Combating Torture and Assisting Victims of Torture

Combating Torture and Assisting Victims of Torture

Hon.
Benjamin Nighthorse Campbell
United States
Senate
108th Congress Congress
First Session Session
Thursday, June 26, 2003

Mr. President, I rise to address the barbaric practices that constitute torture as we mark the United Nations Day in Support of the Victims of Torture. Astonishingly, an estimated 500,000 victims of torture live in the United States today, including many in my home State of Colorado. The United States has provided vital leadership in the campaign to prevent torture around the world. The United States must not equivocate on this most basic of human rights.

While the United States has consistently spoken out forcefully against the use of torture around the world, serious questions have been raised suggesting U.S. complicity in torture as part of the war against terrorism. This prompted me to join other members of the Helsinki Commission in writing to the White House recently urging an investigation of "serious allegations that the United States is using torture, both directly and indirectly, during interrogations of those suspected of terrorism." Against this backdrop, I urge the administration to issue a forthright statement on torture. In his State of the Union Address, President Bush described the horrific forms of torture employed by the Hussein regime and concluded, "If this is not evil, then evil has no meaning." Even as experts document the scope of torture in Iraq, there must be no doubt concerning U.S. policy and practice.

As Cochairman of the Helsinki Commission, I am particularly concerned that torture remains a tolerated if not promoted practice by come countries, even within the membership of the 55-nation Organization for Security and Cooperation in Europe, OSCE.

In some places, like Uzbekistan, members of the political opposition or religious minorities are especially likely to be the victims of torture. Tragically, two more people there have joined the long list of those who have died in custody amid credible allegations of abuse and torture, just weeks after the European Bank for Reconstruction and Development hosted a prestigious meeting in Tashkent, and days after the Secretary of State determined Uzbekistan is eligible for continued U.S. assistance. Moreover, the shortsighted practice of making martyrs out of Islamic extremists may have exactly the opposite effect the government claims to be seeking in its efforts to combat terrorism.

In Georgia, torture and abuse comes hand in hand with police corruption. In the most recent State Department Country Report on human rights in Georgia, the Department stated: "[s]ecurity forces continued to torture, beat, and otherwise abuse detainees.... NGOs also blamed several deaths in custody on physical abuse, torture, or inhumane and life-threatening prison conditions." Even President Shevardnadze has, in the past, acknowledged the prevalence of abuse against detainees and prisoners. I welcome a new initiative of the OSCE Mission in Georgia to combat torture, but I would also note that antitorture initiatives have come and gone in Georgia with little to show for it. Without real political will, I am afraid this latest initiative may end up like the others.

In Turkey--a country which has been given particular attention by the Helsinki Commission--even the doctors who treat the victims of torture have become targets themselves. Their offices have been raided, records seized, and even some doctors have been arrested and tortured. Moreover, the patients of these doctors, all of whom have already suffered at the hands of the authorities, have often been rearrested, retortured and recharged based on their testimonies given to the medical authorities.

As a result of these practices, Turkey has been repeatedly sanctioned by the European Court of Human Rights. The Turkish nongovernmental organization, the Human Rights Foundation, appears to be making some headway in defending these doctors. Last year, Turkey's Grand National Assembly has passed significant legislation with severe penalties for those convicted of torture. A major effort still needs to be made to conform the application of the law in the regional courts of Turkey with the intent of the parliamentarians. The Helsinki Commission will continue to monitor developments in Turkey and the implementation of this law.

In the 1999 OSCE Istanbul Charter, the participating States committed themselves to "eradicating torture and cruel, inhumane or degrading treatment or punishment throughout the OSCE area. To this end, we will promote legislation to provide procedural and substantive safeguards and remedies to combat these practices. We will assist victims and cooperate with relevant international organizations and nongovernmental organizations, as appropriate."

Clearly a strategy to confront and combat torture must emphasize prevention of torture, prosecution of those who commit torture, and assistance for the victims of torture. As we mark the United Nations Day in Support of the Victims of Torture, I note the good work being done by the Rocky Mountain Survivors Center, located in Denver. The center is part of a nationwide network committed to assisting the victims of torture living in the United States.

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  • Wicker and Cardin Introduce Legislation to Defend U.S. Citizens and Diplomatic Staff from Political Prosecution in Turkey

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At least two other local staff of our consulate in Istanbul continue to face similar politically-motivated convictions without credible evidence of wrongdoing,” said Sen. Wicker. “Turkish authorities should immediately cease this harassment of our citizens and personnel. The bipartisan measure we are introducing today puts Turkey on notice that it can either quickly resolve these cases and free our citizens and local staff or face real consequences. Turkey is a valuable NATO ally—I expect it to start acting like one.” “The Turkish government’s false imprisonment of Americans and Turkish citizens employed by the United States in Turkey is a gross violation of their human rights,” said Sen. Cardin. “Our bill makes clear that the United States will not tolerate years of Turkish recalcitrance on these cases. Officials in the Erdogan regime responsible for these crimes must be held accountable under Global Magnitsky standards for their ongoing injustices. I am eager to begin restoring constructive cooperation between our countries, but we simply cannot do so while these innocent men languish in wrongful and prolonged detention.” “These arbitrary arrests are yet another example of Turkey’s deteriorating democracy and respect for human rights under autocrat President Erdogan,” said Sen. Durbin.  “That Erdogan continues to jail a U.S. citizen and Turkish staff that work for our consulates, not to mention prop up Venezuela’s Nicolas Maduro, warrant greater action by the Trump Administration.” “Erdogan’s government continues to undermine the rule of law in Turkey, including by targeting American citizens and locally-employed U.S. diplomatic staff.  I’m proud to join this bipartisan effort to hold senior Turkish officials who are knowingly responsible for the wrongful detention of or politically-motivated false charges against American citizens and U.S. local employees at our diplomatic posts accountable,” Sen. Rubio said. “The Turkish government must live up to its commitment and act like a NATO ally if they wish to continue to be treated like one.” “While the Turkish government made a step in the right direction with the release of Pastor Andrew Brunson last October, more needs to be done for Turkey to show good faith and act like a NATO ally,” said Sen. Tillis, co-chair of the Senate Human Rights Caucus. “This bipartisan legislation will impose sanctions on those responsible for the wrongful imprisonments of American citizens and diplomatic staff, and I hope progress will be ultimately made through the release of Serkan Gölge and other U.S. citizens currently imprisoned in Turkey.” “Turkey’s blatant disregard for the rights of American citizens and diplomatic staff within their country is unacceptable. This legislation makes clear to Turkey that we will not accept the status quo. I urge the Senate to take up this bill immediately, so we can levy swift sanctions on senior Turkish officials and apply some serious pressure to get Turkey to release these wrongfully detained Americans and diplomatic staff,” said Sen. Van Hollen, co-chair of the Senate Foreign Service Caucus. The bill would require the U.S. administration to impose sanctions on all senior Turkish officials responsible for the wrongful detentions of U.S. citizens and staff, including barring the officials from travel to the United States and freezing any U.S. assets. It further calls on President Trump to urge Turkey to restore due process guarantees and respect for the fundamental freedoms of all its people, thousands of whom are victims of the same politically-motivated prosecution and indefinite detention. U.S. citizen and NASA scientist Serkan Gölge is one of several American citizens, including Pastor Andrew Brunson, who were caught up in the sweeping government-led purge that followed the 2016 coup attempt in Turkey. Brunson was convicted on fabricated terrorism charges and released in October 2018 but Gölge remains in jail serving a five-year sentence because of a similar conviction. He has been in jail since July 2016. Since early 2017, Turkish authorities have targeted three veteran Turkish employees of U.S. consulates in Turkey on trumped-up national security charges that appear to stem in part from routine contacts they maintained as part of their professional responsibilities. All three men have worked as locally employed staff of the United States Government in Turkey for more than three decades. A Turkish court in January 2019 convicted Hamza Ulucay, who was imprisoned since February 2017, on terrorism charges without any credible evidence of wrongdoing. He was sentenced to four and a half years in jail, but released on time served. Two other local staff from the U.S. Consulate General in Istanbul, Metin Topuz and Mete Canturk, remain in custody or under house arrest on similar trumped-up charges. After 18 months in jail, Metin had his first court hearing last month. The court adjourned his trial until May 15. In November 2017, the Helsinki Commission held a hearing on the detention of American citizens and U.S. consulate employees in Turkey. In the months prior to the hearing, Helsinki Commission leaders raised these cases in letters to President Erdogan and President Trump.

  • The U.S. must stand up to Erdogan and his politically motivated detentions

    Last fall, Americans rejoiced as the pastor Andrew Brunson, a North Carolina native, returned home after spending more than two years in Turkish prisons on baseless terrorism and espionage charges. A combination of congressional pressure and targeted sanctions on Turkish officials sent a clear message to President Recep Tayyip Erdogan that the United States would not tolerate his using Brunson as a pawn to extract political concessions. Faced with mounting political and economic costs, Erdogan caved. Sadly, the pastor’s release did not put an end to Erdogan’s hostage-taking. Today, the Turkish government continues to hold at least one American citizen and two Turkish employees of the U.S. government on false charges. Erdogan plans to inflict misery on these innocent people until he gets what he wants out of the United States — whether that is a green light to attack Kurdish strongholds in northern Syria, taking legal action against Fethullah Gulen and his followers in the United States, or U.S. acquiescence to Turkey’s purchase of a Russian air defense system. Such attempts at extortion are all the more galling coming from Turkey, an important NATO ally that is not acting like one. American citizen and NASA physicist Serkan Golge is serving a five-year prison sentence for alleged involvement in terrorism, despite no credible evidence of wrongdoing. Turkish police have also used false terrorism charges to detain three longtime Turkish employees of U.S. consulates in the country: Hamza Ulucay, Metin Topuz, and Mete Canturk. Golge and Topuz are in solitary confinement, where they have spent up to two-and-a-half years with only an hour of fresh air per week. Ulucay was released earlier this year after being held for nearly two years. Canturk remains under house arrest, and his family is subject to travel bans and regular police check-ins. These men are all innocent. Not only have they lost irreplaceable time with their families, but the physical and psychological toll of their ordeal also means they may never be the same once they regain their liberty. The United States did not tolerate the politically motivated detention and mistreatment of a U.S. citizen in the case of Pastor Brunson. We should not tolerate those acts now with Golge or longtime U.S. government employees. As the United States increased pressure on Turkey over Brunson, it simultaneously tried to cut a deal with Erdogan for the freedom of the other detainees. By now, it is abundantly clear that no amount of coaxing will secure their freedom. Any negotiation over their fate would only reward Erdogan’s bad behavior. As with Brunson, only stiff political and economic pressure will work. This week, I introduced the bipartisan Defending United States Citizens and Diplomatic Staff from Political Prosecutions Act of 2019, which would require the president to impose sanctions on all senior Turkish officials responsible for these wrongful detentions, including barring them from travel to the United States and freezing any assets they have here. The bill further calls on President Trump to urge Turkey to restore due-process guarantees and respect for the fundamental freedoms of all its people, thousands of whom are victims of the same sort of politically motivated prosecution and indefinite detention endured by our citizens and consulate personnel. The United States has a particular moral obligation to protect our own citizens. Golge’s wrongful imprisonment at the hands of the Turkish government cannot stand. We also have moral obligations to our local staff overseas. Thousands of citizens of other countries work at U.S. government facilities around the globe, lending their diverse expertise to critical U.S. missions, often at great risk to themselves and their families. The credibility of the United States is at stake in the eyes of these courageous individuals who place their trust and safety in our hands. The fate of their colleagues in Turkey weighs heavily on the minds of our consular staff, as it does on our national conscience. No effort should be spared until they are free.

  • U.S. senators introduce bill to sanction Turkish officials over detentions

    Two U.S. senators on Tuesday introduced a bipartisan bill requiring the imposition of sanctions on Turkish officials responsible for the detentions of U.S. citizens and local consulate staff in Turkey, a statement on the legislation said. The bill, introduced by Republican Senator Roger Wicker and Democrat Ben Cardin, also calls on President Donald Trump to urge Turkey to respect for the fundamental freedoms, saying thousands were victims of politically-motivated prosecution. “The Turkish government’s false imprisonment of Americans and Turkish citizens employed by the United States in Turkey is a gross violation of their human rights,” Senator Cardin said in the statement. “Our bill makes clear that the United States will not tolerate years of Turkish recalcitrance on these cases.” The detention of U.S. consulate workers and American citizens is one of many issues dividing NATO allies Ankara and Washington, also at loggerheads over Syria policy and Turkey’s planned purchase of Russian missile defenses. Their detentions prompted Washington in October 2017 to suspend all non-immigrant visa applications from the country, triggering a reciprocal move from Ankara that contributed to a deep crisis in bilateral ties. The bill introduced Tuesday would require the U.S. administration to impose sanctions on all senior Turkish officials responsible for the “wrongful” detentions of U.S. citizens and staff, including barring the officials from travel to the United States and freezing any U.S. assets. Turkey has detained tens of thousands of people following a failed coup in July 2016, saying they were linked with the network of Fethullah Gulen, a U.S.-based Islamic cleric blamed by Ankara for orchestrating the putsch. U.S. pastor Andrew Brunson was among those jailed in the aftermath of the coup. He was released last October. “While the Turkish government made a step in the right direction with the release of Pastor Andrew Brunson last October, more needs to be done for Turkey to show good faith and act like a NATO ally,” said Republican Senator Thom Tillis, one of six original sponsors of Tuesday’s bill. Serkan Golge, a dual Turkish-U.S. citizen, was found guilty of being a member of an armed terrorist organization earlier this year and sentenced to seven years, six months in prison. Three other Turkish citizens who were working at the U.S. consulates in Turkey have been under investigation or jailed over similar charges. A Turkish court last month ruled that one of the consular workers, Metin Topuz, a translator and fixer in Istanbul, should remain in jail until his trial resumes in June.

  • Mosque and State in Central Asia

    From 2016 to early 2018, the U.S. government designated three of Central Asia’s five nations—Tajikistan, Turkmenistan, and Uzbekistan—as countries of particular concern (CPC) for engaging in or tolerating “particularly severe violations of religious freedom” like torture, abduction, and clandestine or prolonged detention without charges. In these countries, people of all faiths, or no faith at all, have endured onerous government-mandated harassment, fines, and imprisonment for even minor breaches of state regulations of religious belief and practice. To ensure regime stability and counter violent extremism, the governments of some Central Asian Muslim-majority countries impose strict and invasive violations of religious liberty on adherents of the Islamic faith. Islamic religious institutions and leaders are fully incorporated into the state bureaucracy. Exploring the faith outside the bounds of “official Islam” is forbidden and illegal. The Helsinki Commission convened an expert panel of regional and Islamic scholars to explain the different approaches to state regulation of Islam in Central Asia and the consequences of these policies for religious freedom, radicalization, and long-term political stability and social development.

  • Helsinki Commission Briefing to Examine Relationship Between Mosque and State in Central Asia

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: MOSQUE AND STATE IN CENTRAL ASIA Can Religious Freedom Coexist with Government Regulation of Islam? Monday, December 17, 2018 3:00 p.m. Dirksen Senate Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission From 2016 to early 2018, the U.S. government designated three of Central Asia’s five nations— Tajikistan, Turkmenistan, and Uzbekistan—as countries of particular concern (CPC) for engaging in or tolerating “particularly severe violations of religious freedom” like torture, abduction, and clandestine or prolonged detention without charges. In these countries, people of all faiths, or no faith at all, have endured onerous government-mandated harassment, fines, and imprisonment for even minor breaches of state regulations of religious belief and practice. To ensure regime stability and counter violent extremism, the governments of some Central Asian Muslim-majority countries impose strict and invasive violations of religious liberty on adherents of the Islamic faith. Islamic religious institutions and leaders are fully incorporated into the state bureaucracy. Exploring the faith outside the bounds of “official Islam” is forbidden and illegal. The Helsinki Commission will convene an expert panel of regional and Islamic scholars to explain the different approaches to state regulation of Islam in Central Asia and the consequences of these policies for religious freedom, radicalization, and long-term political stability and social development. The following panelists are scheduled to participate: Kathleen Collins, Associate Professor, Political Science, and Russian and Eurasian Studies, University of Minnesota Edward Lemon, DMGS-Kennan Institute Fellow at the Daniel Morgan Graduate School of National Security Emil Nasrutdinov, Associate Professor of Anthropology, American University of Central Asia Peter Mandaville, Professor of International Affairs, Schar School of Policy and Government, George Mason University On December 11, 2018, Secretary of State Michael Pompeo re-designated Tajikistan and Turkmenistan as CPCs. He upgraded Uzbekistan to the Special Watch List—it had been previously designated as a CPC—based on recent progress. In June 2018, Helsinki Commission Chairman Sen. Roger Wicker (MS) urged Secretary of State Pompeo to consider inviting Uzbekistan to the first Ministerial to Advance Religious Freedom because of significant steps taken by President Mirziyoyev to bring Uzbekistan into compliance with its international commitments to respect religious freedom. Later that month, he introduced the bipartisan Senate Resolution 539 calling on President Trump to combat religious freedom violations in Eurasia with a mix of CPC and Special Watch List designations, individual and broader sanctions, and development of a strategy specifically for the region. In early July, the Parliamentary Assembly of the Organization for Security and Cooperation in Europe passed Chairman Wicker’s amendments recognizing the ongoing reforms of the government of Uzbekistan. A few weeks later Chairman Wicker met with Uzbekistan’s delegation to the Ministerial to Advance Religious Freedom—the only CPC invited—and highlighted the opportunity for Uzbekistan to be a model to other countries if the government follows through with essential reforms

  • Religious Freedom in Eurasia

      In his first Congressional hearing since his confirmation, Ambassador Brownback testified on religious freedom in participating States of the Organization for Security and Cooperation. OSCE commitments on human rights and freedoms are the strongest, most comprehensive of any security organization in the world. Yet some of its participating States chronically have been among the worst violators of religious freedom–often in the name of countering terrorism or extremism–and designated by the United States as Countries of Particular Concern. The Frank Wolf International Religious Freedom Act, Public Law 114-281, requires the President to release Country of Particular Concern designations–required by the International Religious Freedom Act of 1998–no later than 90 days after releasing the annual International Religious Freedom Report. The State Department issued the latest report on the day of the hearing. The Helsinki Commission explored the designations, as well as religious freedom in Western Europe, including potentially restrictive amendments to the religion law in Bulgaria; restrictions on religious animal slaughter; restrictions on construction of houses of worship; and conscience rights. Questions for the Record Submitted to Ambassador Samuel D. Brownback by Chairman Roger Wicker  

  • Lies, Bots, and Social Media

    From the latest revelations about Facebook to ongoing concerns over the integrity of online information, the U.S. public has never been more vulnerable or exposed to computational propaganda: the threat posed by sophisticated botnets able to post, comment on, and influence social media and other web outlets to generate a desired outcome or simply sow distrust and disorder.  What can be done to confront and defeat these malevolent actors before they dominate civil discourse on the Internet? One possibility is the use of algorithmic signal reading which displays for users the geographic origin of a given post. Another answer may lie in improving how websites like Facebook curate their content, so the user can make more informed choices.  At this Helsinki Commission briefing, distinguished experts examined the implications of computational propaganda on national and international politics and explored options available to Congress and the private sector to confront and negate its pernicious influence.

  • Helsinki Commission Briefing to Examine Computational Propaganda

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing:   LIES, BOTS, AND SOCIAL MEDIA What is Computational Propaganda and How Do We Defeat It? Thursday, November 29, 2018 10:30 a.m. Senate Dirksen Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission From the latest revelations about Facebook to ongoing concerns over the integrity of online information, the U.S. public has never been more vulnerable or exposed to computational propaganda: the threat posed by sophisticated botnets able to post, comment on, and influence social media and other web outlets to generate a desired outcome or simply sow distrust and disorder.  What can be done to confront and defeat these malevolent actors before they dominate civil discourse on the Internet? One possibility is the use of algorithmic signal reading which displays for users the geographic origin of a given post. Another answer may lie in improving how websites like Facebook curate their content, so the user can make more informed choices.  At this Helsinki Commission briefing, distinguished experts will examine the implications of computational propaganda on national and international politics and explore options available to Congress and the private sector to confront and negate its pernicious influence. Expert panelists scheduled to participate include: Matt Chessen, Acting Deputy Science and Technology Advisor to the Secretary of State, U.S. Department of State Karen Kornbluh, Senior Fellow and Director, Technology Policy Program, The German Marshall Fund of the United States Nina Jankowicz, Global Fellow at the Woodrow Wilson International Center for Scholars' Kennan Institute

  • Interview with Georgia Holmer, Senior Adviser for Anti-Terrorism Issues, Organization for Security and Cooperation in Europe

    By Yena Seo, Communications Fellow Georgia Holmer, an expert on counterterrorism policy, recently visited the Helsinki Commission offices to discuss her portfolio at the Anti-Terrorism Issues Unit in the Transnational Threat Department at the OSCE Secretariat. At the OSCE, she oversees policy support and capacity building work on preventing and countering violent extremism and radicalization that lead to terrorism (VERLT). Ms. Holmer gave a short interview on her position at the OSCE and explained why she sees a human-rights based approach to counterterrorism to be critical. Holmer, who has worked on counterterrorism issues for over 20 years, observed that she “lived through an evolution in the U.S. government’s approach to terrorism that was quite extraordinary.” After spending 10 years as a terrorism analyst for the FBI, Holmer helped build analytic capacity at the Department of Homeland Security and taught classes on understanding radicalization. Later she directed the Countering Violent Extremism (CVE) program at the United States Institute of Peace, where she helped develop a strategic approach to violent extremism that harnessed peacebuilding tools. “We went from approaching terrorism as a security threat in which operations needed to be disrupted to realizing that there also had to be something done to prevent people from joining these groups and movements in the first place,” Holmer explained. “Not only did we begin to understand and address the root causes of terrorism but increasingly there was a realization that repressive measures in counterterrorism could actually exacerbate the problem. Upholding human rights as part of the effort to counter terrorism is necessary and can contribute to preventing violence in the long term.” Holmer acknowledged some of the pitfalls and counterproductive measures to be avoided in counterterrorism: a lack of due process and clear legislation, abusive treatment in detention facilities, and stigma and censorship against certain religious and ethnic groups can also fuel terrorist agendas and draw more people to violent extremism. These ideas led Holmer to pursue a degree mid-career in international human rights law at Oxford University. In 2017, Holmer was offered a position at the OSCE, and was drawn to its comprehensive approach to security. “I thought, here is a chance to work for an organization that had both a counterterrorism mandate and a human rights mandate. I think it’s a necessary marriage.” She sees the work she does in the prevention of VERLT to be directly relevant to human rights. “Programs to prevent radicalization that leads to terrorism not only ensure security, but they also help build more inclusive, resilient and engaged communities. This can also be understood inversely – upholding human rights is a pathway to preventing terrorism.” Holmer was further drawn to the OSCE because of its operational focus, pointing to the organization’s robust field operations presence. She stressed that the organization’s “on-the-ground presence” – particularly in the Western Balkans and Central Asia – allows it to develop close working relationships with governments and policymakers, giving it “a different level of reach.” For example, OSCE field missions in Dushanbe and Skopje have helped to convene stakeholders for important discussions, coordinate funders, and organize external partners for project implementation. Holmer considers the OSCE’s structure a strength when it comes to countering violent extremism. Holmer explained that because the OSCE is a political organization, its structure and activities invite states and other stakeholders to exchange ideas frankly. The OSCE’s annual counterterrorism conferences allow participating States to share opinions in a productive and meaningful manner. The OSCE frequently convenes policy makers and practitioners from its participating States to discuss measures to prevent radicalization leading to terrorism. Various seminars, workshops, and conferences have introduced concepts of prevention and helped advance the role of civil society in countering violent extremism. Holmer observed that while there is no “one-size-fits-all solution,” the organization regularly emphasizes the sharing and implementation of good practices. She also added that sharing good practices is only effective when efforts are made to tailor responses and approaches to a specific context. Measures to prevent need to incorporate an understanding of the nature of the threat in any given environment. She said the ways that individuals radicalize and the dynamics that influence people to become engaged in violent extremism differ. “What works in a rural village in Bosnia-Herzegovina versus what might work in Tajikistan might be completely different.” Holmer believes that through her role as Senior Adviser, she can continue working with member states to pursue “good practices” in the prevention of VERLT and support anti-terrorism within a human rights framework. “The aim of our work at the OSCE is to support participating states with the tools, the policy and legal frameworks they need to address these complicated challenges.” For more information, contact Alex Tiersky, Senior Policy Advisor for Global Security and Political-Military Affairs.

  • The Cold War Is Over, But The OSCE's Value Is Timeless

    History has shown that robust engagement in multilateral arenas represents long-term realism: to lead, we must be involved; to protect our national interests and the principles we hold dear, we must remain engaged; and to inspire those who suffer every day under authoritarian regimes, we must hold our own country to the highest standards on the world stage. Unfortunately, efforts to maintain America’s preeminence in the world have come under increasing pressure in recent years. These challenges are not isolated and are waged on many fronts – economically, militarily, and diplomatically. Some may use these challenges as an excuse to retreat, claiming that engagement in international organizations like the Organization for Security and Cooperation in Europe (OSCE) adds no value. We believe that quite the opposite is true. If we want to continue to lead, protect, and inspire, we need the OSCE’s opportunities for multilateral engagement more than ever. Amid the alphabet soup of institutional acronyms, many Americans probably have not heard of the OSCE, let alone know that it is the largest regional security organization in the world. Comprising 57 countries, it links Vancouver in the West to Vladivostok in the East, spanning North America, Europe, and Central Asia. We are members of the organization’s Parliamentary Assembly, where we have represented our country and our principles in a forum of international lawmakers for a combined 34 years. We have engaged the OSCE, as a whole, even longer. We know firsthand the value of U.S. leadership and sustained high-level engagement in the organization – and conversely, we know the enormous risks that would come with retreat. A Broader Definition of Security The essential, enduring value of the OSCE can be traced back to its founding and the ideological transformation that it quietly unleashed. In the 1950s, the Soviet Union first conceived the idea of the Helsinki Final Act. The founding charter of the Conference on Security and Cooperation in Europe, or CSCE, later institutionalized as today’s OSCE, would eventually be signed in 1975. Moscow saw the document as a way to validate post-World War II border changes and tighten its stranglehold on Eastern Europe. The Kremlin, no doubt, also hoped to create an alternative to NATO and weaken U.S. ties to Europe. As troops massed along the Iron Curtain after the Soviet-led invasion of Czechoslovakia in 1968, Europe began to see some value in greater East-West engagement. The United States saw the Soviet proposal as a damage-mitigation exercise at best. Secretary of State Henry Kissinger famously decried the Helsinki Final Act, saying, “They can write it in Swahili for all I care… The Conference can never end up with a meaningful document.” Opposition to the Helsinki Final Act was not limited to Foggy Bottom. The Wall Street Journal published the editorial “Jerry, Don’t Go” just prior to President Ford’s departure to sign the document in Finland, reflecting widespread opposition from U.S. foreign policy hawks and Americans across the country who descended from the “captive nations” of Eastern Europe. What most observers at the time overlooked, however, was the Helsinki Final Act’s uniquely comprehensive definition of “security.” The Act contains 10 principles guiding inter-state relations, including respect for human rights and fundamental freedoms; respect for sovereign equality; recognition of the territorial integrity of states; and the commitment of states to fulfill in good faith their obligations under international law. The integration of human rights into a concept of security was revolutionary. The Act also provided that any country signatory could publicly challenge any other country that wasn’t living up to Helsinki principles, either internally or externally. This was remarkable for its time. These two innovations made the Act a rallying point for human rights advocates everywhere, especially dissident movements in the one-party communist states of the Soviet bloc. Groups like Charter 77 in Czechoslovakia, Solidarity in Poland, and other monitoring groups in the Soviet Union and Baltic States that were crucial to the eventual collapse of communism in Europe relied on Helsinki commitments in their advocacy. With U.S. leadership, meetings of the CSCE also became venues for frank exchanges, where countries committing human rights abuses were named and victims identified. The strongest weapons in the U.S. arsenal – democratic ideals, market principles, and the primacy of individual rights – rallied European friends and allies, attracted Soviet satellites, and left Moscow isolated, if not fully convinced. Today's Inflection Point We were both serving in the House of Representatives shortly after the Soviet Union collapsed in the early 1990s. We were aware that the transitions ahead would be difficult, particularly as horrific ethnic cleansing spread in the Balkans and a brutal war was waged in Chechnya. Although we were on opposite sides of the aisle, we were joined in our conviction that liberal democracy would ultimately prevail throughout Europe and into Central Asia. Unfortunately, our confidence was dramatically misplaced. Thirty years later, instead of the peace and prosperity we expected in the OSCE region, we are at an inflection point, faced with uncertainty and the increasing erosion of the security framework that followed the Cold War. In recent elections, we’ve watched nationalist parties gain a strong foothold in Europe. NATO ally Turkey – one of the world’s most oppressive regimes toward journalists – is succumbing to authoritarian rule, weakening checks on executive power and targeting more than 100,000 perceived opponents of the ruling party in sweeping purges. Vladimir Putin continues to violate the sovereignty and territorial integrity of not just Ukraine – where, in areas controlled by Russia, pro-Ukrainian sentiment is met with imprisonment, torture, or death – but also Georgia, where Russia has occupied 20 percent of the country’s territory for more than a decade. The Russian government supports separatists in the Transnistrian region of Moldova, interferes in elections in the United States and Europe, and undermines faith in democratic governments worldwide through cyberattacks and information warfare. An era of increasing nationalism, Kremlin revisionism, and rising authoritarianism may not, at first, seem to be the best moment to revitalize multilateral diplomacy. But it has been, and will continue to be, in our national interest to promote democracy, the rule of law, and human rights around the world – just as we did more than 40 years ago in the Finnish capital. Those Helsinki commitments, and their institutionalization over time, empower us to stand up for our values and for comprehensive security at a time in which we absolutely must. In April 2017, we – along with every other senator currently serving on the Helsinki Commission – introduced a resolution urging President Trump to recognize the importance of the Helsinki Final Act and the OSCE as well as their relevance to American national security. We hope the administration will endorse this effort. A Record of Results The value of the OSCE and the effectiveness of American involvement are evident in the organization’s more recent evolution and achievements. This is no Cold War relic. We have seen examples of multilateral success in many initiatives, beginning with its quick embrace of newly independent states, from the Balkans to Eastern Europe and Central Asia. As multiethnic states broke apart, the OSCE created a high commissioner on national minorities in 1992 to address ethnic tensions and proactively prevent conflict between or within states over national minority issues. Participating states developed mechanisms to respond to the most recalcitrant actors, such as the unprecedented suspension of Yugoslavia the same year for the “clear, gross, and uncorrected” violations of Helsinki principles by the regime of Slobodan Milosevic against Bosnia and Herzegovina. Under OSCE auspices, internal political confrontations in Serbia in 1996 and Albania in 1997 were resolved through high-level engagement before they became a broader threat to peace and prosperity in Europe. The United States led the way, generating the political will to act quickly and with resolve. Robust field missions also were created in the 1990s to respond to conflicts, first in the Balkans and then extending into Eastern Europe, the Caucasus, and Central Asia. In some places, such as Kosovo, the OSCE often was the only acceptable international monitor or facilitator on the ground, serving as the eyes and ears of the international community, bringing opposing sides together, and mitigating spillover effects in neighboring countries. Today, the OSCE’s civilian Special Monitoring Mission (SMM) to Ukraine is the only independent observer group in the war zone. Established in 2014 to monitor implementation of the Minsk Agreements, its approximately 700 monitors provide clear and unbiased reporting of ceasefire violations and human costs of the conflict. Approximately half of the U.S. contribution to the OSCE goes toward funding the SMM. The mission faces challenges, including attempts to sabotage its work and concerns about security. The latter was tragically demonstrated by the death of Joseph Stone, a U.S. paramedic killed last year when his vehicle struck a landmine in separatist-controlled territory. Without the SMM’s reporting, however, we would lack critical information to understand and address ongoing Russian aggression against Ukraine. Kremlin propaganda would have a clear field to disguise the true nature and scale of the conflict. The OSCE also sets the gold standard for election observation across the region. The organization’s trained observers partner with international lawmakers, including ourselves, to analyze election-related laws and systems and the effectiveness of their implementation. The evaluations that these missions produce are critical benchmarks for OSCE countries and support U.S. efforts to promote human rights, democracy, and the rule of law around the world. Pressure from the organization and its participating states has been a major factor in the release of political prisoners in countries like Azerbaijan. For example, the OSCE Office for Democratic Institutions and Human Rights, the OSCE Representative on Freedom of the Media, and the OSCE Parliamentary Assembly publicly condemned Baku for its targeting of investigative journalist Khadija Ismayilova and the broader use of its judicial system to repress political opponents, journalists, and minorities. The Helsinki Commission also weighed in. In May 2016, Ismayilova was released from prison. Our actions in this and similar cases demonstrate global leadership. We welcome the recent nomination of a new U.S. permanent representative to the OSCE. This important post has remained vacant for far too long. We urge our Senate colleagues to swiftly consider the nominee, who will be responsible for leading America’s vigorous defense of democracy and human rights in the region. Let us also not overlook the fact that our work in the OSCE in relation to Russia is not simply to counter Moscow’s anti-democratic ambitions. Follow-up meetings to the original Conference on Security and Cooperation in Europe became one of a shrinking number of places where East-West dialogue could take place during the Cold War. Likewise, after Russia was suspended from the G8 in March 2014, today’s OSCE provides one of the few remaining opportunities to engage with Russia and hold the Kremlin accountable to principles it has endorsed. Russian Foreign Minister Sergei Lavrov attends OSCE ministerial meetings, where he easily – and with great success – engages with senior officials from around the region. That alone should encourage our secretary of state to be present. Secretary Tillerson attended the 2017 ministerial, and we urge Secretary Pompeo to do the same. Future Challenges Along with successes, we also have seen areas where multilateralism has fallen short. Areas like Nagorno-Karabakh, Transnistria, Chechnya, Abkhazia, and South Ossetia have consumed OSCE attention and resources, but unfortunately, the organization’s actions have not thawed these frozen conflicts. The OSCE may have kept things from getting worse than they might have been otherwise; this is something to praise, but cannot yet be counted as a win. These efforts have been hindered in part by the otherwise positive requirement that major decisions in the organization require consensus. This rule is vital to the OSCE’s success. The organization can convene all parties on an even footing and – because no country can claim that it didn’t voluntarily agree to its commitments – the rule gives unique force to the OSCE’s actions. However, decision-making by consensus also allows a single intransigent country to wield its veto as a weapon, even in cases of otherwise overwhelming agreement. In 2008, Russia successfully blocked the OSCE from establishing a field mission in Georgia as Russian-backed separatists occupied South Ossetia and Abkhazia. Since then, resistance to hosting or authorizing field missions, a core capability of the OSCE, has spread. Belarus kicked out its OSCE mission in 2011. Azerbaijan forced the mission in Baku to close in 2015, and two years later, it insisted on the shuttering of a mission in Armenia. Mongolia, the newest OSCE participating state, has repeatedly requested a mission to foster its continued democratic development and build closer ties with other participating states. Moscow consistently blocks that request. A related and ongoing problem is the lack of transparency of the OSCE’s decision-making. Opening its official deliberations to the public would help make those countries that thwart progress more broadly accountable for their recalcitrance. A more recent challenge comes from the government of Turkey. Ankara continues to use the 2016 coup attempt as pretext for not only violently repressing its citizens and detaining others, including Americans, but also for limiting the participation of non-governmental organizations in certain OSCE meetings. The OSCE is the only international organization that allows NGOs to participate equally with governments in meetings on human rights commitments, allowing these groups to raise their concerns directly. If Turkey has its way, human rights groups might be denied a seat at the table. It is easy to imagine which countries quietly hope this effort will succeed. The United States must continue to make it clear that it is not one of them. Indeed, the moral here is that the United States should not only support the strengths and potential of the OSCE, but we must also be present and potent when progress and principles are challenged within the organization. Our colleagues in both chambers of Congress have the passion and determination to do just that. In these days of partisan discord, we must remember – and treasure – the fact that Congress is broadly committed to the principles enshrined in the Helsinki Final Act: respect for human rights and fundamental freedoms, democratic principles, and liberty. We see this in the establishment of the Helsinki Commission itself, a unique agency conceived by Congress to strengthen the legitimacy of human rights monitoring, defend those persecuted for acting on their rights and freedoms, and ensure that violations of Helsinki provisions are given full consideration in U.S. foreign policy. The OSCE’s broad membership and comprehensive definition of security make it an ideal platform to advocate for our interests in a vital region. Its institutions remain singularly placed to moderate regional conflicts, promote respect for human rights, and safeguard essential elements of democracy. We have not only the right, but also the duty, to hold countries responsible if they fail to adhere to the basic principles that we all agreed to in 1975. We also have the responsibility to hear and consider other participating states when they feel that the United States is not fully meeting our commitments. Leading by example means that we must be held accountable, too. At this critical juncture, when the rules-based order appears particularly fragile, any weakening or absence of the OSCE could irreversibly damage the chances for democracy and peace in the region. We must not allow that to happen – and the key is our own steadfastness, in words and deeds. Roger Wicker (@SenatorWicker) is chairman of the U.S. Helsinki Commission and a vice president of the OSCE Parliamentary Assembly. A member of the Republican Party, he has represented Mississippi in the Senate since December 2007. He previously represented Mississippi for 13 years in the House of Representatives. Ben Cardin (@SenatorCardin) is ranking Senate member of the U.S. Helsinki Commission. He serves as special representative on anti-Semitism, racism, and intolerance for the OSCE Parliamentary Assembly. A member of the Democratic Party, he has represented Maryland in the Senate since January 2007 after 20 years in the House of Representatives.

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