-
article
In Memoriam: Karen Lord (1967-2001)
Monday, January 29, 2018By Nathaniel Hurd, Senior Policy Advisor “All we have to decide is what to do with the time that is given us,” Gandalf says to Frodo in The Fellowship of the Ring by J.R.R. Tolkien. Helsinki Commission colleague Karen Lord relished the writings of Tolkien and beautifully lived the time given to her before dying of cancer at the age of 33. She served as Counsel for Religious Freedom at the Helsinki Commission from 1995 to 2001, and defended people of all faith even from her hospital bed. On the 17th anniversary of her death, the Commission wants to give her family, friends, current and former Commissioners, and former colleagues the opportunity to commemorate her life and work in their words now. If you knew Karen, and want to send us a reflection to add to this tribute, please email info@csce.gov. Family Life Karen was born November 10, 1967, in Columbus, Ohio, to Dr. Raymond and Arija Lord, and was the eldest of three sisters; Ellen joined the family in 1968 and Diane in 1970. Devout Christians, the Lords moved to Haiti as missionaries when Karen was four years old, where Dr. Lord practiced medicine. They returned to the United States when she was six and settled in Portage, Michigan. Ellen notes, “We looked a lot alike. I learned to ‘answer’ to my sisters’ names since people often mistook us for one of the other two ‘Lord sisters.’ The three of us were always very close growing up. I remember getting along quite well with both of my sisters, and have always considered them among my very best friends.” Diane adds, “I was always proud to be known as the ‘Lord sisters.’” Ellen continues, “Karen was the quintessential ‘big sister’—she seemed to always be able to get her way and talk everyone into the big ideas for lots of fun. “She was the trailblazer for child-rearing for my parents and I think she made it easy for them, and definitely made it easy for her two younger sisters. She somehow was also able to talk my parents into and out of lots of things that she wanted to do (or not do), a skill which she continued to use throughout her life.” “Growing up, Karen was a leader,” Diane agrees. “I remember in middle school on the bus she stood up to a boy who was bullying her and others. Unfortunately for him, he tried to hit her and broke his arm on her head!” Dr. Lord recalls, “Karen was a happy girl and enjoyed school. She was consistent in getting her homework finished, usually ahead of time. In high school Karen was elected to the Student Council for three years. Karen was also on the school volleyball team.” “When she was elected to be on the Homecoming Court her senior year, she called herself the ‘Queen of the Geeks,’ as she did not run with the popular crowd,” says Diane. Diane also recalls the strong convictions, sense of wonder, and commitment to reason that would animate Karen’s relationships with her family, friends, and defense of religious freedom. “Throughout her life, she always surrounded herself with wonderful, interesting, and dynamic people—I thought the world of all of her friends. Early on, she had strong convictions and she always asked questions. She had questions about how the Bible was interpreted and things our church taught. She engaged our youth group, our parents, and Ellen and I in conversations that encouraged us to think more deeply about our faith. She did not settle for ‘status quo’ if things did not seem right to her,” she says. “I looked up to her as my oldest sister and remember gaining confidence from her example to speak and have my own opinions. Having a conversation with Karen meant you had to know what you were talking about because she always asked questions and probed for your perspective on things from politics to religion to relationships. She pushed me in a good way and made me feel as though what I thought really mattered.” University Years Karen entered Wheaton College, a Christian liberal arts college in Illinois, in the fall of 1985 and graduated in 1989. Ellen says, “I had the privilege of also attending there a year later. Karen made a point to make me feel welcome on campus. Her friends in high school and college were always my friends, too. In fact, we lived together in a house of eight women when I was a junior and she was a senior (ironically, we named it ‘The White House’) and had a wonderful time—we kept this particular group of friendships going even after college and have gotten together every few years to catch up and reminisce.” “While in college, Karen thought deeply about what she was learning as a political science major. She wanted to do something with her life that made a difference. Karen made friends with many people, some of whom were very different from her. She always challenged her friends with good questions that would spark wonderful conversations. Karen made people think about why they thought what they thought, or why they did what they did. She was not afraid to talk to a friend when their life was inconsistent with their beliefs, and people appreciated that she cared enough to say something,” she adds. One of these friends at Wheaton, Patrice (Trichian) Maljanian, became her best friend outside of her sisters and was later her housemate in Washington, D.C. Patrice recollects, “My first memory of Karen was in either Old Testament or New Testament archaeology with Dr. [Alfred] Hoerth. She would share with the class the cookies her mother sent her and I thought that was so generous of her. “When I served as the DJ for the [Wheaton College] radio station, WETN, she was the newscaster—basically she read the AP wire news during the news breaks. We would visit a little bit in between sessions, but we really connected over a meal early our senior year. As we were eating, we discovered all these, ‘me too’ things we shared in common. Our last and most significant desire was that we wanted to be in a Bible study and prayer group and so we decided to do this together. Once a week she came over to the house where I was living and we studied the names of God and prayed.” When Karen applied to law schools, Patrice says, “Her biggest prayer request was for law school applications clarity about where God wanted her to attend. When Karen’s acceptance to American University came, she was surrounded by friends. We all jumped up and down in the Memorial Student Center and celebrated. Once the fray had subsided, she looked at me and asked, ‘Why don’t you come with me?’ Thus, our adventure began.” Life in Washington “Our first little apartment was in McLean Gardens on Wisconsin Avenue in Washington, D.C., just down the street a bit from American University,” Patrice says. “We lived there for about two years and then moved to Lyon Village in Arlington because I was starting my master’s program at Marymount University.” Ellen says, “When Karen moved to D.C. for law school and then settled there, it was always a treat to visit her. We always went and did interesting things and met her interesting and influential friends. “She loved hiking and the outdoors, and loved the fact the D.C. was near to the mountains and the ocean. She loved to travel and enjoyed trips with her friends to other countries to explore different cultures and experiences. She and I took a few trips together before I got married.” Patrice notes, “We lived together for six years. Our apartment quickly became a central location for dinner parties because we liked to entertain so much. On Sunday evenings we attended a prayer and praise night at Rich Vartain’s house on Capitol Hill. This quiet, yet beautiful time of worship was one of the reasons that Karen learned how to play the guitar. She also picked it up during law school finals because it was a very constructive diversion from the stress of exams.” Ellen says, “She loved life. She loved Jesus. She loved her work. She saw God’s hand in all things, including His creation, and in art, literature and science. Her bookshelves held law books right next to books by great Christian authors (C.S. Lewis, Andrew Murray), and books such as Winnie the Pooh by A.A. Milne.” “Sunday afternoons we were either walking on the Chesapeake and Ohio Canal or biking near Middleburg with friends,” Patrice remembers. “Karen rode her bike to school often. I bought a bike also so that we could ride together on the weekends. We loved the Rock Creek Parkway in the autumn because the golden leaves would float across our path. Sunday nights were pretty sacred for us. After praise and prayer in the winter, we would come back to our D.C. apartment, sit by the fire, read, listen to Enya, and munch on popcorn. The popcorn is a Lord family tradition and we have adopted it in our household as well.” Karen graduated from American University Washington College of Law in 1992 and was admitted to the Maryland state bar. She soon became a staff lawyer for Advocates International, a Christian legal organization founded by Sam Ericsson, JD, in 1991. The stated mission is “encouraging and enabling Advocates to meet locally, organize nationally, cooperate regionally and link globally to promote justice, rule of law, religious freedom, reconciliation and integrity…AI’s global network informally links…lawyers, law professors, jurists, law students and other law professionals and their colleagues in…cities, towns and law schools.” In a 2001 tribute, Ericsson, who died in 2011, noted, “At the time, Advocates was too small to support even one full-time lawyer, so to make ends meet, Karen and I practiced immigration law.” The Helsinki Commission Karen worked at Advocates International for two years before becoming the Counsel for Freedom of Religion at the Helsinki Commission in 1995, where she remained until her death. At the Helsinki Commission, Karen dedicated herself to defending the religious freedom of persecuted people of all faiths. She was resolute in helping participating States of the Organization for Security and Cooperation in Europe keep their commitments to religious freedom and holding them accountable when they violated them. As part of her studies at Wheaton, Dr. Lord notes, “During summers the political science department offered a study trip to several capitals of Europe, including Russia, where the group studied the different forms of government with interviews with officials in each site. This was a very impressive experience for Karen and a preparation experience the suited her for what she did at the Helsinki Commission.” Diane recalls, “Karen felt passionate about her work at the Helsinki Commission and really felt a sense of urgency and a desire to be a voice for people whose voices were not heard. Just as she was standing up for kids being bullied in middle school, she was 100 percent invested in her work and felt called to stand up for those being persecuted. Karen often would ask us to pray for people in prison or for situations she was working on.” Patrice says, “Karen would share prayer requests for these precious people when we met for Covenant Group, and I remember her extensive travels related to the Helsinki Commission. I distinctly remember her advocacy work in Germany for the Mormons. She spent time working with them and was just as vigorous in pursuing their religiously liberty as she would for Christians. Her work to defend freedom was very important to her. It is hard to explain, but sometimes she would actually feel the despair of those who were suffering—these were dark times for her that led her to wrestle with God in prayer.” Ellen adds, “I remember Karen talking about her work when she was at the Helsinki Commission, and she would keep us informed about the latest things she was doing to advocate for people of faith all around the world. “Karen was young and beautiful and blonde, and wickedly smart and articulate. “Somehow she was able to sit at the same table as stodgy older gentlemen in foreign countries, and get them to see her points and agree to champion religious liberty. It was similar to how she always seemed to talk us into her good ideas as children and young adults!” Taken Young Cancer was with Karen almost as long as she was with the Commission. “Her diagnosis of cancer was a complete shock at age 29,” says Ellen. Yet despite her diagnosis and new reality, Patrice recalls, “Karen radiated joy in every area of her life—even in this professional side which, for her, was intertwined with her calling to serve Christ and His church. Even when she was sick and had to travel to places like Poland, she exuded a steadfastness and contentment in fulfilling her mission.” “I picked her up from Dulles once with friends and, to be honest, I was worried about whether or not the trip was a good idea given her condition,” Patrice continues. “When we found her in baggage claim, she was glowing, tired but glowing, because she was doing what she loved. The Lord sustained her in amazing ways so that she could continue doing what He was calling her to do. After every cycle of chemotherapy Karen would go on a victory tour. She loved celebrating life in any form, big or small. Sometimes it would be a piece of dark chocolate or a trip to Portugal. Sometimes she gave gifts because that was another tangible form of celebration to her. She was quite lavish that way because she lived a grateful life and felt that she had more than enough, so why not share the excess.” Patrice adds, “Whether it was work or play, Karen pursued the ‘Good, the True and the Beautiful’ in everything. She was an avid reader and musician (beautiful voice, flute and guitar). Karen loved to hike and bike and camp. She and her family had a very deep and abiding love for each other—travelling, visiting in person or on the phone, vacationing together. I was privileged to be included on many of these wonderful experiences.” Diane remembers, “Even after Karen was diagnosed and going through chemotherapy treatments, she would continue to travel and work with joy, knowing that this was her privilege and calling. I feel grateful that during the last years of her life we were able to travel together to the Netherlands as well as to Nova Scotia. "One special memory I have is sitting together on a cliff overlooking the Gulf of St. Lawrence watching eagles fly on the wind currents and feeling like time had stopped. "Unfortunately, the cancer did not stop spreading. The following summer Karen was with my husband and me at his family lake place in New Jersey, and Karen, despite her compromised lung capacity due to the cancer, swam across the lake with me. It was quite an achievement for someone in her condition, but she was determined. Now, every year to honor Karen, my girls and I swim across the lake in New Jersey to honor their Aunt Karen.” “She struggled through the hard questions with God while ill, but kept her faith. Even when she was ill, she still cared about her work, sometimes sending email and advocating for people of faith who were suffering across the world from her hospital bed,” observes Ellen. Dr. Lord, an oncologist from 1974 until his retirement in 2014, describes how the cancer progressed. “It was stage III at her first surgery. She had chemotherapy following her first surgery. There were a few months that she was ‘cancer free.’ However, there were clues that some of the blood tests were becoming abnormal. The tumor could be felt and Karen had to face that she would never have children.” “At the surgery, it became clear she had Stage IV colon cancer,” he explains. “She required radiation and then more chemotherapy. “At that time there was an immunologic study at Georgetown University. Karen asked me to help her in her decision as her father and as a medical oncologist. I flew to Washington so that I could visit the Georgetown doctor with her. It was learned that the immunological treatment required her to remain in Washington, D.C. She was scheduled to be in a meeting in Europe. So it was a question of staying in Washington for treatment versus attending the meeting in Europe. “The way Karen was feeling she figured the trip would be her last trip. The immunological study was in an early phase and immunotherapy was not very developed at that point. We had a long talk after the doctor’s visit. We prayed for wisdom (James 1:5). Karen decided not to take the immunotherapy but to make the trip to Europe and go to the meetings. “She did go and shortly after getting back she was getting short of breath and required oxygen. Karen started hospice and narcotics for the pain. Family members stayed with her in her apartment where she died about six weeks later. She was alert but very weak to the end.” Ellen recalls, “Karen lived through the treatments believing she might be healed but came to the conclusion that that would not happen. She wrote on January 15, 2001, ‘I am ready to go to heaven and end this struggle, and yet my heart longs to be here to be part of the battle.’” Diane shares, “I was in the room with her when she died. The night before when I was tucking her in, she said, ‘Goodbye’ to me, and when she woke up the next morning she asked me, ‘We’re still here?’ She voraciously ate a mango and then closed her eyes. I called to my dad to come in the room and minutes later he said to me that ‘this was it.’ We held her hands and sang the hymn ‘How Great Thou Art.’” Dr. Lord finishes the memory. “On the fourth verse of that hymn, ‘When Christ shall come…and take me home…,’ Karen stopped breathing forever.” Heartfelt Tributes On this 17th anniversary of her death, current and former Commissioners and colleagues pay tribute to her. “In her six years as a staffer on the Commission, Karen was an exemplary and trusted advisor on religious freedom. I relied on her advice and expertise, and she was a tireless and unyielding advocate for anyone persecuted for their beliefs. She performed her duties with grace, serenity, and nobility. Even while Karen physically weak and suffering from the ravages of cancer, she still fought for the fundamental rights of others, traveling to conferences on religious freedom and international law in Bulgaria and Azerbaijan. Not once did I hear her complain of her condition. We on the Commission still revere her heroic example of service for the vulnerable, and the suffering she bore with stoutheartedness and peace right up until the end. She is greatly missed.” Representative Chris Smith (NJ-04), Co-Chairman, Helsinki Commission “Helsinki Commission staff members are invaluable to our country’s defense of basic human rights and freedoms. Karen dedicated her life to people who were being persecuted for their faith. I am deeply grateful for her dedication and for embodying the best of America. My thoughts and prayers are with her family and friends on this anniversary of her passing.” Senator Ben Cardin (MD), Ranking Senator, Helsinki Commission “Karen Lord, in her short life, had an outsized impact on religious freedom around the world. She was instrumental in making the freedom to worship—one of the Four Freedoms identified by President Franklin Roosevelt as fundamental to democracy—a core component of our foreign policy after the end of the Cold War. As a staffer for the Helsinki Commission, which I chaired, Karen worked tirelessly to ensure that the right of every individual and group to worship freely would be enshrined in American foreign policy doctrine and one of the pillars of global human rights. In this endeavor, she drew heavily on her own deep faith, which called her to a mission of protecting the faithful, no matter their creed. Her loss was a painful one for the Commission, for our country, and for the cause of freedom around the world.” Representative Steny Hoyer (MD-05), Democratic Whip and Helsinki Commissioner (1985-2002), including as Chairman/Co-Chairman (1985-1994) “Karen was a thoughtful Christian with a deep faith and a passion for human rights and religious liberty. She cared deeply for the oppressed, a quality I witnessed when I spoke with her in her capacity with the Helsinki Commission. Karen was at Wheaton College with my daughter Virginia and her husband Derrick and they remember her infectious joy which won her many friends.” Former Representative Frank Wolf (VA-10), Distinguished Senior Fellow of the 21st Century Wilberforce Initiative, Helsinki Commissioner (1989-2006) and author of the International Religious Freedom Act of 1998 “Karen exercised a high professional standard for accuracy in advocacy on behalf of faith communities and individuals who faced retribution for their religious practice. She took the time that is required to develop rapport with those who had experienced great loss and trauma. She went to great lengths (and traveled to remote places) to hear the stories directly from those who were under fire and, like a good journalist, would double-check the details. She faithfully ‘bore witness’ to their stories and investigated the legal and policy context – all for the sake of determining what and how to take the most effective action. Her authentic and winsome spirit crossed many a cultural and language barrier in gathering the details and understanding the often tragic stories of people's lives. Karen’s critical thinking, combined with her legal prowess, led to sound policy recommendations, actionable responses by diplomats and Members of Congress, legislative provisions, and countless appeals made directly with Foreign Ministry officials, ambassadors, and government officials at the highest levels. Karen was a patient teacher. When engaging the religious, she helped individuals understand their basic human rights under national laws and international agreements. She trained religious leaders how to record and report the abuses they endured and empowered them with practical tools they could employ to make their cases heard within their own countries and on the international stage. When engaging Members of Congress and US Government officials, Karen respectfully educated her interlocutors about the rights of individual believers and religious communities. Her tenacity and engagement helped develop a cadre of advocates within our institutions, who in turn had an impact in their own spheres of influence. Throughout the hearings, the staff-level consultations and the extraordinary interactions with private sector advocacy groups that led to the crafting and eventual passage of the International Religious Freedom Act, Karen’s wise counsel and professional expertise had a profound influence on the final tone and provisions in the law. Karen had an open door policy and invited engagement with the wide range of advocacy organizations and communities of all faiths. Her humility was welcoming even when the points of view being shared were in extreme conflict. She practiced and lived out in her daily life the ideals of ‘religious freedom for all’ and ‘respecting the inherent dignity of every human being.’ I can remember many a meeting with officials from countries with abusive track records when Karen's preparation for the Member or her colleagues meant a consistent and firm yet respectful message was delivered without ambiguity.” Dorothy Taft, Executive Director of the Market Project and Chief of Staff/Deputy Chief of Staff of the Helsinki Commission (1995-2007) “Karen Lord was a sweet, wonderful young person of deep faith, wholly committed to the idea and practice of human rights. Helping those suffering persecution for their religious beliefs was not just her profession, it was her mission. She combined the utmost seriousness of purpose with a lightness of manner, and an innate kindness. Karen’s steadfast good cheer despite a grim diagnosis and poor prospects for recovery always amazed me. Only rarely did she even mention her illness; she carried on as if all was normal. She used to wear red colored pants that I enjoyed teasing her about. And so convincing was she that when her health finally failed, it came as an awful surprise. Her funeral service, with hundreds of mourners, demonstrated the love she earned among family, friends and colleagues. I remember her fondly, with sadness about her premature death. After so many years, it still seems hard to believe.” Michael Ochs, Staff Advisor at the Helsinki Commission (1987-2012) “Karen served as a stellar advocate on behalf of those persecuted and marginalized because of their religious beliefs. Informed by her own deeply held Christian faith, Karen was ever mindful of the inherent dignity of each person without distinction. She brought energy, passion and determination to her work at the Helsinki Commission to the end, striving for justice for those denied the fundamental right to profess and practice their religion.” Ron McNamara, Coordinator of Student Leadership Development at the Franciscan University of Steubenville and Director of International Policy at the Helsinki Commission (1986-2011) “Karen Lord is the reason I became involved in international religious freedom advocacy almost 20 years ago. As far as I’m aware, she was the first civil servant to work full time on international religious freedom issues for a U.S. government agency. She was a forerunner to all the various offices and positions that exist today, both within the US government and within the OSCE. While in law school, I was connected to her through mutual friends who knew I was attending the same D.C. law school she attended some years before. She encouraged me to apply for an internship at the Helsinki Commission to work with her, which was my first exposure to these issues. Almost 20 years later, I've committed my career to this work that she pioneered.” Knox Thames, Special Advisor for Religious Minorities in the Near East and South/Central Asia (State Department) and intern and then Counsel at the Helsinki Commission (2001-2007) “Karen was one of the most appealing coworkers in my long experience. It was neigh impossible not to be optimistic about the future when Karen would be part of it. Her memorial service — a standing-room event in a large church — was the most emotional outpouring of affection for a person I have ever participated in. Just typing these words, I weep in her memory.” Wayne Merry, Senior Fellow for Europe and Eurasia at the American Foreign Policy Council, and Senior State Department Advisor to the Helsinki Commission (1997-1998) “I first encountered Karen during 1996 in small, informal planning meetings with a few of us advocates who were trying to develop a better strategy to counter religious persecution abroad. Her commitment to the cause of protecting all people of faith made her a force of nature. Though she was one of the youngest in the room, she helped shape what would two years later become the International Religious Freedom Act.” Nina Shea, Director of the Center for Religious Freedom (Hudson Institute), former Commissioner of the U.S. Commission for International Religious Freedom (1999-2012) and former Director of the Center for Religious Freedom at Freedom House (1996-2006) “Karen had a clarity of vision that was unusual for her young age and was wise beyond her years. I remember watching her, thinking how true these two things were: That she was incredibly bold yet incredibly poised, and even while taking on large governments and power structures, she was unfazed. In a town which rewards equivocation, she was straight, kind, but very straight talking. And she had a passion which made you want to lean in and do something even if you already had too many things to do already. She was wildly convincing. I remember the time she came back from Tajikistan, giving me a rock from a decimated church. Because of that rock and Karen’s vivid stories of how that church had been bulldozed in front of the congregation, I was haunted for years afterward and still keep that rock on my shelf to this day. She was a consummate advocate, perfectly fashioned to do that early hard work when hardly anyone cared. I loved her for it and so did many others, too. I’m grateful to have called her both my friend and my dear, dear comrade.” Sharon Payt, Executive Director of the 21st Century Wilberforce Initiative and Legislative Assistant (1997-2002) for Senator Sam Brownback (KS), former Helsinki Commissioner (1999-2010; Chairman 2005-2006) and current U.S. Ambassador-at-Large for International Religious Freedom “Karen had a great impact on me personally but also on lives and situations in the Central Asia region. She was well liked; her personal care and winning personality led to lasting relationships. She was well respected because of her professionalism and passion for people and human rights. It led to her becoming well connected to make a difference.” Mats Tunehag, Editorial Board of Business as Mission and Chairman of the Central Asia Consultation in the 1990s “Karen Lord was an exceptional voice for religious liberty and, for how she battled cancer and continued working to the end, I regard her as a saint. Some believe that the work I and other academics started doing with international institutions for religious liberty was some sort of conspiracy. The real story is different. One very cold day I and Gordon Melton, then a Research Specialist in the Department of Religious Studies at the University of California-Santa Barbara, were walking in Washington DC and realized we were passing by the offices of the U.S. Helsinki Commission. We didn’t have an appointment but decided to enter and introduce ourselves (the fact that it was bloody cold outside was also a factor). We were received by young and shiny Karen Lord, who explained to us the many useful things academics can do to advocate for religious liberty at the OSCE, UN and other international institutions. Our cooperation was too short. I am very glad that in a government page there is such a fitting tribute to her.” Massimo Introvigne, Former Personal Representative of the OSCE Chairperson-in-Office on Combating Racism, Xenophobia and Discrimination, also Focusing on Intolerance and Discrimination against Christians and Members of Other Religions (2011) “Karen and worked together at Advocates International prior to her days at the CSCE and fondly remember her never say never attitude when it came to getting things done on behalf of those persecuted for their religious beliefs. She was a bright young lawyer and advocate and Advocates International is honored to consider her one of our own. She was taken too soon, but her impact is a lasting legacy. She is now with the great cloud of witnesses, cheering us on.” Brent McBurney, President and CEO, Advocates International “The first thing I think of when I think of Karen Lord is a song called ‘Testify to Love.’ ‘For as long as I shall live, I will testify to Love. I’ll be a witness in the silences when words are not enough. With every breath I take, I will give thanks to God above. For as long as I shall live, I will testify to Love.’ That was Karen. I met her in the late 90s when a number of us from different organizations were working on religious freedom issues such as the International Day of Prayer for the Persecuted Church and the International Religious Freedom Act. Karen was an invaluable part of this , both because of her wisdom, but even more because of her indomitable spirit. I thank God for Karen, her love for people and for freedom. I still mourn her death – getting weepy reading the Helsinki Commission’s beautiful tribute – but I know that she was welcomed by a great cloud of witnesses, martyrs and other faithful, and with them she now cheers us on.” Faith McDonnell, Director, Religious Liberty Program and Church Alliance for a New Sudan, The Institute on Religion and Democracy Her friend Patrice concludes, “Karen lived and loved large. She loved Jesus. She loved people. She loved worship and prayer. She loved C.S. Lewis and Narnia, Frederick Buechner and J.R.R. Tolkien. She loved dark chocolate and salads and good conversation. We would spend hours talking at night on our beds. Sometimes she would play her guitar and we would sing in harmony. We could finish each other’s sentences, sit together in silence, blast our music and dance—we were having the time of our lives.” “Karen was God’s gift to me in so many ways. She taught me how to love God’s creation and camp, hike and breathe in His beauty. Instead of staying in the cabins during our Front Royal church retreats, we would stay in a tent in the meadow and brag to everyone about how well we slept! She loved to spend time alone with God.” “One of my favorite memories of her is seeing her sit in the blue papasan chair in our ‘spare room’ in our Arlington apartment looking out at the hill of ivy. I still have that chair and that cushion. It is Auntie Karen’s chair, I tell my kids, so take care of it. “I talk about Auntie Karen to my kids all the time because they need to know how she, as God’s instrument, shaped me. There is a void in this life because she is not here with us, but Heaven is richer for it.” In her final reflection, Ellen says “Karen loved being an aunt to my children, although she passed away when my oldest was two and my middle child was nine months old. I miss her every day. I have multiple items around my house that she had brought home on her travels to other countries which I look at daily and think of the privilege I had being her sister.” Diane closes, “Karen’s life, although short, was an inspiration to me – and continues to be – and I feel very grateful that she was my sister.”
-
press release
Chairman Wicker Welcomes Confirmation of Gov. Brownback as U.S. Ambassador-At-Large For International Religious Freedom
Wednesday, January 24, 2018WASHINGTON—Following today’s Senate confirmation of Kansas Gov. Sam Brownback as U.S. Ambassador-at-Large for International Religious Freedom, Helsinki Commission Chairman Sen. Roger Wicker (MS) issued the following statement: “I am proud to vote to confirm my friend and former colleague Governor Sam Brownback as the U.S. Ambassador-at-Large for International Religious Freedom. Religious freedom is the first freedom, and defending the persecuted is vital to our national identity and national security. Governor Brownback is exactly the man we need out there, everywhere, doing this work, right now. “Radical Islamist terrorists target and kill Christians and people of other faiths to advance their evil ideology, recruiting, and propaganda. A robust defense of religious freedom is vital to defeating them. As a member of Congress, most notably as Chairman of the U.S. Helsinki Commission, Brownback tirelessly fought for the religious freedom and human rights of people of all faiths, at home and abroad – especially those suffering in the gulag of North Korea. I commend President Trump on this nomination and look forward to working closely with Governor Brownback to defend religious freedom.”
-
press release
Chairman Wicker Welcomes First-Ever Global Magnitsky Sanctions List
Thursday, December 21, 2017WASHINGTON—Following today’s announcement of the first 52 individuals and entities sanctioned under the “Global Magnitsky Human Rights Accountability Act,” Helsinki Commission Chairman Sen. Roger Wicker (MS) issued the following statement: “I welcome the Administration’s announcement of the first-ever sanctions list under the ‘Global Magnitsky Human Rights Accountability Act.’ This groundbreaking tool for combating human rights abuses and corruption around the world is especially relevant in parts of the OSCE region, where in many countries, corruption is met only with impunity. The United States can now hold individuals like Artem Chayka, Albert Deboutte, and Gulnara Karimova accountable for their roles in sustaining kleptocratic regimes. I am hopeful that the Administration will continue to review and build upon this new list to make it as tough and meaningful as possible.” The “Global Magnitsky Act,” which was passed in 2016, extends the authorities established by the original Magnitsky Act to include the worst human rights violators and those who commit significant acts of corruption around the globe. Both pieces of legislation have served as a model to hold individual perpetrators accountable for human rights violations and combat kleptocracy and corruption worldwide.
-
hearing
The Magnitsky Act at Five
Thursday, December 14, 2017In 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.”
-
article
The Legacy of Sergei Magnitsky
Sunday, December 10, 2017By Woody Atwood, Intern In 2008, a Russian tax lawyer named Sergei Magnitsky representing Hermitage Capital Management in a dispute over alleged tax evasion discovered a $230 million fraud being committed by Russian law enforcement officers assigned to the case. Magnitsky reported the fraud to the authorities and was arrested soon after by the same officers he had accused. For almost a year, Magnitsky was held in squalid prison conditions, denied visits from his family, and beaten by guards. Despite developing serious cases of gallstones, pancreatitis, and cholecystitis, he was denied medical attention. On November 16, 2009, Sergei Magnitsky was beaten to death in his cell. He had been imprisoned for 358 days, just seven days short of the maximum legal pre-trial detention period in Russia. A year later, Sen. Ben Cardin (MD), then Chairman of the Helsinki Commission, introduced the Justice for Sergei Magnitsky Act, directing the U.S. Secretary of State to publish a list of individuals involved in Sergei’s detention and death, and enabling the government to deny these individuals entry to the United States and freeze their American assets. The bill was reintroduced in the next Congress as the Sergei Magnitsky Rule of Law Accountability Act. This version covered all individual who commit extrajudicial killings, torture or otherwise egregiously violate the human rights of activists or whistleblowers in Russia. Both houses of Congress passed the new bill in late 2012 as part of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act. On December 14, 2012, President Obama signed the Magnitsky Act into law, establishing severe consequences for the worst human rights violators in Russia. Just weeks after the passage of the Magnitsky Act, the Russian parliament and government responded by passing a law banning American families from adopting children from Russia. The law immediately terminated adoptions that were being processed, and many children, including children with serious disabilities, who were due to leave Russia were never able to join their American families. In 2013, the Russian government also issued a list of 18 American officials banned from entering Russia. In 2015, Sen. Cardin and Rep. Chris Smith (NJ-04), who was then chairing the Helsinki Commission, introduced the Global Magnitsky Human Rights Accountability Act to expand the authorities established by the original Magnitsky Act to include the worst human rights violators and those who commit significant acts of corruption around the world. The legislation required the President to annually issue a list of individuals sanctioned under it on Human Rights Day (December 10) or the soonest day thereafter when the full Congress is in session. The global version was passed in December 2016 as part of the National Defense Authorization Act for Fiscal Year 2017. The story of Sergei Magnitsky and the actions of the U.S. Congress have sparked a global movement to hold individual perpetrators accountable for their human rights violations and corruption. In the last year, Estonia, Canada, the United Kingdom, and Lithuania have all passed their own Magnitsky laws. In honor of Human Rights Day and the fifth anniversary of the Magnitsky Act, and to correspond to the deadline for the annual Global Magnitsky List, the U.S. Helsinki Commission is holding two events related to the legacy of Sergei Magnitsky. On Wednesday, December 13, at 3:00PM Commission staff will lead a public briefing on “Combating Kleptocracy with the Global Magnitsky Act,” and on Thursday, December 14, Commissioners will hear testimony on “The Magnitsky Act at Five: Assessing Accomplishments and Challenges.”
-
press release
Helsinki Commission to Assess Magnitsky Act at Five
Thursday, December 07, 2017WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: THE MAGNITSKY ACT AT FIVE: ASSESSING ACCOMPLISHMENTS AND CHALLENGES Thursday, December 14, 2017 9:30 AM Dirksen Senate Office Building Room 562 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce121417 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 will examine 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 following witnesses are scheduled to testify: William Browder, CEO of Hermitage Capital Management and author of Red Notice. Browder has led the fight to seek justice for Sergei Magnitsky and his family in both the U.S. and abroad. He will outline Russian opposition to his anti-corruption efforts and his work to help pass similar legislation around the world. The Hon. Irwin Cotler, PC, OC, Chair of the Raoul Wallenberg Center for Human Rights; Former Canadian Member of Parliament, Attorney General of Canada, and Minster of Justice. Cotler will provide details about Canada’s recent passage of its Magnitsky Act, its importance to Canada, and Russian resistance to the legislation. Garry Kasparov, Chairman of the Human Rights Foundation and author of Winter Is Coming: Why Putin and the Enemies of the Free World Must Be Stopped. Kasparov will explain the threat Putin’s regime poses toward the United States and analyze the Magnitsky Act’s efficacy.
-
hearing
Prisoners of the Purge
Wednesday, November 15, 2017In July 2016, the Turkish people helped defeat a coup attempt that sought to overthrow their country’s constitutional order. In pursuing those responsible for the putsch, however, Turkish authorities created a dragnet that ensnared tens of thousands of people. The state of emergency declared by President Erdogan in the immediate aftermath of the coup attempt remains in effect today and gives the government vast powers to detain or dismiss from employment almost anyone, with only minimal evidence. Caught up in the sweeping purge are several American citizens, including Pastor Andrew Brunson, NASA scientist Serkan Gölge. Brunson worked and raised his family in Turkey for more than 23 years. Despite the efforts of the President of the United States, among many others, he has spent more than a year in jail without trial on national security charges. In addition, Gölge and two Turkish employees of U.S. consulates stand charged with terrorism offenses despite no involvement with violent activity—a situation faced by thousands of other Turks. The U.S. Helsinki Commission hearing examined the factors contributing to the detention of American citizens, particularly Mr. Brunson, and U.S. consulate employees in Turkey, as well as the judicial processes to which they have been subject. Sen. Thom Tillis presided over the hearing, voicing his concerns about the treatment of American detainees in Turkey and the country’s deteriorating democratic institutions, particularly the judiciary. During the hearing, the Commission heard testimony from Deputy Assistant Secretary of State for European and Eurasian Affairs Jonathan Cohen, Executive Senior Counsel for the American Center for Law and Justice (ACLJ) CeCe Heil, Pastor Brunson’s daughter Jacqueline Furnari, and Director of Freedom House’s Nations in Transit Project Nate Schenkkan. All witnesses spoke to their concerns about the worsening political climate in Turkey and the safety of its political prisoners, including Mr. Brunson and Mr. Gölge. They also discussed the impact of these arrests on U.S.-Turkey relations and policy recommendations that could help secure their release and promote Turkey’s respect for its rule of law and other commitments as a participating State of the Organization for Security and Cooperation in Europe (OSCE). Mr. Cohen called on the Turkish government to end the protracted state of emergency, cease sweeping roundups, and expedite due process for all the detained. He encouraged Congress to continue engagement through in-person and written correspondence with Turkish officials to communicate concerns about specific detention cases and the broader rule of law. Mr. Schenkkan detailed the scale of Turkey’s wide-scale purges, which he described as targeting independent voices and ordinary citizens from nearly every sector and as far exceeding any reasonable scope corresponding to the failed coup attempt. He recommended that the United States explore the application of individual sanctions against Turkish officials responsible for the prolonged and unjust detention of American citizens and U.S. consulate employees. Mrs. Heil and Mrs. Furnari testified about the physical, psychological, and personal toll of Pastor Brunson’s prolonged detention. They noted that Pastor Brunson has lost 50 pounds while in detention and suffered psychologically and emotionally from his isolation and separation from his family.
-
briefing
Religious Freedom Violations in the OSCE Region
Wednesday, November 15, 2017All 57 participating States of the Organization for Security and Cooperation in Europe have committed to recognize and respect religious freedom as a fundamental freedom. However, some OSCE countries are among the worst perpetrators of religious freedom violations in the world. On November 15, 2017 the U.S. Helsinki Commission hosted a briefing titled “Religious Freedom Violations in the OSCE Region: Victims and Perpetrators.” The panel included Ambassador Michael Kozak, Senior Advisor for the Bureau of Democracy, Human Rights, and Labor; Dr. Daniel Mark, Chairman of the U.S. Commission on International Religious Freedom; Dr. Kathleen Collins, Associate Professor in the Department of Political Science at the University of Minnesota; and Phillip Brumley, General Counsel for Jehovah’s Witnesses. The briefing was moderated by U.S. Helsinki Commission Policy Advisor Nathaniel Hurd. Ambassador Kozak opened his remarks by emphasizing that freedom of religion is an important issue to the Trump Administration. He named Turkmenistan, Uzbekistan, and Tajikistan as the most concerning OSCE participating States currently violating their citizens’ right to freedom of religion. While he noted Uzbekistan is making some efforts to remove itself from the “Countries of Particular Concern” list, the country still has a ways to go. He discussed a law in Tajikistan that prevents any child under 18years of age from attending public religious ceremonies, saying this law not only violates citizens’ freedom of religion but also freedom of assembly. He then stressed the importance of keeping an eye on “Tier 2” countries such as Azerbaijan, Kazakhstan, and Turkey, as all three countries are active in limiting the rights of minority religions. During the Q & A session, Ambassador Kozak explained that the State Department released the Annual International Religious Freedom Report three months after the legally required May deadline so the Secretary could participate in the rollout. He also acknowledged the State Department’s failure to meet the legally required deadline to issue its designation of Countries of Particular Concern 90 days after releasing the IRF report. The Ambassador himself took responsibility for missing the deadline, explaining that he has not yet provided the paperwork to the Secretary and saying the designations should be issued soon. Dr. Daniel Mark then spoke about the role of the U.S. Commission on International Religious Freedom (USCIRF) in the OSCE region. USCIRF monitors religious freedom abroad and makes policy recommendations in Washington. He recently traveled to Uzbekistan and also acknowledged the efforts of the country to improve its status on the “Countries of Particular Concern” list. He added that Uzbekistan was the one country that offers hope in the region, although the USCIRF is still waiting for more evidence on much needed reforms. He cited the strict registration of religious groups, tightly controlled possession of religious literature, and the thousands of Uzbek Muslims who continue to serve long-term prison sentences on fabricated charges. He also warned that extremism laws have become a new way to prevent peaceful religious expression in the region. Overall, he said the Commission is not optimistic about religious freedom in the region, which is arguably more restricted than ever before. During the Q&A session, Dr. Mark reiterated that the biggest constraint on religious freedom in Uzbekistan is the government-required registration on religious organizations. Without registration, a group cannot have property, services, or literature; however, registration is also a way for the government to start its control and surveillance. Dr. Kathleen Collins concentrated her time on the evolving situation in Kazakhstan and Kyrgyzstan. She suggested that governments in the region are looking towards each other and Russia to justify extremism laws that are really just another form of religious persecution. Dr. Collins spoke about a proposed amendment in the Kazak government that limit religious teaching to approved organizations, and the new requirement for 500 signatories for religious registration in Kyrgyzstan. Despite these laws, she noted that some churches have been able to build ties with local governments to provide social services that national and local governments do not prioritize, such as helping orphans and drug rehabilitation. During the Q&A session, Dr. Collins noted that governments and secular civil society actors in the region have undercut some of the efforts to gain more religious freedom. She said there is not a tradition of civil society working with religious actors as a result of deeply secular civil societies that tend to distrust religious actors. Dr. Collins added that mistrust developed during Communist rule has undermined different Christian communities working together to address issues of religious freedom. Finally, Phillip Brumley began by listing Tajikistan, Turkmenistan, Uzbekistan, and Russia as the most dangerous countries for Jehovah’s Witnesses in the OSCE region. Brumley explained how Russia’s extremism laws allowed the Russian government to classify Jehovah’s Witnesses as an extremist organization. He said Jehovah’s Witnesses residing in Russia can remain true to their faith but must keep it to themselves and refrain from gathering in groups to worship. He believes that Russia is the primary driver of religious freedom violations in the region. During the Q&A session, Brumley said he believes Russia is taking a long time in their attack on Jehovah’s Witnesses in order to give a veneer of giving Jehovah’s Witnesses due process of law. He noted that Jehovah’s Witnesses have been in Russia since before the Soviet Union and there are fourth and fifth generation Witnesses living in Russia who will continue to practice their faith, even under these new limitations.
-
briefing
Internet Freedom in the OSCE Region: Trends and Challenges
Tuesday, November 14, 2017On Tuesday, November 14, 2017 the U.S. Helsinki Commission held a briefing on internet freedom in the OSCE region. The panelists – Sanja Kelly, Director of Freedom House’s Freedom on the Net; Dariya Orlova, Senior Lecturer and Deputy Director for Research at the Mohyla School of Journalism in Kyiv, Ukraine; Berivan Orucoglu, Human Rights Defenders Program Coordinator at the McCain Institute; and Jason Pielemeier, Policy Director at the Global Network Initiative – discussed concerning developments in participating States. First, Sanja Kelly provided an overview of Freedom House’s work on internet freedom issues and described the recent edition of the Freedom on the Net report, which was released that very day. The report found that internet freedom declined for the seventh consecutive year around the world, but that the situation among OSCE participating States is more diverse. The region includes some of the report’s best performers, such as Estonia, Iceland, Germany and the United States, as well as some of its worst performers, with Russia, Turkey and Uzbekistan. She also noted the concerning finding that Russia is using the internet to interfere in domestic processes in other OSCE participating States. She pointed out that the “same manipulation techniques, including paid pro-government commentators, bots and fake news, that the Russian authorities have been using in their disinformation campaigns abroad, have long been used … against Russian independent journalists, political opponents and other critical voices.” After that, Dariya Orlova gave an account of the deteriorating internet freedom situation in Ukraine. To blame for this decline, she said, is the introduction of bans on several Russian internet services, including social media networks, email services and search engines. According to Dariya, there has been a lack of outspoken critique against these measures among domestic audiences. She also drew attention to the increasingly dangerous environment that online activists and journalists find themselves in. Then, she briefly explained some of the Kremlin’s tactics when it comes to weaponizing social media platforms. Berivan Orucoglu focused her remarks on the sharp decline in internet freedom that Turkey has experienced in the past few years. In her eyes, this reflects a crackdown on press freedom and freedom of expression more generally. In an effort to control the narrative, the Turkish government has jailed journalists, curbed dissent on social media, as well as in the mainstream media and otherwise intimidated critics. More often than not, national security reasons are cited as justification for these measures. In closing, Jason Pielemeier introduced his organization, the Global Network Initiative, to the audience and proceeded to place some of the aforementioned internet freedom trends into historical context. By doing so, he tried to understand the motivations of repressive regimes to clamp down on online activity. He also touched on more technical aspects of the discussion, such as data localization and the effects such measures have on intelligence operations.
-
press release
Religious Freedom Violations in OSCE Region Topic of Upcoming Helsinki Commission Briefing
Thursday, November 09, 2017WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: RELIGIOUS FREEDOM VIOLATIONS IN THE OSCE REGION: VICTIMS AND PERPETRATORS Wednesday, November 15, 2017 2:00PM Russell Senate Office Building Room 385 Live Webcast: www.facebook.com/HelsinkiCommission All 57 participating States of the Organization for Security and Cooperation in Europe have committed to recognize and respect religious freedom as a fundamental freedom. However, some OSCE countries are among the worst perpetrators of religious freedom violations in the world. Tajikistan, Turkmenistan, and Uzbekistan are currently designated by the U.S. State Department as “Countries of Particular Concern,” a designation required by U.S. law for governments that have “engaged in or tolerated particularly severe violations of religious freedom.” The U.S. Commission on International Religious Freedom has recommended that Russia also be designated as a CPC and includes Azerbaijan, Kazakhstan, and Turkey in its list of “Tier 2” countries that “require close monitoring due to the nature and extent of violations of religious freedom engaged in or tolerated by governments.” This briefing will happen just two days after CPC designations are due on November 13 (U.S. law requires the State Department to issue new CPC designations no later than 90 days after releasing its annual International Religious Freedom report). Panelists – including a representative from a frequently targeted religious group – will discuss religious freedom victims, violators, and violations in the OSCE region. The conversation will include recommendations for what governments and the OSCE institutionally should do to prevent and respond to violations. The intersection between security, a chronic justification for violations, and religious freedom will be featured. The following panelists will offer brief remarks, followed by questions: Ambassador Michael Kozak, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State Dr. Daniel Mark, Chairman, U.S. Commission on International Religious Freedom Dr. Kathleen Collins, Associate Professor of Political Science, University of Minnesota, and Scholar, Under Caesar’s Sword (a global three-year research project investigating how Christian communities respond when their religious freedom is severely violated) Philip Brumley, General Counsel, Jehovah’s Witnesses
-
press release
Turkey’s Detention of U.S. Citizens to Be Scrutinized at Helsinki Commission Hearing
Thursday, November 09, 2017WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: PRISONERS OF THE PURGE: THE VICTIMS OF TURKEY’S FAILING RULE OF LAW November 15, 2017 9:30AM Dirksen Senate Office Building Room 124 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce111517 In July 2016, the Turkish people helped defeat a coup attempt that sought to overthrow their country’s constitutional order. In pursuing those responsible for the putsch, however, Turkish authorities created a dragnet that ensnared tens of thousands of people. The state of emergency declared by President Erdogan in the immediate aftermath of the coup attempt remains in effect today and gives the government vast powers to detain or dismiss from employment almost anyone, with only minimal evidence. Caught up in the sweeping purge are several American citizens, including pastor Andrew Brunson, who worked and raised his family in Turkey for more than 23 years. Despite the efforts of the President of the United States, among many others, he has spent more than a year in jail without trial on national security charges. Additionally, a Turkish-American NASA scientist and two Turkish employees of U.S. consulates stand charged with terrorism offenses despite no involvement with violent activity—a situation faced by thousands of other Turks. The U.S. Helsinki Commission hearing will examine the factors contributing to the detention of American citizens, particularly Mr. Brunson, and U.S. consulate employees in Turkey, as well as the judicial processes to which they have been subject. One of Mr. Brunson’s family members and his U.S. attorney will testify about his ongoing detention. Witnesses will also discuss the impact of these arrests on U.S.-Turkey relations and policy recommendations that could help secure their release and promote Turkey’s respect for its rule of law and other commitments as a participating State of the Organization for Security and Cooperation in Europe (OSCE). Panel One: Jonathan R. Cohen, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs, U.S. Department of State Panel Two: CeCe Heil, Executive Counsel, American Center for Law and Justice (ACLJ) Jacqueline Furnari, Daughter of Andrew Brunson Nate Schenkkan, Director of the Nations in Transit Project, Freedom House
-
press release
Helsinki Commission Briefing to Examine State of Internet Freedom in OSCE Region
Wednesday, November 08, 2017WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: INTERNET FREEDOM IN THE OSCE REGION: TRENDS AND CHALLENGES Tuesday, November 14, 2017 1:00PM Senate Visitors Center (SVC) Room 215 Live Webcast: www.facebook.com/HelsinkiCommission For seven straight years, internet freedom in Eurasia has been on the decline, with countries like Russia and Turkey among the worst offenders. Independent websites are frequently censored and bloggers and netizens are being jailed for promoting human rights or documenting abuse. Meanwhile, governments are employing manipulation and disinformation campaigns to control the online information landscape and silence opposing voices, weaponizing social media to preserve power. On November 14, Freedom House will release the newest edition of its Freedom on the Net report, an annual assessment of internet access, censorship, and user rights in 65 countries, encompassing 87 percent of all internet users. Featuring the report’s main findings, this briefing will examine declining internet freedom globally and in the OSCE region, and its impact on broader democracy and human rights; growing cyberattacks against human rights defenders in Russia and the former Soviet sphere; and government use of social media to manipulate discussions and attack critics. The following panelists are scheduled to participate: Sanja Kelly, Director, Freedom on the Net, Freedom House Dariya Orlova, Senior Lecturer, Mohyla School of Journalism in Kyiv, Ukraine Berivan Orucoglu, Human Rights Defenders Program Coordinator, The McCain Institute Jason Pielemeier, Policy Director, Global Network Initiative
-
publication
Belarus: 25 Years after Signing the Helsinki Final Act
Monday, November 06, 2017In July 2017, Belarus hosted the OSCE Parliamentary Assembly (PA) Annual Session. However, two decades ago, the OSCE PA refused to even recognize the legitimacy of Belarus’ putative elected representatives. What has changed? Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law, Scott Rauland, Senior State Department Advisor, and Michael Newton, Intern
-
article
Organization Profile: Forum 18
Friday, October 27, 2017The Helsinki Final Act of 1975 recognizes religious freedom as a “human right and fundamental freedom.” Participating States of the OSCE “will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.” The Helsinki Commission promotes and defends the religious freedom of people in the OSCE region, particularly prioritizing the cases of individuals and communities whose religious freedom has been violated and laws and policies that conflict with the Helsinki Final Act. Forum 18 is a news organization dedicated to reporting on violations of religious freedom in several OSCE participating States, including in Central Asia and the South Caucasus; Russia; Belarus; and Turkey. Helsinki Commission Policy Advisor Nathaniel Hurd interviewed the editors of Forum 18 by email to learn more about their work and views about religious freedom in the countries they cover. According to the editors, “The mission of Forum 18 is to provide original, reliable and detailed monitoring and analyses of threats and actions against the freedom of religion and belief of all people, whatever their religion or belief (including atheism and agnosticism), in an objective, truthful and timely manner.” Violations of Religious Freedom in the Former Soviet Union Forum 18 focuses its work on the states of the former Soviet Union, which the organization considers the worst violators of freedom of religion in the region. “The worst violators of freedom of religion and belief in the territories Forum 18 monitors – governments – target anyone and any religious community they see as actually or potentially outside their control,” the editors noted. “Azerbaijan, for example, claims to be ‘an example of tolerance’ yet has repeatedly closed Sunni Muslim mosques. A 2014 police list of banned books [in Azerbaijan] includes Islamic texts by theologian Said Nursi, Jehovah's Witness texts, and the Old Testament or Hebrew Bible used by Christians and Jews. Police have long confiscated these texts and others during raids on Muslim, Jehovah’s Witness, and Baptist private homes and meetings of people exercising their right to freedom of religion or belief. There are many prisoners of conscience, especially human rights defenders and journalists. On July 3, 2017 Shia Imam Sardar Babayev was jailed for three years for leading mosque prayers because he was educated abroad.” “The reality of freedom of religion and belief violations by governments in these territories and the necessity of documenting them is why we were founded,” noting that they work to protect the freedom of everyone whatever their religion or belief (including atheism and agnosticism). “Our founders and staff were and are totally convinced as a matter of Christian conviction that everyone with no exceptions – including people who would completely disagree with the Christian faith – must…be able to freely exercise the freedom of religion and belief, and related rights such as the freedoms of expression, association and assembly…Our personal experience in the territories we monitor and other states (such as the former East Germany), as well as our own convictions, make us committed to Forum 18’s work of monitoring and analyzing governments’ violations of their international human rights law obligations.” In addition to its work on Azerbaijan, Forum 18 is also focusing on Uzbekistan’s raids, fines, jailing, and torture of Muslims, Protestants, and Jehovah’s Witnesses, as well as the increasing number of prisoners of conscience being jailed in Kazakhstan for exercising freedom of religion and belief, including alleged adherents of Muslim missionary movement Tabligh Jamaat, Jehovah’s Witness Teymur Akhmedov, and Seventh-day Adventist Yklas Kabduakasov. Kazakhstan has also banned all mosques outside state control; expressions of non-Sunni Hanafi Islam; and discussion of faith by people without state permission, or not using state-approved texts, or outside state-approved locations. Kazakhstan’s persecution of atheist writer Aleksandr Kharlamov is also of concern. In Russia, Forum 18 actively monitors the government’s “anti-extremist” nationwide ban on Jehovah’s Witnesses, as well as “anti-extremist” prosecutions, fines and jailing of Muslims and Jehovah’s Witnesses, including cases like that of Muslim Yevgeny Kim, who in in June 2017 was sentenced to three years in prison. Forum 18 is also concerned about nationwide religious literature bans, with the possessors of such texts being liable to criminal prosecution. Accuracy and Objectivity Are Key “Our overriding editorial objective is to as accurately as possible present the truth of a situation, both implicitly and explicitly,” note the editors of Forum 18. “It is vitally important that we cross-check information with local people, including religious communities and other human rights defender organizations where these exist. It is equally vital that in our published articles we carry the views of local people and human rights organizations – this enables local people to make their views on human rights violations known.” “Similarly, we always seek the comments of relevant officials, such as public prosecutors, police and secret police officials, within the country being written about,” they continued. “Every article we publish includes information on all the sources used, even if some have to be described as remaining anonymous for fear of state reprisals.” According to Forum 18, the organization’s efforts have resulted in “significant respect and usage among victims of human rights violations, human rights defenders (including journalists), diplomats, intergovernmental organizations, academics and others.” “Accuracy is in itself an effective advocacy for human rights by countering with accurate information the false information presented by repressive regimes, who often seek to conceal their human rights violations,” the editors said. The Worst of the Worst? When asked which of the countries Forum 18 monitors should be considered the “worst of the worst,” the editors noted that developing such a ranking is difficult. “Territories where serious…violations take place are places where people have a strong incentive to not discuss the state’s violations, for fear of state reprisals, making any reliable ranking of territories difficult,” they observed. “Because in all the territories Forum 18 monitors governments violate individuals’, informal groups’, and communities’ freedom of religion and belief apparently as part of a declared or undeclared policies of increasing state control of society – even in states such as Georgia in the south Caucasus – we think it is best for readers to judge for themselves which countries are the worst violators of freedom of religion or belief at any one time,” the editors added. Similarly, Forum 18 finds it difficult to rank the individual cases monitored by the organization. “In our view, each one of these cases where a government has violated an individual’s or group’s freedom of religion and belief can fairly be described as compelling. We think this view is reinforced by the individual cases being part of a much broader pattern of intentional, systemic government violations of the human rights of everyone they rule.” One case Forum 18 has followed close is that of Protestant Pastor Bakhrom Kholmatov in Tajikistan, who was jailed for three years for allegedly “singing extremist songs in church and so inciting ‘religious hatred.’” The regime has threatened family members, friends, and church members with reprisals if they reveal any details of the case, trial, or jailing. Cooperation is Key Cooperation is vital to the Forum 18 approach. “Cooperation in defense of human rights for all is both right in principle and more effective than competition,” the Forum 18 editors argue. “It is important to cooperate with others – including in our case providing accurate information – to help responses to violations of freedom of religion and belief and interlinked other fundamental freedoms to be as effective as possible. Our work with victims of freedom of religion and belief violations and other human rights defenders convinces us that this approach is the right one to follow.” Twitter: @Forum_18 Facebook: @Forum18NewsService
-
briefing
Averting All-Out War in Nagorno-Karabakh
Wednesday, October 18, 2017Last year, the worst outbreak of violence over Nagorno-Karabakh in more than two decades erupted as the so-called Four Day War in April 2016 claimed approximately 200 lives and demonstrated that the conflict is anything but “frozen.” The Line of Contact separating the parties sees numerous ceasefire violations annually and each one risks igniting a larger-scale conflict that could draw in major regional players, such as Russia, Turkey, and Iran. Since 1997, the United States, France, and Russia have co-chaired the Minsk Group of the Organization for Security and Cooperation in Europe (OSCE), the principal international mechanism aimed at reaching a negotiated solution to the conflict. The U.S. Helsinki Commission hosted two former United States Co-Chairs of the Minsk Group process as well as a renowned, independent expert on the conflict to assess the current state of the dispute over Nagorno-Karabakh, the Minsk Group format, and the prospects for achieving a lasting peace. Magdalena Grono, an expert from the International Crisis Group, underlined the serious potential for further flare-ups in the fighting, which could have severe humanitarian impacts and draw in regional powers. She contextualized the recent clashes and assessed that the conflict was among the most deadly, intractable and risky in Europe. According to her assessment, the conflict is beset by two worrisome trends: deteriorating confidence between the parties and in the settlement process itself as well as increasingly dangerous clashes due in part to the deployment of heavier weaponry. Ambassador Carey Cavanaugh discussed the role of the Minsk Group in the settlement process while voicing his concern that positions have hardened on all sides. Growing tensions have created risks not only of intentional but also accidental conflict, he said. The Ambassador outlined the limits of the Minsk Group’s mandate, underscoring that it is charged with helping the sides find a solution rather than imposing one from the outside. He lamented that the recent meeting between the Armenian and Azerbaijani presidents apparently failed to achieve agreement on certain confidence and security building measures (CSBMs). In order to stem further escalation, he noted the importance of implementing CSBMs and establishing a direct communication channel between the Armenian and Azerbaijani sides. He concluded by calling on the leadership of Armenia and Azerbaijan to demonstrate the political will to work toward a resolution, for instance by preparing their populations for the compromises that will inevitably be required to achieve peace. Ambassador James Warlick asserted that while this was a time of significant danger, peace remains within reach. He urged the Armenian and Azerbaijani presidents to engage together on principles that they know can lead to peace, saying that meetings without progress undermine confidence in negotiation efforts. Citing past negotiations, Ambassador Warlick laid out six elements that will have to be part of any settlement if it is to endure. The Ambassador concluded by underlining that it is up to the governments of Armenia and Azerbaijan to take the first step toward peace by considering measures, even unilateral ones, that will demonstrate their stated commitment to making progress, reducing tensions, and improving the atmosphere for negotiations.
-
press release
Helsinki Commission Urges Turkish President to Lift State of Emergency
Tuesday, October 17, 2017WASHINGTON—In a letter to Turkish President Recep Tayyip Erdoğan yesterday, the four senior members of the Helsinki Commission – Chairman Sen. Roger Wicker (MS), Co-Chairman Rep. Chris Smith (NJ-04), Ranking Commissioner Sen. Ben Cardin (MD), and Ranking Commissioner Rep. Alcee Hastings (FL-20) – urged him to lift the state of emergency that has been in place in Turkey since July 2016 and immediately restore Turkey’s commitment to international standards of due process and judicial independence. The bipartisan letter, which came just hours after President Erdoğan announced a fifth three-month extension of the country’s state of emergency, was also signed by Helsinki Commissioners Sen. Marco Rubio (FL), Sen. Thom Tillis (NC), Rep. Roger Aderholt (AL-04), Rep. Randy Hultgren (IL-14), Rep. Gwen Moore (WI-04), and Rep. Sheila Jackson Lee (TX-18). It reads in part: “We are concerned about your government’s continued actions to undermine human rights and democratic principles in Turkey. The prolonged state of emergency is gravely undermining Turkey’s democratic institutions and the durability of our countries’ longstanding strategic partnership, including more than half a century as NATO allies. Last year, the Turkish people defeated a violent and illegal challenge to their democratic institutions; today, the 15-month-old state of emergency poses a different threat to these same institutions, particularly the judiciary. By facilitating sweeping purges with no evidentiary standards, the state of emergency has upended countless innocent lives and undercuts domestic and international confidence in Turkey’s rule of law… “As a member of the Council of Europe and participating State of the Organization for Security and Cooperation in Europe (OSCE), your country officially recognizes the rule of law as a cornerstone of democratic governance. Restoring respect for fair judicial treatment would remove a persistent distraction in our bilateral relationship and help to rebuild a principles-based partnership rooted in shared commitments to collective security, democracy, human rights, and the rule of law.” The letter highlighted the cases of American citizens Andrew Brunson, a pastor, and Serkan Gölge, a NASA scientist, both of whom were arrested in Turkey following the coup attempt. As of mid-2017, at least seven additional American citizens were jailed in Turkey. The letter also noted the cases of two detained Turkish employees of the U.S. consulates in Turkey as well as a group of Turkish and international activists—known as the Istanbul 10—who were arrested this summer while holding a routine human rights defenders workshop in Istanbul. The full text of the letter can be found below: Dear President Erdoğan, We are concerned about your government’s continued actions to undermine human rights and democratic principles in Turkey. The prolonged state of emergency is gravely undermining Turkey’s democratic institutions and the durability of our countries’ longstanding strategic partnership, including more than half a century as NATO allies. Last year, the Turkish people defeated a violent and illegal challenge to their democratic institutions; today, the 15-month-old state of emergency poses a different threat to these same institutions, particularly the judiciary. By facilitating sweeping purges with no evidentiary standards, the state of emergency has upended countless innocent lives and undercuts domestic and international confidence in Turkey’s rule of law. In February, many of us joined over 70 of our colleagues from the U.S. Senate and House of Representatives to appeal to you for the immediate release of American pastor Andrew Brunson, who has been held without trial for a year on baseless terrorism charges. We continue to be dismayed by your government’s unwillingness to heed our calls for his release and the recent imposition of four additional charges on Mr. Brunson for allegedly conspiring to overthrow your government. These allegations are preposterous. We urge you to recognize them as such, drop all charges against Mr. Brunson, and release him. Since the failed coup attempt, Turkish authorities have arrested a number of American dual citizens and two long-time Turkish employees at U.S. consulates on terrorism charges. Some of these individuals—including American citizen and NASA scientist Serkan Gölge—have been in jail for more than a year despite the prosecution’s ability to present only circumstantial evidence against them. Our citizens have also been denied the courtesy of U.S. consular assistance that would help them and their families cope with these difficult and confusing circumstances. It is clear that terrorism charges under the state of emergency are also being manipulated to suppress the activism of a group of human rights defenders arrested in early July. Authorities seized a group of ten Turkish and international activists holding a routine human rights defenders workshop in Istanbul. The group of activists, which has come to be known as the Istanbul 10 and includes Amnesty International’s Turkey Director, Ms. İdil Eser, is charged with “committing crime in the name of a terrorist organization without being a member.” A month earlier, Amnesty International’s Turkey Board Chair, Mr. Taner Kılıç, was arrested on charges of being a member of an alleged terrorist organization. Ms. Eser, Mr. Kılıç, and many of their colleagues remain in pre-trial detention. We urge you to ensure the timely, transparent, and fair adjudication of the aforementioned cases, lift the state of emergency and immediately restore Turkey’s commitment to international standards of due process and judicial independence. As a member of the Council of Europe and participating State of the Organization for Security and Cooperation in Europe (OSCE), your country officially recognizes the rule of law as a cornerstone of democratic governance. Restoring respect for fair judicial treatment would remove a persistent distraction in our bilateral relationship and help to rebuild a principles-based partnership rooted in shared commitments to collective security, democracy, human rights, and the rule of law. Thank you for your attention to this important matter. Sincerely,
-
publication
Human Rights and Democracy in Russia
Wednesday, September 20, 2017From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. The Russian Federation has adopted, by consensus, OSCE commitments relating to human rights and fundamental freedoms, free and fair elections, the rule of law, and independence of the judiciary. However, in many areas the Russian government is failing to live up to its commitments. Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law, Scott Rauland, Senior State Department Advisor, and Michael Newton, Intern
-
article
Religious Freedom in Kazakhstan: The Case of Teymur Akhmedov
Thursday, September 14, 2017By Nathaniel Hurd, Policy Advisor The case of Teymur Akhmedov, a 61-year-old Jehovah’s Witness in Kazakhstan, illustrates the life-threatening consequences that can result from attacks on religious freedom. Restrictions on Religious Freedom in Kazakhstan Becoming an OSCE participating State includes the voluntary accession to all OSCE commitments, including those related to freedom of religion. From the founding Helsinki Final Act of 1975, the language is clear: “The participating States will respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion… the participating States will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.” Yet of the 10 countries currently designated by the U.S. State Department as “Countries of Particular Concern” with regard to religious freedom, three of them – Tajikistan, Turkmenistan, Uzbekistan – are in the OSCE region. Since the International Religious Freedom Act of 1998 requirements came into effect, the U.S. Secretary of State has annually reviewed and reported annually on the status of religious freedom in foreign countries. When there is evidence the government of that country has “engaged in or tolerated particularly severe violations of religious freedom in that country,” the Secretary is supposed to designate the country as a CPC. Although Kazakhstan has not been designated as a CPC and its constitution includes provisions providing for religious freedom, in its International Religious Freedom Report for 2016, the State Department reported “the government continued to arrest, detain, and imprison members of religious groups, criminalize speech ‘inciting religious discord,’ question congregation members about their choice of faith, punish individuals for ‘illegal missionary activity,’ and label ‘nontraditional’ religious groups as ‘destructive sects’ in the media.” This has led the U.S. Commission for International Religious Freedom (USCIRF) to classify Kazakhstan as one of three OSCE participating States – along with Azerbaijan and Turkey – on its “Tier 2” list, which identifies countries where religious freedom violations do not meet the criteria for the State Department’s CPC designation, but that still need ongoing scrutiny. Kazakhstan has been on the Tier 2 list every year since 2013. USCIRF notes in its 2017 annual report, “The country’s restrictive 2011 religion law bans unregistered religious activity and is enforced through police raids, detentions, fines, and the closing of religious institutions. Increasingly, terrorism and religious extremism laws with multiyear prison sentences are deployed against religious nonconformity and political opposition, blurring the line between violent extremism and peaceful dissent.” The Case of Teymur Akhmedov A retired bus driver, Jehovah’s Witness Teymur Akhmedov is a married father of three. In 2016, he was approached by several men who identified themselves as students who were interested in the teachings of Jehovah’s Witnesses. They invited Akhmedov to an apartment to discuss his faith and later visited his home. Acting on behalf of the National Security Committee (a Kazakh intelligence agency), the men secretly recorded their discussions. In January 2017, Akhmedov was arrested and charged with violating Kazakhstan’s Criminal Code (Article 174) regarding “inciting religious hatred.” The presiding judge concurred with the charges and also accused Akhmedov of “inciting religious discord” and promoting the “propaganda of exclusivity, superiority of citizens on grounds of their religion.” He sentenced Akhmedov to five years in a labor camp and banned him from “ideological religious activity.” His appeal was denied in June 2017. Since his pre-trial detention began in January, authorities have denied Akhmedov access to cancer treatments at a hospital. He also says he has been tortured in detention. His family and his fellow Jehovah’s Witnesses are concerned that his health will rapidly deteriorate. Jehovah’s Witnesses have asked for him to be immediately released and for the Kazakh government to stop using the Criminal Code and legislation to violate religious freedom in the name of combating extremism. Jehovah's Witnesses in Kazakhstan There are 18,000 Jehovah’s Witnesses in Kazakhstan, more than in any other central Asian country. Over the years, the Kazakh government has fined more than 60 Jehovah’s Witnesses for engaging in missionary activities without registration. In May 2017, a government inspection of Jehovah’s Witnesses headquarters in Almaty alleged non-compliance with Kazakh law regarding requirements for the number of security cameras at public venues, although the government had approved – and Jehovah’s Witnesses had implemented – a camera plan for the headquarters earlier that year. In June, a judge suspended all activities at the headquarters and imposed fines. At an appeals hearing on August 3, the judge amended the sentence, ordering Jehovah’s Witnesses to refrain from holding religious meetings in the headquarters, but permitting all other activities at the headquarters to continue. This has forced 14 congregations to meet elsewhere.
-
publication
Criminal Defamation and "Insult" Laws in the OSCE Region
Monday, September 11, 2017From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. Numerous international documents, including those adopted by the Organization on Security and Cooperation in Europe (OSCE), establish freedom of expression as a fundamental right. However, the right to free speech is not absolute. Consistent with international law, certain kinds of speech, such as obscenity, may be prohibited or regulated. When governments do restrict speech, those restrictions must be consistent with their international obligations and commitments; for example, the restrictions must be necessary in a democratic country and proscribed by law. Criminal defamation and "insult" laws are often defended as necessary to prevent alleged abuses of freedom of expression, but they are not consistent with OSCE norms and their use constitutes an infringement on the fundamental right to free speech. Despite this, criminal defamation and insult laws continue to be abused for political purposes in several OSCE participating States. Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law, and Jordan Warlick, Office Director
-
article
The 2017 Human Dimension Implementation Meeting: An Overview
Friday, August 18, 2017Each year,1 the OSCE Office for Democratic Institutions and Human Rights (ODIHR) organizes the Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland. As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress. The 2017 HDIM will be held from September 11 to September 22. Human Dimension Implementation Meeting 2017 The HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma. Each year, three special topics are selected for a full-day review. 2017 special topics will be 1) ensuring “equal enjoyment of rates and participation in political and public life,” 2) “tolerance and nondiscrimination,” and 3) “economic, social and cultural rights as an answer to rising inequalities.” This year’s meeting will take place at the Warsaw National Stadium (PGE Narodowy), the site of the NATO summit earlier this year. The meeting will be webcast live. Background on the Human Dimension Implementation Meeting When the Helsinki Final Act was signed in Finland in 1975, it enshrined among its ten Principles Guiding Relations between Participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the Final Act included a section on cooperation regarding humanitarian concerns, including transnational human contacts, information, culture and education. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as trafficking in human beings and refugees), and concerns relating to tolerance and nondiscrimination (e.g., countering anti-Semitism and racism). One of the innovations of the Helsinki Final Act was agreement to review the implementation of agreed commitments while considering the negotiation of new ones. Between 1975 and 1992, implementation review took place in the context of periodic “Follow-up Meetings” as well as smaller specialized meetings focused on specific subjects. The OSCE participating States established permanent institutions in the early 1990s. In 1992, they agreed to hold periodic Human Dimension Implementation Meetings” to foster compliance with agreed-upon principles on democracy and human rights. Additional changes to the modalities for the HDIM were agreed in 1998, 2001, and 2002, which included shortening the meeting from three weeks to two weeks, and adding three “Supplementary Human Dimension Meetings” annually on subjects selected by the Chairmanship-in-Office on particularly timely or time-sensitive issues. One of the most notable features of the HDIM is the strong participation of non-governmental organizations. The United States has been a strong advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE modalities allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. 1 In exceptional years when the OSCE participating States hold a summit of heads of state or government, the annual review of human dimension commitments is included as part of the Review Conference which precedes the summit, and also includes a review of the political-military and economic/environmental dimensions.
Mr. Speaker, I rise in my capacity as Chairman of the Helsinki Commission to voice concern over Armenia's refusal to register select religious groups and the continuing harassment of certain religious communities, actions which violate Armenia's commitments to religious freedom as a participating State in the Organization for Security and Cooperation in Europe (OSCE). Honoring the commitments enshrined in the Helsinki Final Act and subsequent OSCE documents would ensure Armenia upholds the freedom of the individual to profess and practice religion or belief, alone or in community with others.
With respect to registration, Armenian law requires all religious communities and organizations, other than the Armenian Apostolic Church, to register with the government. Obtaining registration is critical if a religious community wants to carry out basic functions, like renting property, publishing newspapers or magazines, broadcasting programs on television or radio, or officially sponsoring the visas of co-religionists or visitors.
To acquire registration, a petitioning religious organization must obtain an “expert opinion” from the government, in which four questions from Article 14 of the Freedom of Conscience and Religious Organizations Act must be affirmatively answered: (1) Is the religion based on a historically canonized holy book? (2) Does its faith belong to a system of modern worldwide religious church communities? (3) Is it of a purely spiritual orientation, not created for the pursuit of material goals? (4) Does it have at least 200 believing members, not including minors? A negative finding by the government on any of the four questions will terminate the registration application.
This type of approval system is extremely problematic, as it places the government in the role of determining what is or is not a religion, allowing it to make highly subjective decisions. For example, the government refuses to recognize the Jehovah's Witnesses as an official religion, despite having more than 6,000 Armenian members. Other small groups, including approximately 50 Baptist communities, are unable to pass the numerical threshold, so are not qualified to apply for registration. As a result these groups are indiscriminately denied basic rights enjoyed by those which have the government's stamp of approval.
Last September, Prime Minister Andranik Markarian reportedly stated that the Armenian Government must curb the activities of minority religious communities, even if these actions violate Council of Europe obligations. Mr. Speaker, considering this type of bias, I urge the Government of Armenia to revamp the registration process to prevent arbitrary or politicized decisions. Abolishing the registration requirement and ensuring any system facilitates, rather than hampers, the free exercise of religious freedom for individuals and communities, by methodically granting legal status to groups which seek registration would help bring Armenian policy into conformity with OSCE commitments.
Even more alarming is the Armenian Government's continued imprisonment of conscientious objectors, particularly from the Jehovah's Witnesses faith. According to the State Department's 2002 Anual Report on International Religious Freedom for Armenia, military and civilian security officials subject Jehovah's Witnesses who refuse to serve in the military to harsh treatment, because their refusal is seen as a threat to Armenia's survival. One particular example is the case of Araik Bedjanyan, sentenced on July 2nd to 1½ years in a labor camp for refusing military service. Mr. Bedjanyan was sentenced under Article 75 of the criminal code, for “evasion of active military service.” There are currently 24 Jehovah's Witnesses serving sentences for being conscientious objectors on religious grounds. Suren Hakopyan and Artur Torosyan, whom police arrested in Yerevan on July 3, are currently awaiting trial along with six others for their refusal to serve in the military. Seven more Jehovah's Witnesses are reportedly under house arrest for the same “crime.” Despite Article 75 being replaced by Article 327 in the new criminal code, the amendment only reduces the potential sentence from three years to two.
One of the conditions for Armenia's admission to the Council of Europe in January 2001 involved the adoption of a law on alternative military service conforming to European standards within three years. However, while drafts continue to circulate, no laws have been passed that provide for alternative civilian service outside the framework of the army. In the meantime, conscientious objectors continue to receive harsh sentences. Should the Armenian Parliament pass such a law, the service length should not be punitive in nature, but rather be comparable to military service requirements.
As Chairman of the Helsinki Commission, I urge the Armenian Government to abide by its OSCE commitments regarding religious freedom. Armenia should overhaul its registration scheme, dropping the registration requirement, and liberalize its system for bestowing legal personality to religious communities and organizations. Furthermore, all Jehovah's Witnesses currently imprisoned for “evasion of military service” should be unconditionally freed, and a law in line with Council of Europe standards for alternative military service should be passed as soon as possible.