Averting All-Out War in Nagorno-KarabakhWednesday, October 18, 2017
Last year, the conflict surrounding the disputed Nagorno-Karabakh region in the South Caucasus saw its worst outbreak of violence in more than two decades. The so-called Four Day War in April 2016 claimed approximately 200 lives and demonstrated that the dispute over Nagorno-Karabakh, which has persisted in a state of no-war/no-peace since a 1994 ceasefire, is not a “frozen” conflict at all. Instead, the Line of Contact separating the parties sees numerous ceasefire violations annually. Each one risks igniting a larger-scale conflict that could draw in major regional players, such as Russia, Turkey, and Iran. Since 1997, the United States, France, and Russia have co-chaired the Minsk Group of the Organization for Security and Cooperation in Europe (OSCE), the principal international mechanism aimed at reaching a negotiated solution to the conflict. The fragility of the Nagorno-Karabakh ceasefire underscores the importance of United States engagement in the Minsk Group process. The U.S. Helsinki Commission hosted two former United States Co-Chairs of the Minsk Group process as well as a renowned independent expert on the conflict to assess the current state of the dispute over Nagorno-Karabakh, the Minsk Group format, and the prospects for achieving a lasting peace.
The OSCE at a CrossroadsThursday, October 12, 2017
Dr. Terry Hopmann is one of few American academics who has followed the Helsinki Process as it developed over four decades from a multilateral conference of 35 countries dealing with Cold War divisions – the Conference on Security and Cooperation in Europe – to a regional organization of 57 countries confronting a broad range of challenges across its security, economic and human dimensions – today’s Organization for Security and Cooperation in Europe (OSCE). As well-acquainted with the intricacies of its institutional development as the diplomats who negotiated them, Hopmann also considers the Helsinki Process and its importance in the context of the broader development of European affairs and the U.S.-Russian relationship. In his current capacity as Professor of International Relations and Conflict Management at the Johns Hopkins School of Advanced International Studies (SAIS), based in Washington, DC, Hopmann not only introduces the OSCE to graduate students preparing for a career in international relations but also invites them to contribute to the intensive study of OSCE-related hot spots, including through field visits to areas such as Ukraine and Nagorno-Karabakh. Focusing especially on security issues, Dr. Hopmann frequently interacts with the Helsinki Commission, both at OSCE-organized meetings in Europe and at Commission-organized briefings and hearings in Washington. In light of the numerous challenges the OSCE currently faces, including Russia’s markedly aggressive behavior and fears of an eroding U.S. commitment to European security and cooperation, Helsinki Commission staff recently sought Hopmann out to discuss the utility of the Helsinki Process in the past, and the interplay of U.S., Russian and European interests through the OSCE today and into the future. The OSCE’s Value Hopmann asserts in no uncertain terms that “OSCE membership is very beneficial for the United States.” The organization has made major contributions to defusing conflicts and increasing military transparency, Hopmann believes; he also underlines the need to keep in mind the organization’s role in the defense of human rights. “The OSCE’s defense of national sovereignty, minority rights, and other important socio-political freedoms, together help prevent or at least de-escalate conflict, and make escalation harder. We see this precise action with regards to Ukraine right now. There’s a lot of value in that,” he notes. “The OSCE remains important for the U.S. in promoting its interests abroad, and at relatively low cost,” Hopmann adds. “Still, the OSCE needs more support. The United States has struggled to engage with multilateral organizations and this represents a major issue. Without permanent and knowledgeable diplomatic representation and without the guarantee of adequate funding and resources, the OSCE’s capacity to act is severely hindered, and we play a role in that. Furthermore, the fact that we do not have a permanent representative there at the moment devalues the OSCE in ways that are dangerous.” Hopmann calls for the United States to continue to “support the OSCE institutions and missions, help its fellow member states in their work at the OSCE, and not forget its commitment to the principles of the Helsinki Final Act, nor lose sight of their significance.” In the past, the Helsinki Process made important contributions to stability and peace in Europe, Hopmann believes. The confidence-building measures developed through the Helsinki Process of the mid-1970s, in particular, “initiated the practice of international observation and greater transparency. As a result, states could now better distinguish military maneuvers and exercises from preparations for a surprise attack. In many ways this was the most important breakthrough during the Cold War, greatly reducing the risk for surprise attack from the Soviet Union. This anxiety was a root cause of the Cold War and animated the conduct of both Western and Eastern powers. Of course, there were the ideological arguments that influenced the political landscape, but in Europe, the fear of Soviet aggression was immense.” At the time these confidence-building measures were negotiated, the Soviet-led invasion of Czechoslovakia in 1968 was still a vivid, recent memory. Hopmann also acknowledges the value of the other, non-military baskets of issues discussed in the Helsinki context. “The human rights basket was also important, though not as immediate,” he observes. “For the negotiators, this basket was less about human rights, but more about the promotion of human interaction. It was, effectively, an agreement to begin encouraging cultural and educational exchange. In the shorter term, the first basket [on political-military issues] was critical, but in the longer term, the third basket [on human rights] became more important - particularly after the 1986 Stockholm agreement updated the CSBMs that were at the heart of Helsinki’s Basket 1. Then, following the Vienna Review Conference that concluded in early 1989, suddenly people were guaranteed the right to enter and leave their own country. Here, we see the first breach in the Iron Curtain when Hungary allowed people to cross freely into Austria – it didn’t all fall at once in 1989, rather it was a gradual process that started with a CSCE set of expanded principles. “ Hopmann considers the institutional development of the European security architecture in the post-Cold War period to have in many ways played out to the OSCE’s disadvantage. Although initially successful in the 1990s with the deployment of field missions, successive U.S. administrations have missed an opportunity by viewing the OSCE as an organization principally relating to human rights concerns, rather than political-military security. “We missed the idea that NATO and the OSCE are not mutually exclusive,” he says “While we’ve contributed a lot to the OSCE, NATO remains the priority for policy makers in Washington. We have yet to realize how closely and effectively they can and should be working together. I believe this is our biggest foreign policy mistake since the end of the Cold War. It is the most effective way to bring Russia to the negotiating table and it is far easier to work with them in Vienna than the UN. The OSCE remains a security institution, like NATO, and as long as we value using all diplomatic measures to resolve conflict before using military force, we’re making a mistake by underutilizing the OSCE.” A growing European Union has not necessarily helped, Hopmann believes. “The development of the E.U. has somewhat complicated the operation of the OSCE. Through the creation of its own common foreign and security policy and other initiatives, Brussels has duplicated OSCE institutions, but without the participation of the United States and Russia. Thus, the E.U. alone simply isn’t as effective,” he observes. “There is a lot of overlap between the two bodies and this begets structural and bureaucratic blockages that prevent action, especially when E.U. and OSCE representatives diverge or try to do the same thing independently. So, like OSCE-NATO relations, the E.U.’s relationship with the OSCE is occasionally marked by competition that hurts both parties’ effectiveness.” The View from Kremlin Walls Many of the earlier successes of the Helsinki Process were enabled by a very different leadership in Moscow than that we see today, Hopmann suggests. Under the late-Soviet leadership and Russian President Yeltsin, “there was a real interest to engage more with the West. They were, generally speaking, in support of Helsinki and didn’t view it as a threat to Russian interests,” he says. “That strongly contrasts with Putin. Putin has a totally different worldview and perceives the OSCE’s interests as inimical to Russian national priorities. We now find a much stronger, more belligerent Russia that no longer trusts the OSCE to help protect its interests, as it once did.” This dynamic creates a real danger that Russia could turn away from the OSCE completely. “The Kremlin could decide to leave as a result of domestic pressure or as a result of frustration with the West and its criticism. The Russians feel that they are attacked on all sides in the OSCE and obviously derive no joy from it,” Hopmann notes. He therefore warns against outright rejection of all Russian concerns in the OSCE area, for instance as regards ensuring the protection of Russian-speaking populations in neighboring states. “It is paramount that, in the spirit of Helsinki, we ensure Russian minorities are treated equally and fairly, to avoid perceived provocations by the West that might serve as a pretext for Russia to intervene. He suggests the closure of earlier OSCE missions in the Baltic states might have been perceived by Moscow, rightly or wrongly, as evidence that the OSCE was no longer responding to Russian concerns. Russia’s military occupation and subsequent illegal annexation of Crimea might have been averted, Hopmann asserts, had its view of the OSCE not evolved so dramatically from the first post-Cold War decade to the second. While objecting to Kosovo’s bid for statehood based on core OSCE commitments regarding the sovereignty and territorial integrity of states, even a decade ago Moscow was willing to engage diplomatically to resolve the issue. In the case of Crimea in 2014, it was not. “They prioritized military force over diplomacy – the precise kind of behavior the OSCE was designed to discourage,” Hopmann states. He predicts that “while this decision may have been tactically effective, it will hurt Russia in the long run. The OSCE is designed to deal with these situations and it has the institutional framework to do so effectively – Russia failed to take advantage of the OSCE and we’re all now paying the price.” Still, Moscow recognizes that the OSCE is still valuable to Russian interests, according to Hopmann: “Russia wields a lot of influence in the OSCE because of their effective veto power under the consensus rule – indeed, the Kremlin recognizes the sway it carries in it and recognizes the OSCE as the place where it can effectively and discreetly negotiate with both the U.S. and the E.U. Ultimately, the OSCE is designed precisely to facilitate this kind of diplomatic interaction, and it meshes more closely with Putin’s view of how diplomacy should be conducted than the U.N. I believe it is for this reason that the Russians have been willing to work with the OSCE on some issues, including the conflict in Ukraine.” Effectively engaging Russia at the OSCE will remain a challenge, Hopmann adds, suggesting that a multilateral format may be useful. “The most important question we face is how to continue the discussion and being firm with Russia when it blatantly violates OSCE norms as it did in Ukraine, without going overboard with our criticisms,” he says. “There are some countries, like Austria, Finland and Switzerland that are simply better at dealing with Russia, due to their past or current neutrality. Russia prefers to deal through them and likely finds it easier to appear to cooperate with them than working directly with the U.S.” On the OSCE’s Role in Conflicts The OSCE is demonstrating clear added-value in conflict areas today, according to Hopmann, including in and around Ukraine, and as regards the Nagorno-Karabakh conflict. Hopmann praised the OSCE as having “played a key role in ensuring the [Ukraine] conflict does not escalate and cause more destruction. Indeed, within the limits of its mandate and available resource, the OSCE has done admirable work; however, this scope is limited and much remains to be done. Thus, the best thing the U.S. can do is to continue to support the OSCE’s mission and the Minsk process. It’s not ideal, but there’s no better option.” Frustration over the OSCE’s inability to overcome the absence of political will to prevent or stop the conflict altogether should not overshadow its success in ascertaining the facts on the ground and galvanizing a defense of key principles guiding international behavior, he believes. Regarding Nagorno-Karabakh, Hopmann suggests that the OSCE has moderated what could otherwise be a much more intense conflict. “The presence of the OSCE has helped already,” he says. “Its presence helped diffuse the four day war last year and prevented it from becoming a more violent conflict. Still, there is significant risk that the conflict will escalate and this highlights the importance of OSCE and the role it may play in resolving the Nagorno-Karabakh question.” Hopmann believes that an alignment of U.S.-Russian interests in Nagorno-Karabakh, even if partial, may be helpful here. “The OSCE absolutely has the mandate and ability to negotiate such a deal and to organize peace-keeping initiatives to ensure the conflict does not start up again. That being said, this process will be long, complicated, and expensive,” he predicts. The Future Hopmann concedes that the OSCE will remain beset for the foreseeable future with challenges largely emanating from the consensus-based decision-making process, over which any one country (including Russia) effectively has a veto. However, he remains convinced that “that doesn’t mean we shouldn’t continue dialogue. In fact, we must continue dialogue. Many people remain committed to the OSCE and its values, including some Russian diplomats – though they’re keeping a low profile at the moment. This bodes well not only for change in the OSCE, but also for Russia. Change is not impossible, and keeping the dialogue channels open is of incredible importance. Without them, when the chance to encourage positive change does appear, we will not be able to capitalize on it. We worked together immediately after the Cold War to diffuse East-West tensions and ensure a peaceful Europe. There is no reason we cannot do that again.” Professor Hopmann was interviewed by Bob Hand and Alex Tiersky, Helsinki Commission Staff.
Witness to ZAPADMonday, October 02, 2017
For months, watchers of European security have focused unprecedented attention on one, singular scheduled event: ZAPAD 2017, a Joint Strategic Military Exercise conducted by Russia and Belarus from September 14 to September 20, 2017. The author, the political-military affairs advisor for the U.S. Helsinki Commission staff, attended the final phase of the exercise as a Distinguished Visitor at the invitation of the Government of Belarus. ZAPAD 2017, the most anticipated—and, in some quarters, feared—military exercise in recent memory concluded on September 20. The extensive maneuvers by Belarusian and Russian forces took place at a number of training ranges in Belarus and on nearby Russian territory and featured a broad range of military capabilities. The planned exercise was in some ways routine; it followed a well-known Russian schedule of readiness-enhancing exercises that rotates among Russia’s military districts on a quadrennial basis (“ZAPAD,” or “West,” takes place in the Western Military District). However, unlike previous exercises, ZAPAD 2017 took place in a strategic context now defined by Russian aggression in Ukraine and Georgia—incursions that were, according to western analysts, facilitated by Russian exercise activity. The Russian leadership's track record of aggression, dismissiveness towards transparency, and geopolitical unpredictability understandably put its neighbors to the west on edge. These countries have seen prior Russian exercises serve as cover for force build-ups that enabled, for instance, the illegal attempted annexation of Crimea. Leading officials ranging from Baltic defense ministers, to the Ukrainian President, to the Secretary General of NATO raised concerns about what ZAPAD 2017 might mean for the security of Belarus' neighbors, both before the exercise and during its execution. Download the full report to learn more.
Building Cyber Confidence between AdversariesThursday, September 28, 2017
State-based cyber threats are an increasingly dominant part of the global security landscape. The Organization for Security and Cooperation in Europe (OSCE) has, in recent years, sought to play a leading role in the international system by developing confidence building measures between states to reduce the risks of cyber conflict. The cyber diplomacy at the OSCE features discussions and (voluntary) agreements among 57 participating States – including the United States and, crucially, Russia. Advocates of this approach suggest that, in the longer term, it could lead to the development of norms of state behavior in cyberspace – and thus contribute to greater stability and security in the international system. On September 28, 2017, the U.S. Helsinki Commission held a briefing on cyber diplomacy moderated by Global Security and Political-Military Affairs Advisor Alex Tiersky. The panelists—Tim Maurer, co-director of the Cyber Policy Initiative and a fellow at the Carnegie Endowment for International Peace; Jaisha Wray, Acting Deputy Director of the Office of Emerging Security Challenges in the Bureau of Arms Control, Verification and Compliance at the U.S. Department of State; and Alex Crowther, Senior Research Fellow and Director of Research at the National Defense University’s Center for Technology and National Security Policy—discussed how OSCE confidence-building measures (CBMs) might work to decrease the risk of cyber conflict. These CBMs are voluntary in nature and allow states to read one-another’s postures in cyberspace. Mr. Maurer provided the audience an overview of the state-based threats these measures seek to diminish and listed several historical examples, such as the 2007 Distributed Denial of Service (DDoS) attack on Estonia, the offensive cyber activity of the 2008 Russian invasion of Georgia, and the Stuxnet operation. He noted that, in the last decade, there has been a significant uptick in these threats, as there are 30 states that either have or are developing offensive cyber capabilities. Additionally, he applauded the groundwork the United Nations has laid towards addressing this pressing concern. Ms. Wray communicated the U.S. priority of establishing norms of responsible state behavior in cyberspace. In her view, cyber activity has a unique potential to destabilize, because of its few outside observables and distributed vulnerability. She noted that participating States of the OSCE are currently in the process of implementing the CBMs agreed upon last year. Dr. Crowther offered a national security perspective on the topic, emphasizing the importance Russian participation in confidence-building. He attributed much of the progress on this issue to the 2015 decision of the Group of Governmental Experts that existing international law applies to cyberspace. In closing, he warned of the danger that cyber-enabled operations in a world saturated with smart devices.
OSCE Debates Environmental Policy and Economic Development in PragueWednesday, September 27, 2017
By Paul Massaro, Policy Advisor From September 6 to September 8, 2017, the OSCE convened the 25th Concluding Meeting of the Economic and Environmental Forum. This annual conference brings together participating States for a wide-ranging discussion on policy as relates to the Second Dimension of the OSCE, or economic and environmental issues. The theme of the 2017 conference was “Greening the Economy and Building Partnerships for Security in the OSCE Region,” a topic selected by Austria, the current OSCE Chair-in-Office. At a time when natural disasters like Hurricanes Harvey, Irma, and Maria are devastating U.S. communities, such a discussion could not be more relevant. Add to that the joblessness and low growth rates that continue to plague many parts of the region and you have a broad debate on the issues that most impact the everyday life of citizens of the OSCE region. The Forum took the form of a series of thematic panels featuring experts drawn from the UN, the NGO community, and academia, as well as from the relevant ministries of OSCE participating States. Forum participants were particularly concerned with the effect that climate change is having on the frequency and magnitude of natural disasters, as illustrated by the extreme weather in the Caribbean and the United States. Much of the conference was devoted to discussing energy efficiency measures and renewable energy as a means to counteract the effects of burning fossil fuels on the environment. Experts agreed that energy efficiency and renewable energy are not separable concepts: the latter must be pursued to achieve the former. Participants were also deeply concerned about youth unemployment, especially in relation to violent extremism. Many participating States struggle with unemployment or underemployment, which exacerbates the factors that lead youth to radicalize. Experts discussed countering violent extremism through more flexible labor market policies as well as addressing the exploitation of unemployment or underemployment by extremist recruiters. Connectivity—transport, trade facilitation, and economic cooperation—was also discussed extensively. (Connectivity is distinct from economic integration, which envisions a deeper level of policy harmonization.) Experts and representatives from participating States generally agreed that two regions in particular could profit mightily from expanded connectivity: Southeastern Europe, or the Balkans region, where important steps toward greater connectivity are being made, and Central Asia, which remains among the regions with the lowest interregional trade in the world. The economic and environmental situation in the Eastern Donbas was also an important part of the discussion. Experts expressed severe concern that the shelling in the industrial region could lead to ecological disaster should, for example, the chemical plants that dot the area be hit and their chemicals seep into drinking water. Participants also discussed how to reestablish connectivity in this region, which once was a cohesive economic sphere. However, representatives from participating States argued that any discussion of regional connectivity would be for naught until Russia ceases its backing of militants in the region and enables a ceasefire to take effect. Generally speaking, the mood of the conference was one of consensus. Despite disagreements on certain issues, participating States tend to be of one mind when it comes to the need to prevent and prepare for natural disasters, increase energy efficiency, and encourage job and business creation, all topics that made up the majority of the discussions at the 25th Concluding Meeting of the Economic and Environmental Forum. Although minor disagreements cropped up in all of these topics, they were ephemeral and did not lead to prolonged debate. This general consensus may be a result of the fact that the arguably most controversial aspect of the OSCE’s Second Dimension, anti-corruption, was absent from all discussions. This is because this topic was addressed at the 2nd Preparatory Meeting of the 25th OSCE Economic & Environmental Forum in Astana and likely also because it was not a critical aspect of the theme of the Chair-in-Office. Nonetheless, at least a single panel on the topic would have been a welcome addition given its central importance to good governance. All in all, the Forum was a smooth and useful exercise that provided participating States with many worthwhile insights. Paul Massaro attended the conference as a representative of the U.S. Helsinki Commission.
The Parliamentary Dimension of the Human DimensionFriday, September 22, 2017
From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. The Office for Democratic Institutions and Human Rights (ODIHR) organizes the annual Organization for Security and Cooperation in Europe (OSCE) Human Dimension Implementation Meeting (HDIM), and is known for its standard-setting work in election observation as well as programs that help countries improve their implementation of OSCE commitments in the Human Dimension. Other OSCE institutions—including the OSCE Parliamentary Assembly—also have a role to play in the Human Dimension and may participate in the HDIM debates. Download the full report to learn more.
Helsinki Commission to Hold Briefing on Cyber DiplomacyWednesday, September 20, 2017
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “BUILDING CYBER CONFIDENCE BETWEEN ADVERSARIES: CAN THE OSCE HELP ESTABLISH RULES OF THE ROAD?” Thursday, September 28, 2017 2:00 PM Russell Senate Office Building Room 385 Live Webcast: www.facebook.com/HelsinkiCommission State-based cyber threats are an increasingly dominant part of the global security landscape. The Organization for Security and Cooperation in Europe (OSCE) has, in recent years, sought to play a leading role in the international system by developing confidence building measures between states to reduce the risks of cyber conflict. The cyber diplomacy at the OSCE features discussions and (voluntary) agreements among 57 participating States – including the United States and, crucially, Russia. Advocates of this approach suggest that, in the longer term, it could lead to the development of norms of state behavior in cyberspace – and thus contribute to greater stability and security in the international system. Speakers will describe the state-based cyber threats that the OSCE discussions seek to address; evaluate the development of these confidence building measures; and assess the present value and future potential of these diplomatic discussions. The following experts are scheduled to participate: Tim Maurer, Co-Director and Fellow, Cyber Policy Initiative, Carnegie Endowment for International Peace Alex Crowther, Senior Research Fellow, Center for Strategic Research, National Defense University Jaisha Wray, Acting Deputy Director, Emerging Security Challenges Office, Bureau of Arms Control, Verification and Compliance, U.S. Department of State
Preventing Modern Slavery through Education of ChildrenMonday, September 18, 2017
From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. As traffickers seek to lure adolescents into exploitation, holistic anti-trafficking education of teachers and children directly in schools is emerging as a critical tool to fight modern day slavery across the OSCE region. Education has long been used in the prevention of human trafficking, the first of “3 Ps”—prevention, prosecution, and protection—around which most of the OSCE participating States have structured their laws to combat trafficking in human beings. For instance, embassies and consulates include trafficking warnings and trafficking hotlines in information to individuals seeking visas, especially those individuals coming to be domestic servants. Tourists are educated in airports about the legal penalties of sexually exploiting vulnerable children. Flight attendants and hotel operators are trained in how to recognize and safely report potential trafficking victims. Members of the law enforcement community are educated in the procedures for identifying trafficking victims among migrant and refugee flows through programs like the OSCE Extra Budgetary Project, which successfully concluded its third training last week in Vicenza, Italy. International organizations have targeted aid for trafficking awareness education in countries where severe lack of economic opportunity makes teens extremely vulnerable to sham offers of jobs abroad. However, traffickers are increasingly preying upon children’s social vulnerability, not just economic need. Social vulnerability—such as feelings of alienation, unresolved emotional or physical abuse, learning disabilities, or unfamiliarity with a new culture and language—means that children of every socio-economic background across participating States are at risk of being taken advantage of by traffickers. Children’s often unlimited and unmonitored access to the internet can also endanger them. Traffickers scout social media with fake profiles, looking for children they can extort into trafficking. A child sends a half-naked photo to their “new friend” on social media, who then threatens to send the photos to the child’s parents and friends—unless the child does as they say. No child is immune, but some are now smarter than their would-be traffickers. Non-governmental organizations in the United States and United Kingdom have been taking prevention to new heights through programs to train children in schools how to avoid being ensnared by human traffickers. The Frederick Douglass Family Initiatives PROTECT project, and Just Enough UK, to name a few, have pioneered curricula that helps children—and their teachers—navigate the new faces and ploys of modern day slavery. Including age-appropriate, anti-trafficking education of teachers and school children in the standard curriculum for all children means that the suffering and harm caused by human trafficking can be halted early—or avoided altogether. At a recent hearing in the U.S. House of Representatives Foreign Affairs Committee, Co-Founder and Executive Vice President of the Frederick Douglass Family Initiatives, Robert Benz, observed, “The cost benefits to taxpayers, for preventing or mitigating human trafficking at an early stage, are enormous. The human benefit for preventing someone from being victimized is incalculable.” Such educational initiatives may soon benefit from new federal government grants in the United States. Helsinki Commission Co-Chairman Rep. Christopher Smith, Special Representative for Human Trafficking Issues to the OSCE Parliamentary Assembly and author of the U.S. laws that establish and fund the “3Ps”, included in the new Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act (H.R. 2200) authority for the training of teachers and students to recognize and avoid human trafficking. H.R. 2200 passed the House of Representatives in July and awaits consideration in the U.S. Senate.
Helsinki Commission Chief of Staff Meets with New ODIHR Director GísladóttirFriday, September 15, 2017
On September 13, Helsinki Commission Chief of Staff Ambassador David T. Killion met with the new Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), Ingibjörg Gísladóttir, during the 2017 OSCE Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland. Ambassador Killion stressed the Commission’s commitment to the autonomy and work of ODIHR, and highlighted several Commission priorities including fighting anti-Semitism and racism; combating trafficking in persons; promoting religious freedom; and strengthening democratic institutions. He also noted the Commission’s support for the work of the ODIHR Contact Point on Roma and Sinti Issues. Ambassador Killion urged Director Gísladóttir to continue ODIHR’s positive collaboration with the OSCE Parliamentary Assembly, noting strong Commission support for OSCE election observation. Turning to the HDIM, he emphasized the importance of the continued open participation of civil society in the event, which is a singular feature of the annual meeting. He said the Commission will continue to fulfill its mandate to monitor the participating States’ compliance with their OSCE commitments, with particular regard to those relating to human rights.
Criminal Defamation and "Insult" Laws in the OSCE RegionMonday, September 11, 2017
From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. Numerous international documents, including those adopted by the Organization on Security and Cooperation in Europe (OSCE), establish freedom of expression as a fundamental right. However, the right to free speech is not absolute. Consistent with international law, certain kinds of speech, such as obscenity, may be prohibited or regulated. When governments do restrict speech, those restrictions must be consistent with their international obligations and commitments; for example, the restrictions must be necessary in a democratic country and proscribed by law. Criminal defamation and "insult" laws are often defended as necessary to prevent alleged abuses of freedom of expression, but they are not consistent with OSCE norms and their use constitutes an infringement on the fundamental right to free speech. Despite this, criminal defamation and insult laws continue to be abused for political purposes in several OSCE participating States. Download the full report to learn more.
The 2017 Human Dimension Implementation Meeting: An OverviewFriday, August 18, 2017
Each year,1 the OSCE Office for Democratic Institutions and Human Rights (ODIHR) organizes the Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland. As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress. The 2017 HDIM will be held from September 11 to September 22. Human Dimension Implementation Meeting 2017 The HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma. Each year, three special topics are selected for a full-day review. 2017 special topics will be 1) ensuring “equal enjoyment of rates and participation in political and public life,” 2) “tolerance and nondiscrimination,” and 3) “economic, social and cultural rights as an answer to rising inequalities.” This year’s meeting will take place at the Warsaw National Stadium (PGE Narodowy), the site of the NATO summit earlier this year. The meeting will be webcast live. Background on the Human Dimension Implementation Meeting When the Helsinki Final Act was signed in Finland in 1975, it enshrined among its ten Principles Guiding Relations between Participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the Final Act included a section on cooperation regarding humanitarian concerns, including transnational human contacts, information, culture and education. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as trafficking in human beings and refugees), and concerns relating to tolerance and nondiscrimination (e.g., countering anti-Semitism and racism). One of the innovations of the Helsinki Final Act was agreement to review the implementation of agreed commitments while considering the negotiation of new ones. Between 1975 and 1992, implementation review took place in the context of periodic “Follow-up Meetings” as well as smaller specialized meetings focused on specific subjects. The OSCE participating States established permanent institutions in the early 1990s. In 1992, they agreed to hold periodic Human Dimension Implementation Meetings” to foster compliance with agreed-upon principles on democracy and human rights. Additional changes to the modalities for the HDIM were agreed in 1998, 2001, and 2002, which included shortening the meeting from three weeks to two weeks, and adding three “Supplementary Human Dimension Meetings” annually on subjects selected by the Chairmanship-in-Office on particularly timely or time-sensitive issues. One of the most notable features of the HDIM is the strong participation of non-governmental organizations. The United States has been a strong advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE modalities allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. 1 In exceptional years when the OSCE participating States hold a summit of heads of state or government, the annual review of human dimension commitments is included as part of the Review Conference which precedes the summit, and also includes a review of the political-military and economic/environmental dimensions.
Taming the OSCE’s Least-Developed Region: the ArcticTuesday, August 15, 2017
By Paul Massaro, Policy Advisor, U.S. Helsinki Commission, Dave Zwirblis, Coast Guard Fellow, Office of Chairman Roger F. Wicker, Neal McMillian, NOAA Fellow, Office of Chairman Roger F. Wicker, and Alanna Schenk, Intern, U.S. Helsinki Commission The Arctic region—with its rapidly growing ecological, political, and economic importance—is almost as large as Africa, yet it is often overlooked in critical policy debates. As an Arctic nation and one of two nuclear powers within the region, the United States is central to Arctic development and maintaining the stability of the region. Despite including all eight Arctic nations, the Organization for Security and Cooperation in Europe (OSCE) has been largely dormant when it comes to Arctic issues. However, the OSCE Parliamentary Assembly (OSCE PA) includes a Special Representative for Arctic Issues, Ola Elvestuen of Norway, and has passed resolutions on the Arctic at its Annual Sessions, including as part of the 2010 Oslo Declaration and the 2013 Istanbul Declaration. Given the growing importance of the Arctic, the OSCE has many opportunities to increase its engagement in the Second Dimension—its portfolio of economic and environmental issues—in ways that would supplement the work of the Arctic Council, the primary intergovernmental actor in the region. Economic Opportunities In the near future, there likely will be a significant rise in human activity along the Northern Route. As sea ice melts, new shipping lanes are opening up offering unprecedented access to trade routes, natural resources, and even tourism opportunities. For example, the CRYSTAL SERENITY, a 1,000 passenger luxury cruise liner, is conducting a first of its kind month-long Arctic cruise through the Northwest Passage in summer 2017. Increased maritime traffic and engagement stemming from these economic opportunities present numerous new challenges for the Arctic nations. The Arctic region remains underdeveloped and lacking in critical infrastructure. The absence of continuous and robust U.S. and international community assets means response to any type of transportation or environmental disaster in these remote areas would be extremely slow and difficult to execute. Additionally, only 4.7 percent of the U.S. Arctic and 9 percent of the total Arctic waterways are charted to modern navigation standards. Any increase in economic development and shipping in the Arctic will require cooperation from all stakeholder nations to build up the emergency infrastructure and provide the icebreaker vessels necessary to conduct pollution response and cleanup, search and rescue, and maritime security operations. Currently, the U.S. Coast Guard only has two polar icebreakers in operation. These vessels break channels through the ice to maintain shipping lanes, perform search and rescue and law enforcement operations, and act as platforms for scientific research. The Coast Guard’s oldest icebreaker and only one capable of heavy icebreaking, the POLAR STAR, was commissioned in 1976 and is operating well past its intended service life. If this vessel were to break down, it would be a single point of failure in the United States’ ability to protect its sovereign interests throughout the Arctic. According to a 2011 Coast Guard assessment, the agency will need a minimum of six icebreakers to fulfill its statutory missions in the polar regions. In an effort to recapitalize its aging icebreaker fleet, the Coast Guard plans to award a contract to a U.S. shipbuilder in 2019 with anticipated delivery of the first vessel by December 2022. Other Arctic nations, including Canada, Sweden, Finland and Demark have limited icebreaking capability as well. Russia currently owns and operates a fleet of more than 40 icebreakers. Ensuring that the increasing economic activity in the Arctic region is sustainable can only be achieved if the Arctic nations become fully engaged as soon as possible. It is imperative that this infrastructure is developed responsibly and sustainably with regard for the Arctic land and people—whether it is through low-effect shipping, sustainable shipping lanes, or science-based marine management. Throughout this economic development, engaging and involving the native Arctic peoples will be vital to integrate Arctic communities into the global economy during this time of rapid change. Environmental Challenges The way that the Arctic nations respond to the changing climate and its respective perils and possibilities will shape the world’s response to climate change and the future of international cooperation. Science and technology in the Arctic present opportunities for this collaboration. The Arctic is an emerging hotbed for scientific research. Much is still to be learned regarding ice sheets, under-ice conditions, glacial dynamics, polar ecosystems, and biodiversity. In the face of rapid ecological changes, it is vital for the international science community to come together to gather baseline information and develop the infrastructure to monitor the ecological changes. Based on temperature changes and shifts in food regimes, species are moving around the Arctic, shifting from territorial waters into the newly accessible Arctic high seas. While commercial fleets have yet to coalesce in the high-seas Arctic, the international community has the unique opportunity to develop governance frameworks and complete baseline studies in anticipation of the new fishery. In 2015, five Arctic nations—the United States, Canada, Russia, Denmark, and Norway—agreed to halt high seas fishing in the Arctic until research gaps on the condition of the emerging fisheries were better understood. Oil spill prevention and response as well as search and rescue are areas where infrastructure is minimal in the Arctic. Emergency response efforts are hindered by an absence of basic logistical support and infrastructure. Furthermore, while private companies have invested in infrastructure related to oil and gas exploration and extraction, this is not sufficient to fulfill infrastructure needs and additional investment will be required.
Reaching Consensus on Senior OSCE AppointmentsMonday, July 31, 2017
On July 18, 2017, the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE) formally approved by consensus new leaders for four OSCE institutions: Thomas Greminger (Switzerland): OSCE Secretary General. Ingibjörg Sólrún Gísladóttir (Iceland): Director of the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR). Harlem Désir (France): Representative on Freedom of the Media. Lamberto Zannier (Italy): High Commissioner on National Minorities. Following weeks of debate, the agreement was reached on the margins of an informal Ministerial Council meeting in Mauerbach, near Vienna, held under the auspices of the 2017 Austrian chairmanship. Download the full report to learn more.
2017 OSCE Gender Equality Review ConferenceWednesday, July 19, 2017
By Janice Helwig, Representative of the Helsinki Commission to the U.S. Mission to the OSCE The OSCE held its second Gender Equality Review Conference in Vienna on June 12-13, 2017. The meeting was not a traditional review conference; it did not systematically evaluate how OSCE participating States are doing in implementing their commitments, but rather offered a framework for an exchange of information and best practices among governments, international organizations, and NGOs. Austrian Federal Minister for Families and Youth Sophie Karmasin opened the conference, followed by a video address from the Prime Minister of Canada, Justin Trudeau. The conference was also addressed by the Special Representative of the OSCE Chairmanship-in-Office on Gender Issues Ambassador Melanne Verveer. The conference was held in a non-traditional format for the OSCE, which usually holds meetings with government delegates speaking from behind their country’s nameplate. It comprised concurrent panel discussions viewed by an audience, followed by a question and answer session. Panelists came from governments, the OSCE Institutions and field missions, the OSCE Parliamentary Assembly, the European Union, the United Nations, and civil society. Panelists discussed women’s participation in the security sector; women’s participation in political and public life; equal economic opportunities for women; combating violence against women; strengthening institutional mechanisms; and emerging issues and ways forward. Issues raised included the disproportionately low number of women in political decision-making positions or in military, security, and conflict management roles; the pay gap between women and men for similar work; discrimination and harassment, including of minority women; and the vulnerability of women and girls to trafficking and sexual abuse. Recommendations for areas that need more attention included improving access to and the quality of education for girls; alleviating poverty and other situations that make girls more vulnerable to trafficking and sexual exploitation; doing more to better prevent violence against women; promoting women’s participation in conflict management, mediation, and peace processes; closing the pay gap; focusing on the role of women in perpetrating or countering violent extremism and terrorism; and the need to gather more sex-disaggregated data and research to develop the most effective programs to address these issues. Several speakers also discussed OSCE efforts to promote equal opportunities for women inside the Organization, as well as to incorporate a gender perspective in its work. They noted that the OSCE has established a network of Gender Focal Points throughout all OSCE structures; raised the percentage of women working in the Organization from 35 percent in 2004 to 49 percent today; increased gender components in OSCE projects; and stepped up assistance to participating States in implementing their gender-related commitments. They recommended that the OSCE strive to increase the number of women appointed to senior level positions, provide more coaching on gender issues for OSCE management, develop a mechanism to more systematically incorporate a gender perspective in all OSCE projects and activities, ensure no all-male panels at OSCE events, and update the 2004 Action Plan for the Promotion of Gender Equality.
The OSCE Moscow MechanismTuesday, July 18, 2017
The Moscow Mechanism is a tool allowing for the establishment of a short-term fact finding mission to address a specific human rights concern in the OSCE region. It grew out of the earlier Vienna Mechanism, which was designed as a vehicle to enable participating States to raise and address specific concerns in the human dimension. Together, the two today form what is generally referred to as the OSCE Human Dimension Mechanism, although in practice, the Vienna Mechanism has largely been overtaken by the Moscow Mechanism. Download the full report to learn more.
The 2017 OSCE Asian Partners ConferenceMonday, July 17, 2017
By Janice Helwig, Policy Advisor and Representative of the Helsinki Commission to the USOSCE From June 19 to June 20, 2017, approximately 150 representatives of governments, academia, and international organizations from 41 OSCE participating States and seven Partners for Cooperation gathered in Berlin for the annual OSCE Asian Partners. The venue of the annual conference rotates among the five OSCE Asian Partners for Cooperation; however, as this year’s chair of the Asian Partners Contact Group, Germany hosted rather than Afghanistan. The conference, with a theme of “Common Challenges and Common Opportunities,” opened with a high-level session in which participants discussed security challenges in the OSCE and Asian regions. H.E. Adela Raz, Afghanistan’s Deputy Foreign Minister for Economic Cooperation, described the growing complexities of combating terrorism, including an increase in foreign terrorist fighters, links between international organized crime and terrorist financing, and the vulnerability to recruitment of unemployed and marginalized youth. The session also focused on threats stemming from North Korea’s nuclear and missile testing programs, territorial disputes in the South China Sea, and cybercrime. A second session focused on connectivity and regional economic cooperation, particularly between Afghanistan and the countries of the Central Asian region. Participants discussed various initiatives to foster trade along the historic Silk Road, including building roads, railways, and modernized ports, as well as developing digital and financial connectivity. The third session looked at three specific United Nations Sustainable Development Goals –, goal 4 on ensuring inclusive and quality education for all, goal 5 on achieving gender equality, and goal 16 on promoting peaceful and inclusive societies – and opportunities for the OSCE to support them. Common priorities discussed included increasing access to and funding for quality education, combating violence against women, and promoting human rights and the rule of law. A side event organized by the OSCE focused on a project to increase women’s participation in water management and promote confidence-building between Afghanistan and Central Asia. Women play a major role in household use of water in the rural areas of the region, but often have little say in decisions concerning water management. The OSCE project fosters the development of a regional network of female water professionals from state agencies, NGOs, research institutes, and water users associations and providing capacity building in negotiation and mediation skills.
Addressing Anti-Semitism through Intersectional AdvocacyFriday, July 14, 2017
By Dr. Mischa Thompson, Policy Advisor “[There were so many victims of the Holocaust] but we engage in competitive victimhood, where we take the oppressor’s view of a victim’s worth.” – Words into Action participant Misko Stanisic, Terraforming From June 21 to June 23, 2017, the Organization for Security and Cooperation in Europe Office for Democratic Institutions and Human Rights (OSCE/ODIHR) hosted the second in a series of workshops focused on addressing anti-Semitism. The workshop, titled “Gender and Intersectional Activism: Coalition-Building for a More Tolerant Society,” provided a forum for 50 civil society leaders to discuss their efforts to address prejudice and discrimination across the 57 European and North American countries of the OSCE. The forum was part of the OSCE/ODIHR’s “Turning Words into Action to Address Anti-Semitism” (WiA) project, which increases the capacity of countries and civil society to prevent and respond to anti-Semitism through security, education, and coalition-building measures. According to Cristina Finch, Head of the ODIHR Tolerance and Discrimination Department, the forum will also assist with “creation of a coalition-building manual that ODIHR will publish to assist civil society in these efforts.” Noting the problem of “underreporting,” the forum educated participants about OSCE/ODIHR efforts to collect hate crimes statistics, and highlighted methods by which civil society could work with local law enforcement and the OSCE/ODIHR to report hate crimes. At the forum, OSCE/ODIHR shared recent findings that indicate that while Jewish men are more likely to be victims of anti-Semitic speech or physical violence, Jewish women fear anti-Semitic attacks more. This suggests gender may play an important role in addressing anti-Semitism, prompting the need for more gender-rich and intersectional prevention efforts. For instance, Misko Stanisic of Terraforming, an organization focused on Holocaust and human rights education, noted that thousands of women participated in crimes of the Holocaust, but that gender stereotypes resulted in women often not being viewed as perpetrators, resulting in “female perpetrators [being] seldom investigated for their crimes and rarely prosecuted during the post-war trials.” He also described how socially constructed perceptions of gender, race, and other identities not only impacted who is – and who is not – included in text books and other educational tools on the Holocaust, but also how this has impacted efforts to address anti-Semitism. “[There were so many victims of the Holocaust] but we engage in competitive victimhood, where we take the oppressor’s view of a victim’s worth,” he said. Other participants highlighted the forum’s relevance to American scholar Kimberle Crenshaw’s intersectionality theory, which details how hierarchal systems of gender and race resulted in African-American women often being excluded from the mainstream feminist movement in the United States. In particular, participants discussed how efforts to address anti-Semitism and other forms of prejudice and discrimination have been stymied by approaches that have reinforced gender and other hierarchical power structures preventing men and women within communities from effectively working together. Invoking American luminary James Baldwin, Finnish journalist Maryan Abdulkarim stated, “No one is free until we are all free.” She stressed the need for more inclusive efforts that move away from a focus on differences that separate the “majority” and “minorities,” and to restore humanity by challenging harmful societal constructs and working across communities, including with the “majority” to address problems. While the forum explored the importance of inclusive approaches to addressing anti-Semitism and other forms of intolerance, some participants warned that intersectionality could become an ineffective trend if care is not taken in its implementation. Specifically, the differences between academic discussions and practice were raised. In particular, participants cited the need for clear laws, processes, and procedures that protect all, as well as equal access to justice. For example, laws and policies should be understandable to police, judges, and ordinary citizens, and straightforward to implement. Researchers, funders, and advocates should be particularly mindful as to whether their efforts advance equality, or simply check a box. The art and commentary of speaker Dan Perjovschi underscored and offered insight into the societal challenges forum participants faced in efforts to address anti-Semitism, gender and other inequities in countering prejudice and discrimination at large, and the need for their continued efforts. More Information Roundtable on Fighting Anti-Semitism Looks at Turning Words into Action OSCE/ODIHR Turning Words into Action Project
Helsinki Commission Staff Meet with OSCE Election ExpertsWednesday, July 12, 2017
By Erika Schlager, Counsel for International Law On July 11, Helsinki Commission staff met with Dame Audrey Glover, head of the OSCE election observation mission during the 2016 U.S. elections. Other members of the OSCE team included Mr. Jan Haukass (Vienna Representative of the Office for Democratic Institutions and Human Rights, or ODIHR), Dr. Richard Lappin (ODIHR-Warsaw), and Mr. Radivoje Grujic (ODIHR-Warsaw). The meeting was part of OSCE’s standard consultations following the deployment of an election observation mission. The election team also held meetings in Washington with Members of Congress and the Department of State. OSCE election observation is based on the 1990 Copenhagen Document in which the participating States agreed that “the will of the people, freely and fairly expressed through periodic and genuine elections, is the basis of the authority and legitimacy of all government.” The commitment fosters universal suffrage, equality, fairness, freedom, transparency, accountability, and secrecy of the ballot. The original proposal for a commitment to hold free and fair elections came from the Helsinki Commission in 1989 but, at that time, was unacceptable to communist countries. In 1990, as communist regimes began to fall, agreement on the new commitment was adopted and signaled the rejection of the one-party systems that had previously dominated Eastern Europe. However, implementation of this commitment continues to be restricted in some countries where civil society is limited or faces repression. OSCE election observation in the region represents the “gold standard” in international election observation. In some instances, when even the fundamental conditions for free and fair elections are lacking, the OSCE may decline to observe elections rather than give them a degree of legitimacy that is unwarranted. In 2015, restrictions imposed by the government of Azerbaijan compelled the OSCE to cancel a planned election observation mission. Some countries, such as Russia, have sought to undermine OSCE election observation by promoting observation through the Commonwealth of Independent States (CIS), a post-Soviet grouping that includes Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan and Ukraine. CIS election observers consistently praise elections that are considered to be significantly flawed by independent observers, particularly the OSCE. Helsinki Commissioners and staff have participated in well over 100 election observation missions since 1990 – the vast majority of them as members of the OSCE Parliamentary Assembly contingent that is part of the larger OSCE-led international observation missions. The Commission continues to support OSCE observation efforts, focusing on countries where resistance to democratic change remains the strongest. The Commission has also actively supported the right of domestic election observers to monitor the elections in their own countries. Learn more about OSCE election observation.
Social Media Day 2017Friday, June 30, 2017
First celebrated in 2010, Social Media Day recognizes the enormous impact social media has had on global communication. Many OSCE institutions, field missions, and related entities maintain a robust presence on social media, allowing them to share news, facilitate dialogue, and promote democracy, the rule of law, and human rights throughout the 57 participating States of the OSCE. Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) Twitter Facebook YouTube Flickr LinkedIn U.S. Mission to the OSCE Twitter Facebook YouTube OSCE Parliamentary Assembly Twitter Facebook YouTube Flickr Instagram OSCE Secretariat Twitter Facebook YouTube Instagram LinkedIn SoundCloud OSCE High Commissioner on National Minorities Twitter OSCE Office for Democratic Institutions and Human Rights Twitter Facebook LinkedIn OSCE Representative on Freedom of the Media Twitter Facebook YouTube Flickr OSCE Presence in Albania Twitter Facebook OSCE Mission to Bosnia and Herzegovina Twitter Facebook YouTube Google+ SoundCloud OSCE Mission in Kosovo Twitter Facebook YouTube OSCE Mission to Serbia Twitter Facebook OSCE Mission to Skopje Twitter Facebook OSCE Mission to Moldova Facebook OSCE Project Co-ordinator in Ukraine Facebook OSCE Special Monitoring Mission to Ukraine Twitter Facebook OSCE Office in Tajikistan Facebook
Using Technology to Protect Children from Online ExploitationThursday, June 29, 2017
Helsinki Commission Co-Chairman Rep. Chris Smith, the Special Representative for Human Trafficking to the President of the OSCE Parliamentary Assembly, has registered a supplementary item for this year’s Annual Session in Minsk, Belarus, titled, “Preventing Child Sexual Exploitation Online through Advances in Technology.” Smith’s supplementary item examines the ways protections for children have lagged behind technology, leaving children vulnerable. “Impressionable children in most of the OSCE region have unrestricted access on any web-capable device to every conceivable form of pornography—even the most violent and vile acts—and that exposure has measurable impact on their vulnerability to sexual exploitation,” Smith said. “Tragically, we are seeing children targeted and further victimized as they are exposed to pornographic websites,” said Smith. Studies Show Correlation between Youth Access to Pornography, Sexual Exploitation Similar to earlier studies, a 2016 study in the Journal of Interpersonal Violence (Stanley et. al) of 4,564 young people aged 14 to 17 found in boys a statistically significant correlation between viewing online pornography and committing sexual coercion and abuse. Importantly, this study was conducted in five OSCE participating States. A definitive study in the European Journal of Developmental Psychology (Bonino, et. al, 2006) found that adolescent girls who report viewing pornography are more likely to report being victims of sexual harassment or forced sex at the hands of male friends or acquaintances. “We are kidding ourselves if we think unrestricted access to pornography online is not harming our children,” said Smith. “We are allowing them to be actively and passively groomed for trafficking,” said Smith, referring to how child sex abusers are known to lower the defenses of children and condition children to accept sexual abuse as normal by showing children pornography. Age Verification The United Kingdom recently joined Germany, Finland, and Iceland in recognizing that unrestricted access of children to online pornography is a public health concern. In April of this year, the UK’s Digital Economy Act of 2017 became law, empowering an “age verification-regulator,” most likely the British Board of Film Classification (BBFC), to create guidelines on age verification walls for all pornographic websites viewed from within the UK. The age-verification regulator will be able to fine websites that violate the new guidelines. Ultimately, IP addresses in the UK for non-compliant websites could be shut down. The new UK law is in addition to the country’s current requirement that cell phone companies filter content unless the cell phone owner is 18 or older. “All UK mobile operators run content filtering and age verification on their networks, based on the BBFC guidelines,” said Ernie Allen, who led the Center for Missing and Exploited Children in the United States and International Center for Missing and Exploited Children for more than 25 years. “If a customer tries to access an 18+ site and has not age verified, he or she receives a notice on the site that they may not access it until they have age verified,” Allen said. Verification may be accomplished by visiting the cell phone store and showing identification, or logging into a designated website and using a credit card. Cardholders must be 18 or older to have a credit card in the UK. To make sure the card is not “borrowed” from a parent, one pound may be deducted to give notice to the credit card owner that their card has been used for age verification. The data repository already created by the UK cell phone requirements could be used to inform age verification for pornographic websites. In addition, the data repository created by the UK’s Gambling Act of 2005, which imposed age restrictions for online gambling, could also be used to verify age. Visitors to pornographic websites could enter their gambling account number, which would then be authenticated by the website. The pornography industry has recently come out with its own age verifying system, AgeID. After an account is created on AgeID, the account number would be sufficient for age verification. Other companies are offering biometric options, using apps to verify that a passport showing the appropriate age belongs to the person offering the passport as verification. “We now have the technology to protect children online,” said Allen. “A few data points sent to a third party can effectively verify age without necessarily disclosing identity.” The pending supplementary item received sponsorship from 54 parliamentarians representing 26 countries. President of the OSCE Parliamentary Assembly, Christine Muttonen, has offered her support. Since raising this issue at the St. Petersburg Annual Session in 1999, Rep. Smith has introduced or cosponsored a supplementary item or amendments on trafficking at every annual session of the OSCE PA, including on issues such as prevention of sex tourism, situational awareness for the detection of trafficking victims in transit, and corporate responsibility for trafficking in supply chains.
Mr. President, I wish to submit for the Record a report on the activity of a congressional delegation I led to Belgrade, Serbia, from July 7 to 10, to represent the United States at the 20th Annual Session of the OSCE Parliamentary Assembly. I did so in my capacity as cochairman of the U.S. Helsinki Commission.
I was joined by our colleague from New Hampshire, Senator Shaheen, who also traveled to Sarajevo, Bosnia. Senator Shaheen is also a member of the Helsinki Commission. Our colleague from Alaska, Senator Begich, also participated on the delegation but was in Dubrovnik, Croatia, as part of the official U.S. Delegation to the 6th annual Croatian Summit of regional political leaders and European officials.
As the report details, the Parliamentary Assembly of the Organization for Security and Cooperation in Europe, or OSCE PA, has been an excellent opportunity for the U.S. Congress to engage our European friends and allies, and to make clear to less friendly countries that our ties to the continent will not be diminished.
U.S. engagement also provides a means for us to advance U.S. interests by encouraging Europe to focus more on policy issues of concern to us, from democratic shortcomings within Europe such as Belarus to the new challenges and opportunities coming from North Africa and the Middle East and other parts of the world.
The revised Senate schedule made us miss the opening days of the Belgrade meeting, but we made up for that with an intensive schedule from Friday to Sunday. All three U.S. resolutions and most of our delegation's amendments to resolutions were adopted, including a resolution I submitted on political transition in the Mediterranean region and amendments welcoming the arrest of at-large war crimes indictee Ratko Mladic and calling for Turkey to allow the Ecumenical Patriarch to open a theological school in Halki.
Senator Shaheen and I also used the opportunity of visiting Belgrade to encourage progress in Serbia's democratic transition. We met with President Tadic as well as the Speaker of the Serbian National Assembly, the chief negotiator in the technical talks on Kosovo-related issues, representatives of civil society, and of Serbia's Romani and Jewish communities.
We came away from our visit impressed with the progress Serbia has made thus far. While there are lingering manifestations of the extreme and violent nationalism from the Milosevic era of the 1990s, I believe there is a genuine commitment to overcome them. We should support those in and out of government in Serbia who turn this commitment into action.
Mr. President, I ask unanimous consent to have printed in the Record the Report to which I referred.
There being no objection, the material was ordered to be printed in the Record, as follows:
Report of the US. Congressional Delegation (CoDel Cardin) to Belgrade, Serbia; Sarajevo, Bosnia-Herzegovina; and Dubrovnik, Croatia July 7-10, 2011
Senator Benjamin L. Cardin (D-MD), Helsinki Commission Co-Chairman, and fellow Senator and Commissioner Jeanne Shaheen (D-NH) traveled to the 20th Annual Session of the Organization for Security and Cooperation in Europe Parliamentary Assembly (OSCE PA), held in Belgrade, Serbia, from July 6-10, 2011. The senators were able to do this despite a U.S. Congressional schedule that precluded House Members from traveling to the meeting and curtailed Senate attendance to only three of the session's five days. Three resolutions and more than one dozen amendments to various resolutions initiated by the United States Delegation were nevertheless considered and passed by the Assembly. Senator Shaheen was also able to make a one-day visit to neighboring Bosnia-Herzegovina, and both Senators were able to link with their colleague, Senator Mark Begich (D-AK), attending the Croatian Summit of regional political leaders held in Dubrovnik, Croatia.
THE OSCE PA
The Parliamentary Assembly was created within the framework of the OSCE as an independent, consultative body consisting of 320 parliamentarians from the 56 participating States, stretching from Central Asia and Russia across Europe and including the United States and Canada. Annual Sessions are the chief venue for debating international issues and voting on a declaration addressing human rights, democratic development, rule-of-law, economic, environmental and security concerns among the participating States and the international community.
The Parliamentary Assembly adopts its declaration by majority voting for resolutions coming from three committees dealing with political/security, economic/environmental and democracy/human rights issues respectively, in addition to other resolutions introduced by delegations to supplement these texts. Following the amendment of these resolutions also by majority voting, this generally allows for considerable verbiage to be accepted each year but also for franker language addressing controversial or new issues to be included than the OSCE itself can achieve on the basis of consensus among the 56 participating States. The heavy focus of OSCE diplomats on issues like trafficking in persons and combating intolerance in society is rooted in initiatives originally undertaken by the parliamentarians in the Assembly.
Having the largest delegation with 17 members, the United States historically has played a key role in OSCE PA proceedings, and there has been robust congressional participation since the Assembly's inception two decades ago. This engagement is reassuring to friends and allies in Europe while ensuring that issues of interest or concern to U.S. foreign policy are raised and discussed. In addition to representing the United States as delegates, members of the Helsinki Commission have served as OSCE PA special representatives on specific issues of concern, committee officers, vice presidents and the Assembly president.
THE TWENTIETH ANNUAL SESSION
This year's Annual Session was hosted by the National Assembly of Serbia and held in Belgrade's Sava Center, the 1977-78 venue for the first follow-up meeting of the diplomatic process that was initiated by the 1975 signing of the Helsinki Final Act and is the OSCE today. During various interventions at the session, note was made not only of the vast changes in Europe since that time but also in Serbia, which was then a constituent republic of the former Yugoslavia but is today an independent state making progress in democratic development after overcoming more than a decade of authoritarian rule and extreme nationalist sentiment.
A meeting of the Standing Committee--composed of OSCE PA officers plus the heads of all delegations--met prior to the opening of the Annual Session. Chaired by OSCE PA President Petros Efthymiou of Greece, the committee heard numerous reports on the activities of the past year, endorsed a budget that has remained frozen for a fourth consecutive fiscal year, and approved for consideration at the Annual Session 25 of the 26 items introduced by various delegations to supplement the committee resolutions. Only an Italian draft on Asbestos Contamination failed to achieve a 2/3 vote approving its consideration.
With approximately 230 parliamentarians in attendance, the opening plenary of the Annual Session featured a welcome by Serbian Prime Minister Mirko Cvetkovic and National Assembly Speaker Slavica Djukic-Dejanovic and reports by the OSCE Chair-in Office, Lithuanian Foreign Minister Audronius Az 0ubalis, and the newly appointed OSCE Secretary General, Lamberto Zannier of Italy. Zannier welcomed the OSCE PA's interest in fostering closer cooperation with the OSCE Permanent Council in Vienna and committed himself to facilitating greater PA engagement through his leadership of the OSCE Secretariat and coordination with its institutions.
In his own remarks, PA President Efthymiou noted the "spirit of Helsinki'' which developed at the Belgrade meeting more than three decades ago and lamented the crisis in which the OSCE finds itself today. He called for significant changes to the operations of the Vienna-based organization to make it more effective and relevant in addressing the political and security issues of today. The theme for the Annual Session--Strengthening the OSCE'S Effectiveness and Efficiency, a New Start after the Astana Summit--was chosen to address this matter in light of last December's summit meeting in Astana, Kazakhstan, which had heightened the political attention paid to the OSCE's work.
The following three days were devoted to committee consideration and amendment of the three resolutions and 21 supplementary items, and plenary consideration of the four additional supplementary items. Two additional resolutions were defeated in the process. The first was another initiative of an Italian delegate focusing on crimes causing serious social alarm, which lacked significant support. The second originated with the Belgian delegation on enlarging the OSCE's Mediterranean Partners for Cooperation to include Lebanon and the Palestinian National Authority (PNA). The latter was lost in a close vote after being heavily debated by those who advocate wider engagement in the long-term and those who questioned the timing of taking such an initiative. A number of parliamentarians felt it inappropriate for the OSCE to solicit interest by the Lebanese Government and the PNA while they are both under leadership that does not embrace OSCE principles. Some of the resolutions which did pass examined the deplorable human rights situation in Belarus, the unresolved conflict in Moldova, gender issues in the OSCE and the participating States, national minority concerns including the plight of Roma, cyber security, as well as combating violent extremism, transnational organized crime, and human trafficking for labor and organs.
U.S. INITIATIVES IN BELGRADE
Despite its small size, the U.S. Delegation remained very active in the deliberations, introducing three resolutions of its own, working closely with the delegation of the Netherlands on a fourth, and suggesting over a dozen amendments to various texts. All four of these resolutions were adopted, as were all but two of the U.S. amendments.
Co-Chairman Cardin's major initiative was a resolution on Mediterranean Political Transition, which directs the OSCE and its participating States to make their expertise in building democratic institutions available to Mediterranean Partner States: Algeria, Egypt, Israel, Jordan, Morocco and Tunisia. The resolution specifically encouraged the interim governments of Egypt and Tunisia to make a formal request for OSCE support following their consultations with the OSCE Office for Democratic Institutions and Human Rights (ODIHR). It also called for an OSCE civil society forum to be hosted by a Mediterranean Partner State later this year. The Senator collaborated with the head of the Spanish delegation on numerous additional amendments to demonstrate the real priority this should be for the organization, and the initiative received widespread praise among the delegates. "We have all been inspired by the movements for freedom and change sweeping across the Middle East and North Africa,'' Senator Cardin noted while introducing the resolution, "and we support the citizens of the countries in the region as they demand respect for their basic human rights, economic opportunity, and open and responsive government ..... The OSCE and our Parliamentary Assembly have substantial capacity to assist our Mediterranean Partners..... We also must condemn in the strongest terms the unbridled violence unleashed by the governments of Libya and Syria against their own citizens.''
Though not in attendance, Commission Chairman Christopher H. Smith (R-NJ) introduced two resolutions for the Assembly's consideration that also were adopted. The first dealt with Combating Labor Trafficking in Supply Chains, urging governments to ensure that all goods they procure are free from raw materials and finished products produced by trafficked labor and to press corporations to independently verify that their supply chains are free of exploitation. The resolution also sought to raise consumer awareness about industries more likely to use trafficked labor. Two strengthening amendments authored by Co-Chairman Cardin were adopted. The amendments welcomed a recent OSCE meeting on the issue and urged diplomats to pass a declaration on the matter during a meeting of OSCE foreign ministers later this year.
The second Smith Resolution focused on International Parental Child Abductions and passed without amendment. Its core focus was to press OSCE States to become parties to the 1983 Hague Convention on the Civil Aspects of International Child Abduction and to implement its provisions. The resolution also urged that parental child abduction be considered at the 2011 OSCE Ministerial Council in Vilnius this December.
Ranking House Commissioner Alcee L. Hastings (D-FL), who serves as the Parliamentary Assembly's Special Representative on Mediterranean Affairs, collaborated with OSCE PA Special Representative on Migration Kathleen Ferrier of the Netherlands on countering racism and xenophobia in Europe with measures to foster inclusion of affected communities. Noting that 2011 has been designated the International Year for People of African Descent, the resolution included a focus on racial bias against citizens and migrants of African descent, and called for specific measures to be taken by OSCE institutions to address reported increases of racial and ethnic discrimination in the OSCE region. The resolution also emphasized the importance of integrating ethnic minorities into economic and political life through capacity building partnerships between the public and private sector. The resolution passed with widespread support.
Supported by Senator Shaheen, Co-Chairman Cardin covered several smaller and more detailed issues with amendments, such as one welcoming the arrest in Serbia of at-large war crimes indictee Ratko Mladic, another urging Turkey to allow the reopening of the Ecumenical Orthodox Patriarchate's Theological School of Halki without condition or further delay, and another supporting greater transparency in the energy sector. Working with a German delegate, Senator Cardin also succeeded in removing language from a Serbian resolution which politicized the issue of investigating an organ-trafficking case that originated in neighboring Kosovo during the 1999 conflict. Serbian officials lobbied the PA Assembly directly and through the media to accept the resolution's call for the United Nations to conduct the investigation, contrary to the efforts being undertaken by the U.S. and EU to proceed through an already established EU rule-of-law mission. The U.S.-supported amendment was successful in designating the EU entity and the U.N. Mission in Kosovo as responsible for the investigation. There was insufficient support, however, for a U.S. amendment welcoming EU efforts thus far.
During the course of debate, Co-Chairman Cardin also suggested granting Mediterranean Partner countries a greater ability to participate in OSCE PA sessions through changes to Assembly rules. He also highlighted U.S. policy on cyber security in the vigorous debate of a resolution which in some respects diverged from the U.S. approach. In his capacity as an OSCE Vice President, the Senator, as an urgent matter, also supported consideration of a resolution focused on the lack of transparency in the OSCE during the recent selection of a new Secretary General. Language on this matter was also included in the final declaration.
SELECTING THE OSCE PA LEADERSHIP FOR THE COMING YEAR
In addition to hearing closing comments from Serbian Foreign Minister Vuk Jeremic and adopting the final declaration, the parliamentarians attending the Annual Session voted for contested seats in the Assembly's leadership. President Efthymiou was unopposed, as was Treasurer Roberto Battelli of Slovenia, and both were re-elected by acclamation. In a race among six candidates for three of the nine Vice President positions, Wolfgang Grossruck of Austria was re-elected, with Walburga Habsburg-Douglas of Sweden and Tonino Picula of Croatia elected for the first time. Senator Cardin has one additional year in his term as Vice President and is not eligible for another re-election.
Committee officers saw more dramatic changes, with only one officer retaining his position as committee chair. Others moved to higher positions within the committees or ran for the three Vice President seats. Unfortunately for the U.S. Delegation, Representative Robert B. Aderholt (R-AL), a Helsinki Commissioner, did not win his second re-election bid as a committee Vice Chair due to his inability to be in Belgrade. He was unsuccessful in fighting off a challenge by a French delegate who entered the race at the last minute.
SIDE EVENTS IN BELGRADE
In addition to the formal proceedings, OSCE PA meetings often offer the possibility for delegations to sponsor side-events on issues needing additional attention. A luncheon focusing on gender issues in the OSCE is held annually, including in Belgrade. Non-governmental organizations may also hold their own events and invite the delegates to participate. In Belgrade, a coalition held a session on continued use of torture in OSCE States, with a focus particularly on the situation in Kyrgyzstan following the ethnic violence in 2009. Delegation-sponsored events in Belgrade included one on human rights abuses in Belarus, one on cases of alleged trafficking in human organs in Kosovo and elsewhere, and one featuring a film on two Jewish sisters in Serbia who escaped the Holocaust during World War II. With Senator Shaheen and U.S. Ambassador to Serbia Mary Burce Warlick in attendance, Senator Cardin participated in the latter event with opening comments on the work of the Vienna-based organization Centropa, which prepared the -film. Delegation staff attended most of the other side events as well.
BILATERAL MEETINGS WITH SERBIA AND A SIDE-TRIP TO BOSNIA-HERZEGOVINA
While the delegation travelled to Belgrade principally to represent the United States at the OSCE PA Annual Session, the Helsinki Commission leadership regularly uses this travel to discuss bilateral issues with the host country and to visit nearby countries of concern. In Serbia, the delegation met with President Boris Tadic, National Assembly Speaker Slavica Djukic-Dejanovic, and chief negotiator for technical talks on Kosovo Boris Stefanovic. Ambassador Warlick briefed the Senators and attended the meetings.
Evident in the bilateral meetings was the progress Serbia was making in its internal political transition and attainment of European integration. Serbian officials made clear they were committed to overcoming the nationalist legacy of the Milosevic era, strengthening Serbia's democratic institutions and encouraging greater respect for the rule of law. While there are clear differences between the United States and Serbia regarding Kosovo, the officials asked for an expression of congressional support for agreements being reached in technical talks between Belgrade and Pristina that were of direct benefit to the people and brought an increased sense of regional stability, as well. They also stressed their support for Bosnia-Herzegovina's unity and territorial integrity. The U.S. Delegation welcomed Serbia's approach and encouraged Belgrade to curtail the activity of parallel Serbian institutions in northern Kosovo which are currently the greatest source of instability in the region. The message was amplified throughout the region by a VOA interview conducted with Senator Cardin.