Cardin, Wicker Introduce Bill to Counter Corruption and Promote Good GovernanceThursday, February 04, 2021
WASHINGTON—U.S. Senator Ben Cardin (D-Md.) and Senator Roger Wicker (R-Miss.), incoming Chair of the U.S. Helsinki Commission and Co-Chair, respectively, have re-introduced legislation that would elevate the federal government’s anti-corruption activities. S.158, the Countering Russian and Other Overseas Kleptocracy Act, or CROOK Act, would establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries and streamline work strengthening the rule of law abroad. “Vladimir Putin and other kleptocrats around the world seek to undermine democracy and hollow out the rule of law for their own personal gain. This bipartisan legislation would provide the authority and resources required to fight back against these reprehensible regimes,” said Senator Cardin, a senior member of the Senate Foreign Relations Committee. “Countering corruption and promoting good governance is a national security priority.” “There is no better indicator of the need to confront corruption around the world than Vladimir Putin’s disgraceful actions against democratic activist Alexei Navalny,” Senator Wicker said. “By targeting individual wrongdoers, this legislation would help to counter the influence of corrupt actors on the world stage, whether they be from Russia, China, or Venezuela. Any steps we can take to crack down on illegal practices and strengthen the rule of law are welcome.” The anti-corruption action fund established in the Cardin-Wicker legislation would assist countries where U.S. assistance could significantly increase the chances of successfully transitioning to democracy, combating corruption, and establishing the rule of law. For example, Ukraine in 2014, Ethiopia after the election of a new Prime Minister who instituted important reforms in 2018, or Armenia after the December 2018 parliamentary election. This no-year fund would establish a mechanism to allocate aid and take advantage of ripened political will more quickly. The monies for this fund would derive from a $5 million surcharge to individual companies and entities that incur Foreign Corrupt Practices Act (FCPA) criminal fines and penalties above $50 million. S.158 also would establish several complementary mechanisms to generate a whole-of-government approach to U.S. efforts to strengthen the rule of law abroad. These include an interagency taskforce; the designation of embassy anti-corruption points of contact to liaise with the task force; reporting requirements designed to combat corruption, kleptocracy, and illegal finance; and a consolidated online platform for easy access to anti-corruption reports and materials.
Cardin and Wicker Introduce Global Magnitsky Human Rights Accountability Reauthorization ActWednesday, February 03, 2021
WASHINGTON—U.S. Senator Ben Cardin (D-Md.), incoming Chair of the U.S. Helsinki Commission and author of the Global Magnitsky Human Rights Accountability Act, and Helsinki Commission Co-Chair Senator Roger Wicker (R-Miss.) have introduced the Global Magnitsky Human Rights Accountability Reauthorization Act (S. 93).The bipartisan legislation would extend U.S. sanctions against violators of human rights and corrupt actors so they do not escape the consequences of their actions even when their home country fails to seek justice for their victims. “The Global Magnitsky Human Rights Accountability Act has been a powerful tool in our global effort to protecting human rights and fight corruption. I thank Senator Wicker for working with me to strengthen the law as a message to abusers and kleptocrats who think they can act with impunity,” said Senator Cardin. “This reauthorization will send a clear signal of our national commitment to defending democratic values and the international rules and standards that enable us all to live peaceably together. When human rights abusers and kleptocrats violate these norms, it is incumbent upon us to create concrete consequences.” “When it was introduced, the Global Magnitsky Human Rights Accountability Act was a groundbreaking tool for combating human rights abuses and corruption around the world,” Senator Wicker said. “Since then, the law has helped to hold the worst violators accountable no matter where they are. I look forward to working with Senator Cardin to make this legislation permanent, so that the U.S. can continue to defend human rights abroad.” Actions taken under the Global Magnitsky Human Rights Accountability Act continue to demonstrate the reach, flexibility, and broad scope of the Global Magnitsky authorities. The United States responded to serious human rights abuses and corruption globally, addressing some of the most egregious behavior this tool can attempt to disrupt and deter. These actions targeted, among other things, serious human rights abusers affecting millions of members of Muslim minority groups in northwest China’s Xinjiang province; corrupt actors in South Sudan involved in draining the country of critical resources; and Ugandan officials engaged in an adoption scam that victimized Ugandan-born children. These designations clearly demonstrate the importance of this tool, when appropriate, to target individuals and entities engaging in specified conduct. The Global Magnitsky Human Rights Accountability Reauthorization Act (S. 93) seeks to harmonize the original Act (Title XII, Subtitle F of P.L. 114-328; 22 U.S.C. §2656 note) with Executive Order 13818 by: Removing the victim status requirement to ensure no victim is excluded; Adopting the “serious human rights abuse” and “violation of internationally recognized Human rights” standards to expand the actors and abuses eligible for sanctions; Simplifying the standard for corruption offenses; Supplementing the activity-based targeting standard with a status-based standard; and Allowing for the sanctioning of immediate family members. S. 93 calls for a report on the steps taken through diplomacy and assistance to foreign or security sectors to address persistent underlying causes of serious human rights abuses, violations of internationally recognized human rights, and corruption in each country in which foreign persons have been subject to sanctions. It also repeals the sunset clause in the original legislation.
Hastings Deplores Sentencing of Alexei NavalnyTuesday, February 02, 2021
WASHINGTON—Following the sentencing of Alexei Navalny to two years and eight months in a Russian penal colony, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “Those who uncover the Kremlin’s corruption and demand more accountable government for the Russian people often pay with their freedom—or their lives. After the scheme to kill Alexei Navalny failed, Putin is now trying to silence him with a prison sentence. This mockery of justice is a grave insult to Mr. Navalny and to all Russians who wish to exercise their freedoms without fear of abuse.” On February 2, a Russian judge sentenced Navalny to three and a half years in a prison colony for violating the terms of a suspended sentence related to a 2014 case that the European Court of Human Rights called “arbitrary and unreasonable.” Previous time served under house arrest will reduce his prison time to two years and eight months. On January 29, Helsinki Commission leaders condemned Navalny’s detention in Moscow upon his return from Berlin, where he was recovering from an assassination attempt by the Russian FSB.
Cardin Condemns Sentencing of Russian Opposition Leader Alexei NavalnyTuesday, February 02, 2021
WASHINGTON—U.S. Senator Ben Cardin (D-Md.), a senior member of the Senate Foreign Relations Committee and author of the Global Magnitsky Human Rights Accountability Act, issued the following statement in response to the sentencing of Russian opposition leader Alexei Navalny. “The Russian court case we just witnessed against Alexei Navalny was a farce beyond compare. Mr. Nalvany’s sentence to 2 1/2 more years in prison on charges that he violated the terms of his probation while he was recuperating in Germany from nerve-agent poisoning is appalling. I am deeply disturbed by Putin and his cronies’ continued efforts to repress democracy and independent voices. The international community is watching. There must be consequences for these latest actions. “I encourage the Biden-Harris administration to quickly respond to this latest move by Putin. The list of Russia’s transgressions continues to grow: the apparent use of a chemical weapon against Mr. Navalany, cyberattacks against the U.S. government and U.S. companies, and interfering in U.S. elections. We need to stand up against ongoing, aggressive Russian actions. I urge my colleagues to join me in supporting the bipartisan Global Magnitsky Human Rights Accountability Reauthorization Act (S. 93) and Combatting Global Corruption Act (S. 14) that I have introduced in this Congress. Putin has shown how much he despises Magnitsky laws, which is why we must continue to make them stronger as a strong signal to him and other authoritarian regimes that protecting human rights and fighting corruption are central U.S. national security priorities.”
Helsinki Commission Leaders Condemn Jailing of Navalny, Attacks on Peaceful Protesters across RussiaFriday, January 29, 2021
WASHINGTON—Following Alexei Navalny’s recent arrest, violent attacks on peaceful protesters across Russia, and police raids on the offices and homes of Navalny and his colleagues, Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20), Sen. Roger Wicker (MS), Rep. Joe Wilson (SC-02), and Sen. Ben Cardin (MD) issued the following statements: “Protesters who support Mr. Navalny’s release and seek a more just Russia should not be beaten in the streets and treated like criminals,” said Rep. Hastings. “The true criminals are those who continue to enable Putin and his cronies to steal from the people of Russia.” “What has happened to Alexei Navalny is a travesty. After being poisoned at the Kremlin’s orders, he returned home to Russia only to be jailed for the ‘crime’ of pulling back the curtain on the corruption and violence entrenched in Putin’s system,” said Sen. Wicker. “Those who expose the truth should be rewarded, not condemned.” “If Vladimir Putin did not fear Navalny and his anti-corruption movement, he would not go to such great lengths to silence them,” said Rep. Wilson. “He understands that his power is threatened when the truth is exposed.” “Mr. Navalny must be allowed to return to his family and his work without further harassment by the Kremlin,” said Sen. Cardin. “The Russian people have the right to protest peacefully and advocate for the future of their country without fear of violent retribution from Putin.” In August 2020, Navalny was the victim of a coordinated assassination attempt by the Russian FSB that used a chemical weapon in the Novichok family. After holding him for two days in Russia, Russian authorities allowed Navalny to travel to Berlin, where he spent months recovering, for treatment. Navalny returned to Moscow on January 17 and immediately was arrested. Shortly thereafter, in a makeshift trial in a Moscow police station, Navalny was sentenced to 30 days of pre-trial detention. He will receive his final sentence on February 2. Following Navalny’s detention and his release of an exposé documenting Vladimir Putin’s palace on the Black Sea, thousands of Russians in over 100 cities and towns took to the streets on January 23 to protest. Police responded with widespread violence and over 3,700 people, including more than 50 journalists, were detained. Additional protests are planned for January 31.
Ambassador Max Kampelman’s Contributions to the Helsinki ProcessMonday, January 25, 2021
By Emma Derr, Max Kampelman Fellow The Helsinki Commission’s flagship fellowship program recognizes former U.S. Ambassador Max Kampelman, who spent his life working toward comprehensive security at home and across the Atlantic. Over his career, which spanned more than half a century, Kampelman defended the principles of the Helsinki Final Act, strengthened the Helsinki process, and fought to reduce—and later eliminate—nuclear arms. One of his strongest legacies was his belief in bipartisanship, demonstrated by his service to both Democrats and Republicans and in his role as a U.S. ambassador. In the words of longtime Helsinki Commissioner Senator Ben Cardin (MD), “It was a privilege for me and so many of my colleagues to work with a great and good man, whose example reminded us every day: this is what leadership looks like.” Max Kampelman: The Ambassador Kampelman began his career as legislative counsel to Senator Hubert Humphrey before joining the private law practice of Fried Frank. Although he practiced private law for the majority of his career, Kampelman continued to serve the United States when called on by presidents of both parties. In 1980, President Jimmy Carter asked Kampelman to represent the United States as the lead negotiator at the 1980 Conference on Security and Cooperation in Europe (CSCE) meeting in Madrid, which sought to bring eastern European countries into compliance with the Helsinki Final Act. The meeting was supposed to last two to three months. It lasted three years. Under President Ronald Reagan, Kampelman continued to lead these negotiations until an agreement was reached in 1983. In 1990, in the aftermath of the fall of the Berlin Wall, OSCE participating States gathered to unite their different definitions of European security. Kampelman led the U.S. delegation to this historic meeting and advocated for democratic elections and universal human rights. “He played a pivotal role in securing agreement on the first international instrument to recognize the specific problem of anti-Semitism and the human rights problems faced by Roma,” said Sen. Cardin. “Moreover, at a moment when Europe stood at a crossroads, Max Kampelman negotiated standards on democracy and the rule of law that remain unmatched.” “The Copenhagen document has been called by a number of professors of international law the most important international human rights document since the Magna Carta, and it spells out what a democracy means. If anybody was to come and join this process, they would be joining what is apparent, a series of 'oughts;' and that’s our task. Once the 'oughts' are there, we have a leg up toward the 'is.'” Amb. Max Kampelman in a 2003 interview The Copenhagen document strengthened the Helsinki Process by including unprecedented provisions, such as the commitment to democracy as the only form of governance. It also emphasized the rights of national minorities and the right to freedom of association, freedom of conscience, and freedom of expression. The CSCE eventually became today’s Organization for Security and Cooperation in Europe (OSCE), the world’s largest regional security organization. Max Kampelman: The Arms Advisor In addition to his work defending the Helsinki Final Act, Kampelman also negotiated arms control agreements and guided the United States through some of the most difficult periods of U.S.-Soviet relations. By the end of his career, Kampelman had engaged in more than 400 hours of face-to-face negotiations with the Soviets. He successfully protected the Strategic Defense Initiative (SDI), a system designed under Reagan to protect against potential nuclear attacks, from Soviet efforts to stifle it. He led negotiation efforts on the Intermediate-Range Nuclear Forces (INF) Treaty and the Strategic Arms Reduction Treaty (START), effectively reducing nuclear arms for the first time in history. During the late phases of the Cold War, Kampelman helped arrange the release of political and religious dissidents from the Soviet Union. “We cannot wish it away. It is here and it is militarily powerful. We share the same globe. We must try to find a formula under which we can live together in dignity. We must engage in that pursuit of peace without illusion but with persistence, regardless of provocation." Amb. Max Kampelman, ahead of 1985 arms negotiations Kampelman dedicated much of his later years to Global Zero, envisioning a world without nuclear weapons and encouraging statesmen Henry Kissinger, Sam Nunn, William Perry, and George Shultz, to advocate for this goal. For his service to his country, Kampelman received the Presidential Citizens Medal from President George H.W. Bush in 1989 and the nation’s highest civilian honor, the Presidential Medal of Freedom, from Bill Clinton in 1999. Max Kampelman’s Early Life Kampelman was born in New York in 1920 to parents who had immigrated from what was then part of Romania. He grew up in the Bronx and received a law degree from NYU in 1945. During World War II, he registered for alternate service as a conscientious objector. Kampelman enrolled in a strict food and work regimen known as the Minnesota Starvation Experiment to help authorities understand how to treat prisoner of war and concentration camp survivors. During this time, he finished his doctorate in political science from the University of Minnesota, titled "The Communist Party and the CIO: A Study in Power Politics." He opposed Communism and opposed war, but his feelings regarding nonviolence changed over time with the development of the atomic and hydrogen bombs, later leading him to renounce his earlier pacifist beliefs. Kampelman said his prevailing desire for American foreign policy was to turn the 21st century into the century of democracy. He died on January 25, 2013, at age 92.
Helsinki Commission Leaders Decry January 6 Attack on U.S. CapitolFriday, January 08, 2021
WASHINGTON—Following the violent assault on the U.S. Capitol on January 6, Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20), Sen. Roger Wicker (MS), and Sen. Ben Cardin (MD) issued the following statements: “I never thought that in my lifetime I would see our country’s democratic institutions literally under siege. In America, we pride ourselves on the integrity of our elections and on a peaceful transition of power. We demonstrate this not only through our words but through our actions, both at home as well as abroad, where we ardently support freedom and democracy from Vancouver to Vladivostok,” said Rep. Hastings. “Wednesday’s violence was a vicious attack on democracy, the rule of law, and every value that our country holds dear. President Trump must immediately condemn the actions of his supporters and recommit to his oath to preserve, protect, and defend the Constitution for the remainder of his term. Otherwise, the consequences could be unpredictable and potentially dire.” “Our country has long been a beacon of freedom and the orderly transfer of power. Wednesday’s attempt to disrupt our democracy through lawlessness and intimidation was intended to cast doubt on that principle but was doomed to fail. The guardrails held, and the work of the U.S. Congress continues,” said Sen. Wicker. “However, the divisions that led to this chaotic attack on the U.S. Capitol cannot be ignored. If the United States is to continue to inspire others who are fighting for their fundamental freedoms worldwide, we must work together to rebuild confidence in our institutions. In spite of our political differences, all Americans must make it clear that we will not stand for this kind of attack on the rule of law. And we must prosecute to the fullest extent of the law those who seek to undermine our democratic processes through violence.” “Violent behavior and blatant disregard for the rule of law can never be normalized in the U.S. or anywhere around the world. The American Capitol was attacked by a mob incited by a president who refused to accept the results from a free and fair election and who worked to overturn the will of the voters. If a foreign leader acted in such a blatant way to overturn legitimate election results, the full United States Congress rightly would forcefully condemn such autocratic and undemocratic actions,” said Sen. Cardin. “To move forward as a nation, members of both parties must stand together to reaffirm the resilience of our democracy, honestly confront the toxic voices in our society that seek to tear us apart, and so prevail over the dangerous extremism that led to this violent rampage.”
OSCE Ministerial Council Appoints Top Leaders, Adopts Several Key Decisions Amidst Constraints of COVID-19 and Conflict in EuropeMonday, December 21, 2020
By Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE Foreign ministers of the 57 OSCE participating States convened on December 3 - 4, 2020, for the 27th OSCE Ministerial Council. For the first time, this annual gathering was convened in an entirely virtual format due to the challenges posed by the COVID-19 pandemic. Despite a turbulent year, which included managing not only the effects of the COVID-19 pandemic but also the global anti-racism protests initiated following the killing of George Floyd; ongoing protracted conflicts in Moldova, Georgia, and Ukraine; fraudulent elections and systemic human rights violations in Belarus; and a renewal of active conflict between Azerbaijan and Armenia, consensus was achieved on many, but not all, draft decisions. The United States delegation to the Ministerial Council was led by Deputy Secretary of State Stephen Biegun. The delegation and included Deputy Assistant Secretaries of State George P. Kent, Michael Murphy, and Bruce Turner; Acting Assistant Secretary of State Philip Reeker; U.S. Ambassador to the OSCE James Gilmore; U.S Helsinki Commission Chief of Staff Alex Johnson; and Helsinki Commission staff Robert Hand, Janice Helwig, Rebecca Neff, Erika Schlager, Shannon Simrell, Dr. Mischa Thompson, and Alex Tiersky. A Call to “Turn a Corner” from Crisis to Cooperation Leveraging the meeting’s virtual format, national statements were livestreamed, offering transparency of the proceedings. Albanian Prime Minister and OSCE Chairperson-in-Office Edi Rama opened the meeting by recalling the solidarity of the signatories of the Helsinki Final Act and Charter of Paris and requesting that ministers “turn a corner” and demonstrate the political will required to address the multiple and complex challenges faced by the organization and across the region. In his remarks, Deputy Secretary Biegun reaffirmed U.S. priorities for engagement at the OSCE, underscoring the commitment to European peace and security and highlighting key challenges facing the OSCE region including Russia’s continued aggression in eastern Ukraine, Moldova, and Georgia, and the destabilizing effect of its flagrant violations of the OSCE’s foundational principles. He called upon Belarus to hold accountable those responsible for its human rights violations and electoral crisis, urged Armenia and Azerbaijan to engage with the Minsk Group Co-Chairs to attain a lasting end to the conflict in Nagorno-Karabakh, and warned States against using COVID-19 as a pretext to restrict civil society, independent media, or public access to information. Finally, he expressed concern about the increasing number of political prisoners and the rise in cases of anti-Semitism, anti-Roma racism, and other forms of hatred and hate crimes in the OSCE region since the onset of the pandemic. Consensus Achieved on Organizational Leadership, Preventing Torture, Countering Corruption, and More Despite the challenges inherent in virtual negotiations, consensus was achieved on 11 texts spanning all three OSCE dimensions of comprehensive security and supporting the organization’s internal governance. Ministers agreed on the appointment of the OSCE’s top four leaders: Helga Schmid (Germany) as Secretary General, Maria Teresa Ribiero (Portugal) as Representative on Freedom of the Media, Matteo Mecacci (Italy) as Director of the Office for Democratic Institutions and Human Rights (ODIHR), and Kairat Abdrakhmanov (Kazakhstan) as High Commissioner on National Minorities. The decisions broke a months-long impasse after Azerbaijan, Tajikistan, Turkey, and others blocked the reappointment of the previous executives, leaving the organization leaderless since July. Participating States also reached consensus on several decisions that added to OSCE’s body of commitments. One such decision concerned the prevention and eradication of torture and other cruel, inhuman or degrading treatment or punishment, building on existing OSCE commitments. A version of the text was originally proposed in 2014 by Switzerland during their 2014 Chairpersonship of the OSCE. The initiative reflected the country’s historic leadership in the area of international humanitarian law and profound concerns regarding torture in the context of counterterrorism efforts. The proposal was reintroduced over successive Ministerial Councils before its adoption in 2020. The widespread use of torture and other horrific abuse by Belarusian authorities, documented by the November 2020 report under the OSCE Moscow Mechanism, added urgency to this decision this year. As adopted, the decision includes explicit references to enforced disappearances and to incommunicado detention. Participating States also adopted decisions on preventing and combating corruption; strengthening co-operation to counter transnational organized crime; deepening cooperation with OSCE’s Asian Partners; supporting the Transdniestrian settlement process (also known in the OSCE as the “5+2” format, which brings together representatives of Moldova, Transdniestria, the OSCE, the Russian Federation, Ukraine, the European Union, and the United States); and selecting North Macedonia to chair the organization in 2023. Unfinished Business Unfortunately, participating States did not reach consensus on several other important drafts, including one co-sponsored by the United States and Belarus based on lessons learned during the COVID-19 pandemic that would have set out new commitments for participating States to effectively combat human trafficking during times of emergency. Other proposals, including texts to modernize the Vienna Document (a wide-ranging confidence- and security-building measure that includes provisions requiring notification of significant military activities, as well as an exchange of information about armed forces, military organization, and major weapon and equipment systems), enhance public-private partnerships to counter terrorism, and counter trafficking in natural resources were scuttled by Russian, Azerbaijani, and Armenian intransigence. Some drafts which did not reach consensus among all 57 states were turned into statements issued and signed by those countries that had supported their adoption. The United States signed onto nine such statements to support the concept of women, peace and security outlined in UN Security Council Resolution 1325; modernization of the politico-military framework of the Vienna Document; and a number of statements related to the OSCE’s role in addressing regional challenges like ending the Nagorno-Karabakh conflict, improving human rights compliance by Belarus, countering Russian aggression in Ukraine and the Republic of Georgia, and addressing challenges relating to the COVID-19 pandemic. The Albanian Chairperson, together with the OSCE’s 2019 Slovak Chairperson, and the OSCE’s three incoming Chairpersons (the “Quint”) issued two joint statements, one expressing concern about the ongoing conflict in Ukraine and another reaffirming the principles enshrined the Helsinki Final Act and the Charter of Paris for a New Europe. Side events highlight continuing challenges The Ministerial Council’s four side events highlighted priority areas for participating States and for the Parliamentary Assembly. Due to the virtual format, events on the Belarus Moscow Mechanism report, human rights violations in Crimea, combatting human trafficking during the COVID-19 crisis, and the OSCE Parliamentary Assembly’s call for renewed political will to address contemporary challenges, attracted hundreds of participants. Deputy Assistant Secretary Kent closed the Moscow Mechanism side event by promising to maintain a focus on the situation in Belarus, to support efforts to hold authorities accountable for torture and other human rights violations, and to ensure the voice of the Belarusian people is heard in determining their country’s future. At a side event organized by the OSCE Parliamentary Assembly titled “A Call to Action: Reaffirming a Common Purpose,” Helsinki Commission Ranking Member Sen. Ben Cardin (MD) affirmed the strong bipartisan support in the United States for the OSCE, and recognized it as vital forum to promote security, defend human rights and encourage democratic development in all OSCE countries. He argued that greater political accountability rather than organizational reform would make the OSCE more relevant and effective in the years ahead. “It remains the responsibility of the participating States to hold each other to account. In the face of repression at home or aggression abroad, the OSCE will succeed as a multilateral forum as long as those who are true believers stand united in defending the ten Helsinki principles and forthrightly raise violations in this forum.” Sen. Ben Cardin (MD), Ranking Member, U.S. Helsinki Commission, OSCE MC 2020 Side Event on “A Call to Action” Due to challenges related to convening during the COVID-19 pandemic, the NGO network Civic Solidarity Platform did not organize its annual Civil Society Conference, which had been held in conjunction with each OSCE Ministerial Council since its first convening during the 2010 OSCE Summit in Astana. Instead, the network organized a series of webinars in December to maintain focus on key issues of concern. 2021: OSCE’s Swedish Chairpersonship “Back to Basics” Looking ahead to its 2021 Chairpersonship, Swedish Foreign Minister Ann Linde said that Sweden will work to get “back to basics:” defending the European security order, contributing to resolving conflicts, and upholding the OSCE’s comprehensive concept of security with a special focus on human rights, democracy, and gender equality.
Retrospective on the 116th CongressFriday, December 18, 2020
By Emma Derr, Max Kampelman Fellow “For more than four decades, the Helsinki Commission has championed human rights and democracy across North America, Europe, and Central Asia. While we have worked to keep these concerns on the U.S. agenda, much remains to be accomplished.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission In the OSCE region, 2019 and 2020 were marked by unprecedented challenges stemming from the COVID-19 pandemic, calls for racial justice, systematic human rights issues, and ongoing regional conflicts amidst U.S. presidential, Congressional, and regional and local elections. Through these crises, U.S. Helsinki Commission leadership worked tirelessly to ensure that human rights and comprehensive security continued to be promoted through the United States’ foreign and domestic policy agendas. 2020 also marked the 30th anniversary of the Charter of Paris, which set unprecedented commitments to human rights, providing an opportunity for OSCE participating States to reflect and bolster human rights commitments during such a crucial time. Through hearings and briefings, legislative activities, public statements and reports, and engagement with other foreign policy actors, the Helsinki Commission has focused on human rights and security challenges both in the United States and abroad to advance the commission’s priorities in the 116th Congress: principled foreign policy; human rights at home; parliamentary diplomacy; and safe, inclusive, and equitable societies. Additional policy focuses include regional security, election observation, OSCE engagement, and anti-corruption work. View a comprehensive list of activities in the Helsinki Commission's report on the 116th Congress. Principled Foreign Policy From respect for sovereignty and the territorial integrity of states to human rights and fundamental freedoms, commitments undertaken by OSCE participating States underpin peace and stability in the OSCE region and form the basis of comprehensive security for all people. The Helsinki Commission strives to ensure that the protection of human rights and democratic development are central to a principled U.S. foreign policy. During the 116th Congress, Belarus, Russia, Turkey, Hungary, Ukraine/Crimea, and the Balkans attracted particular attention, given the ongoing human rights and regional conflict issues in those countries. Belarus Following over two decades of authoritarian rule supported by the Kremlin, a political crisis erupted in Belarus in the summer of 2020. After August 9 elections, the Alexander Lukashenko regime claimed victory, and the country saw an unrelenting crackdown by Belarusian authorities on peaceful protests, civil society, and the media. According to international observers, Belarus has not had free and fair national elections since Lukashenko was first elected president in 1994. Unprecedented crowds continue to protest the election. Ahead of the election, Lukashenko eliminated his main political competition through disqualification or imprisonment. Numerous protestors, supporters of opposition candidates, and journalists were arrested as last-minute candidate Svetlana Tsikhanovskaya drew unprecedented crowds to her rallies. Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) called on President Lukashenko “to order the release of those who have been detained for political reasons and allow real political competition in Belarus.” After the elections and in reaction to the human rights abuses perpetrated by the Lukashenko regime, Chairman Hastings wrote to Treasury Secretary Steven Mnuchin requesting that the U.S. administration revoke access to the U.S. financial system for the nine largest state-owned companies in Belarus. “The United States stands with the people of Belarus, who have a right to make free choices about their country’s future and to protest peacefully.” Sen. Roger Wicker (MS), Co-Chairman, U.S. Helsinki Commission After the invocation by 17 OSCE participating States of the Moscow Mechanism to report on human rights concerns in Belarus and subsequent investigation, Professor Wolfgang Benedek—the selected rapporteur—joined the Helsinki Commission for a podcast to discuss his findings, including evidence of fraudulent elections, systematic human rights violations, and a general situation of impunity for perpetrators. Regional Security and Stability In May 2020, following reports that the Trump administration planned to withdraw from the Treaty on Open Skies, Chairman Hastings urged Congress to support the United States’ allies and partners in Europe, as “withdrawing from the Open Skies Treaty can only benefit Putin’s continuing campaign of aggression against Russia’s neighbors.” Chairman Hastings also authored an amendment to the National Defense Authorization Act (NDAA) for the 2021 Fiscal Year to reflect support for the Open Skies Treaty and stated his regret in November when the U.S. withdrew from the treaty. The Helsinki Commission held a joint hearing in November 2019 with the House Foreign Affairs Committee concerning the importance of the Open Skies Treaty for security and stability in Europe and released a podcast on the treaty’s benefits, the complexity of execution, and current challenges in implementation. In July 2019, for the first time in its 43-year history the Helsinki Commission convened outside of the United States for a field hearing to underscore America’s commitment to Baltic Sea regional security and emphasize its unwavering support for U.S. friends and allies. The commission also held a briefing to discuss the potential use of energy, specifically oil and gas projects, to achieve foreign policy goals, as well as the extent to which energy independence can reduce the ability of hostile actors to destabilize the European region by threatening to cut off access to energy supplies. Turkey, Hungary, Ukraine/Crimea, and the Balkans In April 2019, Co-Chairman Wicker and Ranking Member Sen. Ben Cardin (MD) introduced the Defending United States Citizens and Diplomatic Staff from Political Prosecutions Act to address arbitrary arrests which contribute to Turkey’s deteriorating respect for human rights under President Erdogan. In April 2019, the Helsinki Commission hosted a briefing on recent developments in Hungary concerning a steady erosion of freedom, the rule of law, and quality of governance. Later that year, the commission reported on an amendment to the Hungarian religion law, which continues to discriminate against people on the basis of their faith. In late 2019, Co-Chairman Wicker successfully pressed Hungarian Prime Minister Viktor Orban to stop the blockage of the European Union version of the Magnitsky Act. The U.S. Magnitsky Act allows the use of sanctions as a tool to target alleged human rights abusers and corruption, and its European counterpart would do the same. In May 2020, Co-Chairman Wicker and Ranking Member Cardin urged U.S. Secretary of State Mike Pompeo to work with the European Union’s High Representative to advance EU Magnitsky Sanctions. Following a mob attack in October 2019 on a Jewish community center providing office space to civil society groups in Budapest, Chairman Hastings and Ranking Member Cardin called the Hungarian government to take action during this “alarming escalation of violence toward minorities and civil society groups.” In 2020, the commission released a report detailing the escalating rhetorical attacks and legislative restrictions against civil society as Orban continues to consolidate power in Hungary. In December 2019, Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) and Commissioner Rep. Emanuel Cleaver II (MO-05) introduced the bipartisan Ukraine Religious Freedom Support Act in the House of Representatives, and Co-Chairman Wicker introduced the act, cosponsored by Helsinki Commissioner Sen. Jeanne Shaheen (NH), to the Senate. The act, which would combat Russia’s religious freedom violations in the Crimea and Donbas regions of Ukraine, unanimously passed in the House of Representatives in November 2020 and awaits Senate action. In July 2019, the Helsinki Commission hosted a briefing about reunifying societies divided by war, genocide, and other tragedies in areas such as the Balkans, as well as promoting reconciliation and healing for Holocaust survivors and other victims of Nazi persecution who continue to seek justice worldwide. Twenty years after two U.S. citizens were brutally murdered in Serbia in the aftermath of the 1999 conflict in Kosovo, their brother Ilir joins the Helsinki Commission to share his family’s fight for justice in the face of inaction by Serbian authorities. Election Observation In 1990, all OSCE participating States pledged to hold free and fair elections and to invite international observers. OSCE election observation missions often are undertaken jointly by the OSCE Office of Democratic Institutions and Human Rights (ODIHR) and the OSCE Parliamentary Assembly (PA). These election observation missions have been recognized as one of the most transparent and methodical ways to encourage States’ commitment to democratic standards and have become a core element of the OSCE’s efforts to provide feedback on the election processes to the benefit of candidates and voters alike. Commissioners and staff have observed well over 100 elections since 1990, and in 2020 alone, the OSCE has been invited to observe elections in nearly 20 OSCE participating States, including the United States. In 2019, the commission held a briefing focused on the benefits and challenges of international election observation, best practices, and emerging issues such as voting technology and security. In addition, the use of disinformation to influence elections has become a pervasive and persistent threat in all 57 OSCE participating States. Ahead of the 2020 general elections, the commission held a briefing on the intersections and influences of disinformation and COVID-19 on the electoral process. Election observation is an important way to help monitor these effects on the workings of democracy. A limited election observation mission was deployed by the OSCE to observe the 2020 general election in the United States. Despite the challenges posed by the pandemic, the OSCE team was confident it produced a thorough, impartial, fact-based assessment that concluded the elections were free and fair, as well as “competitive and well managed despite legal uncertainties and logistical challenges” posed by the pandemic and the polarized political climate. OSCE Institutions and Policy During the past two years, the Helsinki Commission hosted hearings featuring both the Albanian and Slovakian OSCE Chairs in Office, as well as the OSCE Representative for Freedom of the Media Harlem Desir, to discuss OSCE institutional priorities such as human rights violations, conflict resolution, and the safety of journalists. In January 2020, the Helsinki Commission welcomed OSCE Office of Democratic Institutions and Human Rights Director Ambassador Ingibjörg Sólrún Gísladóttir, in her first appearance before Congress, to address challenges in the OSCE region related to human rights and democracy. In December 2020, the Helsinki Commission held a hearing, “U.S. Priorities for Engagement at the OSCE,” where Ambassador Philip T. Reeker U.S. State Department Senior Bureau Official, who has been serving in the role of Acting Assistant Secretary for Europe and Eurasia since March 2018, emphasized that the United States is focused on upholding Helsinki Final Act commitments and pushing all participating States to live up to their own commitments to these principles. Human Rights at Home Like all other OSCE participating States, the United States must also examine how well—or how poorly—it is living up to its own OSCE commitments. In the 116th Congress, the Helsinki Commission took a hard look at human rights at home. “If the United States wants to remain a credible voice in the promotion of human rights abroad, we must fiercely protect them at home.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission In summer 2020 the Helsinki Commission launched a series of hearings focused on restorative justice related to public monuments and memorials, the safety of journalists, and implications of domestic human rights issues for U.S. leadership. The commission also convened political and civil rights leaders to discuss the impact of George Floyd’s tragic death on the need to shape policies that confront and prevent racism and racist acts. The Helsinki Commission dealt at further length with the safety of journalists and freedom of the media in the United States. In the aftermath of attacks on journalists covering protests calling for racial justice, Chairman Rep. Hastings expressed the need to take an “honest and critical look at America’s own record in recent weeks on protecting journalists and safeguarding press freedom.” The U.S. Agency for Global Media (USAGM) supports networks that reach more than 350 million people across the world, many of whom otherwise would not have access to independent, unbiased news. When USAGM failed to renew J-1 visas for foreign Voice of America (VOA) journalists, Chairman Rep. Hastings, Ranking Member Sen. Ben Cardin, and Helsinki Commissioners Sen. Jeanne Shaheen, Rep. Emanuel Cleaver, Rep. Steve Cohen (TN-09), and Rep. Marc Veasey (TX-33) demanded that U.S. Agency for Global Media (USAGM) CEO Michael Pack provide a detailed explanation and called for new policies to protect the personal security of VOA journalists working under the USAGM. Safe, Inclusive, and Equitable Societies Civil rights are human rights, and advancing societies that are safe, inclusive, and equitable is central to the work of the Helsinki Commission. Anti-racism initiatives have always been a priority for the commission, but they found particular focus in 2020 in conjunction with the exposure of systemic racism in police brutality and the disproportionate impacts of COVID-19 on minority populations. Commissioners looked inward to the United States’ own domestic policies, as well as outward to other OSCE countries, to develop ideas and policies that promote principles of social inclusion, empowering diverse populations and enhancing the ability for everyone to fully participate in society. Over the past decade, Chairman Hastings has drawn attention to the racism and discrimination faced by black Europeans, recognizing their fight for inclusion. In March 2019, he introduced legislation establishing a strategy to protect the collective history and achievements of people of African descent and to promote the human rights of people of African descent worldwide, and a year later, he introduced a bill to implement a government-wide diversity and inclusion plan. “Across the globe we find racial disparities between those of African descent and other populations in education, employment, health, housing, justice, and other sectors. At the same time, hate crimes and racial profiling targeting black populations are increasing,” said Chairman Hastings. “A global strategy ensures we are monitoring whether countries around the world are providing equal protections and opportunity to all within their borders.” Chairman Hastings also collaborated with other Helsinki Commissioners to address racism globally. In July 2020, Chairman Hastings, along with Helsinki Commissioners Rep. Gwen Moore (WI-04), Rep. Cleaver, Rep. Veasey, and 35 other Members of the United States Congress, including the Congressional Black Caucus Chair, called for a sweeping plan of action following the European Parliament’s Juneteenth Day resolution supporting protests against racism and police brutality. Chairman Hastings and Rep. Gregory W. Meeks (NY-05) also issued a statement regarding foreign affairs funding for diverse, global anti-racism programs, commemorating John Lewis’ yearly leadership in securing these appropriations requests. In September, Chairman Hastings and other Helsinki Commissioners joined members of the European Parliament’s Civil Liberties Committee and Subcommittee on Human Rights to discuss combating racism and systemic discrimination on both sides of the Atlantic. In October, Ranking Member Cardin joined the office of the OSCE High Commissioner on National Minorities for an online event that evaluated the applicability of the 2006 Recommendations on Policing in Multi-Ethnic Societies, highlighted relevant legislation, and discussed structural changes to address discriminatory police violence. Ahead of International Roma Day in 2020, the Helsinki Commission hosted a discussion about racism against Roma, the largest ethnic minority in Europe who have historically faced enslavement and continue to battle discrimination. The conversation focused on the state of Roma rights in Europe, as well as resolutions introduced by Helsinki Commission leaders to celebrate Romani American heritage. Reports from nearly every corner of the OSCE region suggest that minority groups have been impacted especially hard by the COVID-19 pandemic, and an extended episode of "Helsinki on the Hill" takes an in-depth look at the pandemic’s impact on vulnerable populations, such as the Roma, and the role of governments in addressing that impact. In December 2019, the Helsinki Commission convened a hearing to focus on public diplomacy initiatives that cultivate leaders who espouse democratic principles, including inclusive and representative governance. The commission also released a podcast discussing how to achieve equitable and inclusive democracies through political inclusion and economic empowerment. Guests discussed their experiences on the front lines of the fight for greater diversity and inclusion in Europe, and in the transatlantic policymaking space more broadly. Members of the Helsinki Commission have long supported diversity and inclusion efforts in international affairs including through the annual Transatlantic Inclusion Leaders Network (TILN) workshop, a hearing about the state of diversity and inclusion in Europe, and a new transatlantic democracy program for youth “On the Road to Inclusion.” In March 2020, Chairman Hastings introduced the Leadership Institute for Transatlantic Engagement (LITE) Act, calling for the creation of a transatlantic institute focused on strengthening democratic principles and values in the West, as well as pioneering inclusive and intergenerational solutions to current challenges that would empowering individuals across generations and from diverse backgrounds with the knowledge, tools, opportunity, and access to fully participate in their democracies. The commission also supports diversity in the diplomatic corps. Chairman Hastings, Co-Chairman Wicker, and Ranking Member Cardin joined bipartisan Congressional efforts to support annual funding for State Department and USAID diversity fellowship programs, as well as study abroad opportunities. Parliamentary Diplomacy Parliamentary diplomacy advances comprehensive security and democratic institutions in the OSCE region and acts as a tool to promote safe, inclusive and equitable societies. Commissioners have championed the development of parliamentary assemblies for regional organizations throughout the world and participate regularly in the OSCE Parliamentary Assembly (OSCE PA), which offers opportunities for engagement among parliamentarians from OSCE participating States. The Helsinki Commission organizes bicameral U.S. delegations to OSCE PA meetings throughout the year. With 17 of 323 seats, the United States has the largest representation in the assembly. In the 116th Congress, commissioners explored ways to defend human rights, hold the Kremlin accountable, and maximize cooperation with OSCE Mediterranean partners at OSCE PA meetings. Commissioners visited Hungary, Tunisia, Israel, and Morocco in bipartisan delegations aiming to strengthen shared principles, and Commissioners reported on these visits at OSCE PA meetings as well. Co-Chairman Wicker led the largest bipartisan, bicameral U.S. delegation in history to the 28th Annual Session of the OSCE PA in July 2019 in Luxembourg. At this annual session, Helsinki Commission Ranking Member Cardin, who also serves as OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, hosted a U.S. side event in his capacity as Special Representative on the topic of adopting an action plan to counter hate and foster inclusion. Following a two-day seminar organized by Helsinki Commission and the OSCE PA in February 2020, Future Leadership for Political Inclusion in the OSCE Region: A Seminar for Young Parliamentarians, nearly 20 young legislators from OSCE participating States issued a joint declaration emphasizing the important role young people must play in addressing human rights and security challenges across the world. The commission hosted OSCE PA officials for a briefing in December of 2019 to share a parliamentary perspective on the priorities and objectives of the Albanian chairmanship of the OSCE amid regional conflicts and resistance to democratic reforms in some countries in the OSCE region. The commission also regularly hosts hearings, convenes panels, and participates in events related to parliamentary diplomacy, highlighting the important role the OSCE PA and other parliamentary assemblies play in holding governments accountable to standards of cooperation and human rights. Corruption During the 116th Congress, the Helsinki Commission promoted efforts to combat corruption in the OSCE region, recognizing it as a threat to democracy, security, and human rights. The commission’s work focuses on authoritarian kleptocracy, a form of autocratic government that relies on financial globalization and secrecy to steal and maintain power. Members of the Helsinki Commission introduced the Rodchenkov Act, the Kleptocrat Exposure Act, the Combating the Illicit Trade in Tobacco Products Act (CITTPA), the Countering Russian and Other Overseas Kleptocracy (CROOK) Act, the Foreign Extortion Prevention Act, and the Transnational Repression Accountability and Prevention (TRAP) Act. The Rodchenkov Act passed through both chambers of Congress and was signed into law by President Trump on December 4, 2020. The act establishes criminal penalties for doping schemes, provides restitution for victims, protects whistleblowers from retaliation, and shares information with the U.S. Anti-Doping Agency. Passage of the bipartisan legislation was spearheaded by Co-Chairman Wicker and Commissioner Sen. Sheldon Whitehouse (RI) in the Senate and former Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) in the House of Representatives. “This legislation is a great bipartisan accomplishment for the rights of athletes, the protection of whistleblowers, and our common goal of keeping criminals out of international sports,” said Co-Chairman Wicker. The commission also organized briefings to draw attention to issues like money laundering and official corruption, as well as to share best practices on innovative corruption policies.
Co-Chairman Wicker on Secretary of State’s New Designations under International Religious Freedom ActThursday, December 10, 2020
WASHINGTON—Following U.S. Secretary of State Mike Pompeo’s December 7 designations for Countries of Particular Concern (CPC) and the Special Watch List for the worst religious freedom violations, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Secretary Pompeo rightfully redesignated Tajikistan and Turkmenistan as Countries of Particular Concern. These governments continue to arrest, detain, and torture people for their faith, despite repeated CPC redesignations. It is time for the president to take actions required by the International Religious Freedom Act of 1998, which include sanctions against foreign government officials who have committed or are responsible for severe and egregious religious freedom violations. “Russia’s continued presence on the Special Watch List underscores the need for the Senate to pass the Ukraine Religious Freedom Support Act. The Kremlin brutally persecutes religious communities in the parts of Ukraine it illegally occupies or otherwise controls by force. This legislation would ensure the president has the authority necessary to hold Russian government officials accountable for their brutality in Ukraine. “Under the leadership of President Shavkat Mirziyoyev, Uzbekistan commendably has released religious prisoners, registered more religious organizations, and maintained the ban on police raids against religious communities. However, it is essential that reforms continue. Uzbekistan should work with the Organization for Security and Cooperation in Europe and Council of Europe’s Venice Commission on its draft religion law to ensure that the final version complies with Uzbekistan’s OSCE commitments and international obligations.” As participating States of the Organization of Security and Cooperation in Europe, Tajikistan, Turkmenistan, Russia, and Uzbekistan have repeatedly made commitments to recognize, respect, and protect religious freedom. Even though Turkmenistan has been a CPC since 2014 and Tajikistan since 2016, presidents have always waived taking the presidential actions against them required by the International Religious Freedom Act of 1998. Russia has been on the Special Watch List since 2018. In November 2020, the House of Representatives unanimously passed the Ukraine Religious Freedom Support Act (H.R. 5408) introduced by Helsinki Commissioners Rep. Joe Wilson (SC-02) and Rep. Emanuel Cleaver, II (MO-05). The Senate companion (S. 3064), introduced by Sen. Wicker and cosponsored by Helsinki Commissioner Sen. Jeanne Shaheen (NH), also awaits Senate action. Under binding international humanitarian law, like the Geneva Conventions, the Russian Government is responsible for religious freedom violations in Ukrainian territory it occupies or controls through armed groups it commands. The Ukraine Religious Freedom Support Act would authorize the president to consider Russia’s worst religious freedom violations in Ukrainian territory—not just violations in Russia—when determining whether to designate Russia as a CPC. Uzbekistan was a CPC from 2006 to 2017 and on the Special Watch List from 2018 to 2019. Sen. Wicker has repeatedly urged Uzbekistan to request a review of its draft religion law by the OSCE’s Office for Democratic Institution for Human Rights. Sen. Wicker made the requests in a 2018 letter to Foreign Minister Abdulaziz Kamilov, during a 2018 Helsinki Commission hearing, and in a 2019 public statement. A recent joint review by ODIHR and the Venice Commission review concluded that although “the Draft Law brings some improvements compared to the existing legislation…the Draft Law also maintains major restrictions and suffers from deficiencies that are incompatible with international human rights standards.” The review included recommendations to make the law compliant.
COVID-19 IMPACTS OSCE’S 2020 HUMAN DIMENSION WORKMonday, December 07, 2020
By Erika Schlager, Counsel for International Law; Janice Helwig, Senior Policy Advisor; and Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE The regular and planned schedule of OSCE meetings for 2020 was significantly altered by the COVID-19 pandemic. It now falls to the 2021 Chair-in-Office, Swedish Foreign Minister Ann Linde, to steward the Organization—and its human dimension activities—through the next phase of the pandemic. Changes to the OSCE’s regular order began on March 14, when Austrian authorities ordered a lockdown in response to the emerging pandemic. OSCE meetings in Vienna, where the OSCE is headquartered, were canceled for the second half of that month. Pressing business was conducted remotely, which allowed the Permanent Council to renew the mandate for the Special Monitoring Mission (SMM) in Ukraine and adopt the SMM budget on March 19. After a regularly scheduled recess from April 6 to April 17, some OSCE meetings resumed as the organization shifted to primarily online meetings. Some used a “hybrid” or “blended” format, permitting in-person engagement in Vienna (to the extent that in-person gatherings were allowed by changing local health measures), reinforced by additional participation through videoconferencing. Two-day Supplementary Human Dimension Meetings, the Alliance Against Trafficking meeting, and the Annual Security Review Conference were held in a hybrid format. Some other meetings, such as the annual Human Dimension Seminar in Warsaw, were not held at all. Separately, the OSCE Parliamentary Assembly canceled its annual session, which had been scheduled in Vancouver in July. 2020 Human Dimension Implementation Meeting As the participating States and the OSCE institutions strove to adjust to circumstances created by the COVID-19 pandemic, convening the annual Human Dimension Implementation Meeting (HDIM) presented particular challenges due to its length and complexity. Reflecting the extraordinary times, the 2020 Human Dimension Implementation Meeting was canceled by decision of the participating States. Spanning two weeks, the HDIM is significantly longer than other OSCE meetings. It typically draws more than a thousand representatives of government and civil society from across the OSCE’s expansive time zones. According to its mandate, the HDIM holds six hours of formal sessions each day covering the full range of human dimension concerns including freedoms of assembly, association, expression, and religion or belief; countering anti-Semitism, racism, and xenophobia; and democratic institutions such as free and fair elections, the rule of law, and independence of the judiciary. Dozens of side events are also organized by nongovernmental organizations, OSCE institutions, other international organizations, and participating States, which meet for up to an additional six hours a day. Side events allow participants to focus on specific issues of concern in greater depth. The most significant aspect of HDIM is that civil society representatives may speak during formal sessions on equal footing with government representatives. Governments and civil society alike use HDIM as a forum to cultivate contacts among and between civil society and governments. As a practical matter, the critical human rights violations that would be the focus of any implementation review were unabated by the pandemic. On the contrary, some governments used the pandemic to distract from their long-standing human rights shortcomings. In addition, the pandemic created additional areas of concern, such as government surveillance ostensibly related to health monitoring, punitive measures against real or alleged critics of a government’s pandemic responses, and the scope and duration of emergency measures adopted in response to the pandemic. When considering how to hold the HDIM in the context of COVID-19, organizers and participants alike debated how, or indeed whether, HDIM’s unique aspects could be shoe-horned into an on-line format. The United States argued that the HDIM could and should be convened in an adjusted, blended format. “It is precisely because of the impact of the pandemic on human rights and democracy that the HDIM must be held. [. . .] 2020 is EXACTLY the year we need HDIM most.” Harry Hummel, advisor to the Netherlands Helsinki Committee with extensive experience attending HDIMs, noted that some of these challenges had already been met for the first two Supplementary Human Dimension Meetings and that hybrid meetings would have some advantages. However, he concluded that all online or hybrid HDIM variants would have significant disadvantages for civil society, particularly since one of the most important components of the HDIM—informal, person-to-person contacts—could not be replicated virtually A majority of OSCE participating States agreed. After extensive consultations among participating States, the Chair-in-Office, and the Office for Democratic Institutions and Human Rights (ODIHR) —the OSCE institution mandated to organize the HDIM—the Permanent Council decided on September 11 that the HDIM (originally scheduled for September 21–October 2) would, exceptionally, not take place in 2020 due to the unprecedented, extraordinary, and unpredictable circumstances caused by the ongoing COVID-19 pandemic. The Permanent Council also stated that this decision did not establish any precedent for the organization of future HDIMs. Following the announcement, Chairman Alcee Hastings stated, “We should use this time wisely by redoubling our efforts to ensure that all OSCE participating States implement their OSCE commitments. The pandemic has revealed—and in some cases amplified—human rights shortcomings, democratic weaknesses, racial inequities, and social vulnerabilities across the region.” At a hearing before the Helsinki Commission on September 17, OSCE Chair-in-Office Edi Rama reaffirmed the importance of HDIM. He stated, “This is a huge loss for our organization. Together with [the] Permanent Council, [the] Human Dimension Implementation Meeting is a constituent part of the OSCE’s mechanism for the review and assessment of the implementation of our commitments.” Working to Keeping Human Dimension Issues Top of Mind To provide an additional platform in 2020 for human dimension issues, the OSCE held a series of webinars between September 28 and November 6, 2020, organized by ODIHR in cooperation with the Office of the Representative on Freedom of the Media (RFoM) and the Office of the High Commissioner on National Minorities (HCNM), and with the support of the 2020 Albanian OSCE Chairmanship. The sessions focused on racism, xenophobia, and intolerance and discrimination; combating racism and discrimination against Roma; the rule of law; access to information and freedom of the media; democratic lawmaking; multilingual education; and human rights defenders. Some of the webinars touched on subjects such as the prevention of torture (part of the discussion on human rights defenders) and access to information that also were the subject of subsequent negotiations for Ministerial Council decisions. Although the webinars raised important human rights issues, they could not substitute for the HDIM, particularly as their format and short duration did not permit significant dialogue with civil society. Looking Ahead to 2021 In a December 3 address to the annual OSCE Ministerial Council, U.S. Deputy Secretary of State Stephen Biegun called for sustained vigilance. “We must press governments to uphold their human dimension commitments, give audience to the voices of civil society, and hold a Human Dimension Implementation Meeting in 2021 where governments are called to account for their actions,” he said. As 2021 Chair-in-Office, Sweden will have the task of consulting with the participating States on the entire calendar of OSCE meetings and events, continuing to adjust plans as needed in light of the COVID-19 pandemic. There has been strong support among participating States for moving the HDIM, which is typically been held in the early fall, to earlier in the year to prevent any conflict with the annual United Nations General Assembly meeting. Given the inability to hold a regular HDIM in 2020, if public health conditions permit, it would be ideal to move the HDIM forward in 2021.
Europe Whole and Free? The Future of the OSCEThursday, December 03, 2020
On November 20, the Woodrow Wilson Center, in cooperation with the U.S. Helsinki Commission, hosted “Europe Whole and Free: The Future of the OSCE.” The event discussed a divided Europe and the responsibility of the United States to help obtain peace on the continent. The event featured Helsinki Commission Ranking Member Sen. Ben Cardin (MD) and Commissioner Rep. Robert Aderholt (AL-04), as well as other leading voices on European security and cooperation. The event celebrated the 30th anniversary of the Charter of Paris for a New Europe, which was signed by 34 heads of state and government during a Conference on Security and Cooperation in Europe Summit (CSCE) held in the French capital from November 19 to 21, 1990. The political agreement charted a path forward following Cold War confrontation and ushered in a new era as states made an unprecedented commitment to domestic individual freedoms, democratic governance, human rights, and transnational cooperation. By institutionalizing the CSCE as a platform to realize peace and security, this process created the Organization for Security and Cooperation in Europe (OSCE), which today is the world’s largest regional security organization, comprising 57 participating States. Participants delved into the history of the Helsinki Final Act and the Charter of Paris, acknowledging that these agreements hold particular importance as milestones of European and transatlantic cooperation. They also expressed optimism concerning transatlantic cooperation under President-elect Joe Biden and stressed the importance of continuing dialogue regarding Charter of Paris commitments. “I think Joe Biden recognizes that U.S. involvement globally is going to be in the United States’ interest,” said Sen. Cardin. “You’re going to see a president who will embrace those allies that share our values, but he’ll engage all of the countries. But he’ll be anchored in our values, which, by the way, are the Helsinki Final Act values and reinforcing the Charter of Paris.” As democracy and human rights are systematically challenged in the OSCE region, Robert Ryberg, Deputy Deputy Minister for Foreign Affairs of Sweden and incoming OSCE Chair-in-Office, noted that recent developments in Ukraine and Belarus demonstrate that nearly all serious challenges to the OSCE region’s security stem from situations where the fundamental principles of Helsinki and Paris are not respected. Many speakers pointed out the need for accountability within the OSCE and reinvigorated political investment from participating States in order to realize Chart of Paris ideals. “As no one participating in that Paris Charter could predict the collapse of the Soviet Union, which at that time was literally only a year away, we cannot yet see the contours of the world that will emerge from the lockdowns that we are seeing now and this disruption that the coronavirus has really brought to the entire world,” said Rep. Aderholt. “Whatever the future holds, I believe that a revitalized OSCE will be a powerful asset for our leaders as they navigate in a new era and as we continue to call upon all governments to respect inalienable rights.” Speakers also called for a reinvigoration, and in some cases reform, of the OSCE, as well as the promotion of multilateralism, as avenues to continue the vital work of the OSCE. Photos Courtesy of the Woodrow Wilson Center and the Ministry of Foreign Affairs of France
A Parliamentary Perspective on the 30th Anniversary of the Charter of ParisThursday, December 03, 2020
On November 20, the OSCE Parliamentary Assembly (OSCE PA) and the French Delegation to the OSCE PA hosted a commemorative event celebrating the 30th anniversary of the Charter of Paris for a New Europe. Speakers reflected on the momentous document and discussed how to the OSCE can continue to provide value within today’s complex international framework. The Charter of Paris was signed by 34 heads of state and government during a Summit of the Conference on Security and Cooperation in Europe (CSCE) in the French capital from November 19 to 21, 1990. The political agreement charted a path forward following Cold War confrontation and ushered in a new era as states made an unprecedented commitment to domestic individual freedoms, democratic governance, human rights, and transnational cooperation. The agreement led to the institutionalization of the CSCE as well as the regularization of its meeting, setting the stage for the transformation of the ongoing conference to an organization, the OSCE, in 1995. This included the founding of the Parliamentary Assembly in 1991. As the Charter of Paris turns 30, speakers reflected on its history and expression of hope for unity, stability and peace – goals which seemed attainable at the time but appear more distant today. Ann Linde, the Minister for Foreign Affairs of Sweden and incoming OSCE Chairperson-in-Office, stressed the OSCE and OSCE PA’s critical role in resolving challenges that threaten the OSCE region’s collective security, such as Russia’s violation of Ukraine’s territorial integrity and the post-election crackdown in Belarus. OSCE PA President George Tsereteli said, “it is clear that we as politicians and parliamentarians need to work very hard.” He encouraged his colleagues to confront crises in democracy and strive to realize Charter of Paris commitments. Participants of the event acknowledged the need to strengthen participating States’ commitments to the charter’s ideals through cooperation and dialogue. These calls for action were within the context of current geopolitical conflicts, as well as an effort to find ways to reach consensus with Russia. “The OSCE has become the premier international organization promoting human rights… It is a proud record, but it’s a record that can be improved. The OSCE needs to work on openness, access to non-governmental organizations. But the problem within the OSCE states today is principally noncompliance of the states with the principles, not the deficiencies in the organization itself,” said Helsinki Commission Ranking Member and OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance, Sen. Ben Cardin. “Every state can do better,” Cardin said. “So, let us on this 30th anniversary of the Paris Charter remember our mission to build, consolidate, and strengthen democracies as the only system of government of our nations. You cannot be neutral in democracy.”
The OSCE Celebrates 30 Years of the Charter of ParisFriday, November 20, 2020
By Emma Derr, Max Kampelman Fellow November 21, 2020, marks the 30th anniversary of the Charter of Paris for a New Europe, a groundbreaking document of the Conference on Security and Cooperation in Europe (CSCE). The charter was signed by 34 heads of state and government during a CSCE Summit in the French capital from November 19 to 21, 1990. The political agreement charted a path forward following Cold War confrontation and division caused by Soviet domination in the east. It ushered in a new era as states made an unprecedented commitment to domestic individual freedoms, democratic governance, human rights, and transnational cooperation. By institutionalizing the CSCE as a platform to realize peace and security, this process transformed the multilateral Conference into the Organization for Security and Cooperation in Europe (OSCE), which today is the world’s largest regional security organization, comprising 57 participating States. The charter states, “Europe is liberating itself from the legacy of the past. The courage of men and women, the strength of the will of the peoples and the power of the ideas of the Helsinki Final Act have opened a new era of democracy, peace and unity in Europe.” Known by many as the “Helsinki Process,” both the CSCE and its OSCE successor have been based on ten principles guiding relations between participating States, enshrined in the Helsinki Final Act. The charter marks a triumph of the comprehensive definition of security these principles represent and a moment of unity, which participating States hoped to maintain through enhanced cooperation. During the OSCE’s three-session Security Days event in October “Revitalizing Trust and Co-operation in Europe: Lessons of the Paris Charter,” former U.S. Secretary of State James A. Baker III, who played a leading role in the charter’s formation, recalled signing the agreement as an “optimistic, almost festive event.” “It encapsulated so much that was positive about the process that had begun with the Helsinki Final Act in 1975,” he said. “It envisioned a new and inclusive continent based largely on western values, particularly the value of democracy.” The Enduring Value of the OSCE Since 1990, the OSCE has acted as a forum for political dialogue and a platform for joint action across North America, Europe, and Asia through its institutions, structures, and field operations. As its occupation of Crimea and military intervention in Eastern Ukraine have led to Russia’s isolation and sanctions by the United States and others in recent years, the OSCE is one of the few remaining multilateral forums for American diplomats to directly engage with their Russian counterparts. As an organization promoting the principles of democracy and as a forum for conflict resolution, the OSCE is a valuable tool to hold authoritarian regimes accountable throughout the region, which stretches from Vancouver to Vladivostok. Chairman of the U.S. Helsinki Commission Rep. Alcee L. Hastings and U.S. Ambassador to the OSCE James S. Gilmore III see the OSCE as a forum where the United States remains engaged and committed to the ideals cemented in the Charter of Paris. “Through the OSCE, the United States directly confronts the deceit of Russia and other authoritarian powers. By raising our voices, through our participation and leadership, we reassure our friends that the United States stands with them and supports our shared values against the growing tide of autocracy,” Rep. Hastings and Amb. Gilmore stated in an August 2020 op-ed. The organization continues to play a critical role in regional conflicts in and amongst participating States. The OSCE’s Special Monitoring Mission (SMM) to Ukraine is the only independent observer group with a permanent presence in the war zone. “The OSCE’s broad membership and comprehensive definition of security make it an ideal platform to advocate for our interests in a vital region,” stated Helsinki Commission Co-Chairman Sen. Roger Wicker and Ranking Member Sen. Ben Cardin in a 2018 article describing the OSCE’s timeless value. “Its institutions remain singularly placed to moderate regional conflicts, promote respect for human rights, and safeguard essential elements of democracy.” The OSCE operates field missions in 13 participating States with the goal of supporting the development of host countries’ democratic institutions, legal frameworks, and ability to meet various human rights, media freedom, and policing commitments. OSCE field mission staff are praised by Carnegie Europe Senior Fellow Thomas de Waal as “some of the unsung heroes of Europe’s darkest corners.” The Charter of Paris articulated a new era of economic commitments, and the OSCE provides frequent opportunities for representatives of OSCE governments to discuss best practices concerning free market economies, economic cooperation and environmental issues. The OSCE also organizes international election observation missions to transitional and well-established democracies alike, observing and reporting on adherence to democratic election commitments. New Challenges Much has changed since the end of the Cold War, and the anniversary of the charter provides an opportunity to renew commitments to cooperation and examine how the OSCE will meet current and emerging challenges. During October’s Security Days event, former OSCE Secretary General and former High Commissioner on National Minorities Ambassador Lamberto Zannier called for reinvigorated political support and investment by participating States to enable the OSCE to continue its vital work. He cited the post-Soviet transition in Ukraine and Serbian elections in Kosovo as examples of these efforts. During his remarks at the event, Baker concluded that in this spirit, the OSCE can find new methods of cooperation to meet 21 century challenges. “Our message should not be much different than it was three decades ago,” he said. “States should fulfill the promises they made in the Paris charter 30 years ago.” The 30th anniversary inspired other webinar discussions, such as IFSH Hamburg’s Event, “30 Years Charter of Paris: Lessons for Pragmatic Cooperation in the OSCE Area,” which discussed the strengths and weaknesses of the Charter of Paris, as well as potential reforms to the OSCE. The Stockholm International Peace Research Institute (SIPRI) also engaged in the anniversary and hosted the event “(Dis)functional International Security Institutions? The Organization for Security and Cooperation in Europe (OSCE) Today.” The OSCE’s Parliamentary Assembly and the French Delegation to the Assembly held an online, public discussion “The 30th Anniversary of the Charter of Paris: A Parliamentary Perspective,” on November 20, which discussed how to the OSCE can continue to provide value within today’s complex international framework. Finally, on November 20, the Woodrow Wilson Center in cooperation with the U.S. Helsinki Commission also hosted an event, “Marking the 30th Anniversary of the Charter of Paris for a New Europe - Europe Whole and Free: The Future of the OSCE.” The discussion included the U.S. Helsinki Commission’s Ranking Member Sen. Ben Cardin and Commissioner Rep. Robert Aderholt, as well as other leading voices on European security and cooperation. Photos Courtesy of the Ministry of Foreign Affairs of France
Rodchenkov Act Passes Senate, Goes to President for SignatureTuesday, November 17, 2020
WASHINGTON—Yesterday, the Rodchenkov Anti-Doping Act (H.R. 835) passed the U.S. Senate, completing its course through both chambers of Congress. The bill now goes to President Donald Trump for signature. Passage of the bipartisan legislation has been spearheaded by Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Commissioner Sen. Sheldon Whitehouse (RI) in the Senate and former Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) in the House of Representatives. The bill passed the House of Representatives in October 2019. “This legislation is a great bipartisan accomplishment for the rights of athletes, the protection of whistleblowers, and our common goal of keeping criminals out of international sports,” said Sen. Wicker. “The world’s top athletes should not have a life achievement ripped away from them through fraud—and no whistleblower should live in fear of retaliation for exposing that fraud, as Dr. Rodchenkov has been forced to do.” “Russia’s malicious, corrupt behavior on the international stage demands a strong rejoinder,” said Sen. Whitehouse. “The World Anti-Doping Agency and the International Olympic Committee have failed to hold Russia accountable for its brazen cheating program in Sochi. Ahead of the next Olympics, the Rodchenkov Anti-Doping Act will create stiff penalties for doping and send a message to Russia and the world that state-sponsored fraud will not be tolerated.” The bill advanced through the legislative process entirely on consensus-based procedures, demonstrating the wide bipartisan support for the measure. The legislation also has received overwhelming support from amateur and professional sport organizations, including the U.S. Anti-Doping Agency (USADA), the U.S. Olympic and Paralympic Committee (USOPC), the U.S. Olympic and Paralympic Committee Athletes’ Advisory Council, the U.S. Olympians and Paralympians Association, Major League Baseball (MLB), the National Football League (NFL), the National Hockey League (NHL), and PGA TOUR. The Rodchenkov Anti-Doping Act will: Establish criminal penalties for participating in a scheme in commerce to influence a major international sport competition through prohibited substances or methods. This section applies to all major international sport competitions in which U.S. athletes participate, and where organizing entities receive sponsorship from companies doing business in the United States or are compensated for the right to broadcast their competition there, so that international fraud against Americans will not go unpunished. Penalties will include fines of up to $1,000,000, or imprisonment of up to 10 years, depending on the offense. Provide restitution to victims of such conspiracies. Athletes and other persons who are victims of major international doping fraud conspiracies shall be entitled to mandatory restitution for losses inflicted upon them by fraudsters and conspirators. Protect whistleblowers from retaliation. By criminalizing participation in a major international doping fraud conspiracy, whistleblowers will be included under existing witness and informant protection laws. Establish coordination and sharing of information with the United States Anti-Doping Agency. Federal agencies involved in the fight against doping shall coordinate and share information with USADA, whose mission is to preserve the integrity of competition, inspire true sport, and protect the rights of athletes, to enhance their collective efforts to curb doping fraud. In 2016, Dr. Grigory Rodchenkov exposed the Russian state-sponsored doping scandal that took place during the 2014 Sochi Olympics. By deceiving international anti-doping authorities and swapping athletes’ samples, Russian officials cheated U.S. athletes out of Olympic glory and U.S. corporations out of honest sponsorships. These corrupt officials used bribes and illicit payments, sometimes through U.S. financial institutions, to commit this fraud. Unfortunately, the masterminds behind the Russian doping operation escaped punishment for their actions because there was no U.S. legal mechanism to bring them to justice. In February 2018, the Helsinki Commission held a briefing featuring Dr. Rodchenkov’s attorney, Jim Walden, on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions. In March, Commissioners Sen. Ben Cardin (MD) and Sen. Cory Gardner (CO) and Rep. Jackson Lee met with Dr. Rodchenkov to discuss the threat posed by Russia to the United States, corruption in international sports bodies, and how the United States can contribute to the international effort to counter doping fraud. In July, the Helsinki Commission held a hearing that explored the interplay between doping fraud and globalized corruption and U.S. policy responses, including the Rodchenkov Anti-Doping Act. In October 2018, the U.S. Department of Justice indicted seven individuals for involvement in a Russian-operated military intelligence program in which GRU officers are alleged to have conducted sophisticated hacking of U.S. and international anti-doping agencies who investigated and publicly condemned Russia’s state-sponsored doping program. The hacking victims also included 230 athletes from approximately 30 countries. The operation was part of a disinformation campaign in which victims’ personal email communications and individual medical and drug testing information, sometimes modified from its original form, was used to promote media coverage to further a narrative favorable to the Russian government. In October 2020, the U.S. Department of Justice indicted a further six individuals for involvement in a Russian-operated military intelligence program in which GRU officers are alleged to have conducted sophisticated hacking of entities and organizations involved with the 2018 PyeongChang Olympic Games.
OSCE ELECTION OBSERVERS RELEASE 2020 PRELIMINARY FINDINGS ON THE UNITED STATES GENERAL ELECTIONSFriday, November 13, 2020
By Emma Derr, Max Kampelman Fellow and Robert Hand, Senior Policy Advisor The U.S. election system has passed the “extreme stress test,” according to the head of the 2020 general election observation mission organized by the Organization for Cooperation and Security in Europe. International observers representing 39 OSCE participating States presented their preliminary conclusions at a press conference on November 4, 2020 in Washington D.C. The observation mission is a joint effort between the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the OSCE Parliamentary Assembly (PA). Ambassador Urszula Gacek of Poland, who led the ODIHR observers, said the U.S. electoral system had been subjected to an “extreme stress test” this year due to COVID-19 and the polarized political climate. While announcing the mission’s findings, she concluded, “The American electoral process appears to have passed that test.” Observers deliver the post-election statement in Washington D.C. Photo courtesy of the OSCE PA. In 1990, all OSCE participating States pledged to hold free and fair elections and to invite international observers. To meet this OSCE commitment, in March 2020 the U.S. Department of State invited the OSCE to observe the November 3 elections. As part of the OSCE election observation process, the observers focus their reporting on issues such as legal framework, election administration, new voting technologies, campaign environment and finance, and coverage of elections by media. Recommendations are then issued to improve the electoral processes to benefit citizens. “The United States is leading by example, showing that election observation is a way to promote democracy both at home and abroad,” said OSCE Parliamentary Assembly member Michael Georg Link, who served as Special Coordinator and leader of the short-term observer mission. This is the ninth election the OSCE has observed in the U.S. since 2002. The OSCE began its work during the summer of 2020 by conducting a comprehensive review of the electoral process. A Needs Assessment Report was published in July, which recommended observation. Once the core team of the observation mission was deployed, an Interim Report was released in October. Head of OSCE PA election observation mission Kari Henriksen in Ann Arbor, Michigan in October. Photo courtesy of the OSCE PA. The Needs Assessment Report noted “the conduct of these elections will be the most challenging in recent decades” and that “in a highly polarized environment, there is an increased need for external and independent overview of the electoral process, including of the election day proceedings.” ODIHR sent a limited election observation mission (LEOM) to the United States on September 29, which included observing early voting. The core team was comprised of eleven experts from ten participating States, led by Gacek. On election day, 50 observers were deployed by ODIHR, alongside 65 observers that included parliamentarians and support staff from the OSCE PA, to 30 states and the District of Columbia. Michael Georg Link and Andreas Nothelle speak with a poll worker at a polling station in Washington D.C. on Election Day. Photo courtesy of the OSCE PA. Despite the challenges, the OSCE team was confident it produced a thorough, impartial, fact-based assessment. As Link noted, the OSCE’s role is not to draw a “thumbs up, thumbs down” political conclusion or compare results to other countries or even to previous elections in the same country. The mission hopes to foster post-election dialogue about its recommendations, and a final report is expected in January 2021. All OSCE election observation reports are accessible on the OSCE website. Findings Overall Assessment The OSCE’s Preliminary Report concluded that the November 3, 2020 general elections were free and fair, as well as “competitive and well managed despite legal uncertainties and logistical challenges.” It also noted that the pluralistic and diverse media provided comprehensive coverage of the campaign. Freedom of expression was respected, and a wide range of available election-related information enabled voters to make an informed choice. Early and postal voting was significantly expanded, allowing for higher voter participation amid the COVID-19 pandemic. The work of election administration under difficult circumstances “enjoyed general confidence.” The elections were “extensively observed” by both partisan and non-partisan citizen observers, which increased the transparency of the election process. The preliminary report stated, “Election day was orderly and took place in a peaceful atmosphere without unrest or intimidation. Mitigating measures against the pandemic were generally in place and followed.” Any interruptions at polling places due to problems with voting equipment were quickly addressed. Political Polarization The 2020 presidential campaign was characterized by deep political polarization. During the year, controversy arose regarding the conduct of elections amid the COVID-19 pandemic which took hold in February and March. The death of George Floyd in Minneapolis in late May elevated calls for racial justice, leading to peaceful protests as well as confrontation and instances of violence. The OSCE/ODIHR Election Observation Mission 2016 Final Report said that the last presidential campaign was characterized by harsh personal attacks and intolerant rhetoric by one candidate, a trend that continued in 2020. This year’s preliminary findings highlighted the incumbent president’s “discriminative and pejorative statements” and also noted that “the two leading presidential candidates accused each other of corruption, fraud, working for foreign interests, an inability to lead, and support for extremist groups.” Overall, the international election observers concluded that this rhetoric shifted the focus away from policies and party platforms and toward negative campaigning. Legitimacy of Elections The 2020 Interim Report noted that many ODIHR election observers expressed concerns about the “the incumbent President’s repeated allegations of a fraudulent election process and postal vote in particular.” This led to concern over public trust in the process and outcome as well as the potential for political violence in the aftermath of elections. At the November 4 press conference, Link stated that “baseless allegations of systematic deficiencies, notably by the incumbent President, including on election night, harm public trust in democratic institutions.” Link and Gacek both said that the OSCE’s observations will be ongoing as the votes continued to be counted. “Nobody – no politician, no elected official – should limit the people’s right to vote. Coming after such a highly dynamic campaign, making sure that every vote is counted is a fundamental obligation for all branches of government,” said Link. Alternative Voting The preliminary findings indicate “an unprecedented volume of litigation over voting processes in the months before the elections, with over 400 lawsuits filed in 44 states.” The report states that such litigation, focusing on minimizing the COVID-19 health risks of in-person voting, created uncertainty and placed undue burden on voters and election officials. Despite these obstacles, opportunities to vote early were expanded due to the pandemic. The interim report said that even though there was concern over the level of preparedness of election officials with minimal exposure to postal votes, many states allowed absentee ballots to be processed before election day and allowed voters to correct mistakes that may have otherwise led to ballot rejection. According to the preliminary report, “Early voting was conducted in-person in 39 states and the District of Columbia, with voting periods ranging from 45 to 3 days. Long queues were reported in a number of states. All states provided voters with the option to cast a postal ballot…By election day, more than 100 million voters had already cast their votes.” The OSCE observed the processing and handling of postal ballots and reported no indication of systemic problems or issues. Secrecy of the vote is not guaranteed by all states for postal and out-of-country electronic voting, which the report—in line with several previous EOM reports—notes does not align with OSCE commitments. Election Observation On election day, the OSCE observed the election process and visited a limited number of polling stations. According to the preliminary report, “Election day was observed by numerous partisan and non-partisan citizen observers across the country, with rights and responsibilities ranging from observing signature and ballot verification to challenging the eligibility of a voter or of individual ballots.” Gacek lauded the enormous effort made by election workers and citizens working the polls, as well as a record voter turnout amidst pandemic challenges and legal uncertainty. “We were received very favorably -- made to feel very welcomed,” said Gacek. Five states and the District of Columbia permit observation by international observers by law, and eighteen states restrict observation. During the press conference, Link noted that there are a number of states where international election observers are not allowed inside polling premises. The OSCE has noted these restrictions since its 2004 report. Link said that he hoped state laws would be amended to allow for international observer access, as the current restrictions are not in line with OSCE commitments. However, Article 1 of the U.S. Constitution devolves the responsibility to conduct elections to the states. As a part of this power, each state has different laws about election observers. Some do not allow international election observers into polling places. Other states do, but most are silent on the matter, leaving it to the discretion of election officials. Disenfranchisement Disenfranchisement has been an issue raised by OSCE election observation missions since 2008. For example, the OSCE noted that U.S. residents of the District of Columbia and overseas territories do not have voting representation in Congress. Also, an estimated 5.2 million citizens are not permitted to vote due to criminal convictions, even after serving their sentence. The OSCE notes that this restriction disproportionately affects African Americans and violates the principles of universal suffrage. Voter Registration and Identification As stated in previous reports of OSCE election observation missions to the United States, 2020 observers concluded in the “Statement of Preliminary Findings and Conclusions” that voter registration and identification requirements can be unduly restrictive for certain groups of citizens, such as Native Americans and low-income citizens. Identification documents are required in 34 states. Campaign Finance Since 2008, OSCE reports on U.S. elections noted a high level of campaign spending; this year, the mission estimated that campaign expenditures were expected to reach $14 billion. OSCE concerns include campaign finance laws that facilitate a lack of donor transparency and unlimited spending of Super PACs.
Remarks from Sen. Cardin Concerning Election Observation and Vienna Terrorist AttackThursday, November 12, 2020
Statement at the OSCE Parliamentary Assembly Meeting of the Standing Committee Mr. Secretary General on behalf of the U.S. Helsinki Commission, let me congratulate our president, our secretary general, and leadership of the OSCE parliamentary assembly. I know I am joined by Senator Roger Wicker, our vice president, and Congressman Richard Hudson the Chair of the First Committee in congratulating you on the manner of which you have adjusted to this pandemic, so that the Parliamentary Assembly can deal with the challenges of our time. Whether hot spots or dealing with the pandemic, I believe the OSCE Parliamentary Assembly has adjusted to this crisis and has been extremely relevant. So first, our congratulations to you for a job very well done. “A fundamental function of any democracy is ensuring that citizens are able to vote and know that their vote will be counted.” That was a quote from our former president Alcee Hastings. I send you greetings from Alcee, who is undergoing treatment and could not be on the call today. I know and I ask that we all keep him in our prayers, as he is dealing with his health concerns. I want to thank as the Secretary General has pointed out, those who have been involved in the election observation missions. It is not easy to cross the Atlantic and observe an election in the United States, and I thank you all for your participation in our election. I had the chance to address the parliamentarians through video when they were here, and we very much appreciate the fact that they really added to the importance of the observation role of the OSCE Parliamentary Assembly. So, congratulations to all who participated. We are very proud of our democracy in the United States. We recognize that no democracy is perfect. We all need to be on a path towards improvement, and as the Special Representative on Anti-Semitism, Racism, and Intolerance of the Parliamentary Assembly, I am particularly sensitive to the use of racial and religious tropes to try and influence votes or when some try to disenfranchise those who are eligible to vote. Areas in which we can use some improvement. So, we obviously are monitoring such issues very closely in all of our participating States, including in the United States. I have introduced legislation to deal with some of these issues on disenfranchisement and to deal with other issues on intimidation. But I think we can all acknowledge that the overwhelming participation of Americans of all backgrounds in our election demonstrates the continued vibrancy of our democracy. And again, I thank you all for your observations and I can assure you that we are going to continue to try and improve in America and help all the states within the OSCE in their free and fair elections. I do want to acknowledge the horrendous terrorist attack and offer our condolences for what happened in Vienna - the home of the OSCE – on the street outside the synagogue that survived Kristallnacht. It is a particular concern that we all recognize that the victims came from various faiths and ethnicities. And it just recalls Mr. President, that in 2016 at our annual meeting, the United States offered a supplemental item - a call for OSCE action to address violence and discrimination - so that we deal with the concerns of what we see in healing and guarding against prejudice and discrimination. As your Special Representative charged with this function, I want to suggest that we revisit that resolution, and I particularly want to thank you for your support of the mission of special representation on behalf of the OSCE Parliamentary Assembly through your actions and statements in the forums that have been held during this pandemic because you recognize the pandemic does add pressure to these types of issues. Thank you very much for your support. I am proud to represent the Parliamentary Assembly in this area.
Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 397) voicing concern about serious violations of human rights and fundamental freedoms in most states of Central Asia, including substantial noncompliance with their Organization for Security and Cooperation in Europe (OSCE) commitments on democratization and the holding of free and fair elections, as amended.
The Clerk read as follows:
H. Con. Res. 397
Whereas the states of Central Asia--Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan--have been participating states of the Organization for Security and Cooperation in Europe (OSCE) since 1992 and have freely accepted all OSCE commitments, including those concerning human rights, democracy, and the rule of law;
Whereas the Central Asian states, as OSCE participating states, have affirmed that every individual has the right to freedom of thought, conscience, religion or belief, expression, association, peaceful assembly and movement, freedom from arbitrary arrest, detention, torture, or other cruel, inhuman, or degrading treatment or punishment, and if charged with an offense the right to a fair and public trial;
Whereas the Central Asian states, as OSCE participating states, have committed themselves to build, consolidate, and strengthen democracy as the only system of government, and are obligated to hold free elections at reasonable intervals, to respect the right of citizens to seek political or public office without discrimination, to respect the right of individuals and groups to establish in full freedom their own political parties, and to allow parties and individuals wishing to participate in the electoral process access to the media on a nondiscriminatory basis;
Whereas the general trend of political development in Central Asia has been the emergence of presidents far more powerful than other branches of government, all of whom have refused to allow genuine electoral challenges, postponed or canceled elections, excluded serious rivals from participating in elections, or otherwise contrived to control the outcome of elections;
Whereas several leaders and governments in Central Asia have crushed nascent political parties, or refused to register opposition parties, and have imprisoned and used violence against, or exiled, opposition figures;
Whereas in recent weeks fighting has erupted between government troops of Kyrgyzstan and Uzbekistan and members of the Islamic Movement of Uzbekistan;
Whereas Central Asian governments have the right to defend themselves from internal and external threats posed by insurgents, radical religious groups, and other anti-democratic elements which employ violence as a means of political struggle;
Whereas the actions of the Central Asian governments have tended to exacerbate these internal and external threats by domestic repression, which has left few outlets for individuals and groups to vent grievances or otherwise participate legally in the political process;
Whereas in Kazakhstan, President Nursultan Nazarbaev dissolved parliament in 1993 and again in 1995, when he also annulled scheduled Presidential elections, and extended his tenure in office until 2000 by a deeply flawed referendum;
Whereas on January 10, 1999, President Nazarbaev was reelected in snap Presidential elections from which a leading challenger was excluded for having addressed an unregistered organization, `For Free Elections,' and the OSCE assessed the election as falling far short of international standards;
Whereas Kazakhstan's October 1999 parliamentary election, which featured widespread interference in the process by the authorities, fell short of OSCE standards, according to the OSCE's Office of Democratic Institutions and Human Rights (ODIHR);
Whereas Kazakhstan's parliament on June 22, 2000, approved draft legislation designed to give President Nazarbaev various powers and privileges for the rest of his life;
Whereas independent media in Kazakhstan, which used to be fairly free, have been pressured, co-opted, or crushed, leaving few outlets for the expression of independent or opposition views, thus limiting the press's ability to criticize or comment on the President's campaign to remain in office indefinitely or on high-level corruption;
Whereas the Government of Kazakhstan has initiated, under OSCE auspices, roundtable discussions with representatives of some opposition parties and public organizations designed to remedy the defects of electoral legislation and now should increase the input in those discussions from opposition parties and public organizations that favor a more comprehensive national dialogue;
Whereas opposition parties can function in Kyrgyzstan and parliament has in the past demonstrated some independence from President Askar Akaev and his government;
Whereas 3 opposition parties in Kyrgyzstan were excluded from fielding party lists and serious opposition candidates were not allowed to contest the second round of the February-March 2000 parliamentary election, or were prevented from winning their races by official interference, as cited by the OSCE's Office of Democratic Institutions and Human Rights (ODIHR);
Whereas a series of flagrantly politicized criminal cases after the election against opposition leaders and the recent exclusion on questionable linguistic grounds of other would-be candidates have raised grave concerns about the fairness of the election process and the prospects for holding a fair Presidential election on October 29, 2000;
Whereas independent and opposition-oriented media in Kyrgyzstan have faced serious constraints, including criminal lawsuits by government officials for alleged defamation;
Whereas in Tajikistan, a civil war in the early 1900s caused an estimated 50,000 people to perish, and a military stalemate forced President Imomaly Rakhmonov in 1997 to come to terms with Islamic and democratic opposition groups and agree to a coalition government;
Whereas free and fair elections and other democratic steps in Tajikistan offer the best hope of reconciling government and opposition forces, overcoming the legacy of the civil war, and establishing the basis for civil society;
Whereas President Rakhmonov was reelected in November 1999 with 96 percent of the vote in an election the OSCE did not observe because of the absence of conditions that would permit a fair contest; Whereas the first multiparty election in the history of Tajikistan was held in February-March 2000, with the participation of former warring parties, but the election fell short of OSCE commitments and 11 people, including a prominent candidate, were killed;
Whereas in Turkmenistan under the rule of President Saparmurat Niyazov, no internationally recognized human rights are observed, including freedom of speech, assembly, association, religion, and movement, and attempts to exercise these rights are brutally suppressed;
Whereas Turkmenistan has committed political dissidents to psychiatric institutions;
Whereas in Turkmenistan President Niyazov is the object of a cult of personality, all political opposition is banned, all media are tightly censored, and only one political party, the Democratic Party, headed by President Niyazov, has been registered;
Whereas the OSCE's Office of Democratic Institutions and Human Rights (ODIHR), citing the absence of conditions for a free and fair election, refused to send any representatives to the December 1999 parliamentary elections;
Whereas President Niyazov subsequently orchestrated a vote of the People's Council in December 1999 that essentially makes him President for life;
Whereas in Uzbekistan under President Islam Karimov, no opposition parties are registered, and only pro-government parties are represented in parliament;
Whereas in Uzbekistan all opposition political parties and leaders have been forced underground or into exile, all media are censored, and attempts to disseminate opposition newspapers can lead to jail terms;
Whereas Uzbekistan's authorities have laid the primary blame for explosions that took place in Tashkent in February 1999 on an opposition leader and have tried and convicted some of his relatives and others deemed his supporters in court proceedings that did not correspond to OSCE standards and in other trials closed to the public and the international community;
Whereas in Uzbekistan police and security forces routinely plant narcotics and other evidence on political opposition figures as well as religious activists, according to Uzbek and international human rights organizations;
and Whereas the OSCE's Office of Democratic Institutions and Human Rights (ODIHR), citing the absence of conditions for a free and fair election, sent no observers except a small group of experts to the December 1999 parliamentary election and refused any involvement in the January 2000 Presidential election:
Now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That the Congress--
(1) expresses deep concern about the tendency of Central Asian leaders to seek to remain in power indefinitely and their willingness to manipulate constitutions, elections, and legislative and judicial systems, to do so;
(2) urges the President, the Secretary of State, the Secretary of Defense, and other United States officials to raise with Central Asian leaders, at every opportunity, the concern about serious violations of human rights, including noncompliance with Organization for Security and Cooperation in Europe (OSCE) commitments on democracy and rule of law;
(3) urges Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan to come into compliance with OSCE commitments on human rights, democracy, and the rule of law, specifically the holding of free and fair elections that do not exclude genuine challengers, to permit independent and opposition parties and candidates to participate on an equal basis with representation in election commissions at all levels, and to allow domestic nongovernmental and political party observers, as well as international observers;
(4) calls on Central Asian leaders to establish conditions for independent and opposition media to function without constraint, limitation, or fear of harassment, to repeal criminal laws which impose prison sentences for alleged defamation of the state or public officials, and to provide access to state media on an equal basis during election campaigns to independent and opposition parties and candidates;
(5) reminds the leaders of Central Asian states that elections cannot be free and fair unless all citizens can take part in the political process on an equal basis, without intimidation or fear of reprisal, and with confidence that their human rights and fundamental freedoms will be fully respected;
(6) calls on Central Asian governments that have begun roundtable discussions with opposition and independent forces to engage in a serious and comprehensive national dialogue, on an equal footing, on institutionalizing measures to hold free and fair elections, and urges those governments which have not launched such roundtables to do so;
(7) calls on the leaders of Turkmenistan and Uzbekistan to condemn and take effective steps to cease the systematic use of torture and other inhuman treatment by authorities against political opponents and others, to permit the registration of independent and opposition parties and candidates, and to register independent human rights monitoring organizations;
(8) urges the governments of Central Asia which are engaged in military campaigns against violent insurgents to observe international law regulating such actions, to keep civilians and other noncombatants from harm, and not to use such campaigns to justify further crackdowns on political opposition or violations of human rights commitments under OSCE;
(9) encourages the Administration to raise with the governments of other OSCE participating states the possible implications for OSCE participation of any participating state in the region that engages in clear, gross, and uncorrected violations of its OSCE commitments on human rights, democracy, and the rule of law;
and (10) urges the Voice of America and Radio Liberty to expand broadcasting to Central Asia, as needed, with a focus on assuring that the peoples of the region have access to unbiased news and programs that support respect for human rights and the establishment of democracy and the rule of law.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Nebraska (Mr. Bereuter) and the gentlewoman from California (Ms. Lee) each will control 20 minutes. The Chair recognizes the gentleman from Nebraska (Mr. Bereuter).
Mr. BEREUTER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on this measure.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from Nebraska? There was no objection.
Mr. BEREUTER. Mr. Speaker, I yield such time as he may consume to the gentleman from New Jersey (Mr. Smith), the author of this resolution with whom I have worked. I appreciate his great effort.
Mr. SMITH of New Jersey. Mr. Speaker, I thank the gentleman from Nebraska (Mr. Bereuter) for yielding me this time, and I want to thank him for his work in shepherding this resolution through his Subcommittee on Asia and the Pacific, and for all of those Members who have co-signed and cosponsored this resolution.
Mr. Speaker, this resolution expresses the sense of Congress that the state of democratization and human rights in the countries of Central Asia, Kazahkstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan, is a source of very, very serious concern.
In 1992, these States freely pledged to observe the provisions of the 1975 Helsinki Final Act and subsequent OSCE documents. The provisions contained in the 1990 Copenhagen Document commit the participating states to foster democratization through, among other things, the holding of free and fair elections, to promote freedom of the media, and to observe the human rights of their citizens.
Mr. Speaker, 8 years have passed since then, but in much of Central Asia the commitments they promised to observe remain a dead letter. In fact, in some countries the situation has deteriorated substantially. For instance, opposition political activity was permitted in Uzbekistan in the late 1980s. An opposition leader even ran for president in the December 1991 election.
In mid-1992, however, President Karimov decided to ban any manifestation of dissidence. Since then, no opposition movements have been allowed to function openly and the state controls the society as tightly as during the Soviet era.
An even more disappointing example is Kyrgyzstan. Once one of the most democratic Central Asian states, Kyrgyzstan has gone the way of neighboring dictatorships. President Akaev has followed his regional counterparts in manipulating the legal, judicial, and law enforcement apparatus in a way to stay in office, despite domestic protest and international censure. On October 29, he will run for a third term; and he will win it, in a pseudo-election from which all serious candidates have been excluded.
Throughout the region, authoritarian leaders have contrived to remain in office by whatever means necessary and give every sign of intending to remain in office as long as they live. Indeed, Turkmenistan's President Niyazov has made himself President for Life last December, and Kazakhstan's President Nazarbaev, who has extended his tenure in office through referenda, canceling elections, and staging deeply flawed elections, this summer arranged to have lifelong privileges and perks go his way. It may sound bizarre, but it may not be out of the realm of possibility that some of these leaders who already head what are, for all intents and purposes, royal families, are planning to establish what can only be described as family dynasties.
Certainly the worst offender is Turkmenistan. Under the tyrannical misrule of Niyazov, President Niyazov, his country is the only one-party state in the entire OSCE region. Niyazov's cult of personality has reached such proportions that state media refer to him as a sort of divine being, while anyone who whispers a word of opposition or protest is dragged off to jail and tortured.
Corruption is also rampant in Central Asia. Rulers enrich themselves and their families and a favored few, while the rest of the population struggles to eke out a miserable existence and drifts towards desperation. We are, indeed, already witnessing the consequences. For the second consecutive year, armed insurgents of the Islamic Movement of Uzbekistan invaded Uzbekistan and Kyrgyzstan. While they have been less successful than last year in seizing territory, they will not go away. Impoverishment of the populace fills their ranks with people, threatening to create a chronic problem.
While the most radical groups in Central Asia might have sought to create theocracies regardless of the domestic policies pursued by Central Asian leaders, the latter's marriage of corruption and repression has created an explosive brew. Mr. Speaker, finally let me say the leaders of Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan, and Turkmenistan seem to believe that U.S. strategic interest in the region, and the fear of Islamic fundamentalism, will keep the West and Washington from pressing them too hard on human rights while they consolidate power. Let us show them that they are wrong. America's long-term and short-term interests lie with democracy, the rule of law, and respect for human rights. So I hope that my friends and colleagues on both sides of the aisle will join in backing this important resolution.
Mr. BEREUTER. Mr. Speaker, I reserve the balance of my time.
Ms. LEE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of this resolution. The post-Soviet independence of the Central Asian states has not panned out in the way that benefited the population of these countries. Instead, it created wealthy and often corrupt elites and impoverished the population. Although all of these newly-independent states have joined the OSCE and appear, at least on paper, to be committed to OSCE principles, in reality the leaders of these countries have consistently fallen back on their OSCE commitments.
The political development reinforced the Office of the President at the expense other branches of government. Parliaments are weak and the courts are not free. Presidents of some countries, such as Turkmenistan, have pushed laws through their rubber-stamp legislatures that extend their presidential powers for life. Other governments, like the government of Uzbekistan, have been using the justification of fighting terrorism and insurgency as a means to imprison and/or exile the opposition, censor the press, and control civic and religious activities.
On the other hand, some countries such as Kyrgyzstan and Kazakhstan have demonstrated varying degrees of progress. Until recently, opposition parties could function freely in Kyrgyzstan, while the OSCE agreed to Kazakhstan's 1999 parliamentary election, which they found falling short of international standards but, nevertheless, an improvement over the past. The stability of Central Asia is key to the stability of this region which borders on Afghanistan, Iran, China, and Pakistan. The governments of Central Asia cite the destabilizing influence of drugs and arms-trafficking from outside of their borders and the need to fight Islamic fundamentalism as justifications for their authoritarian regimes.