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press release
Hastings Urges Belarus to Allow Real Political Competition in Upcoming Elections
Wednesday, June 24, 2020WASHINGTON—In light of the recent crackdown on protesters and arrests of prominent presidential candidates leading up to the August 9 elections in Belarus, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) released the following statement: “Every OSCE participating State, including Belarus, commits to holding free and fair elections. Belarusian authorities have made this impossible by arresting and intimidating presidential candidates, journalists, and activists in the early stages of campaigning. There can be no free choice when the system is rigged in favor of the incumbent. I call on President Lukashenko to order the release of those who have been detained for political reasons and allow real political competition in Belarus.” Belarusian presidential candidate and popular YouTube personality Sergei Tikhanovsky was arrested in early June. His wife, who has decided to run in his place, has received numerous threats. Another presidential candidate and former head of Belgazprombank Viktor Babaryko was also detained, along with his son, after authorities raided the bank’s offices. Journalists, members of civil society, and others have been arrested during rallies and peaceful protests against Lukashenko’s regime. An estimated 140 people across Belarus were detained on June 19 alone, the last day for presidential candidates to collect signatures to get on the ballot. According to international observers, Belarus has not had free and fair national elections since Lukashenko’s election in 1994.
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briefing
Disinformation, COVID-19, and the Electoral Process
Thursday, May 21, 2020Listen to audio of the briefing on Facebook. Free and fair elections are one of the most fundamental measures of a democratic society. During the 2016 presidential elections, many Americans became aware for the first time that disinformation can be easily coupled with technology by state and nonstate actors to disrupt and muddy the information space in the months, weeks, and days leading up to an election. The use of disinformation to influence elections has since become a pervasive and persistent threat in all 57 OSCE participating States, one which many still struggle to adequately address. With presidential, parliamentary, or local elections scheduled in 15 OSCE participating States before the end of 2020, the stakes could not be higher. The COVID-19 pandemic has added another level of complexity, as Russia, China, and Iran are all attempting to use the crisis to drive a wedge between the United States and Europe. Governments in the region are struggling to respond, with some enacting measures that further restrict the free flow of information and threaten press freedom. This briefing featured three expert panelists who each examined the implications of this emerging threat to the electoral process and explored opportunities for nations, state and local governments, the private sector, and civil society to collaborate to identify and mitigate disinformation’s corrosive effects. Some of the more urgent concerns they noted were the increased politicization of the information space and the rise of nonstate actors. Heather Conley, Senior Vice President for Europe, Eurasia, and the Arctic at the Center for Strategic International Studies, noted, “Russia does not create the weaknesses; they simply exploit them. And this is where I think it’s very important to understand that in the U.S. system they’re exploiting, obviously, our partisanship. So we are offering them the weakness, and then they use it wherever they can.” Nina Jankowicz, Disinformation Fellow at the Woodrow Wilson Center Science and Technology Information Program and author of the upcoming book How to Lose the Information War, said the goal is often simply to bombard the information space with so much conflicting information, the voter loses interest: “They want people to consume less news and to feel like participation at all stages of the process is futile, whether that means communicating with our elected representatives, participated in civil society, or even the act of voting itself.” She added that partisanship cannot be permitted to frame the response to disinformation. “Disinformation is not a partisan issue,” she said. “If we’re to make any progress in protecting our democracies, we need to not only clearly recognize the threat that disinformation poses but reject its tactics whole cloth. Any government that uses disinformation cannot hope to fight it.” Chatham House’s Sophia Ignatidou called for a US-EU approach to combatting disinformation that was rooted in international human rights. She noted, “The reason for doing that is that international human rights law is suitable to deal with an issue that doesn’t respect any physical boundaries. And it can provide a more holistic view of the issue of disinformation which we are lacking sometimes.” Ignatidou also challenged one of the primary arguments that some of the big tech companies use to push back against regulation – freedom of expression – as misleading, because “the problem with disinformation is dissemination patterns and scale, not content, per se. And freedom of speech does not equate [with] freedom of reach.” Other questions centered on the importance of OSCE election monitoring missions paying more attention to how disinformation impacts the atmosphere surrounding an election in the months leading up to it. The discussion ended on a positive note as all three panelists, when asked to cite examples of successful efforts to mitigate disinformation, spoke about the importance of using trusted, credible voices at the grass-roots level and of building resilience among voters in a nonpartisan fashion. Related Information Panelist Biographies Podcast: Helsinki on the Hill | Defending against Disinformation A Global Pandemic: Disinformation Hearing: The Scourge of Russian Disinformation Briefing: Lies, Bots, and Social Media
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press release
Co-Chairman Wicker Commends Decision by Belarus to Refuse Extradition of Jehovah’s Witness to Russia
Tuesday, May 19, 2020WASHINGTON—Following the April decision by the Prosecutor General of Belarus to reject the Government of Russia’s request to extradite a Russian national to face criminal charges for being a Jehovah’s Witness, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “I commend the government of President Alexander Lukashenko for releasing Nikolai Makhalichev and rejecting the Kremlin’s request to extradite him. If forced to return to Russia, Mr. Makhalichev would face detention, a criminal trial, certain conviction, and imprisonment—merely for practicing his sincerely-held religious beliefs. “In keeping with Belarus’ OSCE commitments and other international obligations, Belarusian authorities should continue to resist the extradition of Mr. Makhalichev to Russia, allow him to move freely, and respect his human rights and fundamental freedoms, regardless of whether the Government of Belarus grants him refugee status or another country gives him legal protection.” Background Amendments in 2006 to Russia’s Federal Law on Countering Extremist Activity criminalized a wide range of religious activities as “extremist,” without precisely defining extremism or requiring that such activities have a violent element. The Russian Government invoked the law as it began relentlessly targeting Jehovah’s Witnesses, a peaceful faith community, with investigations, raids, arrests, detention, trials, the closure of local congregations, website and literature bans, and more. In July 2017, the Supreme Court of Russia upheld an earlier ruling in favor of the Ministry of Justice that Jehovah’s Witnesses are an “extremist” group, criminalizing and effectively banning their activities, and ordering their property to be seized and liquidated. Since then, Russian authorities have conducted criminal investigations into at least 333 Jehovah’s Witnesses, including Makhalichev; courts have convicted at least 32 of them. The authorities have engaged in raids, detentions, house arrests, travel restrictions, property confiscations, and even torture. In February 2020, Belarusian police detained Makhalichev, citing the criminal charges against him in Russia. He then applied for refugee status in Belarus. The Russian Prosecutor General’s Office formally requested extradition in March. The Belarusian Ministry of Interior is currently adjudicating Makhalichev's refugee application. In September 2019, the Helsinki Commission held a hearing highlighting how the Kremlin and other autocratic governments engage in transnational repression against people they perceive as hostile to them: using tools such as INTERPOL to request arrest and extradition, and sometimes even surveilling, abducting, and assassinating targeted persons on foreign soil. Helsinki Commission Chairman Rep. Alcee L Hastings (FL-20), Co-Chairman Wicker, Ranking Member Rep. Joe Wilson (SC-02), and Ranking Member Sen. Ben Cardin (MD) introduced the Transnational Repression Accountability and Prevention (TRAP) Act to combat such threats. Like all participating States of the Organization for Security and Cooperation in Europe (OSCE), Russia and Belarus have repeatedly committed themselves to recognizing, respecting, and protecting freedom of religion or belief. In December 2019, U.S. Secretary of State Mike Pompeo redesignated Russia for the Special Watch List of countries that have committed severe violations of religious freedom, per the Frank R. Wolf International Religious Freedom Act. Since 2017, the United States Commission on International Religious Freedom has recommended designating Russia as a Country of Particular Concern under the International Religious Freedom Act of 1998. Belarusian law authorizes the government to grant refugee status to a foreigner if he or she has a “well-founded fears of being persecuted in the country of his/her citizenship for the reason… of…religion,” and prohibits the government from expelling the applicant to that country, even if the government denies, revokes, or otherwise removes their refugee status. The law also requires the government to give foreigners requesting refugee status or related legal protection access to the United Nations High Commission for Refugees.
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press release
Helsinki Commission Briefing to Examine Corrosive Impact of Disinformation on the Electoral Process
Monday, May 18, 2020WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: DISINFORMATION, COVID-19, AND THE ELECTORAL PROCESS Thursday, May 21, 2020 10:30 a.m. – 11:30 a.m. Register to attend. Free and fair elections are one of the most fundamental measures of a democratic society. During the 2016 presidential elections, many Americans became aware for the first time that disinformation can be easily coupled with technology by state and nonstate actors to disrupt and muddy the information space in the months, weeks, and days leading up to an election. The use of disinformation to influence elections has since become a pervasive and persistent threat in all 57 OSCE participating States, one which many countries still struggle to adequately address. With presidential, parliamentary, or local elections scheduled in 15 OSCE participating States before the end of the year, the stakes cannot be higher. The COVID-19 pandemic has added another level of complexity, as Russia, China, and Iran are all attempting to use the crisis to drive a wedge between the United States and Europe. Governments in the region are struggling to respond, with some enacting measures that further restrict the free flow of information and threaten press freedom. This briefing will examine the implications of this emerging threat to the electoral process and explore opportunities for nations, state and local governments, the private sector, and civil society to collaborate to identify and mitigate disinformation’s corrosive effects. Expert panelists scheduled to participate include: Heather Conley, Senior Vice President for Europe, Eurasia, and the Arctic, The Center for Strategic and International Studies (CSIS) Nina Jankowicz, Disinformation Fellow, Woodrow Wilson Center Science and Technology Information Program; author of “How to Lose the Information War” Sophia Ignatidou, Academy Associate, International Security Programme, Chatham House
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publication
Human Rights and Democracy in a Time of Pandemic
Tuesday, May 12, 2020The outbreak of the novel coronavirus pandemic has prompted governments around the world to take extraordinary measures in the interest of public health and safety. As of early April, nearly two-thirds of the 57 participating States of the Organization for Security and Cooperation in Europe had declared “states of emergency” or invoked similar legal measures in response to the crisis. Often such measures have enabled governments to enact large-scale social distancing policies and suspend economic activity to save lives and preserve the capacity of national public health infrastructure to respond to the spread of infections. At the same time, human rights organizations and civil society activists have expressed concern regarding the breadth of some emergency measures and recalled the long history of government abuse of emergency powers to trample civil liberties. Exactly three decades ago, OSCE participating States unanimously endorsed a set of basic principles governing the imposition of states of emergency, including the protection of fundamental freedoms in such times of crisis. In 1990 in Copenhagen, OSCE countries affirmed that states of emergency must be enacted by public law and that any curtailment of human rights and civil liberties must be “limited to the extent strictly required by the exigencies of the situation.” According to the Copenhagen Document, emergency measures furthermore should never discriminate based on certain group characteristics or be used to justify torture. Building on these commitments a year later in Moscow, participating States underscored that states of emergency should not “subvert the democratic constitutional order, nor aim at the destruction of internationally recognized human rights and fundamental freedoms.” The Moscow Document stresses the role of legislatures in imposing and lifting such declarations, the preservation of the rule of law, and the value of guaranteeing “freedom of expression and freedom of information…with a view to enabling public discussion on the observance of human rights and fundamental freedoms as well as on the lifting of the state of public emergency.” In some corners of the OSCE region, however, national authorities are violating these and other OSCE commitments in the name of combatting coronavirus. While many extraordinary responses are justified in the face of this crisis, government overreach threatens the well-being of democracy and the resilience of society at a critical time. Download the full report to learn more.
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press release
Wicker and Cardin Urge Pompeo to Work with EU High Representative to Advance EU Magnitsky Sanctions
Monday, May 11, 2020WASHINGTON—In a letter released today, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) urged U.S. Secretary of State Mike Pompeo to ask the EU’s High Representative for Foreign Affairs and Security Policy, Josep Borell, to expedite the adoption of EU sanctions on human rights abusers, include provisions for sanctioning corruption, and ensure that the EU sanctions regime bears Sergei Magnitsky’s name. The letter reads in part: “In this time of global crisis, dictators and kleptocrats are only increasing their bad actions, making it more important than ever that the EU move quickly to make the EU Magnitsky Act a reality... “It has become clear that corruption and human rights abuse are inextricably linked. The lack of provisions to sanction corruption would weaken the comprehensive Magnitsky approach. It would also lead to difficulties synchronizing U.S. and EU sanctions by enabling corrupt officials barred from the United States to continue operating in the EU, thus diminishing our deterrent and increasing Europe’s vulnerability to exploitation... “It was Sergei Magnitsky who started this very effort to end impunity for human rights abusers and corrupt officials. Omitting the name of Magnitsky, who was jailed, tortured, beaten, murdered, and posthumously convicted, would indicate a lack of resolve to stand up to brutal regimes around the world.” The U.S. Global Magnitsky Human Rights Accountability Act, which authorizes the President to impose economic sanctions and deny entry into the United States to any foreign person he identifies as engaging in human rights abuse or corruption, has been an important asset in the U.S. diplomatic toolkit. In December 2019, High Representative Borrell announced that all Member States unanimously agreed to start preparatory work for an equivalent of Global Magnitsky, adding that such a framework would be “a tangible step reaffirming the European Union’s global lead on human rights.” The Baltic States, Canada, and the UK already have adopted similar legislation. However, the current proposal for an EU Magnitsky Act does not include sanctions for officials involved in corruption, nor does it include any reference to Sergei Magnitsky by name. The full text of the letter can be found below: Dear Mr. Secretary, As the original sponsors of the Magnitsky Act, we aim to increase the impact of the legislation worldwide by encouraging our allies to join us in sanctioning bad actors. At the moment, the European Union (EU) has agreed in principle to adopt their own sanctions similar to those provided by the Global Magnitsky Act, but certain issues remain. Therefore, we ask that you work with Josep Borrell, High Representative of the EU for Foreign Affairs and Security Policy, to ensure the EU adopts and implements the most thorough and effective sanctions package possible. Our first concern is that the EU seems to have stalled in putting together the details of their Magnitsky sanctions regime because of the global health crisis. In December, High Representative Borrell announced that there was political agreement to move forward on a Magnitsky-like piece of legislation, which his team would begin drafting. Since then, we fear this work has been sidelined. In this time of global crisis, dictators and kleptocrats are only increasing their bad actions, making it more important than ever that the EU move quickly to make the EU Magnitsky Act a reality. Our second concern is that the proposal for an EU Magnitsky Act does not include sanctions for officials involved in corruption. It has become clear that corruption and human rights abuse are inextricably linked. The lack of provisions to sanction corruption would weaken the comprehensive Magnitsky approach. It would also lead to difficulties synchronizing U.S. and EU sanctions by enabling corrupt officials barred from the United States to continue operating in the EU, thus diminishing our deterrent and increasing Europe’s vulnerability to exploitation. Finally, we are concerned that the EU is not planning to include Magnitsky’s name on the sanctions regime. It was Sergei Magnitsky who stood up to a ruthless, violent, and corrupt state and demanded fairness and accountability for his fellow citizens. And it was Sergei Magnitsky who started this very effort to end impunity for human rights abusers and corrupt officials. Omitting the name of Magnitsky, who was jailed, tortured, beaten, murdered, and posthumously convicted, would indicate a lack of resolve to stand up to brutal regimes around the world. Therefore, we request that you ask the High Representative Borrell to expedite the adoption of their sanctions, include provisions for sanctioning corruption, and ensure that the EU sanctions regime bears Sergei Magnitsky’s name. It is important that we do not let our guard down and continue our global leadership in this important area. Sincerely, Benjamin L. Cardin Roger F. Wicker Ranking Member Co-Chairman
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speech
Remarks from Sen. Cardin Concerning COVID-19 Emergency Responses
Friday, May 08, 2020OSCE PA Webinar: Respecting Human Rights And Maintaining Democratic Control During States of Emergency Thank you, Mr. President Tsereteli and Secretary General Montella, for organizing this dialogue. Director Gisladottir and Mr. Abramowitz, thank you for the work each of you is doing to shine a light on the human rights and democracy implications of emergency measures introduced in response to the COVID-19 pandemic, as well as the implications of other government actions taken during this public health crisis that may threaten the health of our democracies. As parliamentarians, we have a responsibility to ensure that the measures we introduce and which our governments implement are consistent with OSCE standards on human rights and democracy, including the 1991 Moscow Document’s commitments regarding states of emergency. Those actions must be necessary, proportional, transparent, and temporary. Emergency provisions which restrict freedom of speech or freedom of the media are especially concerning and may actually undermine our efforts to address this health emergency. We need to ensure that journalists, medical professionals, scientists and others can provide the public with information we need to battle covid. Muzzling independent voices undermines public confidence in government at a time when that confidence and public cooperation is critical to the success of the safety measures we need. And yes, sometimes this means governments are going to hear they they’re not getting it right and sometimes governments will need to make course corrections. But there’s a big difference between addressing bad news and suppressing bad news. A robust civil society is a critical partner to each of our governments and will strengthen our resilience. Unfortunately, just this virus exploits vulnerabilities of pre-existing conditions, some governments may exploit the human rights limitations already in place before this pandemic, including laws or practices that unduly restrict civil society, or limit the freedoms of expression, association, or assembly. President Tseretelli, your appointment of a Special Representative on Civil Society last August could not have come at a more important time. I hope members of this assembly will advance efforts to protect the core fundamental freedoms that are essential for civil society voices to be heard and support the work of my colleague, Special Representative Pia Kauma. We also need to ensure that civil society voices continue to be heard within the OSCE. As we look ahead to how the participating States organize human dimension activities this year, and particularly the annual Human Dimension Implementation Meeting, it is critical that we preserve the access and openness that have made the OSCE such an important forum for human right defenders. Whether OSCE meetings are in person or online, those standards of access should be preserved. Finally, democratic institutions, including as the rule of law, the independence of the judiciary, and free elections, must be preserved even during states of emergency. I think this is really one of the most important contributions of the 1991 Moscow Document — it speaks to these exact points: “A state of public emergency may not be used to subvert the democratic constitutional order.” “The participating States will endeavor to ensure that the normal functioning of the legislative bodies will be guaranteed to the highest possible extent during a state of public emergency.” “The participating States will endeavor to ensure that the legal guarantees necessary to uphold the rule of law will remain in force during a state of public emergency.” We may need to make changes in how our courts hear cases or the mechanics of our elections. But a health emergency does not diminish our commitment to ensure the integrity of our democratic institutions. The United States will proceed with our elections in a manner that ensures the public’s safety and respects the rights of voters, and consistent with our OSCE commitments. Thank you.
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speech
Respecting Human Rights and Maintaining Democratic Control during States of Emergency
Friday, May 08, 2020Statement at the OSCE Parliamentary Assembly Webinar: Respecting Human Rights and Maintaining Democratic Control during States of Emergency President Tsereteli, Secretary General Montella, it is good hear from you. I am pleased to see that this Assembly has found ways to communicate, cooperate and collaborate — in spite of the distances that keep us apart, and as an expression of our shared commitments to our roles as legislators. At last year’s annual session, I was the lead sponsor of a supplementary item on “the role of civil society — individuals and non-governmental organizations — in realizing the aims and aspirations of the OSCE.” The resolution we adopted in Luxembourg acknowledges the critical role civil society plays in enhancing security and cooperation across all OSCE dimensions. I appreciate President Tsereteli appointing our colleague, the Honorable Pia Kauma, as the Assembly’s Special Representative to be an advocate for civil society engagement and she has done a great job so far. I am sorry, but not surprised that some governments have taken the need for emergency measures as an opportunity for repressive measures. Hungary is the only OSCE participating State that does not have a sunset clause for the expiration of its emergency measures, or requiring parliamentary approval for an extension. Parliamentary oversight is absolutely essential, especially when governments seek to exercise extraordinary powers. I believe we must also pay particular attention to those measures that relate to freedoms of assembly, association, and expression. I am also troubled by the heavy-handed disciplinary and punitive approach utilized in some areas, which exacerbates existing discriminatory and unconstitutional policing. I want to thank you, Director Gisladottir, for your attention to this and speaking out against the hate crimes and scapegoating of minorities, refugees and migrants. In the next legislation that will come before the U.S. Congress, I will support provisions to address hate crimes and other forms of discrimination in our societies recently highlighted by the pandemic. The February 25 profiling murder of Ahmaud Aubrey by his neighbors in the state of Georgia demonstrates the urgency of our fight for equity and justice for all beyond our current crisis. But I would like to pause here for a moment, to reflect on violations of fundamental freedoms that some governments had already imposed even before now. If a law or practice violated OSCE human rights and democracy norms before the pandemic, circumstances now will surely not cure that violation. Threats against journalists, restrictions on academic freedom, imprisoning people for their political views, and impeding or even criminalizing NGOs’ access to and communication within and outside their own countries — all of that is still inconsistent with OSCE commitments, and the pandemic does not change that. Principle VII of the Helsinki Final Act still holds: individuals still have the right to know and act upon their rights. I therefore add my voice to the international calls from OSCE institutional bodies and others around the world for the release of all prisoners of conscience given this pandemic. Prison populations are particularly susceptible to community spread. To address dangerous overcrowding, governments should work first and foremost to release those imprisoned for exercising their internationally recognized rights or those wrongly imprisoned contrary to international commitments. I regret Turkey's decision in particular to approve a plan to release 90,000 prisoners that excluded relief for any of the thousands of political prisoners, including opposition politicians, civil society activists, employees of U.S. diplomatic missions, and many more. Which brings me back to the important work of Special Representative Kauma. Civil society is not a luxury, it is essential. If anything, it becomes even more important during an emergency when governments may legitimately exercise powers, but those powers may not be unlimited, unchecked, or unending. A vibrant civil society plays a critical role in holding governments to account, particularly at times of great social stress. Those human rights groups, the parent-teacher organizations, book clubs, or food banks— all enrich our societies. Colleagues, this pandemic has upended elections across the OSCE region. According to the OSCE Parliamentary Assembly’s factsheet, forty OSCE participating States — including my own — have elections scheduled for this year. As we all rise to meet the challenge of conducting elections safely, we must maintain transparency regarding the entire electoral process, especially any changes to the timing of elections, methods of voting, or measures that impact campaigning. The United States is already debating these issues in preparation for November. Even in a pandemic, international and domestic election observation remains vital. We must find a solution to ensure that they are engaged and included even now.
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press release
Chairman Hastings Denounces Unchecked Power Granted To Hungary’s Prime Minister Orban
Thursday, April 02, 2020WASHINGTON—Following the Hungarian Parliament’s decision on Monday to accept Prime Minister Viktor Orban’s request for unlimited power to rule by decree in response to the coronavirus pandemic, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “Prime Minister Orban has taken gross advantage of the fear and uncertainty brought on by a global pandemic to secure the power to rule by decree in perpetuity. Instead of focusing on the well-being of Hungarian citizens likely to suffer from the coronavirus, he has chosen to prioritize preserving his parliamentary majority and permanently consolidating his control of the Hungarian Government. “At both the global and national levels, defeating the coronavirus will require extraordinary social solidarity, not unchecked executive power. The further concentration of powers in Hungary will only pave the way for the further concentration of corruption.” Among other provisions, the new law allows for up to a five-year prison sentence for spreading false or distorted information regarding the fight against the coronavirus, which could be used against journalists reporting on the state of Hungary’s hospitals or health care delivery. The law also suspends elections. Hungary has recently completed a cycle of elections (parliamentary, European Parliament, and municipal) with no other major elections scheduled until 2022. In the meantime, by-elections and referenda are prohibited. The law, which lacks a sunset clause, may only be repealed by a two-thirds vote of parliament, or terminated by the Prime Minister himself. In 1991, Hungary—along with all other OSCE participating States—adopted the Moscow Document in the aftermath of a coup attempt in Russia. The agreement includes specific provisions on states of emergency. In particular, the OSCE participating States agreed to “in conformity with international standards regarding the freedom of expression, take no measures aimed at barring journalists from the legitimate exercise of their profession other than those strictly required by the exigencies of the situation.” On March 30, OSCE Office for Democratic Institutions and Human Rights (ODIHR) Director Ingibjörg Sólrún Gísladóttir warned that emergency legislation being adopted by governments across the OSCE region, including Hungary, must include a time limit and guarantee parliamentary oversight. Since 2010, Viktor Orban has systematically dismantled a system of checks and balances, facilitating the consolidation of control by the Fidesz government. In April 2019, the Helsinki Commission hosted a briefing to explore developments in Hungary, including issues related to the rule of law and corruption.
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in the news
E.U. Tries Gentle Diplomacy to Counter Hungary’s Crackdown on Democracy
Tuesday, March 31, 2020European leaders were reluctant to pick a fight with Prime Minister Viktor Orban a day after he secured powers to rule by decree indefinitely. BRUSSELS — The European Union’s written response to Hungary’s effective suspension of democracy omitted one important word: Hungary. A day after the Hungarian Parliament passed sweeping emergency measures allowing the far-right populist leader Viktor Orban to rule by decree indefinitely, ostensibly as part of the country’s response to the coronavirus, the European Commission on Tuesday reminded its members to respect rights. But it was a muted first response from the one institution that can take on Mr. Orban, and it appeared aimed at balancing the political imperative of cooperation in the era of the coronavirus with the risk of emboldening him. “It’s of utmost importance that emergency measures are not at the expense of our fundamental principles and values,” Ursula von der Leyen, the president of the European Commission, said in a statement that made no mention of Mr. Orban or Hungary. The European Commission is the European Union’s executive branch, and it often describes itself as “the guardian of the treaty” that created the bloc of 27 democracies. But Mr. Orban has long been in an open struggle with parts of that treaty. He has said frankly that he does not believe in liberal democracy — which the European Commission says is fundamental to the European Union’s values. The severe measures adopted Monday in Budapest may dramatically ratchet up the confrontation between the Orban government and European Union institutions in Brussels. Hungary’s new legislation suspends elections and also allows the prime minister to suspend existing laws and rule by decree. One vaguely worded section also says that people found to be spreading “falsehoods” or “distorted truths” that obstruct the authorities from protecting the public may be punished with prison sentences of up to five years. That new tool that may allow Mr. Orban to further curb the press freedoms long in his cross hairs. To be sure, in the face of the epidemic, European countries have all to lesser or greater extent adopted emergency measures curbing liberties, including measures that require citizens to register any movement and observe curfews. But Hungary’s new rules are the most far reaching. And rights experts, political analysts and academics say that, given Mr. Orban’s track record and espousal of “illiberal democracy,” the measures he says he is taking to fight the virus could become fixtures in Hungarian public life, used to crack down on opposition well after the threat of the virus passes. European Union officials believe that the statement issued Tuesday, which came from Ms. von der Leyen personally, sent a clear message to Mr. Orban — even without naming him. European Commission lawyers are now closely watching how he enforces Hungary’s new measures, the officials said. But they said that now — as Europe battles to stem the spread of the virus and mitigate its catastrophic economic damage, and with many nations suspending some liberties — was not the moment to pick a fight with just one member. That measured approach surprised some observers, despite the fact that the commission often takes a conciliatory stance toward wayward members in a bid to entice them to reform voluntarily. (That has never worked with Hungary.) “It is bizarre,” Daniel Freund, a member of the European Parliament who belongs to the German Greens political party, said of Ms. von der Leyen’s statement. “The decision that the Hungarian Parliament took yesterday is a watershed moment,” Mr. Freund said. “Now you have to do something, or we really lose democracies.” Mr. Freund and other members of the European Parliament believe that even before the European Commission opens a formal investigation into Hungary’s new law, which would take months, it should use existing rules to put pressure on Mr. Orban. “If we end up after the crisis with a virus well fought but democracy lost in several member states, that’s an unacceptable situation,” Mr. Freund said. Daniel Kelemen, a professor European Union politics and law at Rutgers University, said the epidemic could prove an opportunity for the Hungarian leader. “Throughout his consolidation of power, Orban has counted on the European Union to be distracted with other crises,” he said. “But now,” Mr. Kelemen said, “the scale of this crisis does call for consolidation of power for the executive, so it gives him more effective cover for this next stage of escalation.” Mr. Orban’s hold on power was unparalleled by European Union standards well before Monday’s vote authorizing him to rule by decree. In practical terms, Mr. Orban and his allies already controlled the legislative and executives branches of government, and had stacked the Constitutional Court. With Mr. Orban’s parliamentary opposition unable to slow his political machine, the European Union has shown itself to be the only entity capable of curbing his power, but the results have been mixed. Lengthy and cumbersome European Union legal proceedings could not stop Mr. Orban and his allies from taking over the Hungarian media landscape, weakening the independence of the judiciary, levying a special tax on nongovernmental organizations receiving foreign funding, or ejecting the Central European University from the country. In the end it may be Mr. Orban’s love for European financial aid, not freedoms, that acts as a brake on his government. “Aware that the European Union is watching, Orban is likely to tread modestly at first,” said Mujtaba Rahman, the head of Europe at Eurasia Group consultancy. “He will not wish to put at risk the €5.6 billion windfall granted to Hungary by the European Parliament last week as its portion in the union’s efforts to battle the coronavirus." President Trump has warmly embraced Mr. Orban. Mr. Trump’s ambassador in Hungary has spoken glowingly about Mr. Orban’s grip on power and said that Mr. Trump would love to have the powers of his Hungarian counterpart. But Mr. Orban’s autocratic tendencies have long alarmed others in Washington, particularly lawmakers who serve on the Commission on Security and Cooperation in Europe, known as the Helsinki Commission. A congressional delegation visited Hungary last year to investigate democratic backsliding.
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article
Reflecting on Chechnya
Friday, March 13, 2020By Mia Speier, Max Kampelman Fellow On December 11, 1994, Russian forces advanced into Chechnya, a republic in the North Caucasus near Georgia and Azerbaijan, to stop an attempt at secession. A Chechen separatist movement started to gain momentum following the collapse of the Soviet Union and the Russians refused to allow any chance at separation. This marked the start of the First Chechen War, a conflict that erupted after decades of hostilities between the former Soviet government and the Chechen forces. The war dragged on for nearly two years, destroying the capital city of Grozny and killing tens of thousands of people—mostly civilians. The conflict, which started as an internal national movement, was complicated by flows of foreign money and foreign fighters. Militant Islamists joined the fight against Russia during the latter half of the war as part of a declared global jihad. Officials in Russia feared a repetition of the violence that occurred during the Soviet war in Afghanistan nearly a decade prior. Though Russia withdrew from Chechnya for a short time after the first war, the Second Chechen War broke out in 1999. This second war began after Putin blamed Chechen secessionists for bombings that killed Russian civilians, although there was no evidence of Chechen involvement in the bombings. Russian forces were sent into the republic again, and the Russian government succeeded in putting Chechnya under its control. Since then, the region has been a republic of Russia and is governed by Putin-appointed president Ramzan Kadyrov. Amid the conflict, however, the international community took steps to confront Russian aggression and violence in the region. On March 13, 1997, the U.S. Helsinki Commission convened a hearing called “The Future of Chechnya,” to discuss the efforts of Chechen citizens to free themselves from Russia’s painful yoke and fight back against Moscow’s defiance of international principles and the rule of law. The Helsinki Commission hearing focused on the 1994 Organization for Security and Cooperation Budapest Document that requires all participating States, including Russia, to ensure that their armed forces are commanded in a way that is consistent with international law. At the time of the hearing, an estimated 30,000 to 80,000 people had died in the territory, and tens of thousands of citizens had been displaced. The violence against and displacement of citizens in Chechnya was a clear violation of the Budapest Document. Then-Chairman Rep. Alfonse M. D’Amato chaired the hearing and noted that though many people were paying attention to the ongoing conflict in Bosnia at the time, it was important to also pay attention to the conflict in Chechnya and, more specifically, to think about the role of the OSCE in the region. “The world watched, horrified, as the Russian military used massive firepower against the Chechen guerrillas,” D’Amato said. “While the international community recognizes the principles of territorial integrity, there can be no doubt that in its effort to keep the Chechens in the Russian Federation, the Russian Government violated recognized international principles.” Since 1997, the Helsinki Commission has held several other public events related to human rights abuses, arbitrary arrests, abductions, and disappearances and the plight of Chechen refugees. In 2003, the commission penned a letter to then-Secretary of State Colin Powell urging the U.S. delegation at the United Nations Commission on Human Rights in Geneva to express concern over reported rights violations in Chechnya. Though it has been nearly 30 years since the First Chechen War, the situation in Chechnya remains bleak. In 2017, Congress passed a bipartisan resolution condemning widespread anti-LGBT persecution and violence in Chechnya after it was revealed that state law enforcement officials beat, imprisoned, and murdered hundreds of men perceived to be gay or bisexual. In June 2018, then-Chairman (and current Co-Chairman) Sen. Roger Wicker and Sen. Benjamin Cardin penned a letter to Secretary of State Mike Pompeo urging the United State to invoke the OSCE’s Moscow Mechanism in response to escalating human rights abuses in Chechnya. The Moscow Mechanism allows for the establishment of a short-term fact-finding mission to address a specific human rights concern in the OSCE region. In November 2018, the 16 of the 57 OSCE participating States invoked the Moscow Mechanism to investigate the alleged disappearances, killings, and torture taking place in Chechnya—all of which were concerns raised at a Helsinki Commission hearing just months prior. Though Russia failed to cooperate with the fact-finding mission, the resulting report concluded that the evidence clearly confirmed the allegations of very serious human rights violations and abuses in the Chechen Republic of the Russian Federation. Today, multiple reports of journalists and bloggers in Chechnya being beaten or murdered calls for even more concern for individual freedom and civil liberties in the region. In early February, Yelena Milashina, a prominent Russian journalist and lawyer who exposed the cruelty against gay Chechen men, was beaten in Grozny. Imran Aliev, an outspoken Chechen blogger who criticized President Ramzan Kadyrov, was found murdered in France earlier this year. Aliev’s death is one of many deaths and disappearances in recent years of Chechen dissidents throughout Europe, sparking heightened fears of Chechen death squads hunting down those seeking asylum outside of the republic.
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press release
Helsinki Commission Leaders Commend Political Compromise in Georgia
Friday, March 13, 2020WASHINGTON—After a March 8 announcement that Georgia’s political leadership reached a deal paving the way for the adoption of compromise electoral reforms ahead of the October 2020 parliamentary election, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) released the following statements: “Debate and compromise, two hallmarks of democracy, have rebuilt hope that Georgia’s leaders can bridge divisions and meet the demands of the people for accountability in electoral processes and outcomes,” Chairman Hastings said. “Having led an international election observation mission to Georgia, I commend the hard work it took to reach this agreement and the role of international ambassadors, particularly U.S. Ambassador Kelly Degnan, in facilitating it. As the agreement’s implementation proceeds, I hope to see prioritization of the parties’ joint commitment to address perceptions of politically-motivated criminal charges in recent months.” During the January 2008 presidential election in Georgia, Chairman Hastings served as head of the OSCE PA election observation mission and was appointed by the OSCE Chairman-in-Office as the Special Coordinator leading all OSCE short-term observers. “As a longtime champion of the United States’ strategic partnership with Georgia, I am glad to see Georgia’s political leaders take the path of dialogue to resolve this months-long crisis,” said Co-Chairman Wicker. “The coming months should serve as an opportunity for the Georgian people to regain confidence in the ability of their democratic institutions to represent their voices and render independent justice.” In December 2019, Co-Chairman Wicker sent a letter to Georgian Prime Minister Giorgi Gakharia urging the ruling Georgian Dream party to address growing public discontent with preparations for the 2020 national election and a string of decisions that undermined public confidence in the rule of law. Since November, Georgia has been embroiled in a political crisis sparked by the surprise defeat in parliament of constitutional amendments that would have transitioned the country to a fully proportional electoral system for 2020 parliamentary elections. In response to a political crisis last summer, Georgian Dream Party Chairman Bidzina Ivanishvili pledged his party would pass the amendments, which enjoyed broad support from Georgian political factions and international democracy advocates. Despite this pledge, a group of Georgian Dream parliamentarians voted last month to scuttle the proposal, prompting angry reactions across the Georgian political spectrum. This political controversy coincided with criminal prosecutions against several prominent opposition figures that created the appearance of selective enforcement of the law. Georgian Dream parliamentarians also disregarded an opposition boycott last week to approve 14 justices to lifetime appointments on the Supreme Court despite serious questions about some of their legal qualifications.
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hearing
Moldova
Tuesday, March 10, 2020Presidential elections in Moldova are quickly approaching. However, the country’s self-proclaimed “technocratic” government has yet to demonstrate a departure from the country’s post-Soviet history of grand kleptocracy and political strife. Moldovans have demanded greater access to the global economy through European integration, yet some political leaders are pivoting East with substantial security implications for the enduring frozen conflict in the breakaway territory of Transnistria. To this day, Moldovans demand accountability for the more than $1 billion siphoned from Moldova’s biggest banks between 2012 and 2014. However, key former political leaders implicated in this and other crimes are alleged to have escaped international sanctions, notably, ousted oligarch Vladimir Plahotniuc, who is allegedly at large in the United States. The U.S. Helsinki Commission convened the hearing to explore the societal fissures, security implications, and governance challenges at stake in the Republic of Moldova. Commission Chairman Rep. Alcee L. Hastings (FL-20) chaired the hearing and was joined by Commissioner Rep. Robert Aderholt (AL-04) and Rep. Sheila Jackson Lee (TX-18), a member of the U.S. delegation to the OSCE Parliamentary Assembly. Chairman Hastings’ opening remarks addressed the existing conditions in Moldova under pro-Russian president Igor Dodon and affirmed U.S. support for stability and democracy in Moldova. “We hope to see Moldova reach its potential as a European nation of prosperity and the rule of law, rather than just another post-Soviet country under the thumb of Moscow,” he stated. The hearing exposed Moldova’s existing struggles with corruption and Russian influence and highlighted opportunities for the United States to support Moldova’s democratic aspirations. Ambassador William H. Hill, Global Fellow at the Woodrow Wilson Center for International Studies and former Head of the OSCE Mission to Moldova, emphasized continuing problems of corruption in Moldovan institutions, security issues regarding Russia and Transdniestria, and the role of the U.S. and the EU in supporting Moldova. Although he explained that Moldova has “strayed into a familiar pattern of cronyism, political reprisals, and geopolitical posturing,” Ambassador Hill expressed hope for progress. Tatyana Margolin, Regional Director of the Eurasia Program at Open Society Foundations, highlighted the resilience of Moldova’s civil society and the lack of public trust in the government. She also called for free and fair elections, for criminal justice reform, and on the U.S. to find Plahotniuc and bring him to justice. Valeriu Pașa, Program Manager at WatchDog.MD, testified to the problems of corruption and the absence of justice in Dodon’s administration. “Judges, prosecutors, as well as other officials are easily drawn into supporting illegalities,” leading the government to be highly incompetent, he explained. Pașa voiced his support existing U.S. sanctions under the Magnitsky Act and asked that the U.S. impose tougher sanctions on corrupt low-profile Moldovan officials.
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press release
Moldovan Governance and Accountability to be Discussed at Helsinki Commission Hearing
Thursday, March 05, 2020WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: MOLDOVA Access and Accountability Tuesday, March 10, 2020 12:30 p.m. Rayburn House Office Building Room 2200 Live Webcast: www.youtube.com/HelsinkiCommission Presidential elections in Moldova are quickly approaching. However, the country’s self-proclaimed “technocratic” government has yet to demonstrate a departure from the country’s post-Soviet history of grand kleptocracy and political strife. Moldovans have demanded greater access to the global economy through European integration, yet some political leaders are pivoting East with substantial security implications for the enduring frozen conflict in the breakaway territory of Transnistria. To this day, Moldovans demand accountability for the more than $1 billion siphoned from Moldova’s biggest banks between 2012 and 2014. However, key former political leaders implicated in this and other crimes are alleged to have escaped international sanctions. Witnesses at the hearing will explore the societal fissures, security implications, and governance challenges at stake in the Republic of Moldova. Can a country marred by deep corruption reverse its trajectory, and is there even any will to do so in this government? What role will civil society play in Moldova’s reconstruction? Will Socialist president Igor Dodon prioritize relations with Russia over the West, or manage to navigate between the two? This hearing will explore these questions and more. The following witnesses are scheduled to participate: Ambassador William H. Hill, Global Fellow, Woodrow Wilson Center for International Studies & former Head of the OSCE Mission to Moldova Tatyana Margolin, Regional Director – Eurasia Program, Open Society Foundations Valeriu Pașa, Program Manager, WatchDog.MD
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hearing
Human Rights and Democracy
Wednesday, January 29, 2020For nearly three decades, the Organization for Security and Cooperation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) has been at the forefront of efforts to promote human rights and democracy throughout the 57-nation OSCE region. Although best known for international election observation, ODIHR has also been instrumental in countering various forms of intolerance, helping governments combat human trafficking, protecting human rights defenders, and implementing OSCE commitments to fundamental freedoms. The U.S. Helsinki Commission convened the hearing to demonstrate bipartisan support for ODIHR, to reinforce the U.S.’s support related OSCE initiatives, and to hear about the ongoing work of ODIHR. Commission Ranking Member Rep. Joe Wilson (SC-02) chaired the hearing and was joined by Commissioners Rep. Robert Aderholt (AL-04), Rep. Steve Cohen (TN-09), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. Wilson’s opening remarks highlighted the historic achievements of ODIHR, which include assisting countries to “transition from communism to democracy,” supporting “civil society participation in OSCE events,” and facilitating “strong cooperation with the Parliamentary Assembly.” In her first appearance before Congress, ODIHR Director Ambassador Ingibjörg Sólrún Gísladóttir addressed multiple challenges that have impeded the effectiveness of ODIHR activities. She then outlined ODIHR’s role in offering proactive solutions. In particular, Ambassador Gísladóttir stressed the importance of dialogue and asserted that democracy is about “respect and trust, an acceptance of differing opinions, an exchange of views, and the willingness to share power and seek compromise.” She concluded on an optimistic note, emphasizing unity within the OSCE and its “commitment to democracy and to the wellbeing of its people.” Although conscious of ODIHR’s efforts, commissioners voiced concerns that some OSCE participating States are not complying with their commitments to uphold basic human rights standards. Commissioners specifically acknowledged restrictions on religious freedom in Russia, poor conditions for activists and journalists, and rising anti-Semitism and discrimination against the Roma people across the region. This hearing continued the Helsinki Commission practice of regularly engaging with senior OSCE officials.The Commission typically holds hearing with the foreign minister of the country holding the rotating chairmanship of the OSCE. The Commission has also held hearings with previous ODIHR directors as well as the OSCE Representative on Freedom of the Media.
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hearing
Life Under Occupation
Tuesday, January 28, 2020Nearly six years into Russia’s illegal occupation of Crimea, the human rights situation there continues to deteriorate. Russian authorities have restricted freedom of speech and assembly, suppressed civil society activity, persecuted religious and ethnic minorities, muzzled dissent, and continue to implement an aggressive process of “Russification” toward residents of the peninsula. The U.S. Helsinki Commission convened the hearing to explore Russia’s ongoing assault on Crimea’s vulnerable minorities, as well as its blatant disregard for human rights. As an occupying power, Russia bears the full weight of responsibility for the abuses being inflicted on the population of Crimea. Panelists discussed Russia’s repression of basic freedoms in Crimea and persecution of those who don’t recognize Russian authority. Commission Chairman Rep. Alcee L. Hastings (FL-20) chaired the hearing and was joined by Commission Co-Chairman Sen. Roger Wicker (MS) and commissioners Sen. Sheldon Whitehouse (RI), Rep. Robert Aderholt (AL-04), and Rep. Marc Veasey (TX-33). Chairman Hastings’ opening remarks addressed Russia’s attempts to stymie Ukraine’s relationship with the European community and the brutal tactics used throughout Crimea’s occupation. Hastings shed a light on the harsh reality of Russia’s continued occupation, which is “aimed at forcing a proud people into submission, whether they be civil society activists, community or religious leaders, artists, journalists, or simply those whose religion and ethnicity are viewed with distrust and fear.” This hearing featured testimony from Oleg Sentsov, a Ukrainian writer and filmmaker who was sentenced to 20 years in jail by a Russian court on trumped-up charges of terrorism in 2014. In 2018, Sentsov became a worldwide symbol of defiance and courage when he launched a hunger strike on behalf of all Ukrainian political prisoners being held by Russia. He was released in September 2019. Tamila Tasheva, Deputy Permanent Representative of the President of Ukraine in the Autonomous Republic of Crimea, and Melinda Haring, Deputy Director of the Atlantic Council’s Eurasia Center, also served as witnesses. Sentsov addressed Russia’s “fabricated legal cases” and “long-term imprisonment” against those who simply think differently. He also testified about the various forms of torture he endured in a Russian prison. Sentsov voiced his appreciation for the United States’ continued efforts to counter Russian aggression in Ukraine and asked that Congress maintain pressure on the Putin regime. Tasheva focused her testimony on Russia’s persecution and internal displacement of “disloyal” groups, specifically the Crimean Tatars. Tasheva also called for the creation of an “international platform for negotiations on the return of the temporarily occupied Autonomous Republic of Crimea and the city of Sevastopol to sovereign Ukrainian jurisdiction.” Haring addressed the lack of free press in Crimea, asserting that “the media is controlled by the government.” She praised Radio Free Europe/Radio Liberty’s Crimea service, which tracks developments in Crimea and broadcasts them in three languages to the Crimean population. Haring also warned that the situation in Crimea is worsening, and that Russia has “effectively turned Crimea into a Russian military base.” Throughout the hearing, commissioners expressed their concerns for freedom of religion, freedom of movement, and freedom of the press in Crimea. Commissioners also assured witnesses that support for President Zelensky and the fight for freedom in Ukraine is bipartisan and resolute.
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article
Election Observation 101
Friday, January 24, 2020On January 22, 2020, Helsinki Commissioner Rep. Mark Veasey (TX-33) moderated a roundtable at the Texas A&M School of Law titled “Election Observation 101: Strengthening Democracies Old and New in the 21st Century.” Rep. Veasey—who also is a co-chair of the Congressional Voting Rights Caucus and a former member of the Elections Committee in the Texas House of Representatives—and expert panelists discussed the importance of election observation missions across the OSCE region. Rep. Veasey was joined at the roundtable by veteran election observer Lindsay Lloyd, director of the human freedom initiative at the George W. Bush Institute; Amanda Schnetzer, chief operating officer of Pointe Bello; and Helsinki Commission Chief of Staff Alex T. Johnson. Law school dean Robert Ahdieh offered a warm welcome and reflected on his fondest memories of the Helsinki Commission as a young man living in Moscow, Russia. Rep. Veasey then set the stage with the 30-year celebration of the 1990 Copenhagen Document which established the international standards for “free and fair elections”, while Mr. Lloyd explained the dynamics of how teams are assembled. Mr. Johnson further clarified the role of observers as strict watchers or objective examiners, and never interventionists, and Ms. Schnetzer shared how her experience observing elections in Tunisia forever shaped her passion for civic engagement and democratic values. “[In 2011], the people of Tunisia were voting... To see the looks on the faces of women, grandparents coming to poles for the first time, casting a vote, and bringing a grandchild in tow, to say ‘I have waited all my life to do this’ was simply inspirational,” Ms. Schnetzer said. “I saw the stark comparison in the United States because few get excited on the first day they get to vote… I wish that we could find a way to positively spark that enthusiasm here [in the U.S.].” Looking ahead to the U.S. elections in November 2020, all panelists agreed that more could be done to inform the American public about foreign observers and the benefits of international election observation. Election observers from both the OSCE Office of Democratic Institutions and Human Rights and the OSCE Parliamentary Assembly are expected to be invited by the United States Government to observe the 2020 elections. The OSCE was first invited to observe U.S. elections by the Bush Administration in 2002 and has been invited to observe every midterm and general election since (2004, 2006, 2008, 2010, 2012, 2014, 2016, and 2018) by the administration in office. However, the decentralized nature of the U.S. electoral system means some states prohibit or greatly restrict foreign observers. A few states explicitly permit foreign observation, or at least a sufficiently public observation to include those from other countries.
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article
Anti-Kleptocracy Initiatives Supported by the Helsinki Commission
Thursday, January 23, 2020Corruption has become a key foreign policy tool of U.S. adversaries. Russia, China, Venezuela, Iran, and other authoritarian regimes deploy it to undermine democracy, human rights, and the rule of law around the world. They use it to destabilize countries where the rule of law is weak and gain access to elite circles in countries where the rule of law is strong. Such regimes also create an uneven playing field favoring autocrat-owned concerns by sidelining companies and businesspeople that comply with the rule of law. Several Helsinki Commission-supported anti-kleptocracy initiatives confront this threat by resourcing and streamlining U.S. efforts to build the rule of law abroad (H.R. 3843/S. 3026), exposing the names and misdeeds of kleptocrats around the world (H.R. 3441), ending impunity for foreign corrupt officials (H.R. 4140), and shining a light on ill-gotten gains hidden in the United States (H.R. 4361). Taken together, the passage of these bills would represent a decisive first step toward a reordering of U.S. foreign policy that prioritizes the fight against global corruption and the promotion of the rule of law around the world. H.R. 3843/S. 3026, the Countering Russian and Other Overseas Kleptocracy (CROOK) Act, the most comprehensive of the four bills, outline and would mandate a U.S. foreign policy strategy that focuses on global corruption as a key national security threat. The key operative mechanism of the bill is the establishment of an Anti-Corruption Act Fund, which is financed through a surcharge on certain high-value FCPA cases. The bill also would establish an interagency working group on anti-corruption and anti-corruption points of contact at U.S. embassies to coordinate use of the Fund and U.S. efforts to promote the rule of law abroad more generally. H.R. 3441, the Kleptocrat Exposure Act, and H.R. 4140, the Foreign Extortion Prevention Act, would each provide the Executive Branch authorities to push kleptocrats out of the global economy. H.R. 3441 would enable the Secretary of State to reveal publicly the identity of any individual whose visa has been banned for reason of human rights abuse or corruption, thereby providing invaluable information to foreign states, the private sector, journalists, civil society, and any other interested party. H.R. 4140 would enable the Department of Justice to build cases against foreign corrupt officials who extort U.S. persons abroad, a long overdue tool to level the playing field in international business between U.S. companies, which are barred from exporting corruption, and autocratic ones, which are encouraged to do so. Finally, H.R. 4361, the Justice for Victims of Kleptocracy Act, would create a formal mechanism to demonstrate U.S. solidarity with the victims of kleptocracy. It mandates that the Department of Justice create a website listing by country the total funds recovered by U.S. law enforcement that were stolen and hidden in the United States. It expresses further U.S. intent to return those funds to the benefit of the people from whom they were stolen at such a time as the United States can be sure that the money will not be stolen again. This simple transparency mechanism would resonate with journalists, civil society, and citizens of kleptocracies around the world and help them to hold their leaders to account. Fact Sheet: Anti-Kleptocracy Initiatives Supported by the Helsinki Commission
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press release
Director of OSCE Office For Democratic Institutions and Human Rights to Testify at Helsinki Commission Hearing
Wednesday, January 22, 2020WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: HUMAN RIGHTS AND DEMOCRACY Obstacles and Opportunities in the OSCE Region Wednesday, January 29, 2020 10:00 a.m. Longworth House Office Building Room 1334 Live Webcast: www.youtube.com/HelsinkiCommission For nearly three decades, the Organization for Security and Cooperation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) has been at the forefront of efforts to promote human rights and democracy throughout the 57-nation OSCE region. In her first appearance before Congress, ODIHR Director Ambassador Ingibjörg Sólrún Gísladóttir will discuss the organization’s flagship work in international election observation; countering anti-Semitism and other forms of intolerance; and helping governments to combat human trafficking, protect human rights defenders, and better implement their commitments to fundamental freedoms including assembly and religion. The OSCE, the world’s largest regional security body, is based on a comprehensive concept of security that recognizes that respect for human rights and functioning democratic institutions underpin regional peace and security. ODIHR provides support, assistance, and expertise to participating States and civil society to promote democracy, rule of law, human rights, and tolerance and non-discrimination. ODIHR observes elections at the invitation of participating States, reviews legislation, and advises governments on how to develop and sustain democratic institutions. The office also works closely with the OSCE’s field operations and organizes Europe’s largest annual human rights meeting, bringing together annually hundreds of government officials, international experts, civil society representatives and human rights activists.
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press release
Helsinki Commission to Hold Hearing on Deteriorating Human Rights Situation in Crimea
Tuesday, January 21, 2020WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: LIFE UNDER OCCUPATION The State of Human Rights in Crimea Tuesday, January 28, 2020 10:00 a.m. Cannon House Office Building Room 210 Live Webcast: www.youtube.com/HelsinkiCommission Nearly six years into Russia’s illegal occupation of Crimea, the human rights situation there continues to deteriorate. Russian authorities have restricted freedom of speech and assembly, suppressed civil society activity, persecuted religious and ethnic minorities, muzzled dissent, and continue to implement an aggressive process of “Russification” toward residents of the peninsula. The hearing will feature Oleg Sentsov, a Ukrainian writer and filmmaker who was sentenced to 20 years in jail by a Russian court on trumped-up charges of terrorism in 2014. In 2018, Sentsov became a worldwide symbol of defiance and courage when he launched a hunger strike on behalf of all Ukrainian political prisoners being held by Russia. He and other witnesses will discuss the Russian Government’s continued assault on Crimea’s vulnerable minorities, as well as its blatant disregard for basic rights. The following witnesses are scheduled to participate: Oleg Sentsov, Ukrainian writer and filmmaker held prisoner by Russia for five years Tamila Tasheva, Deputy Permanent Representative of the President of Ukraine in the Autonomous Republic of Crimea Melinda Haring, Deputy Director, Atlantic Council’s Eurasia Center; Senior Fellow, Foreign Policy Research Institute
Mr. Speaker, on September 24, the Helsinki Commission held a hearing on democracy, human rights and security in the Republic of Georgia. Despite the progress that country has made in the development of civil society, in the last few years much of the optimism about Georgia's future has dissipated. Last year, a Georgian official devoted a large part of his public address in Washington to refuting the notion--which was being discussed at the time--that Georgia is a "failed state.'' I reject that characterization, but the hearing offered a good opportunity to discuss the serious problems Georgia does face.
Preeminent among them is systemic, rampant corruption, which has impeded economic reforms and sickened the body politic. Despite lectures from the International Monetary Fund, the World Bank and the U.S. Government, the Georgian Government has proved incapable or unwilling to do what is necessary to stamp out this multidimensional problem--even though President Shevardnadze himself has called corruption a threat to Georgia's security.
There are also grounds for concern about democratization. The last few elections have clearly not met OSCE standards, which raises questions about the important parliamentary election scheduled for 2003, and the 2005 presidential election that will usher in the post-Shevardnadze era in Georgia, with all the attendant uncertainties. Meanwhile, the media and NGOs have been under severe pressure. Last fall, a foolish ploy by the Ministry of Internal Affairs to intimidate Rustavi-2 Television backfired, resulting instead in the fall of the government. While society's response was heartening--thousands of people came out into the streets to defend the station--the attempt to silence one of the country's most popular media outlets indicated that some Georgian officials are still mired in Soviet patterns of thinking.
Especially appalling is the ongoing religious violence in Georgia. Since 1999, there has been a campaign of assaults against members of minority faiths, especially Jehovah's Witnesses, which Georgian authorities have tolerated. Occasionally, policemen have even participated in attacks on defenseless men, women and children who have congregated for the purpose of worship. Attempts to bring the perpetrators to justice have foundered, as throngs of fanatics hijack the trial proceedings. If such travesties are allowed to continue, the country's entire judicial system is at risk of falling victim to mob rule.
Though Jehovah's Witnesses have borne the brunt of this savagery, other religious minorities have suffered as well, including Baptists, Pentecostals and Catholics. Earlier this year, for example, a mob invaded a Baptist warehouse, threw the religious literature outside and burned it. How awful to think that events in Georgia today remind us of Germany in the 1930s!
Georgians have a long tradition of religious tolerance, of which they are rightly proud. It is all the more puzzling, therefore, why religiously-based violence has erupted and continued only in Georgia, of all the post-Soviet states. The leadership of the Helsinki Commission and other Members of the House and Senate have been in correspondence with President Shevardnadze about this disturbing trend. He has assured us that the problem will be corrected and the perpetrators arrested.
Georgia's Ambassador, Levan Mikeladze, testified at the September 24 hearing and suggested that Georgia has so little experience with religious persecution that it has been difficult to cope with its sudden emergence. He too offered assurances that Georgia fully recognizes the gravity of the problem and that legal and practical actions are being taken to ensure there will be no more violent attacks.
Alas, extremists in Georgia must not have been listening. Since the September 24 hearing, more assaults have taken place. The next day, some 15 extremists of the ultra-Orthodox "Jvari'' organization in Rustavi forcibly entered a private home where Jehovah's Witnesses and their non Witness guests had gathered for Bible study. Two Witnesses and one non-Witness visitor were physically assaulted. On September 26, in the village of Napareuli, masked men with firearms burst into a private home where meetings were underway, beating those in attendance and ransacking the house. Most striking, eyewitnesses claim the attack was led by the village administrator, Mr. Nodar Paradashvili, who beat one of the victims into unconsciousness. In a third incident, on September 29, a mob gathered outside the residence of a Jehovah's Witnesses in Tbilisi. They refused to let others enter the premises where a meeting was to be held, seized Bibles and literature from the group, verbally abusing those arriving for the meeting and assaulting at least one person. In all three cases, police reportedly refused to intervene after learning that the incidents involved attacks on Jehovah's Witnesses--as has often been the case in Georgia.
Mr. Speaker, there may be many explanations for this peculiar phenomenon but there can be no excuse for state toleration of such barbarity. It must end, and it must end now.
Though such attacks have been one reason for Georgia's prominence in the news lately, more attention has been focused on Moscow's campaign of intimidation against Georgia. Russia has been leaning on pro-Western, strategically-located Georgia for years, but the temperature has in the last few weeks approached the boiling point. President Putin's request for United Nations backing for Russian military action against Georgia was not any less objectionable for having been anticipated.
I have been watching with growing alarm as Russia ratchets up the pressure on its small neighbor. Georgian parliamentarians on September 12 unanimously approved an appeal to the United Nations, the OSCE, the European Union, the Council of Europe, and NATO for protection from anticipated Russian military aggression. Georgian lawmakers should know that their American colleagues have heard their appeal and stand with them. While we are cooperating with Russia in the war against terrorism, we have in no way given Moscow leave to attack Georgia, nor will we do so.
The United States is now more than ever directly engaged in the Caucasus and is stepping up military cooperation with the region's governments, especially Georgia. While we have many issues of concern to raise with Georgia's Government, when it comes to Georgia's sovereignty and territorial integrity, there is no more ardent supporter than the United States. That has been the case for the last ten years, and it will be the case in the future as well.