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press release
Wicker, Shaheen Reintroduce Bill to Hold Russia Accountable for Its Religious Freedom Violations in Ukraine
Thursday, April 22, 2021WASHINGTON—Sen. Roger Wicker (MS) and Sen. Jeanne Shaheen (NH) today reintroduced the bipartisan Ukraine Religious Freedom Support Act (S.1310). It is a companion bill to H.R. 496, introduced by Rep. Joe Wilson (SC-02) and Rep. Emanuel Cleaver (MO-05), which unanimously passed the House Foreign Affairs Committee yesterday. “The Kremlin’s current repression in Ukraine mirrors an ugly chapter from Soviet times when believers were persecuted for their religious faith,” said Sen. Wicker. “Vladimir Putin and his proxies should face real consequences for their brutal attempts to curtail the religious freedom of Ukrainians who suffer under this ruthless Russian occupation.” “There is a bipartisan urgency in Congress to demonstrate support for Ukraine in opposition to Putin’s cruelty, including his barbaric assault against peaceful religious communities. I’m proud to work with this group of lawmakers to reaffirm that sentiment and to stand up for democratic values around the world,” said Sen. Shaheen. “This legislation is an important step forward to hold Putin to account for his unlawful aggression against the Ukrainian people and the fundamental freedoms they hold dear.” The Ukraine Religious Freedom Support Act would authorize and require the president of the United States to consider particularly severe violations of religious freedom in the Ukrainian territory of Crimea and the Donbas—not just violations inside Russia’s internationally-recognized borders—when determining whether to designate Russia as a Country of Particular Concern (CPC). The bill reaffirms that “it is the policy of the United States to never recognize the illegal, attempted annexation of Crimea by the Government of the Russia or the separation of any portion of Ukrainian territory through the use of military force.” Russian forces invaded Crimea in February 2014 and continue to illegally occupy and attempt to annex it. The Kremlin has controlled parts of the Donbas region in eastern Ukraine since April 2014 with non-state armed groups and illegal entities it created and commands. Under international humanitarian law, including the Geneva Conventions, Russia is responsible for religious freedom violations in Crimea and parts of the occupied Donbas. The International Religious Freedom Act of 1998 requires the president to designate CPCs when their governments engage in or tolerate “particularly severe violations of religious freedom,” including killings, torture, abduction, and detention. It also requires the president to then take 15 specific actions, or commensurate action, unless exercising waiver authority, and to ban the foreign officials responsible from entering the United States. The Secretary of State has placed Russia on the Special Watch List for countries with severe violations every year since 2018. All participating States of the Organization for Security and Cooperation in Europe, including Russia, have repeatedly committed to respect and protect freedom of religion or belief. The Helsinki Commission has compiled 16 documents detailing religious freedom commitments that OSCE participating States have made.
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press release
Helsinki Commissioners Reintroduce Ukraine Religious Freedom Support Act
Friday, January 29, 2021WASHINGTON—Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) and Commissioner Rep. Emanuel Cleaver, II (MO-05) yesterday reintroduced the bipartisan Ukraine Religious Freedom Support Act (H.R. 496) in the House of Representatives. The House unanimously passed the original legislation, which targets Russia’s religious freedom violations in Ukraine, on November 18, 2020. “The Kremlin and its proxies continue to imprison and torture people on Ukrainian territory for their faith. Russian government perpetrators must be punished for these crimes,” said Rep. Wilson. “This legislation would ensure that the president of the United States has the authority and mandate to impose costs on Russian officials who are responsible for such assaults on religious freedom.” “The yoke of Putin’s occupation and oppression weighs heavily on Ukrainians. The desire to seek and follow the truth, to explore ultimate meaning, is written on every human heart,” said Rep. Cleaver. “We must stand up to the Russian government’s attempts to suppress the freedom of Ukrainians to follow their religious conscience.” The Ukraine Religious Freedom Support Act would require the president of the United States to consider particularly severe violations of religious freedom in Russia-occupied or otherwise controlled territory in Ukraine when determining whether to designate Russia as a Country of Particular Concern (CPC) for such violations. The bill authorizes the president to hold Russia responsible for violations in Ukrainian territory it illegally occupies or controls, not just for violations inside Russia’s internationally-recognized borders. The International Religious Freedom Act of 1998 requires the president to designate CPCs when their governments engage in or tolerate particularly severe violations of religious freedom, including killings, torture, abduction, and detention. It also requires the president to then take 15 specific actions, or commensurate action, and ban the foreign officials responsible from entering the United States. The Secretary of State has placed Russia on the Special Watch List for countries with severe violations every year since 2018. The legislation also states, “It is the policy of the United States to never recognize the illegal, attempted annexation of Crimea by the Government of the Russia or the separation of any portion of Ukrainian territory through the use of military force.” Russian forces first invaded Crimea in February 2014 and continue to illegally occupy it. Since April 2014, Russia has controlled parts of the Donbas region in eastern Ukraine with non-state armed groups and illegal entities it commands. Under international humanitarian law, including the Geneva Conventions, Russia is responsible for religious freedom violations in Crimea and parts of the Donbas. Participating States of the Organization for Security and Cooperation in Europe, including Russia, have repeatedly committed to respect and protect freedom of religion or belief. The Helsinki Commission has compiled 16 documents outlining religious freedom commitments made by OSCE participating States. Original co-sponsors of the legislation include Helsinki Commissioners Rep. Brian Fitzpatrick (PA-01), Rep. Steve Cohen (TN-09), Rep. Richard Hudson (NC-08), and Rep. Gwen S. Moore (WI-04). Rep. Gus M. Bilirakis (FL-12), Rep. Anna G. Eshoo (CA-18), and Rep. Andy Harris, M.D. (MD-01) are also original cosponsors.
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article
Ambassador Max Kampelman’s Contributions to the Helsinki Process
Monday, January 25, 2021By Emma Derr, Max Kampelman Fellow The Helsinki Commission’s flagship fellowship program recognizes former U.S. Ambassador Max Kampelman, who spent his life working toward comprehensive security at home and across the Atlantic. Over his career, which spanned more than half a century, Kampelman defended the principles of the Helsinki Final Act, strengthened the Helsinki process, and fought to reduce—and later eliminate—nuclear arms. One of his strongest legacies was his belief in bipartisanship, demonstrated by his service to both Democrats and Republicans and in his role as a U.S. ambassador. In the words of longtime Helsinki Commissioner Senator Ben Cardin (MD), “It was a privilege for me and so many of my colleagues to work with a great and good man, whose example reminded us every day: this is what leadership looks like.” Max Kampelman: The Ambassador Kampelman began his career as legislative counsel to Senator Hubert Humphrey before joining the private law practice of Fried Frank. Although he practiced private law for the majority of his career, Kampelman continued to serve the United States when called on by presidents of both parties. In 1980, President Jimmy Carter asked Kampelman to represent the United States as the lead negotiator at the 1980 Conference on Security and Cooperation in Europe (CSCE) meeting in Madrid, which sought to bring eastern European countries into compliance with the Helsinki Final Act. The meeting was supposed to last two to three months. It lasted three years. Under President Ronald Reagan, Kampelman continued to lead these negotiations until an agreement was reached in 1983. In 1990, in the aftermath of the fall of the Berlin Wall, OSCE participating States gathered to unite their different definitions of European security. Kampelman led the U.S. delegation to this historic meeting and advocated for democratic elections and universal human rights. “He played a pivotal role in securing agreement on the first international instrument to recognize the specific problem of anti-Semitism and the human rights problems faced by Roma,” said Sen. Cardin. “Moreover, at a moment when Europe stood at a crossroads, Max Kampelman negotiated standards on democracy and the rule of law that remain unmatched.” “The Copenhagen document has been called by a number of professors of international law the most important international human rights document since the Magna Carta, and it spells out what a democracy means. If anybody was to come and join this process, they would be joining what is apparent, a series of 'oughts;' and that’s our task. Once the 'oughts' are there, we have a leg up toward the 'is.'” Amb. Max Kampelman in a 2003 interview The Copenhagen document strengthened the Helsinki Process by including unprecedented provisions, such as the commitment to democracy as the only form of governance. It also emphasized the rights of national minorities and the right to freedom of association, freedom of conscience, and freedom of expression. The CSCE eventually became today’s Organization for Security and Cooperation in Europe (OSCE), the world’s largest regional security organization. Max Kampelman: The Arms Advisor In addition to his work defending the Helsinki Final Act, Kampelman also negotiated arms control agreements and guided the United States through some of the most difficult periods of U.S.-Soviet relations. By the end of his career, Kampelman had engaged in more than 400 hours of face-to-face negotiations with the Soviets. He successfully protected the Strategic Defense Initiative (SDI), a system designed under Reagan to protect against potential nuclear attacks, from Soviet efforts to stifle it. He led negotiation efforts on the Intermediate-Range Nuclear Forces (INF) Treaty and the Strategic Arms Reduction Treaty (START), effectively reducing nuclear arms for the first time in history. During the late phases of the Cold War, Kampelman helped arrange the release of political and religious dissidents from the Soviet Union. “We cannot wish it away. It is here and it is militarily powerful. We share the same globe. We must try to find a formula under which we can live together in dignity. We must engage in that pursuit of peace without illusion but with persistence, regardless of provocation." Amb. Max Kampelman, ahead of 1985 arms negotiations Kampelman dedicated much of his later years to Global Zero, envisioning a world without nuclear weapons and encouraging statesmen Henry Kissinger, Sam Nunn, William Perry, and George Shultz, to advocate for this goal. For his service to his country, Kampelman received the Presidential Citizens Medal from President George H.W. Bush in 1989 and the nation’s highest civilian honor, the Presidential Medal of Freedom, from Bill Clinton in 1999. Max Kampelman’s Early Life Kampelman was born in New York in 1920 to parents who had immigrated from what was then part of Romania. He grew up in the Bronx and received a law degree from NYU in 1945. During World War II, he registered for alternate service as a conscientious objector. Kampelman enrolled in a strict food and work regimen known as the Minnesota Starvation Experiment to help authorities understand how to treat prisoner of war and concentration camp survivors. During this time, he finished his doctorate in political science from the University of Minnesota, titled "The Communist Party and the CIO: A Study in Power Politics." He opposed Communism and opposed war, but his feelings regarding nonviolence changed over time with the development of the atomic and hydrogen bombs, later leading him to renounce his earlier pacifist beliefs. Kampelman said his prevailing desire for American foreign policy was to turn the 21st century into the century of democracy. He died on January 25, 2013, at age 92.
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article
Retrospective on the 116th Congress
Friday, December 18, 2020By Emma Derr, Max Kampelman Fellow “For more than four decades, the Helsinki Commission has championed human rights and democracy across North America, Europe, and Central Asia. While we have worked to keep these concerns on the U.S. agenda, much remains to be accomplished.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission In the OSCE region, 2019 and 2020 were marked by unprecedented challenges stemming from the COVID-19 pandemic, calls for racial justice, systematic human rights issues, and ongoing regional conflicts amidst U.S. presidential, Congressional, and regional and local elections. Through these crises, U.S. Helsinki Commission leadership worked tirelessly to ensure that human rights and comprehensive security continued to be promoted through the United States’ foreign and domestic policy agendas. 2020 also marked the 30th anniversary of the Charter of Paris, which set unprecedented commitments to human rights, providing an opportunity for OSCE participating States to reflect and bolster human rights commitments during such a crucial time. Through hearings and briefings, legislative activities, public statements and reports, and engagement with other foreign policy actors, the Helsinki Commission has focused on human rights and security challenges both in the United States and abroad to advance the commission’s priorities in the 116th Congress: principled foreign policy; human rights at home; parliamentary diplomacy; and safe, inclusive, and equitable societies. Additional policy focuses include regional security, election observation, OSCE engagement, and anti-corruption work. View a comprehensive list of activities in the Helsinki Commission's report on the 116th Congress. Principled Foreign Policy From respect for sovereignty and the territorial integrity of states to human rights and fundamental freedoms, commitments undertaken by OSCE participating States underpin peace and stability in the OSCE region and form the basis of comprehensive security for all people. The Helsinki Commission strives to ensure that the protection of human rights and democratic development are central to a principled U.S. foreign policy. During the 116th Congress, Belarus, Russia, Turkey, Hungary, Ukraine/Crimea, and the Balkans attracted particular attention, given the ongoing human rights and regional conflict issues in those countries. Belarus Following over two decades of authoritarian rule supported by the Kremlin, a political crisis erupted in Belarus in the summer of 2020. After August 9 elections, the Alexander Lukashenko regime claimed victory, and the country saw an unrelenting crackdown by Belarusian authorities on peaceful protests, civil society, and the media. According to international observers, Belarus has not had free and fair national elections since Lukashenko was first elected president in 1994. Unprecedented crowds continue to protest the election. Ahead of the election, Lukashenko eliminated his main political competition through disqualification or imprisonment. Numerous protestors, supporters of opposition candidates, and journalists were arrested as last-minute candidate Svetlana Tsikhanovskaya drew unprecedented crowds to her rallies. Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) called on President Lukashenko “to order the release of those who have been detained for political reasons and allow real political competition in Belarus.” After the elections and in reaction to the human rights abuses perpetrated by the Lukashenko regime, Chairman Hastings wrote to Treasury Secretary Steven Mnuchin requesting that the U.S. administration revoke access to the U.S. financial system for the nine largest state-owned companies in Belarus. “The United States stands with the people of Belarus, who have a right to make free choices about their country’s future and to protest peacefully.” Sen. Roger Wicker (MS), Co-Chairman, U.S. Helsinki Commission After the invocation by 17 OSCE participating States of the Moscow Mechanism to report on human rights concerns in Belarus and subsequent investigation, Professor Wolfgang Benedek—the selected rapporteur—joined the Helsinki Commission for a podcast to discuss his findings, including evidence of fraudulent elections, systematic human rights violations, and a general situation of impunity for perpetrators. Regional Security and Stability In May 2020, following reports that the Trump administration planned to withdraw from the Treaty on Open Skies, Chairman Hastings urged Congress to support the United States’ allies and partners in Europe, as “withdrawing from the Open Skies Treaty can only benefit Putin’s continuing campaign of aggression against Russia’s neighbors.” Chairman Hastings also authored an amendment to the National Defense Authorization Act (NDAA) for the 2021 Fiscal Year to reflect support for the Open Skies Treaty and stated his regret in November when the U.S. withdrew from the treaty. The Helsinki Commission held a joint hearing in November 2019 with the House Foreign Affairs Committee concerning the importance of the Open Skies Treaty for security and stability in Europe and released a podcast on the treaty’s benefits, the complexity of execution, and current challenges in implementation. In July 2019, for the first time in its 43-year history the Helsinki Commission convened outside of the United States for a field hearing to underscore America’s commitment to Baltic Sea regional security and emphasize its unwavering support for U.S. friends and allies. The commission also held a briefing to discuss the potential use of energy, specifically oil and gas projects, to achieve foreign policy goals, as well as the extent to which energy independence can reduce the ability of hostile actors to destabilize the European region by threatening to cut off access to energy supplies. Turkey, Hungary, Ukraine/Crimea, and the Balkans In April 2019, Co-Chairman Wicker and Ranking Member Sen. Ben Cardin (MD) introduced the Defending United States Citizens and Diplomatic Staff from Political Prosecutions Act to address arbitrary arrests which contribute to Turkey’s deteriorating respect for human rights under President Erdogan. In April 2019, the Helsinki Commission hosted a briefing on recent developments in Hungary concerning a steady erosion of freedom, the rule of law, and quality of governance. Later that year, the commission reported on an amendment to the Hungarian religion law, which continues to discriminate against people on the basis of their faith. In late 2019, Co-Chairman Wicker successfully pressed Hungarian Prime Minister Viktor Orban to stop the blockage of the European Union version of the Magnitsky Act. The U.S. Magnitsky Act allows the use of sanctions as a tool to target alleged human rights abusers and corruption, and its European counterpart would do the same. In May 2020, Co-Chairman Wicker and Ranking Member Cardin urged U.S. Secretary of State Mike Pompeo to work with the European Union’s High Representative to advance EU Magnitsky Sanctions. Following a mob attack in October 2019 on a Jewish community center providing office space to civil society groups in Budapest, Chairman Hastings and Ranking Member Cardin called the Hungarian government to take action during this “alarming escalation of violence toward minorities and civil society groups.” In 2020, the commission released a report detailing the escalating rhetorical attacks and legislative restrictions against civil society as Orban continues to consolidate power in Hungary. In December 2019, Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) and Commissioner Rep. Emanuel Cleaver II (MO-05) introduced the bipartisan Ukraine Religious Freedom Support Act in the House of Representatives, and Co-Chairman Wicker introduced the act, cosponsored by Helsinki Commissioner Sen. Jeanne Shaheen (NH), to the Senate. The act, which would combat Russia’s religious freedom violations in the Crimea and Donbas regions of Ukraine, unanimously passed in the House of Representatives in November 2020 and awaits Senate action. In July 2019, the Helsinki Commission hosted a briefing about reunifying societies divided by war, genocide, and other tragedies in areas such as the Balkans, as well as promoting reconciliation and healing for Holocaust survivors and other victims of Nazi persecution who continue to seek justice worldwide. Twenty years after two U.S. citizens were brutally murdered in Serbia in the aftermath of the 1999 conflict in Kosovo, their brother Ilir joins the Helsinki Commission to share his family’s fight for justice in the face of inaction by Serbian authorities. Election Observation In 1990, all OSCE participating States pledged to hold free and fair elections and to invite international observers. OSCE election observation missions often are undertaken jointly by the OSCE Office of Democratic Institutions and Human Rights (ODIHR) and the OSCE Parliamentary Assembly (PA). These election observation missions have been recognized as one of the most transparent and methodical ways to encourage States’ commitment to democratic standards and have become a core element of the OSCE’s efforts to provide feedback on the election processes to the benefit of candidates and voters alike. Commissioners and staff have observed well over 100 elections since 1990, and in 2020 alone, the OSCE has been invited to observe elections in nearly 20 OSCE participating States, including the United States. In 2019, the commission held a briefing focused on the benefits and challenges of international election observation, best practices, and emerging issues such as voting technology and security. In addition, the use of disinformation to influence elections has become a pervasive and persistent threat in all 57 OSCE participating States. Ahead of the 2020 general elections, the commission held a briefing on the intersections and influences of disinformation and COVID-19 on the electoral process. Election observation is an important way to help monitor these effects on the workings of democracy. A limited election observation mission was deployed by the OSCE to observe the 2020 general election in the United States. Despite the challenges posed by the pandemic, the OSCE team was confident it produced a thorough, impartial, fact-based assessment that concluded the elections were free and fair, as well as “competitive and well managed despite legal uncertainties and logistical challenges” posed by the pandemic and the polarized political climate. OSCE Institutions and Policy During the past two years, the Helsinki Commission hosted hearings featuring both the Albanian and Slovakian OSCE Chairs in Office, as well as the OSCE Representative for Freedom of the Media Harlem Desir, to discuss OSCE institutional priorities such as human rights violations, conflict resolution, and the safety of journalists. In January 2020, the Helsinki Commission welcomed OSCE Office of Democratic Institutions and Human Rights Director Ambassador Ingibjörg Sólrún Gísladóttir, in her first appearance before Congress, to address challenges in the OSCE region related to human rights and democracy. In December 2020, the Helsinki Commission held a hearing, “U.S. Priorities for Engagement at the OSCE,” where Ambassador Philip T. Reeker U.S. State Department Senior Bureau Official, who has been serving in the role of Acting Assistant Secretary for Europe and Eurasia since March 2018, emphasized that the United States is focused on upholding Helsinki Final Act commitments and pushing all participating States to live up to their own commitments to these principles. Human Rights at Home Like all other OSCE participating States, the United States must also examine how well—or how poorly—it is living up to its own OSCE commitments. In the 116th Congress, the Helsinki Commission took a hard look at human rights at home. “If the United States wants to remain a credible voice in the promotion of human rights abroad, we must fiercely protect them at home.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission In summer 2020 the Helsinki Commission launched a series of hearings focused on restorative justice related to public monuments and memorials, the safety of journalists, and implications of domestic human rights issues for U.S. leadership. The commission also convened political and civil rights leaders to discuss the impact of George Floyd’s tragic death on the need to shape policies that confront and prevent racism and racist acts. The Helsinki Commission dealt at further length with the safety of journalists and freedom of the media in the United States. In the aftermath of attacks on journalists covering protests calling for racial justice, Chairman Rep. Hastings expressed the need to take an “honest and critical look at America’s own record in recent weeks on protecting journalists and safeguarding press freedom.” The U.S. Agency for Global Media (USAGM) supports networks that reach more than 350 million people across the world, many of whom otherwise would not have access to independent, unbiased news. When USAGM failed to renew J-1 visas for foreign Voice of America (VOA) journalists, Chairman Rep. Hastings, Ranking Member Sen. Ben Cardin, and Helsinki Commissioners Sen. Jeanne Shaheen, Rep. Emanuel Cleaver, Rep. Steve Cohen (TN-09), and Rep. Marc Veasey (TX-33) demanded that U.S. Agency for Global Media (USAGM) CEO Michael Pack provide a detailed explanation and called for new policies to protect the personal security of VOA journalists working under the USAGM. Safe, Inclusive, and Equitable Societies Civil rights are human rights, and advancing societies that are safe, inclusive, and equitable is central to the work of the Helsinki Commission. Anti-racism initiatives have always been a priority for the commission, but they found particular focus in 2020 in conjunction with the exposure of systemic racism in police brutality and the disproportionate impacts of COVID-19 on minority populations. Commissioners looked inward to the United States’ own domestic policies, as well as outward to other OSCE countries, to develop ideas and policies that promote principles of social inclusion, empowering diverse populations and enhancing the ability for everyone to fully participate in society. Over the past decade, Chairman Hastings has drawn attention to the racism and discrimination faced by black Europeans, recognizing their fight for inclusion. In March 2019, he introduced legislation establishing a strategy to protect the collective history and achievements of people of African descent and to promote the human rights of people of African descent worldwide, and a year later, he introduced a bill to implement a government-wide diversity and inclusion plan. “Across the globe we find racial disparities between those of African descent and other populations in education, employment, health, housing, justice, and other sectors. At the same time, hate crimes and racial profiling targeting black populations are increasing,” said Chairman Hastings. “A global strategy ensures we are monitoring whether countries around the world are providing equal protections and opportunity to all within their borders.” Chairman Hastings also collaborated with other Helsinki Commissioners to address racism globally. In July 2020, Chairman Hastings, along with Helsinki Commissioners Rep. Gwen Moore (WI-04), Rep. Cleaver, Rep. Veasey, and 35 other Members of the United States Congress, including the Congressional Black Caucus Chair, called for a sweeping plan of action following the European Parliament’s Juneteenth Day resolution supporting protests against racism and police brutality. Chairman Hastings and Rep. Gregory W. Meeks (NY-05) also issued a statement regarding foreign affairs funding for diverse, global anti-racism programs, commemorating John Lewis’ yearly leadership in securing these appropriations requests. In September, Chairman Hastings and other Helsinki Commissioners joined members of the European Parliament’s Civil Liberties Committee and Subcommittee on Human Rights to discuss combating racism and systemic discrimination on both sides of the Atlantic. In October, Ranking Member Cardin joined the office of the OSCE High Commissioner on National Minorities for an online event that evaluated the applicability of the 2006 Recommendations on Policing in Multi-Ethnic Societies, highlighted relevant legislation, and discussed structural changes to address discriminatory police violence. Ahead of International Roma Day in 2020, the Helsinki Commission hosted a discussion about racism against Roma, the largest ethnic minority in Europe who have historically faced enslavement and continue to battle discrimination. The conversation focused on the state of Roma rights in Europe, as well as resolutions introduced by Helsinki Commission leaders to celebrate Romani American heritage. Reports from nearly every corner of the OSCE region suggest that minority groups have been impacted especially hard by the COVID-19 pandemic, and an extended episode of "Helsinki on the Hill" takes an in-depth look at the pandemic’s impact on vulnerable populations, such as the Roma, and the role of governments in addressing that impact. In December 2019, the Helsinki Commission convened a hearing to focus on public diplomacy initiatives that cultivate leaders who espouse democratic principles, including inclusive and representative governance. The commission also released a podcast discussing how to achieve equitable and inclusive democracies through political inclusion and economic empowerment. Guests discussed their experiences on the front lines of the fight for greater diversity and inclusion in Europe, and in the transatlantic policymaking space more broadly. Members of the Helsinki Commission have long supported diversity and inclusion efforts in international affairs including through the annual Transatlantic Inclusion Leaders Network (TILN) workshop, a hearing about the state of diversity and inclusion in Europe, and a new transatlantic democracy program for youth “On the Road to Inclusion.” In March 2020, Chairman Hastings introduced the Leadership Institute for Transatlantic Engagement (LITE) Act, calling for the creation of a transatlantic institute focused on strengthening democratic principles and values in the West, as well as pioneering inclusive and intergenerational solutions to current challenges that would empowering individuals across generations and from diverse backgrounds with the knowledge, tools, opportunity, and access to fully participate in their democracies. The commission also supports diversity in the diplomatic corps. Chairman Hastings, Co-Chairman Wicker, and Ranking Member Cardin joined bipartisan Congressional efforts to support annual funding for State Department and USAID diversity fellowship programs, as well as study abroad opportunities. Parliamentary Diplomacy Parliamentary diplomacy advances comprehensive security and democratic institutions in the OSCE region and acts as a tool to promote safe, inclusive and equitable societies. Commissioners have championed the development of parliamentary assemblies for regional organizations throughout the world and participate regularly in the OSCE Parliamentary Assembly (OSCE PA), which offers opportunities for engagement among parliamentarians from OSCE participating States. The Helsinki Commission organizes bicameral U.S. delegations to OSCE PA meetings throughout the year. With 17 of 323 seats, the United States has the largest representation in the assembly. In the 116th Congress, commissioners explored ways to defend human rights, hold the Kremlin accountable, and maximize cooperation with OSCE Mediterranean partners at OSCE PA meetings. Commissioners visited Hungary, Tunisia, Israel, and Morocco in bipartisan delegations aiming to strengthen shared principles, and Commissioners reported on these visits at OSCE PA meetings as well. Co-Chairman Wicker led the largest bipartisan, bicameral U.S. delegation in history to the 28th Annual Session of the OSCE PA in July 2019 in Luxembourg. At this annual session, Helsinki Commission Ranking Member Cardin, who also serves as OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, hosted a U.S. side event in his capacity as Special Representative on the topic of adopting an action plan to counter hate and foster inclusion. Following a two-day seminar organized by Helsinki Commission and the OSCE PA in February 2020, Future Leadership for Political Inclusion in the OSCE Region: A Seminar for Young Parliamentarians, nearly 20 young legislators from OSCE participating States issued a joint declaration emphasizing the important role young people must play in addressing human rights and security challenges across the world. The commission hosted OSCE PA officials for a briefing in December of 2019 to share a parliamentary perspective on the priorities and objectives of the Albanian chairmanship of the OSCE amid regional conflicts and resistance to democratic reforms in some countries in the OSCE region. The commission also regularly hosts hearings, convenes panels, and participates in events related to parliamentary diplomacy, highlighting the important role the OSCE PA and other parliamentary assemblies play in holding governments accountable to standards of cooperation and human rights. Corruption During the 116th Congress, the Helsinki Commission promoted efforts to combat corruption in the OSCE region, recognizing it as a threat to democracy, security, and human rights. The commission’s work focuses on authoritarian kleptocracy, a form of autocratic government that relies on financial globalization and secrecy to steal and maintain power. Members of the Helsinki Commission introduced the Rodchenkov Act, the Kleptocrat Exposure Act, the Combating the Illicit Trade in Tobacco Products Act (CITTPA), the Countering Russian and Other Overseas Kleptocracy (CROOK) Act, the Foreign Extortion Prevention Act, and the Transnational Repression Accountability and Prevention (TRAP) Act. The Rodchenkov Act passed through both chambers of Congress and was signed into law by President Trump on December 4, 2020. The act establishes criminal penalties for doping schemes, provides restitution for victims, protects whistleblowers from retaliation, and shares information with the U.S. Anti-Doping Agency. Passage of the bipartisan legislation was spearheaded by Co-Chairman Wicker and Commissioner Sen. Sheldon Whitehouse (RI) in the Senate and former Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) in the House of Representatives. “This legislation is a great bipartisan accomplishment for the rights of athletes, the protection of whistleblowers, and our common goal of keeping criminals out of international sports,” said Co-Chairman Wicker. The commission also organized briefings to draw attention to issues like money laundering and official corruption, as well as to share best practices on innovative corruption policies.
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press release
Co-Chairman Wicker on Secretary of State’s New Designations under International Religious Freedom Act
Thursday, December 10, 2020WASHINGTON—Following U.S. Secretary of State Mike Pompeo’s December 7 designations for Countries of Particular Concern (CPC) and the Special Watch List for the worst religious freedom violations, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Secretary Pompeo rightfully redesignated Tajikistan and Turkmenistan as Countries of Particular Concern. These governments continue to arrest, detain, and torture people for their faith, despite repeated CPC redesignations. It is time for the president to take actions required by the International Religious Freedom Act of 1998, which include sanctions against foreign government officials who have committed or are responsible for severe and egregious religious freedom violations. “Russia’s continued presence on the Special Watch List underscores the need for the Senate to pass the Ukraine Religious Freedom Support Act. The Kremlin brutally persecutes religious communities in the parts of Ukraine it illegally occupies or otherwise controls by force. This legislation would ensure the president has the authority necessary to hold Russian government officials accountable for their brutality in Ukraine. “Under the leadership of President Shavkat Mirziyoyev, Uzbekistan commendably has released religious prisoners, registered more religious organizations, and maintained the ban on police raids against religious communities. However, it is essential that reforms continue. Uzbekistan should work with the Organization for Security and Cooperation in Europe and Council of Europe’s Venice Commission on its draft religion law to ensure that the final version complies with Uzbekistan’s OSCE commitments and international obligations.” As participating States of the Organization of Security and Cooperation in Europe, Tajikistan, Turkmenistan, Russia, and Uzbekistan have repeatedly made commitments to recognize, respect, and protect religious freedom. Even though Turkmenistan has been a CPC since 2014 and Tajikistan since 2016, presidents have always waived taking the presidential actions against them required by the International Religious Freedom Act of 1998. Russia has been on the Special Watch List since 2018. In November 2020, the House of Representatives unanimously passed the Ukraine Religious Freedom Support Act (H.R. 5408) introduced by Helsinki Commissioners Rep. Joe Wilson (SC-02) and Rep. Emanuel Cleaver, II (MO-05). The Senate companion (S. 3064), introduced by Sen. Wicker and cosponsored by Helsinki Commissioner Sen. Jeanne Shaheen (NH), also awaits Senate action. Under binding international humanitarian law, like the Geneva Conventions, the Russian Government is responsible for religious freedom violations in Ukrainian territory it occupies or controls through armed groups it commands. The Ukraine Religious Freedom Support Act would authorize the president to consider Russia’s worst religious freedom violations in Ukrainian territory—not just violations in Russia—when determining whether to designate Russia as a CPC. Uzbekistan was a CPC from 2006 to 2017 and on the Special Watch List from 2018 to 2019. Sen. Wicker has repeatedly urged Uzbekistan to request a review of its draft religion law by the OSCE’s Office for Democratic Institution for Human Rights. Sen. Wicker made the requests in a 2018 letter to Foreign Minister Abdulaziz Kamilov, during a 2018 Helsinki Commission hearing, and in a 2019 public statement. A recent joint review by ODIHR and the Venice Commission review concluded that although “the Draft Law brings some improvements compared to the existing legislation…the Draft Law also maintains major restrictions and suffers from deficiencies that are incompatible with international human rights standards.” The review included recommendations to make the law compliant.
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statement
ONGOING TRANSATLANTIC ENGAGEMENT THROUGH THE OSCE PARLIAMENTARY ASSEMBLY
Thursday, September 24, 2020Mr. HUDSON. Madam Speaker, I rise today to highlight my recent efforts to engage with our allies across Europe to address the current political turmoil in Belarus and seek a way forward. On September 23, I joined a video call of the leadership of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE PA), where I serve as Chairman the Committee on Political Affairs and Security. Joining us for the discussion were the Head of the Belarusian delegation to the OSCE PA, Mr. Andrei Savinykh, and the leader of the Belarusian opposition and former presidential candidate, Ms. Svetlana Tikhanovskaya. Ms. Tikhanovskaya shared with us the long struggle of the people of Belarus for their rights under President Alexander Lukashenko's 26-year authoritarian rule. The fraudulent presidential election on August 9, in which Lukashenko claimed he ``won'' with over 80 percent of the vote, led thousands of Belarusians across the country to come out into the streets. They risk physical harm and imprisonment to demand free and fair elections and the release of political prisoners. Unfortunately, these individuals have been met with brute force from the authoritarian regime. They continue to injure and detain protestors, journalists, and even bystanders on a massive scale. Instances of torture in detention have been reported, and some have been killed. Lukashenko is clearly afraid for his political future. In another desperate move, he recently held an illegal, early "inauguration'' in an attempt to consolidate his illegitimate power. I strongly condemned Lukashenko's violent repression of Belarusians and express solidarity for their desire to choose their own leadership in a democratic and transparent manner and to exercise their fundamental freedoms without fear of violent repercussions or harassment. During our meeting, I noted two particular cases that we in the United States are watching closely. U.S. citizen Vitali Shkliarov, who was in Belarus visiting family, was unjustly detained in July and languishes in a Belarusian prison since the end of July. We are concerned for his welfare and I called for his release. I also mentioned that the Roman Catholic Archbishop of Minsk-Mogilev, Tadeusz Kondrusiewicz, has been denied re-entry to Belarus after a visit abroad, even though he is a citizen. He has openly criticized the government's use of violence against peaceful people, including the detention of priests and clergy, and we fear that this too is a political act on the part of Lukashenko and an infringement on religious freedom. The future of Belarus belongs to its people, and, as Secretary of State Mike Pompeo has emphasized, this path should be ``free from external intervention.'' Indeed, my colleagues in the OSCE Parliamentary Assembly understand that it is not our place to choose the leadership of Belarus, but to use the unique role of the OSCE Parliamentary Assembly as a representative body to foster authentic dialogue, prevent and resolve conflict, and hold each other accountable. As an OSCE participating State, Belarus has an obligation to abide by the provisions of the Helsinki Final Act, including those on human rights and fundamental freedoms. I am pleased that 17 participating States of the OSCE, including the United States, have invoked the Moscow Mechanism, which will establish a mission of independent experts to look into the particularly serious threats to the fulfillment of human rights commitments in Belarus. The report that the mission issues will hopefully offer us greater insight into the situation in Belarus and recommendations for future actions. It is a privilege, through the U.S. Helsinki Commission, to represent the United States Congress in the Parliamentary Assembly of the OSCE. The Parliamentary Assembly provides Members of Congress with a unique, bipartisan opportunity to work with our friends and allies to help resolve pressing global issues while promoting our shared values. Because the Parliamentary Assembly includes representatives of Belarus and our European allies, it is uniquely suited to address the human rights and security implications of the moment in Belarus. Madam Speaker, please join me today in calling for an end to violence and mass detentions in Belarus and recognizing the importance of continued Congressional engagement with the Parliamentary Assembly of the OSCE.
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press release
Hastings: Petty Parochialism Denies OSCE Vital Leadership During Global Crisis
Tuesday, July 14, 2020WASHINGTON—Following yesterday’s failure of OSCE representatives to renew the mandates of four leadership positions—the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the Office for Democratic Institutions and Human Rights—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “We are in trouble when petty parochialism denies us vital leadership in the midst of a global crisis. Now more than ever, reliable multilateral institutions are needed to forge solutions during and after the current pandemic. “Azerbaijan, Tajikistan, Turkey, and other OSCE participating States who have blocked consensus on extending dedicated public servants should be ashamed of themselves. History will show the folly of abandoning essential leadership for cooperation.” Negotiations to renew each mandate collapsed in part in response to the written objections of Azerbaijan, Tajikistan, and Turkey, and the subsequent withholding of consensus by other participating States. Even efforts to devise interim extensions failed, leaving vital OSCE leadership positions vacant during an unprecedented global crisis. The failure highlights the unwillingness of some OSCE participating States to live up to their stated commitments to democratic institutions, the rule of law, media pluralism, and free and fair elections. Leaving key leadership roles unfilled drastically weakens the OSCE’s ability to hold countries accountable for their actions and undermines the principles of the Helsinki Final Act. The Organization for Security and Cooperation in Europe (OSCE) is the world’s largest regional security organization. It spans 57 participating States reaching from Vancouver to Vladivostok. The OSCE sets standards in fields including military security, economic and environmental cooperation, and human rights and humanitarian concerns. In addition, the OSCE undertakes a variety of initiatives designed to prevent, manage, and resolve conflict within and among the participating States.
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press release
Wicker and Cardin Commend United Kingdom Magnitsky Sanctions on Russian and Saudi Officials
Tuesday, July 07, 2020WASHINGTON—Following the recent designations under the United Kingdom’s Magnitsky sanctions framework of Russian and Saudi officials responsible for the deaths of Sergei Magnitsky and Jamal Khashoggi, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) released the following statement: “We are encouraged to see the United Kingdom applying its first-ever independent Magnitsky sanctions. These sanctions demonstrate that following Brexit, the UK remains committed to fighting human rights abuse and kleptocracy. “We hope the UK will continue to apply Magnitsky sanctions as needed and develop additional anti-corruption policies to stem the flow of illicit wealth into the country. We also encourage the European Union to move forward on plans to develop its own Magnitsky sanctions. Consequences for bad acts are most effective when imposed in concert.” The UK passed its Magnitsky sanctions law in 2018. That same year, Russia attempted to assassinate Sergei Skripal, a former Russian double agent who spied for the UK, in Salisbury, England. UK Magnitsky sanctions freeze the assets of designees and prevent them from entering the country, and are expected to be a powerful deterrent for kleptocrats, given the propensity of corrupt officials to steal and launder money into London as well as send their children to British boarding schools. In December 2019, EU High Representative for Foreign Affairs and Security Policy Josep Borrell announced that the EU would start preparatory work for the equivalent of a Magnitsky sanctions mechanism. However, no further progress has been reported. In May 2020, Co-Chairman Wicker and Sen. Cardin urged U.S. Secretary of State Mike Pompeo to ask High Representative Borrell to expedite the adoption of EU sanctions on human rights abusers and include provisions for sanctioning corruption.
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press release
Hastings: Plagues Do Not Stop Persecution
Friday, June 19, 2020WASHINGTON—Ahead of World Refugee Day on June 20, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “The COVID-19 pandemic has exponentially multiplied the overwhelming challenges already faced by refugees and asylum seekers worldwide. To stop the spread of the disease, many countries have closed their borders or strictly limited entry. Unfortunately, this gives refugees nowhere to turn; plagues do not stop persecution. “I encourage governments in the OSCE region to be mindful of safeguarding the public health of their citizens and residents, while still living up to their commitments to offer refuge to the most vulnerable. No country should exploit the pandemic to permanently restrict entry from refugees and asylum seekers. “In addition, authorities must ensure that refugees and asylum seekers can access the services they need to stay healthy. The close quarters in many camps and detention centers make social distancing impossible and, along with a lack of quality medical care and in some cases even basic sanitation, can contribute to coronavirus outbreaks among already vulnerable populations.” In a June 2019 podcast, the Helsinki Commission examined the disproportionate impact of COVID-19 on vulnerable communities throughout the OSCE, including refugees and minorities. More than 79.5 million people worldwide were forcibly displaced as of the end of 2019, including 26 million refugees, 45.7 internally displaced persons, and 4.2 million asylum seekers, according to the United Nations High Commission for Refugees. Almost 7 million of these refugees and more than 2.1 million asylum seekers were located in OSCE participating States. On March 17, UNHCR and the International Organization for Migration announced they were suspending resettlement departures following pandemic-related entry restrictions by resettlement countries. They announced a resumption on June 18. One hundred and sixty-one countries still have partial or full entry closures, including 97 countries with no exemptions for refugees or asylum seekers. The U.S. State Department’s Bureau of Population, Refugees, and Migration suspended U.S. Refugee Admissions Program admissions for two weeks on March 19 and subsequently indefinitely. The few admissions since have been emergency exceptions. In addition, rules effective March 20 restricted land ports of entry from Canada and Mexico to “essential travel.” Neither rule included travel by asylum seekers, refugees, or unaccompanied minors as “essential.” All U.S. restrictions currently remain in effect.
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press release
Co-Chairman Wicker Commends Decision by Belarus to Refuse Extradition of Jehovah’s Witness to Russia
Tuesday, May 19, 2020WASHINGTON—Following the April decision by the Prosecutor General of Belarus to reject the Government of Russia’s request to extradite a Russian national to face criminal charges for being a Jehovah’s Witness, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “I commend the government of President Alexander Lukashenko for releasing Nikolai Makhalichev and rejecting the Kremlin’s request to extradite him. If forced to return to Russia, Mr. Makhalichev would face detention, a criminal trial, certain conviction, and imprisonment—merely for practicing his sincerely-held religious beliefs. “In keeping with Belarus’ OSCE commitments and other international obligations, Belarusian authorities should continue to resist the extradition of Mr. Makhalichev to Russia, allow him to move freely, and respect his human rights and fundamental freedoms, regardless of whether the Government of Belarus grants him refugee status or another country gives him legal protection.” Background Amendments in 2006 to Russia’s Federal Law on Countering Extremist Activity criminalized a wide range of religious activities as “extremist,” without precisely defining extremism or requiring that such activities have a violent element. The Russian Government invoked the law as it began relentlessly targeting Jehovah’s Witnesses, a peaceful faith community, with investigations, raids, arrests, detention, trials, the closure of local congregations, website and literature bans, and more. In July 2017, the Supreme Court of Russia upheld an earlier ruling in favor of the Ministry of Justice that Jehovah’s Witnesses are an “extremist” group, criminalizing and effectively banning their activities, and ordering their property to be seized and liquidated. Since then, Russian authorities have conducted criminal investigations into at least 333 Jehovah’s Witnesses, including Makhalichev; courts have convicted at least 32 of them. The authorities have engaged in raids, detentions, house arrests, travel restrictions, property confiscations, and even torture. In February 2020, Belarusian police detained Makhalichev, citing the criminal charges against him in Russia. He then applied for refugee status in Belarus. The Russian Prosecutor General’s Office formally requested extradition in March. The Belarusian Ministry of Interior is currently adjudicating Makhalichev's refugee application. In September 2019, the Helsinki Commission held a hearing highlighting how the Kremlin and other autocratic governments engage in transnational repression against people they perceive as hostile to them: using tools such as INTERPOL to request arrest and extradition, and sometimes even surveilling, abducting, and assassinating targeted persons on foreign soil. Helsinki Commission Chairman Rep. Alcee L Hastings (FL-20), Co-Chairman Wicker, Ranking Member Rep. Joe Wilson (SC-02), and Ranking Member Sen. Ben Cardin (MD) introduced the Transnational Repression Accountability and Prevention (TRAP) Act to combat such threats. Like all participating States of the Organization for Security and Cooperation in Europe (OSCE), Russia and Belarus have repeatedly committed themselves to recognizing, respecting, and protecting freedom of religion or belief. In December 2019, U.S. Secretary of State Mike Pompeo redesignated Russia for the Special Watch List of countries that have committed severe violations of religious freedom, per the Frank R. Wolf International Religious Freedom Act. Since 2017, the United States Commission on International Religious Freedom has recommended designating Russia as a Country of Particular Concern under the International Religious Freedom Act of 1998. Belarusian law authorizes the government to grant refugee status to a foreigner if he or she has a “well-founded fears of being persecuted in the country of his/her citizenship for the reason… of…religion,” and prohibits the government from expelling the applicant to that country, even if the government denies, revokes, or otherwise removes their refugee status. The law also requires the government to give foreigners requesting refugee status or related legal protection access to the United Nations High Commission for Refugees.
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publication
Human Rights and Democracy in a Time of Pandemic
Tuesday, May 12, 2020The outbreak of the novel coronavirus pandemic has prompted governments around the world to take extraordinary measures in the interest of public health and safety. As of early April, nearly two-thirds of the 57 participating States of the Organization for Security and Cooperation in Europe had declared “states of emergency” or invoked similar legal measures in response to the crisis. Often such measures have enabled governments to enact large-scale social distancing policies and suspend economic activity to save lives and preserve the capacity of national public health infrastructure to respond to the spread of infections. At the same time, human rights organizations and civil society activists have expressed concern regarding the breadth of some emergency measures and recalled the long history of government abuse of emergency powers to trample civil liberties. Exactly three decades ago, OSCE participating States unanimously endorsed a set of basic principles governing the imposition of states of emergency, including the protection of fundamental freedoms in such times of crisis. In 1990 in Copenhagen, OSCE countries affirmed that states of emergency must be enacted by public law and that any curtailment of human rights and civil liberties must be “limited to the extent strictly required by the exigencies of the situation.” According to the Copenhagen Document, emergency measures furthermore should never discriminate based on certain group characteristics or be used to justify torture. Building on these commitments a year later in Moscow, participating States underscored that states of emergency should not “subvert the democratic constitutional order, nor aim at the destruction of internationally recognized human rights and fundamental freedoms.” The Moscow Document stresses the role of legislatures in imposing and lifting such declarations, the preservation of the rule of law, and the value of guaranteeing “freedom of expression and freedom of information…with a view to enabling public discussion on the observance of human rights and fundamental freedoms as well as on the lifting of the state of public emergency.” In some corners of the OSCE region, however, national authorities are violating these and other OSCE commitments in the name of combatting coronavirus. While many extraordinary responses are justified in the face of this crisis, government overreach threatens the well-being of democracy and the resilience of society at a critical time. Download the full report to learn more.
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press release
Wicker and Cardin Urge Pompeo to Work with EU High Representative to Advance EU Magnitsky Sanctions
Monday, May 11, 2020WASHINGTON—In a letter released today, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) urged U.S. Secretary of State Mike Pompeo to ask the EU’s High Representative for Foreign Affairs and Security Policy, Josep Borell, to expedite the adoption of EU sanctions on human rights abusers, include provisions for sanctioning corruption, and ensure that the EU sanctions regime bears Sergei Magnitsky’s name. The letter reads in part: “In this time of global crisis, dictators and kleptocrats are only increasing their bad actions, making it more important than ever that the EU move quickly to make the EU Magnitsky Act a reality... “It has become clear that corruption and human rights abuse are inextricably linked. The lack of provisions to sanction corruption would weaken the comprehensive Magnitsky approach. It would also lead to difficulties synchronizing U.S. and EU sanctions by enabling corrupt officials barred from the United States to continue operating in the EU, thus diminishing our deterrent and increasing Europe’s vulnerability to exploitation... “It was Sergei Magnitsky who started this very effort to end impunity for human rights abusers and corrupt officials. Omitting the name of Magnitsky, who was jailed, tortured, beaten, murdered, and posthumously convicted, would indicate a lack of resolve to stand up to brutal regimes around the world.” The U.S. Global Magnitsky Human Rights Accountability Act, which authorizes the President to impose economic sanctions and deny entry into the United States to any foreign person he identifies as engaging in human rights abuse or corruption, has been an important asset in the U.S. diplomatic toolkit. In December 2019, High Representative Borrell announced that all Member States unanimously agreed to start preparatory work for an equivalent of Global Magnitsky, adding that such a framework would be “a tangible step reaffirming the European Union’s global lead on human rights.” The Baltic States, Canada, and the UK already have adopted similar legislation. However, the current proposal for an EU Magnitsky Act does not include sanctions for officials involved in corruption, nor does it include any reference to Sergei Magnitsky by name. The full text of the letter can be found below: Dear Mr. Secretary, As the original sponsors of the Magnitsky Act, we aim to increase the impact of the legislation worldwide by encouraging our allies to join us in sanctioning bad actors. At the moment, the European Union (EU) has agreed in principle to adopt their own sanctions similar to those provided by the Global Magnitsky Act, but certain issues remain. Therefore, we ask that you work with Josep Borrell, High Representative of the EU for Foreign Affairs and Security Policy, to ensure the EU adopts and implements the most thorough and effective sanctions package possible. Our first concern is that the EU seems to have stalled in putting together the details of their Magnitsky sanctions regime because of the global health crisis. In December, High Representative Borrell announced that there was political agreement to move forward on a Magnitsky-like piece of legislation, which his team would begin drafting. Since then, we fear this work has been sidelined. In this time of global crisis, dictators and kleptocrats are only increasing their bad actions, making it more important than ever that the EU move quickly to make the EU Magnitsky Act a reality. Our second concern is that the proposal for an EU Magnitsky Act does not include sanctions for officials involved in corruption. It has become clear that corruption and human rights abuse are inextricably linked. The lack of provisions to sanction corruption would weaken the comprehensive Magnitsky approach. It would also lead to difficulties synchronizing U.S. and EU sanctions by enabling corrupt officials barred from the United States to continue operating in the EU, thus diminishing our deterrent and increasing Europe’s vulnerability to exploitation. Finally, we are concerned that the EU is not planning to include Magnitsky’s name on the sanctions regime. It was Sergei Magnitsky who stood up to a ruthless, violent, and corrupt state and demanded fairness and accountability for his fellow citizens. And it was Sergei Magnitsky who started this very effort to end impunity for human rights abusers and corrupt officials. Omitting the name of Magnitsky, who was jailed, tortured, beaten, murdered, and posthumously convicted, would indicate a lack of resolve to stand up to brutal regimes around the world. Therefore, we request that you ask the High Representative Borrell to expedite the adoption of their sanctions, include provisions for sanctioning corruption, and ensure that the EU sanctions regime bears Sergei Magnitsky’s name. It is important that we do not let our guard down and continue our global leadership in this important area. Sincerely, Benjamin L. Cardin Roger F. Wicker Ranking Member Co-Chairman
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speech
Remarks from Sen. Cardin Concerning COVID-19 Emergency Responses
Friday, May 08, 2020OSCE PA Webinar: Respecting Human Rights And Maintaining Democratic Control During States of Emergency Thank you, Mr. President Tsereteli and Secretary General Montella, for organizing this dialogue. Director Gisladottir and Mr. Abramowitz, thank you for the work each of you is doing to shine a light on the human rights and democracy implications of emergency measures introduced in response to the COVID-19 pandemic, as well as the implications of other government actions taken during this public health crisis that may threaten the health of our democracies. As parliamentarians, we have a responsibility to ensure that the measures we introduce and which our governments implement are consistent with OSCE standards on human rights and democracy, including the 1991 Moscow Document’s commitments regarding states of emergency. Those actions must be necessary, proportional, transparent, and temporary. Emergency provisions which restrict freedom of speech or freedom of the media are especially concerning and may actually undermine our efforts to address this health emergency. We need to ensure that journalists, medical professionals, scientists and others can provide the public with information we need to battle covid. Muzzling independent voices undermines public confidence in government at a time when that confidence and public cooperation is critical to the success of the safety measures we need. And yes, sometimes this means governments are going to hear they they’re not getting it right and sometimes governments will need to make course corrections. But there’s a big difference between addressing bad news and suppressing bad news. A robust civil society is a critical partner to each of our governments and will strengthen our resilience. Unfortunately, just this virus exploits vulnerabilities of pre-existing conditions, some governments may exploit the human rights limitations already in place before this pandemic, including laws or practices that unduly restrict civil society, or limit the freedoms of expression, association, or assembly. President Tseretelli, your appointment of a Special Representative on Civil Society last August could not have come at a more important time. I hope members of this assembly will advance efforts to protect the core fundamental freedoms that are essential for civil society voices to be heard and support the work of my colleague, Special Representative Pia Kauma. We also need to ensure that civil society voices continue to be heard within the OSCE. As we look ahead to how the participating States organize human dimension activities this year, and particularly the annual Human Dimension Implementation Meeting, it is critical that we preserve the access and openness that have made the OSCE such an important forum for human right defenders. Whether OSCE meetings are in person or online, those standards of access should be preserved. Finally, democratic institutions, including as the rule of law, the independence of the judiciary, and free elections, must be preserved even during states of emergency. I think this is really one of the most important contributions of the 1991 Moscow Document — it speaks to these exact points: “A state of public emergency may not be used to subvert the democratic constitutional order.” “The participating States will endeavor to ensure that the normal functioning of the legislative bodies will be guaranteed to the highest possible extent during a state of public emergency.” “The participating States will endeavor to ensure that the legal guarantees necessary to uphold the rule of law will remain in force during a state of public emergency.” We may need to make changes in how our courts hear cases or the mechanics of our elections. But a health emergency does not diminish our commitment to ensure the integrity of our democratic institutions. The United States will proceed with our elections in a manner that ensures the public’s safety and respects the rights of voters, and consistent with our OSCE commitments. Thank you.
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article
Reflecting on Chechnya
Friday, March 13, 2020By Mia Speier, Max Kampelman Fellow On December 11, 1994, Russian forces advanced into Chechnya, a republic in the North Caucasus near Georgia and Azerbaijan, to stop an attempt at secession. A Chechen separatist movement started to gain momentum following the collapse of the Soviet Union and the Russians refused to allow any chance at separation. This marked the start of the First Chechen War, a conflict that erupted after decades of hostilities between the former Soviet government and the Chechen forces. The war dragged on for nearly two years, destroying the capital city of Grozny and killing tens of thousands of people—mostly civilians. The conflict, which started as an internal national movement, was complicated by flows of foreign money and foreign fighters. Militant Islamists joined the fight against Russia during the latter half of the war as part of a declared global jihad. Officials in Russia feared a repetition of the violence that occurred during the Soviet war in Afghanistan nearly a decade prior. Though Russia withdrew from Chechnya for a short time after the first war, the Second Chechen War broke out in 1999. This second war began after Putin blamed Chechen secessionists for bombings that killed Russian civilians, although there was no evidence of Chechen involvement in the bombings. Russian forces were sent into the republic again, and the Russian government succeeded in putting Chechnya under its control. Since then, the region has been a republic of Russia and is governed by Putin-appointed president Ramzan Kadyrov. Amid the conflict, however, the international community took steps to confront Russian aggression and violence in the region. On March 13, 1997, the U.S. Helsinki Commission convened a hearing called “The Future of Chechnya,” to discuss the efforts of Chechen citizens to free themselves from Russia’s painful yoke and fight back against Moscow’s defiance of international principles and the rule of law. The Helsinki Commission hearing focused on the 1994 Organization for Security and Cooperation Budapest Document that requires all participating States, including Russia, to ensure that their armed forces are commanded in a way that is consistent with international law. At the time of the hearing, an estimated 30,000 to 80,000 people had died in the territory, and tens of thousands of citizens had been displaced. The violence against and displacement of citizens in Chechnya was a clear violation of the Budapest Document. Then-Chairman Rep. Alfonse M. D’Amato chaired the hearing and noted that though many people were paying attention to the ongoing conflict in Bosnia at the time, it was important to also pay attention to the conflict in Chechnya and, more specifically, to think about the role of the OSCE in the region. “The world watched, horrified, as the Russian military used massive firepower against the Chechen guerrillas,” D’Amato said. “While the international community recognizes the principles of territorial integrity, there can be no doubt that in its effort to keep the Chechens in the Russian Federation, the Russian Government violated recognized international principles.” Since 1997, the Helsinki Commission has held several other public events related to human rights abuses, arbitrary arrests, abductions, and disappearances and the plight of Chechen refugees. In 2003, the commission penned a letter to then-Secretary of State Colin Powell urging the U.S. delegation at the United Nations Commission on Human Rights in Geneva to express concern over reported rights violations in Chechnya. Though it has been nearly 30 years since the First Chechen War, the situation in Chechnya remains bleak. In 2017, Congress passed a bipartisan resolution condemning widespread anti-LGBT persecution and violence in Chechnya after it was revealed that state law enforcement officials beat, imprisoned, and murdered hundreds of men perceived to be gay or bisexual. In June 2018, then-Chairman (and current Co-Chairman) Sen. Roger Wicker and Sen. Benjamin Cardin penned a letter to Secretary of State Mike Pompeo urging the United State to invoke the OSCE’s Moscow Mechanism in response to escalating human rights abuses in Chechnya. The Moscow Mechanism allows for the establishment of a short-term fact-finding mission to address a specific human rights concern in the OSCE region. In November 2018, the 16 of the 57 OSCE participating States invoked the Moscow Mechanism to investigate the alleged disappearances, killings, and torture taking place in Chechnya—all of which were concerns raised at a Helsinki Commission hearing just months prior. Though Russia failed to cooperate with the fact-finding mission, the resulting report concluded that the evidence clearly confirmed the allegations of very serious human rights violations and abuses in the Chechen Republic of the Russian Federation. Today, multiple reports of journalists and bloggers in Chechnya being beaten or murdered calls for even more concern for individual freedom and civil liberties in the region. In early February, Yelena Milashina, a prominent Russian journalist and lawyer who exposed the cruelty against gay Chechen men, was beaten in Grozny. Imran Aliev, an outspoken Chechen blogger who criticized President Ramzan Kadyrov, was found murdered in France earlier this year. Aliev’s death is one of many deaths and disappearances in recent years of Chechen dissidents throughout Europe, sparking heightened fears of Chechen death squads hunting down those seeking asylum outside of the republic.
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press release
Helsinki Commission Chairman Condemns Russian-backed Syrian Government Offensive in Idlib
Wednesday, March 04, 2020WASHINGTON—In response to mounting casualties from clashes between Turkish and Russian-backed Syrian forces in northwestern Syria and the Turkish government’s decision to open its borders to refugee flows toward mainland Europe, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “A vicious Russian and Syrian government offensive in Idlib province is responsible for the unacceptable military escalation, civilian suffering, and displacement crisis we have witnessed in recent days and weeks,” said Chairman Hastings. “Presidents Putin and Assad must stop this assault immediately and comply with international humanitarian law requiring them to protect civilians and civilian infrastructure. I further urge the Trump administration to deploy appropriate resources to address these pressing security and humanitarian challenges, which will undoubtedly impact the OSCE region. We must sustainably meet the needs of the most vulnerable and the countless refugees resulting from Russian and Syrian aggression.” On February 27, Russian-backed Syrian forces killed at least 33 Turkish soldiers in the northwestern Idlib province of Syria. Following this incident, the Turkish government announced the opening of Turkey’s borders for refugees and migrants to go westward to European Union member countries, despite the March 2016 EU-Turkey agreement “to end the irregular migration from Turkey to the EU.” That agreement is founded on the multi-billion euro EU Facility for Refugees in Turkey established in 2015. According to the United Nations High Commission for Refugees in a March 2 statement, the daily rate of refugees and asylum-seekers arriving in Greece from Turkey has increased in March. Since early December, fighting in northwestern Syria has displaced more than 948,000 people, including 569,000 children and 195,000 women, according to the United Nations Office for the Coordination of Humanitarian Affairs. Turkey hosts more than 3.5 million Syrian refugees. Along with the United States, Tukey is a NATO ally. The United States, Russian Federation and Turkey, are participating States of the Organization for Security and Cooperation in Europe (OSCE).
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hearing
Human Rights and Democracy
Wednesday, January 29, 2020For nearly three decades, the Organization for Security and Cooperation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) has been at the forefront of efforts to promote human rights and democracy throughout the 57-nation OSCE region. Although best known for international election observation, ODIHR has also been instrumental in countering various forms of intolerance, helping governments combat human trafficking, protecting human rights defenders, and implementing OSCE commitments to fundamental freedoms. The U.S. Helsinki Commission convened the hearing to demonstrate bipartisan support for ODIHR, to reinforce the U.S.’s support related OSCE initiatives, and to hear about the ongoing work of ODIHR. Commission Ranking Member Rep. Joe Wilson (SC-02) chaired the hearing and was joined by Commissioners Rep. Robert Aderholt (AL-04), Rep. Steve Cohen (TN-09), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. Wilson’s opening remarks highlighted the historic achievements of ODIHR, which include assisting countries to “transition from communism to democracy,” supporting “civil society participation in OSCE events,” and facilitating “strong cooperation with the Parliamentary Assembly.” In her first appearance before Congress, ODIHR Director Ambassador Ingibjörg Sólrún Gísladóttir addressed multiple challenges that have impeded the effectiveness of ODIHR activities. She then outlined ODIHR’s role in offering proactive solutions. In particular, Ambassador Gísladóttir stressed the importance of dialogue and asserted that democracy is about “respect and trust, an acceptance of differing opinions, an exchange of views, and the willingness to share power and seek compromise.” She concluded on an optimistic note, emphasizing unity within the OSCE and its “commitment to democracy and to the wellbeing of its people.” Although conscious of ODIHR’s efforts, commissioners voiced concerns that some OSCE participating States are not complying with their commitments to uphold basic human rights standards. Commissioners specifically acknowledged restrictions on religious freedom in Russia, poor conditions for activists and journalists, and rising anti-Semitism and discrimination against the Roma people across the region. This hearing continued the Helsinki Commission practice of regularly engaging with senior OSCE officials.The Commission typically holds hearing with the foreign minister of the country holding the rotating chairmanship of the OSCE. The Commission has also held hearings with previous ODIHR directors as well as the OSCE Representative on Freedom of the Media.
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hearing
Life Under Occupation
Tuesday, January 28, 2020Nearly six years into Russia’s illegal occupation of Crimea, the human rights situation there continues to deteriorate. Russian authorities have restricted freedom of speech and assembly, suppressed civil society activity, persecuted religious and ethnic minorities, muzzled dissent, and continue to implement an aggressive process of “Russification” toward residents of the peninsula. The U.S. Helsinki Commission convened the hearing to explore Russia’s ongoing assault on Crimea’s vulnerable minorities, as well as its blatant disregard for human rights. As an occupying power, Russia bears the full weight of responsibility for the abuses being inflicted on the population of Crimea. Panelists discussed Russia’s repression of basic freedoms in Crimea and persecution of those who don’t recognize Russian authority. Commission Chairman Rep. Alcee L. Hastings (FL-20) chaired the hearing and was joined by Commission Co-Chairman Sen. Roger Wicker (MS) and commissioners Sen. Sheldon Whitehouse (RI), Rep. Robert Aderholt (AL-04), and Rep. Marc Veasey (TX-33). Chairman Hastings’ opening remarks addressed Russia’s attempts to stymie Ukraine’s relationship with the European community and the brutal tactics used throughout Crimea’s occupation. Hastings shed a light on the harsh reality of Russia’s continued occupation, which is “aimed at forcing a proud people into submission, whether they be civil society activists, community or religious leaders, artists, journalists, or simply those whose religion and ethnicity are viewed with distrust and fear.” This hearing featured testimony from Oleg Sentsov, a Ukrainian writer and filmmaker who was sentenced to 20 years in jail by a Russian court on trumped-up charges of terrorism in 2014. In 2018, Sentsov became a worldwide symbol of defiance and courage when he launched a hunger strike on behalf of all Ukrainian political prisoners being held by Russia. He was released in September 2019. Tamila Tasheva, Deputy Permanent Representative of the President of Ukraine in the Autonomous Republic of Crimea, and Melinda Haring, Deputy Director of the Atlantic Council’s Eurasia Center, also served as witnesses. Sentsov addressed Russia’s “fabricated legal cases” and “long-term imprisonment” against those who simply think differently. He also testified about the various forms of torture he endured in a Russian prison. Sentsov voiced his appreciation for the United States’ continued efforts to counter Russian aggression in Ukraine and asked that Congress maintain pressure on the Putin regime. Tasheva focused her testimony on Russia’s persecution and internal displacement of “disloyal” groups, specifically the Crimean Tatars. Tasheva also called for the creation of an “international platform for negotiations on the return of the temporarily occupied Autonomous Republic of Crimea and the city of Sevastopol to sovereign Ukrainian jurisdiction.” Haring addressed the lack of free press in Crimea, asserting that “the media is controlled by the government.” She praised Radio Free Europe/Radio Liberty’s Crimea service, which tracks developments in Crimea and broadcasts them in three languages to the Crimean population. Haring also warned that the situation in Crimea is worsening, and that Russia has “effectively turned Crimea into a Russian military base.” Throughout the hearing, commissioners expressed their concerns for freedom of religion, freedom of movement, and freedom of the press in Crimea. Commissioners also assured witnesses that support for President Zelensky and the fight for freedom in Ukraine is bipartisan and resolute.
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press release
Director of OSCE Office For Democratic Institutions and Human Rights to Testify at Helsinki Commission Hearing
Wednesday, January 22, 2020WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: HUMAN RIGHTS AND DEMOCRACY Obstacles and Opportunities in the OSCE Region Wednesday, January 29, 2020 10:00 a.m. Longworth House Office Building Room 1334 Live Webcast: www.youtube.com/HelsinkiCommission For nearly three decades, the Organization for Security and Cooperation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) has been at the forefront of efforts to promote human rights and democracy throughout the 57-nation OSCE region. In her first appearance before Congress, ODIHR Director Ambassador Ingibjörg Sólrún Gísladóttir will discuss the organization’s flagship work in international election observation; countering anti-Semitism and other forms of intolerance; and helping governments to combat human trafficking, protect human rights defenders, and better implement their commitments to fundamental freedoms including assembly and religion. The OSCE, the world’s largest regional security body, is based on a comprehensive concept of security that recognizes that respect for human rights and functioning democratic institutions underpin regional peace and security. ODIHR provides support, assistance, and expertise to participating States and civil society to promote democracy, rule of law, human rights, and tolerance and non-discrimination. ODIHR observes elections at the invitation of participating States, reviews legislation, and advises governments on how to develop and sustain democratic institutions. The office also works closely with the OSCE’s field operations and organizes Europe’s largest annual human rights meeting, bringing together annually hundreds of government officials, international experts, civil society representatives and human rights activists.
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Smith Leads Mission to Genocide Survivors in Iraq
ERBIL, Iraq—Just days before Christmas, a leading human rights lawmaker, Rep. Chris Smith (NJ-04), went to Iraq to witness first-hand the plight of Christians who escaped ISIS into the Erbil area of the Kurdistan region and the failure of the Obama Administration to help them.
After meeting with Christian families and leaders, and officials from the U.S., other OSCE participating States, and the United Nations, Smith said he returns to Washington to lead Congressional efforts to target more humanitarian aid to Christians and other religious minorities who have survived genocide. Smith also visited a camp for 6,000 internally displaced people, managed and supported by the Chaldean Catholic Archdiocese of Erbil.
“This Christmas season, the survival of Christians in Iraq, where they have lived for almost 2,000 years, is at stake,” said Smith, who chairs both the Commission on Security and Cooperation in Europe and the House panel on global human rights and international organizations. “Today I met with Christian families who survived the ISIS genocide and have been ignored for two years by the Obama Administration. I hope that President-Elect Trump will act urgently to make sure his Administration helps these Christians with the funds Congress has approved for survivors of ISIS atrocities.”
The Syriac Orthodox Archbishop of Mosul, Nicodemus Daoud Sharaf, who had to flee ISIS and seek refuge in Erbil, told Smith, “So often concern for Christians is minimized. I am so happy, because you are the first American who has come to just ask about the Christians. We pray that President Trump will help us. We are the last people to speak the Aramaic language. Without help, we are finished.”
“I also saw how the Obama Administration has shortchanged organizations conducting criminal investigations and collecting, preserving, and preparing evidence usable in criminal trials. Perpetrators will dodge punishment unless there is specific evidence linking them to specific atrocity crimes. My Iraq and Syria Genocide Relief and Accountability Act legislation is a blueprint for how to assist Christians and other genocide survivors and hold perpetrators accountable. I will be working tirelessly to get this bill on the new President’s desk when we reconvene in January,” added Smith.
Responding to reports that the UN Office on the Prevention of Genocide is considering excluding Christians from its findings of ISIS genocide victims and recommendations for prosecution, Smith said, “Even the Obama Administration determined that ISIS has been committing genocide against Christians. It would be outrageous if the UN ignored the overwhelming evidence and turned its back on these people who have suffered so much.”
Background
In 2002, there were as many as 1.4 million Christians in Iraq. After years of sectarian conflict, followed by the ISIS genocide that began in 2014, they have dropped to less than 250,000. Most of the Christians who survived ISIS fled to the Erbil area, which now hosts more than 70,000 internally displaced Christians, almost a third of all Christians in Iraq. Iraqis have been eight percent of the refugees and migrants who arrived by sea in the OSCE region in 2016.
The Chaldean Catholic Archdiocese of Erbil has provided most of the assistance to these displaced Christians – and has also assisted Yezidis and Muslims – including food, shelter, medical care, trauma care, and preparations for the impending winter. Smith was invited to Erbil by Archbishop Bashar Warda, head of the Archdiocese. During their meeting, Archbishop Warda emphasized that unless the ancient Christian communities of Iraq received significant financial support very soon, they may not survive.
At a September hearing of the Commission on Security and Cooperation in Europe, chaired by Smith and titled Atrocities in Iraq and Syria: Relief for Survivors and Accountability for Perpetrators, Steve Rasche, Legal Counsel and Director of IDP Resettlement Programs for the Archdiocese, testified and said, “Since August 2014, other than initial supplies of tents and tarps, the Christian community in Iraq has received nothing in aid from any US aid agencies or the UN.”
He added, “There’s a mistaken belief that it doesn’t get cold in Iraq. It snows in Erbil in the wintertime. Even the people that we’ve put in shelters, it gets incredibly cold for them at night, and so there are additional costs for heating oil and blankets. That is a concern for us. Our costs will go up.”
Since 2013, Smith has chaired nine congressional hearings on atrocities in Iraq and Syria, including one titled The ISIS Genocide Declaration: What Next? and another titled Fulfilling the Humanitarian Imperative: Assisting Victims of ISIS Violence. He is also the author of the bipartisan Iraq and Syria Genocide Relief and Accountability Act (H.R. 5961), co-sponsored by Rep. Anna Eshoo (CA-18), which includes key provisions directing the U.S. Administration to:
- Support entities that are effectively serving genocide survivors in-country, including faith-based entities;
- Assess and address the humanitarian vulnerabilities, needs, and triggers that might force survivors to flee their homes;
- Identify warning signs of deadly violence against genocide survivors and other vulnerable religious and ethnic communities in Iraq or Syria;
- Support entities that are conducting criminal investigation into perpetrators of genocide, crimes against humanity and war crimes in Iraq and Syria;
- Close gaps in U.S. law so that the American justice system can prosecute foreign perpetrators present in the U.S., as well as any Americans who commit such crimes;
- Encourage foreign countries to add identifying information about suspected perpetrators of such atrocity crimes in their security databases and security screening;
- Create a “Priority Two” (“P-2”) designation for persecuted religious and ethnic groups in Iraq or Syria.
This legislation is supported by many groups including the Knights of Columbus, 21st Century Wilberforce Initiative, In Defense of Christians, Yazidi Human Rights Organization International, Commission for International Justice and Accountability, Center for Religious Freedom at the Hudson Institute, Religious Freedom Institute, Simon Wiesenthal Center, Open Doors, and others.
The bill has also been endorsed by all of the former U.S. Ambassadors-at-Large for War Crimes: David Scheffer (1997-2001), Pierre-Richard Prosper (2001-2005), Clint Williamson (2006-2009), and Stephen Rapp (2009-2015).
Smith also authored the bipartisan H. Con. Res 121, which the House passed overwhelmingly and calls for the formation of an ad hoc tribunal for perpetrators of crimes against humanity and war crimes in the Syrian conflict.
Just last week, the President signed into law the bipartisan, historic Frank Wolf International Religious Freedom Act (H.R. 1150), which Smith authored and Eshoo co-sponsored. This law makes sweeping changes that will help ensure that the U.S. Administration and the State Department have the tools, training, and resources to anticipate, help prevent, and respond to genocide and other persecution against religious communities like Christians in Iraq and elsewhere.
Smith continues to encourage leaders in other OSCE countries to provide more humanitarian assistance to Christian genocide survivors and support criminal investigations into and prosecutions of perpetrators.