Human Rights Problems in Kazakhstan

Human Rights Problems in Kazakhstan

Hon.
Christopher H. Smith
Washington, DC
United States
House of Representatives
107th Congress
First Session
Congressional Record, Vol. 147
No. 68
Thursday, May 17, 2001

Mr. Speaker, I rise today to call attention to the lamentable human rights situation in Kazakhstan. On April 4, in a meeting with Kanat Saudabaev, Kazakhstan's new Ambassador to Washington, I welcomed his desire for cooperation and his willingness to improve his country's image, but I emphasized that Kazakhstan's reputation has indeed been badly tarnished and that concrete actions, not implausible pledges of democratization, were necessary.

Considering the recent political trends in that important Central Asian country, I would like to share with my colleagues a number of the concerns I raised with Ambassador Saudabaev. As a Washington Post editorial pointed out on May 1, President Nursultan Nazarbaev has recently been intensifying his longstanding campaign of repression against the political opposition, independent media, and civil society. Especially alarming is the escalation in the level of brutality. In the last few months, several opposition activists have been assaulted. Platon Pak of the "Azamat'' Party was stabbed on February 7. Fortunate to survive, he said his attackers told him to "deliver their message to the head of his political party.''

On March 1, Ms. Gulzhan Yergalieva, the Deputy Head of the opposition "People's Congress of Kazakhstan'' and a well-known journalist, was--along with her husband and son--attacked and robbed in her home. Prior to these incidents, both opposition parties strongly criticized the Kazakh Government's running of an electoral reform working group. In late February, Alexandr Shushannikov, the chairman of the East Kazakhstan branch of the "Lad'' Slavic Movement, was beaten by unknown assailants in the town of Ust-Kamenogorsk.

Less violent harassment of the opposition has continued unabated. Amirzhan Kosanov, the Acting Head of the Executive Committee of the opposition Republican People's Party of Kazakhstan (RNPK), found threatening graffiti in the stairwells of his apartment building, on the doors of his apartment, and on neighboring buildings on March 17. Later that night, hooligans threw rocks at the windows of the apartment of Almira Kusainova, the RNPK's Press Secretary. In one case, a large rock shattered one of the windows.

To add insult to injury, Mr. Kosanov has been barred from leaving Kazakhstan. He is the former Press Secretary of Akezhan Kazhegeldin, Kazakhstan's former Prime Minister and now the exiled head of the RNPK. Claiming Mr. Kosanov had access to "state secrets,'' the authorities have confiscated his passport--even though he had left Kazakhstan many times before. To round out the campaign against Mr. Kosanov, a series of articles and reports in pro-government media have accused him of adultery and pedophilia.

In addition, Pyotr Afanasenko and Satzhan lbrayev, two RNPK members who were Mr. Kazhegeldin's bodyguards, were sentenced in April 2000 to three years in prison for a weapons offense; an appeals court upheld the convictions. The OSCE Center in Almaty has stated that it considers the charges to be political in nature. Moreover, these two individuals, as former members of the security forces, should be in special prisons instead of being incarcerated among the general prison population, where they are in danger.

Along with the targeting of opposition activists, the ongoing crackdown on freedom of the press has continued. Most media outlets have long been under the direct or indirect control of Mr. Bapi, who was sentenced to one year in jail and ordered to pay $280 in court expenses, was immediately pardoned under a presidential amnesty. Still, his conviction remains on the books, which will prevent him from traveling abroad, among other restrictions. Mr. Bapi is appealing the verdict.

As for Mr. Gabdullin, the prosecutor's office issued a press release on April 6 stating that it had dropped the case against him due to "the absence of [a] crime,'' although his newspaper has not yet received formal confirmation. While both editors are currently at liberty, as the Committee to Protect Journalists (CPJ) points out, their newspapers cannot publish in Kazakhstan because local printers will not risk angering local officials. In an April 17 letter to President Nazarbaev, CPJ concluded that "we remain deeply concerned about your government's frequent use of politically-motivated criminal charges to harass opposition journalists'' and called on him "to create an atmosphere in which all journalists may work without fear of reprisal.''

Apart from intimidating individual journalists and publications, Kazakhstan's authorities have taken legal action to restrict freedom of speech. The country's Senate on April 17 approved a draft media law that limits the retransmission of foreign programs and will also subject Internet web pages to the same controls as print media. Moreover, media outlets can be held responsible for news not obtained from official sources. In other words, if the New York Times or CNN runs stories Kazakhstan's leadership finds distasteful, Kazakh media outlets risk legal sanction for re-running those reports.

Considering the ongoing investigations by the U.S. Department of Justice into high-level corruption in Kazakhstan, it is easy to draw inferences about what kinds of stories the authorities would eagerly spike. Indeed, although Mr. Gabdullin and Bapi were formally prosecuted for articles in their newspapers, both had also previously signed an open letter, published in the January 15 edition of Roll Call, expressing their support for the investigation.

Mr. Speaker, Kazakh authorities have also stepped up harassment of NGOs. The OSCE Center in Almaty, the Washington-based National Democratic Institute (NDI), and Internews-Kazakhstan had jointly organized public forums in 9 regions of Kazakhstan to educate local citizens, media, and interested parties about the proposed amendments to the media law. After the law's passage, local organizers of these Forums on Mass Media were called in to the Procuracy for "conversations.'' Other government agencies which took part in this intimidation were the Tax Police and the Financial Police.

According to OSCE sources, the authorities offered local NGOs "friendly'' advice about not working with the OSCE and NDI. In Atyrau, one NGO contacted by the Financial Police did not even participate in these forums but that did not stop the police from sending a written request.

Finally, Mr. Speaker, to round out a very depressing picture, Kazakhstan's parliament is reportedly working towards the adoption of amendments to the law on religion that will severely limit freedom of conscience. The draft provisions would require at least 50 members for a religious association to be registered (the law currently requires 10). In order to engage in "missionary activity,'' which would involve merely sharing religious beliefs with others, individuals--citizens or not--would have to be registered with the government, and religious activity would be permitted only at the site of a religious organization, which could bar meetings in rented facilities or even private homes. Violation of these provisions could lead to a sentence of one-year in prison or even two years of ``corrective labor,'' and to the closing of religious organizations.

These draft amendments to the religion law were introduced in Kazakhstan's parliament in early April. According to the U.S. Embassy in Almaty, no date has been scheduled for discussion of the legislation though it is expected the measure will be considered before the current session ends in June.

The U.S. Government, the OSCE, and other international agencies have expressed concern about the possible restriction of religious liberty, and there is reason to fear the worst. In recent months, the attitude underlying these draft amendments has already had a real impact on believers. American citizens who did humanitarian work in several cities in Kazakhstan have been harassed, intimidated and eventually deported. The formal cause of their expulsion was violation of administrative regulations but one official told an American the real reason was because they were Christians. In one particularly brutal, ugly case, Americans who had been told to leave the country were preparing to do so when the authorities brought them back from the airport so they could be videotaped for TV broadcasts portraying them as engaging in various sorts of subversive activities. An American family preparing to leave Ust-Kamenorgorsk was harassed by a Kazakh security official who threatened to spend the entire night in their tiny apartment to make sure they left. It took several hours before he could be persuaded to leave, despite the fact that his presence was frightening a pregnant American woman.

Jehovah's Witnesses have also reported stepped-up harassment and intimidation. Over the past few months, central and local media have been attacking Jehovah's Witnesses, who are depicted as religious extremists. In one bizarre case, according to the Witnesses, a television station broadcast video footage of Islamic terrorists, who were described as Jehovah's Witnesses, as well as footage of a police raid on a meeting held in a private home. Kazakhstan's new Administrative Violation Code, which went into effect in February, allows the suspension or prohibition of religious organizations for evading registration or for violating assembly rules. This has already been used to suspend the activity of a group of Jehovah's Witnesses in Kyzyl-Orda. A similar case is pending in Taraz.

Just today, May 16, Keston News Service reports that authorities have declared a Baptist church in the town of Kulsary (Atyrau region) illegal and ordered it to stop all meetings, claiming that it may not function until it is registered. In fact, Kazakh law does not ban activity by religious communities without registration, but the regional prosecutor upheld the ban. Church leaders intend to appeal the decision, but local lawyers are afraid to take such a case.

Keston further reports that on April 10, the authorities in Kyzylorda fined a Baptist church 7,750 tenge (about $53) and suspended its activities until it obtains registration. In February, police had raided a Kazakh-language service at that church, demanding that participants show their identity documents and write statements about the gathering. They confiscated religious writings in Kazakh and Russian, and took five people, including the leader of the service, Erlan Sarsenbaev, to the police station. According to the Baptists, the police told them "During the Soviet times, believers like you were shot. Now you are feeling at peace, but we will show you.''

When Sarsenbaev refused to write a statement, police officers "began to hit him on his neck, abdomen and head with a plastic bottle filled with water.'' Finally, they forged his signature, and wrote the statement on his behalf.

As President Bush recently said, "the newly independent republics of Central Asia impose troubling limits on religious expression and missionary work.'' This trend in Kazakhstan is especially disturbing because despite the consistent consolidation of presidential power and general crackdown on opposition and dissent, relative religious freedom had been one of the bright spots. It seems this bright spot is about to disappear.

Mr. Speaker, a few weeks ago, Erlan Idrisov, Minister of Foreign Affairs of Kazakhstan, visited Washington. In his public speaking engagements, he focused on Kazakhstan's emphasis on stability and its desire for good relations with its neighbors. These are understandable priorities which the United States has every reason to support. But Minister Idrisov simply discounted charges of human rights problems, arguing on May 2 at the Carnegie Endowment that the above-mentioned Washington Post editorial is "not the final word'' on the human rights situation in his country.

Minister Idrisov may disagree with any Washington Post editorial, if he likes. But when you consider many other sources, such as the State Department's report on human rights practices, the Committee to Protect Journalists (which last year named President Nazarbaev one of the world's ten worst enemies of the media), and the OSCE Center in Almaty, the overall impression is clear and indisputable. Despite official Kazakh claims about progress, the human rights situation is poor and threatens to get worse. If President Nazarbaev wants to change that impression and convince people that he is sincere about wanting to democratize his country, he must take concrete steps to do so. The time is long past when we could take his assurances at face value.
 

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  • Helsinki Commission Digital Digest: February 2021

  • Cardin, Wicker Introduce Bill to Counter Corruption and Promote Good Governance

    WASHINGTON—U.S. Senator Ben Cardin (D-Md.) and Senator Roger Wicker (R-Miss.), incoming Chair of the U.S. Helsinki Commission and Co-Chair, respectively, have re-introduced legislation that would elevate the federal government’s anti-corruption activities. S.158, the Countering Russian and Other Overseas Kleptocracy Act, or CROOK Act, would establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries and streamline work strengthening the rule of law abroad. “Vladimir Putin and other kleptocrats around the world seek to undermine democracy and hollow out the rule of law for their own personal gain. This bipartisan legislation would provide the authority and resources required to fight back against these reprehensible regimes,” said Senator Cardin, a senior member of the Senate Foreign Relations Committee. “Countering corruption and promoting good governance is a national security priority.” “There is no better indicator of the need to confront corruption around the world than Vladimir Putin’s disgraceful actions against democratic activist Alexei Navalny,” Senator Wicker said. “By targeting individual wrongdoers, this legislation would help to counter the influence of corrupt actors on the world stage, whether they be from Russia, China, or Venezuela. Any steps we can take to crack down on illegal practices and strengthen the rule of law are welcome.” The anti-corruption action fund established in the Cardin-Wicker legislation would assist countries where U.S. assistance could significantly increase the chances of successfully transitioning to democracy, combating corruption, and establishing the rule of law. For example, Ukraine in 2014, Ethiopia after the election of a new Prime Minister who instituted important reforms in 2018, or Armenia after the December 2018 parliamentary election. This no-year fund would establish a mechanism to allocate aid and take advantage of ripened political will more quickly. The monies for this fund would derive from a $5 million surcharge to individual companies and entities that incur Foreign Corrupt Practices Act (FCPA) criminal fines and penalties above $50 million. S.158 also would establish several complementary mechanisms to generate a whole-of-government approach to U.S. efforts to strengthen the rule of law abroad. These include an interagency taskforce; the designation of embassy anti-corruption points of contact to liaise with the task force; reporting requirements designed to combat corruption, kleptocracy, and illegal finance; and a consolidated online platform for easy access to anti-corruption reports and materials.

  • Cardin and Wicker Introduce Global Magnitsky Human Rights Accountability Reauthorization Act

    WASHINGTON—U.S. Senator Ben Cardin (D-Md.), incoming Chair of the U.S. Helsinki Commission and author of the Global Magnitsky Human Rights Accountability Act, and Helsinki Commission Co-Chair Senator Roger Wicker (R-Miss.) have introduced the Global Magnitsky Human Rights Accountability Reauthorization Act (S. 93).The bipartisan legislation would extend U.S. sanctions against violators of human rights and corrupt actors so they do not escape the consequences of their actions even when their home country fails to seek justice for their victims. “The Global Magnitsky Human Rights Accountability Act has been a powerful tool in our global effort to protecting human rights and fight corruption. I thank Senator Wicker for working with me to strengthen the law as a message to abusers and kleptocrats who think they can act with impunity,” said Senator Cardin. “This reauthorization will send a clear signal of our national commitment to defending democratic values and the international rules and standards that enable us all to live peaceably together. When human rights abusers and kleptocrats violate these norms, it is incumbent upon us to create concrete consequences.” “When it was introduced, the Global Magnitsky Human Rights Accountability Act was a groundbreaking tool for combating human rights abuses and corruption around the world,” Senator Wicker said. “Since then, the law has helped to hold the worst violators accountable no matter where they are. I look forward to working with Senator Cardin to make this legislation permanent, so that the U.S. can continue to defend human rights abroad.” Actions taken under the Global Magnitsky Human Rights Accountability Act continue to demonstrate the reach, flexibility, and broad scope of the Global Magnitsky authorities. The United States responded to serious human rights abuses and corruption globally, addressing some of the most egregious behavior this tool can attempt to disrupt and deter. These actions targeted, among other things, serious human rights abusers affecting millions of members of Muslim minority groups in northwest China’s Xinjiang province; corrupt actors in South Sudan involved in draining the country of critical resources; and Ugandan officials engaged in an adoption scam that victimized Ugandan-born children. These designations clearly demonstrate the importance of this tool, when appropriate, to target individuals and entities engaging in specified conduct. The Global Magnitsky Human Rights Accountability Reauthorization Act (S. 93) seeks to harmonize the original Act (Title XII, Subtitle F of P.L. 114-328; 22 U.S.C. §2656 note) with Executive Order 13818 by: Removing the victim status requirement to ensure no victim is excluded; Adopting the “serious human rights abuse” and “violation of internationally recognized Human rights” standards to expand the actors and abuses eligible for sanctions; Simplifying the standard for corruption offenses; Supplementing the activity-based targeting standard with a status-based standard; and Allowing for the sanctioning of immediate family members. S. 93 calls for a report on the steps taken through diplomacy and assistance to foreign or security sectors to address persistent underlying causes of serious human rights abuses, violations of internationally recognized human rights, and corruption in each country in which foreign persons have been subject to sanctions. It also repeals the sunset clause in the original legislation.

  • Hastings Deplores Sentencing of Alexei Navalny

    WASHINGTON—Following the sentencing of Alexei Navalny to two years and eight months in a Russian penal colony, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “Those who uncover the Kremlin’s corruption and demand more accountable government for the Russian people often pay with their freedom—or their lives. After the scheme to kill Alexei Navalny failed, Putin is now trying to silence him with a prison sentence. This mockery of justice is a grave insult to Mr. Navalny and to all Russians who wish to exercise their freedoms without fear of abuse.” On February 2, a Russian judge sentenced Navalny to three and a half years in a prison colony for violating the terms of a suspended sentence related to a 2014 case that the European Court of Human Rights called “arbitrary and unreasonable.” Previous time served under house arrest will reduce his prison time to two years and eight months. On January 29, Helsinki Commission leaders condemned Navalny’s detention in Moscow upon his return from Berlin, where he was recovering from an assassination attempt by the Russian FSB.

  • Cardin Condemns Sentencing of Russian Opposition Leader Alexei Navalny

    WASHINGTON—U.S. Senator Ben Cardin (D-Md.), a senior member of the Senate Foreign Relations Committee and author of the Global Magnitsky Human Rights Accountability Act, issued the following statement in response to the sentencing of Russian opposition leader Alexei Navalny. “The Russian court case we just witnessed against Alexei Navalny was a farce beyond compare. Mr. Nalvany’s sentence to 2 1/2 more years in prison on charges that he violated the terms of his probation while he was recuperating in Germany from nerve-agent poisoning is appalling. I am deeply disturbed by Putin and his cronies’ continued efforts to repress democracy and independent voices. The international community is watching. There must be consequences for these latest actions. “I encourage the Biden-Harris administration to quickly respond to this latest move by Putin. The list of Russia’s transgressions continues to grow: the apparent use of a chemical weapon against Mr. Navalany, cyberattacks against the U.S. government and U.S. companies, and interfering in U.S. elections. We need to stand up against ongoing, aggressive Russian actions. I urge my colleagues to join me in supporting the bipartisan Global Magnitsky Human Rights Accountability Reauthorization Act (S. 93) and Combatting Global Corruption Act (S. 14) that I have introduced in this Congress. Putin has shown how much he despises Magnitsky laws, which is why we must continue to make them stronger as a strong signal to him and other authoritarian regimes that protecting human rights and fighting corruption are central U.S. national security priorities.”

  • Helsinki Commission Leaders Condemn Jailing of Navalny, Attacks on Peaceful Protesters across Russia

    WASHINGTON—Following Alexei Navalny’s recent arrest, violent attacks on peaceful protesters across Russia, and police raids on the offices and homes of Navalny and his colleagues, Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20), Sen. Roger Wicker (MS), Rep. Joe Wilson (SC-02), and Sen. Ben Cardin (MD) issued the following statements: “Protesters who support Mr. Navalny’s release and seek a more just Russia should not be beaten in the streets and treated like criminals,” said Rep. Hastings. “The true criminals are those who continue to enable Putin and his cronies to steal from the people of Russia.” “What has happened to Alexei Navalny is a travesty. After being poisoned at the Kremlin’s orders, he returned home to Russia only to be jailed for the ‘crime’ of pulling back the curtain on the corruption and violence entrenched in Putin’s system,” said Sen. Wicker. “Those who expose the truth should be rewarded, not condemned.” “If Vladimir Putin did not fear Navalny and his anti-corruption movement, he would not go to such great lengths to silence them,” said Rep. Wilson. “He understands that his power is threatened when the truth is exposed.” “Mr. Navalny must be allowed to return to his family and his work without further harassment by the Kremlin,” said Sen. Cardin. “The Russian people have the right to protest peacefully and advocate for the future of their country without fear of violent retribution from Putin.” In August 2020, Navalny was the victim of a coordinated assassination attempt by the Russian FSB that used a chemical weapon in the Novichok family. After holding him for two days in Russia, Russian authorities allowed Navalny to travel to Berlin, where he spent months recovering, for treatment. Navalny returned to Moscow on January 17 and immediately was arrested. Shortly thereafter, in a makeshift trial in a Moscow police station, Navalny was sentenced to 30 days of pre-trial detention. He will receive his final sentence on February 2. Following Navalny’s detention and his release of an exposé documenting Vladimir Putin’s palace on the Black Sea, thousands of Russians in over 100 cities and towns took to the streets on January 23 to protest. Police responded with widespread violence and over 3,700 people, including more than 50 journalists, were detained. Additional protests are planned for January 31.

  • Helsinki Commissioners Reintroduce Ukraine Religious Freedom Support Act

    WASHINGTON—Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) and Commissioner Rep. Emanuel Cleaver, II (MO-05) yesterday reintroduced the bipartisan Ukraine Religious Freedom Support Act (H.R. 496) in the House of Representatives. The House unanimously passed the original legislation, which targets Russia’s religious freedom violations in Ukraine, on November 18, 2020. “The Kremlin and its proxies continue to imprison and torture people on Ukrainian territory for their faith. Russian government perpetrators must be punished for these crimes,” said Rep. Wilson. “This legislation would ensure that the president of the United States has the authority and mandate to impose costs on Russian officials who are responsible for such assaults on religious freedom.” “The yoke of Putin’s occupation and oppression weighs heavily on Ukrainians. The desire to seek and follow the truth, to explore ultimate meaning, is written on every human heart,” said Rep. Cleaver. “We must stand up to the Russian government’s attempts to suppress the freedom of Ukrainians to follow their religious conscience.” The Ukraine Religious Freedom Support Act would require the president of the United States to consider particularly severe violations of religious freedom in Russia-occupied or otherwise controlled territory in Ukraine when determining whether to designate Russia as a Country of Particular Concern (CPC) for such violations. The bill authorizes the president to hold Russia responsible for violations in Ukrainian territory it illegally occupies or controls, not just for violations inside Russia’s internationally-recognized borders. The International Religious Freedom Act of 1998 requires the president to designate CPCs when their governments engage in or tolerate particularly severe violations of religious freedom, including killings, torture, abduction, and detention. It also requires the president to then take 15 specific actions, or commensurate action, and ban the foreign officials responsible from entering the United States. The Secretary of State has placed Russia on the Special Watch List for countries with severe violations every year since 2018. The legislation also states, “It is the policy of the United States to never recognize the illegal, attempted annexation of Crimea by the Government of the Russia or the separation of any portion of Ukrainian territory through the use of military force.” Russian forces first invaded Crimea in February 2014 and continue to illegally occupy it. Since April 2014, Russia has controlled parts of the Donbas region in eastern Ukraine with non-state armed groups and illegal entities it commands. Under international humanitarian law, including the Geneva Conventions, Russia is responsible for religious freedom violations in Crimea and parts of the Donbas. Participating States of the Organization for Security and Cooperation in Europe, including Russia, have repeatedly committed to respect and protect freedom of religion or belief. The Helsinki Commission has compiled 16 documents outlining religious freedom commitments made by OSCE participating States. Original co-sponsors of the legislation include Helsinki Commissioners Rep. Brian Fitzpatrick (PA-01), Rep. Steve Cohen (TN-09), Rep. Richard Hudson (NC-08), and Rep. Gwen S. Moore (WI-04). Rep. Gus M. Bilirakis (FL-12), Rep. Anna G. Eshoo (CA-18), and Rep. Andy Harris, M.D. (MD-01) are also original cosponsors.

  • Helsinki Commission Digital Digest: January 2021

  • Ambassador Max Kampelman’s Contributions to the Helsinki Process

    By Emma Derr, Max Kampelman Fellow The Helsinki Commission’s flagship fellowship program recognizes former U.S. Ambassador Max Kampelman, who spent his life working toward comprehensive security at home and across the Atlantic. Over his career, which spanned more than half a century, Kampelman defended the principles of the Helsinki Final Act, strengthened the Helsinki process, and fought to reduce—and later eliminate—nuclear arms. One of his strongest legacies was his belief in bipartisanship, demonstrated by his service to both Democrats and Republicans and in his role as a U.S. ambassador. In the words of longtime Helsinki Commissioner Senator Ben Cardin (MD), “It was a privilege for me and so many of my colleagues to work with a great and good man, whose example reminded us every day: this is what leadership looks like.” Max Kampelman: The Ambassador Kampelman began his career as legislative counsel to Senator Hubert Humphrey before joining the private law practice of Fried Frank.  Although he practiced private law for the majority of his career, Kampelman continued to serve the United States when called on by presidents of both parties. In 1980, President Jimmy Carter asked Kampelman to represent the United States as the lead negotiator at the 1980 Conference on Security and Cooperation in Europe (CSCE) meeting in Madrid, which sought to bring eastern European countries into compliance with the Helsinki Final Act. The meeting was supposed to last two to three months. It lasted three years. Under President Ronald Reagan, Kampelman continued to lead these negotiations until an agreement was reached in 1983. In 1990, in the aftermath of the fall of the Berlin Wall, OSCE participating States gathered to unite their different definitions of European security. Kampelman led the U.S. delegation to this historic meeting and advocated for democratic elections and universal human rights.   “He played a pivotal role in securing agreement on the first international instrument to recognize the specific problem of anti-Semitism and the human rights problems faced by Roma,” said Sen. Cardin. “Moreover, at a moment when Europe stood at a crossroads, Max Kampelman negotiated standards on democracy and the rule of law that remain unmatched.” “The Copenhagen document has been called by a number of professors of international law the most important international human rights document since the Magna Carta, and it spells out what a democracy means. If anybody was to come and join this process, they would be joining what is apparent, a series of 'oughts;' and that’s our task. Once the 'oughts' are there, we have a leg up toward the 'is.'”  ​ Amb. Max Kampelman in a 2003 interview The Copenhagen document strengthened the Helsinki Process by including unprecedented provisions, such as the commitment to democracy as the only form of governance. It also emphasized the rights of national minorities and the right to freedom of association, freedom of conscience, and freedom of expression. The CSCE eventually became today’s Organization for Security and Cooperation in Europe (OSCE), the world’s largest regional security organization. Max Kampelman: The Arms Advisor In addition to his work defending the Helsinki Final Act, Kampelman also negotiated arms control agreements and guided the United States through some of the most difficult periods of U.S.-Soviet relations. By the end of his career, Kampelman had engaged in more than 400 hours of face-to-face negotiations with the Soviets. He successfully protected the Strategic Defense Initiative (SDI), a system designed under Reagan to protect against potential nuclear attacks, from Soviet efforts to stifle it. He led negotiation efforts on the Intermediate-Range Nuclear Forces (INF) Treaty and the Strategic Arms Reduction Treaty (START), effectively reducing nuclear arms for the first time in history.   During the late phases of the Cold War, Kampelman helped arrange the release of political and religious dissidents from the Soviet Union. “We cannot wish it away. It is here and it is militarily powerful. We share the same globe. We must try to find a formula under which we can live together in dignity. We must engage in that pursuit of peace without illusion but with persistence, regardless of provocation." ​ Amb. Max Kampelman, ahead of 1985 arms negotiations Kampelman dedicated much of his later years to Global Zero, envisioning a world without nuclear weapons and encouraging statesmen Henry Kissinger, Sam Nunn, William Perry, and George Shultz, to advocate for this goal. For his service to his country, Kampelman received the Presidential Citizens Medal from President George H.W. Bush in 1989 and the nation’s highest civilian honor, the Presidential Medal of Freedom, from Bill Clinton in 1999. Max Kampelman’s Early Life Kampelman was born in New York in 1920 to parents who had immigrated from what was then part of Romania. He grew up in the Bronx and received a law degree from NYU in 1945. During World War II, he registered for alternate service as a conscientious objector. Kampelman enrolled in a strict food and work regimen known as the Minnesota Starvation Experiment to help authorities understand how to treat prisoner of war and concentration camp survivors. During this time, he finished his doctorate in political science from the University of Minnesota, titled "The Communist Party and the CIO: A Study in Power Politics." He opposed Communism and opposed war, but his feelings regarding nonviolence changed over time with the development of the atomic and hydrogen bombs, later leading him to renounce his earlier pacifist beliefs. Kampelman said his prevailing desire for American foreign policy was to turn the 21st century into the century of democracy. He died on January 25, 2013, at age 92.

  • OSCE Ministerial Council Appoints Top Leaders, Adopts Several Key Decisions Amidst Constraints of COVID-19 and Conflict in Europe

    By Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE Foreign ministers of the 57 OSCE participating States convened on December 3 - 4, 2020, for the 27th OSCE Ministerial Council. For the first time, this annual gathering was convened in an entirely virtual format due to the challenges posed by the COVID-19 pandemic. Despite a turbulent year, which included managing not only the effects of the COVID-19 pandemic but also the global anti-racism protests initiated following the killing of George Floyd; ongoing protracted conflicts in Moldova, Georgia, and Ukraine; fraudulent elections and systemic human rights violations in Belarus; and a renewal of active conflict between Azerbaijan and Armenia, consensus was achieved on many, but not all, draft decisions. The United States delegation to the Ministerial Council was led by Deputy Secretary of State Stephen Biegun. The delegation and included Deputy Assistant Secretaries of State George P. Kent, Michael Murphy, and Bruce Turner; Acting Assistant Secretary of State Philip Reeker; U.S. Ambassador to the OSCE James Gilmore; U.S Helsinki Commission Chief of Staff Alex Johnson; and Helsinki Commission staff Robert Hand, Janice Helwig, Rebecca Neff, Erika Schlager, Shannon Simrell, Dr. Mischa Thompson, and Alex Tiersky. A Call to “Turn a Corner” from Crisis to Cooperation Leveraging the meeting’s virtual format, national statements were livestreamed, offering transparency of the proceedings. Albanian Prime Minister and OSCE Chairperson-in-Office Edi Rama opened the meeting by recalling the solidarity of the signatories of the Helsinki Final Act and Charter of Paris and requesting that ministers “turn a corner” and demonstrate the political will required to address the multiple and complex challenges faced by the organization and across the region. In his remarks, Deputy Secretary Biegun reaffirmed U.S. priorities for engagement at the OSCE, underscoring the commitment to European peace and security and highlighting key challenges facing the OSCE region including Russia’s continued aggression in eastern Ukraine, Moldova, and Georgia, and the destabilizing effect of its flagrant violations of the OSCE’s foundational principles.  He called upon Belarus to hold accountable those responsible for its human rights violations and electoral crisis, urged Armenia and Azerbaijan to engage with the Minsk Group Co-Chairs to attain a lasting end to the conflict in Nagorno-Karabakh, and warned States against using COVID-19 as a pretext to restrict civil society, independent media, or public access to information. Finally, he expressed concern about the increasing number of political prisoners and the rise in cases of anti-Semitism, anti-Roma racism, and other forms of hatred and hate crimes in the OSCE region since the onset of the pandemic.  Consensus Achieved on Organizational Leadership, Preventing Torture, Countering Corruption, and More Despite the challenges inherent in virtual negotiations, consensus was achieved on 11 texts spanning all three OSCE dimensions of comprehensive security and supporting the organization’s internal governance. Ministers agreed on the appointment of the OSCE’s top four leaders: Helga Schmid (Germany) as Secretary General, Maria Teresa Ribiero (Portugal) as Representative on Freedom of the Media, Matteo Mecacci (Italy) as Director of the Office for Democratic Institutions and Human Rights (ODIHR), and Kairat Abdrakhmanov (Kazakhstan) as High Commissioner on National Minorities.  The decisions broke a months-long impasse after Azerbaijan, Tajikistan, Turkey, and others blocked the reappointment of the previous executives, leaving the organization leaderless since July. Participating States also reached consensus on several decisions that added to OSCE’s body of commitments. One such decision concerned the prevention and eradication of torture and other cruel, inhuman or degrading treatment or punishment, building on existing OSCE commitments. A version of the text was originally proposed in 2014 by Switzerland during their 2014 Chairpersonship of the OSCE. The initiative reflected the country’s historic leadership in the area of international humanitarian law and profound concerns regarding torture in the context of counterterrorism efforts.  The proposal was reintroduced over successive Ministerial Councils before its adoption in 2020.  The widespread use of torture and other horrific abuse by Belarusian authorities, documented by the November 2020 report under the OSCE Moscow Mechanism, added urgency to this decision this year.  As adopted, the decision includes explicit references to enforced disappearances and to incommunicado detention. Participating States also adopted decisions on preventing and combating corruption; strengthening co-operation to counter transnational organized crime; deepening cooperation with OSCE’s Asian Partners;  supporting the Transdniestrian settlement process (also known in the OSCE as the “5+2” format, which brings together representatives of Moldova, Transdniestria, the OSCE, the Russian Federation, Ukraine, the European Union, and the United States); and selecting North Macedonia to chair the organization in 2023. Unfinished Business Unfortunately, participating States did not reach consensus on several other important drafts, including one co-sponsored by the United States and Belarus based on lessons learned during the COVID-19 pandemic that would have set out new commitments for participating States to effectively combat human trafficking during times of emergency. Other proposals, including texts to modernize the Vienna Document (a wide-ranging confidence- and security-building measure that includes provisions requiring notification of significant military activities, as well as an exchange of information about armed forces, military organization, and major weapon and equipment systems), enhance public-private partnerships to counter terrorism, and counter trafficking in natural resources were scuttled by Russian, Azerbaijani, and Armenian intransigence.  Some drafts which did not reach consensus among all 57 states were turned into statements issued and signed by those countries that had supported their adoption. The United States signed onto nine such statements to support the concept of women, peace and security outlined in UN Security Council Resolution 1325; modernization of the politico-military framework of the Vienna Document; and a number of statements related to the OSCE’s role in addressing regional challenges like ending the Nagorno-Karabakh conflict, improving human rights compliance by Belarus, countering Russian aggression in Ukraine and the Republic of Georgia, and addressing challenges relating to the COVID-19 pandemic.   The Albanian Chairperson, together with the OSCE’s 2019 Slovak Chairperson, and the OSCE’s three incoming Chairpersons (the “Quint”) issued two joint statements, one expressing concern about the ongoing conflict in Ukraine and another reaffirming the principles enshrined the Helsinki Final Act and the Charter of Paris for a New Europe. Side events highlight continuing challenges The Ministerial Council’s four side events highlighted priority areas for participating States and for the Parliamentary Assembly. Due to the virtual format, events on the Belarus Moscow Mechanism report, human rights violations in Crimea, combatting human trafficking during the COVID-19 crisis, and the OSCE Parliamentary Assembly’s call for renewed political will to address contemporary challenges, attracted hundreds of participants. Deputy Assistant Secretary Kent closed the Moscow Mechanism side event by promising to maintain a focus on the situation in Belarus, to support efforts to hold authorities accountable for torture and other human rights violations, and to ensure the voice of the Belarusian people is heard in determining their country’s future. At a side event organized by the OSCE Parliamentary Assembly titled “A Call to Action: Reaffirming a Common Purpose,” Helsinki Commission Ranking Member Sen. Ben Cardin (MD) affirmed the strong bipartisan support in the United States for the OSCE, and recognized it as vital forum to promote security, defend human rights and encourage democratic development in all OSCE countries. He argued that greater political accountability rather than organizational reform would make the OSCE more relevant and effective in the years ahead. “It remains the responsibility of the participating States to hold each other to account. In the face of repression at home or aggression abroad, the OSCE will succeed as a multilateral forum as long as those who are true believers stand united in defending the ten Helsinki principles and forthrightly raise violations in this forum.” ​ Sen. Ben Cardin (MD), Ranking Member, U.S. Helsinki Commission, OSCE MC 2020 Side Event on “A Call to Action” Due to challenges related to convening during the COVID-19 pandemic, the NGO network Civic Solidarity Platform did not organize its annual Civil Society Conference, which had been held in conjunction with each OSCE Ministerial Council since its first convening during the 2010 OSCE Summit in Astana. Instead, the network organized a series of webinars in December to maintain focus on key issues of concern. 2021: OSCE’s Swedish Chairpersonship “Back to Basics” Looking ahead to its 2021 Chairpersonship, Swedish Foreign Minister Ann Linde said that Sweden will work to get “back to basics:” defending the European security order, contributing to resolving conflicts, and upholding the OSCE’s comprehensive concept of security with a special focus on human rights, democracy, and gender equality.

  • Retrospective on the 116th Congress

    By Emma Derr, Max Kampelman Fellow “For more than four decades, the Helsinki Commission has championed human rights and democracy across North America, Europe, and Central Asia. While we have worked to keep these concerns on the U.S. agenda, much remains to be accomplished.” ​ Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission In the OSCE region, 2019 and 2020 were marked by unprecedented challenges stemming from the COVID-19 pandemic, calls for racial justice, systematic human rights issues, and ongoing regional conflicts amidst U.S. presidential, Congressional, and regional and local elections. Through these crises, U.S. Helsinki Commission leadership worked tirelessly to ensure that human rights and comprehensive security continued to be promoted through the United States’ foreign and domestic policy agendas. 2020 also marked the 30th anniversary of the Charter of Paris, which set unprecedented commitments to human rights, providing an opportunity for OSCE participating States to reflect and bolster human rights commitments during such a crucial time. Through hearings and briefings, legislative activities, public statements and reports, and engagement with other foreign policy actors, the Helsinki Commission has focused on human rights and security challenges both in the United States and abroad to advance the commission’s priorities in the 116th Congress: principled foreign policy; human rights at home; parliamentary diplomacy; and safe, inclusive, and equitable societies. Additional policy focuses include regional security, election observation, OSCE engagement, and anti-corruption work. View a comprehensive list of activities in the Helsinki Commission's report on the 116th Congress.  Principled Foreign Policy From respect for sovereignty and the territorial integrity of states to human rights and fundamental freedoms, commitments undertaken by OSCE participating States underpin peace and stability in the OSCE region and form the basis of comprehensive security for all people. The Helsinki Commission strives to ensure that the protection of human rights and democratic development are central to a principled U.S. foreign policy. During the 116th Congress, Belarus, Russia, Turkey, Hungary, Ukraine/Crimea, and the Balkans attracted particular attention, given the ongoing human rights and regional conflict issues in those countries. Belarus Following over two decades of authoritarian rule supported by the Kremlin, a political crisis erupted in Belarus in the summer of 2020. After August 9 elections, the Alexander Lukashenko regime claimed victory, and the country saw an unrelenting crackdown by Belarusian authorities on peaceful protests, civil society, and the media. According to international observers, Belarus has not had free and fair national elections since Lukashenko was first elected president in 1994. Unprecedented crowds continue to protest the election. Ahead of the election, Lukashenko eliminated his main political competition through disqualification or imprisonment. Numerous protestors, supporters of opposition candidates, and journalists were arrested as last-minute candidate Svetlana Tsikhanovskaya drew unprecedented crowds to her rallies. Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) called on President Lukashenko “to order the release of those who have been detained for political reasons and allow real political competition in Belarus.” After the elections and in reaction to the human rights abuses perpetrated by the Lukashenko regime, Chairman Hastings wrote to Treasury Secretary Steven Mnuchin requesting that the U.S. administration revoke access to the U.S. financial system for the nine largest state-owned companies in Belarus. “The United States stands with the people of Belarus, who have a right to make free choices about their country’s future and to protest peacefully.” ​ Sen. Roger Wicker (MS), Co-Chairman, U.S. Helsinki Commission After the invocation by 17 OSCE participating States of the Moscow Mechanism to report on human rights concerns in Belarus and subsequent investigation, Professor Wolfgang Benedek—the selected rapporteur—joined the Helsinki Commission for a podcast to discuss his findings, including evidence of fraudulent elections, systematic human rights violations, and a general situation of impunity for perpetrators. Regional Security and Stability In May 2020, following reports that the Trump administration planned to withdraw from the Treaty on Open Skies, Chairman Hastings urged Congress to support the United States’ allies and partners in Europe, as “withdrawing from the Open Skies Treaty can only benefit Putin’s continuing campaign of aggression against Russia’s neighbors.” Chairman Hastings also authored an amendment to the National Defense Authorization Act (NDAA) for the 2021 Fiscal Year to reflect support for the Open Skies Treaty and stated his regret in November when the U.S. withdrew from the treaty. The Helsinki Commission held a joint hearing in November 2019 with the House Foreign Affairs Committee concerning the importance of the Open Skies Treaty for security and stability in Europe and released a podcast on the treaty’s benefits, the complexity of execution, and current challenges in implementation. In July 2019, for the first time in its 43-year history the Helsinki Commission convened outside of the United States for a field hearing to underscore America’s commitment to Baltic Sea regional security and emphasize its unwavering support for U.S. friends and allies. The commission also held a briefing to discuss the potential use of energy, specifically oil and gas projects, to achieve foreign policy goals, as well as the extent to which energy independence can reduce the ability of hostile actors to destabilize the European region by threatening to cut off access to energy supplies. Turkey, Hungary, Ukraine/Crimea, and the Balkans In April 2019, Co-Chairman Wicker and Ranking Member Sen. Ben Cardin (MD) introduced the Defending United States Citizens and Diplomatic Staff from Political Prosecutions Act to address arbitrary arrests which contribute to Turkey’s deteriorating respect for human rights under President Erdogan. In April 2019, the Helsinki Commission hosted a briefing on recent developments in Hungary concerning a steady erosion of freedom, the rule of law, and quality of governance. Later that year, the commission reported on an amendment to the Hungarian religion law, which continues to discriminate against people on the basis of their faith. In late 2019, Co-Chairman Wicker successfully pressed Hungarian Prime Minister Viktor Orban to stop the blockage of the European Union version of the Magnitsky Act. The U.S. Magnitsky Act allows the use of sanctions as a tool to target alleged human rights abusers and corruption, and its European counterpart would do the same. In May 2020, Co-Chairman Wicker and Ranking Member Cardin urged U.S. Secretary of State Mike Pompeo to work with the European Union’s High Representative to advance EU Magnitsky Sanctions.  Following a mob attack in October 2019 on a Jewish community center providing office space to civil society groups in Budapest, Chairman Hastings and Ranking Member Cardin called the Hungarian government to take action during this “alarming escalation of violence toward minorities and civil society groups.” In 2020, the commission released a report detailing the escalating rhetorical attacks and legislative restrictions against civil society as Orban continues to consolidate power in Hungary. In December 2019, Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) and Commissioner Rep.  Emanuel Cleaver II (MO-05) introduced the bipartisan Ukraine Religious Freedom Support Act in the House of Representatives, and Co-Chairman Wicker introduced the act, cosponsored by Helsinki Commissioner Sen. Jeanne Shaheen (NH), to the Senate. The act, which would combat Russia’s religious freedom violations in the Crimea and Donbas regions of Ukraine, unanimously passed in the House of Representatives in November 2020 and awaits Senate action. In July 2019, the Helsinki Commission hosted a briefing about reunifying societies divided by war, genocide, and other tragedies in areas such as the Balkans, as well as promoting reconciliation and healing for Holocaust survivors and other victims of Nazi persecution who continue to seek justice worldwide. Twenty years after two U.S. citizens were brutally murdered in Serbia in the aftermath of the 1999 conflict in Kosovo, their brother Ilir joins the Helsinki Commission to share his family’s fight for justice in the face of inaction by Serbian authorities. Election Observation In 1990, all OSCE participating States pledged to hold free and fair elections and to invite international observers. OSCE election observation missions often are undertaken jointly by the OSCE Office of Democratic Institutions and Human Rights (ODIHR) and the OSCE Parliamentary Assembly (PA). These election observation missions have been recognized as one of the most transparent and methodical ways to encourage States’ commitment to democratic standards and have become a core element of the OSCE’s efforts to provide feedback on the election processes to the benefit of candidates and voters alike. Commissioners and staff have observed well over 100 elections since 1990, and in 2020 alone, the OSCE has been invited to observe elections in nearly 20 OSCE participating States, including the United States. In 2019, the commission held a briefing focused on the benefits and challenges of international election observation, best practices, and emerging issues such as voting technology and security. In addition, the use of disinformation to influence elections has become a pervasive and persistent threat in all 57 OSCE participating States. Ahead of the 2020 general elections, the commission held a briefing on the intersections and influences of disinformation and COVID-19 on the electoral process. Election observation is an important way to help monitor these effects on the workings of democracy. A limited election observation mission was deployed by the OSCE to observe the 2020 general election in the United States. Despite the challenges posed by the pandemic, the OSCE team was confident it produced a thorough, impartial, fact-based assessment that concluded the elections were free and fair, as well as “competitive and well managed despite legal uncertainties and logistical challenges” posed by the pandemic and the polarized political climate. OSCE Institutions and Policy During the past two years, the Helsinki Commission hosted hearings featuring both the Albanian and Slovakian OSCE Chairs in Office, as well as the OSCE Representative for Freedom of the Media Harlem Desir, to discuss OSCE institutional priorities such as human rights violations, conflict resolution, and the safety of journalists. In January 2020, the Helsinki Commission welcomed OSCE Office of Democratic Institutions and Human Rights Director Ambassador Ingibjörg Sólrún Gísladóttir, in her first appearance before Congress, to address challenges in the OSCE region related to human rights and democracy.  In December 2020, the Helsinki Commission held a hearing, “U.S. Priorities for Engagement at the OSCE,” where Ambassador Philip T. Reeker U.S. State Department Senior Bureau Official, who has been serving in the role of Acting Assistant Secretary for Europe and Eurasia since March 2018, emphasized that the United States is focused on upholding Helsinki Final Act commitments and pushing all participating States to live up to their own commitments to these principles. Human Rights at Home Like all other OSCE participating States, the United States must also examine how well—or how poorly—it is living up to its own OSCE commitments. In the 116th Congress, the Helsinki Commission took a hard look at human rights at home. “If the United States wants to remain a credible voice in the promotion of human rights abroad, we must fiercely protect them at home.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission In summer 2020 the Helsinki Commission launched a series of hearings focused on restorative justice related to public monuments and memorials, the safety of journalists, and implications of domestic human rights issues for U.S. leadership. The commission also convened political and civil rights leaders to discuss the impact of George Floyd’s tragic death on the need to shape policies that confront and prevent racism and racist acts. The Helsinki Commission dealt at further length with the safety of journalists and freedom of the media in the United States. In the aftermath of attacks on journalists covering protests calling for racial justice, Chairman Rep. Hastings expressed the need to take an “honest and critical look at America’s own record in recent weeks on protecting journalists and safeguarding press freedom.” The U.S. Agency for Global Media (USAGM) supports networks that reach more than 350 million people across the world, many of whom otherwise would not have access to independent, unbiased news. When USAGM failed to renew J-1 visas for foreign Voice of America (VOA) journalists, Chairman Rep. Hastings, Ranking Member Sen. Ben Cardin, and Helsinki Commissioners Sen. Jeanne Shaheen, Rep. Emanuel Cleaver, Rep. Steve Cohen (TN-09), and Rep. Marc Veasey (TX-33) demanded that U.S. Agency for Global Media (USAGM) CEO Michael Pack provide a detailed explanation and called for new policies to protect the personal security of VOA journalists working under the USAGM. Safe, Inclusive, and Equitable Societies Civil rights are human rights, and advancing societies that are safe, inclusive, and equitable is central to the work of the Helsinki Commission. Anti-racism initiatives have always been a priority for the commission, but they found particular focus in 2020 in conjunction with the exposure of systemic racism in police brutality and the disproportionate impacts of COVID-19 on minority populations.  Commissioners looked inward to the United States’ own domestic policies, as well as outward to other OSCE countries, to develop ideas and policies that promote principles of social inclusion, empowering diverse populations and enhancing the ability for everyone to fully participate in society. Over the past decade, Chairman Hastings has drawn attention to the racism and discrimination faced by black Europeans, recognizing their fight for inclusion. In March 2019, he introduced legislation establishing a strategy to protect the collective history and achievements of people of African descent and to promote the human rights of people of African descent worldwide, and a year later, he introduced a bill to implement a government-wide diversity and inclusion plan. “Across the globe we find racial disparities between those of African descent and other populations in education, employment, health, housing, justice, and other sectors. At the same time, hate crimes and racial profiling targeting black populations are increasing,” said Chairman Hastings. “A global strategy ensures we are monitoring whether countries around the world are providing equal protections and opportunity to all within their borders.” Chairman Hastings also collaborated with other Helsinki Commissioners to address racism globally. In July 2020, Chairman Hastings, along with Helsinki Commissioners Rep. Gwen Moore (WI-04), Rep. Cleaver, Rep. Veasey, and 35 other Members of the United States Congress, including the Congressional Black Caucus Chair, called for a sweeping plan of action following the European Parliament’s Juneteenth Day resolution supporting protests against racism and police brutality. Chairman Hastings and Rep. Gregory W. Meeks (NY-05) also issued a statement regarding foreign affairs funding for diverse, global anti-racism programs, commemorating John Lewis’ yearly leadership in securing these appropriations requests. In September, Chairman Hastings and other Helsinki Commissioners joined members of the European Parliament’s Civil Liberties Committee and Subcommittee on Human Rights to discuss combating racism and systemic discrimination on both sides of the Atlantic. In October, Ranking Member Cardin joined the office of the OSCE High Commissioner on National Minorities for an online event that evaluated the applicability of the 2006 Recommendations on Policing in Multi-Ethnic Societies, highlighted relevant legislation, and discussed structural changes to address discriminatory police violence. Ahead of International Roma Day in 2020, the Helsinki Commission hosted a discussion about racism against Roma, the largest ethnic minority in Europe who have historically faced enslavement and continue to battle discrimination. The conversation focused on the state of Roma rights in Europe, as well as resolutions introduced by Helsinki Commission leaders to celebrate Romani American heritage. Reports from nearly every corner of the OSCE region suggest that minority groups have been impacted especially hard by the COVID-19 pandemic, and an extended episode of "Helsinki on the Hill" takes an in-depth look at the pandemic’s impact on vulnerable populations, such as the Roma, and the role of governments in addressing that impact. In December 2019, the Helsinki Commission convened a hearing to focus on public diplomacy initiatives that cultivate leaders who espouse democratic principles, including inclusive and representative governance. The commission also released a podcast discussing how to achieve equitable and inclusive democracies  through political inclusion and economic empowerment. Guests discussed their experiences on the front lines of the fight for greater diversity and inclusion in Europe, and in the transatlantic policymaking space more broadly.  Members of the Helsinki Commission have long supported diversity and inclusion efforts in international affairs including through the annual Transatlantic Inclusion Leaders Network (TILN) workshop, a hearing about the state of diversity and inclusion in Europe, and a new transatlantic democracy program for youth “On the Road to Inclusion.” In March 2020, Chairman Hastings introduced the Leadership Institute for Transatlantic Engagement (LITE) Act, calling for the creation of a transatlantic institute focused on strengthening democratic principles and values in the West, as well as pioneering inclusive and intergenerational solutions to current challenges that would empowering individuals across generations and from diverse backgrounds with the knowledge, tools, opportunity, and access to fully participate in their democracies. The commission also supports diversity in the diplomatic corps. Chairman Hastings, Co-Chairman Wicker, and Ranking Member Cardin joined bipartisan Congressional efforts to support annual funding for State Department and USAID diversity fellowship programs, as well as study abroad opportunities. Parliamentary Diplomacy Parliamentary diplomacy advances comprehensive security and democratic institutions in the OSCE region and acts as a tool to promote safe, inclusive and equitable societies. Commissioners have championed the development of parliamentary assemblies for regional organizations throughout the world and participate regularly in the OSCE Parliamentary Assembly (OSCE PA), which offers opportunities for engagement among parliamentarians from OSCE participating States. The Helsinki Commission organizes bicameral U.S. delegations to OSCE PA meetings throughout the year. With 17 of 323 seats, the United States has the largest representation in the assembly. In the 116th Congress, commissioners explored ways to defend human rights, hold the Kremlin accountable, and maximize cooperation with OSCE Mediterranean partners at OSCE PA meetings. Commissioners visited Hungary, Tunisia, Israel, and Morocco in bipartisan delegations aiming to strengthen shared principles, and Commissioners reported on these visits at OSCE PA meetings as well. Co-Chairman Wicker led the largest bipartisan, bicameral U.S. delegation in history to the 28th Annual Session of the OSCE PA in July 2019 in Luxembourg. At this annual session, Helsinki Commission Ranking Member Cardin, who also serves as OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, hosted a U.S. side event in his capacity as Special Representative on the topic of adopting an action plan to counter hate and foster inclusion. Following a two-day seminar organized by Helsinki Commission and the OSCE PA in February 2020, Future Leadership for Political Inclusion in the OSCE Region: A Seminar for Young Parliamentarians, nearly 20 young legislators from OSCE participating States issued a joint declaration emphasizing the important role young people must play in addressing human rights and security challenges across the world. The commission hosted OSCE PA officials for a briefing in December of 2019 to share a parliamentary perspective on the priorities and objectives of the Albanian chairmanship of the OSCE amid regional conflicts and resistance to democratic reforms in some countries in the OSCE region. The commission also regularly hosts hearings, convenes panels, and participates in events related to parliamentary diplomacy, highlighting the important role the OSCE PA and other parliamentary assemblies play in holding governments accountable to standards of cooperation and human rights. Corruption During the 116th Congress, the Helsinki Commission promoted efforts to combat corruption in the OSCE region, recognizing it as a threat to democracy, security, and human rights. The commission’s work focuses on authoritarian kleptocracy, a form of autocratic government that relies on financial globalization and secrecy to steal and maintain power. Members of the Helsinki Commission introduced the Rodchenkov Act, the Kleptocrat Exposure Act, the Combating the Illicit Trade in Tobacco Products Act (CITTPA), the Countering Russian and Other Overseas Kleptocracy (CROOK) Act, the Foreign Extortion Prevention Act, and the Transnational Repression Accountability and Prevention (TRAP) Act. The Rodchenkov Act passed through both chambers of Congress and was signed into law by President Trump on December 4, 2020. The act establishes criminal penalties for doping schemes, provides restitution for victims, protects whistleblowers from retaliation, and shares information with the U.S. Anti-Doping Agency. Passage of the bipartisan legislation was spearheaded by Co-Chairman Wicker and Commissioner Sen. Sheldon Whitehouse (RI) in the Senate and former Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) in the House of Representatives. “This legislation is a great bipartisan accomplishment for the rights of athletes, the protection of whistleblowers, and our common goal of keeping criminals out of international sports,” said Co-Chairman Wicker.  The commission also organized briefings to draw attention to issues like money laundering and official corruption, as well as to share best practices on innovative corruption policies.

  • Co-Chairman Wicker on Secretary of State’s New Designations under International Religious Freedom Act

    WASHINGTON—Following U.S. Secretary of State Mike Pompeo’s December 7 designations for Countries of Particular Concern (CPC) and the Special Watch List for the worst religious freedom violations, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Secretary Pompeo rightfully redesignated Tajikistan and Turkmenistan as Countries of Particular Concern. These governments continue to arrest, detain, and torture people for their faith, despite repeated CPC redesignations. It is time for the president to take actions required by the International Religious Freedom Act of 1998, which include sanctions against foreign government officials who have committed or are responsible for severe and egregious religious freedom violations. “Russia’s continued presence on the Special Watch List underscores the need for the Senate to pass the Ukraine Religious Freedom Support Act. The Kremlin brutally persecutes religious communities in the parts of Ukraine it illegally occupies or otherwise controls by force. This legislation would ensure the president has the authority necessary to hold Russian government officials accountable for their brutality in Ukraine. “Under the leadership of President Shavkat Mirziyoyev, Uzbekistan commendably has released religious prisoners, registered more religious organizations, and maintained the ban on police raids against religious communities. However, it is essential that reforms continue. Uzbekistan should work with the Organization for Security and Cooperation in Europe and Council of Europe’s Venice Commission on its draft religion law to ensure that the final version complies with Uzbekistan’s OSCE commitments and international obligations.” As participating States of the Organization of Security and Cooperation in Europe, Tajikistan, Turkmenistan, Russia, and Uzbekistan have repeatedly made commitments to recognize, respect, and protect religious freedom. Even though Turkmenistan has been a CPC since 2014 and Tajikistan since 2016, presidents have always waived taking the presidential actions against them required by the International Religious Freedom Act of 1998. Russia has been on the Special Watch List since 2018. In November 2020, the House of Representatives unanimously passed the Ukraine Religious Freedom Support Act (H.R. 5408) introduced by Helsinki Commissioners Rep. Joe Wilson (SC-02) and Rep. Emanuel Cleaver, II (MO-05). The Senate companion (S. 3064), introduced by Sen. Wicker and cosponsored by Helsinki Commissioner Sen. Jeanne Shaheen (NH), also awaits Senate action. Under binding international humanitarian law, like the Geneva Conventions, the Russian Government is responsible for religious freedom violations in Ukrainian territory it occupies or controls through armed groups it commands. The Ukraine Religious Freedom Support Act would authorize the president to consider Russia’s worst religious freedom violations in Ukrainian territory—not just violations in Russia—when determining whether to designate Russia as a CPC. Uzbekistan was a CPC from 2006 to 2017 and on the Special Watch List from 2018 to 2019. Sen. Wicker has repeatedly urged Uzbekistan to request a review of its draft religion law by the OSCE’s Office for Democratic Institution for Human Rights. Sen. Wicker made the requests in a 2018 letter to Foreign Minister Abdulaziz Kamilov, during a 2018 Helsinki Commission hearing, and in a 2019 public statement. A recent joint review by ODIHR and the Venice Commission review concluded that although “the Draft Law brings some improvements compared to the existing legislation…the Draft Law also maintains major restrictions and suffers from deficiencies that are incompatible with international human rights standards.” The review included recommendations to make the law compliant.

  • COVID-19 IMPACTS OSCE’S 2020 HUMAN DIMENSION WORK

    By Erika Schlager, Counsel for International Law; Janice Helwig, Senior Policy Advisor;  and Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE The regular and planned schedule of OSCE meetings for 2020 was significantly altered by the COVID-19 pandemic. It now falls to the 2021 Chair-in-Office, Swedish Foreign Minister Ann Linde, to steward the Organization—and its human dimension activities—through the next phase of the pandemic. Changes to the OSCE’s regular order began on March 14, when Austrian authorities ordered a lockdown in response to the emerging pandemic.  OSCE meetings in Vienna, where the OSCE is headquartered, were canceled for the second half of that month.  Pressing business was conducted remotely, which allowed the Permanent Council to renew the mandate for the Special Monitoring Mission (SMM) in Ukraine and adopt the SMM budget on March 19.  After a regularly scheduled recess from April 6 to April 17, some OSCE meetings resumed as the organization shifted to primarily online meetings.  Some used a “hybrid” or “blended” format, permitting in-person engagement in Vienna (to the extent that in-person gatherings were allowed by changing local health measures), reinforced by additional participation through videoconferencing.  Two-day Supplementary Human Dimension Meetings, the Alliance Against Trafficking meeting, and the Annual Security Review Conference were held in a hybrid format.  Some other meetings, such as the annual Human Dimension Seminar in Warsaw, were not held at all.  Separately, the OSCE Parliamentary Assembly canceled its annual session, which had been scheduled in Vancouver in July. 2020 Human Dimension Implementation Meeting As the participating States and the OSCE institutions strove to adjust to circumstances created by the COVID-19 pandemic, convening the annual Human Dimension Implementation Meeting (HDIM) presented particular challenges due to its length and complexity. Reflecting the extraordinary times, the 2020 Human Dimension Implementation Meeting was canceled by decision of the participating States. Spanning two weeks, the HDIM is significantly longer than other OSCE meetings. It typically draws more than a thousand representatives of government and civil society from across the OSCE’s expansive time zones. According to its mandate, the HDIM holds six hours of formal sessions each day covering the full range of human dimension concerns including freedoms of assembly, association, expression, and religion or belief; countering anti-Semitism, racism, and xenophobia; and democratic institutions such as free and fair elections, the rule of law, and independence of the judiciary.  Dozens of side events are also organized by nongovernmental organizations, OSCE institutions, other international organizations, and participating States, which meet for up to an additional six hours a day. Side events allow participants to focus on specific issues of concern in greater depth. The most significant aspect of HDIM is that civil society representatives may speak during formal sessions on equal footing with government representatives.  Governments and civil society alike use HDIM as a forum to cultivate contacts among and between civil society and governments.  As a practical matter, the critical human rights violations that would be the focus of any implementation review were unabated by the pandemic.  On the contrary, some governments used the pandemic to distract from their long-standing human rights shortcomings. In addition, the pandemic created additional areas of concern, such as government surveillance ostensibly related to health monitoring, punitive measures against real or alleged critics of a government’s pandemic responses, and the scope and duration of emergency measures adopted in response to the pandemic. When considering how to hold the HDIM in the context of COVID-19, organizers and participants alike debated how, or indeed whether, HDIM’s unique aspects could be shoe-horned into an on-line format. The United States argued that the HDIM could and should be convened in an adjusted, blended format.  “It is precisely because of the impact of the pandemic on human rights and democracy that the HDIM must be held. [. . .] 2020 is EXACTLY the year we need HDIM most.” Harry Hummel, advisor to the Netherlands Helsinki Committee with extensive experience attending HDIMs, noted that some of these challenges had already been met for the first two Supplementary Human Dimension Meetings and that hybrid meetings would have some advantages.  However, he concluded that all online or hybrid HDIM variants would have significant disadvantages for civil society, particularly since one of the most important components of the HDIM—informal, person-to-person contacts—could not be replicated virtually A majority of OSCE participating States agreed. After extensive consultations among participating States, the Chair-in-Office, and the Office for Democratic Institutions and Human Rights (ODIHR) —the OSCE institution mandated to organize the HDIM—the Permanent Council decided on September 11 that the HDIM (originally scheduled for September 21–October 2) would, exceptionally, not take place in 2020 due to the unprecedented, extraordinary, and unpredictable circumstances caused by the ongoing COVID-19 pandemic.  The Permanent Council also stated that this decision did not establish any precedent for the organization of future HDIMs. Following the announcement, Chairman Alcee Hastings stated, “We should use this time wisely by redoubling our efforts to ensure that all OSCE participating States implement their OSCE commitments. The pandemic has revealed—and in some cases amplified—human rights shortcomings, democratic weaknesses, racial inequities, and social vulnerabilities across the region.”  At a hearing before the Helsinki Commission on September 17, OSCE Chair-in-Office Edi Rama reaffirmed the importance of HDIM. He stated, “This is a huge loss for our organization. Together with [the] Permanent Council, [the] Human Dimension Implementation Meeting is a constituent part of the OSCE’s mechanism for the review and assessment of the implementation of our commitments.” Working to Keeping Human Dimension Issues Top of Mind To provide an additional platform in 2020 for human dimension issues, the OSCE held a series of webinars between September 28 and November 6, 2020, organized by ODIHR in cooperation with the Office of the Representative on Freedom of the Media (RFoM) and the Office of the High Commissioner on National Minorities (HCNM), and with the support of the 2020 Albanian OSCE Chairmanship.  The sessions focused on racism, xenophobia, and intolerance and discrimination; combating racism and discrimination against Roma; the rule of law; access to information and freedom of the media; democratic lawmaking; multilingual education; and human rights defenders. Some of the webinars touched on subjects such as the prevention of torture (part of the discussion on human rights defenders) and access to information that also were the subject of subsequent negotiations for Ministerial Council decisions.  Although the webinars raised important human rights issues, they could not substitute for the HDIM, particularly as their format and short duration did not permit significant dialogue with civil society. Looking Ahead to 2021 In a December 3 address to the annual OSCE Ministerial Council, U.S. Deputy Secretary of State Stephen Biegun called for sustained vigilance. “We must press governments to uphold their human dimension commitments, give audience to the voices of civil society, and hold a Human Dimension Implementation Meeting in 2021 where governments are called to account for their actions,” he said. As 2021 Chair-in-Office, Sweden will have the task of consulting with the participating States on the entire calendar of OSCE meetings and events, continuing to adjust plans as needed in light of the COVID-19 pandemic. There has been strong support among participating States for moving the HDIM, which is typically been held in the early fall, to earlier in the year to prevent any conflict with the annual United Nations General Assembly meeting.  Given the inability to hold a regular HDIM in 2020, if public health conditions permit, it would be ideal to move the HDIM forward in 2021.

  • Helsinki Commission Digital Digest: November 2020

  • Rodchenkov Act Passes Senate, Goes to President for Signature

    WASHINGTON—Yesterday, the Rodchenkov Anti-Doping Act (H.R. 835) passed the U.S. Senate, completing its course through both chambers of Congress. The bill now goes to President Donald Trump for signature. Passage of the bipartisan legislation has been spearheaded by Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Commissioner Sen. Sheldon Whitehouse (RI) in the Senate and former Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) in the House of Representatives. The bill passed the House of Representatives in October 2019. “This legislation is a great bipartisan accomplishment for the rights of athletes, the protection of whistleblowers, and our common goal of keeping criminals out of international sports,” said Sen. Wicker. “The world’s top athletes should not have a life achievement ripped away from them through fraud—and no whistleblower should live in fear of retaliation for exposing that fraud, as Dr. Rodchenkov has been forced to do.” “Russia’s malicious, corrupt behavior on the international stage demands a strong rejoinder,” said Sen. Whitehouse.  “The World Anti-Doping Agency and the International Olympic Committee have failed to hold Russia accountable for its brazen cheating program in Sochi. Ahead of the next Olympics, the Rodchenkov Anti-Doping Act will create stiff penalties for doping and send a message to Russia and the world that state-sponsored fraud will not be tolerated.”  The bill advanced through the legislative process entirely on consensus-based procedures, demonstrating the wide bipartisan support for the measure. The legislation also has received overwhelming support from amateur and professional sport organizations, including the U.S. Anti-Doping Agency (USADA), the U.S. Olympic and Paralympic Committee (USOPC), the U.S. Olympic and Paralympic Committee Athletes’ Advisory Council, the U.S. Olympians and Paralympians Association, Major League Baseball (MLB), the National Football League (NFL), the National Hockey League (NHL), and PGA TOUR. 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 10 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. In 2016, Dr. Grigory 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 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 Sen. Ben Cardin (MD) and 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 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 promote media coverage to further a narrative favorable to the Russian government. In October 2020, the U.S. Department of Justice indicted a further six individuals for involvement in a Russian-operated military intelligence program in which GRU officers are alleged to have conducted sophisticated hacking of entities and organizations involved with the 2018 PyeongChang Olympic Games.

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