Chairman Hastings Denounces Unchecked Power Granted To Hungary’s Prime Minister OrbanThursday, April 02, 2020
WASHINGTON—Following the Hungarian Parliament’s decision on Monday to accept Prime Minister Viktor Orban’s request for unlimited power to rule by decree in response to the coronavirus pandemic, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “Prime Minister Orban has taken gross advantage of the fear and uncertainty brought on by a global pandemic to secure the power to rule by decree in perpetuity. Instead of focusing on the well-being of Hungarian citizens likely to suffer from the coronavirus, he has chosen to prioritize preserving his parliamentary majority and permanently consolidating his control of the Hungarian Government. “At both the global and national levels, defeating the coronavirus will require extraordinary social solidarity, not unchecked executive power. The further concentration of powers in Hungary will only pave the way for the further concentration of corruption.” Among other provisions, the new law allows for up to a five-year prison sentence for spreading false or distorted information regarding the fight against the coronavirus, which could be used against journalists reporting on the state of Hungary’s hospitals or health care delivery. The law also suspends elections. Hungary has recently completed a cycle of elections (parliamentary, European Parliament, and municipal) with no other major elections scheduled until 2022. In the meantime, by-elections and referenda are prohibited. The law, which lacks a sunset clause, may only be repealed by a two-thirds vote of parliament, or terminated by the Prime Minister himself. In 1991, Hungary—along with all other OSCE participating States—adopted the Moscow Document in the aftermath of a coup attempt in Russia. The agreement includes specific provisions on states of emergency. In particular, the OSCE participating States agreed to “in conformity with international standards regarding the freedom of expression, take no measures aimed at barring journalists from the legitimate exercise of their profession other than those strictly required by the exigencies of the situation.” On March 30, OSCE Office for Democratic Institutions and Human Rights (ODIHR) Director Ingibjörg Sólrún Gísladóttir warned that emergency legislation being adopted by governments across the OSCE region, including Hungary, must include a time limit and guarantee parliamentary oversight. Since 2010, Viktor Orban has systematically dismantled a system of checks and balances, facilitating the consolidation of control by the Fidesz government. In April 2019, the Helsinki Commission hosted a briefing to explore developments in Hungary, including issues related to the rule of law and corruption.
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E.U. Tries Gentle Diplomacy to Counter Hungary’s Crackdown on DemocracyTuesday, March 31, 2020
European leaders were reluctant to pick a fight with Prime Minister Viktor Orban a day after he secured powers to rule by decree indefinitely. BRUSSELS — The European Union’s written response to Hungary’s effective suspension of democracy omitted one important word: Hungary. A day after the Hungarian Parliament passed sweeping emergency measures allowing the far-right populist leader Viktor Orban to rule by decree indefinitely, ostensibly as part of the country’s response to the coronavirus, the European Commission on Tuesday reminded its members to respect rights. But it was a muted first response from the one institution that can take on Mr. Orban, and it appeared aimed at balancing the political imperative of cooperation in the era of the coronavirus with the risk of emboldening him. “It’s of utmost importance that emergency measures are not at the expense of our fundamental principles and values,” Ursula von der Leyen, the president of the European Commission, said in a statement that made no mention of Mr. Orban or Hungary. The European Commission is the European Union’s executive branch, and it often describes itself as “the guardian of the treaty” that created the bloc of 27 democracies. But Mr. Orban has long been in an open struggle with parts of that treaty. He has said frankly that he does not believe in liberal democracy — which the European Commission says is fundamental to the European Union’s values. The severe measures adopted Monday in Budapest may dramatically ratchet up the confrontation between the Orban government and European Union institutions in Brussels. Hungary’s new legislation suspends elections and also allows the prime minister to suspend existing laws and rule by decree. One vaguely worded section also says that people found to be spreading “falsehoods” or “distorted truths” that obstruct the authorities from protecting the public may be punished with prison sentences of up to five years. That new tool that may allow Mr. Orban to further curb the press freedoms long in his cross hairs. To be sure, in the face of the epidemic, European countries have all to lesser or greater extent adopted emergency measures curbing liberties, including measures that require citizens to register any movement and observe curfews. But Hungary’s new rules are the most far reaching. And rights experts, political analysts and academics say that, given Mr. Orban’s track record and espousal of “illiberal democracy,” the measures he says he is taking to fight the virus could become fixtures in Hungarian public life, used to crack down on opposition well after the threat of the virus passes. European Union officials believe that the statement issued Tuesday, which came from Ms. von der Leyen personally, sent a clear message to Mr. Orban — even without naming him. European Commission lawyers are now closely watching how he enforces Hungary’s new measures, the officials said. But they said that now — as Europe battles to stem the spread of the virus and mitigate its catastrophic economic damage, and with many nations suspending some liberties — was not the moment to pick a fight with just one member. That measured approach surprised some observers, despite the fact that the commission often takes a conciliatory stance toward wayward members in a bid to entice them to reform voluntarily. (That has never worked with Hungary.) “It is bizarre,” Daniel Freund, a member of the European Parliament who belongs to the German Greens political party, said of Ms. von der Leyen’s statement. “The decision that the Hungarian Parliament took yesterday is a watershed moment,” Mr. Freund said. “Now you have to do something, or we really lose democracies.” Mr. Freund and other members of the European Parliament believe that even before the European Commission opens a formal investigation into Hungary’s new law, which would take months, it should use existing rules to put pressure on Mr. Orban. “If we end up after the crisis with a virus well fought but democracy lost in several member states, that’s an unacceptable situation,” Mr. Freund said. Daniel Kelemen, a professor European Union politics and law at Rutgers University, said the epidemic could prove an opportunity for the Hungarian leader. “Throughout his consolidation of power, Orban has counted on the European Union to be distracted with other crises,” he said. “But now,” Mr. Kelemen said, “the scale of this crisis does call for consolidation of power for the executive, so it gives him more effective cover for this next stage of escalation.” Mr. Orban’s hold on power was unparalleled by European Union standards well before Monday’s vote authorizing him to rule by decree. In practical terms, Mr. Orban and his allies already controlled the legislative and executives branches of government, and had stacked the Constitutional Court. With Mr. Orban’s parliamentary opposition unable to slow his political machine, the European Union has shown itself to be the only entity capable of curbing his power, but the results have been mixed. Lengthy and cumbersome European Union legal proceedings could not stop Mr. Orban and his allies from taking over the Hungarian media landscape, weakening the independence of the judiciary, levying a special tax on nongovernmental organizations receiving foreign funding, or ejecting the Central European University from the country. In the end it may be Mr. Orban’s love for European financial aid, not freedoms, that acts as a brake on his government. “Aware that the European Union is watching, Orban is likely to tread modestly at first,” said Mujtaba Rahman, the head of Europe at Eurasia Group consultancy. “He will not wish to put at risk the €5.6 billion windfall granted to Hungary by the European Parliament last week as its portion in the union’s efforts to battle the coronavirus." President Trump has warmly embraced Mr. Orban. Mr. Trump’s ambassador in Hungary has spoken glowingly about Mr. Orban’s grip on power and said that Mr. Trump would love to have the powers of his Hungarian counterpart. But Mr. Orban’s autocratic tendencies have long alarmed others in Washington, particularly lawmakers who serve on the Commission on Security and Cooperation in Europe, known as the Helsinki Commission. A congressional delegation visited Hungary last year to investigate democratic backsliding.
Reflecting on ChechnyaFriday, March 13, 2020
By Mia Speier, Max Kampelman Fellow On December 11, 1994, Russian forces advanced into Chechnya, a republic in the North Caucasus near Georgia and Azerbaijan, to stop an attempt at secession. A Chechen separatist movement started to gain momentum following the collapse of the Soviet Union and the Russians refused to allow any chance at separation. This marked the start of the First Chechen War, a conflict that erupted after decades of hostilities between the former Soviet government and the Chechen forces. The war dragged on for nearly two years, destroying the capital city of Grozny and killing tens of thousands of people—mostly civilians. The conflict, which started as an internal national movement, was complicated by flows of foreign money and foreign fighters. Militant Islamists joined the fight against Russia during the latter half of the war as part of a declared global jihad. Officials in Russia feared a repetition of the violence that occurred during the Soviet war in Afghanistan nearly a decade prior. Though Russia withdrew from Chechnya for a short time after the first war, the Second Chechen War broke out in 1999. This second war began after Putin blamed Chechen secessionists for bombings that killed Russian civilians, although there was no evidence of Chechen involvement in the bombings. Russian forces were sent into the republic again, and the Russian government succeeded in putting Chechnya under its control. Since then, the region has been a republic of Russia and is governed by Putin-appointed president Ramzan Kadyrov. Amid the conflict, however, the international community took steps to confront Russian aggression and violence in the region. On March 13, 1997, the U.S. Helsinki Commission convened a hearing called “The Future of Chechnya,” to discuss the efforts of Chechen citizens to free themselves from Russia’s painful yoke and fight back against Moscow’s defiance of international principles and the rule of law. The Helsinki Commission hearing focused on the 1994 Organization for Security and Cooperation Budapest Document that requires all participating States, including Russia, to ensure that their armed forces are commanded in a way that is consistent with international law. At the time of the hearing, an estimated 30,000 to 80,000 people had died in the territory, and tens of thousands of citizens had been displaced. The violence against and displacement of citizens in Chechnya was a clear violation of the Budapest Document. Then-Chairman Rep. Alfonse M. D’Amato chaired the hearing and noted that though many people were paying attention to the ongoing conflict in Bosnia at the time, it was important to also pay attention to the conflict in Chechnya and, more specifically, to think about the role of the OSCE in the region. “The world watched, horrified, as the Russian military used massive firepower against the Chechen guerrillas,” D’Amato said. “While the international community recognizes the principles of territorial integrity, there can be no doubt that in its effort to keep the Chechens in the Russian Federation, the Russian Government violated recognized international principles.” Since 1997, the Helsinki Commission has held several other public events related to human rights abuses, arbitrary arrests, abductions, and disappearances and the plight of Chechen refugees. In 2003, the commission penned a letter to then-Secretary of State Colin Powell urging the U.S. delegation at the United Nations Commission on Human Rights in Geneva to express concern over reported rights violations in Chechnya. Though it has been nearly 30 years since the First Chechen War, the situation in Chechnya remains bleak. In 2017, Congress passed a bipartisan resolution condemning widespread anti-LGBT persecution and violence in Chechnya after it was revealed that state law enforcement officials beat, imprisoned, and murdered hundreds of men perceived to be gay or bisexual. In June 2018, then-Chairman (and current Co-Chairman) Sen. Roger Wicker and Sen. Benjamin Cardin penned a letter to Secretary of State Mike Pompeo urging the United State to invoke the OSCE’s Moscow Mechanism in response to escalating human rights abuses in Chechnya. The Moscow Mechanism allows for the establishment of a short-term fact-finding mission to address a specific human rights concern in the OSCE region. In November 2018, the 16 of the 57 OSCE participating States invoked the Moscow Mechanism to investigate the alleged disappearances, killings, and torture taking place in Chechnya—all of which were concerns raised at a Helsinki Commission hearing just months prior. Though Russia failed to cooperate with the fact-finding mission, the resulting report concluded that the evidence clearly confirmed the allegations of very serious human rights violations and abuses in the Chechen Republic of the Russian Federation. Today, multiple reports of journalists and bloggers in Chechnya being beaten or murdered calls for even more concern for individual freedom and civil liberties in the region. In early February, Yelena Milashina, a prominent Russian journalist and lawyer who exposed the cruelty against gay Chechen men, was beaten in Grozny. Imran Aliev, an outspoken Chechen blogger who criticized President Ramzan Kadyrov, was found murdered in France earlier this year. Aliev’s death is one of many deaths and disappearances in recent years of Chechen dissidents throughout Europe, sparking heightened fears of Chechen death squads hunting down those seeking asylum outside of the republic.
Helsinki Commission Leaders Commend Political Compromise in GeorgiaFriday, March 13, 2020
WASHINGTON—After a March 8 announcement that Georgia’s political leadership reached a deal paving the way for the adoption of compromise electoral reforms ahead of the October 2020 parliamentary election, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) released the following statements: “Debate and compromise, two hallmarks of democracy, have rebuilt hope that Georgia’s leaders can bridge divisions and meet the demands of the people for accountability in electoral processes and outcomes,” Chairman Hastings said. “Having led an international election observation mission to Georgia, I commend the hard work it took to reach this agreement and the role of international ambassadors, particularly U.S. Ambassador Kelly Degnan, in facilitating it. As the agreement’s implementation proceeds, I hope to see prioritization of the parties’ joint commitment to address perceptions of politically-motivated criminal charges in recent months.” During the January 2008 presidential election in Georgia, Chairman Hastings served as head of the OSCE PA election observation mission and was appointed by the OSCE Chairman-in-Office as the Special Coordinator leading all OSCE short-term observers. “As a longtime champion of the United States’ strategic partnership with Georgia, I am glad to see Georgia’s political leaders take the path of dialogue to resolve this months-long crisis,” said Co-Chairman Wicker. “The coming months should serve as an opportunity for the Georgian people to regain confidence in the ability of their democratic institutions to represent their voices and render independent justice.” In December 2019, Co-Chairman Wicker sent a letter to Georgian Prime Minister Giorgi Gakharia urging the ruling Georgian Dream party to address growing public discontent with preparations for the 2020 national election and a string of decisions that undermined public confidence in the rule of law. Since November, Georgia has been embroiled in a political crisis sparked by the surprise defeat in parliament of constitutional amendments that would have transitioned the country to a fully proportional electoral system for 2020 parliamentary elections. In response to a political crisis last summer, Georgian Dream Party Chairman Bidzina Ivanishvili pledged his party would pass the amendments, which enjoyed broad support from Georgian political factions and international democracy advocates. Despite this pledge, a group of Georgian Dream parliamentarians voted last month to scuttle the proposal, prompting angry reactions across the Georgian political spectrum. This political controversy coincided with criminal prosecutions against several prominent opposition figures that created the appearance of selective enforcement of the law. Georgian Dream parliamentarians also disregarded an opposition boycott last week to approve 14 justices to lifetime appointments on the Supreme Court despite serious questions about some of their legal qualifications.
Restrictions on Civil Society in HungaryFriday, February 28, 2020
Since returning to power in 2010, Viktor Orban has systematically dismantled a system of checks and balances, facilitating the consolidation of control by the Fidesz government, which is now in its fourth (third consecutive) term. This has included introducing significant changes to the legal framework for parliamentary elections; stripping hundreds of faiths of their state recognition in 2011 and then channeling money to religious groups that do not challenge government positions (increasing dependence of those groups on the state); overseeing the consolidation of most Hungarian media, first into the hands of government-tied oligarchy and then into a single foundation exempt from anti-trust regulation; and eroding judicial independence by, for example, expanding and packing the constitutional court. In light of restrictions imposed on political opposition, faith organizations, the media and the judiciary, the role of Hungarian civil society in holding the government to account (by, for example, suing the government for non-compliance with the Hungarian constitution or Hungary’s international legal commitments) has taken on heightened importance. At the same time, civil society organizations have become the targets of escalating rhetorical attacks and legislative restrictions, including laws that significantly lower the bar for what it takes to jail people who seek to exercise their freedoms of speech, assembly, and association. Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law and Daniela Ondraskova, Max Kampelman Fellow
Human Rights and DemocracyWednesday, January 29, 2020
For nearly three decades, the Organization for Security and Cooperation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) has been at the forefront of efforts to promote human rights and democracy throughout the 57-nation OSCE region. Although best known for international election observation, ODIHR has also been instrumental in countering various forms of intolerance, helping governments combat human trafficking, protecting human rights defenders, and implementing OSCE commitments to fundamental freedoms. The U.S. Helsinki Commission convened the hearing to demonstrate bipartisan support for ODIHR, to reinforce the U.S.’s support related OSCE initiatives, and to hear about the ongoing work of ODIHR. Commission Ranking Member Rep. Joe Wilson (SC-02) chaired the hearing and was joined by Commissioners Rep. Robert Aderholt (AL-04), Rep. Steve Cohen (TN-09), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. Wilson’s opening remarks highlighted the historic achievements of ODIHR, which include assisting countries to “transition from communism to democracy,” supporting “civil society participation in OSCE events,” and facilitating “strong cooperation with the Parliamentary Assembly.” In her first appearance before Congress, ODIHR Director Ambassador Ingibjörg Sólrún Gísladóttir addressed multiple challenges that have impeded the effectiveness of ODIHR activities. She then outlined ODIHR’s role in offering proactive solutions. In particular, Ambassador Gísladóttir stressed the importance of dialogue and asserted that democracy is about “respect and trust, an acceptance of differing opinions, an exchange of views, and the willingness to share power and seek compromise.” She concluded on an optimistic note, emphasizing unity within the OSCE and its “commitment to democracy and to the wellbeing of its people.” Although conscious of ODIHR’s efforts, commissioners voiced concerns that some OSCE participating States are not complying with their commitments to uphold basic human rights standards. Commissioners specifically acknowledged restrictions on religious freedom in Russia, poor conditions for activists and journalists, and rising anti-Semitism and discrimination against the Roma people across the region. This hearing continued the Helsinki Commission practice of regularly engaging with senior OSCE officials.The Commission typically holds hearing with the foreign minister of the country holding the rotating chairmanship of the OSCE. The Commission has also held hearings with previous ODIHR directors as well as the OSCE Representative on Freedom of the Media.
Life Under OccupationTuesday, January 28, 2020
Nearly six years into Russia’s illegal occupation of Crimea, the human rights situation there continues to deteriorate. Russian authorities have restricted freedom of speech and assembly, suppressed civil society activity, persecuted religious and ethnic minorities, muzzled dissent, and continue to implement an aggressive process of “Russification” toward residents of the peninsula. The U.S. Helsinki Commission convened the hearing to explore Russia’s ongoing assault on Crimea’s vulnerable minorities, as well as its blatant disregard for human rights. As an occupying power, Russia bears the full weight of responsibility for the abuses being inflicted on the population of Crimea. Panelists discussed Russia’s repression of basic freedoms in Crimea and persecution of those who don’t recognize Russian authority. Commission Chairman Rep. Alcee L. Hastings (FL-20) chaired the hearing and was joined by Commission Co-Chairman Sen. Roger Wicker (MS) and commissioners Sen. Sheldon Whitehouse (RI), Rep. Robert Aderholt (AL-04), and Rep. Marc Veasey (TX-33). Chairman Hastings’ opening remarks addressed Russia’s attempts to stymie Ukraine’s relationship with the European community and the brutal tactics used throughout Crimea’s occupation. Hastings shed a light on the harsh reality of Russia’s continued occupation, which is “aimed at forcing a proud people into submission, whether they be civil society activists, community or religious leaders, artists, journalists, or simply those whose religion and ethnicity are viewed with distrust and fear.” This hearing featured testimony from Oleg Sentsov, a Ukrainian writer and filmmaker who was sentenced to 20 years in jail by a Russian court on trumped-up charges of terrorism in 2014. In 2018, Sentsov became a worldwide symbol of defiance and courage when he launched a hunger strike on behalf of all Ukrainian political prisoners being held by Russia. He was released in September 2019. Tamila Tasheva, Deputy Permanent Representative of the President of Ukraine in the Autonomous Republic of Crimea, and Melinda Haring, Deputy Director of the Atlantic Council’s Eurasia Center, also served as witnesses. Sentsov addressed Russia’s “fabricated legal cases” and “long-term imprisonment” against those who simply think differently. He also testified about the various forms of torture he endured in a Russian prison. Sentsov voiced his appreciation for the United States’ continued efforts to counter Russian aggression in Ukraine and asked that Congress maintain pressure on the Putin regime. Tasheva focused her testimony on Russia’s persecution and internal displacement of “disloyal” groups, specifically the Crimean Tatars. Tasheva also called for the creation of an “international platform for negotiations on the return of the temporarily occupied Autonomous Republic of Crimea and the city of Sevastopol to sovereign Ukrainian jurisdiction.” Haring addressed the lack of free press in Crimea, asserting that “the media is controlled by the government.” She praised Radio Free Europe/Radio Liberty’s Crimea service, which tracks developments in Crimea and broadcasts them in three languages to the Crimean population. Haring also warned that the situation in Crimea is worsening, and that Russia has “effectively turned Crimea into a Russian military base.” Throughout the hearing, commissioners expressed their concerns for freedom of religion, freedom of movement, and freedom of the press in Crimea. Commissioners also assured witnesses that support for President Zelensky and the fight for freedom in Ukraine is bipartisan and resolute.
Election Observation 101Friday, January 24, 2020
On January 22, 2020, Helsinki Commissioner Rep. Mark Veasey (TX-33) moderated a roundtable at the Texas A&M School of Law titled “Election Observation 101: Strengthening Democracies Old and New in the 21st Century.” Rep. Veasey—who also is a co-chair of the Congressional Voting Rights Caucus and a former member of the Elections Committee in the Texas House of Representatives—and expert panelists discussed the importance of election observation missions across the OSCE region. Rep. Veasey was joined at the roundtable by veteran election observer Lindsay Lloyd, director of the human freedom initiative at the George W. Bush Institute; Amanda Schnetzer, chief operating officer of Pointe Bello; and Helsinki Commission Chief of Staff Alex T. Johnson. Law school dean Robert Ahdieh offered a warm welcome and reflected on his fondest memories of the Helsinki Commission as a young man living in Moscow, Russia. Rep. Veasey then set the stage with the 30-year celebration of the 1990 Copenhagen Document which established the international standards for “free and fair elections”, while Mr. Lloyd explained the dynamics of how teams are assembled. Mr. Johnson further clarified the role of observers as strict watchers or objective examiners, and never interventionists, and Ms. Schnetzer shared how her experience observing elections in Tunisia forever shaped her passion for civic engagement and democratic values. “[In 2011], the people of Tunisia were voting... To see the looks on the faces of women, grandparents coming to poles for the first time, casting a vote, and bringing a grandchild in tow, to say ‘I have waited all my life to do this’ was simply inspirational,” Ms. Schnetzer said. “I saw the stark comparison in the United States because few get excited on the first day they get to vote… I wish that we could find a way to positively spark that enthusiasm here [in the U.S.].” Looking ahead to the U.S. elections in November 2020, all panelists agreed that more could be done to inform the American public about foreign observers and the benefits of international election observation. Election observers from both the OSCE Office of Democratic Institutions and Human Rights and the OSCE Parliamentary Assembly are expected to be invited by the United States Government to observe the 2020 elections. The OSCE was first invited to observe U.S. elections by the Bush Administration in 2002 and has been invited to observe every midterm and general election since (2004, 2006, 2008, 2010, 2012, 2014, 2016, and 2018) by the administration in office. However, the decentralized nature of the U.S. electoral system means some states prohibit or greatly restrict foreign observers. A few states explicitly permit foreign observation, or at least a sufficiently public observation to include those from other countries.
Director of OSCE Office For Democratic Institutions and Human Rights to Testify at Helsinki Commission HearingWednesday, January 22, 2020
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: HUMAN RIGHTS AND DEMOCRACY Obstacles and Opportunities in the OSCE Region Wednesday, January 29, 2020 10:00 a.m. Longworth House Office Building Room 1334 Live Webcast: www.youtube.com/HelsinkiCommission For nearly three decades, the Organization for Security and Cooperation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) has been at the forefront of efforts to promote human rights and democracy throughout the 57-nation OSCE region. In her first appearance before Congress, ODIHR Director Ambassador Ingibjörg Sólrún Gísladóttir will discuss the organization’s flagship work in international election observation; countering anti-Semitism and other forms of intolerance; and helping governments to combat human trafficking, protect human rights defenders, and better implement their commitments to fundamental freedoms including assembly and religion. The OSCE, the world’s largest regional security body, is based on a comprehensive concept of security that recognizes that respect for human rights and functioning democratic institutions underpin regional peace and security. ODIHR provides support, assistance, and expertise to participating States and civil society to promote democracy, rule of law, human rights, and tolerance and non-discrimination. ODIHR observes elections at the invitation of participating States, reviews legislation, and advises governments on how to develop and sustain democratic institutions. The office also works closely with the OSCE’s field operations and organizes Europe’s largest annual human rights meeting, bringing together annually hundreds of government officials, international experts, civil society representatives and human rights activists.
Helsinki Commission to Hold Hearing on Deteriorating Human Rights Situation in CrimeaTuesday, January 21, 2020
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: LIFE UNDER OCCUPATION The State of Human Rights in Crimea Tuesday, January 28, 2020 10:00 a.m. Cannon House Office Building Room 210 Live Webcast: www.youtube.com/HelsinkiCommission Nearly six years into Russia’s illegal occupation of Crimea, the human rights situation there continues to deteriorate. Russian authorities have restricted freedom of speech and assembly, suppressed civil society activity, persecuted religious and ethnic minorities, muzzled dissent, and continue to implement an aggressive process of “Russification” toward residents of the peninsula. The hearing will feature Oleg Sentsov, a Ukrainian writer and filmmaker who was sentenced to 20 years in jail by a Russian court on trumped-up charges of terrorism in 2014. In 2018, Sentsov became a worldwide symbol of defiance and courage when he launched a hunger strike on behalf of all Ukrainian political prisoners being held by Russia. He and other witnesses will discuss the Russian Government’s continued assault on Crimea’s vulnerable minorities, as well as its blatant disregard for basic rights. The following witnesses are scheduled to participate: Oleg Sentsov, Ukrainian writer and filmmaker held prisoner by Russia for five years Tamila Tasheva, Deputy Permanent Representative of the President of Ukraine in the Autonomous Republic of Crimea Melinda Haring, Deputy Director, Atlantic Council’s Eurasia Center; Senior Fellow, Foreign Policy Research Institute
An Assessment of the Open Skies TreatyTuesday, January 14, 2020
By Juliet Michaelsen, Max Kampelman Fellow Recently, a somewhat obscure security and confidence-building measure returned to the headlines. In October 2019, reports surfaced that the Trump Administration was considering withdrawing from the Treaty on Open Skies, an overflight arrangement designed to boost military transparency and stability across 34 signatories in North American and Eurasia. What is the Open Skies Treaty? In 1955, President Eisenhower first proposed that the United States and Soviet Union allow aerial observation flights over each other’s territories to reduce the risk of miscommunication and subsequent war. Although initially rejected by the Soviets, the idea of Open Skies was revived by President George H.W. Bush in 1989. Bush built on Eisenhower’s vision, suggesting the agreement not just be between the United States and the Soviet Union, but also between NATO and the Warsaw Pact. In 1992, the Open Skies Treaty was signed by the United States, Canada, Russia, and 21 European states. Since the treaty entered into force in 2002, membership has increased to 34 states. The treaty requires that all participants allow observation aircraft to fly over their territory to observe and take pictures of military forces and activities. These images are shared with the observing and observed states, and available for purchase by other treaty signatories. The Open Skies Treaty’s fundamental purpose—enhancing military transparency and cooperation—flows from the same set of commitments that underpin both the Helsinki Commission and the Vienna-based Organization for Security and Cooperation in Europe (OSCE). As Alexandra Bell noted during a Helsinki on the Hill podcast on Open Skies, this “increased openness between militaries will reduce tensions between states and limit the probability of conflict [because] if you know what another country has, if it’s clearly observable to you, you don’t have to plan for things that you’re just guessing about.” Assessing the Treaty During the treaty’s almost 18 years of implementation, the parties have conducted over 1,500 observation flights. The cooperation required to solve logistical problems (such as air traffic control) and inspect planes is one important confidence-building measure. Another is the fact that host countries also have personnel on any observation flight, thus ensuring the flight stays within its agreed plan. This collaboration increases mutual trust and encourages cooperation. Additionally, the Open Skies Consultative Commission, the implementing body of the Open Skies Treaty based at the Organization for Security and Cooperation’s (OSCE) headquarters in Vienna, provides one of the few remaining forums where the United States and Russia can discuss problems and collaborate on solutions. The treaty also allows the United States to provide an important benefit to its allies and partners, who typically ride on flights conducted by the United States. Specifically, as Rep. Emmanuel Cleaver II noted during a joint hearing of the Helsinki Commission and the House Foreign Affairs Subcommittee on Europe, Eurasia, Energy and the Environment, the treaty “allows even small countries a way to get information on military activities around them [which] has been even more important given the Kremlin’s propensity to violate established borders.” One notable example came in December 2018 after Russia attached Ukrainian naval vessels near the Kerch Strait. The United States undertook an Open Skies flight, which was “intended to reaffirm U.S. commitment to Ukraine and other partner nations,” according to the Department of Defense, a message underscored by the flight’s inclusion of personnel from Canada, Germany, France, the United Kingdom, Romania, and—crucially—Ukraine. The Open Skies Treaty also has heightened transparency, specifically between the United States and Russia. Both countries have conducted numerous observation flights over the other’s territory. The United States and its allies have flown about 500 flights over Russia since the treaty’s implementation, including 16 in 2019 alone. According to the State Department, the United States participated in nearly three times as many flights over Russia as Russia has over the United States. The images captured by these flights serve as a crucial, credible, unclassified source of information about Russian forces at a time when Europe and the United States are often uneasy about Russia’s intentions. The Open Skies Treaty does face criticism by some politicians and analysts. For example, a Senate resolution introduced by Sens. Ted Cruz and Tom Cotton calls for the United States’ withdrawal from the Open Skies Treaty, citing Russia’s partial non-compliance as a major problem the treaty. Specifically, Russia has restricted Open Skies flights over its military hub in Kaliningrad and restricted the conduct of flights near its border with South Ossetia and Abkhazia. However, the State Department does not consider these problems insurmountable and has taken many steps to address these issues, including bringing the problem to the Open Skies Consultative Committee, restricting Russian flights over Hawaii, and denying access to two United States airbases. The Future of the Open Skies Treaty In the wake of President Trump’s reported plan to withdraw the United States from the Open Skies Treaty, many members of Congress have expressed support for the agreement and warned of the dangers of withdrawal. House Foreign Affairs Committee Chairman Rep. Eliot Engel first sounded the alarm in a publicly released letter to National Security Advisor Robert O’Brien on October 7, 2019. In the letter, Engel expressed concern about such reports and argued that “American withdrawal would only benefit Russia and be harmful for our allies’ and partners’ national security interests.” Soon after, numerous members of Congress came together to urge foreign policy officials to keep the treaty. House Armed Services Committee Chairman Rep. Adam Smith and Sens. Robert Menendez and Jack Reed (the ranking members of the foreign relations and armed services committees, respectively), joined Rep. Engel in writing a letter to Secretary of State Pompeo and Secretary of Defense Esper, highlighting the importance of Open Skies. A similar letter was sent to Secretary Pompeo by 11 Democratic senators two weeks later. In November 2019, Helsinki Commission Chairman Rep. Alcee L. Hastings co-sponsored the bipartisan “Open Skies Treaty Stability Act,” which would prevent the president from unilaterally withdrawing the United States from the treaty by setting conditions on any potential steps towards withdrawal. The bill specifically notes that “due to the significant benefits that observation missions under the Open Skies Treaty provide to the United States and United States allies, the United States should commit to continued participation in the Treaty; and the President should not withdraw the United States from the Open Skies Treaty.” Support for the Open Skies Treaty extends beyond Capitol Hill. For example, in an October 20, 2019, Wall Street Journal contribution, former-national security officials George Shultz, William J. Perry and Sam Nunn suggested that “Open Skies has become what Eisenhower envisioned—a critical confidence-building treaty that improves Euro-Atlantic security with every flight. The U.S. should preserve this agreement, particularly in a time of renewed tensions with Russia.” Similar calls have come from abroad. The Political and Security Affairs Committee Chair of the OSCE Parliamentary Assembly (OSCE PA) strongly urged the United States to stay in the treaty, citing the increased transparency and cooperation fostered by the agreement. Meanwhile, Ukraine’s Foreign Ministry expressed their interest in “maintaining and implementing this treaty” in a statement to the Wall Street Journal. The vocal advocacy both within and outside of the United States for the continuation of the Open Skies Treaty sheds light on its important role in Euro-Atlantic security and cooperation.
Chairman Hastings Urges Ukraine to Grant Akhmetova Political AsylumMonday, January 13, 2020
WASHINGTON—Ahead of Tuesday’s trial to determine whether journalist and activist Zhanara Akhmetova will be granted political asylum in Ukraine or face extradition to her home country of Kazakhstan, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) released the following statement: “By granting asylum to Zhanara Akhmetova, the Government of Ukraine can demonstrate its commitment to protecting the fundamental freedoms of those who peacefully express political dissent. Her request for asylum clearly is motivated by real and dangerous political persecution in her home country. Ukraine must stand firmly on the side of human rights and allow Ms. Akhmetova to remain safely in the country.” Akhmetova fled to Ukraine in 2017 after she was targeted by authorities in Kazakhstan for her reporting and for peacefully expressing her political opinions through the Democratic Choice of Kazakhstan (DCK) movement, an opposition party associated with the main political opponent of former President Nazarbayev. Later that year, Ukrainian authorities detained her following a request by the Government of Kazakhstan, which previously has misused Interpol mechanisms to target opposition figures. In the past, Ukrainian authorities sometimes have cooperated with requests by the authorities of Central Asian states to return persecuted individuals. Persons affiliated with the DCK have previously faced mistreatment and torture at the hands of Kazakh authorities, suggesting that Akhmetova’s extradition would seriously endanger her safety. Ukrainian migration authorities have twice denied Akhmetova’s request for asylum, although Ukraine’s Supreme Court has ordered that the case be reconsidered as political.
First Person: Nothing UnusualFriday, December 20, 2019
By Rachel Bauman, Policy Advisor Election day began like every November day in Belarus: black. Without the time change that makes a late-autumn morning in DC bearable, darkness enveloped Belarus until almost 9:00 a.m. We would be rising much earlier than that to observe the opening of the polls for the November 17 parliamentary election. This was my second election observation, after the first round of the Ukrainian presidential election in March 2019. That election was widely considered free and fair—a great achievement for a new democracy plagued by a Soviet legacy. In Belarus, the last election generally considered free and fair was the 1994 election of President Alexander Lukashenko, who remains in power, with essentially complete control over the government, 25 years later. Most Belarus-watchers suspected that much of the number-fudging was done before the arrival of election day observers. Early voting took place throughout the week before election day, providing an opportunity to inflate turnout numbers. Multiple opposition candidates could not even make it on the ballot due to selectively-imposed restrictions and technicalities applied to stamp out the competition well before voting took place. Neither I nor the other members of my election observation team (two diplomats already in Minsk: one from the U.S. Embassy, and one from the Swedish Embassy), expected many surprises from the conduct and outcome of the elections. The day started smoothly enough, with a standard, albeit sparsely attended, opening. As we moved on to other polling stations throughout the day, the conditions were mainly the same: observers registered with the chair of the election commission for that precinct and were seated at a table specifically for observers, both national and international. Sign directing voters to polling sites in Belarus. Because the vast majority of OSCE PA observers remained in the Minsk region, and we had traveled a few hours northeast to Vitebsk, we came across only Belarusian observers, whether from trade unions, political parties, or other groups. The observer tables were far enough away from the action that in most cases we could not see much of the voter sign-in and identification check process. When we asked to see the voter lists, we were denied in multiple instances. This was startling for me; in Ukraine, we wandered freely throughout polling stations and had access to everything. Nevertheless, the mood was festive and the people friendly. Music—from disco to Soviet favorites to patriotic tunes—played in the background at several polling places. We received candies in one location and a proud explanation of the region’s main industry in another. A few photos were taken with us, and at one polling place a neighboring observer remarked how interested she was that I had come all the way from the United States just for the election in Belarus! Despite the fun and frivolity, it became clear to us by the end of the day that, though we had seen no gross violations in conduct, the whole process lacked the transparency I had witnessed in Ukraine, or that should be expected in any OSCE country committed to democratic norms. Nowhere was this more apparent than during the count. As usual, we were confined to the observers’ table just far enough from where the action was taking place to limit real observation. The mobile voting, early voting, and election day ballots were collected and counted in one pile, silently. Because we could not fully see or hear the count, there was no way of knowing whether it was accurate, even though the precinct chairwoman came over occasionally to riffle through the marked ballots for us. By only 9:15 p.m.—the polls had closed at 8—the count was finished and a winner declared. Votes being counted at a polling site. Our next step was to follow our companions from the polling station to the District Election Commission, where they would deliver the results protocol and election materials. After watching a few deliveries from around the area and encountering many familiar faces from earlier in the day, we decided to head back to the hotel, arriving at a remarkably early 10:30 p.m. Though it was still a long and exhausting day, many such elections, including the one I’d observed in Ukraine, had counts lasting long into the night. The next morning’s results were both surprising and unsurprising. It was no great shock to see that the reported turnout was over 77 percent—suspiciously high for elections to a body with no real power. According to the Statement of Preliminary Findings and Conclusions, the OSCE International Election Observation Mission noted that early voting turnout in particular (35.77 percent) seemed inflated compared to the reports of observers. More disturbingly, not a single opposition candidate was elected (there had been two in the previous parliament). That Lukashenko would not permit even a semblance of pluralism calls into question the seriousness of his seeming attempts to court the West when faced with a revanchist and controlling Russia—a topic which the U.S. Helsinki Commission explored in a hearing held shortly after the election. Observers would be wise to watch the trajectory of the country as Lukashenko navigates his tricky relationships with the West and Russia. Ultimately, stability—in large part the stability of his own job—will be first in his mind as the 2020 Belarusian presidential election swiftly approaches. A major political upheaval is not likely in the cards. When my colleague stationed in Grodna asked a young independent observer if he’d seen anything interesting or unusual during election day, the observer responded, “Unusual? No. Nothing unusual. This is Belarus. There has been nothing unusual for 25 years.”
Co-Chairman Wicker Introduces Ukraine Religious Freedom Support Act in SenateWednesday, December 18, 2019
WASHINGTON—Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) yesterday introduced the Ukraine Religious Freedom Support Act (S. 3064) in the Senate. The legislation would combat Russia’s religious freedom violations in the Crimea and Donbas regions of Ukraine. Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) and Commissioner Rep. Emanuel Cleaver, II (MO-05) introduced a bipartisan companion bill in the House of Representatives last week. “The Kremlin’s illegal land grab is accompanied by a brutal crackdown on religious freedom in Crimea and the Donbas,” said Co-Chairman Wicker. “This legislation would combat persecution of faith communities in Ukraine and ensure that Russian authorities are held responsible for their actions.” 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 would clarify that Russia should be held responsible for violations in territory it controls or occupies illegally, 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. It also requires the president to take 15 specific actions, or other commensurate action, in response. Last year, on behalf of President Donald Trump, Secretary of State Mike Pompeo designated Russia for the Special Watch List of countries where violations are severe. Russian forces first invaded Crimea in February 2014 and continue to occupy it illegally. Since April 2014, Russia has controlled parts of the Donbas region in eastern Ukraine with non-state armed groups and illegal entities under its command. Under international humanitarian law, including the Geneva Conventions, Russia is responsible for religious freedom violations in Crimea and parts of the Donbas. As a participating State of the Organization for Security and Cooperation in Europe, Russia has 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.
Helsinki Commissioners Introduce Ukraine Religious Freedom Support ActFriday, December 13, 2019
WASHINGTON—Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) and Commissioner Rep. Emanuel Cleaver, II (MO-05) yesterday introduced the bipartisan Ukraine Religious Freedom Support Act (H.R. 5408) in the House of Representatives. The legislation combats Russia’s religious freedom violations in the Crimea and Donbas regions of Ukraine. Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) plans to introduce a companion bill in the Senate next week. “For more than five years, Russia has illegally occupied Crimea and controlled part of the Donbas with the armed groups it commands. Kremlin personnel and proxies abduct, imprison, and torture people in those regions for their faith,” said Rep. Wilson. “Russian officials are culpable, and this bill helps ensure they are held accountable.” “The Kremlin persecutes peaceful religious communities in occupied Crimea and crony-controlled eastern Donbas even more brutally and broadly than it does in Russia,” said Rep. Cleaver. “The Russian Government is violating international humanitarian law and its international commitments to respect and protect religious freedom. Creating consequences for the Kremlin for this lawlessness will mean justice for the people of Ukraine.” 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 clarifies that Russia should be held responsible for violations in territory it occupies illegally 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. It also requires the president to take 15 specific actions, or commensurate action, in response. Last year, on behalf of President Donald Trump, Secretary of State Mike Pompeo designated Russia for the Special Watch List of countries where violations are severe. 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. As a participating State of the Organization for Security and Cooperation in Europe, Russia has 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. Gwen S. Moore (WI-04), Rep. Brian Fitzpatrick (PA-01), Rep. Marc A. Veasey (TX-33), and Rep. Steve Cohen (TN-09). Rep. Anna G. Eshoo (CA-18), Rep. Mark Meadows (NC-11), Rep. Mike Quigley (IL-05), Rep. Gus M. Bilirakis (FL-12), Rep. Daniel W. Lipinski (IL-03), Rep. Andy Harris, M.D. (MD-01), and Rep. Marcy Kaptur (OH-09) are also original co-sponsors.
Public Diplomacy, Democracy, and Global LeadershipThursday, December 05, 2019
For more than a century, the United States has advanced shared human rights, economic, and security policy goals in the transatlantic relationship by cultivating people-to-people ties through public diplomacy initiatives. As democracies around the world face new challenges emanating from demographic shifts, technological advancements, and evolving security threats, the need for public diplomacy initiatives that cultivate leaders who espouse democratic principles, including inclusive and representative governance, grows more relevant. The U.S. Helsinki Commission convened a hearing to focus on U.S.-led public diplomacy international exchange initiatives that strengthen democratic institutions by targeting young and diverse leaders, encouraging civic engagement, and fostering social inclusion and cohesion in the OSCE region. Presiding over the hearing, Chairman Alcee L. Hastings (FL-20) stated, “This year, under my leadership, the Helsinki Commission has held events on the importance of international election observation, good governance, and focused on democratic backsliding in particular countries as part of our continued commitment to the underlying principles of the Helsinki Final Act. Common to all of these issues is the role good leaders can play in ensuring free and fair elections; laws that are equitable, transparent, and enforced; and laying the groundwork to ensure protections and rights for all in their constituencies […] for the long-term stability of our nation and the transatlantic partnership.” In his opening remarks, Chairman Hastings also noted that he planned to introduce legislation to support of leadership exchanges and knowledge-building between diverse transatlantic policymakers, and to encourage representative democracies. He also announced a February program for young OSCE parliamentarians to strengthen their political inclusion and advance peace and security efforts. Chairman Hastings was joined by Commissioners Rep. Emanuel Cleaver, II (MO-05) and Rep. Marc Veasey (TX-33). Rep. Veasey raised the importance of metrics in assessing the impact of leadership programs and soft diplomacy, while Rep. Cleaver stated, “For the first time since the end of World War II, the extreme right is actually winning seats in the German Parliament,” highlighting increased security risks related to public diplomacy programs operating in countries that have seen an increase in hate crimes and racial prejudice. Witnesses included Cordell Carter, II, Executive Director of the Socrates Program at the Aspen Institute; Stacie Walters Fujii, Chair of the American Council of Young Political Leaders; and Lora Berg, Counselor for Inclusive Leadership at the German Marshall Fund of the United States. Carter reviewed the Aspen Institute’s public policy programming on transatlantic relations and discussed the importance of promoting democratic values, including efforts to strengthen the capacity of congressional staff and encourage dialogues around the United States on being an “inclusive republic.” He concluded by asking Congress to create more opportunities for public discourse on issues that threaten the stability of democracies around the world. Fujii discussed the importance of international exchanges in supporting democracies and the work of American Council of Young Political Leaders (ACYPL). ACYPL was founded in 1966 to strengthen transatlantic relationships by promoting mutual understanding among young political leaders in Western Europe and the former Soviet Union. Critical aspects of the program include offering international leaders the opportunity to come to the U.S. to observe campaigning, polling stations, election returns, and the response of the American people to elections, complemented by follow-on educational conversations about democratic processes in their countries. Berg highlighted the importance of public diplomacy initiatives in advancing inclusive leadership and observed that nations gain in richness and capacity when diversity is reflected in leadership. She also noted that inclusive leadership not only plays an important role in promoting social harmony, but it also helps to ensure economic growth, stating that “the places with the highest social cohesion are the most reliable for investment.” Berg explained that the GMF’s Transatlantic Inclusion Leaders Network (TILN) grew out of work she engaged in while working for the Department of State. TILN is an innovative network of young, diverse leaders across the United States and Europe supported by the Helsinki Commission and State Department. Berg argued for the expansion of U.S. Government-supported public diplomacy inclusive leadership initiatives targeting youth and diverse populations in western democracies, including through public-private partnerships, the creation of a public diplomacy officer position in Europe to foster Europe-wide next generation transatlantic leadership, and increased political participation measures domestically and abroad for diverse populations.
Helsinki Commission to Review Role of Professional Exchanges in Strengthening Democratic InstitutionsMonday, December 02, 2019
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: PUBLIC DIPLOMACY, DEMOCRACY, AND GLOBAL LEADERSHIP An Approach for the 21st Century Thursday, December 5, 2019 10:00 a.m. Longworth House Office Building Room 1334 Live Webcast: www.youtube.com/HelsinkiCommission For more than a century, the United States has advanced human rights, economic, and security policy goals in Europe by cultivating people-to-people ties across the Atlantic. More than 500 heads of state, 100 Members of Congress, and thousands of professionals have participated in U.S. Government-sponsored exchanges, including the State Department’s International Visitor Leadership Program, while public and private organizations have hosted similar programs to bring leaders together. Witnesses at the hearing will explore the origins and role of professional exchanges and other public diplomacy programs that strengthen relationships with U.S. allies in the face of shared challenges including eroding trust in democratic institutions, demographic shifts, technological advancements, and evolving security threats. In particular, the hearing will focus on international exchange initiatives that strengthen democratic institutions by targeting young and diverse leaders, encouraging civic engagement, and fostering social inclusion and cohesion in the OSCE region. The following witnesses are scheduled to participate: Lora Berg, Senior Fellow, Leadership Programs, German Marshall Fund of the United States Cordell Carter, II, Executive Director, Socrates Program, The Aspen Institute Stacie Walters Fujii, Chair, American Council of Young Political Leaders (ACYPL) Photo credit: German Marshall Fund of the United States
Not-So-Good NeighborsWednesday, November 20, 2019
As a new generation of political leaders in Belarus seeks to forge closer ties with the West, the Kremlin has stepped up influence and disinformation campaigns designed to erode Belarusian sovereignty and exploit the strong historical, cultural, and economic ties between the two nations. Expert witnesses examined how Russia most effectively penetrates Belarusian society, and the extent to which Russia’s disinformation and hybrid tactics are influencing the political landscape at a pivotal moment. Speakers also decoded Russia’s tactics in Belarus and explored how the United States can help promote the sovereignty of Belarus.
Helsinki Commission Hearing to Examine Russian Influence in BelarusThursday, November 14, 2019
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: NOT-SO-GOOD NEIGHBORS Russian Influence in Belarus Wednesday, November 20, 2019 10:00 a.m. Rayburn House Office Building Room 2200 Live Webcast: www.youtube.com/HelsinkiCommission As a new generation of political leaders in Belarus seeks to forge closer ties with the West, the Kremlin has stepped up influence and disinformation campaigns designed to erode Belarusian sovereignty and exploit the strong historical, cultural, and economic ties between the two nations. Expert witnesses will examine how Russia most effectively penetrates Belarusian society, and the extent to which Russia’s disinformation and hybrid tactics are influencing the political landscape at a pivotal moment. Speakers will decode Russia’s tactics in Belarus and explore how the United States can help promote the sovereignty of Belarus. The following witnesses are scheduled to participate: Sofya Orlosky, Senior Program Manager for Eurasia, Freedom House Franak Viačorka, Research Media Analyst (Contractor), U.S. Agency for Global Media Brian Whitmore, Senior Fellow and Director of the Russia Program, CEPA Andrei Yeliseyeu, Head of Monitoring Unit, International Strategic Action Network for Security (iSANS); Research Director, EAST Center
At What Cost?Thursday, October 31, 2019
Sparked by the recent Turkish military offensive in northeastern Syria, increased tensions between the United States and Turkey have reignited the debate about the future of U.S.-Turkish bilateral relations. The Helsinki Commission convened this hearing to discuss how the United States should respond to the Turkish Government’s continuing abuse of human rights and fundamental freedoms. Expert witnesses at the hearing reviewed prominent cases of politically-motivated prosecution, failures of due process, and prospects for judicial reform as they relate to Turkey’s commitments as a member of both the OSCE and NATO. The panel also evaluated President Erdogan’s plan to return millions of Syrian refugees to their war-torn country or push them to Europe, and the human consequences of his military incursion into Syria. Presiding over the hearing, Commission Ranking Member Rep. Joe Wilson affirmed that as co-chair for the Caucus on U.S.-Turkey Relations & Turkish Americans he supports the people of Turkey and the U.S.-Turkish alliance. He cautioned, however, that President Erdogan’s actions threaten to undermine that alliance and damage the security of the region. Rep. Marc Veasey noted that Turkey is being “torn between two worlds”: one of democracy and one of autocracy. Sen. John Boozman and Rep. Steve Cohen were also present at the hearing. The Commission heard testimony from Gonul Tol, Director of the Center for Turkish Studies at the Middle East Institute; Merve Tahiroglu, the Turkey Program Coordinator at the Project on Middle East Democracy (POMED); Henri Barkey, the Bernard L. and Bertha F. Cohen Professor at Lehigh University; Eric Schwartz, the President of Refugees International; and Talip Kucukcan, professor of sociology at Marmara University. Dr. Tol testified that “most freedoms under Turkish President Recep Tayyip Erdogan have been dramatically curtailed” but counseled that Turkey “is not a fullblown dictatorship.” The Turkish government has targeted activists, journalists, and opposition politicians with “trumped-up terrorism charges and “largely criminalized Kurdish political expression.” She highlighted the opposition’s recent victories in mayoral elections as “a testament to the peoples of Turkey, the great majority of whom refuse to give up on the idea of democratic rule.” Dr. Tol further urged the United States to view “the Kurdish question…[as] a matter of democratization and human rights” for the Turkish state. Ms. Tahiroglu explained the deterioration of the rule of law under Erdogan’s government. According to her testimony, Erdogan’s administration has politicized the judiciary and rendered it “a main weapon against government critics and opponents” through repressive laws and false terrorism charges. She noted key judicial cases against civil society activists, journalists, opposition politicians, professors, U.S. citizens, and employees of U.S. consulates in the country. Ms. Tahiroglu testified that the breakdown of the rule of law in Turkey matters for U.S. interests because it has swept up U.S. citizens, “fuels anti-Americanism,” and “embolden[s] Turkey’s aggressive policies abroad by suppressing dissenting voices.” Dr. Barkey focused his testimony on the Turkish government’s suppression of the struggle for recognition of Kurdish social and political identity. Barkey explained the significance of the People’s Democratic Party (HDP)—Turkey’s second largest opposition party—in providing an opportunity for Turkey’s Kurdish population to participate in Turkish politics. “From that perspective, they have been very, very successful,” Barkey assessed. “It may have been far too successful for its own good.” Dr. Barkey detailed President Erdogan’s “relentless campaign to dismantle and delegitimize the HDP.” Mr. Schwartz spoke about the humanitarian implications of Turkey’s incursion into northeastern Syria. The reports of human rights abuses and civilian deaths are cause for deep concern, he said. He criticized the decision to withdraw U.S. troops from Syria instead of implementing a strategic departure. Schwartz concluded with a recommendation for the United States to support locally based NGOs that provide humanitarian assistance to populations by the Turkish operation. Dr. Kucukcan reminded the audience that Turkey’s incursion occurred with President Donald Trump’s consent. The incursion, he noted, serves to protect Turkey’s national security and preserve the territorial integrity of Syria. Dr. Kucukcan disputed that Turkey plans “ethnic cleansing” or “demographic engineering in places where [military] operations took place.”
Mr. President, as Co-Chairman of the Helsinki Commission, I submit today a resolution urging the Government of Ukraine to ensure a democratic, transparent and fair election process for the presidential elections scheduled to be held in late October. An identical resolution is being submitted by Chairman of the House International Relations Committee Henry Hyde and my colleague and Chairman of the Helsinki Commission, Representative Chris Smith. I am pleased to note that the Commission's Ranking Member, Mr. Dodd, and the Ranking Member of the Committee on Foreign Relations, Mr. Biden, are original cosponsors of the resolution.
The Helsinki Commission, which has long monitored and encouraged human rights, rule of law and democracy in Ukraine, continues to be a stalwart supporter of Ukraine's development as an independent, democratic and market-oriented state. There is a genuine desire in the United States for Ukraine to succeed in this process and for the long-suffering Ukrainian people to fully realize their dreams and aspirations. This resolution, by encouraging fair, open and transparent elections, is a concrete expression of the commitment of the U.S. Congress to the Ukrainian people.
The resolution underscores that an election process and the establishment of a genuinely democratic political system consistent with Ukraine's freely-undertaken OSCE commitments is a prerequisite for Ukraine's full integration into the Western community of nations as an equal member, including into NATO. The October elections will be vital in determining Ukraine's course for years to come and they present the Ukrainian authorities with a real opportunity to demonstrate their commitment to OSCE principles and values.
Unfortunately, Ukraine's pre-election environment has already been decidedly problematic and of increasing concern to the United States and the international community. During the course of this year I have shared specific concerns with Senate colleagues, particularly in terms of the media. The resolution submitted today focuses squarely on key problem areas, including increasing control and manipulation of the media and attempts by national authorities to limit access to international broadcasting, including Radio Liberty and Voice of America. Among other concerns are the blatant obstacles to free assembly and a free and fair political campaign as well as substantial irregularities in several recent elections.
An egregious example of how not to conduct elections was the mayoral election held two weeks ago in the western Ukrainian city of Mukacheve. This election was marred by intimidation, violence, fraud and manipulation of the vote count, electoral disruptions and irregularities. Despite strong evidence indicating that a candidate from the democratic opposition “Our Ukraine” bloc had won, the territorial elections commission announced as winner the candidate of a party led by the head of Presidential Administration, Viktor Medvedchuk. That some of the abuses and violence took place in front of OSCE observers, and that some of the victims of violence were members of the Ukrainian parliament, only underscores the brazenness of these actions. The outlandish conduct of the Mukacheve elections not only casts doubt over their outcome, but when coupled with other recent problematic elections, including in Constituency No. 61 in Donetsk, could be a barometer for the October presidential elections.
The resolution I submit today outlines those measures the Ukrainian authorities need to take--consistent with their own laws and international agreements--for a free, fair, open and transparent election process. The Ukrainian authorities at all levels, including the executive, legislative and judicial branches, need to ensure an election process that enables all of the candidates to compete on a level playing field. This includes the various institutions and agencies involved directly or indirectly in the elections process, such as the Central Election Commission, the Ministry of Internal Affairs, Procuracy, the State Security Service (SBU), Tax Administration, as well as the Constitutional and Supreme Courts.
Ukraine's October presidential elections should be a watershed for the future direction of that country of great potential. It is abundantly clear that a small clique have a vested interest in perpetuating the outmoded status quo. Ukrainian authorities need to radically improve the election environment if there is to be hope for these elections to meet OSCE standards. The question is whether their perceived self-interest will trump the interest of the people of Ukraine. Having restored the independence of their proud land, the Ukrainian people deserve an opportunity to overcome the legacy of the past, and consolidate democracy, human rights and the rule of law.
Mr. Campbell (for himself, Mr. Dodd, and Mr. Biden) submitted the following resolution; which was referred to the Committee on Foreign Relations:
Whereas the establishment of a democratic, transparent, and fair election process for the 2004 presidential election in Ukraine and of a genuinely democratic political system are prerequisites for that country's full integration into the Western community of nations as an equal member, including into organizations such as the North Atlantic Treaty Organization (NATO);
Whereas the Government of Ukraine has accepted numerous specific commitments governing the conduct of elections as a participating State of the Organization for Security and Cooperation in Europe (OSCE), including provisions of the Copenhagen Document;
Whereas the election on October 31, 2004, of Ukraine's next president will provide an unambiguous test of the extent of the Ukrainian authorities' commitment to implement these standards and build a democratic society based on free elections and the rule of law;
Whereas this election takes place against the backdrop of previous elections that did not fully meet international standards and of disturbing trends in the current pre-election environment;
Whereas it is the duty of government and public authorities at all levels to act in a manner consistent with all laws and regulations governing election procedures and to ensure free and fair elections throughout the entire country, including preventing activities aimed at undermining the free exercise of political rights;
Whereas a genuinely free and fair election requires a period of political campaigning conducted in an environment in which neither administrative action nor violence, intimidation, or detention hinder the parties, political associations, and the candidates from presenting their views and qualifications to the citizenry, including organizing supporters, conducting public meetings and events throughout the country, and enjoying unimpeded access to television, radio, print, and Internet media on a non-discriminatory basis;
Whereas a genuinely free and fair election requires that citizens be guaranteed the right and effective opportunity to exercise their civil and political rights, including the right to vote and the right to seek and acquire information upon which to make an informed vote, free from intimidation, undue influence, attempts at vote buying, threats of political retribution, or other forms of coercion by national or local authorities or others;
Whereas a genuinely free and fair election requires government and public authorities to ensure that candidates and political parties enjoy equal treatment before the law and that government resources are not employed to the advantage of individual candidates or political parties;
Whereas a genuinely free and fair election requires the full transparency of laws and regulations governing elections, multiparty representation on election commissions, and unobstructed access by candidates, political parties, and domestic and international observers to all election procedures, including voting and vote-counting in all areas of the country;
Whereas increasing control and manipulation of the media by national and local officials and others acting at their behest raise grave concerns regarding the commitment of the Ukrainian authorities to free and fair elections;
Whereas efforts by the national authorities to limit access to international broadcasting, including Radio Liberty and the Voice of America, represent an unacceptable infringement on the right of the Ukrainian people to independent information;
Whereas efforts by national and local officials and others acting at their behest to impose obstacles to free assembly, free speech, and a free and fair political campaign have taken place in Donetsk, Sumy, and elsewhere in Ukraine without condemnation or remedial action by the Ukrainian Government;
Whereas numerous substantial irregularities have taken place in recent Ukrainian parliamentary by-elections in the Donetsk region and in mayoral elections in Mukacheve, Romny, and Krasniy Luch; and
Whereas the intimidation and violence during the April 18, 2004, mayoral election in Mukacheve, Ukraine, represent a deliberate attack on the democratic process: Now, therefore, be it
Resolved, That the Senate--
(1) acknowledges and welcomes the strong relationship formed between the United States and Ukraine since the restoration of Ukraine's independence in 1991;
(2) recognizes that a precondition for the full integration of Ukraine into the Western community of nations, including as an equal member in institutions such as the North Atlantic Treaty Organization (NATO), is its establishment of a genuinely democratic political system;
(3) expresses its strong and continuing support for the efforts of the Ukrainian people to establish a full democracy, the rule of law, and respect for human rights in Ukraine;
(4) urges the Government of Ukraine to guarantee freedom of association and assembly, including the right of candidates, members of political parties, and others to freely assemble, to organize and conduct public events, and to exercise these and other rights free from intimidation or harassment by local or national officials or others acting at their behest;
(5) urges the Government of Ukraine to meet its Organization for Security and Cooperation in Europe (OSCE) commitments on democratic elections and to address issues previously identified by the Office of Democratic Institutions and Human Rights (ODIHR) of the OSCE in its final reports on the 2002 parliamentary elections and the 1999 presidential elections, such as illegal interference by public authorities in the campaign and a high degree of bias in the media;
(6) urges the Ukrainian authorities to ensure--
(A) the full transparency of election procedures before, during, and after the 2004 presidential elections;
(B) free access for Ukrainian and international election observers;
(C) multiparty representation on all election commissions;
(D) unimpeded access by all parties and candidates to print, radio, television, and Internet media on a non-discriminatory basis;
(E) freedom of candidates, members of opposition parties, and independent media organizations from intimidation or harassment by government officials at all levels via selective tax audits and other regulatory procedures, and in the case of media, license revocations and libel suits, among other measures;
(F) a transparent process for complaint and appeals through electoral commissions and within the court system that provides timely and effective remedies; and
(G) vigorous prosecution of any individual or organization responsible for violations of election laws or regulations, including the application of appropriate administrative or criminal penalties;
(7) further calls upon the Government of Ukraine to guarantee election monitors from the ODIHR, other participating States of the OSCE, Ukrainian political parties, candidates' representatives, nongovernmental organizations, and other private institutions and organizations, both foreign and domestic, unobstructed access to all aspects of the election process, including unimpeded access to public campaign events, candidates, news media, voting, and post-election tabulation of results and processing of election challenges and complaints; and
(8) pledges its enduring support and assistance to the Ukrainian people's establishment of a fully free and open democratic system, their creation of a prosperous free market economy, their establishment of a secure independence and freedom from coercion, and their country's assumption of its rightful place as a full and equal member of the Western community of democracies.