Slovakia and Hungary Relations

Slovakia and Hungary Relations

Hon.
Benjamin L. Cardin
United States
Senate
111th Congress Congress
First Session Session
Tuesday, December 15, 2009

Mr. President, in 1991, then-Czechoslovak President Vaclav Havel brought together his counterparts from Poland and Hungary. Taking inspiration from a 14th century meeting of Central European kings, these 20th century leaders returned to the same Danube town of Visegrad with a view to eliminating the remnants of the communist bloc in Central Europe; overcoming historic animosities between Central European countries; and promoting European integration.

Today, the Czech Republic, Hungary, Poland and Slovakia are together known as the Visegrad Group, and all four have successfully joined NATO and the European Union. They are anchors in the Trans-Atlantic alliance, and I am pleased to have had the opportunity to travel to all four of these countries where I have met with public officials, non-governmental representatives and ethnic and religious community leaders.

Unfortunately, it appears that some additional work is necessary to address one of the principal goals of the Visegrad Group; namely, overcoming historic animosities. In recent months, relations between Hungary and Slovakia have been strained. Having traveled in the region and having met with leaders from both countries during their recent visits to Washington, I would like to share a few observations.

First, an amendment to the Slovak language law, which was adopted in June and will enter into force in January, has caused a great deal of concern that the use of the Hungarian language by the Hungarian minority in Slovakia will be unduly or unfairly restricted. Unfortunately, that anxiety has been whipped up, in part, by a number of inaccurate and exaggerated statements about the law.

The amendment to the state language law only governs the use of the state language by official public bodies. These state entities may be fined if they fail to ensure that Slovak--the state language--is used in addition to the minority languages permitted by law. The amendment does not allow fines to be imposed on individuals, and certainly not for speaking Hungarian or any other minority language in private, contrary to what is sometimes implied.

The OSCE High Commissioner on National Minorities has been meeting with officials from both countries and summarized the Slovak law in his most recent report to the OSCE Permanent Council:

“The adopted amendments to the State Language Law pursue a legitimate aim, namely, to strengthen the position of the State language, and, overall, are in line with international standards. Some parts of the law, however, are ambiguous and may be misinterpreted, leading to a negative impact on the rights of persons belonging to national minorities.”

Since the law has not yet come into effect, there is particular concern that even if the law itself is consistent with international norms, the implementation of the law may not be.

I am heartened that Slovakia and Hungary have continued to engage with one of the OSCE's most respected institutions--the High Commissioner on National Minorities--on this sensitive issue, and I am confident that their continued discussions will be constructive.

At the same time, I would flag a number of factors or developments that have created the impression that the Slovak Government has some hostility toward the Hungarian minority.

Those factors include but are not limited to the participation of the extremist Slovak National Party, SNS, in the government itself; the SNS control of the Ministry of Education, one of the most sensitive ministries for ethnic minorities; the Ministry of Education's previous position that it would require Slovak-language place names in Hungarian language textbooks; the handling of the investigation into the 2006 Hedvig Malinova case in a manner that makes it impossible to have confidence in the results of the investigation, and subsequent threats to charge Ms. Malinova with perjury; and the adoption of a resolution by the parliament honoring Andrei Hlinka, notwithstanding his notorious and noxious anti-Hungarian, anti-Semitic, and anti-Roma positions.

All that said, developments in Hungary have done little to calm the waters. Hungary itself has been gripped by a frightening rise in extremism, manifested by statements and actions of the Hungarian Guard, the ``64 Counties'' movement, and the extremist party Jobbik, all of which are known for their irredentist, anti-Semitic, and anti-Roma postures. Murders and other violent attacks against Roma, repeated attacks by vandals on the Slovak Institute in Budapest, attacks on property in Budapest's Jewish quarter in September, and demonstrations which have blocked the border with Slovakia and where the Slovak flag is burned illustrate the extent to which the Hungarian social fabric is being tested.

Not coincidentally, both Hungary and Slovakia have parliamentary elections next year, in April and June respectively, and, under those circumstances, it may suit extremist elements in both countries just fine to have these sorts of developments: nationalists in Slovakia can pretend to be protecting Slovakia's language and culture--indeed, the very state--from the dangerous overreach of Hungarians. Hungarian nationalists--on both sides of the border--can pretend that Hungarian minorities require their singular protection--best achieved by remembering them come election day. Meanwhile, the vast majority of good-natured Slovaks and Hungarians, who have gotten along rather well for most of the last decade, may find their better natures overshadowed by the words and deeds of a vocal few.

In meetings with Slovak and Hungarian officials alike, I have urged my colleagues to be particularly mindful of the need for restraint in this pre-election season, and I have welcomed the efforts of those individuals who have chosen thoughtful engagement over mindless provocation. I hope both countries will continue their engagement with the OSCE High Commissioner on National Minorities, whom I believe can play a constructive role in addressing minority and other bilateral concerns.

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    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: ALBANIA’S CHAIRMANSHIP OF THE OSCE Responding to the Multiple Challenges of 2020 Thursday, September 17, 2020 1:00 p.m. Watch Live: www.youtube.com/HelsinkiCommission In 2020, Albania holds the chairmanship of the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—with a multi-dimensional mandate and a 57-country membership stretching from North America, across Europe, and to Central Asia and Mongolia. This year, the OSCE has faced the unprecedented challenge of a global pandemic and the clear urgency of action against racism, while maintaining its necessary focus on other longtime concerns often impacted by these developments.  These concerns include Russia’s continued aggression in Ukraine and threats to other nearby or neighboring countries; protracted conflicts in Transnistria, Georgia, and Nagorno-Karabakh; and political leaders in Belarus as well as in Russia, Azerbaijan, Turkey, and other OSCE countries seeking to undermine democratic institutions and stifle dissent in every sector.  Many countries are struggling—or failing—to live up to their OSCE commitments in the areas of human rights, democracy, and the rule of law. Vulnerable communities, including migrants, are targets of discrimination and violence.  Uncertainties in the Western Balkans and Central Asia remain.  The recent decision of some countries to block reappointments of senior officers at key OSCE institutions undermines the organization at a time when effective contributions to security and cooperation across the region are so deeply needed. The Helsinki Commission regularly holds a hearing allowing the annually rotating OSCE chairmanship to present its priorities for the year and to exchange views on current issues. Albanian Prime Minister Edi Rama, who holds his country’s foreign affairs portfolio, will appear at this hearing to discuss the performance of the OSCE thus far in 2020 and to share his views in advance of the OSCE Ministerial Council meeting scheduled for early December.

  • Helsinki Commissioners Urge Hungarian Officials Not to Stoke Historic Grievances

    WASHINGTON—Following the erection of a new memorial in Hungary marking the 100th anniversary of the Treaty of Trianon, which features the names of thousands of historic municipalities formerly part of pre-World War I Hungary, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Commissioner Rep. Steve Cohen (TN-09) issued the following joint statement: “Some Central Europeans see the border changes made by the Treaty of Trianon as a liberation.  Many Hungarians consider it an historic national trauma.  Hungarian Prime Minister Viktor Orban’s government is no stranger to the politics of memory, and the unveiling of this monument offers yet another opportunity for him to cynically exploit the past for current political gains. “For a decade, Prime Minister Orban has trafficked in ‘greater Hungary’ maps, flags, and posters. Orban officials have claimed that the Treaty of Trianon was worse than the Holocaust or four decades of communism, trivializing both.  He has overseen efforts to rehabilitate fascist-era figures and defended Hungary’s wartime regent, Miklos Horthy, as ‘an excellent statesman.’  In 2014, he erected another memorial that shockingly portrays Hungary as a victim, rather than ally, of Nazi Germany and airbrushes out Hungary’s role in the genocide of the country’s Jews and Roma.  We urge the Government of Hungary to stop stoking historic grievances with neighbors and stop treating the past as a political prop.” Hungary’s new "Memorial to National Unity" lists approximately 12,000 historic names of towns now in Austria, Croatia, Poland, Romania, Serbia, Slovakia, Slovenia, and Ukraine that prior to 1920 were part of the pre-World War I Kingdom of Hungary. At the time, ethnic Hungarians were the dominant minority and subjected other ethnic groups, including Serbs, Croats, Ukrainians, Germans, Romanians, and Slovaks, to discrimination and Magyarizaton, fueling demands among these groups for independence.  The 1920 Treaty of Trianon, signed on June 4, 1920, formalized redrawn borders and the creation of new states. As a result, an estimated one-third of the ethnic Hungarian population in Europe, living in multi-ethnic regions, became minorities in territories joined to other states or in newly formed states. Hungary’s current borders were confirmed by the 1947 Treaty of Paris. According to a Pew Research Center study published earlier this year, two-thirds of Hungarians believe that parts of neighboring countries really belong to Hungary—the highest figure among NATO countries included in the survey.

  • Human Rights and Democracy in a Time of Pandemic

    The outbreak of the novel coronavirus pandemic has prompted governments around the world to take extraordinary measures in the interest of public health and safety. As of early April, nearly two-thirds of the 57 participating States of the Organization for Security and Cooperation in Europe had declared “states of emergency” or invoked similar legal measures in response to the crisis. Often such measures have enabled governments to enact large-scale social distancing policies and suspend economic activity to save lives and preserve the capacity of national public health infrastructure to respond to the spread of infections. At the same time, human rights organizations and civil society activists have expressed concern regarding the breadth of some emergency measures and recalled the long history of government abuse of emergency powers to trample civil liberties. Exactly three decades ago, OSCE participating States unanimously endorsed a set of basic principles governing the imposition of states of emergency, including the protection of fundamental freedoms in such times of crisis. In 1990 in Copenhagen, OSCE countries affirmed that states of emergency must be enacted by public law and that any curtailment of human rights and civil liberties must be “limited to the extent strictly required by the exigencies of the situation.” According to the Copenhagen Document, emergency measures furthermore should never discriminate based on certain group characteristics or be used to justify torture. Building on these commitments a year later in Moscow, participating States underscored that states of emergency should not “subvert the democratic constitutional order, nor aim at the destruction of internationally recognized human rights and fundamental freedoms.” The Moscow Document stresses the role of legislatures in imposing and lifting such declarations, the preservation of the rule of law, and the value of guaranteeing “freedom of expression and freedom of information…with a view to enabling public discussion on the observance of human rights and fundamental freedoms as well as on the lifting of the state of public emergency.” In some corners of the OSCE region, however, national authorities are violating these and other OSCE commitments in the name of combatting coronavirus. While many extraordinary responses are justified in the face of this crisis, government overreach threatens the well-being of democracy and the resilience of society at a critical time. Download the full report to learn more.

  • Respecting Human Rights and Maintaining Democratic Control during States of Emergency

    Statement at the OSCE Parliamentary Assembly Webinar: Respecting Human Rights and Maintaining Democratic Control during States of Emergency President Tsereteli, Secretary General Montella, it is good hear from you.  I am pleased to see that this Assembly has found ways to communicate, cooperate and collaborate — in spite of the distances that keep us apart, and as an expression of our shared commitments to our roles as legislators. At last year’s annual session, I was the lead sponsor of a supplementary item on “the role of civil society — individuals and non-governmental organizations — in realizing the aims and aspirations of the OSCE.”  The resolution we adopted in Luxembourg acknowledges the critical role civil society plays in enhancing security and cooperation across all OSCE dimensions. I appreciate President Tsereteli appointing our colleague, the Honorable Pia Kauma, as the Assembly’s Special Representative to be an advocate for civil society engagement and she has done a great job so far. I am sorry, but not surprised that some governments have taken the need for emergency measures as an opportunity for repressive measures. Hungary is the only OSCE participating State that does not have a sunset clause for the expiration of its emergency measures, or requiring parliamentary approval for an extension.  Parliamentary oversight is absolutely essential, especially when governments seek to exercise extraordinary powers. I believe we must also pay particular attention to those measures that relate to freedoms of assembly, association, and expression.  I am also troubled by the heavy-handed disciplinary and punitive approach utilized in some areas, which exacerbates existing discriminatory and unconstitutional policing.  I want to thank you, Director Gisladottir, for your attention to this and speaking out against the hate crimes and scapegoating of minorities, refugees and migrants. In the next legislation that will come before the U.S. Congress, I will support provisions to address hate crimes and other forms of discrimination in our societies recently highlighted by the pandemic. The February 25 profiling murder of Ahmaud Aubrey by his neighbors in the state of Georgia demonstrates the urgency of our fight for equity and justice for all beyond our current crisis. But I would like to pause here for a moment, to reflect on violations of fundamental freedoms that some governments had already imposed even before now.  If a law or practice violated OSCE human rights and democracy norms before the pandemic, circumstances now will surely not cure that violation. Threats against journalists, restrictions on academic freedom, imprisoning people for their political views, and impeding or even criminalizing NGOs’ access to and communication within and outside their own countries — all of that is still inconsistent with OSCE commitments, and the pandemic does not change that.  Principle VII of the Helsinki Final Act still holds: individuals still have the right to know and act upon their rights. I therefore add my voice to the international calls from OSCE institutional bodies and others around the world for the release of all prisoners of conscience given this pandemic. Prison populations are particularly susceptible to community spread. To address dangerous overcrowding, governments should work first and foremost to release those imprisoned for exercising their internationally recognized rights or those wrongly imprisoned contrary to international commitments.  I regret Turkey's decision in particular to approve a plan to release 90,000 prisoners that excluded relief for any of the thousands of political prisoners, including opposition politicians, civil society activists, employees of U.S. diplomatic missions, and many more. Which brings me back to the important work of Special Representative Kauma.  Civil society is not a luxury, it is essential.  If anything, it becomes even more important during an emergency when governments may legitimately exercise powers, but those powers may not be unlimited, unchecked, or unending.  A vibrant civil society plays a critical role in holding governments to account, particularly at times of great social stress.  Those human rights groups, the parent-teacher organizations, book clubs, or food banks— all enrich our societies. Colleagues, this pandemic has upended elections across the OSCE region.  According to the OSCE Parliamentary Assembly’s factsheet, forty OSCE participating States — including my own — have elections scheduled for this year. As we all rise to meet the challenge of conducting elections safely, we must maintain transparency regarding the entire electoral process, especially any changes to the timing of elections, methods of voting, or measures that impact campaigning.  The United States is already debating these issues in preparation for November. Even in a pandemic, international and domestic election observation remains vital.  We must find a solution to ensure that they are engaged and included even now. 

  • Chairman Hastings and Co-Chairman Wicker Commemorate World Press Freedom Day

    WASHINGTON—Ahead of World Press Freedom Day on May 3, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statements: "Given these uncertain and unprecedented times, it is more important than ever that journalists and media professionals are able to work freely and without retribution," said Chairman Hastings. "Unfortunately, journalists remain in jail throughout the OSCE region, while states like Russia, Azerbaijan, and Hungary criminalize providing essential information and transparency about the COVID-19 pandemic. Independent media continues to be assaulted under the pretense of punishing allegedly 'false,' 'misleading,' or unofficial information. This is unacceptable." Read Chairman Hastings' full Congressional Record statement. “Journalists across the globe risk their safety, and some even their lives, to report the truth," said Co-Chairman Wicker. "On World Press Freedom Day, we honor a freedom that is a cornerstone of democracy and should always be protected in any healthy society. During this pandemic, good journalism and unflinching investigative reporting are essential as we work to mitigate the effects of the coronavirus and get our economies started again. Now more than ever, I urge all OSCE states to uphold this fundamental freedom." According to the latest reports from the Committee to Protect Journalists, 250 journalists are imprisoned worldwide for their work, 64 journalists are missing, and 1,369 journalists have been killed since 1992. Additionally, Reporters Without Borders' 2020 World Press Freedom Index found that global press freedom has deteriorated by 12 percent since 2013. Ahead of World Press Freedom Day, OSCE Representative on Freedom of the Media Harlem Désir, along with the United Nations Special Rapporteur on Freedom of Opinion and Expression and the Organization of American States Special Rapporteur on Freedom of Expression, issued a joint declaration on freedom of expression and elections in the digital age, particularly noting challenges to press freedom during the COVID-19 pandemic. On April 17, Chairman Hastings and Co-Chairman Wicker released a statement expressing concern with the latest attacks on press freedom in Russia amid the coronavirus pandemic, including death threats to Russian journalist Yelena Milashina by Chechnya’s leader Ramzan Kadyrov. Earlier in April, Chairman Hastings also denounced the unchecked power granted to Hungarian Prime Minister Viktor Orban following his request to rule by decree in response to the COVID-19 pandemic.

  • Chairman Hastings Denounces Unchecked Power Granted To Hungary’s Prime Minister Orban

    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.  

  • E.U. Tries Gentle Diplomacy to Counter Hungary’s Crackdown on Democracy

    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.

  • Restrictions on Civil Society in Hungary

    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

  • Hastings and Cardin Condemn Mob Attack on Budapest Community Center

    WASHINGTON—Following Wednesday’s mob attack on Aurora, a small Jewish community center that provides office space to civil society groups in Budapest, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Ranking Member Sen. Ben Cardin (MD) issued the following statements: “Wednesday’s mob attack on Aurora is an alarming escalation of violence toward minorities and civil society groups in Hungary. This second attack by paramilitary-style extremists in less than a month sends a frightening message: Authorities cannot, or will not, protect you,” said Chairman Hastings. “A decade ago, far-right extremists in Hungary orchestrated dozens of violent attacks, murdering six Hungarians including five-year-old Robert Csorba. The Government of Hungary must not allow such a tragedy to occur again.” “The Hungarian Government may boast of a ‘zero-tolerance for anti-Semitism’ policy abroad, but in reality, in Budapest they traffic in anti-Semitic tropes, honor fascist-era leaders and ideologues, and stoke hatred of migrants and Muslims,” said Sen. Cardin, who also serves as the OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism, and Intolerance. “Actions speak louder than words. I hope that available photographs of the mob will aid law enforcement in the investigation and prosecution of the perpetrators, and I commend the district’s newly elected mayor for visiting Aurora and seeking to ensure its safety.” Marom, a Hungarian Jewish association, established and runs Aurora Community Center, an umbrella organization that provides office space to small civil society groups including the Roma Press Center, migrant aid, and Pride Parade organizers. In Wednesday’s attack, the mob burned a rainbow flag and branded a para-military logo onto the premises. On September 26, the center also was attacked and vandalized by extremists. Under the Orbán government, the conditions for independent nongovernmental organizations (NGOs) in Hungary have deteriorated. Over the past two years, Hungarian authorities have accused Marom of administrative violations ranging from mismatched dates on official documents to, most recently, lacking an appropriate agreement with the center’s landlord. In 2018, Hungary passed a law establishing a 25 percent tax on organizations which engage in “propaganda activity that portrays immigration in a positive light.” It is a tax on government-disfavored speech. Hungary also adopted amendments to its "law on aiding illegal migration" that make handing out know-your-rights leaflets punishable by up to one year in prison. In 2017, Hungary adopted a Russian-style "foreign agent" law which, according to the U.S. Department of State, “unfairly burdens a targeted group of Hungarian civil society organizations, many of which focus on fighting corruption and protecting human rights and civil liberties.” The bill was proposed by the far-right wing party Jobbik. In 2014, armed police carried out raids on 13 civil society organizations, seizing computers and documents for alleged financial misconduct. No charges were ever brought against the NGOs. Between 2008 and 2010, at least six people were murdered, many others were injured, and whole communities were terrorized in a series of attacks by right-wing extremists.  Maria Balog was shot in her own home in a middle-of-the-night raid that also wounded her 13-year-old daughter. Jeno Koka was shot as he got in his car to go to work. Five-year-old Robert Csorba and his father were killed by sniper fire while attempting to escape an arson attack on their home.

  • 2019 Human Dimension Implementation Meeting

    From September 16 to September 27, OSCE participating States will meet in Warsaw, Poland, for the 2019 Human Dimension Implementation Meeting (HDIM), organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR).  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. During the 2019 meeting, three specifically selected topics will each be the focus of a full-day discussion: “safety of journalists,” “hate crimes,” and “Roma and Sinti.” These special topics are chosen to highlight key areas for improvement in the OSCE region and promote discussion of pressing issues. Human Dimension Implementation Meeting 2019 Since the HDIM was established in 1998, the OSCE participating States have a standing agreement to hold an annual two-week meeting to review the participating States’ compliance with the human dimension commitments they have previously adopted by consensus. 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 refugee migration and human trafficking), and concerns relating to tolerance and nondiscrimination (such as countering anti-Semitism and racism). Each year, 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 and Sinti. Unique about the HDIM is the inclusion and strong participation of non-governmental organizations. The United States has been a stout 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 structures 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. Members of the U.S. delegation to the 2019 HDIM include: Ambassador James S. Gilmore, U.S. Permanent Representative to the OSCE and Head of Delegation Christopher Robinson, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs Roger D. Carstens, Deputy Assistant Secretary, Bureau of Democracy, Human Rights, and Labor Elan S. Carr, Special Envoy to Monitor and Combat Anti-Semitism Alex T. Johnson, Chief of Staff, U.S. Helsinki Commission

  • House Majority Leader, Helsinki Commissioners Decry Efforts to Shutter Community Center in Hungary

    WASHINGTON—Following renewed efforts by authorities in Hungary to shutter the Aurora Community Center in Budapest, House Majority Leader Rep. Steny H. Hoyer (MD-05), Helsinki Commission Ranking Member Sen. Ben Cardin (MD), and Helsinki Commissioner Rep. Gwen Moore (WI-04) issued the following statements: “During my visit to Budapest earlier this summer, I saw firsthand the important resources Aurora provides to the community,” said Majority Leader Hoyer. “The latest attempt by Hungarian authorities to shut down Aurora speaks volumes about the country’s shrinking space for civil society. On the thinnest of pretexts, the rule of law in Hungary is being hijacked to serve one party's political interests.” “Aurora nurtures a vibrant community of civil society groups and has become a symbol of independent organizations in Hungary,” said Sen. Cardin, who also serves as the OSCE Parliamentary Assembly (PA) Special Representative on Anti-Semitism, Racism, and Intolerance. “Unfortunately, such activism is viewed as a threat by those in power, who—through constant legal harassment—are attempting to permanently close Aurora’s doors. Aurora and organizations like it should be protected, not targeted.” “In a time when those who spew hate and divisiveness seem to be ascendant, initiatives like Aurora that build inclusive societies and strengthen democracy are needed more than ever,” said Rep. Moore. “I was honored to visit the center and meet with its president, Adam Schonberger, with my colleagues earlier this year.” Majority Leader Hoyer, Sen. Cardin, and Rep. Moore visited the Aurora Community Center in Budapest in July, en route to the 2019 OSCE PA Annual Session in Luxembourg. Marom, a Hungarian Jewish association, established and runs Aurora Community Center, an umbrella organization that provides office space to other small civil society groups in Budapest, including the Roma Press Center, migrant aid, and Pride Parade organizers. Over the past two years, Hungarian authorities repeatedly have accused Marom of administrative violations ranging from mismatched dates on official documents to, most recently, lacking an appropriate agreement with the center’s landlord. Under the Orbán government, the conditions for independent nongovernmental organizations (NGOs) in Hungary have deteriorated. In 2014, armed police carried out raids on 13 civil society organizations, seizing computers and documents for alleged financial misconduct. No charges were ever brought against the NGOs.  In 2017, Hungary adopted a Russian-style "foreign agent" law which, according to the U.S. Department of State, “unfairly burdens a targeted group of Hungarian civil society organizations, many of which focus on fighting corruption and protecting human rights and civil liberties.” In 2018, Hungary passed a law establishing a 25 percent tax on organizations which engage in “propaganda activity that portrays immigration in a positive light.” It is a tax on government-disfavored speech.  Hungary also adopted amendments to its "law on aiding illegal migration" that makes handing out know-your-rights leaflets punishable by up to one year in prison.  Hungary will hold municipal elections on October 13.

  • HELSINKI COMMISSIONERS VISIT HUNGARY

    Pictured: Mate Szabo, Hungarian Civil Liberties Union (left) meets with Representative Tom Cole (right). From July 1 to July 3, three members of the U.S. Helsinki Commission visited Hungary as part of a bipartisan delegation led by House Majority Leader Steny H. Hoyer. The delegation included Senator Benjamin L. Cardin, Ranking Senate Commissioner and OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism and Intolerance, as well as Commissioners Steve Cohen and Gwen Moore. It was the largest congressional delegation to visit Hungary in at least three years.  From left: Rep. Garret Graves, Rep. Val Demings, Helsinki Commissioner Rep. Steve Cohen, Helsinki Commission Ranking Member Sen. Ben Cardin, Amb. David Cornstein, House Majority Leader Steny H. Hoyer, Minister of the Prime Minister’s Office Gergely Guylas, Rep. Tom Cole,  Helsinki Commissioner Rep. Gwen Moore, Rep. Gregory Meeks The delegation met with civil society representatives; independent investigative journalists; analysts with expertise on corruption, Russian malign influence, and security; experts on the judiciary; and democratic opposition representatives. In addition, the delegation met with the rector of Central European University and the head of Hungary’s Jewish communities. The delegation requested meetings with the Prime Minister, Minister of Foreign Affairs and Speaker of the Hungarian parliament. During the visit, the Members of Congress had an exchange of views with Gergely Gulyás, the Prime Minister’s Chief of Staff, and Zsolt Nemeth, the chair of the Hungarian National Assembly foreign affairs committee.  U.S. Ambassador to Hungary David Cornstein welcomed the delegation and accompanied the Members to their meetings, also hearing the diverse concerns raised. The purpose of the visit was to strengthen support for the shared principles of democracy and collective security to which the United States and Hungary have jointly committed and with a view to safeguarding fundamental freedoms, democracy, and the rule of law. In meetings with government officials, the members welcomed the Hungarian parliament’s approval of the Defense Cooperation Agreement on July 2. Following the conclusion of their visit to Hungary, the delegation traveled to Luxembourg to participate in the annual session of the OSCE Parliamentary Assembly. Members of the delegation also spoke about their visit to Hungary at the Parliamentary Assembly meeting. Members of the Congressional delegation at the statue in Budapest of President Ronald Reagan. The statue was erected in 2011 to honor the American president’s efforts to end communism. It is on Liberty Square, facing the U.S. Embassy, with the Hungarian parliament visible in the background. Majority Leader Hoyer served as chair and co-chair of the Helsinki Commission (positions that rotate between the House of Representatives and Senate) from 1985 to 1994. During that critical period of transition before and during the fall of communism, he made Central Europe a focus of the Commission’s efforts to support human rights and democracy. He led delegations to Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, and Romania, working closely with Secretaries of State George Schultz, James Baker, and Warren Christopher to advance democracy in the region. He also chaired roughly a dozen hearings focused specifically on human rights in Central Europe, including minority rights and religious liberties. As chairman of the Helsinki Commission, Majority Leader Hoyer participated in the 1989 Paris Meeting of the Conference on the Human Dimension and personally introduced a Helsinki Commission initiative that became a formal U.S. proposal: a call for free and fair elections throughout the OSCE region. That U.S. proposal became a key element of the 1990 Copenhagen meeting a year later and set the stage for the subsequent framework for OSCE election observation. Majority Leader Steny H. Hoyer (right) meets with independent journalists Szabolcs Panyi (left) and Anita Komuves (center). Photo: Attila Németh/U.S. Embassy or fotó: Németh Attila/Amerikai Nagykövetség. Majority Leader Hoyer also represented the United States at the 1991 Moscow Conference on the Human Dimension, a meeting notable for taking place shortly after the August coup attempt in Russia. The Moscow Concluding Document included an unprecedented provision explicitly recognizing that human rights and democracy are not strictly the internal affairs of participating States: “The participating States emphasize that issues relating to human rights, fundamental freedoms, democracy and the rule of law are of international concern, as respect for these rights and freedoms constitutes one of the foundations of the international order. They categorically and irrevocably declare that the commitments undertaken in the field of the human dimension of the CSCE are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned. They express their determination to fulfil all of their human dimension commitments and to resolve by peaceful means any related issue, individually and collectively, on the basis of mutual respect and co-operation. In this context they recognize that the active involvement of persons, groups, organizations and institutions is essential to ensure continuing progress in this direction.”     Hoyer Leads Congressional Delegation to Hungary For Immediate Release:  July 3, 2019 Contact Info:  Annaliese Davis (202) 226-1290 WASHINGTON, DC – House Majority Leader Steny H. Hoyer (MD) led a bipartisan Congressional Delegation to Budapest, Hungary, where they met with government officials, opposition leaders, independent media, and civil society activists.   “The United States continues to support efforts to strengthen democracy in Hungary, and we had many honest discussions during our time in Budapest,” said Leader Hoyer. “We were disappointed that we were unable to meet with Prime Minister Orban. The threat of oligarchs and party loyalists gaining control of independent institutions, the judiciary, and the media is alarming. The erosion of democratic checks and balances ought to concern everyone. We appreciated the opportunity to meet with civil society activists and share our support for the work they are doing to renew democracy in their country.  We will continue to promote strong democratic institutions in Hungary that hold its leaders accountable to protect the rights and freedoms of its people.”   “Our meetings with diverse political leaders, independent journalists, representatives of religious communities and civil society were informative and illuminating.  We remain convinced that a strong, democratic Hungary would be the most effective partner for the United States and our NATO allies,” said Senator Cardin, the lead Senate Democrat on the Commission on Security and Cooperation in Europe (CSCE). “We regret that we were unable to speak directly with Prime Minister Orban regarding the steps his government has taken which have undermined core elements of democracy, opened the door to Russian malign influence, and enabled corrosive corruption. Our alliance is not only about shared interests but shared values, and hope alone will not make this reality.  The United States remains open, as an active partner, to find ways to strengthen democracy and the rule of law, protect civil society, and counter extremism that fuels anti-Semitism and undermines regional stability.”    “Hungary is a firm friend and a loyal ally, but all of us are concerned about the erosion of democratic institutions and the rise of Russian influence," said Congressman Cole. "We intend to work with our Hungarian friends across the political spectrum to ensure that their elections are free and fair, their judiciary independent, and their press vibrant and robust." The delegation prioritized meeting with human rights and anti-corruption leaders. The delegation also met with the leadership of the Central European University and expressed their support for it to remain open.  Among the government officials with whom the Members held meetings were the head of the Foreign Affairs Committee of the Hungarian Parliament and the Prime Minister’s Chief of Staff.    The other Members of the Congressional Delegation are: Sen. Ben Cardin (D-MD), the lead Senate Democrat on the Commission on Security and Cooperation in Europe (CSCE), and Reps. Tom Cole (OK-04), Gregory Meeks (NY-05), Gwen Moore (WI-04), Steve Cohen (TN-09), Garret Graves (LA-06), and Val Demings (FL-10).   

  • OSCE Representative on Freedom of the Media Harlem Desir to Appear at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: STATE OF MEDIA FREEDOM IN THE OSCE REGION Thursday, July 25, 2019 3:00 p.m. to 5:00 p.m. Capitol Visitor Center Room HVC-210 Live Webcast: www.youtube.com/HelsinkiCommission Journalists working in the 57 participating States of the Organization for Security and Cooperation (OSCE) are facing increased risks to their lives and safety. According to a new report released the Office of the Representative for Freedom of the Media, in the first six months of 2019, two journalists have been killed and an additional 92 attacks and threats—including one bombing, three shootings, and seven arson attacks—have targeted members of the media. In his first appearance before Congress, OSCE Representative for Freedom of the Media Harlem Desir will assess the fragile state of media freedom within the OSCE region. Mr. Desir also will address the number of imprisoned media professionals as well as the violence, threats, and intimidation directed toward female journalists. The hearing will explore the threat posed by disinformation and online content designed to provoke violence and hate.  Following the hearing, at 5:00 p.m. in Room HVC-200, the Helsinki Commission will host a viewing of the documentary, “A Dark Place,” which details the online harassment of female journalists working in the OSCE region.

  • Minority Faiths Under the Hungarian Religion Law

    By Erika Schlager, Counsel for International Law This is a July 16, 2019, update to the article “Minority Faiths Under The Hungarian Religion Law," originally posted on July 8, 2017 (reprinted below). In 2011, Hungary adopted a new church law that entered into effect in 2012. The law stripped hundreds of faiths of their legal status overnight, deprived them of state resources to which they had previously been entitled, and resulted in other limitations. In December 2018, Hungary amended its religion law (effective as of April 15, 2019). The purpose of the amendment was to implement judgments of Hungary’s Constitutional Court as well as the European Court on Human Rights which held that Hungary’s religion law discriminated against faiths and churches. However, the amended law includes elements that, in practice, will continue discriminatory elements of the 2011 law for several more years and, in some respects, exacerbate the situation for minority faiths. The existing (2011) legal framework already distinguished among churches for the purposes of allocating government resources and benefits. The 2018 amendment added additional tiers to the categories, resulting in a more complex system. The four new tiers or categories are: religious association (with the right to be called a “church”), listed church, registered church and recognized church. Only the most “privileged” tier (recognized church) has the rights previously enjoyed by religious organizations recognized as churches before the passage of the 2011 law. Faiths which enjoyed legal recognition before the 2011 law but were stripped of that recognition under the 2018 law continue to be forced to accept the status of religious association and excluded from all the “privileges” granted to the higher categories. In other words, the 2018 amendment simply carries over the framework of the 2011 law. Additionally, the Hungarian Parliament – a body of elected officials – still decides which religious organizations are in the privileged tier (recognized church), making this an inherently political distinction. The amendment does make two improvements. First, it allows all religious organizations that secure state recognition to determine their own internal organizational structure. (Under the law passed in 2011, this was not the case.) Second, it permits people to donate 1% of their income tax to any religious organization that secures one of the four approved statuses. However, the amendment does not automatically enable organizations previously excluded from this support to receive it. On net, the December 2018 amendment fails to implement fully the court’s rulings or end the discrimination of the 2011 law, leaving some religious groups in limbo. The amendment did not provide a remedy for churches that were stripped of their status under the 2011 law, and faiths categorized in what is now the lowest tier (“religious association”) cannot be upgraded to the status of listed or registered churches without renouncing all future state, European Union, and foreign support or collecting the 1% income tax donation but remaining excluded from the benefits of "recognized" status during a prolonged transitional period. Minority Faiths Under The Hungarian Religion Law June 8, 2017 On April 25, 2017, the European Court on Human Rights announced a judgment in the case of the Hungarian Evangelical Fellowship v. Hungary.  This decision followed a 2014 finding by the Court that Hungary's 2011 law on religion violated the rights to freedom of association and freedom of religion.  In light of the failure of Hungary to end continuing violations, the April judgment awarded the Evangelical Fellowship €3 million in damages.  Religious Discrimination after the 2011 Law The case has its origins in changes made to Hungary’s religion law, which establishes a framework for the registration, or official recognition, of churches.  The law was rushed through parliament in June 2011 in a midnight parliamentary session as part of a massive three-year wave of 700 new laws, a new constitution, and five amendments to the Constitution passed between 2010 and 2013.  The “church law,” as it is known, came into force in 2012 and stripped legal recognition from over 300 previously recognized faiths; only 14 faiths retained their status under the new law.  The law gives the exclusive authority to the elected politicians in the Hungarian parliament to determine what constitutes a church, based on a parliamentary review of a religious community’s faith and rites; bylaws and internal rules; and elected or appointed administrative and representative bodies. The parliament then makes its decision according to a two-thirds vote.  Churches recognized by the parliament are granted a range of financial benefits and other privileges, including the ability to minister to co-religionists in public institutions such as schools, prisons and the military; unregistered faiths are denied these benefits.   Religions that lose their state recognition may have their assets confiscated by the state.  Hungarian Ombudsman Mate Szabo criticized the law when it was adopted and the Constitutional Court has twice struck down parts of the new religion law.  Parliament changed the law to allow unrecognized groups to identify as “churches” (translation:  “you can call yourself whatever you want”), but refused to alter the discriminatory framework that excludes unregistered faiths from the benefit of official status (translation:  “you’ll still have second-class status”).  In other words, there was no meaningful legislative change to address the law’s shortcomings.   The Hungarian Evangelical Fellowship, joined by several smaller groups, including Mennonites, two small reformed Jewish congregations, and a Buddhist congregation, brought the case that was decided by the European Court in 2014.  The European Court held that the “church law” is “inconsistent with the State’s duty of neutrality in religious matters that religious groups had to apply to Parliament to obtain re-registration as churches and that they were treated differently from incorporated churches with regard to material benefits without any objective grounds.”  Damages were awarded to the other religious communities in 2016, but the Hungarian Evangelical Fellowship continued to seek damages in light of continuing violations. In its April 2017 decision, the court awarded €3 million to the Hungarian Evangelical Fellowship.  The damages for discriminatory treatment included the loss of personal income tax donations and the corresponding supplementary State subsidy; the loss of State subsidies intended to support the applicant’s social and educational institutions; the loss of subsidies for religious teaching; and the loss of salary supplements paid to the staff employed by church institutions providing public-interest services. Unfortunately, the Court does not have the authority to compel Hungary to change its religion law and it is up to the Hungarian parliament to take the measures to comply with the ruling.  (The Court may award damages again – and again – in the case of continuing violations.) De-registered churches may be able to get a judgment for damages in Strasbourg, but only Budapest can provide a legal remedy.  The government may be trying to squeeze the Hungarian Evangelical Fellowship out of existence by depriving them of the benefits extended to other faiths and forcing them to devote resources to constantly litigate and re-litigate the same violations.  Smaller churches de-registered after 2011 have already largely been shuttered.  About the Hungarian Evangelical Fellowship The Hungarian Evangelical Fellowship broke from the Hungarian Methodist Church in the mid-1970s over the issue of collaboration with the communist regime. As a faith that would not bend to the communist regime, the Hungarian Evangelical Fellowship was subsequently forced underground and persecuted for engaging in charitable work with the poor at a time when the communist regime was loath to admit that poverty was a serious problem.  After the fall of the communist regime, in 1991 the Hungarian Evangelical Fellowship was officially recognized until stripped of this status under the 2011 law.  The Hungarian Evangelical Fellowship is known for its charitable and humanitarian work, particularly with Romani communities, and runs schools, homeless shelters, and soup kitchens. However, becausethe Hungarian tax authority has refused to issue a tax number to deregistered churches such as the Evangelical Fellowship, it is impossible for them to be designated them as recipients of a 1 percent charitable donation on tax forms.   Related Issues In 2017, the Hungarian Government has also proposed a Russian-style “foreign agents” law, which is currently scheduled for a vote by parliament, possibly on June 13. In recognition of criticism that, among the draft law’s many problems, it would stigmatize groups that receive foreign funding – including support from co-religionists in other countries – the current draft was altered to include a carve-out exception for religious organizations and sports.  If adopted, the law may spur the adoption of copycat laws in the region that might not have the same carve-outs for religious groups.  During a press conference in April, Prime Minister Viktor Orban’s chief of staff Janos Lazar suggested that Hungarian groups that receive foreign funding should be designated with a star.  He later apologized.

  • The Helsinki Process: A Four Decade Overview

    In August 1975, the heads of state or government of 35 countries – the Soviet Union and all of Europe except Albania, plus the United States and Canada – held a historic summit in Helsinki, Finland, where they signed the Final Act of the Conference on Security and Cooperation in Europe. This document is known as the Helsinki Final Act or the Helsinki Accords. The Conference, known as the CSCE, continued with follow-up meetings and is today institutionalized as the Organization for Security and Cooperation in Europe, or OSCE, based in Vienna, Austria. Learn more about the signature of the Helsinki Final Act; the role that the Conference on Security and Cooperation in Europe played during the Cold War; how the Helsinki Process successfully adapted to the post-Cold War environment of the 1990s; and how today's OSCE can and does contribute to regional security, now and in the future.

  • Chairman Hastings on Release of 2018 Report on International Religious Freedom

    WASHINGTON—Following the release of the 2018 Report on International Religious Freedom by U.S. Secretary of State Mike Pompeo and Ambassador at Large for International Religious Freedom Sam Brownback, a former chairman of the Helsinki Commission, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “The Helsinki Commission welcomes the release of the annual International Religious Freedom Report. Robust reporting on the full range of human rights—including respect for religious liberties—is critical to the preservation of democratic institutions. “The report details a number of continuing concerns in countries including Hungary and Turkey. In Hungary, government officials have engaged in anti-Muslim and anti-Semitic rhetoric and publicly venerated World War II-era anti-Semites and Hitler allies. Amendments to Hungary's controversial 2011 religion law came into effect in April, but it is not yet clear if the new and more complicated law will end discrimination against the Hungarian Evangelical Fellowship and other faiths. In Turkey, long-standing concerns persist about respect for the rights of Alevis and non-Muslim minorities to freely manage their religious activities and internal affairs. “These violations of religious freedom are extremely troubling, especially since Hungary and Turkey—like all participating States of the OSCE—have committed to protecting freedom of religion or belief and preventing intolerance and discrimination based on religious grounds.” The annual State Department International Religious Freedom Report details religious freedom in every country. The report includes government policies violating religious belief and practices of individuals and religious groups, and U.S. policies to promote religious freedom around the world.

  • Partially Protected?

    The U.S. Helsinki Commission convened an expert briefing on the background, implementation, and legal and political implications of temporary protection for people in the United States and Europe who come from countries of conflict or natural disaster but not qualify for asylum. The discussion explored whether some European Union countries are choosing temporary protection even when asylum claims are credible. Alex T. Johnson, Chief of Staff for the Helsinki Commission, said in his opening remarks, “Chairman Hastings sees [protected status] as a priority, particularly in the United States and in the OSCE region because of the erosion of human rights and democratic institutions that we are seeing now. It’s particularly urgent as we look at our own domestic compliance with commitments in the Organization for Security and Cooperation in Europe, and how we partner with countries who are also exploring issues related to granted protected status for vulnerable communities in their midst.” Johnson also noted Chairman Hasting’s introduction of H.Con.Res. 5, which expresses support for Haitians residing in the United States with Temporary Protected Status (TPS). In the discussion that followed, Jill Wilson of the Congressional Research Service provided context on TPS and its implementation in the U.S. Wilson reported, “Ten countries are currently covered by TPS, benefitting some 400,000 individuals in the United States. The Trump administration has announced terminations for six of these ten countries on the grounds that the conditions on which the original designations were based no longer exist. These terminations are currently on hold pending court action.”  Recent efforts by members of the 115th and 116th Congress saw a greater number and variety of TPS-related bills that seek either to expand or restrict TPS and shift the decision-making power from the Secretary of Department of Homeland Security (DHS) to the U.S. Congress. Currently, the Secretary of the DHS, in consultation with other key government offices namely the U.S. State Department, has the power to designate a country for temporary protection in periods of six, twelve, or eighteen months based on three categories: armed conflict, natural disaster, or extraordinary circumstances that prevent the safe return of a country’s nationals. Marleine Bastien of the Family Action Network Movement shared her expertise on the current political and economic situation in Haiti, following the catastrophic earthquake in 2010 and subsequent natural disasters that resulted in major public health emergencies, about 300,000 displaced people, and severely damaged infrastructure. Despite these continuing poor conditions, Haiti’s TPS status is subject to termination. Bastien remarked, “We hope that Congress will take a close look at what’s going on in Haiti today…The conditions in Haiti continue to deteriorate. Haiti still qualifies for temporary protected status… TPS is still applicable, not only for the countries that qualify now, but for the countries in the future which may experience natural and political disasters.” Without its TPS re-instated, she said, Haiti does not have the capacity to resettle and support the 58,000 Haitians currently living in the U.S. Sui Chung, an attorney with the Immigration Law and Litigation Group in Miami, Florida, and Chair of the Immigration and Customs Enforcement Committee of the American Immigration Lawyers Association (AILA) stated that unless legislation like the American Dream and Promise Act, H.R. 6 is passed, TPS recipients remain at risk of being detained or deported. Chung remarked, “Although the federal courts have enjoined the termination of TPS for some countries, these court orders are temporary. If a higher court rules unfavorably, those with TPS would be vulnerable to losing authorization to work and reside in the U.S., and they would be subject to deportation.” Chung stated that 94 percent of individuals under TPS are employed, generating about $5.5 billion in federal, state, and local taxes, with roughly $25 billion spending power. According to Chung, losing this population could cripple the U.S. economy and harm communities.  Catherine Woollard, Secretary General of the European Council on Refugees and Exiles, described Europe’s decision-making process for protection status as an inconsistent and unfair “asylum lottery” She argued that the lack of fairness and uniformity in granting TPS originates from the selection process, where the decision to grant protection status is left solely to the discretion of the twenty-eight European Union Member States rather than a universal eligibility process. Woollard noted, “Our analysis shows that these different protection statuses have a wide variation when it comes to the rights attached. Key rights that are of interest and necessity for people who are seeking protection vary. If you have refugee status, your residence rights are for a longer duration. For subsidiary protection, less time is granted for residential rights. In some cases, there are very stark differences.”

  • Helsinki Commission Briefing to Explore Non-Asylum Protections in United States And Europe

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: PARTIALLY PROTECTED? Non-Asylum Protection in the United States and the European Union Friday, June 14, 2019 2:00 p.m. Rayburn House Office Building Room 2237 Live Webcast: www.facebook.com/HelsinkiCommission The United States and the European Union give legal protection to some people who flee armed conflict or natural disaster, but do not qualify as refugees. In the United States, the Secretary of Homeland Security designates countries of origin for “Temporary Protected Status” (TPS), enabling their nationals to legally remain in the United States and work until and unless the Secretary terminates the designation. Approximately 417,000 individuals from 10 countries currently have TPS, living in all 50 states, the District of Columbia, and U.S. commonwealths and territories. In 2018, more than 100,300 people were granted similar non-asylum protection, on an individual basis, across the 28 countries of the European Union. Since 2017, the United States has extended TPS for Somalia, South Sudan, Syria, and Yemen, and announced terminations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. Lawsuits have challenged the terminations. To date, Members of Congress have introduced at least 10 TPS-focused bills in the 116th Congress. This briefing will explore the background and implementation of non-asylum protection in the United States and Europe—including whether some European Union Member States are according this protection even when asylum claims are credible—legislative and legal responses, and implications for policy, law, and protection. The following panelists are scheduled to participate: Marleine Bastien, Executive Director, Family Action Network Movement Sui Chung, Attorney at Law, Immigration Law and Litigation Group, and Chair, Immigration and Customs Enforcement Committee, American Immigration Lawyers Association Jill H. Wilson, Analyst in Immigration Policy, Congressional Research Service Catherine Woollard, Secretary General, European Council on Refugees and Exiles Additional panelists may be added.

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