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The Albanian Parliamentary Elections
Saturday, June 01, 1996

The May 1996 parliamentary elections in Albania were the third such elections in that country, which beforehand had by far the most repressive communist regime. It has also been the poorest country in Europe. In March 1991, only four months after political pluralism was tolerated in the country, the commu- nists (Socialist Party) won a majority and maintained control, relying on a less than adequately free and fair electoral process and lingering support in the countryside. In March 1992, the opposition Democratic Party led by Sali Berisha was better able to get the message out to a still traumatized population, and took power as the Socialists conceded. Since that time, there have been incredible economic and political reforms, although since 1994 shortcomings in democratic development seem less the result of the lack of understanding of concepts like the rule of law than more the overbearing nature of the Democratic Party's core leadership, especially after splits within the party led to the departure of some of its earlier leaders. The Democrats received a significant setback in November 1994 when popular resentment led to the defeat in a referendum of a new constitution for the country. The situation is exacerbated by an only partly reformed Socialist opposition, which has been inclined more to obstruct and provocate than anything else.

The elections were for 140 seats in the unicameral Assembly, 115 of them contested on the basis of majority races in electoral zones, with second-round runoffs, and 25 on the basis of a proportional division of parties achieving at least 4 percent of the vote. This gave the electorate two votes, one for a specific candidate and one for a political party. Members of several opposition parties complained that the greater preference given to the majority system favored the ruling party, or larger parties which would only include the Socialists. Democratic Party leaders argued that this is not necessarily the case, and that the majority system permits direct contact between a candidate and a constituency, thus strengthening democratic development. From the viewpoint of the election observer, either system or combination thereof is legiti- mate as long as it was approved through democratic means.

A recently adopted law -- called the Genocide Law -- and a commission established to implement it had an impact on the eligibility for candidacy. The law prohibited those who "collaborated" with the com- munist regime from holding office until 2002. Given the severity of the repression during the communist era, it is not surprising that such a prohibition would be popular, but the commission which made the decisions was under government control and did not act in a transparent matter. Indeed, some opposition members called it unconstitutional because it was acting as a court when it was not. A total of 139 people were declared ineligible to compete in the elections, 57 of whom appealed decisions, seven successfully. Only three of the 139 people prohibited came from the ruling party, although it was claimed that the Democratic Party had told people who would probably also have been prohibited not to run as a candidate in the first place.

The campaign period began in April, allowing a reasonable amount of time for political parties to get their message across. In fact, as these elections were required by the expiration of the mandate of the previously elected Assembly, the political parties were generally preparing for the elections months before- hand. The print media in Albania is almost all completely biased in favor of one party or another, allowing all points of view to be expressed but with little objective analysis available. The broadcast media is state controlled and had a definite but not overwhelming bias in its coverage of the campaign. However, the election law stipulated time frames for each political party in the campaign to present itself to the voters on television, and this was advantageous to the party in power. Many of the political parties campaigned by holding mass rallies. Opposition parties complained that the police in some towns prevented party leaders from traveling to attend rallies, and the Socialists were denied the ability to hold a final rally on the central (Skenderbeg) square of the capital city, Tirana, because it would disrupt traffic. A Democratic Party rally, on the other hand, was permitted because it was technically scheduled as an official address by Sali Berisha as the Albanian President.

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  • Helsinki Commission Digital Digest November 2021

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  • Helsinki Commission Digital Digest October 2021

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  • In Pursuit of Truth

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Some of these attacks are by private citizens, but most attacks on press freedom are carried out by governments such as those in Hungry, Poland, Tajikistan, Serbia, Turkmenistan, Belarus, or Russia. Specifically, Mahoney mentioned the number of journalists behind bars in Turkey and the use of foreign agent laws in Russia to sideline media. He also expressed concern over the targeted murders of journalists in the OSCE in countries including Ukraine, Slovakia, and Malta. Mahoney recommended fully implementing the 2018 OSCE ministerial council agreement on the freedom of the media, supporting the RFOM mandate and urging the mandate holder to challenge those countries with the worst press freedom records, implement the policies outlined in the 2020 resource guide by the RFOM on the safety of female journalists online, and considering the use of targeted sanctions to gold governments within the OSCE region accountable for their violations of press freedoms. Jamie Fly, President of Radio Free Europe and Radio Liberty, gave an update on his organizations efforts to provide news and media to 27 countries across Eurasia. Much of his testimony was focused on Russia and Belarus, where the gravest violations of press freedom occur. In Russia, foreign agent laws are increasingly being used to violate the freedom of the press and fines connected to these laws (such as $4.4 million owed by RFE/RL to Russia) are used to pressure news outlets financially. Fly believes the Kremlin is seeking absolute control over the information space in advance of the end of President Vladimir Putin’s current term in 2024. In Belarus, RFE/RL officers were raided, and equipment was confiscated. Meanwhile, many journalists threatened by the new government in Afghanistan are still hoping to evacuate and require outside support. Fly called for more advocacy for journalists in critical regions, funding for unbiased media to counter the large sums of money authoritarian governments spend on their biased media outlets, as well as pressure on those governments which jail journalists. Peter Pomerantsev, Director of the Arena Program and Senior Visiting Fellow at Johns Hopkins University, testified that the principles we use to defend journalists are being weaponized to attack journalists in other countries. He argued that the crushing of media voices happens not only through censorship, but also through the flood of disinformation. These mass inauthentic campaigns take away the fundamental right to receive information and know its origins, Pomerantsev said, and argued that the best way to counter such disinformation is through better transparency on the origins of content encountered online. Helsinki Commissioner Sen. Jeanne Shaheen (NH) asked the witnesses about steps the United States could take to counter disinformation and misinformation, especially strategies that have been found to be successful in Europe. Ribeiro answered that media literacy and better training for journalists to become fact checkers are key. Additionally, building back trust between the media and the public is vital, and the local level is the best way to do so. Mahoney agreed, stating that local news is generally trusted more than the news at a national level, but the decline in local news outlets in the U.S. has pushed people towards getting news from social media. Acknowledging various levels of media freedom across the OSCE, Chairman Cardin asked what best practices are to protect the freedom of the media. Ribeiro replied that different tools need to be used in different countries. Some countries have strong rule of law, yet still have issues with media freedom. In her capacity as RFOM, her tools include voice, advocacy, and assisting participating states to improve media freedom. Chairman Cardin also asked what should be done to protect journalists against indiscriminate arrests, detentions, and physical violence. Mahoney answered that the number one focus must be on bringing those who murder journalists to justice. Too often the murderers go free, sending the signal to others that journalists can be silenced this way. Next, to pressure governments that imprison journalists, including calling them out at conferences on the international stage. Lastly, the OSCE and EU must lift their standards and prevent capture of the media by the state. Chairman Cardin thanked Mahoney for his comments and added that the Helsinki Commission and the U.S. Congress is happy to help, but needs specifics like names and stories, not numbers, to advocate for journalists across the world. Asked about where the United States needs to concentrate its priorities regarding RFE/RL in the OSCE region, Jamie Fly noted the importance of social media in reaching audiences, and therefore the power social media companies have over RFE/RL. Social media algorithms dictate which content users see, and often authoritarian regimes intervene and pressure social media companies to remove content critical of them because of supposed terms-of-service violations, as was the case with Navalny’s election app in Russia. Fly affirmed the need for pressure and targeted sanctions on regimes violating press freedom, as well as support for journalist who cannot work safely in their home countries. Pomerantsev expanded on the issues of social media algorithms, explaining that understanding why an algorithm promotes some content over another is key to slowing disinformation. He emphasized that transparency, not regulation of content, is the best way to do so. Helsinki Commission Ranking Member Sen. Roger Wicker (MS) addressed the rising violence against journalists worldwide, including 29 killings in 2021, and increased imprisonment of journalists. Calling out Turkey, a NATO ally, for severe transgressions, Sen. Wicker asked if there is hope for improvement. Mahoney responded by saying the decline of press freedoms in Turkey has been happening for 20 years, but the coup attempt in 2016 worsened it. In his opinion, the OSCE and EU have been unsuccessful in attempting to bring change to media conditions in Turkey and must be more forceful in their critique of Erdogan and his regime. Chair Cardin closed the hearing by stating, “This commission stands ready to work with you to protect individual journalists as well as to put a spotlight on counties which are violating the freedom of the media.” Related Information Witness Biographies  

  • Media Freedom Across the OSCE Region to Be Assessed at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: IN PURSUIT OF TRUTH Media Freedom in the OSCE Region Wednesday, October 20, 2021 2:30pm Dirksen Senate Office Building Room 419 Watch live: www.youtube.com/HelsinkiCommission A free press is the lifeblood of democracy; without independent media, democracy is doomed, economies suffer, and peace is imperiled. In many of the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE), autocrats exploit financial and legal means, alongside physical violence, to intimidate and silence independent media. Journalists and their associates are attacked both online and offline; jailed on phony charges; and even killed for the secrets they expose. Leaders undermine public trust in the press to hide their misdeeds. Disinformation—particularly lies related to the COVID-19 pandemic—continues to pollute the information landscape. In her first appearance before Congress, OSCE Representative for Freedom of the Media Teresa Ribeiro will assess the state of media freedom across the OSCE region. Other expert witnesses will discuss recent attacks on journalists and media outlets, the motivations that lead authorities to try and silence the press, global disinformation networks, and more. The following witnesses are scheduled to testify: Teresa Ribeiro, Representative on Freedom of the Media, OSCE Jamie Fly, President & CEO, Radio Free Europe/Radio Liberty (RFE/RL) Robert Mahoney, Deputy Executive Director, Committee to Protect Journalists Peter Pomerantsev, Director of Arena Program and Senior Fellow, Johns Hopkins University; Author and Journalist

  • Cardin and Cohen Laud 2021 Nobel Peace Prize Award to Investigative Reporters

    WASHINGTON—Following the award of the 2021 Nobel Peace Prize to journalists Maria Ressa of the Philippines and Dmitry Muratov of Russia “for their efforts to safeguard freedom of expression, which is a precondition for democracy and lasting peace,” Helsinki Commission Chairman Sen. Ben Cardin (MD) and Co-Chairman Rep. Steve Cohen (TN-09) issued the following joint statement: “We congratulate the winners of the 2021 Nobel Peace Prize, Maria Ressa and Dmitry Muratov, and applaud the Nobel Committee for recognizing the courage of these journalists and their contributions to democracy and peace. Maria, Dmitry, and their colleagues are beacons of truth—without a free press, democracy is doomed, economies suffer, and peace is imperiled. “That this award comes just after the 15-year anniversary of the murder of Novaya Gazeta journalist Anna Politkovskaya and three years after the murder of Washington Post columnist Jamal Khashoggi solemnly reminds us of the dangers journalists face, particularly in authoritarian states.” Later this month, the Helsinki Commission will hold a hearing to call attention to the growing attacks on free media and underscore the importance of investigative journalism. Muratov is the longtime editor-in-chief of Novaya Gazeta, an independent Russian newspaper widely respected for its hard-hitting investigative journalism. Novaya Gazeta journalists routinely have been targeted by the authorities for their work and even murdered with impunity. Muratov dedicated his Nobel Prize award to his slain Novaya Gazeta colleagues Igor Domnikov, Yuri Shchekochikhin, Anna Politkovskaya, Stanislav Markelov, Anastasiya Baburova, and Natalya Estemirova.  In a November 2009 Helsinki Commission briefing on violence against journalists and impunity in Russia, Muratov, who provided testimony, said, “I would like to ask you a huge favor. In every meeting, in any encounter with representatives of the Russian political establishment and government, please, bring up this meeting. Please ask these uncomfortable questions. Please try not to be too polite.” Ressa is a Filipino-American journalist and co-founder and CEO of Rappler, a Philippine news website. Ressa was included in Time Magazine's 2018 Person of the Year as one of a collection of journalists from around the world, collectively branded “Guardians of Truth.” In 2019, she was awarded the Sergei Magnitsky Award for Outstanding Investigative Journalist, presented by international human rights lawyer Amal Clooney. In 2020, she was convicted of trumped-up “cyberlibel” charges by the Philippine government.

  • Helsinki Commission Digital Digest September 2021

  • The Russian election was supposed to shore up Putin’s legitimacy. It achieved the opposite.

    Electoral precinct 40, located in a charming historic area a few minutes’ walking distance from the Kremlin, is among the few in Moscow that can be trusted to count votes honestly. Ever since I first voted here at the age of 18, the official tallies have always reflected the actual votes cast. In Moscow’s 2013 mayoral election, the candidate who won the precinct was anticorruption campaigner and opposition activist Alexei Navalny. Local Muscovite pride may be one factor in this honesty; the presence of independent electoral commission members in the precinct may be another. So when I came to vote here on Sunday, and then stayed overnight to observe the count, I was certain that I would get a glimpse of the real sentiments of Russian voters. To be clear: It wasn’t an honest election. Opponents of the Kremlin, including all Navalny supporters, had been preemptively disqualified from the ballot through various bans imposed by the regime. But I did expect to see an honest count of the votes that were cast. I was proven right. The official vote tally from Precinct #40 showed the three top spots on the party list ballot divided among the Communists, Vladimir Putin’s United Russia and the liberal Yabloko party, the only genuine opposition group allowed to take part in this election. (Their shares were 27, 20 and 19 percent, respectively.) The Communist vote, usually low in Moscow, was boosted this time by support from the Navalny team, which urged voters to pick any candidates on the ballot who don’t represent United Russia — a tactic, known as “Smart Voting,” that aims to demonstrate how minimal support for the ruling party really is. On the single-member ballot (where voters choose among individual candidates rather than parties), Yabloko’s Sergei Mitrokhin won handily with 35 percent; the pro-regime candidate eked out just 14 percent. The overall official results announced next morning — both for Moscow and for Russia as a whole — might as well have come from a different country. The authorities solemnly announced that United Russia had retained its two-thirds supermajority in parliament — even though most polls (including those from government pollsters) showed support for the party in the high 20s. The rest of the seats will be filled by officially approved “opposition” parties that always end up supporting Putin’s most important initiatives. Predictably, not a single genuine opposition candidate — among the few allowed on the ballot in the first place — was actually allowed to win. This time around — in addition to traditional rigging methods such as organized voting by state employees and military conscripts, “carousel” multiple voting, and plain ballot-stuffing — the regime deployed a rather specific brand of electronic voting. When used in genuine democracies, electronic voting usually produces an outcome almost immediately. But in this election, tabulating the results took hours longer than counting traditional paper ballots — and the final result flipped at least eight Moscow districts from the opposition to United Russia. “The story with electronic voting fraud … reminds me of the switched urine samples at the 2014 Sochi Olympics,” noted political analyst Maria Snegovaya. “It was done clumsily and crudely — and by the same people, the FSB [Federal Security Service]. It seems this is the only way they can work.” In contrast to 2011, when a patently fraudulent parliamentary election brought tens of thousands of people into the streets, this time no major protests followed. Indeed, none were expected. Navalny’s arrest, and an unprecedented crackdown on opposition supporters earlier this year — with 11,000 detentions and more than 100 criminal cases against participants of pro-democracy rallies — has left Russian civil society subdued and demoralized. But this silence is deceptive. The respite for the regime will almost certainly prove to be only temporary. Recent protests and public opinion trends point to an unmistakable rise in general fatigue with one-man rule that is now stretching into its third decade. Major political change in Russia is notoriously difficult to predict — suffice it to mention the (unpredicted) political upheavals of 1905, 1917 or 1991 — but it seems likely that brewing anti-regime sentiment will burst out into the open in the spring of 2024 if Putin attempts to remain in power, in violation of the constitutional term limit he unlawfully overturned last year. It is an incontrovertible logic of history that in countries where governments cannot be changed at the ballot box, they are often changed on the streets. Russia has seen this herself, as have other countries in our post-Soviet neighborhood. It is no news to anyone that there are no real elections in Putin’s Russia. Yet international reaction to last weekend’s sham vote has been strong on both sides of the Atlantic. Lawmakers in the U.S. Congress and in the European Parliament have stated that it “severely weakens the legitimacy” of Putin’s rule. Whatever remains of that legitimacy will be finally shed in the event of Putin’s illegal prolongation of his mandate beyond 2024. European Union lawmakers have already hinted at a formal nonrecognition of any such action in the new strategy toward Russia adopted earlier this month. The year 2024 will be an important test — both for Russian society’s tolerance to autocratic rule, and for the West’s adherence to the rule of law not just in words but in practice. It’s now time to start preparing for that moment.

  • Helsinki Commission Leaders Blast So-Called Election Results in Russia

    WASHINGTON—Following the sham State Duma elections in Russia, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “From barring opposition candidates to stuffing ballot boxes and manipulating vote totals, there is ample evidence that these parliamentary elections may be the most blatantly fraudulent of them all. The Kremlin once again has demonstrated its utter disregard for the norms and values it purports to respect,” said Chairman Cardin. “Contrary to their international obligations, Russian authorities inexcusably restricted the number of international observers to the point that the OSCE was unable to monitor this election according to its long-established methods. Compounded with the fact that no election is free or fair if the principal opposition figures are kept off the ballot, as in this case, these elections will provide not a shred of legitimacy to those who take their seats in the Duma.” “Citizens cannot freely choose who represents them when opposition candidates are banned from running, poll workers stuff ballot boxes, and last-minute electronic ‘vote counting’ pushes Kremlin-preferred candidates over the top,” said Co-Chairman Cohen. “With each election, fewer and fewer opportunities remain for dissent in Russia, demonstrating Putin’s growing insecurity about his ability to stay in power unassisted.” “Moscow’s intimidation of local workers and businesses has left U.S. companies tainted for doing business in Russia,” said Sen. Wicker. “The moral cost of doing business in Russia increases with every day that Putin and his cronies bully their opponents into submission to maintain political power.” “Despite the lack of international observers, independent observers in-country bravely documented violations exposing the Kremlin’s machinations and the illegitimacy of this weekend’s election,” said Rep. Wilson. “The people of Russia deserve a vote that counts and a government that doesn’t stack the deck in its own favor.” The State Duma elections took place from September 17 – 19, 2021. Ahead of the election, many critics of the Kremlin were barred from running; in June 2021, a Moscow court ruling banned Alexei Navalny’s Anti-Corruption Foundation and associated organizations as “extremist” groups. As voting took place, photos and videos from live-stream camera feeds captured violations including officials stuffing ballot boxes and people being given multiple ballots. At the end of the vote count in Moscow, non-United Russia candidates who had been consistently leading lost at the last minute after thousands of “delayed” electronic ballots changed the results. On September 17, under threat of criminal prosecution of its staff in Russia, Google removed the Smart Vote app, a tool created by Navalny’s team to help voters identify candidates with the best chance to defeat a United Russia party candidate. Google also blocked access to two documents on Google Docs that included lists of Smart Vote endorsements on the grounds that the documents were “illegal” in Russia. Apple removed the Smart Vote app in Russia as well, claiming it had to follow Russian laws about “illegal” content. On September 18, at the Russian government’s request, YouTube blocked a video that included names of recommended candidates for Navalny’s Smart Vote initiative. The OSCE’s Office for Democratic Institutions and Human Rights and the OSCE Parliamentary Assembly chose not to observe the Russian elections due to severe restrictions Moscow placed on the number of international observers that would have left the OSCE unable to conduct a complete observation consistent with its usual methodology and standards.

  • Seeking Justice and Freedom in Belarus

    In 2020, mass protests against the fraudulent election of Alexander Lukashenko shook Belarus. Since then, Lukashenko and his illegitimate regime have clung to power by committing ever more serious acts of repression against advocates of democracy and free expression. Hundreds of political prisoners languish in pre-trial detention or have been sentenced to years in prison during closed trials. The regime has effectively criminalized independent journalism and peaceful assembly; no independent justice system exists to hold those in power accountable. On September 21, 2021, the U.S. Helsinki Commission held a hearing on the events in Belarus leading up to and following the 2020 presidential elections. The hearing included expert witness testimony by four witnesses on the state of the media, the plight of political prisoners, the international legal ramifications of Lukashenko’s violence, and U.S. policy responses and options. Helsinki Commission Chairman Sen. Ben Cardin (MD) opened the hearing by remarking that the election in 2020 was not free or fair, contrary to official reports from Belarus, and commended the extreme courage of peaceful protestors to show up en masse despite a history of mass arrests and torture and the “brazen hijacking of a civilian aircraft and kidnapping of a critic of Mr. Lukashenko.” In opening remarks, Co-Chairman Rep. Steve Cohen (TN-09) announced that, alongside Ranking Member Rep. Joe Wilson (SC-02), he soon would sponsor a resolution denouncing the acts of the Belarusian regime and supporting freedom and human rights in Belarus. Serge Kharytonau delivered a testimony on behalf of the International Strategic Action Network for Security (iSANS) based on monitoring and documentation of activity in Belarus. He noted that since 2020, the informational sovereignty of Belarus has been given up to Russia in exchange for Putin’s support of Lukashenko. The state propaganda machines in Belarus and Russia are now synchronized to promote the Kremlin’s goals. Kharytonau noted that the state media also is being used to conduct psychological operations, depicting videos of political hostages and victims of torture. Technology platforms such as YouTube are being used to promote misinformation, hate speech, and the threat of violence towards civilians. Tatsiana Khomich, the Coordination Council’s Representative for political prisoners, testified about the situation of political prisoners in Belarus. Only 673 political prisoners are officially recognized by the government in Belarus, but more than 4,600 cases have been opened relating to 2020 election. Several activists have been sentenced to more than 10 years in prison, where they lack medical care, suffer from chronic diseases, are subject to torture, and often attempt suicide. She noted that most of these prisoners are just regular people, such as taxi drivers, and some are as young as 15 years old. “The situation in Belarus will most likely result in the complete annihilation of the civil rights of Belarusians and the chance of political transformation in Belarus will disappear,” she said. Khomich argued that time plays into Lukashenko’s hands as his government adapts to sanctions and the negotiating position of the West declines. Furthermore, as time passes the focus on Belarus is likely to decrease; action is needed now. David Kramer, a senior fellow at Florida International University and former Assistant Secretary of State for Democracy, Human Rights, and Labor, testified on the violation of human rights and “weaponization” of migrants by Belarus, noting that the spillover effects in neighboring NATO countries poses a threat to the United States. Kramer also classified Belarus as a test case for the West and its struggle between democracy and authoritarianism. He offered several recommendations to deal with the situation in Belarus: targeting the individuals surrounding Lukashenko who are keeping him afloat financially with sanctions; requiring U.S. allies in the Middle East to make a choice between supporting the United States or supporting Lukashenko; cutting off  IMF funding to Belarus; and continuing not to recognize Lukashenko as the leader of Belarus. Kramer emphasized that an effort should be made to press for the release of all political prisoners and have accountability for the gross violation of human rights by the Lukashenko regime. The West needs to prepare for when Lukashenko is gone, he argued, but in the meantime Belarusian civil society must be supported. Siarhej Zikratski, a representative on legal affairs in the office of Sviatlana Tsikhanouskaya, personally attested to the political persecution of prisoners. Prisoners are cramped in tiny cells, tortured, beaten, and subjected to sexual violence. Despite appeals, no criminal cases exist regarding these acts. He also highlighted the disbarment of 13 lawyers who defended journalists and politicians who stood up to the regime. Zikratski recommended that the international community refuse to recognize Lukashenko as Belarus’ leader; use international human rights laws and international human rights protection mechanisms such as Article 30 of the Convention Against Torture and Article 41 of the International Covenant on Civil and Political Rights to address human rights violations; and record evidence of human rights violations, document crimes, and investigate criminal proceedings under the principle of universal jurisdictions. During the question-and-answer session with witnesses, members asked questions ranging from the use and abuse of U.S. technology platforms by repressive regimes, to the proposed union between Belarus and Russia and the recent joint Zapad military exercise, to specific cases of human rights abuses in Belarus. Witnesses also discussed the effectiveness of the OSCE’s 2020 Moscow Mechanism investigation and the continuing importance of U.S-funded news outlets such as Voice of America, Radio Liberty, and Radio Free Europe. Related Information Witness Biographies Special Statement from Sviatlana Tsikhanouskaya Press Release: Chairman Cardin Joins Bipartisan Resolution Highlighting First Anniversary of Fraudulent Election In Belarus Press Release: Cardin and Cohen Condemn Persecution of Independent Journalists in Belarus Press Release: Helsinki Commission Condemns Lukashenko Regime for Forced Landing of Commercial Jetliner Leading to Arrest of Raman Pratasevich

  • Repression in Belarus Focus of Upcoming Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: SEEKING JUSTICE AND FREEDOM IN BELARUS Tuesday, September 21, 2021 2:30 p.m. Dirksen Senate Office Building Room 419 Watch live: www.youtube.com/HelsinkiCommission More than a year has passed since mass protests against the fraudulent election of Alexander Lukashenko shook Belarus. In the meantime, Lukashenko and his illegitimate regime cling to power by committing ever more serious acts of repression against advocates of democracy and free expression. Hundreds of political prisoners languish in pre-trial detention or have been sentenced to years in prison during closed trials. The regime has effectively criminalized independent journalism and peaceful assembly; no independent justice system exists to hold those in power accountable. As Lukashenko lashes out at the West—even engineering the forced landing of an EU flight to abduct a journalist and sending overwhelming numbers of migrants into the EU via Belarus—the exiled leader of democratic Belarus, Sviatlana Tsikhanouskaya, has been engaging the world on her country’s behalf, calling for new elections, the release of political prisoners, and accountability for the repressive regime. Expert witnesses will provide updates on the current situation in Belarus, including the state of media, the plight of political prisoners, the international legal ramifications of Lukashenko’s violence, and U.S. policy responses and options. The following witnesses are scheduled to testify: Serge Kharytonau, Media Expert, International Strategic Action Network for Security (iSANS) Tatsiana Khomich, Coordination Council Representative for political prisoners, Viktar Babaryka Team Coordinator, and sister of political prisoner Maria Kalesnikava David J. Kramer, Senior Fellow, Florida International University Siarhej Zikratski, Representative on Legal Affairs, Office of Sviatlana Tsikhanouskaya

  • Chairman Cardin Joins Bipartisan Resolution Highlighting First Anniversary Of Fraudulent Election in Belarus

    WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) today joined a bipartisan group of lawmakers to introduce a resolution on the one-year anniversary of the fraudulent presidential election in Belarus through which Alexander Lukashenko seized power for a sixth term.  The resolution, led by Helsinki Commissioner Sen. Jeanne Shaheen (NH) and Helsinki Commission Ranking Member Sen. Roger Wicker (MS), calls for free and fair elections, reaffirms bipartisan support in the Senate for the pro-democracy movement, free media, and the Belarusian people, and condemns Lukashenko’s recent acts of transnational repression. “A year after the people of Belarus were deprived of their democratic aspirations and desire for change, the United States is taking significant action to target those officials and companies propping up and supporting the Lukashenko regime,” said Chairman Cardin. “Over 600 political prisoners are unjustly detained.  Independent media outlets have been raided and shuttered, and Belarusian authorities are attempting to silence NGOs and vital members of civil society, and even Belarusians abroad face intimidation and the threat of kidnapping.  I support the Biden administration’s sanctions today, and I am proud to join my colleagues in the introduction of this significant, bipartisan resolution.” “This resolution reflects the important bipartisan work underway in Congress in support of the pro-democracy movement in Belarus and in fierce repudiation of Lukashenko’s continued aggression. Our message is clear: we are watching and there will be consequences for actions that violate the rights of Belarusians, wherever they occur,” said Sen. Shaheen. “Our bipartisan message from the Senate comes on the one-year anniversary of Belarus’ stolen election and as the Biden administration has rightly announced additional sanctions, in coordination with our UK and EU allies, for human rights abuses and increasing acts of transnational repression. The U.S. will not be silent as Lukashenko’s tyrannical regime escalates crackdowns against the Belarusian people and obstructs the pro-democracy movement and freedoms that the Belarusian citizenry are fighting so hard to secure.” “As the first official act of the Free Belarus Caucus, this resolution is a strong first step to show the world the U.S. Senate stands with the Belarusian people in their fight for freedom and new elections that are free and fair,” Sen. Wicker said. “I urge my colleagues to support this resolution as we work to promote democracy and oppose the ongoing abuses of the Lukashenko regime.” Helsinki Commissioners Sen. Thom Tillis (NC) and Sen. Marco Rubio also joined the resolution, alongside Sen. Ron Johnson (WI), Sen. Dick Durbin (IL), Sen. Rob Portman (OH), Sen. Chris Murphy (CT), Sen. Tim Kaine (VA), Sen. Chris Van Hollen (MD), Sen. Ed Markey (MA), and Sen. Bill Hagerty (TN). On Friday, Sen. Shaheen and Sen. Wicker announced the formation of the Free Belarus Caucus in the Senate, which includes a bipartisan group of seven other senators with the purpose of advocating for democracy and free and fair elections in Belarus.

  • Helsinki Commission Summer 2021 Digital Digest

  • Co-Chairman Cohen, Ranking Member Wilson Introduce TRAP Act In House

    WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) and Ranking Member Rep. Joe Wilson (SC-02) yesterday introduced the Transnational Repression Accountability and Prevention (TRAP) Act in the U.S. House of Representatives. The legislation makes fighting abuse of INTERPOL a key goal of the United States at the organization, mandates that the United States examine its own strategy to fight INTERPOL abuse, and protects the U.S. judicial system from authoritarian abuse. The legislation was introduced by Helsinki Commission Chairman Sen. Ben Cardin (MD) and Ranking Member Sen. Roger Wicker (MS) in the Senate in May 2021. “Using the legal system and INTERPOL to harass political opponents is becoming far too common,” said Co-Chairman Cohen. “Russia, Azerbaijan, Kazakhstan, Tajikistan, and Turkey frequently issue meritless INTERPOL requests that violate key provisions of INTERPOL’s constitution, subjecting international travelers to unnecessary inconvenience. The TRAP Act cracks down on the misuse of these tools to prevent autocrats from harassing their own citizens overseas.” “Dictators are increasingly pursuing political opponents and dissidents across borders. Through surveillance, harassment, and even assassination, these autocrats are attempting to build a world safe for authoritarianism—where speaking out against brutal regimes might destroy your life,” said Rep. Wilson. “It is imperative that we fight back. INTERPOL abuse is one of the worst forms of this transnational repression and I am pleased to introduce the TRAP Act with other Helsinki Commission leaders to curb it.” The Helsinki Commission regularly receives credible reports from political dissidents, human rights defenders, and members of the business community who are the subject of politically-motivated INTERPOL Notices and Diffusions requested by autocratic regimes. These mechanisms, which function effectively as extradition requests, can be based on trumped-up criminal charges and are used to detain, harass, or otherwise persecute individuals for their activism or refusal to acquiesce to corrupt schemes. Russia is among the world’s most prolific abusers of INTERPOL’s Notice and Diffusion mechanisms. Other participating States of the Organization for Security and Cooperation in Europe (OSCE)—principally Azerbaijan, Kazakhstan, Tajikistan, and Turkey—and other authoritarian states, such as China, also reportedly target political opponents with INTERPOL requests that violate key provisions of INTERPOL’s Constitution, which obligate the organization to uphold international human rights standards and strictly avoid involvement in politically-motivated charges. One notable example of autocratic leaders using this power to harass their political enemies occurred in Rwanda. Paul Rusesabagina, a staunch critic of the Rwandan government, was arrested while traveling through Dubai after Rwanda asked INTERPOL to issue a Red Notice. Rusesabagina was then returned to Rwanda on false terrorism charges. Turkey’s government also has abused INTERPOL to target Enes Kanter, an NBA basketball player, who lives in the United States. Kanter is an outspoken member of a religious group that largely opposes the Turkish President. Original co-sponsors of the bipartisan bill include Helsinki Commissioners Rep. Emanuel Cleaver, II (MO-05), Rep. Brian Fitzpatrick (PA-01), Rep. Ruben Gallego (AZ-07), Rep. Richard Hudson (NC-08), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. Sheila Jackson Lee (TX-18), Rep. Tom Malinowski (NJ-07), and Rep. Peter Meijer (MI-03) also are original co-sponsors. 

  • OSCE SHDM on Digital Technology and Human Rights

    OSCE Conference on Risks and Opportunities Posed by Digital Technologies On July 12 and 13, 2021, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) held the third Supplementary Human Dimension Meeting (SHDM) of the year, titled "Digital Technologies and Human Rights - Opportunities and Challenges." The virtual conference included representatives from 45 OSCE participating States; a dozen OSCE missions and institutions, including the OSCE Parliamentary Assembly; more than 140 academic, national, and non-governmental human rights institutions; and international organizations like the Council of Europe, European Union, and the United Nations. Digital technologies affect human rights, gender equality, and the rule of law, and in her opening remarks, Swedish Foreign Ministry Director-General for Political Affairs Elinor Hammarskjöld stressed the nexus between digital technologies and Swedish OSCE Chairpersonship-in-Office (CiO) priorities. The COVID-19 pandemic underscored how the digital divide disproportionately affects women and girls, she explained, and stressed the threat that widespread use of digital technologies can pose to fundamental freedoms if used indiscriminately by authorities. Panelists highlighted opportunities for digital technologies to benefit societies and human rights defenders, as well as dangers they can pose to human rights. Maia Rusakova, associate professor of sociology at St. Petersburg State University, warned that data collection technologies have facilitated online recruitment by human traffickers. However, facial recognition, artificial intelligence, and tracking blockchain financial transactions and social media activity could play a role in combatting the digital threats of human trafficking.  Susie Alegre, an associate at the human rights NGO Doughty Street Chambers, highlighted how cutting-edge data collection can raise awareness of threats to human rights, support investigations, facilitate positive social change, and support human rights defenders. Examples include Data 4 Black Lives, eyeWitness to Atrocities, Forensic Architecture, and Bellingcat. Elif Kuskonmaz, a lecturer at the University of Portsmouth, cautioned that misuse of facial recognition technology could pose threats to peaceful assembly and freedom of speech, and that it could be exploited to wrongfully detain citizens. To prevent such abuse, she recommended that participating States adopt adequate legal frameworks concerning the collection, use, storage, and sharing of personal data. She urged all participating States to review the Council of Europe's Convention 108+, which addresses personal data collection in a national security context. Other panelists explored the capacity of artificial intelligence systems to reinforce existing structural inequalities through algorithms and the subsequent human rights implications. Civil Society Concerns about Government Use—or Abuse—of Digital Technology Civil society participants shared human rights concerns related to governmental use of digital technologies. Many urged the OSCE to call out repressive behavior and help participating States establish adequate legal protections against misuse. Several urged the United States and the European Union to target sanctions against the worst offenders. Many participants also took the opportunity to raise human rights concerns directly with government officials, and alleged misuse of data collected by government agencies to persecute human rights defenders, social activists, and their families.  For example, civil society activists from Kazakhstan accused the government of conducting digital surveillance and censorship on NGOs and activists, and they complained that mandatory “security certificates” allow the government to monitor and block use of non-government-controlled social media sites such as Facebook, YouTube, and Instagram. Other NGOs raised concerns about Spain's treatment of protesters in Catalonia, Greece's treatment of Turks in Western Thrace, and Russia’s occupation of Ukraine, including Crimea. A German NGO called for the abolition of facial recognition technology due to its use by law enforcement to profile specific ethnic groups and minorities, including Roma and Sinti.  Civil society participants also expressed concerns over participating States’ use of digital technology to target dissent by deploying spyware against individuals, spreading misleading government-sponsored content, and silencing protest groups and democratic movements. Several NGOs argued that their governments exploited conditions imposed by the pandemic to use surveillance camera footage, geolocation data, and contact tracing as part of a domestic surveillance campaign to discourage public political dissent. Participants highlighted how technology has been used to spread racist messaging, including the racist abuse of English football players following the recent Union of European Football Associations Euro 2020 matches. Many voiced their dismay that social media companies do not hold accountable individuals who spread racist content. Participants recommended that social media companies implement more robust algorithms to detect racist remarks.  Participating States Respond Several participating States addressed the use of technology. The European Union recognized the importance of addressing human rights abuses that arise from the misuse of digital technologies. Turkey responded by touting its 2016 law on data protection and emphasizing its multiculturalism. The Holy See responded that it is necessary to improve education in proper use and effects of technology. The Holy See also called for international regulations to guarantee the protection of human rights and fundamental freedoms, including the right to private personal electronic communication.

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