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statement
15th Anniversary of the Bytyqi Brother Murders in Serbia
Tuesday, July 08, 2014Madam President, 15 years ago this week three American citizens--the brothers Ylli, Agron and Mehmet Bytyqi --were transferred from a prison to an Interior Ministry camp in Eastern Serbia. At that camp, they were executed and buried in a mass grave with dozens of Albanians from Kosovo. Today, I again call upon the Serbian authorities to bring those responsible for these murders to justice. Belgrade has given us assurances in recent years that action will be taken, but no clear steps have actually been taken to apprehend and prosecute those known to have been in command of the camp or the forces operating there. The three Bytyqi brothers went to Kosovo in 1999, a time of conflict and NATO intervention. Well after an agreed cessation of hostilities in early June, the brothers escorted an ethnic Romani family from Kosovo to territory still under Serbian control, where that family would be safer. Serbian authorities apprehended the brothers as they were undertaking this humanitarian task and held them in jail for 15 days for illegal entry. When time came for their release, they were instead turned over to a special operations unit of the Serbian Interior Ministry, transported to the camp and brutally executed. There was no due process, no trial, and no opportunity for the brothers to defend themselves. There was nothing but the cold-blooded murder of three American citizen brothers. Serbia today is not the Serbia of 15 years ago. The people of Serbia ousted the undemocratic and extreme nationalist regime of Slobodan Milosevic in 2000, and the country has since made a steady, if at times difficult, transition to democracy and the rule of law. In 2014, Serbia began accession talks to join the European Union, and in 2015 it will chair the OSCE, a European organization which promotes democratic norms and human rights. I applaud Serbia on its progress and I support its integration into Europe, but I cannot overlook the continued and contrasting absence of justice in the Bytyqi case. The new government of Prime Minister Aleksandar Vucic has pledged to act. It must now generate the political will to act. The protection of those responsible for this crime can no longer be tolerated. The surviving Bytyqi family deserves to see justice. Serbia itself will put a dark past behind it by providing this justice. Serbian-American relations and Serbia's OSCE chairmanship will be enhanced by providing justice. It is time for those responsible for the Bytyqi brother murders to lose their protection and to answer for the crimes they committed 15 years ago.
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press release
U.S. Helsinki Commission to Hold Briefing on OSCE Mediterranean Partners
Friday, June 27, 2014WASHINGTON - Today the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) announced the following hearing: Political Pluralism in the OSCE Mediterranean Partners? Wednesday, July 9, 2014 10:00 am U.S. Capitol Visitor Center Room SVC 203/202 The Organization for Security and Cooperation in Europe (OSCE) and its Parliamentary Assembly (OSCE PA) have cooperated closely through tangible projects, expertise exchanges, election assistance, conferences, and rich dialogue to advance human security with the OSCE Mediterranean Partners for Cooperation – Algeria, Egypt, Israel, Jordan, Morocco, and Tunisia. A hearing of the Commission on Security and Cooperation in Europe will serve as an opportunity to take stock of political developments among the Mediterranean Partners in the years following the popular uprisings that began in late 2010, now often referred to as the “Arab Awakening.” This hearing will explore political transition among the Mediterranean Partners in terms of current developments in democratic reforms, civil society empowerment, political pluralism, and the role of international community engagement. The following witnesses are scheduled to testify: The Honorable William Roebuck, Deputy Assistant Secretary of State for Egypt and the Maghreb, Bureau of Near Eastern Affairs The Honorable William B. Taylor, Vice President for Middle East and Africa of the United States Institute of Peace (USIP) Dr. Shibley Telhami, Anwar Sadat Chair for Peace and Development at the University of Maryland and Brookings Institution Saban Center Non-Resident Senior Fellow Ms. Zeinab Abdelkarim, Regional Director for Middle East and North Africa at the International Foundation for Electoral Systems (IFES)
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press release
U.S. Helsinki Commission to Hold Hearing on Azerbaijan
Wednesday, June 04, 2014WASHINGTON - Today the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) announced the following hearing: The Security, Economic and Human Rights Dimensions of US-Azerbaijan Relations Wednesday, June 11, 2014 10:00 am Russell Senate Office Building Room 432 The Republic of Azerbaijan has been an ally of the United States since its independence in 1991. It is a supplier of energy to Europe and has played an important role in assisting the U.S. and the International Security Assistance Force in Afghanistan through the contribution of troops and as a conduit for the Northern Distribution Network. Azerbaijan is a participating State in the Organization for Security and Cooperation in Europe (OSCE) and in May it assumed the rotating chairmanship of the Council of Europe (COE). Despite membership in both of Europe’s leading human rights institutions, Azerbaijan has been consistently criticized for its undemocratic elections and its use of the judicial system to punish political opponents. As the U.S. Helsinki Commission prepares to attend the OSCE Parliamentary Assembly Annual Session in Baku at the end of June, this hearing will examine the U.S.-Azerbaijan relationship and the impact of regional and domestic issues in Azerbaijan on that relationship. The following witnesses are scheduled to testify: Tom Melia, Deputy Assistant Secretary, Bureau of Democracy, Human Rights and Labor, Department of State Eric Rubin, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs, Department of State Miriam Lanskoy, Director for Russia and Eurasia, National Endowment for Democracy Brenda Shaffer, Visiting Researcher, Center for Eurasian, Russian and East European Studies, Georgetown University
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press release
Cardin Statement on Ukrainian Presidential Elections
Tuesday, May 27, 2014WASHINGTON – U.S. Senator Ben Cardin (D-Md.), Chairman of the U.S. Helsinki Commission and a senior member of the Senate Foreign Relations Commission, issued the following statement on the May 25 early presidential elections in Ukraine. “Sunday’s vote was a day of destiny for Ukraine and a turning point in the nation’s effort to overcome Russia’s interference in Ukraine’s democratic development. It also offers Ukraine a chance to turn a corner on a crippling legacy of corruption. The election also was important for the OSCE which is undertaking massive efforts in Ukraine aimed at fostering stability and encouraging democracy in Ukraine. These elections present an historic opportunity to build and independent, prosperous state based on the rule of law. “I congratulate the Ukrainian people and the interim government on the conduct of yesterday’s free and fair vote. Along with my colleague, Sen. Rob Portman, I was pleased at the opportunity to observe the elections first-hand and witness ordinary citizens who were clearly determined to freely make their choice and be stewards of their own destiny. “At the same time, I deplore the actions of those who have deprived Ukrainians in Russian occupied Crimea and parts of Donetsk and Luhansk regions in eastern Ukraine their right to vote through violence, intimidation and fear. “Ukraine’s people have shown remarkable courage and perseverance over the last six months in the face of tremendous internal challenges and serious and ongoing external threats. We will continue to stand by the people of Ukraine and their newly elected president as they work to overcome these challenges and forge a free, independent and democratic future.”
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hearing
Confronting Internal Challenges and External Threats
Wednesday, April 09, 2014The hearing focused on the current situation in Ukraine and discussed how the United States, along with the including EU and the OSCE, could best assist Ukraine and deters further Russian aggression. Since November of 2014, Ukraine has been in turmoil, with a deteriorating economy, public unrest by millions of protesters against human rights abuses and corruption. Assistant Secretary of State for European and Eurasian Affairs Victoria Nuland discussed the geopolitical complications from Russia’s illegal referendum and annexation of Crimea, and stated that Russia's actions in Ukraine are an affront to the principles of the Helsinki Final Act. The United States' approach to the situation includes four pillars: bilateral and multilateral support for Ukraine's democratic future, the costs imposed on Russia for its aggressive actions, efforts to de-escalate the crisis diplomatically, and unwavering commitment to the security of NATO allies. The hearing also highlighted the work of the Commission’s delegation sent to monitor Ukraine’s May 25th elections.
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press release
U.S. Helsinki Commission to Hold Hearing on Ukraine
Wednesday, April 09, 2014WASHINGTON - The Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today announced the following hearing: Ukraine: Confronting Internal Challenges and External Threats Wednesday, April 9, 2014 10:00 am Room 215 Dirksen Senate Office Building Following the February 22 removal of the corrupt Yanukovych regime, the new interim government has been working to address numerous internal challenges, including badly needed economic and political reforms. This includes preparations for the May 25th presidential elections. At the same time, Russia continues to threaten Ukraine’s sovereignty and territorial integrity with further military intervention and attempts to undermine the legitimacy of the new government. The hearing will offer an assessment of the current situation in Ukraine as it addresses difficult internal challenges exacerbated by Russia’s seizure of Crimea as well as an assessment of ongoing threats and challenges to other countries in the region. The hearing will address current U.S. policy, and how the United States, together with the international community, including the EU and the OSCE, can best continue to assist Ukraine and deter further Russian aggression. Scheduled to testify: The Honorable Victoria Nuland, Assistant Secretary for European and Eurasian Affairs, U.S. Department of State
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press release
U.S. Helsinki Commission to Hold Hearing on Developments in the Western Balkans and Policy Responses
Wednesday, March 05, 2014WASHINGTON–The Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today announced the following hearing: Developments in the Western Balkans and Policy Responses Wednesday, March 5, 2014 10:00 am Dirksen Senate Office Building Room 106 Scheduled to testify: Hoyt Yee, Deputy Assistant Secretary for European and Eurasian Affairs, U.S. Department of State Tanja Fajon, Member (Slovenia), European Parliament Kurt Volker, Executive Director, the McCain Institute for International Leadership The countries of the Western Balkan region of Europe – Albania, Bosnia-Herzegovina, Croatia, Kosovo, Macedonia, Montenegro and Serbia – have started 2014 with a mix of challenges and expectations. Elections, dialogue and ongoing reform will be shaped by the hope of taking the next steps toward European and Euro-Atlantic integration, with each country at a different stage of achievement or preparedness but all of them sharing an interest in progress, advancement and stability across the entire region. The hearing will feature the official views and policy approaches of the United States toward the countries of the Western Balkans, supplemented by the insights and analysis of experts from both sides of the Atlantic.
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hearing
Developments in the Western Balkans and Policy Responses
Wednesday, March 05, 2014This hearing on the Western Balkans examined the progress being made towards democratization. Commissioners Benjamin L. Cardin and Christopher H. Smith presided over the hearing, which included testimonies from: Hoyt Yee, Deputy Assistant Secretary for European and Eurasian Affairs for the U.S. Department of State; Tanja Fajon, Member for the European Parliament from Slovenia; and Kurt Volker, Executive Director of the McCain Institute for International Leadership. This hearing held great significance, not only for the members of the Commission, but the wider foreign policy community, as whilst the Western Balkans is no longer the setting for violent conflict that it was two decades ago, the United States has had to devote considerable resources—financial, diplomatic and military —to restore peace and to encourage the democratic and other reforms necessary to sustain it. However, that job is not yet done—the need to see the task of a stable, democratic and fully integrated Western Balkans is yet to be completed. http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce030514
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article
Bulgaria Holds Early Parliamentary Elections; OSCE Mounts Full-Scale Election Observation Mission
Tuesday, May 28, 2013By Helsinki Commission Staff Country-Wide Street Protests Trigger Snap Elections In early 2013, 30 Bulgarian cities were rocked by demonstrations. In some instances, violence erupted between demonstrators and police. In addition, in the months immediately preceding the elections, six people committed suicide by self-immolation in acts of public protest and desperation. The street demonstrations were triggered by sharply rising electricity rates in a country widely described as the poorest of the EU’s 27 members. Discontent was further fueled by dissatisfaction with political leaders across the board and widespread corruption. In February, following the street demonstrations, Prime Minister Boyko Borisov resigned, paving the way for May 12’s early parliamentary elections. For those elections, 8,100 candidates stood for seats in the 240-member unicameral National Assembly allocated by proportional representation from 31 multi-mandate constituencies (with a 4% threshold for both parties and coalitions to enter parliament). Altogether, 63 parties (38 outside of coalitions and 7 coalitions) were registered as well as two independent candidates. The resulting ballot was roughly a yard long. OSCE Mounts Full-Scale Election Observation Mission The OSCE mounted a full scale Election Observation Mission (EOM) – the first in Bulgaria since 1997 and the first ever in an EU country. Eoghan Murphy (MP, Ireland) was appointed by OSCE Chair-in-Office Leonid Kozhara to serve as Special Coordinator and leader of the short-term observer mission (parliamentarians and observers seconded by OSCE participating States). The OSCE Office for Democratic Institutions and Human Rights (ODIHR) long-term observer team was headed by Miklos Haraszti. Roberto Battelli (MP, Slovenia) headed the OSCE PA delegation. Andreas Gross (MP, Switzerland) headed the observers from the Parliamentary Assembly of the Council of Europe (PACE). On Election Day, there were 158 observers deployed from 39 countries. Of an estimated 6.9 million voters (a number that, in any case, the OSCE and Council of Europe Venice Commission suggest may be high), 3,541,745 went to the polls. Voter turnout was at about 50 percent – the lowest turnout since the fall of communism – reflecting the voters’ antipathy even more than apathy. Approximately 850,000 votes were cast for parties that failed to overcome the 4% threshold to get into parliament. Reportedly 107,799 Bulgarian citizens voted abroad, with 63,152 votes cast in Turkey. The Mysterious Case of the Extra Ballots The administration of the elections on E-Day was largely unremarkable. It was, however, preceded by two separate but related wiretapping scandals suggesting that the Ministry of Interior had bugged journalists and state officials. The day before the elections, an “extra” 350,000 ballots were discovered in a printing house in Sofia. (A week after the elections, it was reported that more than 2,000 extra stamps for electoral commissions had also surfaced.) In its preliminary findings, the Election Observation Mission drew particular attention to the alienation of voters, lack of confidence in the electoral process, concerns over ballot security (the “extra” ballots), and persistent allegations of vote buying or voter intimidation. (A final report from the Mission is forthcoming.) Roma and Other Minorities in the Electoral Context Bulgaria has a population of 7.36 million (from almost 8 million in the 2001 census and roughly 8.4 million in the 1992 census). This continuing drop reflects declining birth rates and labor migration to other parts of Europe. The ethnic Turkish minority comprises 8.8 percent of the population. Almost 5 percent of the population self-identified as Romani on the last census, but Roma are estimated to be roughly 10 percent of the population. Last year, the Bulgarian Government estimated that 23 percent of the working age population is Romani. The Bulgarian Constitution prohibits the formation of political parties on ethnic, racial or religious lines, which is contrary to OSCE and other international norms on freedom of assembly. The OSCE has criticized this restriction in previous reports on Bulgarian elections. The Electoral Code stipulates that the election campaign must be conducted in the Bulgarian language only, also contrary to standards on free speech and minority language use set out in the 1990 Copenhagen Document. These restrictions also impede get-out-the-vote efforts. The Movement for Rights and Freedoms is, de facto, an ethnic Turkish minority party, although it has largely been allowed to function with a wink and a nod from the authorities. After the elections, it was reported that Lyutvi Mestan, head of the MRF party, was fined in Sliven for campaigning in Turkish. Bulgaria's last two local and Presidential elections (which were held simultaneously in 2007 and 2011) were preceded by outbreaks of anti-Roma violence. In 2011, just a few weeks before the elections, 14 Bulgarian cities erupted into anti-Roma riots. In July 2012, the headquarters of the EuroRoma political party were firebombed, killing one man. The investigation has not produced any results. On April 8, 15 Romani civil society organizations withdrew from their advisory role with the National Council for Cooperation on Ethnic and Integration Issues, effectively deeming the government’s work in this area and the consultative process to be a sham. There were no Roma in electable positions on the lists for any of the leading parties. As a result, the National Assembly produced by the May 12 elections will be the first Bulgarian parliament since the fall of communism to have no Romani MPs.
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hearing
Democracy in Albania: the Pace of Progress
Monday, May 06, 2013Prior to 1991, Albania was ruled by one of the communist world’s most repressive regimes and was the only country in Europe refusing to participate in the Helsinki process. In the two decades following, the country made enormous strides to become a democratic state where human rights are respected and to become an active participant in European affairs, and became a member of the NATO Alliance in 2009. Despite this progress, Albania continues to struggle in building its democratic institutions and practices, including respect for the rule of law. As Albania prepared for parliamentary elections in June 2013, this hearing assessed the degree to which progress has begun to fall short of expectations at home and abroad, and what could be done to accelerate the pace of further reforms related to good governance.
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hearing
Georgia’s Parliamentary Election: How free and fair has the Campaign been, and how should the U.S. Government Respond?
Thursday, September 20, 2012Georgia’s upcoming election will be a critical moment in the country’s development of democratic governance. An energized opposition coalition has posed the first serious challenge in years to the ruling party. The opposition has accused the government of harassment and skewing the playing field, while the government has denied these allegations and charged opposition with violating campaign laws. The atmosphere of the campaign and contending claims has been unusually heated, with both sides employing lobbyists to make their case in foreign capitals, especially Washington. The focus of the hearing will be on the election’s fairness during the run-up to the vote and vote count, human rights issues connected to the election, and U.S. policy in response. The administration witness, Deputy Assistant Secretary Thomas Melia, has just returned from leading an interagency delegation to Georgia to assess the pre-election environment.
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hearing
Ukraine's Upcoming Elections: A Pivotal Moment
Thursday, May 17, 2012This hearing focused on concerns of democratic backsliding in Ukraine under President Viktor Yanukovych. In particular, the witnesses and commissioners discussed their concerns with the October 2010 local elections, the March 2012 mayoral elections. The witnesses, including the representative from several different non-governmental organizations working on democratic development in Ukraine, spoke about the impact of corruption, controls over the media and harassment of NGOs on the electoral process. Evheniya Tymoshenko, the daughter of imprisoned former Prime Minister Yulia Tymoshenko, also spoke about her mother’s case.
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hearing
Healing the Wounds of Conflict and Disaster: Clarifying the Fate of Missing Persons in the OSCE Area
Tuesday, February 28, 2012The hearing examined efforts by governments and their partners in clarifying the fate of persons missing within a number of OSCE participating States and partner countries, especially in the western Balkans and northern Caucasus. The hearing also appraised the adequacy of assistance to governments and other entities engaged in locating missing persons, the obstacles that impede progress in some areas, as well as how rule of law mechanisms help governments fulfill their obligations to the affected families and society in clarifying the fate of missing persons. Currently, over a million persons are reported missing from wars and violations of human rights. In addition, there are thousands of reported cases a year of persons missing from trafficking, drug-related violence, and other causes. Locating and identifying persons missing as a result of conflicts, trafficking in humans and human rights violations and other causes remains a global challenge, with significant impact within the OSCE area.
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hearing
Kazakhstan: As Stable As Its Government Claims?
Wednesday, January 25, 2012This hearing was led by Rep. Chris Smith (NJ-04) and Benjamin L. Cardin following the shooting of protesters by security forces in Kazakhstan. The implication for this was less certainty concerning the stability of Kazakhstan’s repressive government. The hearing examined was whether Kazakhstan’s poor human rights record factored into the country’s instability.
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article
The OSCE 2011 Human Dimension Implementation Meeting
Monday, December 26, 2011By Erika B. Schlager, Counsel for International Law Overview From September 26 to October 7, 2011, the OSCE participating States met in Warsaw, Poland, for the annual Human Dimension Implementation Meeting (HDIM). The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights, according to an agenda approved by consensus of all 56 participating States. The HDIM is Europe’s largest annual human rights gathering and provides a venue for participating States and non-governmental organizations (NGOs) to review the implementation of the full range of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. In 2011, those subjects were: 1) “Democratic elections and electoral observation,” 2) “Freedom of movement,” and 3) “Enhancing implementation of OSCE commitments regarding Roma and Sinti.” U.S. Delegation The U.S. Delegation was headed by Ambassador David Johnson. Other members of the delegation included Ambassador Ian Kelly, Head of the U.S. Mission to the OSCE; Ambassador Cynthia Efird, Senior State Department Advisor to the Helsinki Commission; Ambassador Suzan Johnson Cook, Ambassador-at-Large for International Religious Freedom; and Deputy Assistant Secretary of State for the Bureau of Democracy, Human Rights, and Labor Thomas Melia. Helsinki Commission staff participated in all aspects of the delegation’s work. Patrick Merloe, National Democratic Institute, Kathleen Newland, Migration Policy Institute, and Ethel Brooks, Rutgers University, served as Public Members of the delegation, addressing democratic elections, freedom of movement, and the situation of Romani people in the OSCE region respectively. Public Members have traditionally been included in U.S. delegations to OSCE human dimension meetings as a means of bringing special expertise to the U.S. delegations and to promote greater knowledge of the OSCE process in civil society. Highlights of This Year’s Meeting The severe crackdown in Belarus which followed elections last December was a focus of attention throughout the two-week meeting, both in formal sessions and special side events. During the final session, the United States delivered a statement focused on the use of the Moscow Mechanism regarding Belarus -- an OSCE tool used in exceptional circumstances to conduct fact-finding regarding extreme human rights concerns. The mechanism had been invoked in April by 14 participating States and a report was presented to the OSCE Permanent Council by the Mechanism Rapporteur, Professor Emmanuel Decaux, on May 28. NGOs also demonstrated throughout the meeting on behalf of Belarusian political prisoner Alex Bielatskiy. The United States also raised issues which remain unresolved following the 2003 invocation of the Moscow Mechanism regarding Turkmenistan. In particular, Ambassador Johnson drew attention to the continued disappearance of Ambassador Batyr Berdiev, the former representative of Turkmenistan to the OSCE. Although Turkmenistan officials did not to participate in the HDIM, human rights groups concerned with Turkmenistan were present and members of the opposition-in-exile made a statement expressing their willingness to return to Turkmenistan and participate in the February 2012 presidential elections. They also called for the OSCE to conduct a full election observation mission for those elections. In its opening statement, the United States observed that Kazakhstan had failed to fully implement the commitments on domestic reform it had made in 2007 in Madrid upon receiving the Chairmanship for 2010, that leading human rights activist Yevgeniy Zhovtis remained in prison as a result of a trial that lacked due process, that Kazakhstan had adopted measures in a one-party parliament giving the current president continued power and immunity from prosecution for life and had held a poorly-conducted snap presidential election following an attempt to push through a referendum to obviate future elections for the incumbent. Although Kazakhstan protested the U. S. characterization of 2010 as “a year of missed opportunities for reform,” Kazakhstan’s adoption of a new restrictive religion law during the course of the human dimension meeting illustrated the very point the United States was making. In fact, of the topics restricted to three-hour sessions, the subject of religious liberties was the most oversubscribed, with Kazakhstan’s new religion law generating particular criticism. As at previous meetings, the allocation of time during the meeting was highly problematic, with speaking time at some of the sessions limited to only one or two minutes to accommodate dozens desiring the floor, while other sessions ended early with time unused. Other real-time developments during the HDIM also found their way into discussions. Following the outbreak of fighting on September 27 at a Kosovo border crossing with Serbia, Serbian representatives at the meeting engaged in a sharply worded exchange with Albanian officials. (Serbia's engagement at the meeting was of particular note in light of Belgrade's bid to serve as OSCE Chair-in-Office in 2014.) The outbreak of anti-Roma rioting in every major Bulgarian town or city during the HDIM underscored the urgency of addressing the chronic human rights problems affecting Roma as well as the acute and escalating crises. Many participants also raised concern regarding continuing human rights abuses against ethnic Uzbeks in southern Kyrgyzstan in the wake of widespread violence last year and in advance of Kyrgyzstani elections in October. During the formal sessions, NGOs demonstrated on behalf of Kyrgyzstani political prisoner Azhimzhon Askarov. The United States engaged fully in all aspects of the meeting, holding bilateral meetings with other OSCE participating States and extensive consultations with NGOs. The United States also organized two side events. The first focused on on the Hague Convention on the Civil Aspects of International Child Abduction. Professor Louise Teitz from the Hague Permanent Bureau (an intergovernmental organization that administers this and other Hague Conventions), and Corrin Ferber from the Department of State, made presentations, with additional comments provided by Consul General Linda Hoover, U.S. Embassy Warsaw. The second event focused on fundamental freedoms in the digital age. DAS Thomas Melia moderated the discussion, which included comments by the OSCE Representative on Freedom of the Media, Dunja Mijatovic; Agata Waclik-Wejman, policy counsel for Google; and Nataliya Radzina, a Belarusian journalist who faces a lengthy prison sentence in Belarus. Conclusions The Human Dimension Implementation Meeting served as an important forum for the United States to raise issues of concern, both formally and informally, and to hold extensive consultations with governments, OSCE officials, and representatives of civil society. That said, this year's HDIM was somewhat diminished relative to past meetings. First, member states of the European Union appeared divided or preoccupied (or both). As a consequence, on a number of subjects – for example, the session that included migrant workers, refugees, and displaced persons -- there was neither a coordinated European Union statement nor statements by individual EU member states speaking in their national capacity. This voice was missed. Second, the level of participation on the part of governments as well as civil society was reduced. This may be in part due to economic factors. But it may also reflect other factors. Prior to the HDIM, for example, Belarus and Russia dragged out the adoption of an agenda until the last possible moment, making it especially hard for NGOs to plan their participation. In addition, OSCE has, in recent years, scheduled so many human dimension meetings throughout the year that it is difficult for government and non-governmental experts to cover them all. (In addition to the discussion of tolerance and non-discrimination at the HDIM, those issues have been or will be addressed at three different ad hoc meetings, as well as one of the Supplementary Human Dimension Implementation Meetings.) The Lithuanian Chairmanship also scheduled some meetings in Vienna during the HDIM, although the modalities call for all Vienna meetings to be suspended during the HDIM to facilitate participation by the representatives to the OSCE. Similarly, the OSCE Parliamentary Assembly fall meeting overlapped with the final sessions of the HDIM. In fact, the modalities for the OSCE's human dimension activities were a dominant theme during the HDIM's closing session -- presaging the opening of discussions in Vienna on that issue held immediately after the HDIM at the insistence of Belarus. While many governments, including the U.S., believe the way in which the OSCE organizes its human dimension activities could be improved, the discussions themselves risk being held hostage by those countries inimical to the OSCE's human rights work.
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hearing
Combating Anti-Semitism in the OSCE Region: Taking Stock of the Situation Today
Friday, December 02, 2011By most accounts, and thanks to the work of many courageous nongovernmental organizations (NGOs) the despicable evil of anti-Semitism has decreased in most parts of the OSCE region in recent years – but it still remains at higher levels than in 2000. This is simply unacceptable, and it was the topic discussed in this hearing. Concerns raised included political transitions in the Arab world and how they might affect Muslim-Jewish relations, including in Europe; the importance of engagement with Muslim communities in Europe; and growing nationalist and extremist movements that target religious and ethnic minorities. Additionally the roles of the OSCE, U.S. government, and Congress in addressing continuing issues of anti-Semitism at home and abroad were discussed.
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in the news
U.S. Congressman Pledges to Push for ICC Indictment of Belarusian President Lukashenka
Wednesday, November 16, 2011The chairman of the U.S. Helsinki Commission has pledged to call on the Obama administration to push for the indictment of hard-line Belarusian President Alyaksandr Lukashenka by the International Criminal Court (ICC). While the chances of an indictment are unlikely, the pledge by Representative Chris Smith (Republican, New Jersey) was a clear sign that U.S. lawmakers have not forgotten the egregious human rights situation in the country ruled by the man some dub "Europe's last dictator." At a Helsinki Commission hearing that focused on Minsk's continuing crackdown on political opposition and civil society, Smith said he would send a letter to members of the Obama administration and the UN Security Council asking them to push for the indictment. In an interview with RFE/RL, he later said, "When you commit atrocities for 17 years, as [Lukashenka] has done, the time has come." "[Although] Belarus is not a signatory to the ICC, to the Rome Statute -- and nor are we, frankly -- we've done this before, and we did it with [President Omar al-] Bashir in Sudan. It will take a lot of work, but we need to begin that effort now to get the [UN] Security Council to make a special referral to begin that process," he said. "I'm sure China and Russia will object, but that's worth the fight, because this man commits atrocities on a daily basis against his own people," Smith added. The congressman made his pledge following the testimony of former Belarusian presidential candidate Ales Mikhalevich, who is in Washington for the first time since his release from a detention center in Minsk on February 19. Mikhalevich was one of seven opposition candidates and more than 600 people arrested during the regime's violent crackdown on protesters following Lukashenka's disputed reelection in December 2010. The official reaction to demonstrations drew widespread international condemnation and a coordinated sanctions program by Brussels and Washington. The financial and travel restrictions were accompanied by a boost in funding for the country's beleaguered civil society, journalists, and activists. As the one-year anniversary of the election approaches, watchdogs say the jailing and harassment of human rights defenders and protesters continues, while the independent media and judiciary face intense, often institutionalized, pressure. Mikhalevich says he had to sign agreement on collaborating with the Belarusian state security forces, which are still called the KGB, in order to secure his release. He has since been granted political asylum in the Czech Republic. Ahead of meetings with State Department officials and Washington-based NGOs, he told U.S. lawmakers that supporting Belarusian civil society -- and not holding out hope that Lukashenka will reform -- is the only way to effect change. "I'm absolutely sure that Lukashenka is ready to defend his power by all possible means. Unfortunately, we can compare Lukashenka with [former Libyan leader Muammar] Qaddafi. So I urge the United States, the European Union, and the international community not to trust another game of liberalization badly played by the regime," he said. "Cooperate only with independent civil society in Belarus: nongovernmental organizations, both unregistered and registered, independent newspapers and media, and democratic activists." Analysts say Lukashenka has long employed the tactic of pledging to loosen to grip on the country in exchange for a reprieve from sanctions -- a tactic that has worked in the past. Observers say he has also sought to capitalize on rifts between the United States and the EU, as well as between neighboring Russia and the West, to inhibit united action against his regime. After testifying, Mikhalevich told RFE/RL that he hoped the United States would more fully take on the role of "bad cop" if the EU, which borders Belarus and relies on it as a transit country for gas from Russia, hesitates to do so. "I'm absolutely sure than in order to succeed, the international community should have both the good cop and bad cop. Someone should play the role of the bad cop, and unfortunately, the European Union would not play this role. So I hope that the United States will be ready to do it," Mikhalevich said. Mikhalevich also offered a harrowing account of what he called "constant mental and physical torture" during his two months in custody, including being "stripped naked and forced to assume various positions." "Our legs were pulled apart with ropes and we could feel our ligaments tear," Mikhalevich said in his prepared remarks. Smith appeared visibly moved by account. "Rather than calling them the KGB, it ought to be called the KGB 'P' for 'perverts.' Masked men who strip other men naked, and women, presumably, as well -- those are acts of perversion that should not go unnoticed by the international community," said the Congressman. In July, the U.S. House of Representatives approved a bill sponsored by Smith that would strengthen existing sanctions against Minsk. It is awaiting consideration in the Senate. Smith told RFE/RL that Western attention on the situation in Belarus had been "obscured" to some extent by the events of the Arab Spring, and especially by the global economic downturn. He said that pushing for ICC action would be a sign that human rights are not "taking a back seat." "I've been very much involved for years in the special [UN-backed] court that [U.S. prosecutor] David Crane oversaw for Sierra Leone, and what I learned from that, and from the Rwandan court, and of course from the Yugoslav court, which held [Slobodan] Milosevic and [Ratko] Mladic and [Radovan] Karadzic to account, is that these thugs are frightened by the fact that they may be held to account. And Lukashenka will fear it, I believe, if we make a very serious effort to hold him to account at the International Criminal Court," said Smith. Mikhalevich told RFE/RL that he thinks the chances of ICC action against Lukashenka are slim, but that the prospect of such a move could help pressure the regime to release its political prisoners. "I think that definitely, it's very difficult to organize any [such] political process unless thousands of people are being killed, but still, it's necessary to do all attempts," he said. "And you never know how this regime will develop -- and how many victims we will have next year."
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hearing
From Arab Spring to Coptic Winter: Sectarian Violence and the Struggle for Democratic Transition in Egypt
Tuesday, November 15, 2011On Sunday, October 9, 2011, 25 people were killed and more than 300 injured when the Egyptian military attacked a peaceful group of Coptic Christians protesting the burning of a church in Aswan. In what has been deemed the “Massacre at Maspero,” referring to the location of the demonstration, witnesses say the army fired on the demonstrators with live ammunition and plowed into the crowd with armored vehicles. The military denied the use of live ammunition and claimed that their soldiers were attacked by an armed mob. The military has arrested at least 28 people, almost all Copts, including prominent blogger Alaa Abdel Fattah, and brought them before military prosecutors. The hearing focused on violence perpetrated against the Coptic Christians in Egypt, the implications of the events for that community and the current Egyptian leadership, and prospects for the consolidation of democracy in Egypt.
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hearing
Belarus: The Ongoing Crackdown and Forces for Change
Tuesday, November 15, 2011Nearly one year after the brutal post-December 19, 2010, election crackdown, the human rights picture in Belarus remains bleak. Brave and committed individuals who attempt to promote a democratic future for Belarus continue to be crushed by the dictatorial Lukashenka regime. Civil society continues to be under assault, with NGOs facing ever greater constraints, and freedoms of assembly and expression are severely curtailed. Yet the ongoing economic turmoil has produced growing disaffection, as manifested in Lukashenka’s plummeting popular support, and a changing domestic and international environment. The hearing will focus on the extent and impact of the crackdown on the lives of its victims and on the larger society, and what more can be done by the U.S. and our European partners to promote democratic change in Belarus.
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speech
Good Governance
Saturday, October 22, 2011Economic and Environmental Dimension Implementation Meeting Session 3: Good Governance Before I begin, I’d like to thank the panelists today for their excellent and informative presentations. The United States has viewed with keen interest the evolving discussions in recent years on what the OSCE’s priorities should be in the Economic and Environmental Dimension. As our friend and colleague Mr. Svilanovic pointed out during last year’s Vienna Review Conference, we appear to have come to an appreciation that good governance is the key linking theme across the entire second dimension. The Maastricht Strategy is very clear on this point: “Good public and corporate governance and strong institutions are essential foundations for a sound economy, which can attract investments, and thereby enable States to reduce poverty and inequality, to increase social integration and opportunities for all, and to protect the environment. Good governance at all levels contributes to prosperity, stability and security.” As we consider the implementation of our second dimension commitments, however, we should keep in mind why it is important to implement those commitments. The global economic downturn continues to put extreme pressure on people and governments across the OSCE region. To be sure, some countries have weathered the storm better than others. Still, no country can be forever immune to market forces, and even within those that have done well, there are always citizens left behind. This is certainly the case in the United States, and for this reason President Obama is focused intently on how best to put those Americans without a job back to work. We all know that trade and investment are critical drivers of economic growth. Indeed, recognizing this important reality, the Obama Administration has launched the National Export Initiative, which seeks to deepen our strategic trade relationships around the world, recognizing that 85 percent of world GDP growth will occur outside the United States in the coming few years. As we encourage more American businesses – large and small – to embrace international trade, seek opportunities in new markets, and make strategic investments that will lead to increased global trade flows, we are keenly aware of the challenges and costs posed by official corruption, weak institutions, and lack of respect for property rights, including intellectual property. Weak governance and lack of transparency constitute non-tariff barriers to trade, which we have committed ourselves to eliminating. Furthermore, the same issues that deter trade and investment also work against comprehensive security: a lack of transparency in governance leads to diminished confidence that problems and disputes will be addressed in a fair and impartial manner. Without trust and confidence in public institutions, there is little incentive for investors and companies to pursue trade deals or direct investment in those economies. The effect is stagnating economic performance, which, as we have seen in the past several months and years, can lead to political upheaval. The United States Government is deeply committed to fostering good governance and transparency in its political and economic institutions. President Obama has made the global fight against corruption a top priority. As he has noted, “In too many places, the culture of the bribe is a brake on development and prosperity. It discourages entrepreneurship, destroys public trust, and undermines the rule of law while stifling economic growth.” The real world costs of corruption and weak institutions should not be underestimated. The World Bank estimates that more than one trillion dollars in bribes are paid each year out of a global economy of approximately 30 trillion dollars. That's an incredible three percent of the world’s economy. In 2009, companies lost nearly $25 billion to companies willing to pay bribes in deals for which the outcome is known. And bribery is especially costly for small and medium-size enterprises (SMEs): a separate study has shown that up to 25 percent of SME operating capital in companies operating internationally is diverted to corruption. That is a staggering figure that illustrates how corruption diverts scarce resources to thoroughly unproductive ends. Corruption is a global problem that knows no borders. And that’s why corruption demands a truly global response – one that knows no limits on collaboration. The Obama Administration is doing its part to implement its obligations under the OECD Anti-Bribery Convention by enforcing the U.S. Foreign Corrupt Practices Act (FCPA) strictly and fairly. We are determined to ensure that U.S. businesses do not contribute to corruption in foreign markets. At the same time, we are determined to do what we can to assist them in the fight against foreign corruption, and against the high risk and significant costs of corruption in such markets. Regrettably, at this stage, the lack of enforcement of domestic bribery laws, and of foreign bribery laws by many nations that are Parties to the OECD Anti-Bribery Convention is extremely troubling and raises concerns about a lack of political will. Governments can and should prosecute both those who give bribes and those who receive them, both at home and abroad. And the OSCE should continue to encourage participating States to adopt and enforce rigorous anti-bribery regimes. Of course, the fight against corruption is not simply a law enforcement matter; rather it can also be a significant – if not the most significant – non-tariff barrier all companies face. Accordingly, the U.S. Department of Commerce and the International Trade Administration (or ITA) are committed to working with our trading partners to level the playing field and to promote transparent and corruption-free markets globally. Our work to promote clean and ethical business environments occurs at both the multilateral and bilateral level. At the multilateral level, the ITA is pressing its counterparts to lead by example and to implement comprehensive anti-corruption measures. In addition to our work through the OECD, the United States has been working diligently to persuade the G20 countries to adopt a comprehensive anti-corruption action plan, which includes a commitment focused on adoption and robust enforcement of anti-bribery laws, implementation of the UN Convention Against Corruption, greater engagement with the private sector, and support for transparency mechanisms, to name a few. Many of these commitments require our G20 partners to enact and implement new laws and preventive measures. The United States, at ITA’s initiative, in particular, took the lead on proposals relating to the private sector and also on whistleblower protection, within the G20. In the United States, whistleblowers play a crucial role in helping to enforce anti-corruption law. This principle is also embodied in international conventions. Articles 12 and 13 of the UN Convention require States Parties to prevent corruption in the private sector and promote the fight against corruption with the business community and civil society. Unless governments can protect whistleblowers, it is unlikely that they can identify or address systemic causes of corruption. The United States believes robust whistleblower protection should be an essential part of any good governance initiative in the OSCE, and I was encouraged to hear Ambassador O’Leary indicate that this will be an area of focus under the Irish Chairmanship. The U.S. Department of Commerce has also been committed to fostering strong private sector integrity as an integral part of promoting good governance in markets worldwide. Companies are global corporate citizens, and as such, can work collectively and with governments to foster trust, and promote transparency. I hope that some our work may provide a useful model for the OSCE to consider as it looks to embrace good governance and anti-corruption as a priority for the second dimension, a goal we fully support, and which I am personally committed to supporting. For example, the ITA has championed business ethics and corporate governance reform since the early 1990s, following the fall of the Berlin Wall. Our Business Ethics Manual has been translated into Chinese, Spanish and Russian and is still one of the most widely used resources on this important topic. We have partnered with business associations and chambers of commerce to develop collective action and business ethics program in many markets. Our work on business ethics has grown. This past year, the ITA has focused on trying to heighten awareness of good governance, transparency and business ethics in sectors of vital importance to many economies – by taking a “sectoral” approach to combating corruption and promoting good business practice, the challenge of dealing with corruption becomes less daunting. The ethical issues specific to different industries vary greatly – and there is no one-size-fits-all approach to the problem. Within the G20, for example, the United States, at the initiative of the U.S. Department of Commerce, has taken the lead in calling for the G20 to endorse additional sectoral approaches to fighting corruption, beyond the Extractive Industries Transparency Initiative (EITI). We have asked G20 governments, for example, to consider supporting the Construction Sector Transparency Initiative (COST) – a new multistakeholder initiative, developed by the World Bank. COST uses similar approaches to EITI to promote greater transparency in public infrastructure projects and government procurement. I hope that the OSCE might similarly consider COST and other multistakeholder approaches to promoting transparency under the Irish chairmanship. Within APEC, the ITA has focused on developing new ethical principles for key sectors within the APEC region. I am pleased to report that under the APEC SME working group, we have coordinated a project with APEC countries and businesses to develop principles of business ethics in the construction, medical devices and biopharmaceutical sectors. These voluntary principles are meant to be used by businesses and trade associations – large andwithin the OSCE framework and the EEDIM, we might also consider focusing on business ethics in specific sectors of interest to all of our economies. I want to close by suggesting some activities to take the theme of good governance and transparency forward. In addition to encouraging the OSCE to formally endorse the Extractive Industries Transparency Initiative—a move that would send an important signal about this body’s commitment to the principles of good governance and transparency—the U.S. encourages us to explore whether there are additional sectoral initiatives that merit support from the OSCE, including the Construction Sector Transparency Initiative. The United States Government also strongly supports the Irish Chair’s goal to develop a Statement or Declaration of Transparency Principles to help guide our governments in their future activities. I want to encourage us to consider new models of bilateral cooperation to promote good governance such as the model Mr. Murray just discussed, leading to a public-private initiative in the Russian power generation sector. We at the U.S. Department of Commerce are working closely with the Center for Black Sea/Caspian Studies at American University to potentially convene a conference in May of next year that would seek to address the challenge of developing mechanisms to ensure good governance and transparency, while also balancing the goals of protecting national security and accelerating economic development faced by the countries of the Caucasus and Central Asia, as they seek to assert their role as a gateway between Europe and Asia. In addition, the conference will also focus on specific market access challenges to regional integration and economic development in the Caucasus and Central Asia such as transparency in Government procurement and privatization, and trade facilitation challenges, including customs and lack of regional harmonization. It is our hope that the OSCE will join us for this event – focused on critical areas such as transport and infrastructure – to work on tangible ideas for projects and collaborations in the OSCE region. We look forward with great interest to the 20th Economic and Environmental Forum, where we will delve deeper into all the facets of good governance. We also thank the Lithuanian Chairman-in-Office for ensuring that their draft Ministerial Council decision on Energy Security incorporates transparency in the energy sector – in our view, considering the vital role that energy plays in modern economic life, there can be no confidence, and thus no security, without energy transparency. In the year ahead, we envision an even broader focus on transparency principles across the entire spectrum of economic and environmental activities, and will work with all of our colleagues in the OSCE to make that vision a reality. Thank you, Mr. Moderator.
Mr. Speaker, today, I am introducing a concurrent resolution which calls for the July 3rd parliamentary election in Albania to be free and fair. Joining me in the introduction of this resolution is Mr. Engel, and I want to thank my colleague from New York for his efforts over the years to help Albanians throughout Southeastern Europe be able to exercise human rights and fundamental freedoms that for so long had been denied them.
This resolution notes that Albania is a participating State of the Organization for Security and Cooperation in Europe, better known as the OSCE. It further notes that all OSCE participating States have accepted standards which define free and fair elections but that Albania has repeatedly fallen short of those standards. Some elections have been seriously flawed, while others demonstrated a clear and sometimes significant improvement.
As Albania approaches its next parliamentary elections on July 3rd, however, the resolution argues that meeting OSCE election standards is not only possible but a virtual necessity.
Meeting these standards is possible, fortunately, because Albanian authorities and political parties have adopted electoral reforms recommended by the OSCE. While Albanian stakeholders made the right and sometimes difficult decisions regarding reform, credit also needs to go to the OSCE Presence, or field mission, in Albania which facilitated the dialogue and encouraged cooperation, as well as the OSCE's Office for Democratic Institutions and Human Rights which provided technical expertise to the reform effort. The OSCE was patient yet firm in pressing for change, while other international groups gave needed expertise.
Meeting these standards is necessary not only because Albania is committed to those standards, but also because a failure to do so will cost the country dearly in terms of integration into NATO and the European Union. While there are strong ties between the United States and Albania, which this resolution recognizes, it would be a mistake to excuse Albania from its OSCE commitments.
Our desire to see Albania succeed, in fact, is why our expectations regarding the elections need to be made so clear. Successful elections will certainly strengthen Albania's ties with the United States and Europe. More importantly, successful elections are something the people of Albania deserve. After centuries of foreign rule, decades of severe communist repression and isolation, and now more than a decade of transition hindered by official corruption, organized crime and civil strife, the people of Albania must finally be allowed to determine their own future by making their leaders accountable to them. Free, fair elections can make this possible.
Mr. Speaker, I hope that my colleagues agree and will therefore support this resolution. As Co-Chairman of the Helsinki Commission, I have focused on the situation in Albania for many years, and I am confident that sending the message contained in this resolution will make a difference.