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press release
Helsinki Commission and House Financial Services Committee Announce Joint Briefing on Trade-Based Money Laundering
Friday, May 17, 2019WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, in partnership with the House Financial Services Committee, today announced the following joint briefing: SHADY SHIPPING Understanding Trade-Based Money Laundering Friday, May 24, 2019 9:30 a.m. Rayburn House Office Building Room 2360 Live Webcast: www.facebook.com/HelsinkiCommission Trade-based money laundering (TBML) is the process of disguising the proceeds of crime and moving value through the use of trade transactions in an attempt to legitimize their illicit origins. This highly sophisticated form of money laundering has become a favorite method for transnational criminals, dictators, and terrorists to move ill-gotten gains to new jurisdictions. This event will examine what TBML is, how it works, and why it has become such a ubiquitous method of laundering money. Panelists will also discuss the broader interplay of illicit commerce, global corruption, and TBML. Finally, panelists will recommend practical steps the United States and non-governmental organizations can take to counter TBML. The following panelists are scheduled to participate: John Cassara, Special Agent, U.S. Department of the Treasury, retired Lakshmi Kumar, Policy Director, Global Financial Integrity David Luna, President and CEO, Luna Global Networks
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press release
Chairman Hastings on Upcoming Meeting Between President Trump and Prime Minister Orban
Sunday, May 12, 2019WASHINGTON—Ahead of Monday’s meeting between U.S. President Donald Trump and Hungarian Prime Minister Viktor Orban, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “Thirty years after Central European nations threw off the mantle of communism and oppression, I recall the unwavering support of the United States for the democratic aspirations of their citizens, and the warm welcome Hungary received when it joined the ranks of self-governing, free nations. I echo Secretary’s Pompeo’s message, delivered in Central Europe in February: Upholding democracy in each and every country is vital to human freedom. “President Trump must urge Prime Minister Orban to end Hungary’s anti-Ukraine policy at NATO, resolve concerns about the relocation of the Russian International Investment Bank to Budapest, ensure that Hungary’s ‘golden visas’ are not used to evade U.S. sanctions, and address document security problems to ensure the integrity of the visa waiver program. In addition, the president must prioritize meaningful democratic change in Hungary and encourage the Hungarian Government to repeal the 2017 and 2018 laws curtailing freedom of speech, assembly, and association.” U.S. authorities have identified at least 85 criminals who fraudulently obtained Hungarian passports to enter or attempt to enter the United States. At an April 2019 Helsinki Commission briefing, Dalibor Rohac of the American Enterprise Institute noted that the chairman of the International Investment Bank has long-standing ties to Russian intelligence agencies, raising concerns that the relocation of the bank from Moscow to Budapest could provide a platform for intelligence-gathering operations against U.S. allies. In April, U.S. Special Representative to Ukraine Kurt Volker visited Budapest and urged Hungary to end its anti-Ukraine policy in NATO. In February, during a visit to Slovakia, Hungary, and Poland, U.S. Secretary of State Mike Pompeo said, “Every nation that raises its voice for liberty and democracy matters, whether that’s a country that’s as big as the United States and with as large an economy as we have in America, or a smaller country. They’re each valuable. Each time one falls, each time a country – no matter how small – each time it moves away from democracy and moves towards a different system of governance, the capacity for the world to continue to deliver freedom for human beings is diminished. And so I would urge every country, no matter its size . . . to stay focused, maintain its commitment.”
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press release
Helsinki Commission Chairman Condemns Mob Attacks on Roma in Europe
Friday, April 12, 2019WASHINGTON—Following reports of a mob attack against the Roma community and a police station in Gabrovo, Bulgaria, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) today issued the following statement: “I am very disturbed by the increasing frequency of mob attacks on Roma in Europe—most recently in Bulgaria, but also in Italy, France, and the Czech Republic. Governments must do more to counter the corrosive effects of hate-mongering and protect their most vulnerable communities from bias-motivated crimes. “The violence in Bulgaria is particularly concerning. As they say in the horror movies, ‘the call is coming from inside your house.’ An attack on a government institution like a police station is an attack on democracy itself.” Reports indicate that earlier this week, an anti-Roma group attacked the police station in Gabrovo when officers refused to turn over three Roma to the mob following an altercation at a local shop. Some Romaní homes were subsequently destroyed. The attack comes on the heels of recent anti-Roma rhetoric at the highest levels of the Government of Bulgaria. In February, Bulgarian Defense Minister and Deputy Prime Minister Krasimir Karakachanov proposed offering free abortions to limit the Roma birthrate. In early April, a mob attacked 70 Roma, including children, in a suburb of Rome, Italy. Prosecutors have opened an investigation into the attack. Similar attacks on Roma in the town of Dvorec in the Czech Republic forced a Romani family to leave the area. Three Romani children were subsequently attacked in the Czech village of Lipník nad Bečvou. In France in late March, false kidnapping accusations against Roma circulated on social media were associated with gang attacks on Roma in France. Local police issued statements to quell the disinformation.
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briefing
Developments in Hungary
Tuesday, April 09, 2019At this Helsinki Commission briefing, Susan Corke, Senior Fellow and Director of the Transatlantic Democracy Working Group at the German Marshall Fund; Melissa Hooper, Director of Human Rights and Civil Society at Human Rights First; and Dalibor Rohac, Research Fellow at the American Enterprise Institute explored recent developments in Hungary, including issues related to the rule of law and corruption. “Every nation that raises its voice for liberty and democracy matters, whether that’s a country that’s as big as the United States and with as large an economy as we have in America, or a smaller country. They’re each valuable. Each time one falls, each time a country – no matter how small – each time it moves away from democracy and moves towards a different system of governance, the capacity for the world to continue to deliver freedom for human beings is diminished. And so I would urge every country, no matter its size . . . to stay focused, maintain its commitment.” – Secretary of State Michael R. Pompeo, February 12, 2019 Mr. Rohac discussed Hungary’s measurable decline on various indicators of good governance and the rule of law; patterns of politically organized corruption; and the implications of developments in Hungary for the United States. He observed that Hungary has experienced a steady erosion of freedom, the rule of law, and quality of governance according to virtually any indicator, including the assessments of the World Bank, the Heritage Foundation, and the Cato Institute. He noted that the Heritage Foundation’s index of economic freedom places the protection of property rights in Hungary in the mostly unfree territory. This stems in part from the seizure of pension fund assets as well as the concentration of ownership in the hands of Fidesz-connected oligarchs. The same index notes a marked decline in government integrity measures, placing Hungary into the oppressed territory on those sub- indices, with a score dramatically worse than in 2009. While Mr. Rohac observed that corruption is a problem across central Europe and across post-communist countries, Hungary’s case is notable for the extent to which corruption has been embedded into the political system, centralized, connected to the ruling party, and has served as a mechanism of political patronage and political mobilization. “[T]here is something special about the nexus of legal patronage and graft and authoritarianism. The two cannot be separated.” Panelists also described something of a paradox. On the one hand, the Orban government has exploited EU funds to build its corrupt oligarchy. Tax and procurement-related irregularities have been cited by the EU anti-corruption agency OLAF as the source of millions in suspect deals involving Orban’s family and friends, many of which also involve Russian state actors. On the other hand, the EU – precisely because it is not a federal government but depends on the consent of the EU member states – has limited ability to rein in this corruption and hybrid forms of governance. Mr. Rohac asserted that this embrace of crony authoritarianism by Hungary is a direct threat to U.S. interests in the region as well as to the West’s interests more broadly. He rejected the notion that competing for positive influence in the region means we should not hold our allies to high standards. He suggested that such a view is enormously detrimental because it’s precisely the authoritarianism, the graft, and the cronyism that opens the way for foreign revisionist powers to enter Hungary and influence the country, pulling it away from the West. “The U.S. stood by Central European nations as they liberated themselves from communism in the 1990s, in the 90s when they joined the ranks of self-governing free nations of the West,” he observed. “The idea that the U.S. should now either be silent or cheerleader for policies that are now driving Hungary away from the West strikes me as a particularly misguided one.” Ms. Corke described the concerns about trends in Hungary and other countries in the Euro-Atlantic region which led to the formation of a bipartisan group, the Transatlantic Democracy Group, focused on democratic erosion and the need for U.S. leadership. She joined with 70 signers for NATO’s 70th anniversary on a declaration to reaffirm commitment to democracy. Ms. Corke is sometimes asked, “why is your group so concerned about Hungary? It’s a small country. Why are you so concerned about Central European University?” She observed that Central European University is a joint American-Hungarian institution and Victor Orban’s campaign against it is a highly symbolic move against a vital institution founded to promote the transatlantic values of democracy, openness, and equality of opportunity and was therefore a direct challenge to the United States. She concluded that Moscow is using Hungary and other NATO members as backdoors of influence, and that Hungary’s centralized, top-down state has enabled an increasingly centralized, top-down system of corruption. Ms. Corke also suggested that a lesson learned from recent developments in the region is that transparency is a necessary, but alone insufficient, condition to fight corruption. She asserted that the concept of a linear progression of democracy is outdated and new approaches to supporting civil society are needed. In addition, Ms. Hooper stated that while the Obama-era policy of limited high-level engagement precluded some of the Hungarian government’s controversial actions, it did not appear to motivate fundamental change. The Trump-era policy of transactional engagement devoid of values has fared no better, she said, and the U.S. should therefore re-examine its policy toward Hungary. First, the United States should reinvest in democracy promotion. Second, the United States should announce publicly that it is reintroducing support for civil society in the region, and specifically in Hungary, due to a decline in the government’s ability to or interest in protecting democratic institutions. Third, Congress should be more vocal and pointed in expressing its concern and even alarm in Hungary’s antidemocratic movement and should support for individuals such as journalists or other members of watchdog organizations that are targeted by government campaigns or blacklists. Finally, the United States should not shy away from applying targeted sanctions, such as the Global Magnitsky law, when clear lines are crossed. When visa bans were used against some officials in 2014, they had an impact in Hungary. Background materials available for the briefing included panelist biographies; Department of State materials including statements by Secretary Michael Pompeo and U.S. Ambassador to Hungary David Cornstein; recent Helsinki commission statements and publications; and the United States Holocaust Memorial Museum FAQs on the Holocaust in Hungary.
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press release
Hastings, Wicker, Watkins, and Cardin Introduce Resolutions Celebrating Romani American Heritage
Friday, April 05, 2019WASHINGTON—Ahead of International Roma Day on April 8, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20), Sen. Roger Wicker (MS), Rep. Steve Watkins (KS-02), and Sen. Ben Cardin (MD) introduced resolutions in the U.S. House of Representatives (H.Res.292) and the U.S. Senate (S.Res.141) celebrating Romani American heritage. They issued the following joint statement: “Roma enrich the fabric of our nation. They have been part of every wave of European migration to the United States since the colonial period, tying our country to Europe and building the transatlantic bond. Through this resolution, we celebrate our shared history and applaud the efforts to promote transnational cooperation among Roma at the historic First World Romani Congress on April 8, 1971.” In addition to recognizing and celebrating Romani American heritage and International Roma Day, the resolutions commemorate the 75th anniversary of the destruction of the so-called “Gypsy Family Camp” at Auschwitz when, on August 2-3, 1944, Nazis murdered between 4,200 and 4,300 Romani men, women, and children in gas chambers in a single night. They also commend the U.S. Holocaust Memorial Museum for its critically important role in promoting remembrance of the Holocaust and educating audiences about the genocide of Roma. April 8 is recognized as “International Roma Day” around the world. It celebrates Romani culture and raises awareness of the issues facing Romani people.
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press release
Helsinki Commission Briefing to Explore Recent Developments in Hungary
Tuesday, April 02, 2019WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: DEVELOPMENTS IN HUNGARY Tuesday, April 9, 2019 10:00 a.m. Longworth House Office Building Room 1539 Live Webcast: www.facebook.com/HelsinkiCommission At this Helsinki Commission briefing, panelists will explore recent developments in Hungary, including issues related to the rule of law and corruption. The following panelists are scheduled to participate: Susan Corke, Senior Fellow and Director, Transatlantic Democracy Working Group, German Marshall Fund Melissa Hooper, Director of Human Rights and Civil Society, Human Rights First Dalibor Rohac, Research Fellow, American Enterprise Institute
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press release
Chairman Hastings Welcomes Release of Country Reports on Human Rights
Thursday, March 14, 2019WASHINGTON—Following yesterday’s release by the State Department of the Country Reports on Human Rights Practices for 2018, Helsinki Commission Chair Rep. Alcee L. Hastings (FL-20) issued the following statement: “I welcome the release of this year’s Country Reports on Human Rights Practices. These reports, mandated by law and prepared by the Department of State, exemplify Congress’ intent to keep human rights front and center in U.S. foreign policy. As members of Congress consider foreign assistance and military aid, as we build alliances and take the measure of our foes, these reports help ensure that democracy and fundamental freedoms are given full consideration.” The annual Country Reports on Human Rights Practices cover internationally recognized individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights and other international agreements. The State Department must submit these reports to Congress on an annual basis, in accordance with the Foreign Assistance Act of 1961 and the Trade Act of 1974, which require that U.S. foreign and trade policy take into account countries’ performance in the areas of human rights and workers’ rights.
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press release
Jackson Lee and Hudson Introduce Legislation to Fight Illicit Tobacco Trade
Friday, March 08, 2019WASHINGTON—Representatives Sheila Jackson Lee (TX-18) and Richard Hudson (NC-08) today introduced the Combating the Illicit Trade in Tobacco Products Act (CITTPA) in the House of Representatives. Both Rep. Jackson Lee and Rep. Hudson serve on ad hoc committees of the OSCE Parliamentary Assembly, which facilitates interparliamentary dialogue to advance human rights, military security, and economic cooperation in Europe, Central Asia, and North America. “The illicit trade in tobacco underpins some of the gravest transnational threats to the United States and our allies. Illicit tobacco trafficking is not a victimless offense; it facilitates other, more heinous crimes including money laundering and trafficking in weapons, drugs, antiquities, diamonds, counterfeit goods, and—worst of all—human beings,” said Rep. Jackson Lee. “Cigarette smuggling is not just an economic issue, it’s a public safety issue. Illegal cigarettes help finance organized crime and terrorism. Smuggled cigarettes are also more likely to end up in the hands of children and teens. The Combatting the Illicit Trade in Tobacco Products Act will give the United States better tools and more information to combat this dangerous activity,” said Rep. Hudson. The Combatting the Illicit Trade in Tobacco Products Act (CITTPA) would improve the U.S. Government’s ability to identify and deter those engaging in the trade of illicit tobacco. The bill would: Provide better information on countries involved with the illicit tobacco trade. The legislation requires the U.S. Secretary of State to report annually on which countries are determined to be a major source of illicit tobacco products or their components, and identify which foreign governments are actively engaged and knowingly profiting from this illicit trade. Enable the United States to deter countries involved in the illicit trade in tobacco, and better assist its allies. The bill grants the U.S. Secretary of State the ability to withhold U.S. foreign assistance from those countries knowingly profiting from the illicit trade in tobacco or its activities. In countries where the government is working to stop these trafficking efforts, the Secretary of State would be able to provide assistance for law enforcement training and investigative capacity. Help the United States target individuals assisting in the illicit tobacco trade. It authorizes the President of the United States to impose economic sanctions and travel restrictions on any foreign individual found to be engaged in the illicit tobacco trade, and requires the president to submit a list of those individuals to Congress. The Helsinki Commission organizes U.S. delegations to OSCE PA annual sessions and other meetings, as well as official delegations to participating States and other OSCE meetings to address democratic, economic, security, and human rights developments. The commission also convenes public hearings and briefings with expert witnesses on OSCE-related issues. In July 2017, the Helsinki Commission held a hearing on illicit trade in tobacco products, which included testimony from the academic community, the public health advocacy community, and industry.
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press release
Chairman Hastings Marks One-Year Anniversary of Jan Kuciak’s Murder
Thursday, February 21, 2019WASHINGTON—On the one-year anniversary of the murder of Slovak investigative journalist Jan Kuciak and his fiancée, Martina Kusnirova, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “I support and applaud the people of Slovakia who have courageously demonstrated their unwavering support for democracy in the aftermath of this terrible double murder. They have been a stirring example to those citizens across the OSCE region who are fighting to protect a free and independent press. “Whenever journalists are murdered or attacked, there must be a credible investigation and meaningful accountability. The ability of journalists to report the news is nothing less than the right of every person to know the facts and make informed decisions about the issues affecting their lives.” On February 21, 2018, 27-year-old Jan Kuciak and his fiancée, Martina Kusnirova, were shot to death in Kuciak’s apartment. The murder shocked the country and sparked the largest public protests since the 1989 Velvet Revolution. The wave of demonstrations eventually led the Prime Minister, Minister of Interior, and other senior officials to resign. Four people have been arrested in direct connection with the case and the investigation is ongoing. In 2017 and 2018, several other journalists investigating public corruption in Europe and Eurasia were murdered for their work. In a May 2018 briefing, the Helsinki Commission examined the assassinations of investigative journalists throughout Europe and Eurasia—including Kuciak and Daphne Caruana Galizia of Malta—why they are targeted, and how future murders can be prevented. At the most recent OSCE Ministerial Council meeting, in December 2018, the participating States expressed particular concern about the climate of impunity that prevails when violent attacks committed against journalists remain unpunished.
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briefing
Asset Recovery in Eurasia
Wednesday, February 13, 2019Asset recovery—the process of repatriating funds previously stolen by corrupt officials—remains one of the most contentious points in the fight against transnational corruption. Though only a small percentage of stolen funds are ever recovered, major questions exist about the best ways to ensure that repatriated funds don’t simply reenter the same patronage cycle from which they came. This briefing explored approaches to repatriation in Armenia, Ukraine, and Kazakhstan. Panelists discussed best practices and challenges in asset recovery as well as appropriate policy responses, both by the state in question and the international community, and compared the respective approaches of the three countries. Brian Earl, who worked the Pavlo Lazarenko case for years as a detective in the FBI, spoke of uncovering massive amounts of unexplained assets that were initially generated by fraudulent schemes in Ukraine but were scattered abroad. Earl underscored the importance of a multiparty investigation between authorities from the United States, Ukraine, and Switzerland in unearthing evidence of fraud against Lazarenko. Joint investigative liberty and resources were crucial to asset recovery efforts in the 1990s—resources he said were drastically reduced once attention was turned away from investigating capital flight from former Soviet states to antiterrorism efforts after the September 11 attacks. Professor Kristian Lasslet of Ulster University asked the question of what to do with restituted assets when the government to which the asset belongs may be part of the corruption scheme. Lasslet cited the example of Kazakhstan Two, in which seized assets flowed back into questionable hands by bungled efforts from the World Bank and the Swiss government. He contrasted the case with Kazakhstan One, in which asset recovery was handled well at arm’s length of parties that may be interested in funneling assets back into the cycle of fraud. Sona Ayvazyan of Transparency International Armenia offered optimism in the Armenian government’s renewed approach toward transparency and anticorruption efforts but warned of the serious lack of capacity on asset recovery infrastructure. Though the leadership may be serious about removing corruption, she spoke of a discredited judiciary that poses serious problems for Armenia’s future anticorruption policies. According to Karen Greenaway from the FBI (ret.), civil society and non-governmental societies must reassert their role in the conversation on asset recovery. She highlighted the severe lack in bureaucratic infrastructure for asset recovery in many nations afflicted with corruption—particularly Ukraine. The paradox, she asserted, was between the structure of corruption, which is designed to dissipate large quantities of money very rapidly, and the system to repatriate those assets, which is painfully slow and often lacking in resources.
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press release
Helsinki Commission Briefing to Focus on Asset Recovery In Eurasia
Wednesday, February 06, 2019WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: ASSET RECOVERY IN EURASIA Repatriation or Repay the Patron? Wednesday, February 13, 2019 10:00 a.m. Dirksen Senate Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission Asset recovery—the process of repatriating funds previously stolen by corrupt officials—remains one of the most contentious points in the fight against transnational corruption. Though only a small percentage of stolen funds are ever recovered, major questions exist about the best ways to ensure that repatriated funds don’t simply reenter the same patronage cycle from which they came. Is it possible to ensure that recovered assets actually serve the people from whom they have been stolen? This briefing will explore approaches to repatriation in Armenia, Ukraine, and Kazakhstan. Panelists will discuss best practices and challenges in asset recovery as well as appropriate policy responses, both by the state in question and the international community, and compare the respective approaches of the three countries. The following panelists are scheduled to participate: Sona Ayvazyan, Executive Director, Transparency International Armenia Bryan Earl, Retired Supervisory Special Agent/Assistant General Counsel, Federal Bureau of Investigation Karen Greenaway, Retired Supervisory Special Agent, Federal Bureau of Investigation Kristian Lasslett, Professor of Criminology and Head of School, Ulster University
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press release
Whitehouse, Wicker, Jackson Lee, Burgess Introduce Rodchenkov Act
Tuesday, January 29, 2019WASHINGTON—One week after the World Anti-Doping Agency (WADA) failed to suspend the Russian Anti-Doping Agency (RUSADA) for missing a crucial December 31, 2018, deadline, Senators Sheldon Whitehouse (RI) and Roger Wicker (MS) and Representatives Sheila Jackson Lee (TX-18) and Michael Burgess (TX-26) today introduced in the Senate and the House the Rodchenkov Anti-Doping Act. The legislation, originally introduced in the 115th Congress, would criminalize international doping fraud conspiracies. “We know from experience that we must meet the bad behavior of Russia’s corrupt government with strength. Anything less they take as encouragement,” said Senator Whitehouse. “That’s why the responses of WADA and the International Olympic Committee to the Russian doping scandal fall woefully short. Now is the time to create stiff penalties for Russia’s cheating and send a signal that Russia and other sponsors of state-directed fraud can’t use corruption as a tool of foreign policy.” “Without Dr. Rodchenkov’s courage, we would still be in the dark about the extent of Russia’s doping fraud. He is now in hiding, fearing that Russian thugs may one day come for him as they did Sergei Skripal in London. Whistleblowers should not be forced to live this way. Dr. Rodchenkov and those other brave individuals who reveal the crimes of authoritarian regimes deserve better,” said Senator Wicker. “Russia’s full-throated defiance of international norms and standards undermines the rule of law and demands the strongest of responses. The Putin regime uses strategic corruption to destabilize peaceful civil society, democratic institutions, and the alliances that have been the foundation of transatlantic peace and prosperity for the past 70-plus years. This long overdue bill would define doping for what it is: fraud. Never again should Russia or any other authoritarian state believe that there will be no legal consequences for committing doping fraud conspiracies,” said Representative Jackson Lee. “WADA’s most recent decision to give Russia a free pass clearly conveys that leaders of international sport governance refuse to uphold the integrity of sport. The current framework has proven ineffective and fundamentally unfit to defend clean athletes and prevent doping fraud. Russia’s state-sponsored doping scandal not only caused damages to clean international athletes, but also resulted in harm to its own athletes. It is time to restore a level playing field by ensuring that the rights of U.S. and all clean athletes are respected. RADA will keep fraud away from competitions that touch the U.S. market and interests, and protect our athletes,” said Representative Burgess. The Rodchenkov Anti-Doping Act will: Establish criminal penalties for participating in a scheme in commerce to influence a major international sport competition through prohibited substances or methods. This section applies to all major international sport competitions in which U.S. athletes participate, and where organizing entities receive sponsorship from companies doing business in the United States or are compensated for the right to broadcast their competition there, so that international fraud against Americans will not go unpunished. Penalties will include fines of up to $1,000,000, or imprisonment of up to ten years, depending on the offense. Provide restitution to victims of such conspiracies. Athletes and other persons who are victims of major international doping fraud conspiracies shall be entitled to mandatory restitution for losses inflicted upon them by fraudsters and conspirators. Protect whistleblowers from retaliation. By criminalizing participation in a major international doping fraud conspiracy, whistleblowers will be included under existing witness and informant protection laws. Establish coordination and sharing of information with the United States Anti-Doping Agency. Federal agencies involved in the fight against doping shall coordinate and share information with USADA, whose mission is to preserve the integrity of competition, inspire true sport, and protect the rights of athletes, to enhance their collective efforts to curb doping fraud. Senators Ben Cardin (MD) and Marco Rubio (FL) are original cosponsors of the bill in the Senate. Original cosponsors in the House include Representatives Steve Cohen (TN-09), Richard Hudson (NC-08), Diana DeGette (CO-01), Peter King (NY-03), Alcee Hastings (FL-20), Billy Long (MO-07), Hank Johnson (GA-04), Chris Smith (NJ-04), Gwen Moore (WI-04), Bobby Rush (IL-01), and Paul Tonko (NY-20). In 2016, Dr. Rodchenkov exposed the Russian state-sponsored doping scandal that took place during the 2014 Sochi Olympics. By deceiving international anti-doping authorities and swapping athletes’ samples, Russian officials cheated U.S. athletes out of Olympic glory and U.S. corporations out of honest sponsorships. These corrupt officials used bribes and illicit payments, sometimes through U.S. financial institutions, to commit this fraud. Unfortunately, the masterminds behind the Russian sports doping operation escaped punishment for their actions because there was no U.S. legal mechanism to bring them to justice. In February 2018, the Helsinki Commission held a briefing featuring Dr. Rodchenkov’s attorney, Jim Walden, on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions. In March, Commissioners Senators Cardin and Cory Gardner (R-CO) and Representative Jackson Lee met with Dr. Rodchenkov to discuss the threat posed by Russia to the United States, corruption in international sports bodies, and how the United States can contribute to the international effort to counter doping fraud. In July, the Helsinki Commission held a hearing that explored the interplay between doping fraud and globalized corruption and U.S. policy responses, including the Rodchenkov Anti-Doping Act. In October 2018, the U.S. Department of Justice indicted seven individuals for involvement in a Russian-operated military intelligence program in which GRU officers are alleged to have conducted sophisticated hacking of U.S. and international anti-doping agencies who investigated and publicly condemned Russia’s state-sponsored doping program. The hacking victims also included 230 athletes from approximately 30 countries. The operation was part of a disinformation campaign in which victims’ personal email communications and individual medical and drug testing information, sometimes modified from its original form, was used to actively promote media coverage to further a narrative favorable to the Russian government.
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press release
Senators Whitehouse and Hatch Introduce Rodchenkov Anti-Doping Act
Wednesday, December 19, 2018WASHINGTON—Helsinki Commissioner Sen. Sheldon Whitehouse (RI) and Sen. Orrin Hatch (UT) today introduced the Rodchenkov Anti-Doping Act. Named for Russian whistleblower Dr. Grigory Rodchenkov, the bipartisan legislation establishes criminal penalties on individuals involved in doping fraud conspiracies affecting major international competitions. Earlier this year, Helsinki Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) introduced the Rodchenkov Anti-Doping Act in the House of Representatives. “To remain a ‘city on a hill,’ America must hold the crooked and corrupt accountable whenever we can. That means forcefully confronting Russia’s use of corruption as a tool of foreign policy,” said Sen. Whitehouse. “In the face of certain retaliation, Dr. Rodchenkov revealed sweeping Russian state-sponsored doping. This bill would create consequences for Russia’s cheating, and send a strong signal that Russia and other sponsors of state-directed fraud and corruption no longer enjoy impunity.” “For too long, internationally agreed upon anti-doping rules have been broken with impunity. Athletes have been defrauded by coordinated, and in some cases state-sponsored, doping fraud schemes that call into question the integrity and fairness central to all competitions,” said Senator Hatch. “This bill is a long overdue step to deter and punish individuals and state actors who would attempt to defraud international competitions through doping.” In 2016, Dr. Rodchenkov exposed the Russian state-sponsored doping scandal that took place during the 2014 Sochi Olympics. By deceiving international anti-doping authorities and swapping athletes’ samples, Russian officials cheated U.S. athletes out of Olympic glory and U.S. corporations out of honest sponsorships. These corrupt officials used bribes and illicit payments, sometimes through U.S. financial institutions, to commit this fraud. Unfortunately, the masterminds behind the Russian sports doping operation escaped punishment for their actions because there was no U.S. legal mechanism to bring them to justice. With the recent decision of the World Anti-Doping Agency to reinstate the Russian Anti-Doping Agency, the matter now appears closed at the international level with no meaningful consequences for the Russian regime or the officials who perpetrated the scheme. The Rodchenkov Anti-Doping Act will: Establish criminal penalties for participating in a scheme in commerce to influence a major international sport competition through prohibited substances or methods. This section applies to all major international sport competitions in which U.S. athletes participate, and where organizing entities receive sponsorship from companies doing business in the United States or are compensated for the right to broadcast their competition there, so that international fraud against Americans will not go unpunished. Penalties will include fines of up to $1,000,000, or imprisonment of up to ten years, depending on the offense. Provide restitution to victims of such conspiracies. Athletes and other persons who are victims of major international doping fraud conspiracies shall be entitled to mandatory restitution for losses inflicted upon them by fraudsters and conspirators. Protect whistleblowers from retaliation. By criminalizing participation in a major international doping fraud conspiracy, whistleblowers will be included under existing witness and informant protection laws. Establish coordination and sharing of information with the United States Anti-Doping Agency. Federal agencies involved in the fight against doping shall coordinate and share information with USADA, whose mission is to preserve the integrity of competition, inspire true sport, and protect the rights of athletes, to enhance their collective efforts to curb doping fraud. “I am humbled and honored to see the introduction of the Rodchenkov Anti-Doping Act in the Senate today,” said Dr. Rodchenkov. “I would like to express my deepest gratitude to Sen. Whitehouse, Sen. Hatch, and the Helsinki Commission for their courage and leadership in the protection of whistleblowers who come forward to speak the truth. I believe that this legislation holds the promise to finally protect athletes and international competitions from and corruption and interference that we see continues today. This broad support from Congress is vital to our fight for justice and fairness in the international arena of sport.” In February 2018, the Helsinki Commission held a briefing featuring Dr. Rodchenkov’s attorney, Jim Walden, on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions. In March, Commissioners Sen. Ben Cardin (MD), Sen. Cory Gardner (CO), and Rep. Jackson Lee met with Dr. Rodchenkov to discuss the threat posed by Russia to the United States, corruption in international sports bodies, and how the United States can contribute to the international effort to counter doping fraud. In July, the Helsinki Commission held a hearing that explored the interplay between doping fraud and globalized corruption and U.S. policy responses, including the Rodchenkov Anti-Doping Act. In October, the U.S. Department of Justice indicted seven individuals for involvement in a Russian-operated military intelligence program in which GRU officers are alleged to have conducted sophisticated hacking of U.S. and international anti-doping agencies who investigated and publicly condemned Russia’s state-sponsored doping program. The hacking victims also included 230 athletes from approximately 30 countries. The operation was part of a disinformation campaign in which victims’ personal email communications and individual medical and drug testing information, sometimes modified from its original form, was used to actively promote media coverage to further a narrative favorable to the Russian government.
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briefing
All Bets Are Off
Tuesday, December 04, 2018Corruption—including bribery, doping fraud, and match-fixing—permeates international sport. Despite a 2015 FBI investigation into the Fédération Internationale de Football Association (FIFA) that indicted more than twenty-five top FIFA officials and associates for alleged decades-long racketeering, wire fraud, and money laundering, international sport governance bodies remain compromised and U.S. athletes remain vulnerable. Corruption in sport has become an even more pressing concern following the U.S. Supreme Court’s May 14 decision declaring the Amateur Sports Protection Act unconstitutional, unleashing a sports gambling industry in the United States potentially valued at $400 billion. This lucrative and unregulated market may now be susceptible to the same globalized corruption that has come to define international sport. Panelists provided their insights into the structure of international sport, the globalization of sports gambling, and how to protect American sport from the corruption that has swept over the rest of the world.
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press release
Corruption in Sport Focus of Upcoming Helsinki Commission Briefing
Thursday, November 29, 2018WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: ALL BETS ARE OFF Gambling, Match-Fixing, and Corruption in Sport Tuesday, December 4, 2018 11:30 a.m. Russell Senate Office Building Room 188 Live Webcast: www.facebook.com/HelsinkiCommission Corruption—including bribery, doping fraud, and match-fixing—permeates international sport. Despite a 2015 FBI investigation into the Fédération Internationale de Football Association (FIFA) that indicted more than twenty-five top FIFA officials and associates for alleged decades-long racketeering, wire fraud, and money laundering, international sport governance bodies remain compromised and U.S. athletes remain vulnerable. Corruption in sport has become an even more pressing concern following the U.S. Supreme Court’s May 14 decision declaring the Amateur Sports Protection Act unconstitutional, unleashing a sports gambling industry in the United States potentially valued at $400 billion. This lucrative and unregulated market may now be susceptible to the same globalized corruption that has come to define international sport. Panelists will provide their insights into the structure of international sport, the globalization of sports gambling, and how to protect American sport from the corruption that has swept over the rest of the world. The following panelists are scheduled to participate: Declan Hill, Professor of Investigations, University of New Haven David Larkin, U.S. lawyer; co-founder of ChangeFIFA Marko Stanovic, Balkan-based former match-fixer Alexandra Wrage, President and CEO, TRACE International; former member of FIFA’s failed Independent Governance Committee
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briefing
Lies, Bots, and Social Media
Thursday, November 29, 2018From the latest revelations about Facebook to ongoing concerns over the integrity of online information, the U.S. public has never been more vulnerable or exposed to computational propaganda: the threat posed by sophisticated botnets able to post, comment on, and influence social media and other web outlets to generate a desired outcome or simply sow distrust and disorder. What can be done to confront and defeat these malevolent actors before they dominate civil discourse on the Internet? One possibility is the use of algorithmic signal reading which displays for users the geographic origin of a given post. Another answer may lie in improving how websites like Facebook curate their content, so the user can make more informed choices. At this Helsinki Commission briefing, distinguished experts examined the implications of computational propaganda on national and international politics and explored options available to Congress and the private sector to confront and negate its pernicious influence.
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press release
Helsinki Commission Briefing to Examine Computational Propaganda
Monday, November 26, 2018WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: LIES, BOTS, AND SOCIAL MEDIA What is Computational Propaganda and How Do We Defeat It? Thursday, November 29, 2018 10:30 a.m. Senate Dirksen Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission From the latest revelations about Facebook to ongoing concerns over the integrity of online information, the U.S. public has never been more vulnerable or exposed to computational propaganda: the threat posed by sophisticated botnets able to post, comment on, and influence social media and other web outlets to generate a desired outcome or simply sow distrust and disorder. What can be done to confront and defeat these malevolent actors before they dominate civil discourse on the Internet? One possibility is the use of algorithmic signal reading which displays for users the geographic origin of a given post. Another answer may lie in improving how websites like Facebook curate their content, so the user can make more informed choices. At this Helsinki Commission briefing, distinguished experts will examine the implications of computational propaganda on national and international politics and explore options available to Congress and the private sector to confront and negate its pernicious influence. Expert panelists scheduled to participate include: Matt Chessen, Acting Deputy Science and Technology Advisor to the Secretary of State, U.S. Department of State Karen Kornbluh, Senior Fellow and Director, Technology Policy Program, The German Marshall Fund of the United States Nina Jankowicz, Global Fellow at the Woodrow Wilson International Center for Scholars' Kennan Institute
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article
Interview with Georgia Holmer, Senior Adviser for Anti-Terrorism Issues, Organization for Security and Cooperation in Europe
Tuesday, November 20, 2018By Yena Seo, Communications Fellow Georgia Holmer, an expert on counterterrorism policy, recently visited the Helsinki Commission offices to discuss her portfolio at the Anti-Terrorism Issues Unit in the Transnational Threat Department at the OSCE Secretariat. At the OSCE, she oversees policy support and capacity building work on preventing and countering violent extremism and radicalization that lead to terrorism (VERLT). Ms. Holmer gave a short interview on her position at the OSCE and explained why she sees a human-rights based approach to counterterrorism to be critical. Holmer, who has worked on counterterrorism issues for over 20 years, observed that she “lived through an evolution in the U.S. government’s approach to terrorism that was quite extraordinary.” After spending 10 years as a terrorism analyst for the FBI, Holmer helped build analytic capacity at the Department of Homeland Security and taught classes on understanding radicalization. Later she directed the Countering Violent Extremism (CVE) program at the United States Institute of Peace, where she helped develop a strategic approach to violent extremism that harnessed peacebuilding tools. “We went from approaching terrorism as a security threat in which operations needed to be disrupted to realizing that there also had to be something done to prevent people from joining these groups and movements in the first place,” Holmer explained. “Not only did we begin to understand and address the root causes of terrorism but increasingly there was a realization that repressive measures in counterterrorism could actually exacerbate the problem. Upholding human rights as part of the effort to counter terrorism is necessary and can contribute to preventing violence in the long term.” Holmer acknowledged some of the pitfalls and counterproductive measures to be avoided in counterterrorism: a lack of due process and clear legislation, abusive treatment in detention facilities, and stigma and censorship against certain religious and ethnic groups can also fuel terrorist agendas and draw more people to violent extremism. These ideas led Holmer to pursue a degree mid-career in international human rights law at Oxford University. In 2017, Holmer was offered a position at the OSCE, and was drawn to its comprehensive approach to security. “I thought, here is a chance to work for an organization that had both a counterterrorism mandate and a human rights mandate. I think it’s a necessary marriage.” She sees the work she does in the prevention of VERLT to be directly relevant to human rights. “Programs to prevent radicalization that leads to terrorism not only ensure security, but they also help build more inclusive, resilient and engaged communities. This can also be understood inversely – upholding human rights is a pathway to preventing terrorism.” Holmer was further drawn to the OSCE because of its operational focus, pointing to the organization’s robust field operations presence. She stressed that the organization’s “on-the-ground presence” – particularly in the Western Balkans and Central Asia – allows it to develop close working relationships with governments and policymakers, giving it “a different level of reach.” For example, OSCE field missions in Dushanbe and Skopje have helped to convene stakeholders for important discussions, coordinate funders, and organize external partners for project implementation. Holmer considers the OSCE’s structure a strength when it comes to countering violent extremism. Holmer explained that because the OSCE is a political organization, its structure and activities invite states and other stakeholders to exchange ideas frankly. The OSCE’s annual counterterrorism conferences allow participating States to share opinions in a productive and meaningful manner. The OSCE frequently convenes policy makers and practitioners from its participating States to discuss measures to prevent radicalization leading to terrorism. Various seminars, workshops, and conferences have introduced concepts of prevention and helped advance the role of civil society in countering violent extremism. Holmer observed that while there is no “one-size-fits-all solution,” the organization regularly emphasizes the sharing and implementation of good practices. She also added that sharing good practices is only effective when efforts are made to tailor responses and approaches to a specific context. Measures to prevent need to incorporate an understanding of the nature of the threat in any given environment. She said the ways that individuals radicalize and the dynamics that influence people to become engaged in violent extremism differ. “What works in a rural village in Bosnia-Herzegovina versus what might work in Tajikistan might be completely different.” Holmer believes that through her role as Senior Adviser, she can continue working with member states to pursue “good practices” in the prevention of VERLT and support anti-terrorism within a human rights framework. “The aim of our work at the OSCE is to support participating states with the tools, the policy and legal frameworks they need to address these complicated challenges.” For more information, contact Alex Tiersky, Senior Policy Advisor for Global Security and Political-Military Affairs.
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article
First Person: Faces of Ukraine
Monday, November 19, 2018By Rachel Bauman, Policy Advisor In the ongoing war in Donbas, now entering its fifth year, most of the people on the front lines—in some cases, literally—of Ukraine’s struggle for democracy and sovereignty go unnoticed. Minorities like Roma also often have special challenges that must be comprehensively addressed in Ukraine as well as Europe more broadly. To meet some of these Ukrainians and hear their stories firsthand, I, along with my colleagues Mark Toner and Alex Tiersky and Dr. Cory Welt of the Congressional Research Service, traveled to Ukraine to gain a more nuanced understanding of war, politics, and everyday life in Ukraine. We were up before dawn for our first working day in Ukraine to make our way from the Kiev train station to Kramatorsk, a small industrial city in Donetsk Oblast that was briefly occupied by Russian-led forces in the early days of Russia’s war against Ukraine. Kramatorsk and its surrounding regions are home to many internally displaced persons (IDPs) forced out of their homes by frequent shelling along the contact line separating Ukrainian government-controlled areas and Russian-occupied territories. Our first meeting that day vividly illustrated the destruction this senseless war has unleashed on the lives of average Ukrainians. Together with representatives of the International Organization for Migration (IOM), which receives generous support from the U.S. Government, and U.S. Ambassador to Ukraine Marie Yovanovitch, we heard stories of struggle, tragedy, and resilience from some recipients of this aid. One man told us that the cash-based assistance he received helped him make vital repairs to his car and house and buy clothing and food for his six children. Two sisters expressed their gratitude for the small business grant they received, which allowed them to start anew when they realized they could not return to their home in Horlivka. A tearful single mother recounted her struggle to subsist after her house was destroyed. Another woman described the terrible nights spent in her basement seeking shelter from shelling. All of them talked about the difficulties they faced—from long lines in harsh weather conditions to landmines and shelling—when trying to visit their families and homes on the other side of the contact line. Despite these traumatic and life-altering circumstances, the support of the United States and international and local religious programs have enabled these IDPs to start a new life in another part of Ukraine. Our meeting with IDPs in Kramatorsk, Donetsk Oblast, along with U.S. Ambassador to Ukraine Marie Yovanovitch We learned more about the conditions of IDPs in Kramatorsk from city representatives. The group expressed their concerns about the high rent and limited housing opportunities in Kramatorsk that make it hard for IDPs to live there permanently. Of the 70,000 IDPs registered in Kramatorsk (a city of originally 120,000), only 50 percent live in the city. The other half are registered for benefits but continue to live in their homes along the line of contact or in the occupied zones. Those who live on the Russian-controlled side of the contact line must endure the arduous task of monthly travel to the other side to collect their benefits, including pensions. Crossing the line has become so dangerous and stressful that some of the IDPs we met earlier said that, although they had friends and family on the other side of the contact line, they have stopped trying to cross it. We were as impressed by the resiliency of these displaced people and the NGOs that have sprung up to help them with their legal and humanitarian needs as we were struck by the bleak outlook so many of them have for a peaceful, prosperous future. I also visited a small town about two hours from Kyiv with a sizeable Romani population to hear from the people themselves what it is like to live as a minority group in rural Ukraine. The brisk weather and overcast sky mirrored the gloominess and poverty of the town compared to Kyiv. Since we arrived early, a Romani woman invited us into the small house where she lived with her partner and nine children. She explained that she was having difficulty securing government benefits for her children, who were already living in poverty. She watched over the house and children, and her partner had a chronic disease which rendered him unable to work, so they survived thanks to the charity of several religious organizations and the government payments they received. I heard similar stories about troubled relations with the regional and national governments from other members of the Roma community. We met in the town library, a small, worn-down Soviet relic with no indoor plumbing that also serves as a local government office. A portrait of Ukrainian President Petro Poroshenko and the Ukrainian trident adorned the wall behind the desk in the room. A group of local Roma, some with small children, came in and sat down, speaking among themselves in Russian and Ukrainian. A colleague from the U.S. Embassy and I introduced ourselves and began to ask questions about life for Roma in the town. Everyone in the room insisted that they had no problems with their non-Romani neighbors, but noted that unemployment was a persistent problem; most adults in the group were illiterate or had only an elementary-level education. Women generally tended to the children and the home, and the men foraged for mushrooms and berries or picked through trash for scrap metal and empty bottles. They said that all their school-age children, in spite of their difficult circumstances, were enrolled in the local school. Some mothers complained of discriminatory treatment toward Roma children in schools but emphasized that this meant slightly preferential treatment for non-Roma children rather than outright abuse. They vehemently denied experiencing any incidents of nationalist violence in their isolated village, like those that have occurred in and around larger cities like Lviv and Kyiv. One of the Romani women that we met with invited us into her home, which she shares with her partner and nine children The group became visibly agitated when discussing their relationship with the government and their attempts to receive social services. To receive these services, they need to file a declaration of income; since their incomes are typically irregular, government officials will write in a higher income than exists in reality, affecting their social payments. Those who are illiterate are easily taken advantage of by regional officials (“they laugh at us,” one woman said), and often must sign documents they don’t understand. Demands of some government officials for bribes also impede equitable access to social services for those who cannot afford to pay, one person mentioned. There were mixed responses about healthcare access. One man said that he had been denied hospitalization three times, but most others claimed they had no problems, and all the women who were mothers had given birth in the nearest hospital. The village library where we met with members of the Romani community This group of Roma has a great advocate in the form of Valentyna Zolotarenko, who accompanied us on our visit. She lives in Kyiv and serves as a liaison between Roma communities and the national government, representing their interests with care, understanding, and firmness. Local government has also done a good job of ensuring that members of the Romani community have citizenship papers and proper documentation. A local official who is particularly invested in the community told us upon departing of her personal concern for Roma in her town. “I imagine how it would be if I were the one being treated this way,” she told us in Russian. “I cannot simply do nothing—these people are people just like you and me.” Throughout our trip, we met numerous such people who are invested in the fight for Ukraine’s future, whether through civic activism, politics, or business. We saw victims of a cruel and unnecessary conflict instigated and perpetuated by Russia, but we also saw courage, resilience, and a sense among civil society that there could be no turning back on human rights and other reforms. It was an honor to witness the good work that Ukrainian NGOs, many supported with U.S. assistance, are doing to make a clear difference in the lives of others.
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in the news
The Cold War Is Over, But The OSCE's Value Is Timeless
Wednesday, November 14, 2018History has shown that robust engagement in multilateral arenas represents long-term realism: to lead, we must be involved; to protect our national interests and the principles we hold dear, we must remain engaged; and to inspire those who suffer every day under authoritarian regimes, we must hold our own country to the highest standards on the world stage. Unfortunately, efforts to maintain America’s preeminence in the world have come under increasing pressure in recent years. These challenges are not isolated and are waged on many fronts – economically, militarily, and diplomatically. Some may use these challenges as an excuse to retreat, claiming that engagement in international organizations like the Organization for Security and Cooperation in Europe (OSCE) adds no value. We believe that quite the opposite is true. If we want to continue to lead, protect, and inspire, we need the OSCE’s opportunities for multilateral engagement more than ever. Amid the alphabet soup of institutional acronyms, many Americans probably have not heard of the OSCE, let alone know that it is the largest regional security organization in the world. Comprising 57 countries, it links Vancouver in the West to Vladivostok in the East, spanning North America, Europe, and Central Asia. We are members of the organization’s Parliamentary Assembly, where we have represented our country and our principles in a forum of international lawmakers for a combined 34 years. We have engaged the OSCE, as a whole, even longer. We know firsthand the value of U.S. leadership and sustained high-level engagement in the organization – and conversely, we know the enormous risks that would come with retreat. A Broader Definition of Security The essential, enduring value of the OSCE can be traced back to its founding and the ideological transformation that it quietly unleashed. In the 1950s, the Soviet Union first conceived the idea of the Helsinki Final Act. The founding charter of the Conference on Security and Cooperation in Europe, or CSCE, later institutionalized as today’s OSCE, would eventually be signed in 1975. Moscow saw the document as a way to validate post-World War II border changes and tighten its stranglehold on Eastern Europe. The Kremlin, no doubt, also hoped to create an alternative to NATO and weaken U.S. ties to Europe. As troops massed along the Iron Curtain after the Soviet-led invasion of Czechoslovakia in 1968, Europe began to see some value in greater East-West engagement. The United States saw the Soviet proposal as a damage-mitigation exercise at best. Secretary of State Henry Kissinger famously decried the Helsinki Final Act, saying, “They can write it in Swahili for all I care… The Conference can never end up with a meaningful document.” Opposition to the Helsinki Final Act was not limited to Foggy Bottom. The Wall Street Journal published the editorial “Jerry, Don’t Go” just prior to President Ford’s departure to sign the document in Finland, reflecting widespread opposition from U.S. foreign policy hawks and Americans across the country who descended from the “captive nations” of Eastern Europe. What most observers at the time overlooked, however, was the Helsinki Final Act’s uniquely comprehensive definition of “security.” The Act contains 10 principles guiding inter-state relations, including respect for human rights and fundamental freedoms; respect for sovereign equality; recognition of the territorial integrity of states; and the commitment of states to fulfill in good faith their obligations under international law. The integration of human rights into a concept of security was revolutionary. The Act also provided that any country signatory could publicly challenge any other country that wasn’t living up to Helsinki principles, either internally or externally. This was remarkable for its time. These two innovations made the Act a rallying point for human rights advocates everywhere, especially dissident movements in the one-party communist states of the Soviet bloc. Groups like Charter 77 in Czechoslovakia, Solidarity in Poland, and other monitoring groups in the Soviet Union and Baltic States that were crucial to the eventual collapse of communism in Europe relied on Helsinki commitments in their advocacy. With U.S. leadership, meetings of the CSCE also became venues for frank exchanges, where countries committing human rights abuses were named and victims identified. The strongest weapons in the U.S. arsenal – democratic ideals, market principles, and the primacy of individual rights – rallied European friends and allies, attracted Soviet satellites, and left Moscow isolated, if not fully convinced. Today's Inflection Point We were both serving in the House of Representatives shortly after the Soviet Union collapsed in the early 1990s. We were aware that the transitions ahead would be difficult, particularly as horrific ethnic cleansing spread in the Balkans and a brutal war was waged in Chechnya. Although we were on opposite sides of the aisle, we were joined in our conviction that liberal democracy would ultimately prevail throughout Europe and into Central Asia. Unfortunately, our confidence was dramatically misplaced. Thirty years later, instead of the peace and prosperity we expected in the OSCE region, we are at an inflection point, faced with uncertainty and the increasing erosion of the security framework that followed the Cold War. In recent elections, we’ve watched nationalist parties gain a strong foothold in Europe. NATO ally Turkey – one of the world’s most oppressive regimes toward journalists – is succumbing to authoritarian rule, weakening checks on executive power and targeting more than 100,000 perceived opponents of the ruling party in sweeping purges. Vladimir Putin continues to violate the sovereignty and territorial integrity of not just Ukraine – where, in areas controlled by Russia, pro-Ukrainian sentiment is met with imprisonment, torture, or death – but also Georgia, where Russia has occupied 20 percent of the country’s territory for more than a decade. The Russian government supports separatists in the Transnistrian region of Moldova, interferes in elections in the United States and Europe, and undermines faith in democratic governments worldwide through cyberattacks and information warfare. An era of increasing nationalism, Kremlin revisionism, and rising authoritarianism may not, at first, seem to be the best moment to revitalize multilateral diplomacy. But it has been, and will continue to be, in our national interest to promote democracy, the rule of law, and human rights around the world – just as we did more than 40 years ago in the Finnish capital. Those Helsinki commitments, and their institutionalization over time, empower us to stand up for our values and for comprehensive security at a time in which we absolutely must. In April 2017, we – along with every other senator currently serving on the Helsinki Commission – introduced a resolution urging President Trump to recognize the importance of the Helsinki Final Act and the OSCE as well as their relevance to American national security. We hope the administration will endorse this effort. A Record of Results The value of the OSCE and the effectiveness of American involvement are evident in the organization’s more recent evolution and achievements. This is no Cold War relic. We have seen examples of multilateral success in many initiatives, beginning with its quick embrace of newly independent states, from the Balkans to Eastern Europe and Central Asia. As multiethnic states broke apart, the OSCE created a high commissioner on national minorities in 1992 to address ethnic tensions and proactively prevent conflict between or within states over national minority issues. Participating states developed mechanisms to respond to the most recalcitrant actors, such as the unprecedented suspension of Yugoslavia the same year for the “clear, gross, and uncorrected” violations of Helsinki principles by the regime of Slobodan Milosevic against Bosnia and Herzegovina. Under OSCE auspices, internal political confrontations in Serbia in 1996 and Albania in 1997 were resolved through high-level engagement before they became a broader threat to peace and prosperity in Europe. The United States led the way, generating the political will to act quickly and with resolve. Robust field missions also were created in the 1990s to respond to conflicts, first in the Balkans and then extending into Eastern Europe, the Caucasus, and Central Asia. In some places, such as Kosovo, the OSCE often was the only acceptable international monitor or facilitator on the ground, serving as the eyes and ears of the international community, bringing opposing sides together, and mitigating spillover effects in neighboring countries. Today, the OSCE’s civilian Special Monitoring Mission (SMM) to Ukraine is the only independent observer group in the war zone. Established in 2014 to monitor implementation of the Minsk Agreements, its approximately 700 monitors provide clear and unbiased reporting of ceasefire violations and human costs of the conflict. Approximately half of the U.S. contribution to the OSCE goes toward funding the SMM. The mission faces challenges, including attempts to sabotage its work and concerns about security. The latter was tragically demonstrated by the death of Joseph Stone, a U.S. paramedic killed last year when his vehicle struck a landmine in separatist-controlled territory. Without the SMM’s reporting, however, we would lack critical information to understand and address ongoing Russian aggression against Ukraine. Kremlin propaganda would have a clear field to disguise the true nature and scale of the conflict. The OSCE also sets the gold standard for election observation across the region. The organization’s trained observers partner with international lawmakers, including ourselves, to analyze election-related laws and systems and the effectiveness of their implementation. The evaluations that these missions produce are critical benchmarks for OSCE countries and support U.S. efforts to promote human rights, democracy, and the rule of law around the world. Pressure from the organization and its participating states has been a major factor in the release of political prisoners in countries like Azerbaijan. For example, the OSCE Office for Democratic Institutions and Human Rights, the OSCE Representative on Freedom of the Media, and the OSCE Parliamentary Assembly publicly condemned Baku for its targeting of investigative journalist Khadija Ismayilova and the broader use of its judicial system to repress political opponents, journalists, and minorities. The Helsinki Commission also weighed in. In May 2016, Ismayilova was released from prison. Our actions in this and similar cases demonstrate global leadership. We welcome the recent nomination of a new U.S. permanent representative to the OSCE. This important post has remained vacant for far too long. We urge our Senate colleagues to swiftly consider the nominee, who will be responsible for leading America’s vigorous defense of democracy and human rights in the region. Let us also not overlook the fact that our work in the OSCE in relation to Russia is not simply to counter Moscow’s anti-democratic ambitions. Follow-up meetings to the original Conference on Security and Cooperation in Europe became one of a shrinking number of places where East-West dialogue could take place during the Cold War. Likewise, after Russia was suspended from the G8 in March 2014, today’s OSCE provides one of the few remaining opportunities to engage with Russia and hold the Kremlin accountable to principles it has endorsed. Russian Foreign Minister Sergei Lavrov attends OSCE ministerial meetings, where he easily – and with great success – engages with senior officials from around the region. That alone should encourage our secretary of state to be present. Secretary Tillerson attended the 2017 ministerial, and we urge Secretary Pompeo to do the same. Future Challenges Along with successes, we also have seen areas where multilateralism has fallen short. Areas like Nagorno-Karabakh, Transnistria, Chechnya, Abkhazia, and South Ossetia have consumed OSCE attention and resources, but unfortunately, the organization’s actions have not thawed these frozen conflicts. The OSCE may have kept things from getting worse than they might have been otherwise; this is something to praise, but cannot yet be counted as a win. These efforts have been hindered in part by the otherwise positive requirement that major decisions in the organization require consensus. This rule is vital to the OSCE’s success. The organization can convene all parties on an even footing and – because no country can claim that it didn’t voluntarily agree to its commitments – the rule gives unique force to the OSCE’s actions. However, decision-making by consensus also allows a single intransigent country to wield its veto as a weapon, even in cases of otherwise overwhelming agreement. In 2008, Russia successfully blocked the OSCE from establishing a field mission in Georgia as Russian-backed separatists occupied South Ossetia and Abkhazia. Since then, resistance to hosting or authorizing field missions, a core capability of the OSCE, has spread. Belarus kicked out its OSCE mission in 2011. Azerbaijan forced the mission in Baku to close in 2015, and two years later, it insisted on the shuttering of a mission in Armenia. Mongolia, the newest OSCE participating state, has repeatedly requested a mission to foster its continued democratic development and build closer ties with other participating states. Moscow consistently blocks that request. A related and ongoing problem is the lack of transparency of the OSCE’s decision-making. Opening its official deliberations to the public would help make those countries that thwart progress more broadly accountable for their recalcitrance. A more recent challenge comes from the government of Turkey. Ankara continues to use the 2016 coup attempt as pretext for not only violently repressing its citizens and detaining others, including Americans, but also for limiting the participation of non-governmental organizations in certain OSCE meetings. The OSCE is the only international organization that allows NGOs to participate equally with governments in meetings on human rights commitments, allowing these groups to raise their concerns directly. If Turkey has its way, human rights groups might be denied a seat at the table. It is easy to imagine which countries quietly hope this effort will succeed. The United States must continue to make it clear that it is not one of them. Indeed, the moral here is that the United States should not only support the strengths and potential of the OSCE, but we must also be present and potent when progress and principles are challenged within the organization. Our colleagues in both chambers of Congress have the passion and determination to do just that. In these days of partisan discord, we must remember – and treasure – the fact that Congress is broadly committed to the principles enshrined in the Helsinki Final Act: respect for human rights and fundamental freedoms, democratic principles, and liberty. We see this in the establishment of the Helsinki Commission itself, a unique agency conceived by Congress to strengthen the legitimacy of human rights monitoring, defend those persecuted for acting on their rights and freedoms, and ensure that violations of Helsinki provisions are given full consideration in U.S. foreign policy. The OSCE’s broad membership and comprehensive definition of security make it an ideal platform to advocate for our interests in a vital region. Its institutions remain singularly placed to moderate regional conflicts, promote respect for human rights, and safeguard essential elements of democracy. We have not only the right, but also the duty, to hold countries responsible if they fail to adhere to the basic principles that we all agreed to in 1975. We also have the responsibility to hear and consider other participating states when they feel that the United States is not fully meeting our commitments. Leading by example means that we must be held accountable, too. At this critical juncture, when the rules-based order appears particularly fragile, any weakening or absence of the OSCE could irreversibly damage the chances for democracy and peace in the region. We must not allow that to happen – and the key is our own steadfastness, in words and deeds. Roger Wicker (@SenatorWicker) is chairman of the U.S. Helsinki Commission and a vice president of the OSCE Parliamentary Assembly. A member of the Republican Party, he has represented Mississippi in the Senate since December 2007. He previously represented Mississippi for 13 years in the House of Representatives. Ben Cardin (@SenatorCardin) is ranking Senate member of the U.S. Helsinki Commission. He serves as special representative on anti-Semitism, racism, and intolerance for the OSCE Parliamentary Assembly. A member of the Democratic Party, he has represented Maryland in the Senate since January 2007 after 20 years in the House of Representatives.
Mr. Speaker, this week the Helsinki Commission held a hearing to review the current situation in Kosovo and the prospects for addressing outstanding human rights issues there. More specifically, the hearing focused on the more than 200,000 displaced of Kosovo, mostly Serb and Roma, as well as those Albanians, numbering at least 1,600 and perhaps much more, imprisoned in Serbia. Witnesses included Ambassador John Menzies, Deputy Special Advisor to the President and Secretary of State for Kosovo Implementation; Bill Frelick, Director for Policy at the U.S. Committee for Refugees; His Grace, Bishop Artemije of the Serbian Orthodox Church; Andrzej Mirga, an expert on Roma issues for the Project on Ethnic Relations and the Council of Europe; Susan Blaustein, a senior consultant at the International Crisis Group; and, finally, Ylber Bajraktari, a student from Kosovo.
The situation for the displaced, Mr. Speaker, is truly horrible. In Serbia, most collective centers are grim, lacking privacy and adequate facilities. While most displaced Serbs have found private accommodations, they still confront a horrible economic situation worsened by the high degree of corruption, courtesy of the Milosevic regime. The squalor in which the Roma population from Kosovo lives is much worse, and they face the added burdens of discrimination, not only in Serbia but in Montenegro and Macedonia as well. There is little chance right now for any of them to go back to Kosovo, given the strength of Albanian extremists there. Indeed, since KFOR entered Kosovo eight months ago, it was asserted, more than 80 Orthodox Churches have been damaged or destroyed in Kosovo, more than 600 Serbs have been abducted and more than 400 Serbs have been killed. The situation for those Serbs and Roma remaining in Kosovo is precarious. Other groups, including Muslim Slavs, those who refused to serve in the Yugoslav military, and ethnic Albanians outside Kosovo, face severe problems as well, but their plights are too often overlooked.
Meanwhile, the Milosevic regime continues to hold Albanians from Kosovo in Serbian prisons, in many cases without charges. While an agreement to release these individuals was left out of the agreement ending NATO's military campaign against Yugoslav and Serbian forces, with the Clinton Administration's acquiescence, by international law these people should have been released. At a minimum, the prisoners are mistreated; more accurately, many are tortured. Some prominent cases were highlighted: 24-year-old Albin Kurti, a former leader of the non-violent student movement; Flora Brovina, a prominent pediatrician and human rights activist; Ukshin Hoti, a Harvard graduate considered by some to be a possible future leader of Kosovo; and, Bardhyl Caushi, Dean of the School of Law, University of Pristina. Clearly, the resolution of these cases is critical to any real effort at reconciliation in Kosovo.
This human suffering, Mr. Speaker, must not be allowed to continue. Action must be taken by the United States and the international community as a whole. Among the suggestions made, which I would like to share with my colleagues, are the following: First, get rid of Milosevic. Little if anything can be done in Kosovo or in the Balkans as a whole until there is democratic change in Serbia; Second, bring greater attention to the imprisoned Albanians in Serbia, and keep the pressure on the Milosevic regime to release them immediately and without condition; Third, rein in extremists on both sides, Albanian and Serb, in Kosovo with a more robust international presence, including the deployment of the additional international police as requested by the UN Administrator; Fourth, find alternative networks for improved distribution of assistance to the displaced in Serbia; Fifth, consider additional third-country settlement in the United States and elsewhere for those groups most vulnerable and unable to return to their homes, like the Roma and those who evaded military service as urged by NATO.
Mr. Speaker, as Chairman of the Helsinki Commission, I intend to pursue some of these suggestions with specific legislative initiatives, or through contacts with the Department of State. I hope to find support from my fellow Commissioners and other colleagues. Having heard of the suffering of so many people, we cannot neglect to take appropriate action to help, especially in a place like Kosovo where the United States has invested so much and holds considerable influence as a result.