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U.S. Delegation to OSCE PA Drives International Action against Human Trafficking, Discrimination, and Anti-Semitism

Abuse of Interpol Mechanisms also Challenged
Friday, July 08, 2016

WASHINGTON—Seven members of Congress traveled to the OSCE Parliamentary Assembly (OSCE PA) Annual Session in Tbilisi, Georgia last week to demonstrate the U.S. commitment to the principles of the Helsinki Final Act, including respect for human rights and fundamental freedoms.

At the Annual Session, which brought together nearly 300 parliamentarians from 54 of the 57 OSCE participating States, the U.S. lawmakers introduced several successful resolutions and amendments targeting current challenges facing the OSCE region, ranging from human trafficking to discrimination and anti-Semitism to the abuse of Interpol mechanisms to target political opponents and activists.

The delegation included Helsinki Commission Chairman Rep. Chris Smith (NJ-04), Co-Chairman Sen. Roger Wicker (MS), Commissioner Rep. Robert Aderholt (AL-04), Commissioner Rep. Randy Hultgren (IL-14), Rep. Mike Fitzpatrick (PA-08), Rep. Richard Hudson (NC-08), and Rep. David Schweikert (AZ-06). Rep. Aderholt currently serves as a vice-president of the OSCE PA, while Sen. Wicker was re-elected to a third term as chair of the OSCE PA Committee on Political Affairs and Security, also known as the First Committee, during the annual meeting.

Chairman Smith led international lawmakers in battling international human trafficking and child sex tourism through a successful resolution calling on all OSCE participating States to raise awareness of sexual exploitation of children in travel and tourism (SECTT), especially by convicted pedophiles, business travelers, and tourists. Chairman Smith, who serves as the OSCE PA Special Representative on Human Trafficking Issues, also hosted a July 3 briefing on U.S. efforts to prevent SECTT through a new international reciprocal notification system – known as International Megan’s Law – that facilitates timely communications among law enforcement agencies.

A second U.S. resolution, authored by OSCE PA Special Representative for Anti-Semitism, Racism and Intolerance and Helsinki Commission Ranking Sen. Ben Cardin (MD), called for action against the anti-Semitic and racist violence sweeping across North America and Europe. The resolution, which passed overwhelmingly, urged members of the OSCE to develop a plan of action to implement its long-standing body of tolerance and non-discrimination agreements, called for international efforts to address racial profiling, and offered support for increased efforts by political leaders to stem the tide of hate across the region. The resolution was fielded by Commissioner Hultgren.

Chairman Smith also called on participating States to more effectively prevent and combat violence against European Jewish communities through the introduction of two amendments to the resolution of the OSCE PA General Committee on Democracy, Human Rights and Humanitarian Questions (also known as the Third Committee). His first amendment called for the explicit recognition of the increase in anti-Semitic attacks in the region, while the second encouraged participating States to formally recognize and partner with Jewish community groups.

Responding the abuse of Interpol systems for politically motivated harassment by Russia and other members of the OSCE, Co-Chairman Wicker authored a successful amendment to the First Committee resolution, which called on participating States to stop the inappropriate placement of Red Notices and encouraged Interpol to implement mechanisms preventing politically motivated abuse of its legitimate services. The amendment was fielded by Rep. Hudson.

During the Annual Session, members of the delegation also offered strong support for important resolutions fielded by other countries, including one by Ukraine on human rights in illegally occupied Crimea and another on the 30th anniversary of the Chernobyl nuclear accident. They voted for a highly relevant resolution on combating corruption fielded by Sweden, and helped to defeat a Russian resolution attacking the Baltic States, Poland and Ukraine in the context of combating neo-Nazism.  U.S. delegates indicated their support for the work of attending Azerbaijani human rights activists, and met with attending members of the Israeli Knesset. 

While in Tbilisi, the group also met with several high-ranking Georgian officials, including Prime Minister Giorgi Kvirikashvili; Tedo Japaridze, Chairman of the Foreign Relations Committee, Parliament of Georgia; Mikheil Janelidze, Georgian Minister of Foreign Affairs; and David Bakradze, Georgian Minister of European and Euro-Atlantic Integration.

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
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      By Paul Massaro, Policy Advisor and Woody Atwood, Intern At the final 2017 hearing of the U.S. Helsinki Commission, Members of the Commission’s leadership recognized the retirement and lifetime of achievement of the Commission’s Chief of Staff Ambassador David Killion after 23 years of federal service. “Ambassador Killion’s leadership has contributed greatly to enhancing the stature and impact of our Commission as it develops U.S. policy responses to critical security threats in the OSCE region,” said Chairman Senator Roger Wicker (MS). “With his considerable diplomatic skills, he has also managed to keep our Commission unified, enabling us to speak with a strong voice when necessary on issues such as Russia’s violation of its Helsinki commitments. In addition, Ambassador Killion has extended Commission leadership to new and critically relevant policy areas such as the effort to combat kleptocracy.” Representative Chris Smith (NJ-04), Co-Chairman of the Helsinki Commission, thanked Ambassador Killion for his work at the Commission, and noted his long record of service with the House Committee on Foreign Affairs and as Ambassador to UNESCO. In particular, Representative Smith praised Ambassador Killion’s work to combat anti-Semitism in both roles. Senator Ben Cardin (MD), the Helsinki Commission’s Ranking Senator, joined the Chairman in thanking Ambassador Killion for his service to the Commission. “What we really love about this Commission and its work is that it’s never been partisan.  It’s been professional. And Mr. Killion has continued that legacy during extremely difficult, turbulent times,” he said. Ambassador Killion was jointly appointed as Chief of Staff by Senator Wicker and Senator Cardin in April 2014, shortly after Russia’s invasion of Crimea. From 2009 to 2014, he served as the U.S. Ambassador to the United Nations Educational, Scientific, and Cultural Organization (UNESCO). From 2001 to 2009, Ambassador Killion was the Senior Professional Staff Member for the U.S. House Committee on Foreign Affairs. He also served as Senior Legislative Management Officer in the Department of State’s Bureau of Legislative Affairs from 1996 to 2001. Photos Cover photo, from left: Bill Browder, Garry Kasparov, Ambassador David Killion, Senator Ben Cardin. In-text photo: Ambassador Killion surveys U.S. military preparedness in Lithuania.

  • Brexit: Parliamentary Perspectives

    On June 23, 2016, a majority of British citizens voted to leave the European Union (EU), in the so-called BREXIT referendum. Beyond its direct impact on both the United Kingdom (UK) and the European Union (EU), BREXIT has numerous implications for the entire OSCE region. Recent events in the U.S. Congress and European Parliament suggest that parliamentarians believe the impact could range from a weakened EU stance on human rights, to a stronger transatlantic alliance on economic matters, to little or no change in current U.S., EU, and OSCE security relationships.  Over the past few weeks, British Members of Parliament (MPs) have begun to engage in the arduous task of considering legislation to disentangle the UK from the EU.  What the Legislation Does The legislation, called the European Union (Withdrawal) Bill, would repeal the 1972 European Communities Act, which brought the UK into the EU.  Adoption of the withdrawal bill would allow EU law to be transposed into UK law to ensure continued consistency with EU rules and regulations on matters ranging from trade to workers’ rights following BREXIT. In addition, the bill would also empower Ministers and other government officials to make changes to UK law without the approval of Parliament in special cases, with the goal of streamlining bureaucratic processes.  Ideally, the bill would be adopted before March 2019 when the UK is scheduled to leave the EU. Challenges However, numerous complications surround passage of the bill.  First, parliamentarians are considering the bill even though a deal has yet to be finalized for the UK to leave the EU.  Talks between the UK and the EU set for December continue to focus on how much the UK is obligated to pay the EU upon departure; the new legal status  of EU citizens currently living and working in the UK, and vice versa; and trade and regulatory borders, in particular with Northern Ireland.  Currently, it appears that  border concerns with Ireland may have been resolved, costs may amount to close to 40 billion pounds, rights for EU and UK citizens will be preserved, and that the UK will also continue to be under the jurisdiction of the European Court of Justice… all of which should be officially determined during talks next week. Other issues also impact passage of the bill.  Parliamentarians are currently legislating without “BREXIT impact assessments” – information they say they need to forecast how BREXIT may impact a variety of sectors from industrial to finance.  Some MPs object to the legislation because empowering Ministers to make changes without the approval of Parliament could circumvent the standard checks-and-balances process, leading to weak legislation.  Other MPs want to ensure European Court of Justice and some other rules will still apply to the UK during the years it is expected it may take to transpose and/or write new laws to take the place of +20,000 EU laws, regulations, and other legal instruments that would otherwise cease to exist following BREXIT.  While many of these issues remain in question until a final agreement can be reached, ultimately UK MPs have the final vote on the UK’s withdrawal from EU.  As such, parliamentary perspectives on BREXIT continue to be front and center.  Recent BREXIT-Related Events in the U.S. Congress and European Parliament Parliamentarians and Commissioners Discuss Europe’s Changing Landscape and BREXIT Brexit: A Negotiation Update End of a fruitful dialogue? Impact of Brexit on Equality and anti-discrimination in the EU & UK Impact of Brexit on Equality and Anti-Discrimination in the EU & UK

  • The Magnitsky Act at Five

    In 2009, Russian tax lawyer Sergei Magnitsky was brutally murdered in prison after uncovering the theft of $230 million by corrupt Russian officials. On December 14, 2012, the Sergei Magnitsky Rule of Law Accountability Act was signed into law in the United States, establishing punitive sanctions – including financial freezes and visa restrictions – for those complicit in Magnitsky’s murder and other human rights abuses in the Russian Federation.  For the past five years, the Magnitsky Act has served as a basis for fighting corruption in Russia and the Putin regime’s systematic violations of the human rights of Russian citizens. On the fifth anniversary of the Magnitsky Act, the Helsinki Commission examined the implementation of the legislation, the resistance of the Russian government to it, and the impact of sanctions on senior members of Putin’s inner circle. The Commissioners heard testimony from William Browder, CEO of Hermitage Capital Management, Garry Kasparov, Chair of the Human Rights Foundation, and the Hon. Irwin Cotler, PC, OC, Chair of the Raoul Wallenberg Centre for Human Rights. Sen. Roger Wicker (MS), Chairman of the Helsinki Commission, began by recognizing the retirement of Amb. David Killion, Chief of Staff of the Commission since 2014, and thanking Amb. Killion for his service. Before introducing the witnesses, Sen. Wicker condemned the corruption plaguing the Russian government, and quoted the murdered Russian opposition politician Boris Nemtsov, who called the Magnitsky Act “the most pro-Russian law passed in the United States.” Rep. Chris Smith (NJ-04), Co-Chairman of the Commission, criticized the Russian government’s response to the Magnitsky Act. He described the harm done to vulnerable Russian orphans by their government’s decision to ban American parents from adopting children from Russia. Mr. Smith also noted that he and many other Americans involved in the passage of the Magnitsky Act have since been denied visas to enter Russia. This response, he said, shows that the Magnitsky Act “struck right to the heart of the Kremlin’s elite.” Sen. Ben Cardin (MD), the Helsinki Commission’s ranking senator, praised the witnesses for their commitment to promoting human rights in Russia, and thanked the members of the Helsinki Commission and other members of Congress who played a role in the passage of the Magnitsky Act. Mr. Cardin also recognized the passage of Magnitsky legislation in Canada, Estonia, Lithuania, and the United Kingdom, and recalled the power of American leadership on human rights, noting that, “when we lead, we find that other countries follow.” William Browder, the first witness to testify, recalled the historic nature of the Magnitsky Act. “On the day it passed, I could never have predicted how far the Magnitsky Act would spread around the world,” he said. “Without exaggeration, it has become the most important piece of human rights legislation passed in this century.” He also called attention to the future of the Magnitsky movement, noting that the parliaments of Ukraine, South Africa, and Gibraltar are considering introducing similar legislation. In closing, Mr. Browder presented several suggestions to the Commission, including adding additional names to the list of sanctioned individuals, and encouraging other G7 countries to adopt Magnitsky legislation. Garry Kasparov reiterated that the targeted sanctions imposed by the Magnitsky Act only apply to corrupt officials, and not the Russian people. “Russian national interest and Putin’s interests are diametrically opposed in nearly every way,” he said. “This is why legislation that targets Putin and his mafia is pro-Russian, not anti-Russia.” Mr. Kasparov observed that the Kremlin’s reaction proved the worth of the Magnitsky Act, and that, “it is essential to increase the pressure, to continue with what works now that the right path has been confirmed.”  At the conclusion of his testimony, Kasparov observed that “Putin and his gang . . . aren’t jihadists or ideologues, they are billionaires. . . .  Follow the money, the real estate, the stock and reveal it, freeze it, so that one day it can be returned to the Russian people from whom it was looted.”  More succinctly in a follow-up question, he quipped, “Banks, not tanks.” Irwin Cotler gave an overview of the passage of the Canadian Magnitsky Act, and described the goals of the global Magnitsky movement. The aim of Magnitsky legislation is “to combat the persistent and pervasive culture of corruption, criminality, and impunity and the externalized aggression abroad, of which Putin’s Russia is a case study” and “to deter thereby other prospective violators,” he said. Passing such legislation also “tells human rights defenders, the Magnitskys of today, that they are not alone, that we stand in solidarity with them, that we will not relent in our pursuit of justice for them, and that we will undertake our international responsibilities in the pursuit of justice.”

  • OSCE Adopts Child Trafficking Ministerial Decision Modeled on Initiative of Co-Chairman Smith

    WASHINGTON—On December 8, the OSCE concluded its annual meeting of the Foreign Ministers of 57 OSCE participating States by adopting a ministerial decision on combatting child trafficking—modeled on OSCE Parliamentary Assembly (PA) resolutions adopted in 2016 and 2017, authored by Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04).  Rep. Smith is the Special Representative on Human Trafficking Issues in the OSCE PA. Entitled “Strengthening Efforts to Combat All Forms of Child Trafficking, Including for Sexual Exploitation, as well as Other Forms of Sexual Exploitation of Children,” the decision provides practical steps for participating States to protect children from traveling sex offenders, and from misuse of the internet for child trafficking and other sexual exploitation.  “Traveling sex offenders rely on secrecy and anonymity to commit crimes against children; the new decision will deter the sexual exploitation of children at home and abroad, and aid in the prosecution of child sex traffickers,” said Smith. The decision calls on each of the OSCE participating States to keep a register of individuals who have committed sex offenses against a child, and to share that information with the law enforcement in destination countries—which would give the United States warning of foreign sex offenders entering U.S. borders.  The decision also calls on OSCE participating States to enact extra-territorial jurisdiction in order to “prosecute their citizens for serious sexual crimes against children, even if these crimes are committed in another country.”   “Some believe the laws of a destination country allow sexual exploitation of a child, or rely on the fact that the judicial system in the destination country is weak,” Smith continued.  “The Ministerial decision underscores the universal human rights of the child to be protected from sexual exploitation and calls for participating States to put all abusers on notice—they will be prosecuted when they return home.”  In addition, the Ministerial decision echoes the Parliamentary Assembly resolutions by calling for accountability of those who misuse the Internet to knowingly or recklessly facilitate access to children for sexual exploitation or child trafficking—such as by advertising children on websites—highlighting that such individuals should be prosecuted as traffickers. “With this binding decision, the foreign ministries of the 57 OSCE participating States stand united with the OSCE Parliamentary Assembly to protect children from trafficking and other sexual exploitation across the OSCE region,” said Smith. Smith first raised the issue of human trafficking at the 1999 OSCE PA Annual Session in St. Petersburg, the first time it appeared on the OSCE agenda. Since then, he has introduced or cosponsored a supplementary item and/or amendments on trafficking at each annual session of the OSCE PA, including on issues such as sex tourism prevention, training of the transportation sector in victim identification and reporting, corporate responsibility for trafficking in supply chains, and special protections for vulnerable populations. In addition to authoring the 2016 International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes through Advanced Notification of Traveling Sex Offenders, he authored the landmark U.S. Trafficking Victims Protection Act of 2000 and its 2003 and 2005 reauthorizations. Chairman Smith co-chairs the United States Congressional Human Trafficking Caucus.

  • Combating Kleptocracy with the Global Magnitsky Act

    In 2016, Congress passed the Global Magnitsky Act, which seeks to prohibit the worst foreign human rights offenders and most corrupt officials operating anywhere in the world from entering into the United States and to block their U.S. assets. This law requires that each year on December 10 (Human Rights Day), or the first day Congress is in session thereafter, the President submit a report to Congress that includes a list of each foreign person sanctioned under the law during the preceding year. The anti-corruption provisions are of particular interest given how wide-ranging and unprecedented they are as a tool to combat kleptocracy. While combating corruption has traditionally focused on internal reforms and best practices, the Global Magnitsky Act enables the United States to target those individuals who steal from their populations and abuse the global financial system as well as those who facilitate their grand corruption. This briefing provided an overview of the scourge of corruption in the OSCE region and how the Global Magnitsky Act can be employed to combat it. It included a discussion of the types of individuals and groups that should come under consideration for placement on the sanctions list and the ramifications of any such placement.

  • Wicker, Cardin Name Kyle Parker to Lead U.S. Helsinki Commission Staff

    WASHINGTON—U.S. Senators Roger Wicker (MS) and Ben Cardin (MD) have announced the joint appointment of Kyle Parker as the Senate Staff Director for the U.S. Commission on Security and Cooperation in Europe (U.S. Helsinki Commission). “The U.S. Helsinki Commission continues to be a force for promoting basic human rights and fundamental freedoms,” Senator Wicker said. “Kyle Parker is an accomplished foreign affairs professional with 18 years of experience in directing policy and managing foreign affairs staff. His proven ability to navigate complex international policy problems and build consensus between divergent parties makes him uniquely suited to advance America’s best interests on a global stage. Kyle and I have enjoyed a close working relationship for a long time, and I have always respected his counsel on issues of great importance. I am confident he will lead the Commission with honor and distinction.” “It is great to welcome Kyle back to the U.S. Helsinki Commission family. His years of public service and experience helping to advance our country’s bipartisan international leadership on democracy, human rights and good governance will be a strong asset to the Commission,” said Senator Cardin. “Along with Senator Wicker, I am proud that we will have someone with Kyle’s depth of knowledge of European issues and hands-on experience with Russia and anti-corruption measures at the helm of the U.S. Helsinki Commission at this critical moment. Combined with his strong legislative skills and proven successes, Kyle will be able to step into this new role ready from Day One.” Kyle Parker will serve as an advisor to Senators Wicker and Cardin, Chairman and Senate Ranking Member of the U.S. Helsinki Commission, respectively.  He will manage a professional staff charged with monitoring compliance with the Helsinki Accords and advancing comprehensive security through the promotion of human rights and the rule of law as well as economic, environmental, and military cooperation across the 57 participating States of the Organization for Security and Cooperation in Europe. The U.S. Helsinki Commission is a bipartisan, bicameral, Congressional-Executive branch agency comprised of nine members each from the Senate and House of Representatives, and one member each from the Departments of State, Defense, and Commerce. “Working with Helsinki Commissioners to create the Magnitsky Act remains the highlight of my career. What began in 2009, as a long shot, is now a movement redefining human rights advocacy around the world, and it all started right here,” Parker said. “I’m honored to have the confidence of Senators Wicker and Cardin and excited to be returning to the Commission at a time when its mandate is central to managing many of the security challenges facing the United States. The Commission’s staff of world-class experts has an institutional memory that is rare in this city of constant transition. A step removed from the partisan grind on Capitol Hill, the Commission has the space to think beyond the latest headlines and craft innovative solutions to difficult problems. Whether defending the principle of the territorial integrity of states in the face of Russia’s violent occupation of Ukraine, protecting the U.S. investment in peace in the Balkans, or using parliamentary diplomacy to combat the modern slave trade, the Helsinki Commission wields the transformative power of our values in the service of our national interests.” Parker most recently served on the House Foreign Affairs Committee as Ranking Member Eliot Engel’s top expert overseeing U.S. foreign policy toward the 50 countries and three international organizations (NATO, OSCE and EU) covered by the Department of State’s Bureau of European and Eurasian Affairs. From 2006 to 2014, Parker served as Policy Advisor for Eurasia at the U.S. Helsinki Commission. Appointed during the Chairmanship of U.S. Senator Sam Brownback, Parker directed hearings and investigations, developed legislation, and staffed Senators and Representatives from both parties. Prior to entering public service, Parker worked for the American Foreign Policy Council managing high-level political exchanges with post-Soviet states.

  • The International Tribunal and Beyond: Pursuing Justice for Atrocities in the Western Balkans

    Between 1991 and 2001 the Socialist Federal Republic of Yugoslavia, made up of six republics, was broken apart by a series of brutal armed conflicts. The conflicts were characterized by widespread and flagrant violations of international humanitarian law, among them mass killings of civilians, the massive, organized and systematic detention and rape of women, torture, and practices of ethnic cleansing, including forced displacement. In 1992 the U.N. established a Commission of Experts that documented the horrific crimes on the ground and led to the 1993 creation of the International Criminal Tribunal for the former Yugoslavia (ICTY). This month, after more than two decades of persistent, ground-breaking efforts to prosecute the individuals responsible for war crimes, crimes against humanity, and genocide in the former Yugoslavia, the ICTY is concluding its work. As it prepares to close its doors, this briefing will assess the tribunal’s achievements and limitations, and most importantly, what still needs to be done by the countries of the region to seek justice in outstanding cases, bring greater closure to victims, and foster greater reconciliation among peoples. Panelists discussed these questions and suggested ways that the United States, Europe, and the international community as a whole can encourage the further pursuit of justice in the Western Balkans.

  • Sea Rescues: Saving Refugees and Migrants on the Mediterranean

    Ships on the Mediterranean Sea have rescued 117,000 refugees and migrants bound for Europe so far in 2017, and many more since the crisis first reached the continent in 2015. In the past two years, almost 12,000 refugees and migrants have died or gone missing. Many of the sea rescues have been conducted by coast guard and naval ships from frontline European countries; the European Union’s Border and Coast Guard Agency, also known as Frontex; and EUNAVFOR MED Operation Sophia. Merchant ships have also played an important role in sea rescues of migrants and refugees on the Mediterranean. According to the International Chamber of Shipping, merchant ships have rescued more than 41,300 of them since 2015. This briefing examined how rescue operations work; what ships are obligated to do when they become aware of a vessel in distress; issues of human trafficking and smuggling; how well governments, shipping companies, and international organizations coordinate and collaborate with each other on sea rescues; major challenges that currently exist for navies, coast guards, and merchant ships involved in rescue operations; and recommendations to address these challenges.

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