailing widespread human rights violations in Russian-occupied Crimea. Increasing levels of repression within Russia also were raised throughout the HDIM and served to highlight the relationship between external aggression and internal repression. In early 2015, Boris Nemtsov, an advocate for the rule of law and accountability in Russia and an outspoken Russian critic of the Russian government’s war against Ukraine, was gunned down just outside the Kremlin. Russia’s increasingly repressive government has eroded the democratic institutions that ensure a government’s accountability to its people. A free and independent media is virtually nonexistent and the remaining state-controlled media is used to propagandize disinformation, fear, bigotry, and aggression. Azerbaijan’s Record Draws Sharp Criticism In 2015 Azerbaijan unilaterally shuttered the OSCE Mission in Baku, effectively blocked the OSCE’s independent election observation in October, and sentenced journalist-heroine Khadija Ismayilova to 7 ½ years in prison for reporting on government corruption. The government of Azerbaijan has also escalated pressure against the family members of its critics, in a further effort to stifle dissent. As a consequence, throughout the HDIM, Azerbaijan was the subject of singular attention and criticism. In one particularly sharp exchange with the moderator during the discussion of fundamental freedoms in the digital age, Azerbaijan challenged its critics to name at least 25 of an estimated 100 political prisoners. A partial list – 25 names – is below. Abilov, Abdul Aliyev, Intigam Aliyev, Nijat Akhundov, Rashadat Guliyev, Araz Hasanov, Nasimi Hashimli, Parviz Hazi, Seymur Ismayilova, Khadija Jabrayilova, Valida Jafarov, Rasul Karimov, Fara Mammadli, Anar Mammadov, Hilal Mammadov, Igar Mammadov, Omar Mirkadirov, Rauf Ramazanov, Rashad Rustamov, Aliabbas Rustamzada, Ilkin Seyidov, Elnur Yagublu, Tofig Yunusov, Arif** Yunus, Leyla** Zakharchenko, Irina **Leyla and Arif Yunus have been released from prison since the HDIM but remain under house arrest.
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article
Serbia Concludes Year-Long OSCE Chairmanship
Friday, January 15, 2016Four decades after the signature of the Helsinki Final Act, Serbian Foreign Minister Ivica Dacic presided over a Serbian chairmanship of the Organization for Security and Cooperation in Europe (OSCE) that kicked off with high expectations. As a successor to the only participating State ever suspended from OSCE decision-making for egregious violation of Helsinki standards (1992 to 2000), the ability of Serbia to chair the organization was a credit not only to the country, but also to the OSCE which provided significant guidance and engagement through the transition. Throughout Serbia’s chairmanship, the situation in Ukraine dominated the work of the OSCE participating States, including at the annual OSCE Parliamentary Assembly meeting. This overshadowed efforts to commemorate the Helsinki Final Act’s 40th anniversary, as the OSCE’s future was considered to hinge on the Minsk agreements and its response to the crisis in and around Ukraine. Ukraine Russia’s egregious violations of the Minsk agreement led to its collapse in January 2015. Minsk II, adopted in February 2015, represents a further attempt to de-escalate the war in the Donbas. After six months of non-implementation, a September 1 cease-fire has largely held, with considerably fewer casualties than earlier, although there has been an uptick in recent weeks. Heavy weapons are slowly being withdrawn from the line of contact. Nevertheless, the agreement remains extremely tentative as Russia and its separatist proxies continue to disregard the majority of its provisions: Special Monitoring Mission (SMM) access remains blocked in large portions of the Russian-led separatist-controlled territory; Russian forces and equipment remain on Ukrainian territory; Ukrainian control over its borders with Russia has not been restored. Furthermore, restrictions continue on humanitarian aid and Ukrainian hostages remain in Russian custody. Terrorism 2015 was also scarred by numerous terrorist attacks in the OSCE region, including incidents targeting Jewish institutions and free speech in Paris and Copenhagen in January and February; the bombing of a Russian civilian airliner over the Sinai Peninsula in October; an attack in Turkey just three weeks before November 1 snap elections; and multiple, simultaneous attacks again in Paris in November. On November 17, the Permanent Council adopted a declaration on the need to combat by all means, in accordance with the Charter of the United Nations and international law–including applicable international human rights, refugee and humanitarian law–threats to international peace and security caused by terrorist acts. Refugee Crisis Issues relating to the refugee crisis became more acute over the course of the year. In early June, the Serbian Chairmanship held a special human dimension event on refugees and internally displaced persons. On October 6, following significant increases of migrant flows into Europe, the Serbian Chairmanship convened an unprecedented joint meeting of the Permanent Council’s three committees (on military-security, economic and environmental cooperation, and the human dimension) to focus on the refugee-migrant crisis. Finally, many hoped that Serbia’s positive experience hosting a field mission would serve as an example to other participating States cooperating with OSCE field activity. Unfortunately, turned out not to be the case, as illustrated by the abrupt closure of the mission in Baku. In addition, Serbia – missed an opportunity in 2015 to more strongly exemplify OSCE norms by providing justice for the 1999 execution-style murders of the three Kosovar-American Bytyqi brothers, a key issue in U.S.-Serbian relations.
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article
What is the OSCE Doing in Ukraine?
Friday, January 15, 2016In Ukraine, the OSCE monitors the cease-fire, weapons withdrawal, and overall security situation in eastern Ukraine. In addition, the OSCE has observed local elections and reports on widespread human rights violations in Russian-occupied Crimea. Special Monitoring Mission (SMM) Mandate adopted by consensus on March 21, 2014 and extended until March 31, 2016 634 international monitors as of November 18, 2015 Posts daily updates at OSCE.org Has encountered episodes of hostage-taking and been fired upon OSCE Observer Mission at the Russian Checkpoints Gukovo and Donetsk Mandate adopted by consensus on July 24, 2014 Gathers information and reports on the security situation at the two checkpoints Minsk Agreement Adopted September 5, 2014, by Russia, Ukraine, and Russian-backed separatists under OSCE auspices OSCE tasked with monitoring its implementation, including the cease-fire and weapons withdrawal Minsk II Adopted February 11, 2015 Continues work of Minsk agreement OSCE Election Observation Observed local elections in 2015 Joint report by ODIHR & HCNM on Russian-occupied Crimea ODIHR and HCNM report released September 17, 2015, identifies widespread human rights violations
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statement
Marking 20 Years Since the Signing of the Dayton Peace Accords
Thursday, November 19, 2015Mr. SMITH of New Jersey. Mr. Speaker, November 21 will mark the 20th anniversary of the Dayton Agreement, which ended the conflict in Bosnia-Herzegovina from 1992 to 1995. As a member and later Chairman of the Helsinki Commission, I remember those events vividly—many Bosnians and Serbs testified before the Helsinki Commission in the 1990s (including victims of human rights abuses and human rights defenders) and some have since played leading roles as elected officials. In 1991, Frank Wolf and I visited Vukovar in neighboring Croatia while it was still under siege. With a group of other Helsinki Commissioners and Members of Congress, I urged a decisive international response under U.S. leadership from the very beginning of the war. In 1995 we spearheaded a movement to lift the arms embargo on Bosnia, so that it would not present such an inviting target to Serb militias. Sadly the embargo was lifted too late for the Bosniaks in Srebrenica. Just last month I met with a group of young Bosniaks belonging to Voices of the Bosnian Genocide. It was so moving to meet with these young people—many of them were from Srebrenica—and to learn how many of them had taken up work or study that sought to bring some good out of the horrors of 1995. Many studied human rights law, or conflict resolution, or medicine. Their lives were shaped not only by Srebrenica but also by Dayton, which brought an end to the killing. Yet as public officials we have a responsibility to remember that robust action earlier in the conflict could have saved many more lives and produced better prospects for the future. Twenty years later, this Dayton anniversary offers the opportunity to assess what has been achieved in Bosnia-Herzegovina. The agreement should rightly be remembered for restoring a peace that has held to this day, and for ensuring the sovereignty, unity and territorial integrity of Bosnia-Herzegovina. Dayton gave the country time to begin to heal from a horrific conflict infamous for ethnic cleansing and atrocities against innocent civilians, including the genocide at Srebrenica— which we remembered with the unanimous passage of House Resolution 310 this past July—as well as the shelling of Sarajevo and other urban centers, and the rape and death camps established by Serb militant forces at the beginning of their aggression. In this small country, over two million were displaced by the conflict, more than 100,000 were killed, and tens of thousands were raped or tortured. Scars made by crimes of this scale still remain. Dayton was a central part of an effort that helped the international community transition from a world divided between East and West in order to meeting post-Cold War challenges, including the extreme and violent nationalism and its inherent hatred for others which manifested itself elsewhere in the Balkans and Europe. For the first time since World War II, an international tribunal was established to hold persons accountable for war crimes, crimes against humanity and genocide. Determining the fate of missing persons, using new technology such as satellite photography to locate mass graves and DNA testing to identify remains, became a priority. The NATO Alliance, previously confined to the borders of its member states, expanded its security role to operate ‘‘out of area,’’ first to restore peace and then to keep it. The Organization for Security and Cooperation in Europe also evolved to include significant field operations and new mandates ranging from election observation to police training. These developments remain relevant today. As we commemorate the accomplishments of Dayton, Mr. Speaker, we also must remember that the people of Bosnia-Herzegovina must live in its wake. It is my hope that, at the 30th anniversary of the end of the conflict, Bosnia will have made more progress and we will have more to celebrate.
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statement
The Russian Government Violates Its Security, Economic, Human Rights Commitments and Agreements
Thursday, October 22, 2015Mr. Speaker, yesterday I chaired a hearing of the Helsinki Commission that examined the Russian government’s repeated violations of its international security, economic, and human rights commitments. In accord with the three dimensions of security promoted by the OSCE and the Helsinki Final Act of 1975, the Commission looked at Russia’s respect for the rule of law through the lens of three ‘‘case studies’’ current to U.S.-Russian relations—arms control agreements; the Yukos litigation; and instances of abduction, unjust imprisonment, and abuse of prisoners. Forty years after the signing of the Helsinki Final Act, we face a set of challenges with Russia, a founding member of the organization, that mirror the concerns that gave rise to the Helsinki Final Act. At stake is the hard-won trust between members—now eroded to the point that armed conflict rages in the OSCE region. The question is open whether the principles continue to bind the Russian government with other states in a common understanding of what the rule of law entails. In respect of military security, under the 1994 Budapest Memorandum Russia reaffirmed its commitment to respect Ukraine’s independence, sovereignty, and existing borders. Russia also committed to refrain from the threat or use of force or economic coercion against Ukraine. There was a quid pro quo here: Russia did this in return for transferring Soviet-made nuclear weapons on Ukrainian soil to Russia. Russia’s annexation of Crimea and subsequent intervention in the Donbas region not only clearly violate this commitment, but also every guiding principle of the 1975 Helsinki Final Act. It appears these are not isolated instances. In recent years, Russia appears to have violated, undermined, disregarded, or even disavowed fundamental and binding arms control commitments such as the Vienna Document and binding international agreements, including the Conventional Forces in Europe (CFE), Intermediate Nuclear Forces (INF), and Open Skies treaties. In respect of commercial issues, the ongoing claims regarding the Russian government’s expropriation of the Yukos Oil Company are major tests facing the Russian government. In July 2014, GML Limited and other shareholders were part of a $52 billion arbitration claim awarded by the Hague Permanent Court of Arbitration and the European Court of Human Rights (ECHR). In response, the Russian government is threatening to withdraw from the ECHR and seize U.S. assets should American courts freeze Russian holdings on behalf of European claimants, while filing technical challenges that will occupy the courts for years to come. All of this fundamentally calls into question Russia’s OSCE commitment to develop free, competitive markets that respect international dispute arbitration mechanisms such as that of the Hague. I note that U.S. Yukos shareholders are not covered by the Hague ruling for their estimated $6 billion in losses. This is due to the fact that the United States has not ratified the Energy Charter Treaty, under which European claimants won their case, as well as the continued absence of a bilateral investment treaty with Russia. This has handicapped U.S. investors in Russia’s energy sector, leaving them solely dependent of a State Department espousal process with the Russian government. We were all relieved to learn that Mr. Kara-Murza is recovering from the attempt on his life—by poisoning—in Russia earlier this year. His tireless work on behalf of democracy in Russia, and his personal integrity and his love of his native country is an inspiration—it is true patriotism, a virtue sadly lacking among nationalistic demagogues. Sadly, the attempt on Mr. Kara-Murza’s life is not an isolated instance. Others have been murdered—most recently Boris Nemtsov—and both his and Mr. Kara-Murza’s cases remain unsolved. In other cases, such as the abductions, unjust imprisonments, and abuses of Nadiya Savchenko, Oleg Sentsov, and Eston Kohver, we are dealing the plain and public actions of the Russian government. Nadiya Savchenko, a Ukrainian pilot and elected parliamentarian, was abducted by Russian government agents, imprisoned, subjected to a humiliating show trial, and now faces 25 years in prison for allegedly murdering Russian reporters—who in fact were killed after she was in Russian custody. Meanwhile, a Russian court has sentenced Ukrainian film director Oleg Sentsov on charges of terrorism. Tortured during detention, Sentsov’s only transgressions appear to be his refusal to recognize Russia’s annexation of the peninsula and his effort to help deliver food to Ukrainian soldiers trapped on their Crimean bases by invading Russian soldiers. And the kidnaping and subsequent espionage trial against Estonian law enforcement officer Eston Kohver demonstrates the Russia’s readiness to abuse its laws and judicial system to limit individual freedoms both within and beyond its borders. The Magnitsky Act that I had the honor to co-sponsor was in part meant to address human rights abuses such as these. It sanctions those involved in the abuse, and works to discourage further human rights violations while protecting those brave enough to call attention to their occurrence. It troubles me greatly to hear that the Administration’s listings of sanctioned individuals has thus far only targeted ‘minor players,’ rather than those who pull the strings.
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press release
Helsinki Commission Chair Chris Smith Shines Light on Egregious Rule-of-Law Abuses by Russian Government
Wednesday, October 21, 2015WASHINGTON—At a Congressional hearing today, the U.S. Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, spotlighted the many recent violations of the rule of law committed by the Russian government. “Forty years after the signing of the Helsinki Final Act, we face a set of challenges with Russia, a founding member of the organization, that mirror the concerns that gave rise to the Helsinki Final Act,” said Helsinki Commission Chairman Rep. Chris Smith (NJ-04), who called the hearing. “At stake is the hard-won trust between members, now eroded to the point that armed conflict rages in the OSCE region. The question is open whether the principles continue to bind the Russian government with other states in a common understanding of what the rule of law entails.” “Russia’s annexation of Crimea and subsequent intervention in the Donbas region not only clearly violate this commitment, but also every guiding principle of the 1975 Helsinki Final Act. It appears these are not isolated instances. In recent years, Russia appears to have violated, undermined, disregarded, or even disavowed fundamental and binding arms control commitments,” Smith continued. “[I also] question Russia’s OSCE commitment to develop free, competitive markets that respect international dispute arbitration mechanisms...[and recent government actions] demonstrate Russia’s readiness to abuse its laws and judicial system to limit individual freedoms both within and beyond its borders.” Witness testimony highlighted case studies corresponding to each of the three dimensions of comprehensive security established by the Organization for Security and Cooperation in Europe (OSCE): politico-military security; economic and environmental security; and human rights and fundamental freedoms. Tim Osborne, executive director of GML Ltd., the majority owner of the now-liquidated Yukos Oil Company, said, “It is clear that the Russian Federation is not honoring its obligations and commitments under the rule of law or in a manner consistent with the Helsinki process. Russia’s tendency, more often than not, has been to ignore, delay, obstruct or retaliate when faced with its international law responsibilities…Russia cannot be trusted in international matters and that even when it has signed up to international obligations, it will ignore them if that is what it thinks serves it best.” “Russia had engaged in the uncompensated expropriation of billions of dollars of U.S. investments in Yukos Oil Company,” observed former U.S. Under Secretary of State for Economic, Business and Agricultural Affairs Ambassador Alan Larson. “American investors—who owned about 12 percent of Yukos at the time of the expropriation—have claims worth over $14 billion, and they are entitled to compensation under international law even though they have no option for bringing claims directly against the Russian Federation.” Vladimir Kara-Murza, a well-known Russian activist and the coordinator of the Open Russia Movement, said, “Today, the Kremlin fully controls the national airwaves, which it has turned into transmitters for its propaganda…the last Russian election recognized by the OSCE as conforming to basic democratic standards was held more than 15 years ago.” “There are currently 50 political prisoners in the Russian Federation,” Kara-Murza continued. “These prisoners include opposition activists jailed under the infamous ‘Bolotnaya case’ for protesting against Mr. Putin’s inauguration in May 2012; the brother of anti-corruption campaigner Alexei Navalny; and Alexei Pichugin, the remaining hostage of the Yukos case.” “A clear pattern emerges when one looks at Russia’s implementation of its arms control obligations overall,” observed Stephen Rademaker, former Assistant Secretary of State for Arms Control and International Security and Nonproliferation. “Should Moscow conclude such agreements have ceased to serve its interest, it will ignore them, effectively terminate them, violate them while continuing to pay them lip service, or selectively implement them…Russia believes that this is how great powers are entitled to act, and today Moscow insists on acting and being respected as a great power.” Chairman Smith was joined at the hearing by a panel of lawmakers including Commission Co-Chairman Senator Roger Wicker (MS) and Representative Robert Aderholt (AL-04).
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press release
Smith Calls for Action on Worst Refugee Crisis in Europe since WWII
Tuesday, October 20, 2015WASHINGTON—At a hearing convened today by the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, Chairman Chris Smith (NJ-04) and other lawmakers scrutinized actions being taken to deal with Europe’s largest refugee crisis since World War II by the United States, European governments, regional bodies like the OSCE and the EU, and civil society. The Commission also reviewed recommendations on developing a long-term solution to the crisis. “The European crisis requires a response that is European, national, and international. There must be effective coordination and communication directly between countries as well as through and with entities like the OSCE and European Union,” said Rep. Smith, who called today’s hearing. “There is real human need and desperation. Refugees are entrusting themselves to smugglers and where there is human smuggling there is a higher risk of human trafficking,” he continued. “There is also the real threat that terrorist groups like ISIS will infiltrate these massive movements of people to kill civilians in Europe and beyond. I am deeply concerned that the screening at many European borders is inadequate and putting lives at risk. All of us must be responsive to the humanitarian needs without compromising one iota on security.” Smith said that “given the disproportionate number of men fleeing to Europe and potentially soon to the United States – currently only 14 percent of the refugees and migrants arriving via the Mediterranean Sea are women, 20 percent are children, and the remaining 65 percent are men – robust vetting is essential. We must ensure that lone wolf terrorists don’t turn into wolf packs.” Smith noted that during the conflict in Kosovo, he travelled to Stenkovec refugee camp in Macedonia and was at the McGuire Air Force Base in New Jersey to welcome some of the 4,400 people brought from there to the United States. A refugee – Agron Abdullahu – was apprehended and sent to jail in 2008 for supplying guns and ammunition to the “Fort Dix 5,” a group of terrorists who were also sent to prison for plotting to kill American soldiers at the Fort Dix military installation. Given Secretary Kerry’s announcement in September that the United States intended to resettle at least 85,000 refugees in fiscal year 2016, including at least 10,000 Syrians, and at least 100,000 refugees in fiscal year 2017, “The United State and Europe must be on high alert to weed out terrorists from real refugees,” Smith said. He added, “ISIS has committed genocide, mass atrocities, and war crimes, against Christians and other minorities. Religious and ethnic minorities often have additional risks and vulnerabilities even as refugees and should be prioritized for resettlement.” Witnesses testifying at the hearing focused on the root causes of the refugee crisis as well as the current measures being put into place to help mitigate the humanitarian impact and ensure that security and economic challenges are addressed. In addition, witnesses emphasized the importance of a shared and coordinated response by all actors involved to ensure a long-term solution to the crisis. “It’s a very challenging situation,” said Anne Richard, Assistant Secretary of State for Population, Refugees, and Migration. “The scale of this migration is much bigger than before.” “The US government has a three-pronged approach: strong levels of humanitarian assistance; active diplomacy; and expanded refugee resettlement,” she continued. “Without our support, more people would be making the dangerous journey to the north.” “Europe is facing its biggest refugee influx in decades. UNHCR is calling upon the European Union to provide an immediate and life-saving response to the thousands of refugees as they are crossing the Mediterranean and making their way through Europe,” said Shelly Pitterman, Regional Representative to the United States and Caribbean, Office of the United Nations High Commissioner for Refugees. “Europe can no longer afford to continue with this fragmented approach that undermines efforts to rebuild responsibility, solidarity and trust among states, and is creating chaos and desperation among thousands of refugee women, men and children. After the many gestures by governments and citizens across Europe to welcome refugees, the focus now needs to be on a robust, joint European response.” “The ongoing refugee crisis is not a European crisis. It is a global crisis, fueled by conflicts, inequality and poverty, the consequences of which unfolded in Europe but the roots of which are far away from our continent,” noted EU Ambassador to the United States David O’Sullivan. “The EU and its Member States are firmly committed to the promotion and protection of the human rights of migrants. Despite the influx, we do not remove or return genuine refugees, we respect the fundamental rights of all persons arriving in the EU, and we invest major resources in saving lives at sea.” Djerdj Matkovic, Ambassador of the Republic of Serbia to the United States, said, “The OSCE region is witnessing the largest refugee influx in decades. Apart from being a significant economic challenge, this is a process with potentially very serious security implications and the cause of concern in regards to the respect for human rights… As the presiding country [of the OSCE] Serbia recognizes the importance of this issue and is trying to provide more active and concrete approach of the OSCE in addressing it. In light of this bleak security situation and looming instability, it is paramount that all the mechanisms that were designed and adopted by the participating States to oversee the implementation of commitments are strong and functioning.” Sean Callahan, chief operating officer of Catholic Relief Services, observed, “As global leaders in international humanitarian and refugee response, the US and Europe must find new and creative ways to help to alleviate this suffering and protect the vulnerable. Pope Francis has led in this effort to do more by asking every Catholic parish in Europe to reach out and assist the refugees; he reminds us of our moral obligation to help the stranger... Despite efforts by [international NGOs] like CRS, local civil societies, governments, and non-traditional donors, the despair of so many refugees indicates that assistance must move beyond short-term band-aids to longer-term solutions.” Chairman Smith was joined at the hearing by a bipartisan group of lawmakers, including Senator John Boozman (AR), Senator Jeanne Shaheen (NH), Representative Michael Burgess (TX-26), Representative Randy Hultgren (IL-14), and Representative Joe Pitts (PA-16).
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hearing
Europe's Refugee Crisis: How Should the US, EU and OSCE Respond?
Tuesday, October 20, 2015This hearing, held on October 20, 2015, discussed possible responses to the Syrian refugee crisis. Witnesses, including representatives from the American and Serbian governments, the UNHCR, the European Union, and non-profit groups working with refugees, highlighted the scale and intensity of the crisis. Many of the witnesses also emphasized the need for cooperation among governments and between governments and non-profit organizations in addressing this crisis.
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press release
Helsinki Commission Announces Hearing to Examine Europe's Refugee Crisis
Tuesday, October 13, 2015Europe is experiencing an enormous refugee crisis. An estimated half a million migrants and refugees have crossed the Mediterranean to Europe so far in 2015; as many as 50 percent are Syrian refugees. Thousands more join them each day, and many of the European nations of the Organization for Security and Cooperation in Europe (OSCE) are struggling to cope.
As the regional security organization in Europe, how can the OSCE use its tools, standards, and commitments to help manage the humanitarian crisis and ensure that security and economic challenges are addressed? What has the US government done, and what should it be doing? The hearing will examine the reasons for the current crisis; relevant OSCE and other European agreements, commitments, and structures; the response of the OSCE, the EU, and the US; potential security issues related to the ability of extremists to infiltrate the refugee stream; and the potential for refugees to become victims of human trafficking. -
publication
Bipartisan Congressional Delegation Represents US at OSCE Parliamentary Assembly; Also Visits Ukraine, Czech Republic
Monday, August 17, 2015Forty years after the signing of the Helsinki Final Act established the precursor to today’s Organization for Security and Cooperation in Europe (OSCE), five members of the Helsinki Commission and four other members of Congress traveled to the OSCE Parliamentary Assembly Annual Session in Helsinki to demonstrate the U.S. commitment to confronting Russian aggression in Ukraine and elsewhere. Led by Commission Co-Chairman Senator Roger F. Wicker (MS), the bicameral, bipartisan delegation organized by the Helsinki Commission included Commission Chairman Representative Chris Smith (NJ- 04); House Commissioners Robert B. Aderholt (AL-04), Steve Cohen (TN-09) and Alan Grayson (FL-09); and Representatives Gwen Moore (WI-04), Michael Fitzpatrick (PA-08), Richard Hudson (NC-08) and Ruben Gallego (AZ-07). Before attending the Annual Session from July 5 to 7, several members of the delegation also visited Ukraine and the Czech Republic. A central concern to the delegation throughout the trip was Russia’s restrictions on democracy at home and aggression in Ukraine, along with Russia’s threat to European security.
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press release
Chairman Smith and Serbian Foreign Minister Support OSCE Role in Promoting Peace in Ukraine
Thursday, February 26, 2015WASHINGTON–On February 25, Rep. Chris Smith (NJ-04), Chairman of the Helsinki Commission, held a hearing at which Ivica Dacic, the Foreign Minister of Serbia and Chairman-in-Office of the Organization for Security and Cooperation in Europe (OSCE), testified as to his plans for Serbia’s 2015 leadership of the OSCE. The chief issue facing the organization is Russia’s invasion of Ukraine and the humanitarian needs of the people of eastern Ukraine, including the OSCE’s role in monitoring the Minsk cease-fire agreement. Both Russia and Ukraine are among the 57 member states of the OSCE, the world’s largest regional security organization. Opening the hearing, Chairman Smith said that Foreign Minister Dacic’s leadership of the OSCE “comes at a moment of tragedy, of tremendous human suffering.” Smith emphasized that “one OSCE member – the Russian government – is tearing the heart out of a neighboring member, Ukraine.” “Understanding that the OSCE is a consensus organization – meaning that the Russian government has an effective veto over many significant actions – we believe that the OSCE is still able and responsible to speak the truth about the conflict, to find ways to limit it, and to help the people of Ukraine,” he said. Foreign Minister Dacic emphasized that “the Serbian Chairmanship will make every effort to help restore peace in Ukraine.” In its role as Chairman of the OSCE, Dacic said, “Serbia brings to the table good relations with all the key stakeholders, and we are making every effort to serve as an honest broker and use our leadership role to utilize the OSCE toolbox impartially and transparently.” Foreign Minister Dacic also discussed the fight against human trafficking and anti-Semitism with Chairman Smith. Other members of the Helsinki Commission participating in the hearing included Senator Ben Cardin, and Congressmen Joe Pitts, Alcee Hastings, and Steve Cohen.
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hearing
Serbia's Leadership of the OSCE
Wednesday, February 25, 2015In 2015 Europe was faced with a number of security and human rights concerns, especially with regard to Russian aggression in Ukraine. In this hearing, OSCE Chairman-in-Office Ivica Dačić testified to several Commissioners about Serbia's plans for leadership of the OSCE in 2015. He noted that in addition to persistent efforts supporting Ukraine's security and territorial integrity, they would place a special emphasis on strengthening rule of law, freedom of expression, and freedom of the media. Mr. Dačić also emphasized that the active engagement of the United States within the OSCE is critical to the organization's effectiveness.
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press release
Chairman Smith Urges OSCE Leaders: Respond to Humanitarian Needs in Eastern Ukraine
Wednesday, February 25, 2015WASHINGTON—A renewed effort is underway in the Organization for Cooperation for Security and Cooperation in Europe (OSCE) to urge it to respond to humanitarian needs in eastern Ukraine, and to follow through on OSCE commitments to fight human trafficking and anti-Semitism. Rep. Chris Smith (NJ-04) led the U.S. Delegation to the annual Winter Meeting of the OSCE Parliamentary Assembly (OSCE PA) last week in Vienna, where he spearheaded this push. Smith expressed particular concern about the potential for human trafficking of vulnerable groups stemming from the current conflict in Ukraine. In a question to Ivica Dačić, the OSCE’s Chairman-in-Office for 2015 and the Foreign Minister of Serbia, Smith drew attention to the needs of internally displaced persons and the potential for human trafficking in eastern Ukraine. He noted that, among the nearly one million internally displaced persons, woman and children are particularly vulnerable to trafficking, and raised concerns that criminal gangs are taking advantage of the conflict: “Is the OSCE equipping the special monitoring mission and other OSCE entities working in the Ukraine conflict zone, or with IDPs, to recognize and protect human trafficking victims, and is the OSCE taking trafficking prevention measures for this particular vulnerable population?” At a private meeting during the event, Chairman Smith met with Chairman-in-Office Dačić to discuss the humanitarian, human rights, and security concerns arising from the Russian-backed conflict in eastern Ukraine. Smith encouraged Serbia to vigorously uphold the commitments made at the at the 10th anniversary of the OSCE's Berlin Conference on anti-Semitism, and to review and reform the OSCE’s contracting regulations to ensure that OSCE activities do not contribute to trafficking in persons. He also urged Chairman-in-Office Dačić to promote an appropriate commemoration by the OSCE of the 20th anniversary of the Srebrenica genocide. Chairman Smith also met the Director of the OSCE’s Office of Democratic Institutions and Human Rights, Michael Georg Link. In addition to human trafficking and anti-Semitism, the two discussed OSCE election observation missions, as well as the organization’s current efforts to protect freedom of religion. In a meeting with Ambassador Madina Jarbussynova, the OSCE Special Representative and Coordinator for Combating Trafficking in Human Beings, Chairman Smith spoke about the most effective ways to fight human trafficking and assist with the rehabilitation of trafficking victims – including by working with faith-based organizations, as well as by encouraging participating States to adopt legislation preventing child sex tourism, such as Chairman Smith’s legislation currently pending in the U.S. Senate. Chairman Smith has pioneered OSCE engagement in fighting human trafficking and anti-Semitism. Since 2004, he has served as the OSCE PA’s Special Representative on Human Trafficking Issues – click here to read his most recent report. Starting in 2002, Smith led the movement to put anti-Semitism on the agenda of the OSCE, and he continues to work closely with Rabbi Andy Baker, the OSCE’s Representative on Combating Anti-Semitism, to ensure a more vigorous implementation of OSCE commitments in the area. In 2005 Smith authored H. Res. 199, a landmark congressional resolution recognizing the atrocity at Srebrenica in which an estimated 8,000 civilian men and boys were murdered by Serb forces as a genocide.
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press release
Serbian Minister of Foreign Affairs to Testify at Helsinki Commission Hearing
Wednesday, February 18, 2015WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “Serbia’s Leadership of the OSCE” Wednesday, February 25, 2015 2:30PM Rayburn House Office Building Room 2200 Serbia’s 2015 Chairmanship-in-Office of the 57-nation Organization for Security and Cooperation in Europe (OSCE) comes at a pivotal point in European security. The OSCE, a regional security organization based known for its work in promoting democracy, human rights, and the rule of law, operates on the front lines of Russia-Ukraine conflict and seeks to counter backsliding on human rights in other countries of the OSCE region. Serbia’s First Deputy Prime Minister and Minister of Foreign Affairs, H.E. Ivica Dačić, will testify before the Helsinki Commission in his capacity as Chairman-in-Office of the OSCE. He takes the helm to conclude the implementation of a joint leadership plan developed with Switzerland, which chaired the OSCE in 2014. Minister Dačić is expected to discuss the Serbian Chairmanship-in-Office’s priorities, including resolution of the conflict in and around Ukraine; reconciliation and cooperation in the Western Balkans; reforming security sector governance; combating transnational threats, including foreign terrorist fighters, terrorism, and cyber-security; safeguarding journalists; fostering freedom of expression, assembly, and association; combating organized crime and its linkages to human trafficking; combating corruption; and improving water governance. He will also provide insights regarding the ongoing work of the OSCE.
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press release
Rep. Chris Smith, Sen. Roger Wicker to Lead Helsinki Commission
Wednesday, February 04, 2015WASHINGTON—Rep. Chris Smith (NJ-04) has been appointed by Speaker of the House John Boehner as chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, during the 114th Congress. Senator Roger Wicker (MS) has been appointed by Senate Majority Leader Mitch McConnell to co-chair the Commission. “Today, the principles enshrined in the Helsinki Final Act are under attack. The Russian government is blatantly violating the territorial integrity of Ukraine,” said Chairman Smith. “More than 20 million people are trafficked each year for sexual or other forms of exploitation. Journalists in the OSCE region are being imprisoned, tortured, and even murdered for exposing corruption or publishing controversial pieces. In Europe, violent anti-Semitism is again rearing its ugly head, and in some OSCE countries religious people face restrictions and even persecution merely for practicing their faith.” “The United States must advocate much more vigorously for those who are victims and are voiceless. As the chair of the bipartisan, bicameral Helsinki Commission, I look forward to working with my fellow Commissioners to promote human rights and fundamental freedoms and to safeguard the principles shared by the 57 participating States of the OSCE,” said Chairman Smith, who has been an active member of the Helsinki Commission since 1983. “I am pleased to join Chairman Smith and the other members of the Helsinki Commission in defending democratic values and the rule of law,” said Co-Chairman Wicker. “Peace and security are under threat in the wake of escalating Russian aggression – impacting our economic and strategic interests in the region. This situation calls for a unified response from the United States and our OSCE partner countries. We should work together to ensure a safe, free, and prosperous Europe for this generation and those that follow.” Chairman Smith has previously chaired the Commission and serves as a member of the OSCE Parliamentary Assembly (PA), which facilitates inter-parliamentary dialogue among the 57 participating States; he is also the OSCE PA’s Special Representative on Human Trafficking Issues. Senator Wicker also serves as a member of the OSCE PA, where he chairs the Committee on Political Affairs and Security.
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press release
Chairman Smith and Rep. McGovern Introduce “Global Magnitsky Human Rights Accountability Act”
Friday, January 30, 2015WASHINGTON—Rep. Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, and Rep. Jim McGovern (MA-02), today introduced the “Global Magnitsky Human Rights Accountability Act” (H.R. 624). The bill prohibits foreign human rights offenders and corrupt officials operating anywhere in the world from entering into the United States and blocks their U.S. assets. It effectively globalizes and strengthens the “Sergei Magnitsky Rule of Law Accountability Act of 2012,” which was directed at individuals and entities from Russia. “The ‘Global Magnitsky Human Rights Accountability Act’ is a game-changer, and demonstrates America’s commitment to protecting human rights worldwide,” said Chairman Smith. “We are sending a message to the world’s worst human rights violators: we will shine a spotlight on your crimes. We will deny your visas. We will freeze your assets. No matter who you are or how much money you have, you won’t be enjoying the fruits of your misdeeds by visiting the United States or taking advantage of our financial institutions.” “We have made important progress in the last few years,” Rep. McGovern said. “But since the introduction of the original Magnitsky Act, human rights defenders and anti-corruption activists worldwide have urged us to pass a law that covers similar violations in countries other than Russia. Through the Global Magnitsky Act, we can better standardize our approach to human rights violators and provide clear guidance to the executive branch on how we expect these perpetrators to be held accountable.” “Conscripting child soldiers, kidnapping political opponents, and brutalizing people based on their religion are horrifying acts for which people must be held accountable – and this bill will do it,” said Chairman Smith. “The earlier Magnitsky Act enjoyed overwhelmingly bipartisan support in both the House and the Senate. I expect the Global Magnitsky Act to move forward with the same level of commitment in both chambers, and on both sides of the aisle.” Earlier this week, Senators Ben Cardin (MD) and John McCain (AZ) introduced similar legislation in the Senate, which also applies worldwide and employs visa bans and property freezes. Unique aspects of the House bill include the requirement that the President impose sanctions if he or she determines that a foreign person has committed gross human rights offenses. The bill also permits the President to sanction perpetrators regardless of whether the victims were exercising or defending basic human rights; requires that the annual Global Magnitsky List be released each year on Human Rights Day; and directs the Comptroller General to assess and report on implementation. Both the “Global Magnitsky Human Rights Accountability Act” and the earlier “Sergei Magnitsky Rule of Law Accountability Act of 2012” were inspired by Russian lawyer Sergei Magnitsky, who was arrested and imprisoned by the Russian government following his investigation into fraud involving Russian officials. He was beaten to death by prison guards in 2009 after being held in torturous conditions for 11 months without trial. Summary: The “Global Magnitsky Human Rights Accountability Act” This act requires the President to publish and update a list of foreign persons or entities that the President determines are responsible, and who the President has sanctioned, for gross violations of internationally recognized human rights – including extrajudicial killings, torture, enforced disappearances, and prolonged, arbitrary detention – or significant corruption. Known as the Global Magnitsky List, the list will be due annually on December 10 (Human Rights Day). Although the bill directs the President to prioritize cases where the victims were seeking to exercise or defend internationally recognized human and rights and freedoms, like freedom of religious, assembly, and expression, or expose illegal government activity, the President can act regardless of the victim. Sanctions on these individuals and entities will include: Prohibiting or revoking U.S. visas or other entry documentation for foreign individuals. Freezing and prohibiting U.S. property transactions of a foreign individual or entity if such property and property interests are in the United States; come within the United States; or are in, or come within, the control of a U.S. person or entity. This act also requires the Comptroller General of the United States to assess the implementation of the law and report to Congress, so that Congress can ensure it is being executed fully.
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publication
OSCE Must Act on Anti-Semitism
Monday, December 08, 2014Germany, in cooperation with the Swiss Chairmanship of the Organization for Security and Cooperation in Europe (OSCE) and the OSCE Office for Democratic Institutions and Human Rights (ODIHR), held the Berlin Tenth Anniversary Conference on Anti-Semitism on November 12-13, 2014, against the backdrop of the ongoing Ukraine-Russia conflict. The Conference was set to be a commemorative meeting acknowledging government efforts to combat anti-Semitism over the past decade. However, the recent rise in anti-Semitic incidents such as those that resulted in deaths in Kansas, Brussels, and Toulouse earlier this year, dictated that the meeting focus on a way forward to address current problems. Although the Conference attracted a notably lower level of attendance than it did a decade earlier, participants identified key opportunities for coalition development and OSCE action in the years to come. The Conference was attended by some 550 participants (including approximately 200 civil society representatives), and featured high-level panelists and speakers including Ambassador Samantha Power, United States Ambassador to the United Nations; Miroslav Lajcák, Slovak Republic Deputy Prime Minister and Minister of Foreign and European Affairs; Lynne Yelich, Minister of State of Canada; Paavo Lipponen, Former Prime Minister of Finland; and Tzachi Hanegbi, Deputy Minister of Foreign Affairs of the State of Israel.
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press release
Helsinki Commission Chairman Urges Russia to Cease Blatant Violations of OSCE Principles
Friday, December 05, 2014WASHINGTON—On the conclusion of the December 4-5 OSCE Ministerial Council in Basel, Switzerland, U.S. Helsinki Commission Chairman Senator Ben Cardin (MD) issued the following statement: “The OSCE Ministerial this year has been exceptional. I welcome the fact that an overwhelming majority of OSCE countries condemned the unlawful occupation of Crimea, defended the sovereignty and territorial integrity of Ukraine, and called for Russia to end its support for violence in eastern Ukraine. Russia’s illegal activities in Ukraine have violated the most fundamental principles of the Helsinki Final Act, on which the OSCE is based. “Moving forward, the OSCE must focus on the implementation of its core commitments. The OSCE PA has spoken to this issue by passing a resolution I introduced in July, calling on Russia to cease its clear, gross, and uncorrected violations of Helsinki principles, not only in Ukraine but regarding other neighbors and at home as well. “Other serious human rights concerns in the OSCE region were spotlighted by the absence of some leading figures from this year’s Ministerial meeting. “While Turkmenistan’s current ambassador to the OSCE addressed his counterparts in Basel, the fate of his predecessor, Batyr Berdiev – as well as some 100 other prisoners – remains unknown. I welcome the Swiss Chairmanship’s efforts to address the issues of torture and enforced disappearances during their chairmanship and call on Turkmenistan to tell the families of Ambassador Berdiev and the other disappeared persons what has happened to their loved ones. “In addition, Rasul Jafarov was prevented from leading a civil society discussion on freedom of expression in Basel. Jafarov remains imprisoned in Azerbaijan in retaliation for his activism. Eldeniz Hajiyev, another human rights activist, was unable to travel to Basel because she is under house arrest in Baku. I commend the 43 OSCE countries which worked to advance an OSCE decision on freedom of expression and urge Azerbaijan to cease its flagrant persecution of independent civil society activists.”
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publication
Bipartisan U.S. Delegation Defends Ukraine, Raises Concerns about Russia at OSCE Parliamentary Session
Wednesday, December 03, 2014From June 27 to July 3, 2014, a bicameral, bipartisan delegation of eight Members of Congress represented the United States at the annual session of the OSCE’s 57-nation Parliamentary Assembly in Baku, Azerbaijan. The delegation, which was organized by the U.S. Helsinki Commission, also made side visits to Georgia and Moldova. The congressional delegation was led by the Commission Chairman, Senator Ben Cardin (MD), while the Co-Chairman, Representative Chris Smith (NJ-04) was head of delegation at the Assembly session. The Commission’s Ranking Senator, Roger Wicker (MS) and House Commissioners Robert Aderholt (AL-04) and Phil Gingrey (GA-11) also participated, along with Senator Tom Harkin (IA) and Representatives David Schweikert (AZ-06) and Adam Schiff (CA-28). A central concern at the Assembly meeting, as well as during bilateral interaction with the authorities and people of Azerbaijan, Georgia, and Moldova, was Russian Federation’s annexation of Crimea and its incursions into eastern Ukraine. The congressional delegation was highly critical of Moscow’s attempt to reassert its domination over the affairs of its neighbors more than two decades after the Soviet Union’s collapse, and it reassured friends and allies of the deep and continuing commitment of the United States to security and cooperation in Europe and throughout the OSCE region.
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statement
Statement on Tragic Synagogue Slayings
Thursday, November 20, 2014Mr. President, I know I express the sentiments and outrage of every Member of this body about the tragic events in Israel this past Tuesday where those in a synagogue were brutally slain. It was a shock to all of us--in a synagogue, in a place of worship, people there praying and studying, and their lives were brutally ended. Let me just mention the victims. Rabbi Moshe Twersky, Rabbi Aryeh Kupinsky, Rabbi Kalman Levine, Avraham Goldberg, and Zidan Saif, a police officer. I particularly want to mention Rabbi Kupinsky because there is a connection here to Maryland. Three of the victims had U.S. citizenship. Rabbi Kupinsky is a cousin of a distinguished constituent, Judge Karen Friedman of Baltimore. So this affects all of us. I know first and foremost our prayers are with the families and we express our deepest sympathy. I also express our resolve to eliminate such extremists and to work with the international community so there is no refuge anywhere in the world--anywhere in the civilized world--for such extremists. Then I would hope we would all recognize and speak out for Israel's right, indeed its obligation, to defend its people from such brutal attacks. The Baltimore Sun said this morning in its editorial there could be no excuse, no explanation, no reason or even plausible justification for the horrific attack on a Jerusalem synagogue Tuesday that left four Rabbis and an Israeli police officer dead. I know we all believe in that statement. There is no justification for such actions. Yet Hamas--and again I would quote from the Sun paper--"Hamas, the militant [extremist] group that controls Gaza, hailed the attack in the synagogue as a blow against Israel's occupation. ..... '' This just points out the difference between Hamas and Israel. I have been on the floor many times talking about Israel's legitimate right to defend itself and Hamas's desire to put innocent people in harm's way. It is our responsibility to speak out. If this event would have happened in the United States, I think we all know what the reaction would have been. So our resolve goes out to the people of Israel that we will stand by them and that we stand by their right to defend themselves. This is in the backdrop of a rise of anti-Semitism. We have seen these violent attacks in Brussels and Toulouse earlier this year, a brutal slaying in Antwerp, Jewish schools and community centers and synagogues being targets of attacks, extremist parties gaining political support espousing anti-Semitism. We saw that in Hungary and other countries. I want to mention once again the role this Congress plays in the Helsinki Commission. I have the honor of being the Chair of the Helsinki Commission during this Congress, and the Helsinki Commission implements the commitments we made almost 40 years ago--the Helsinki Final Act; the core principles of human rights and tolerance. Our bedrock principle is that in order to have a stable country you have to have a commitment to basic human rights, and it is not just your obligation but every country that is part of Helsinki, including the United States, that has the right to challenge any other country in its compliance with those basic human rights. We have made progress. Ten years ago I was privileged to be part of the U.S. delegation in the Berlin conference. The Berlin conference was established to deal with the rise of anti-Semitism, and an action agenda came out of that conference 10 years ago. It put responsibility on us--political leaders--to speak out against anti-Semitic activities in our own country or anywhere in the world. It set up an action plan to deal with educating, and particularly dealing with Holocaust education, to deal with the Holocaust deniers. It dealt with police training because we understand a lot of criminal activities are hate crimes and the police need to be able to identify when hate crimes are taking place in their own community. We decided to share best practices by providing technical help to countries to do better, and we established a special representative to deal with anti-Semitism. Rabbi Baker is currently that special representative. But we went further than that, we expanded it to all forms of intolerance--not just anti-Semitism but xenophobia, anti-Muslim activities--because we recognized that the same people who are extremists and who deny individuals because of their anti-Semitic acts would do the same against Muslims, would do the same against any people because of their race or ethnic background. I was very pleased to see commemorated the 10th anniversary of the Berlin conference. There was a reconvening in Berlin--Berlin plus 10. Ambassador Powers, our Ambassador to the United Nations, led the U.S. delegation. She did a great job. I want to acknowledge that Wade Henderson, representing the Leadership Conference on Civil and Human Rights, also participated because there is unity here. It is not just the anti-Semitic activities, it is the intolerance we have seen grow too much in our world community today. The concluding document said we need to increase our political and financial support for civil societies, and I agree with that. Transparency and supporting the NGOs, supporting civil societies, is critically important. The bottom line is we must work together to root out all forms of anti-Semitism and all forms of intolerance. Let us work together to make all our communities safer by embracing diversity and recognizing basic human rights.
Thursday, March 28, 2019