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The Helsinki Commission regularly publishes feature articles about Commission initiatives, OSCE meetings, developments relating to the Helsinki Final Act taking place in OSCE participating States, and more.

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  • The Rule of Law: Justice for the Bytyqi Brothers

    By Robert Hand, Policy Advisor From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM).  The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. OSCE commitments recognize that adherence to the rule of law is essential to democratic governance and to ensuring respect for human rights and fundamental freedoms. They also emphasize the importance of providing justice in cases of criminal acts which egregiously violate human rights and fundamental freedoms. Justice not only punishes the perpetrator of the crime; it also brings closure to the victim or surviving family and friends, and it allows the society in which it took place to move forward. The Murder of the Bytyqi Brothers Ylli, Agron, and Mehmet Bytyqi were all United States citizens, born near Chicago, Illinois, to ethnic Albanian parents from Kosovo.  (Previously an autonomous province of Serbia within the former Yugoslavia, Kosovo has been an independent state since 2008.) The three brothers, all in their 20s, responded to the brutality of the 1999 Kosovo conflict by joining the so-called “Atlantic Brigade” of the Kosovo Liberation Army.  Hostilities ceased in June of that year, following a NATO air campaign designed to stop Serbian forces from repressing the local population and committing atrocities.  About two weeks later, the Bytyqi brothers agreed to escort an ethnic Romani family, who had been neighbors of the Bytyqi family in Kosovo, to a place of greater safety.  Dressed in plain clothes and unarmed, the brothers accidently strayed across an unmarked administrative border and were arrested by the Serbian police.  They were jailed for two weeks for illegally entering the country.  Rather than being released, Ylli, Agron, and Mehmet Bytyqi were instead placed in the custody of a special operations unit of the Serbian Ministry of Internal Affairs and taken to a training facility where all three were murdered.  Two years later, their bodies were found with hands bound and gunshot wounds to the back of their heads, buried atop an earlier mass grave of approximately 70 murdered Kosovo civilians. Justice Denied While an investigation reportedly continues, no individual has been found guilty – or even charged – for the murder of the Bytyqi brothers.  Senior U.S. officials and Members of Congress, including several serving on the Helsinki Commission, repeatedly have urged that action be taken by Serbian authorities, including war crimes prosecutors in regard to this case; a resolution to that effect is pending in the U.S. House of Representatives.  While serving as Prime Minister from 2014 to 2017, Serbian President Aleksandar Vucic promised quick action on several occasions, both in public gatherings and in private meetings with the Bytyqi family.  Recently, however, he has reportedly criticized those who remind him of his promises or who express concern about the close connections the leading suspect in the case, former Interior Ministry official Goran “Guri” Radosavljevic, has with the ruling Serbian Progressive Party. The execution-style murder of Ylli, Agron, and Mehmet Bytyqi was clearly an extrajudicial act committed by government forces, a horrific crime like so many committed by the Serbian regime of Slobodan Milosevic throughout the 1990s.  The surviving Bytyqi family, currently residing in New York state, has asked for nothing more than bringing those responsible to justice. U.S. Government officials have also called for justice in a case of the three murdered U.S. citizens, even as they otherwise express support for Serbia and its European aspirations. Human rights groups in Serbia have joined the call for justice, including as a way to distance their country from a period in its recent past marked by aggressive nationalism and egregious human rights violations on a massive scale. All that remains if for Serbian authorities to take the action promised by their political leaders.            

  • American Scientist Suffers Under Turkey’s Faltering Rule of Law

    By Everett Price, Policy Advisor From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM).  The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. This feature article on Turkey coincides with the September 19 session of HDIM 2017, which focuses on whether OSCE participating States are implementing their commitments related to rule of law. On September 11, the first day of the meeting, the Turkish delegation walked out to protest that an NGO it alleged has ties with the Gulen movement was allowed to register for HDIM. A NASA scientist based in Houston, Texas has spent the last 14 months in a Turkish prison, caught in the same dragnet that has ensnared tens of thousands of Turkish nationals since the failed coup attempt that played out in Turkey during the night of July 15, 2016. The scale of the Turkish government’s crackdown since that chaotic night is difficult to comprehend, but this scientist’s story illustrates the kind of ordinary lives that the sweeping purges upended with only the slimmest of justifications. A 37-year old dual citizen of the United States and Turkey, Serkan Golge is married to Kubra, also a dual US-Turkish national. The couple has two young sons, aged eight and one.  They have lived in a two-story home in a quiet suburb of Houston since 2013, when Serkan landed a contract as a senior research scientist at NASA’s Johnson Space Center, focusing on the effects of solar radiation on the astronauts aboard the International Space Station. Serkan’s mind, once immersed in scientific observation and the boundless expanse of outer space, is now mostly trapped in the contemplation of his small prison cell and the national political drama that landed him there. For the past 14 months, he has been detained in Iskenderun prison on the Mediterranean coast of southeastern Turkey, 25 miles from the Syrian border—he has spent the last 12 months in solitary confinement, allowed outside his cell just one hour every day. *** On the morning of July 23, eight days after the failed coup, Serkan and his family were wrapping up a month-long stay with his parents in Antakya, Turkey. The surreal night of the coup attempt, including pitched street battles between rebel military units and civilians in Istanbul and Ankara, had seemed a world away to the Golges on vacation in Turkey’s southern Hatay province. But as Serkan and his family were loading up a car to go to the airport to begin their return trip to Houston, the coup’s aftermath arrived at their doorstep. Plainclothes state security officials approached Serkan as he emerged from the house and detained him on suspicion of membership in the so-called “Fethullah Terrorist Organization” (FETO) that the Turkish government has accused of plotting the overthrow attempt. “FETO” is the pejorative term coined by the Turkish government for a major social and religious movement in Turkey led by the Islamic cleric Fethullah Gulen who has lived in self-imposed exile in Pennsylvania since 1999. Once a political ally of President Recep Tayyip Erdoğan’s conservative Justice and Development Party (AKP), the Gulen movement fell out with AKP officials in recent years as the movement asserted its independence in various state organs, particularly the courts. President Erdoğan perceived the Gulen movement as a threat and started to purge its allies in state ministries, followed by the private sector. It was no surprise to most observers when Erdoğan declared “FETO” responsible for the coup and moved to eviscerate every last remnant of the group in Turkish institutions, whether in the public sector, business, media, civil society, or education.  Serkan is currently on trial and faces up to 15 years in jail if convicted of belonging to “FETO.” Yet the evidence that ostensibly links him to the organization, establishing his complicity in the coup and justifying his prolonged detention, is astonishingly thin. A distant disgruntled relative appears to have denounced Serkan to authorities to settle an old score relating to an inheritance dispute. Based on the relative’s statements, authorities arrested Serkan and raided his parents’ home where they seized upon a single one-dollar bill as evidence. Turkish authorities claim that Fethullah Gulen gave blessed American dollar bills to his followers; thus, national security trials around the country have scrutinized countless dollar bills in their deliberations. His relative further testified to his suspicion that Serkan worked for the CIA. When questioned about this at trial, the relative acknowledged that his claim was based solely on the fact that Serkan lived in the United States. Authorities have also questioned Serkan about his college degree from a major Gulen-affiliated university that the government closed in 2016. He reminded authorities that he attended the university on a government-funded scholarship—a reminder of the ruling party’s formerly cozy relationship with the organization it now denounces as public enemy number one. A dollar bill, a U.S. passport, and a college degree: this is the evidence that has landed an American citizen in solitary confinement for a year in Turkey. *** Serkan’s experience reflects the plight of the tens of thousands of people arrested, imprisoned, or fired from their jobs for suspicion of involvement in the attempted coup. The state of emergency decrees that paved the way for these massive purges did not specify the criteria for detention and dismissal. As a result, baseless assertions about an individual’s suspected links to “FETO” have caused people to lose their jobs, be stripped of their professional licenses, or thrown in jail without even the most minimal due process. In all, the government has detained more than 110,000 people, of whom 50,000 are under arrest. These detentions have swelled Turkey’s prison population and prompted the government last year to release 38,000 inmates just to make room for the influx. Reliable information is not available for the number of ongoing trials or convictions but last month the government issued a decree extending the maximum pre-trial detention period from five to seven years, underscoring how prolonged detention without conviction can serve as punishment itself. Of the 140,000 people who lost their jobs, so far 30,000 have been allowed to return to work. Meanwhile, 80,000 people who lost jobs have appealed their cases to a temporary State of Emergency Procedures Investigation Commission established by Ankara in July 2017. The case load created by the purges would strain the judicial system under normal circumstances, but the situation faced by the Turkish judiciary today is anything but normal.  Prior to the coup attempt, President Erdogan had already embarked on a campaign to extend his influence over the judicial branch and promote party loyalists within its ranks. In the coup’s aftermath, this campaign kicked into high gear. Since July 2016, President Erdogan dismissed more than 4,200 judges and prosecutors—approximately a quarter of the total—on suspicion of subversive loyalties.  Of the 900 new judges recruited as replacements in April, opposition leaders claim 800 have ties to the ruling party.  The independence of the Turkish judiciary further eroded in April 2017 when a controversial nationwide referendum narrowly approved constitutional changes that increased the President’s influence over the Council of Judges and Prosecutors (CJP). The powerful CJP “oversees the appointment, promotion, transfer, disciplining, and dismissal” of judges. Under the newly enacted constitutional amendments, the President now appoints nearly half of the CJP and the Turkish parliament appoints the rest, easily giving the ruling party a majority on the council.  Straining under the weight of an overwhelming case load and immense political pressure, Turkey’s judiciary appears to lack the capacity and capability to deliver timely and credible justice for Serkan Golge and thousands like him. *** Back in Houston, the Golges’ house is now on the market. Kubra has opted to remain in Turkey, living with her in-laws in Antakya; she fears that even if the government let her and her sons out of the country it might not let them back in.  She covered the mortgage from abroad for the past year, but the mounting financial pressure was unsustainable. Her eldest son should have begun second grade this month at his local public school in Houston. He says he misses his old room, his books and toys. She is able to visit Serkan once a week where she and the children can speak to him by phone through a glass pane. Once every two months, they can meet in person and embrace, always under the watchful gaze of prison guards. Serkan’s next trial date is set for October 13th. For now, the Golge’s homecoming in Houston is postponed indefinitely: every new hearing brings with it the hope of acquittal and the dread of an unjustified conviction.  In May, the Helsinki Commission’s leadership, joined by the co-chairmen of the Tom Lantos Human Rights Commission, sent a letter to President Trump urging him to raise Serkan’s case, among others, with President Erdogan during the latter’s official visit to Washington. The letter highlighted the cases of other American prisoners and a detained veteran Turkish employee of the U.S. Consulate in Adana accused of supporting a Kurdish terrorist organization. The letter further encouraged the President to seek consular access for U.S. diplomats to detained Americans in Turkey—a courtesy the government has so far denied them. The Commission will continue to highlight these and other cases in Turkey and urge Ankara to uphold its commitments as a participating State of the OSCE to human rights, democratic principles, and the rule of law.

  • Profile: Dr. Petra Gelbart

    From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM).  The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns.  In particular, OSCE agreements address issues relating to the human rights of Roma, Holocaust remembrance, and preserving sensitive sites of remembrance. During the Nazi occupation of the Czech lands, an internment camp in the Czech village of Lety became a concentration camp for Roma. Around 1,300 people were imprisoned there, including many children.  Some died in Lety as a result of the horrible conditions in the camp.  Many more were deported and perished at Auschwitz. An estimated three hundred survived.  In some ways, Lety is as emblematic of the experiences of Roma both during the and after the Holocaust. During the communist period, a pig farm was established on the site of the former concentration camp.  After the fall of communism, the existence of the pork processing facility became an enduring controversy, generating progressively more frequent protests. In recent years, Czech officials moved closer to a decision to remove the pig farm.  In August, the Czech government announced agreement had been reached with the owners of the site on a purchase price, paving the way for the farm’s removal. The United States subsequently welcomed the progress made by the Czech Republic.  Helsinki Commission Chairman Senator Roger Wicker observed, “[t]his achievement is the culmination of decades of work on the part of survivors, human rights groups, members of the Helsinki Commission, and others. It paves the way for a dignified and appropriate memorial for the thousands of men, women, and children who suffered and died there.” At the opening of this year’s OSCE’s Human Dimension Implementation Meeting, the Czech Republic – the only European Union country to speak at the opening in its national capacity, in addition to supporting a joint EU statement – drew attention to this breakthrough: “Against the backdrop of the deteriorating situation of human rights and fundamental freedoms in the OSCE, heightened attacks leveled at civil society, media and persons belonging to minorities, it remains crucial to continue promoting and protection fundamental OSCE commitments and principles.  In this context, we would like to highlight the recent positive developments in the implementation of the Czech Republic’s Roma Integration Strategy 2015-2020.  I have in mind the issue of the former Gypsy Concentration Camp in Lety u Pisku.” In light of these developments, the Helsinki Commission had a conversation with Dr. Petra Gelbart.  Dr. Gelbart is a Romani ethnomusicologist who uses music and academic research to advocate for the remembrance of Romani victims of the Holocaust.[iv] She frequently speaks to a wide range of audiences about Romani music, culture, and their persecution during the Holocaust.  She has also served as a Public Member on a U.S. delegation to an OSCE Human Dimension Implementation Meeting. Born in Czechoslovakia and the granddaughter of Holocaust survivors, Dr. Gelbart was introduced to Romani language, music, and culture at a young age. Her personal background drove her passion to study Romani culture further and to become an educator in Romani music, history, and other socio-political issues. “My family’s experience during the Holocaust was the primary motivator in my decision to become involved in commemoration efforts,” Dr. Gelbart says. “Increasingly, I am also coming to terms with how much this background has shaped my personal identity and psychological makeup, so continuing the work is important for my mental wellbeing.” She first studied musicology at UC Berkeley. Shortly after finishing her degree, she went on to pursue her postgraduate studies and earned a Ph.D. in ethnomusicology from Harvard University. Dr. Gelbart co-founded the Initiative for Romani music at New York University and is currently the music curator for RomArchive. She has also taught ethnomusicology, music psychology, as well as Romani music and language at the university level.  Her research has focused on interethnic communication, the Holocaust, music psychology, and institutional ethnography. “I try to take what people think they know about so-called ‘Gypsies,’ and replace it with something that's much more based in reality,” she explains. Dr. Gelbart passionately advocates for the use of music to not only educate about Romani culture, but also to reflect upon the difficult aspects of this community’s history. “Oral traditions and personal memoirs have kept the memory of the Holocaust alive among Roma and Sinti even in the absence of sympathetic institutions,” she observes. “The song Chajori Romani, for example, is considered an anthem of both Czech and Slovak Roma. It has a generic, happy text about a Romani girl, but also an alternate text that recounts the conditions of a concentration camp. Thus, even though the Holocaust-related text is sung less frequently, it looms in the background of this popular memory, which has come to be known as ‘the Romani lament’ regardless of which lyrics are being sung.” “When people pay close attention to Romani music, they can learn not only things they may not have expected to find out about Roma and Sinti, but also about themselves,” Dr. Gelbart notes. “For example, many people associate Manouche (French Romani) people with Gypsy Jazz, and Gypsy Jazz with emotive passion. On objective analysis, however, it turns out that strong sentiments tend to be projected onto Gypsy Jazz and its performers, based on stereotypes of ‘Gypsies,’ rather than being inherent in the music itself. Also, some of the composers and performers who may be perceived as wild musicians have in fact produced decidedly tame, deeply reflective musical pieces, including a few with Holocaust-related themes.” She continues, “Students and lecture audiences are surprised by the existence of Romani Holocaust songs, and as a consequence some of them ask why they were previously never exposed to the voices of Roma and Sinti in Holocaust education. At that point, it is useful to point out that just as Roma and Sinti expressed their grief and ongoing fears for their safety in songs during and after World War II, some of them also wrote memoirs or formed organized commemoration narratives. The image of Romanies as unschooled or illiterate is persistent, and yet Holocaust-related education shows Romani traditions in a rather different light.” Dr. Gelbart works to educate her students and colleagues about the discrimination Romani face in Europe and to correct the offensive misconceptions many hold about them. One challenge she faces in educating people about the Romani experience during the Holocaust is undoing the erasure of Romani victimhood from historical narratives. Throughout much of Europe, the Romani were formerly not a legally recognized ethnic group and thus were excluded from regional Holocaust memory and discouraged from speaking out about their experiences. “It is absolutely true that the continued, state-sponsored shaming of Romani cultures made surviving Romani families very unlikely to speak out about their wartime experiences,” Dr. Gelbart explains. “There is an enduring misconception that Romani Holocaust remembrance is typically private,” she continues. “In reality, Romani attempts to give public testimony about genocide have largely paralleled post-war developments in Jewish families, albeit at a slower pace.” In August, the Czech government agreed to remove the pig farm from the Lety concentration camp site. Dr. Gelbart believes that this decision is symbolic of the gradual inclusion of Romani Holocaust experiences in mainstream discourse. “The pig farm at Lety, along with the recreational complex on the site of the Hodonin camp (where my great-great-grandmother was murdered by a Czech guard), are symbolic of not only the imperative to include Roma and Sinti fully in mainstream discourse on the Holocaust, but also the need to examine why the Romani Holocaust tends to be relegated to footnotes,” she says. Though she sees improvement in the perspectives and treatment of Romani communities and history, Dr. Gelbart argues that the Romani experience during the Holocaust is understudied and that this trend reflects itself in lasting discrimination towards the community. “In my opinion, the most important part of remembrance is making connections to present-day perils,” she explains. “We can honor the work of the Roma and allies who have fought for the dignity of the Lety victims, but we must not stop publicly pointing out the larger context of this struggle.” Dr. Gelbart is committed to expanding the study and inclusion of Romani history and culture in the public sphere. She urges governments to take greater care in promoting Romani rights and society to learn more about the Romani, while elevating their memory above mere victimhood. “Every book, every college course, every school curriculum and every ceremony commemorating the Holocaust should strive to make its audience aware of the difference between how Romanies are assumed to be and how they actually live their lives. It can be as simple as saying that ‘Roma and Sinti are a highly diverse ethnic group, with many communities striving for social integration. The same ideologies that labeled Romanies as subhuman in times of genocide are hindering their education, employment, and even physical safety in the twenty-first century.’ If nothing else, we need to show Romani students in both Europe and the Americas that their existence and their heritage are worth as much as any other group’s,” she says. Dr. Gelbart’s activism within the Romani community extends beyond the classroom. She works with Czech families who foster or adopt Romani children. She is also interested in the role music plays in therapy, specifically in rehabilitative and developmental therapy. She is based in New York.

  • Preventing Modern Slavery through Education of Children

    From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM).  The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. As traffickers seek to lure adolescents into exploitation, holistic anti-trafficking education of teachers and children directly in schools is emerging as a critical tool to fight modern day slavery across the OSCE region.  Education has long been used in the prevention of human trafficking, the first of “3 Ps”—prevention, prosecution, and protection—around which most of the OSCE participating States have structured their laws to combat trafficking in human beings.  For instance, embassies and consulates include trafficking warnings and trafficking hotlines in information to individuals seeking visas, especially those individuals coming to be domestic servants. Tourists are educated in airports about the legal penalties of sexually exploiting vulnerable children.  Flight attendants and hotel operators are trained in how to recognize and safely report potential trafficking victims. Members of the law enforcement community are educated in the procedures for identifying trafficking victims among migrant and refugee flows through programs like the OSCE Extra Budgetary Project, which successfully concluded its third training last week in Vicenza, Italy.  International organizations have targeted aid for trafficking awareness education in countries where severe lack of economic opportunity makes teens extremely vulnerable to sham offers of jobs abroad. However, traffickers are increasingly preying upon children’s social vulnerability, not just economic need.  Social vulnerability—such as feelings of alienation, unresolved emotional or physical abuse, learning disabilities, or unfamiliarity with a new culture and language—means that children of every socio-economic background across participating States are at risk of being taken advantage of by traffickers.  Children’s often unlimited and unmonitored access to the internet can also endanger them.  Traffickers scout social media with fake profiles, looking for children they can extort into trafficking.  A child sends a half-naked photo to their “new friend” on social media, who then threatens to send the photos to the child’s parents and friends—unless the child does as they say.  No child is immune, but some are now smarter than their would-be traffickers. Non-governmental organizations in the United States and United Kingdom have been taking prevention to new heights through programs to train children in schools how to avoid being ensnared by human traffickers.  The Frederick Douglass Family Initiatives PROTECT project, and Just Enough UK, to name a few, have pioneered curricula that helps children—and their teachers—navigate the new faces and ploys of modern day slavery. Including age-appropriate, anti-trafficking education of teachers and school children in the standard curriculum for all children means that the suffering and harm caused by human trafficking can be halted early—or avoided altogether.  At a recent hearing in the U.S. House of Representatives Foreign Affairs Committee, Co-Founder and Executive Vice President of the Frederick Douglass Family Initiatives, Robert Benz, observed, “The cost benefits to taxpayers, for preventing or mitigating human trafficking at an early stage, are enormous. The human benefit for preventing someone from being victimized is incalculable.” Such educational initiatives may soon benefit from new federal government grants in the United States.  Helsinki Commission Co-Chairman Rep. Christopher Smith, Special Representative for Human Trafficking Issues to the OSCE Parliamentary Assembly and author of the U.S. laws that establish and fund the “3Ps”, included in the new Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act (H.R. 2200) authority for the training of teachers and students to recognize and avoid human trafficking.  H.R. 2200 passed the House of Representatives in July and awaits consideration in the U.S. Senate.

  • Helsinki Commission Chief of Staff Meets with New ODIHR Director Gísladóttir

    On September 13, Helsinki Commission Chief of Staff Ambassador David T. Killion met with the new Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), Ingibjörg Gísladóttir, during the 2017 OSCE Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland. Ambassador Killion stressed the Commission’s commitment to the autonomy and work of ODIHR, and highlighted several Commission priorities including fighting anti-Semitism and racism; combating trafficking in persons; promoting religious freedom; and strengthening democratic institutions. He also noted the Commission’s support for the work of the ODIHR Contact Point on Roma and Sinti Issues. Ambassador Killion urged Director Gísladóttir to continue ODIHR’s positive collaboration with the OSCE Parliamentary Assembly, noting strong Commission support for OSCE election observation. Turning to the HDIM, he emphasized the importance of the continued open participation of civil society in the event, which is a singular feature of the annual meeting. He said the Commission will continue to fulfill its mandate to monitor the participating States’ compliance with their OSCE commitments, with particular regard to those relating to human rights.  

  • Religious Freedom in Kazakhstan: The Case of Teymur Akhmedov

    By Nathaniel Hurd, Policy Advisor The case of Teymur Akhmedov, a 61-year-old Jehovah’s Witness in Kazakhstan, illustrates the life-threatening consequences that can result from attacks on religious freedom. Restrictions on Religious Freedom in Kazakhstan Becoming an OSCE participating State includes the voluntary accession to all OSCE commitments, including those related to freedom of religion. From the founding Helsinki Final Act of 1975, the language is clear: “The participating States will respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion… the participating States will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.” Yet of the 10 countries currently designated by the U.S. State Department as “Countries of Particular Concern” with regard to religious freedom, three of them – Tajikistan, Turkmenistan, Uzbekistan – are in the OSCE region. Since the International Religious Freedom Act of 1998 requirements came into effect, the U.S. Secretary of State has annually reviewed and reported annually on the status of religious freedom in foreign countries. When there is evidence the government of that country has “engaged in or tolerated particularly severe violations of religious freedom in that country,” the Secretary is supposed to designate the country as a CPC. Although Kazakhstan has not been designated as a CPC and its constitution includes provisions providing for religious freedom, in its International Religious Freedom Report for 2016, the State Department reported “the government continued to arrest, detain, and imprison members of religious groups, criminalize speech ‘inciting religious discord,’ question congregation members about their choice of faith, punish individuals for ‘illegal missionary activity,’ and label ‘nontraditional’ religious groups as ‘destructive sects’ in the media.” This has led the U.S. Commission for International Religious Freedom (USCIRF) to classify Kazakhstan as one of three OSCE participating States – along with Azerbaijan and Turkey – on its “Tier 2” list, which identifies countries where religious freedom violations do not meet the criteria for the State Department’s CPC designation, but that still need ongoing scrutiny. Kazakhstan has been on the Tier 2 list every year since 2013. USCIRF notes in its 2017 annual report, “The country’s restrictive 2011 religion law bans unregistered religious activity and is enforced through police raids, detentions, fines, and the closing of religious institutions. Increasingly, terrorism and religious extremism laws with multiyear prison sentences are deployed against religious nonconformity and political opposition, blurring the line between violent extremism and peaceful dissent.” The Case of Teymur Akhmedov A retired bus driver, Jehovah’s Witness Teymur Akhmedov is a married father of three. In 2016, he was approached by several men who identified themselves as students who were interested in the teachings of Jehovah’s Witnesses. They invited Akhmedov to an apartment to discuss his faith and later visited his home. Acting on behalf of the National Security Committee (a Kazakh intelligence agency), the men secretly recorded their discussions. In January 2017, Akhmedov was arrested and charged with violating Kazakhstan’s Criminal Code (Article 174) regarding “inciting religious hatred.” The presiding judge concurred with the charges and also accused Akhmedov of “inciting religious discord” and promoting the “propaganda of exclusivity, superiority of citizens on grounds of their religion.” He sentenced Akhmedov to five years in a labor camp and banned him from “ideological religious activity.” His appeal was denied in June 2017. Since his pre-trial detention began in January, authorities have denied Akhmedov access to cancer treatments at a hospital. He also says he has been tortured in detention. His family and his fellow Jehovah’s Witnesses are concerned that his health will rapidly deteriorate. Jehovah’s Witnesses have asked for him to be immediately released and for the Kazakh government to stop using the Criminal Code and legislation to violate religious freedom in the name of combating extremism. Jehovah's Witnesses in Kazakhstan There are 18,000 Jehovah’s Witnesses in Kazakhstan, more than in any other central Asian country. Over the years, the Kazakh government has fined more than 60 Jehovah’s Witnesses for engaging in missionary activities without registration. In May 2017, a government inspection of Jehovah’s Witnesses headquarters in Almaty alleged non-compliance with Kazakh law regarding requirements for the number of security cameras at public venues, although the government had approved – and Jehovah’s Witnesses had implemented – a camera plan for the headquarters earlier that year. In June, a judge suspended all activities at the headquarters and imposed fines. At an appeals hearing on August 3, the judge amended the sentence, ordering Jehovah’s Witnesses to refrain from holding religious meetings in the headquarters, but permitting all other activities at the headquarters to continue. This has forced 14 congregations to meet elsewhere.  

  • Bride Kidnapping in the Kyrgyz Republic

    Each year in Kyrgyzstan, an estimated 12,000 1 young women are kidnapped and forced to marry their abductors. As many of one out of five are raped in the process. An illegal practice justified by perpetrators as “traditional,” particularly in rural areas of Kyrgyzstan, bride kidnapping not only violates the human rights of women, but can also result in higher rates of depression and suicide among women, higher rates of domestic violence and divorce, and, according to a recent study from Duke University, perhaps even lower birthweights for babies. What Is Bride Kidnapping? Although bride kidnapping can be a form of staged elopement, in the majority of cases it is forced abduction, and generally targets young women, including those under 18. The kidnapping is usually planned in advance, often with the assistance of the man’s family. The most common scenario is that a woman is abducted off the street as she goes about her daily routine by a group of young men, stuffed into a vehicle, and taken to the “groom’s” home, where she is held against her will, subjected to psychological pressure, and sometimes even raped to force her to submit to the marriage. In some cases, the woman may not even have met the man before the abduction. In Kyrgyz society – and particularly in rural areas – an unmarried woman’s reputation can be irrevocably damaged if she spends even a single night outside her family home.  As a result, victims often feel that the honor of their families is at stake, so they have no recourse other than to consent to the marriage. Even their families may pressure them to acquiesce. For the same reasons, incidents are underreported to the authorities, particularly if the woman stays with her abductor. Why Does Bride Kidnapping Occur? Bride kidnapping is socially accepted as a Kyrgyz tradition, although non-consensual bride kidnapping does not appear to have been common before the early 20th century and the practice has been illegal in Kyrgyzstan since1994.   Since Kyrgyzstan’s independence in 1991, Kyrgyz have often asserted their ethnicity and traditions as a way to distance themselves from their Soviet past and affirm the country’s independent identity. Bride kidnapping may be just one way to express that ethnic nationalism. In its consensual form, bride kidnapping may be a way for couples to avoid parental permission or expensive dowry payments. When non-consensual, it may be that the perpetrator feared rejection or had trouble finding a willing bride, or that the groom’s family wants to avoid a costly large wedding.   Lasting Negative Impact Bride kidnapping not only violates Kyrgyz law and women’s human rights, but it also causes lasting damage to both victims and families.  An NGO-run hotline for domestic violence victims estimates that some 15 percent of their calls are related to bride kidnapping; the same NGO estimates that 60 percent of marriages based on bride kidnapping end in divorce2. There have also been several cases of women committing suicide shortly after being abducted and forced to marry. Kidnapped brides may not have finished school. After their marriages, many are denied access to educational or economic opportunities, resulting not only in the loss of their personal dreams but also in a negative impact on the national economy at large. According to various studies by the Organization for Economic Cooperation and Development (OECD), the United Nations, and the World Bank, when women work, economies develop faster, and women are likely to spend household income in ways that benefit their children. Oftentimes, the forced marriage is a religious ceremony performed by a local imam, and not registered with state authorities. This lack of registration can create significant problems later on, because women in unregistered marriages are not entitled to property settlements, alimony, or child support in the case of divorce or abandonment. Ending Bride Kidnapping As a participating State of the OSCE, Kyrgyzstan is party to several OSCE commitments related to gender equality, and the Kyrgyz government is making efforts to end bride kidnapping. In 2013, the penalty for bride kidnapping was increased from three to seven years in prison, and in 2016 a new law was enacted against underage marriages and forced marriages that also hold accountable those who perform such marriages and relatives who participate in organizing them. The government is supporting awareness raising campaigns, and the NGO “Women Support Centre” has been working with the government to monitor the impact of the new legislation. These measures should be stepped up, along with community leaders speaking out, more legal accountability for perpetrators, and increased assistance and recourse for victims. 1 Current statistics are difficult due to the illegality of the practice and underreporting by victims. This estimate is based on figures from the United Nations and several non-governmental organizations working in Kyrgyzstan. 2 According to the Sezim Crisis Center in Kyrgyzstan.    

  • The 2017 Human Dimension Implementation Meeting: An Overview

    Each year,1 the OSCE Office for Democratic Institutions and Human Rights (ODIHR) organizes the Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland. As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress.  The 2017 HDIM will be held from September 11 to September 22. Human Dimension Implementation Meeting 2017 The HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma.  Each year, three special topics are selected for a full-day review.  2017 special topics will be 1) ensuring “equal enjoyment of rates and participation in political and public life,” 2) “tolerance and nondiscrimination,” and 3) “economic, social and cultural rights as an answer to rising inequalities.”  This year’s meeting will take place at the Warsaw National Stadium (PGE Narodowy), the site of the NATO summit earlier this year. The meeting will be webcast live. Background on the Human Dimension Implementation Meeting When the Helsinki Final Act was signed in Finland in 1975, it enshrined among its ten Principles Guiding Relations between Participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the Final Act included a section on cooperation regarding humanitarian concerns, including transnational human contacts, information, culture and education. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as trafficking in human beings and refugees), and concerns relating to tolerance and nondiscrimination (e.g., countering anti-Semitism and racism). One of the innovations of the Helsinki Final Act was agreement to review the implementation of agreed commitments while considering the negotiation of new ones. Between 1975 and 1992, implementation review took place in the context of periodic “Follow-up Meetings” as well as smaller specialized meetings focused on specific subjects. The OSCE participating States established permanent institutions in the early 1990s. In 1992, they agreed to hold periodic Human Dimension Implementation Meetings” to foster compliance with agreed-upon principles on democracy and human rights. Additional changes to the modalities for the HDIM were agreed in 1998, 2001, and 2002, which included shortening the meeting from three weeks to two weeks, and adding three “Supplementary Human Dimension Meetings” annually on subjects selected by the Chairmanship-in-Office on particularly timely or time-sensitive issues. One of the most notable features of the HDIM is the strong participation of non-governmental organizations. The United States has been a strong advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE modalities allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. 1 In exceptional years when the OSCE participating States hold a summit of heads of state or government, the annual review of human dimension commitments is included as part of the Review Conference which precedes the summit, and also includes a review of the political-military and economic/environmental dimensions.

  • Taming the OSCE’s Least-Developed Region: the Arctic

    By Paul Massaro, Policy Advisor, U.S. Helsinki Commission, Dave Zwirblis, Coast Guard Fellow, Office of Chairman Roger F. Wicker, Neal McMillian, NOAA Fellow, Office of Chairman Roger F. Wicker, and Alanna Schenk, Intern, U.S. Helsinki Commission The Arctic region—with its rapidly growing ecological, political, and economic importance—is almost as large as Africa, yet it is often overlooked in critical policy debates. As an Arctic nation and one of two nuclear powers within the region, the United States is central to Arctic development and maintaining the stability of the region. Despite including all eight Arctic nations, the Organization for Security and Cooperation in Europe (OSCE) has been largely dormant when it comes to Arctic issues. However, the OSCE Parliamentary Assembly (OSCE PA) includes a Special Representative for Arctic Issues, Ola Elvestuen of Norway, and has passed resolutions on the Arctic at its Annual Sessions, including as part of the 2010 Oslo Declaration and the 2013 Istanbul Declaration. Given the growing importance of the Arctic, the OSCE has many opportunities to increase its engagement in the Second Dimension—its portfolio of economic and environmental issues—in ways that would supplement the work of the Arctic Council, the primary intergovernmental actor in the region. Economic Opportunities In the near future, there likely will be a significant rise in human activity along the Northern Route. As sea ice melts, new shipping lanes are opening up offering unprecedented access to trade routes, natural resources, and even tourism opportunities. For example, the CRYSTAL SERENITY, a 1,000 passenger luxury cruise liner, is conducting a first of its kind month-long Arctic cruise through the Northwest Passage in summer 2017.  Increased maritime traffic and engagement stemming from these economic opportunities present numerous new challenges for the Arctic nations.  The Arctic region remains underdeveloped and lacking in critical infrastructure. The absence of continuous and robust U.S. and international community assets means response to any type of transportation or environmental disaster in these remote areas would be extremely slow and difficult to execute. Additionally, only 4.7 percent of the U.S. Arctic and 9 percent of the total Arctic waterways are charted to modern navigation standards.  Any increase in economic development and shipping in the Arctic will require cooperation from all stakeholder nations to build up the emergency infrastructure and provide the icebreaker vessels necessary to conduct pollution response and cleanup, search and rescue, and maritime security operations. Currently, the U.S. Coast Guard only has two polar icebreakers in operation.  These vessels break channels through the ice to maintain shipping lanes, perform search and rescue and law enforcement operations, and act as platforms for scientific research.  The Coast Guard’s oldest icebreaker and only one capable of heavy icebreaking, the POLAR STAR, was commissioned in 1976 and is operating well past its intended service life. If this vessel were to break down, it would be a single point of failure in the United States’ ability to protect its sovereign interests throughout the Arctic.  According to a 2011 Coast Guard assessment, the agency will need a minimum of six icebreakers to fulfill its statutory missions in the polar regions.  In an effort to recapitalize its aging icebreaker fleet, the Coast Guard plans to award a contract to a U.S. shipbuilder in 2019 with anticipated delivery of the first vessel by December 2022. Other Arctic nations, including Canada, Sweden, Finland and Demark have limited icebreaking capability as well. Russia currently owns and operates a fleet of more than 40 icebreakers. Ensuring that the increasing economic activity in the Arctic region is sustainable can only be achieved if the Arctic nations become fully engaged as soon as possible. It is imperative that this infrastructure is developed responsibly and sustainably with regard for the Arctic land and people—whether it is through low-effect shipping, sustainable shipping lanes, or science-based marine management.  Throughout this economic development, engaging and involving the native Arctic peoples will be vital to integrate Arctic communities into the global economy during this time of rapid change. Environmental Challenges The way that the Arctic nations respond to the changing climate and its respective perils and possibilities will shape the world’s response to climate change and the future of international cooperation.  Science and technology in the Arctic present opportunities for this collaboration. The Arctic is an emerging hotbed for scientific research.  Much is still to be learned regarding ice sheets, under-ice conditions, glacial dynamics, polar ecosystems, and biodiversity.  In the face of rapid ecological changes, it is vital for the international science community to come together to gather baseline information and develop the infrastructure to monitor the ecological changes. Based on temperature changes and shifts in food regimes, species are moving around the Arctic, shifting from territorial waters into the newly accessible Arctic high seas.  While commercial fleets have yet to coalesce in the high-seas Arctic, the international community has the unique opportunity to develop governance frameworks and complete baseline studies in anticipation of the new fishery.  In 2015, five Arctic nations—the United States, Canada, Russia, Denmark, and Norway—agreed to halt high seas fishing in the Arctic until research gaps on the condition of the emerging fisheries were better understood.  Oil spill prevention and response as well as search and rescue are areas where infrastructure is minimal in the Arctic. Emergency response efforts are hindered by an absence of basic logistical support and infrastructure. Furthermore, while private companies have invested in infrastructure related to oil and gas exploration and extraction, this is not sufficient to fulfill infrastructure needs and additional investment will be required.

  • Beyond Pipelines: Breaking Russia’s Grip on Post-Soviet Energy Security

    By Paul Massaro, Policy Advisor, and Andras Olah, Intern In 2007, the Helsinki Commission held a hearing titled “Pipeline Politics: Achieving Energy Security in the OSCE Region,” which focused on energy security in Post-Soviet Eastern Europe. The hearing took place in the wake of the first major Ukrainian-Russian gas dispute in 2006 that demonstrated not only the Kremlin’s willingness to use its energy resources as a weapon to meddle in its immediate neighbors’ domestic affairs, but also the extreme dependency of much of  Europe on Russia’s energy supplies. At the time, experts and policymakers focused primarily on the enhancement of security of supply through the construction of new energy infrastructure, including pipelines, which would allow the diversification of energy imports of countries in the OSCE region. Ten years later, the energy landscape of the world fundamentally has changed. As Peter Doran, the Executive Vice President of the Center for European Policy Analysis (CEPA), stressed at a July 2017 Helsinki Commission briefing titled “Energy (In)security in Russia’s Periphery,” new energy infrastructure been built and the regulatory environment of the EU’s energy sector has significantly improved. At the same time, the shale gas revolution in the United States and the simultaneous development of a global liquid natural gas (LNG) market offers European gas consumers more alternative options to Russian gas imports than ever before. Most countries in Central and Eastern Europe have improved their energy security by the implementation of crucial reforms in their energy sectors. For example, in Ukraine, where for a long time “energy oligarchs” profiting from dodgy gas deals with Gazprom torpedoed any meaningful reform initiatives, a recent landmark decision has eliminated energy subsidies that have been a lucrative source of corruption for decades. However, Moscow has resisted surrendering its monopolistic market position and is fighting back through politically motivated energy projects designed to exploit the fault lines between European countries’ differing energy policies. The most important Kremlin-sponsored projects to date have been the planned Nord Stream 2 and TurkStream pipelines, which will carry gas to EU countries by circumventing Russia’s immediate post-Soviet neighbors. According to Doran, the Kremlin aims to end the role that neighbors like Ukraine, and to a lesser extent Moldova, currently play in the transit of gas to the EU through the Brotherhood and the Trans-Balkan pipelines. The success of Nord Stream 2 potentially could result in the loss of billions of dollars in transit revenues for Ukraine and Moldova, as well as diminishing their geopolitical importance for Europe, while subsequently enabling Russia to reassert its old influence over them by exploiting their diminished energy security. As a result of massive infrastructure projects promoted by the EU to develop reverse flow capacities on existing pipelines and create new interconnections, Ukraine is now capable of purchasing gas from a Western direction and, for the first time, since November 2015 has ceased buying gas contractually from Russia altogether. New pipeline infrastructure projects, namely the planned expansion of the Iaşi-Ungheni pipeline, as Lyndon Allin, Associate at Baker Mackenzie, pointed out at the same briefing, might enable Moldova in the medium-run as well to reduce its dependence on Russian gas that currently constitutes almost a 100% of its total gas consumption. Nevertheless, the effectiveness and profitability of these regional gas transit systems could be severely endangered once the transit of gas is diverted to other pipelines, potentially hampering the prospects of further gas infrastructure modernization, which is necessary for both countries to ensure their energy security. Moreover, as both ‘Stream projects’ would circumvent the region, Russian gas could become the only one that can be bought from the east as well as the west direction, strengthening Gazprom’s monopolistic market position in the region.  While political leaders on both sides of the Atlantic have been pushing recently for the introduction of U.S. LNG to the region to serve as a new ‘external solution’ to the above mentioned challenges, as Edward Chow, Senior Fellow at the Center for Strategic and International Studies (CSIS), noted at the briefing, the main challenge for post-Soviet Eastern European countries remains an internal one. While the level of energy infrastructure might already be close to sufficient, the biggest problem for post-Soviet countries remains the underdeveloped nature of their energy sectors that lack harmonized and stable regulations, consistently-applied property rights, and transparency. Additionally, as Dr. Mamuka Tsereteli, Senior Fellow of the Central Asia – Caucasus Institute pointed out, energy security could not be achieved without high-levels of cross-border market integration, even if physical infrastructures are in place. The underdeveloped nature of post-Soviet Eastern European countries’ energy sectors has been having a severe impact on the energy security of those states, in particular of Ukraine, which could be easily self-sufficient—even without the import of U.S. LNG—in natural gas if private investment was not being discouraged by the opaque, uncompetitive, and corrupt nature of its energy sector. Once the right regulatory environment is established, Ukraine, for instance, could possess an immense gas transmission and storage infrastructure that, if properly upgraded, as well as connected to the energy networks of Central European countries, could lead to the establishment of a highly liquid East Central European gas trading hub with a spot-based gas trade. This could create increased energy security in the entire region by improving both the level of competition and the diversification of supplies. While the West could offer the countries of post-Soviet Eastern Europe, Ukraine and Moldova in particular, alternative energy sources (e.g. U.S. LNG), these should and could not serve as a substitute for structural reforms and capacity-building, which are ultimately necessary to achieve true energy security in the region.

  • Journalists Persecuted 2017: Illustrative Cases

    By Jordan Warlick, Staff Associate Natasha Blaskovich, Intern Katya Kazmin, Intern With a section on the “improvement of working conditions for journalists”, the Helsinki Final Act explicitly recognizes the importance of journalists for democratic and open societies. Despite the signing of the agreement in 1975, the situation for journalists is still very grim in several countries in the region. The U.S. Helsinki Commission continues to monitor these conditions closely and remains concerned with: (a) murder, violence, and other egregious acts that harm the safety of journalists; (b) imprisonment of journalists for their work; (c) other restrictions that impede the work of journalists and a free press. The journalists featured below are representative of those persecuted so far this year. Afqan Muxtarli (Azerbaijan) – Muxtarli and his family fled to neighboring Georgia in 2015 after Muxtarli received threats related to corruption investigations into Azerbaijani President Ilham Aliyev and other officials. Following Muxtarli’s disappearance on May 29, 2017, Muxtarli’s lawyer told Radio Free Europe that the journalist was abducted in Tbilisi and handed over to Azerbaijani officers at the border. Muxtarli believes that these officers planted €10,000 on him and then promptly arrested him, in order to incriminate him for illegally crossing the border with a large sum of money and no passport. Amnesty International and other international human rights organizations have criticized the Azerbaijani government for its oppression of journalists and suppression of free speech. Georgia’s Interior Minister has stated that Georgia has launched an investigation into this allegedly unlawful imprisonment. Mehman Huseynov (Azerbaijan) – Huseynov, a well-known journalist and blogger in Azerbaijan, was sentenced to two years in prison on March 3, 2017 on defamation charges. Huseynov had been under a travel ban since 2012, and was reportedly harassed and intimidated by the police for years. In early January 2017, Huseynov was arrested in Baku, taken to the Nasimi police station where he was held incommunicado, and repeatedly beaten and abused. Although he filed a formal complaint with the prosecutor’s office and made his abuse public, Huseynov’s allegations were declared groundless and not investigated. Huseynov was accused of defamation by the Nasimi police chief, and was found guilty in May 2017. Halina Abakunchyk (Belarus) – Abakunchyk is a correspondent for Radio Free Europe/Radio Liberty (RFE/RL), a U.S.-government-funded service. She was detained overnight on March 12, 2017, accused of “participating in an unsanctioned rally,” and then fined approximately $300 for covering large nationwide protests in March over a tax on the unemployed. Abakunchyk was one of 32 journalists arrested and/or fined for similar offenses while covering the protests.   Zhanbolat Mamay (Kazakhstan) – Mamay is the editor of the Tribuna newspaper, one of the few independent papers in Kazakhstan to have survived a recent trend of pressure and harassment from the government. Arrested on February 10, 2017, Mamay stands accused of being an accomplice to money-laundering, along with opposition leader and former head of BTA Bank, Mukhtar Ablyazov, in 2009. Before his arrest, Mamay told RFE/RL that he felt he was being followed. Since his arrest, Mamay has complained of being beaten and extorted while in prison. There are concerns for the safety of Mamay and his family as well as the provision of a fair trial. The Committee to Protect Journalists and other organizations have called for his release. Nikolai Andrushchenko (Russia) – Andrushchenko was a Russian journalist known for reporting on issues provocative to the Russian regime, including corruption. When Andrushchenko was attacked by assailants in St. Petersburg on March 9, 2017, he was in the midst of investigating reports of corruption and human rights abuses, allegations including the involvement of local police. He was found unconscious several hours later and taken to a hospital where brain surgery was performed, leaving him in a coma. He died on April 19, 2017. Prior to the March 9 attack, Andrushchenko had been attacked at least two times in the last decade. In November 2016, assailants attacked him on his doorstep. He was also attacked in November 2007, weeks before he was jailed for two months on false charges of defamation and obstruction of justice. The police have not informed the newspaper which Andrushchenko co-founded, Novy Peterburg (New Petersburg), of any progress in the investigation. Dmitry Popkov (Russia) – Popkov, the chief editor of local independent newspaper Ton-M in Siberia, was found shot dead in his backyard in Minusinsk on May 24, 2017. Popkov was known for investigating alleged abuses of power and corruption. Ton-M’s motto, “We write what other people stay silent about,” made the newspaper – and Popkov himself – long-time targets. Shortly before his murder, Popkov had published reports regarding a federal parliamentary audit that revealed corruption in the local administration. An investigation has been launched by the regional branch of Russia’s Investigative Committee and Popkov’s journalism is being treated as a potential motive for the murder. Nur Ener (Turkey) – Ener, a journalist for the daily Yeni Asya, was detained by police after they raided her apartment in the middle of the night on March 3, 2017. Accused of being affiliated with the Fethullah Gülen network, Ener’s formal charges are unknown to her lawyer and she is allowed only 45 minutes of family visits a week and one hour with her lawyer. A former roommate of Ener, who was arrested after the July 2016 coup attempt, is said to have given Ener’s name to the police in the aftermath of the coup. Some of Ener’s critical reporting, including an interview where the guest criticized certain government policies, may have also been a reason for her arrest. According to the Committee to Project Journalists, Ener is one of over 80 journalists imprisoned in Turkey – the largest jailer of journalists in the world. Oguz Guven (Turkey) ­­– Guven is the website editor-in-chief of Cumhuriyet daily. He was detained on May 12, 2017 for spreading terrorist propaganda, a popular charge against journalists in Turkey. The arrest allegedly was prompted by the newspaper’s tweet about the death of Mustafa Alper, a senior Turkish prosecutor involved in prosecuting suspects in the July 2016 coup attempt. Cumhuriyet has come under extreme pressure from the Turkish government, with 17 journalists and board members standing trial on July 24. Guven and his colleagues could face prison sentences as long as 43 years. Stanyslav Aseyev (Ukraine) – Aseyev, a freelance journalist who contributed to Radio Free Europe/Radio Liberty under the name Stanyslav Vasin, has been missing from Donetsk since June 3, 2017.  On July 16, Yehor Firsov, a former Ukrainian lawmaker and close friend of Aseyev, said he received information through unofficial sources that the journalist was detained by pro-Russian separatists. Aseyev allegedly faces charges of espionage by the self-proclaimed Donetsk People’s Republic (DNR), who have threatened him with up to 14 years’ imprisonment. Other journalists highlighted in Political Prisoners in Russia: Mykola Semena (Ukraine) – Semena, a Crimean journalist, has been charged under Article 280.1 of Russia’s criminal code, which penalizes "public calls for actions violating the territorial integrity of the Russian Federation." The law was added to the Russian criminal code in December 2013, and came into force in May 2014 - several weeks after Crimea was annexed by Russia. Semena was one of the only independent journalists to remain on the peninsula following Russia’s March 2014 annexation of Crimea. He contributed reporting to RFE/RL’s Ukrainian Service and its Crimea Desk. On April 19, 2016, after Russian police searched Semena’s home and confiscated computers and storage media, the de facto Crimean prosecutor-general ordered Semena to remain on the peninsula while he was investigated for alleged “calls to undermine Russia’s territorial integrity via the mass media.” Semena has been forced to stay in Crimea ever since, despite his requests to travel to Kyiv for urgently needed medical care. Semena’s trial has been adjourned and delayed several times this year. If he is found guilty, he could face five years in prison. Roman Sushchenko (Ukraine) – Sushchenko, a Ukrainian journalist, is charged under article 276 of Russia’s criminal code (espionage). He has worked as a Paris-based correspondent for Ukraine’s state news agency, Ukrinform, since 2010. He was detained at a Moscow airport on September 30, 2016, upon his arrival from Paris on private business. He was accused of collecting classified information on the activities of Russia’s armed forces and the National Guard. Mr. Sushchenko denies any involvement in espionage. His employer, Ukrinform, also considers the accusations false and called his detention a “planned provocation.” Mr. Sushchenko’s attorney is Mark Feygin, who previously represented Pussy Riot and Nadezhda Savchenko. Sushchenko’s pre-trial detention has been extended several times by the Lefortovsky District Court of Moscow since his arrest, and is currently set until September 30, 2017. Photos Cited: Afqan Muxtarli: Facebook Mehman Huseynov: Facebook Halina Abakunchyk: RFE/RL Zhanbolat Mamay: RFE/RL Nikolai Andrushchenko: RFE/RL Dmitry Popkov: TON-M Nur Ener: Platform for Independent Journalism (P24) Oguz Guven: Twitter Stanyslav Aseyev: RFE/RL

  • Human Smuggling and Human Trafficking: A Distinction that Makes a Difference

    Headlines in the United States last week were filled with the horrific tragedy in San Antonio, Texas, where at 10 lives were lost and 20 others hospitalized with heat stroke after dozens of migrants were trapped inside the stifling trailer of a truck.  More would have died on their road to a new life if someone from the truck had not bravely sought water from Walmart employees. Newspapers and some officials across the country were quick to headline the tragedy as a “human trafficking crime”—but soon corrected “trafficking” to “smuggling.”  Why?  Smuggling and trafficking are different crimes requiring different responses.  (There are not yet enough facts available in this case to determine if any of the migrants also were victims of trafficking.)  Confusing the terms does the vast majority of trafficking victims no favors, and in fact makes it more likely that trafficking victims in need of rescue will be overlooked. Smuggling vs. Trafficking The defining characteristic of human smuggling is transportation and is generally defined by the Department of Homeland Security as “importation of people into the United States involving deliberate evasion of immigration laws,” including moving irregular migrants across national borders as well as “unlawful  transportation and harboring” of irregular migrants already in the United States. By contrast, while transportation does occur in many human trafficking cases, human trafficking does not require movement.  The defining characteristic of human trafficking centers on commercial exploitation akin to slavery.  Specifically, human trafficking is defined in U.S. law as: Sex trafficking in which a commercial sex act is induced by force, fraud or coercion, or in which the person induced to perform such act has not attained 18 years of age; or Recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery. The Palermo Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, which has been ratified by all of the Participating States of the Organization for Security and Cooperation in Europe (OSCE), echoes the “exploitation” focus above, specifically stating that “Trafficking in Persons” means the following: [T]he recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs[.] Irregular migrants are particularly vulnerable due to their undocumented status, and may suffer human trafficking en route to or after arrival in the destination country.  Some smuggling networks overlap with trafficking networks or deliver irregular migrants to traffickers.  Migrants who voluntarily enter a country outside regular channels are sometimes saddled with huge “debts” by the smugglers, who then force them into debt bondage—a form of human trafficking.  As the Special Representative on Human Trafficking Issues to the OSCE Parliamentary Assembly, Rep. Chris Smith, noted in his recent report to the annual session, the overlap of smuggling and trafficking networks in OSCE region is particularly notable among migrants originating in African countries.  He noted that the International Organization for Migration reported last year that 80% of arrivals from Nigeria may have been victims of sex trafficking, forced labor, and/or trafficking for the purpose of organ removal.  Gambians, Ghanaians, Guineans, and Ivorians—especially the youth—also had strong indicators of human trafficking.  Identification and Protection of Trafficking Victims The difficulty for border guards and law enforcement is discerning who among irregular migrants actually needs rescue from a trafficker and access to rehabilitative services. The United States and many other OSCE participating states conduct special anti-trafficking training for border guards.  Given the current influx of migrants into the OSCE region and resulting expansion of law enforcement contacts with irregular migrants, the Special Representative and Co-ordinator to Combat Trafficking in Human Beings for the OSCE, Amb. Medina Jarbussynova, has initiated and implemented a special Extra Budgetary Project to train law enforcement who come in contact with irregular migrants how to identify trafficking victims.  In the United States, a foreign national who is likely a victim of human trafficking is offered the same level of care and services that is offered to refugees.  Likely victims are also offered temporary legal status and the opportunity to apply for a T non-immigrant visa. The number of these visas, as well as the funding for assistance is limited—underscoring the need to identify among irregular migrant populations which individuals are in need of special services.  However, the vast majority of trafficking victims found in the United States are not irregular migrants, or otherwise foreign nationals.  In 2016, the United States identified nearly 800 foreign nationals in need of special assistance due to suspected trafficking in the United States.  This is in contrast to the 3,732 U.S. citizens and Legal Permanent Residents who received special services as trafficking victims. The disparity in numbers may be because it is more difficult to find foreign national victims.  However, it is more likely due to the persistent truth that trafficking victims are just as likely, if not more likely, to be citizens, or otherwise legally present, in the country in which they live. At the beginning of the anti-trafficking movement about 20 years ago, advocates and law enforcement were looking for enslaved irregular migrants.  It gradually became apparent that the trafficking suffered by foreign nationals was also happening to citizens, it was just called something different, like “child prostitution” or a “labor violation.”  Law enforcement began to see, and respond appropriately, to domestic human trafficking. Anti-trafficking advocates still struggle to educate policy makers, police, prosecutors, judges, social welfare agencies, and communities to recognize human trafficking in all its forms. The manifestations of exploitation are many and constantly changing; it can look like a child begging on a corner, a woman unable to leave the home where she is a domestic servant, a young girl forced to participate in the making of pornography, a foster kid engaged in survival sex on the street, the busboy at a restaurant, a woman working in a nail salon, a door to door salesman, a legal visa holder advertised as an escort online—or an irregular migrant smuggled not to freedom but into trafficking. Focusing primarily on exploitation rather than origin or movement as the core feature of human trafficking will ensure that the United States and OSCE Participating States continue to correctly identify and help more trafficking victims become survivors every year. 

  • 2017 OSCE Gender Equality Review Conference

    By Janice Helwig, Representative of the Helsinki Commission to the U.S. Mission to the OSCE The OSCE held its second Gender Equality Review Conference in Vienna on June 12-13, 2017. The meeting was not a traditional review conference;  it did not systematically evaluate how OSCE participating States are doing in implementing their commitments, but rather offered a framework for an exchange of information and best practices among governments, international organizations, and NGOs. Austrian Federal Minister for Families and Youth Sophie Karmasin opened the conference, followed by a video address from the Prime Minister of Canada, Justin Trudeau. The conference was also addressed by the Special Representative of the OSCE Chairmanship-in-Office on Gender Issues Ambassador Melanne Verveer. The conference was held in a non-traditional format for the OSCE, which usually holds meetings with government delegates speaking from behind their country’s nameplate. It comprised concurrent panel discussions viewed by an audience, followed by a question and answer session. Panelists came from governments, the OSCE Institutions and field missions, the OSCE Parliamentary Assembly, the European Union, the United Nations, and civil society. Panelists discussed women’s participation in the security sector; women’s participation in political and public life; equal economic opportunities for women; combating violence against women; strengthening institutional mechanisms; and emerging issues and ways forward. Issues raised included the disproportionately low number of women in political decision-making positions or in military, security, and conflict management roles; the pay gap between women and men for similar work; discrimination and harassment, including of minority women; and the vulnerability of women and girls to trafficking and sexual abuse.   Recommendations for areas that need more attention included improving access to and the quality of education for girls; alleviating poverty and other situations that make girls more vulnerable to trafficking and sexual exploitation; doing more to better prevent violence against women; promoting women’s participation in conflict management, mediation, and peace processes; closing the pay gap; focusing on the role of women in perpetrating or countering violent extremism and terrorism; and the need to gather more sex-disaggregated data and research to develop the most effective programs to address these issues. Several speakers also discussed OSCE efforts to promote equal opportunities for women inside the Organization, as well as to incorporate a gender perspective in its work. They noted that the OSCE has established a network of Gender Focal Points throughout all OSCE structures; raised the percentage of women working in the Organization from 35 percent in 2004 to 49 percent today; increased gender components in OSCE projects; and stepped up assistance to participating States in implementing their gender-related commitments. They recommended that the OSCE strive to increase the number of women appointed to senior level positions, provide more coaching on gender issues for OSCE management, develop a mechanism to more systematically incorporate a gender perspective in all OSCE projects and activities, ensure no all-male panels at OSCE events, and update the 2004 Action Plan for the Promotion of Gender Equality.

  • The 2017 OSCE Asian Partners Conference

    By Janice Helwig, Policy Advisor and Representative of the Helsinki Commission to the USOSCE From June 19 to June 20, 2017, approximately 150 representatives of governments, academia, and international organizations from 41 OSCE participating States and seven Partners for Cooperation gathered in Berlin for the annual OSCE Asian Partners. The venue of the annual conference rotates among the five OSCE Asian Partners for Cooperation; however, as this year’s chair of the Asian Partners Contact Group, Germany hosted rather than Afghanistan. The conference, with a theme of “Common Challenges and Common Opportunities,” opened with a high-level session in which participants discussed security challenges in the OSCE and Asian regions. H.E. Adela Raz, Afghanistan’s Deputy Foreign Minister for Economic Cooperation, described the growing complexities of combating terrorism, including an increase in foreign terrorist fighters, links between international organized crime and terrorist financing, and the vulnerability to recruitment of unemployed and marginalized youth. The session also focused on threats stemming from North Korea’s nuclear and missile testing programs, territorial disputes in the South China Sea, and cybercrime. A second session focused on connectivity and regional economic cooperation, particularly between Afghanistan and the countries of the Central Asian region. Participants discussed various initiatives to foster trade along the historic Silk Road, including building roads, railways, and modernized ports, as well as developing digital and financial connectivity. The third session looked at three specific United Nations Sustainable Development Goals –, goal 4 on ensuring inclusive and quality education for all, goal 5 on achieving gender equality, and goal 16 on promoting peaceful and inclusive societies – and opportunities for the OSCE to support them. Common priorities discussed included increasing access to and funding for quality education, combating violence against women, and promoting human rights and the rule of law. A side event organized by the OSCE focused on a project to increase women’s participation in water management and promote confidence-building between Afghanistan and Central Asia. Women play a major role in household use of water in the rural areas of the region, but often have little say in decisions concerning water management. The OSCE project  fosters the development of a regional network of female water professionals from state agencies, NGOs, research institutes, and water users associations and providing capacity building in negotiation and mediation skills.

  • Helsinki Commission Staff Meet with Special Envoys on Holocaust Issues

    By Erika Schlager, Counsel for International Law Thomas Yazdgerdi, Special Envoy for Holocaust Issues at the State Department, and The Rt Hon Sir Eric Pickles, the UK's Special Envoy for post-Holocaust Issues and Anti-Corruption Champion, met with staff of the U.S. Helsinki Commission on July 14, 2017, to discuss Holocaust-related issues. Sir Eric Pickles was appointed Special Envoy for Post-Holocaust issues in September 2015. He works closely with Holocaust survivors, scholars, educational and other civil society organizations in the UK.  The State Department’s Office of the Special Envoy for Holocaust Issues develops and implements U.S. policy with respect to the return of Holocaust-era assets to their rightful owners, compensation for wrongs committed during the Holocaust, and Holocaust remembrance. The meeting touched on issues related to the needs of elderly Holocaust survivors.  The Special Envoys praised the adoption of a bill in Serbia last year that provides compensation to Serbian Holocaust survivors both in Serbia and abroad. The compensation is derived from property rendered heirless as a result of the Holocaust. Although, generally speaking, states claim property that is without heirs, the specific circumstance of genocide makes that general rule unsupportable. The 2009 Terezin Declaration on Holocaust Era Assets and Related Issues, adopted at the conclusion of a 46-nation meeting, noted that “in some states heirless property could serve as a basis for addressing the material necessities of needy Holocaust (Shoah) survivors and to ensure ongoing education about the Holocaust (Shoah), its causes and consequences.” They also addressed issues regarding Croatia, the Czech Republic, Hungary, Latvia, Poland, and elsewhere. Poland remains the only country in central Europe that has not adopted a general private property compensation or restitution law. Special Envoys Yazdgerdi and Pickles discussed their work within the 31-nation International Holocaust Remembrance Alliance, including the breakthrough adoption in April of last year of a working definition of anti-Semitism, and the OSCE’s engagement in this area.  Germany, in its 2016 capacity as OSCE Chair-in-Office, committed funds for a multiyear project called “Turning Words Into Action” which seeks to improve implementation of the OSCE’s significant body of existing commitments regarding combating anti-Semitism and discrimination. Finally, participants in the meeting exchanged views on prospects for removing the pig farm from the Lety concentration camp site in the Czech Republic. The pig farm has been the target of criticism and is seen by some as a desecration of a sensitive site of remembrance. At the 2016 OSCE Human Dimension implementation Meeting, Czech government officials discussed efforts to remove the pig farm. The Helsinki Commission played an instrumental role in securing the agreement of the Czech government to share a complete microfilm copy of the Lety concentration camp archives with the U.S. Holocaust Memorial Museum. Although there were other World War II concentration camps established specifically for Roma, the only known complete surviving archives are from Lety. More Information Roundtable on Fighting Anti-Semitism Looks at Turning Words into Action

  • Addressing Anti-Semitism through Intersectional Advocacy

    By Dr. Mischa Thompson, Policy Advisor “[There were so many victims of the Holocaust] but we engage in competitive victimhood, where we take the oppressor’s view of a victim’s worth.” – Words into Action participant Misko Stanisic, Terraforming From June 21 to June 23, 2017, the Organization for Security and Cooperation in Europe Office for Democratic Institutions and Human Rights (OSCE/ODIHR) hosted the second in a series of workshops focused on addressing anti-Semitism.  The workshop, titled “Gender and Intersectional Activism: Coalition-Building for a More Tolerant Society,” provided a forum for 50 civil society leaders to discuss their efforts to address prejudice and discrimination across the 57 European and North American countries of the OSCE.  The forum was part of the OSCE/ODIHR’s “Turning Words into Action to Address Anti-Semitism” (WiA) project, which increases the capacity of countries and civil society to prevent and respond to anti-Semitism through security, education, and coalition-building measures.  According to Cristina Finch, Head of the ODIHR Tolerance and Discrimination Department, the forum will also assist with “creation of a coalition-building manual that ODIHR will publish to assist civil society in these efforts.”  Noting the problem of “underreporting,” the forum educated participants about OSCE/ODIHR efforts to collect hate crimes statistics, and highlighted methods by which civil society could work with local law enforcement and the OSCE/ODIHR to report hate crimes.  At the forum, OSCE/ODIHR shared recent findings that indicate that while Jewish men are more likely to be victims of anti-Semitic speech or physical violence, Jewish women fear anti-Semitic attacks more.  This suggests gender may play an important role in addressing anti-Semitism, prompting the need for more gender-rich and intersectional prevention efforts. For instance, Misko Stanisic of Terraforming, an organization focused on Holocaust and human rights education, noted that thousands of women participated in crimes of the Holocaust, but that gender stereotypes resulted in women often not being viewed as perpetrators, resulting in “female perpetrators [being] seldom investigated for their crimes and rarely prosecuted during the post-war trials.” He also described how socially constructed perceptions of gender, race, and other identities not only impacted who is – and who is not – included in text books and other educational tools on the Holocaust, but also how this has impacted efforts to address anti-Semitism.  “[There were so many victims of the Holocaust] but we engage in competitive victimhood, where we take the oppressor’s view of a victim’s worth,” he said. Other participants highlighted the forum’s relevance to American scholar Kimberle Crenshaw’s intersectionality theory, which details how hierarchal systems of gender and race resulted in African-American women often being excluded from the mainstream feminist movement in the United States.  In particular, participants discussed how efforts to address anti-Semitism and other forms of prejudice and discrimination have been stymied by approaches that have reinforced gender and other hierarchical power structures preventing men and women within communities from effectively working together.  Invoking American luminary James Baldwin, Finnish journalist Maryan Abdulkarim stated, “No one is free until we are all free.” She stressed the need for more inclusive efforts that move away from a focus on differences that separate the “majority” and “minorities,” and to restore humanity by challenging harmful societal constructs and working across communities, including with the “majority” to address problems. While the forum explored the importance of inclusive approaches to addressing anti-Semitism and other forms of intolerance, some participants warned that intersectionality could become an ineffective trend if care is not taken in its implementation.  Specifically, the differences between academic discussions and practice were raised.  In particular, participants cited the need for clear laws, processes, and procedures that protect all, as well as equal access to justice.   For example, laws and policies should be understandable to police, judges, and ordinary citizens, and straightforward to implement.  Researchers, funders, and advocates should be particularly mindful as to whether their efforts advance equality, or simply check a box. The art and commentary of speaker Dan Perjovschi underscored and offered insight into the societal challenges forum participants faced in efforts to address anti-Semitism, gender and other inequities in countering prejudice and discrimination at large, and the need for their continued efforts. More Information Roundtable on Fighting Anti-Semitism Looks at Turning Words into Action OSCE/ODIHR Turning Words into Action Project

  • Helsinki Commission Staff Meet with OSCE Election Experts

    By Erika Schlager, Counsel for International Law On July 11, Helsinki Commission staff met with Dame Audrey Glover, head of the OSCE election observation mission during the 2016 U.S. elections. Other members of the OSCE team included Mr. Jan Haukass (Vienna Representative of the Office for Democratic Institutions and Human Rights, or ODIHR), Dr. Richard Lappin (ODIHR-Warsaw), and Mr. Radivoje Grujic (ODIHR-Warsaw).  The meeting was part of OSCE’s standard consultations following the deployment of an election observation mission.  The election team also held meetings in Washington with Members of Congress and the Department of State. OSCE election observation is based on the 1990 Copenhagen Document in which the participating States agreed that “the will of the people, freely and fairly expressed through periodic and genuine elections, is the basis of the authority and legitimacy of all government.” The commitment fosters universal suffrage, equality, fairness, freedom, transparency, accountability, and secrecy of the ballot. The original proposal for a commitment to hold free and fair elections came from the Helsinki Commission in 1989 but, at that time, was unacceptable to communist countries. In 1990, as communist regimes began to fall, agreement on the new commitment was adopted and signaled the rejection of the one-party systems that had previously dominated Eastern Europe. However, implementation of this commitment continues to be restricted in some countries where civil society is limited or faces repression. OSCE election observation in the region represents the “gold standard” in international election observation. In some instances, when even the fundamental conditions for free and fair elections are lacking, the OSCE may decline to observe elections rather than give them a degree of legitimacy that is unwarranted. In 2015, restrictions imposed by the government of Azerbaijan compelled the OSCE to cancel a planned election observation mission. Some countries, such as Russia, have sought to undermine OSCE election observation by promoting observation through the Commonwealth of Independent States (CIS), a post-Soviet grouping that includes Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan and Ukraine.  CIS election observers consistently praise elections that are considered to be significantly flawed by independent observers, particularly the OSCE.  Helsinki Commissioners and staff have participated in well over 100 election observation missions since 1990 – the vast majority of them as members of the OSCE Parliamentary Assembly contingent that is part of the larger OSCE-led international observation missions. The Commission continues to support OSCE observation efforts, focusing on countries where resistance to democratic change remains the strongest.  The Commission has also actively supported the right of domestic election observers to monitor the elections in their own countries. Learn more about OSCE election observation.

  • Social Media Day 2017

    First celebrated in 2010, Social Media Day recognizes the enormous impact social media has had on global communication. Many OSCE institutions, field missions, and related entities maintain a robust presence on social media, allowing them to share news, facilitate dialogue, and promote democracy, the rule of law, and human rights throughout the 57 participating States of the OSCE. Commission on Security and Cooperation in Europe (U.S. Helsinki Commission)  Twitter Facebook YouTube Flickr LinkedIn U.S. Mission to the OSCE Twitter Facebook YouTube OSCE Parliamentary Assembly Twitter Facebook YouTube Flickr Instagram OSCE Secretariat  Twitter Facebook YouTube Instagram LinkedIn SoundCloud OSCE High Commissioner on National Minorities  Twitter OSCE Office for Democratic Institutions and Human Rights Twitter Facebook LinkedIn OSCE Representative on Freedom of the Media Twitter Facebook YouTube Flickr OSCE Presence in Albania  Twitter Facebook OSCE Mission to Bosnia and Herzegovina Twitter Facebook YouTube Google+ SoundCloud OSCE Mission in Kosovo Twitter Facebook YouTube OSCE Mission to Serbia Twitter Facebook OSCE Mission to Skopje Twitter Facebook OSCE Mission to Moldova Facebook OSCE Project Co-ordinator in Ukraine Facebook OSCE Special Monitoring Mission to Ukraine Twitter Facebook OSCE Office in Tajikistan Facebook

  • #MovetheCouch: Transatlantic Leaders Convene in Brussels

    By Dr. Mischa Thompson, Policy Advisor “If we cannot be entrusted as leaders to do the small things, why should the public trust us to do the big ones, including governing international relations?” –Svante Myrick Mayor of Ithaca, New York TILN 2016 From March 20-26, 2017, the U.S. Helsinki Commission, in partnership with the German Marshall Fund of the United States (GMF), the U.S. State Department, and other stakeholders, hosted the sixth annual Transatlantic Inclusion Leaders Network (TILN) workshop in Brussels, Belgium.     Twenty-five young leaders representing more than fourteen European countries and the United States came together to learn from one another, expand their leadership skills, and offer a more inclusive vision for the world. As participants in the Brussels Forum Young Professionals Summit, TILN participants engaged with senior U.S. and European public and private sector leaders on the most pressing issues impacting the transatlantic relationship today, ranging from U.S. elections and the international workforce to Russia and counterterrorism. Several TILN participants also visited a high school in Brussels, exploring opportunities for international exchange and collaboration between administrators, educators, and students related to the educational needs of increasingly diverse student bodies and the future workforce on both sides of the Atlantic. Ithaca Mayor Svante Myrick closed Brussels Forum with powerful cautionary comments to all leaders. “While here in Brussels thinking about global problems, I received an email from a constituent who has been annoyed by an abandoned couch for days. It might seem like a small issue, but I'm going to make sure I move that couch,” he stated.  “I had to move it because, if we cannot be entrusted as leaders to do the small things, why should the public trust us to do the big ones, including governing international relations?” Sharing the vision for a more inclusive world, in the week following the workshop, TILN alumni from previous years led GMF-funded alumni leadership action projects in the Netherlands, Finland, Italy, and during the European Union’s Roma Week.  For more information on this year's Brussels workshop, please see the Transatlantic Inclusion Leaders Network 2017 Workshop Report. The Transatlantic Inclusion Leaders Network (TILN) “inspires, informs, and connects diverse young leaders to excel in elected office and other leadership roles, advance inclusive policies, and engage with senior transatlantic policymakers.” Participants are from diverse U.S. and European communities, including the Balkans, with a proven commitment to advancing diversity and inclusion best practices in their policymaking and society.  For more information on TILN, please see the Transatlantic Inclusion Leaders Network 2017 Workshop Report.   TILN 2016 Participants Umut Aydin | France | Analyst, Meridiam Delio Diaz Garcia | Spain | Secretary General, Juventudes de Unidad Progresista Nebojša Dobrijević | Croatia | Independent Advisor, Joint Council of Municipalities Judith Garcia | United States | City Councillor, Chelsea, Massachusetts Diana Horvat | Serbia | Editor, Radio Televison of Vojvodina Maryam Jamshid | Belgium | Social Council Elected Member, City of Hasselt, Flanders Paulette Jordan | United States | State Representative, Idaho Natascha Kabir | Germany | Green Party Faction Leader, City Parliament of Offenbach Aroosa Khan | Netherlands | Board Member, PvdA Party, Amsterdam-East Edin Koljenović | Montenegro | Program Coordinator, Civic Alliance Oleksii Krasnoshchokov | Ukraine | Board President, Pidmoga.info Hayatte Maazouza | France | Municipal Council Member, Trappes Sammy Mahdi | Belgium | President, Work Group on Diversity, Youth, CD&V Party Martin Mata | Czech Republic | City Council Member, Usti nad Labem Svante L. Myrick | United States | Mayor, City of Ithaca, New York Frances O'Donovan | Denmark | City Council Member, Fredericia Anna Poisner | Ukraine | Counsel, Dragon Capital Aida Salketić | Bosnia and Herzegovina | Cultural Heritage Professional Athena Salman | United States | State Representative, Arizona Brandon Scott | United States | City Council Member, Baltimore, Maryland Karen Taylor | Germany | Advisor to of Member of Parliament Dr. Karamba Diaby David Walsh | United Kingdom | International Relations Officer, Board of Deputies of British Jews John Vargas | United States | Secretary, NALEO Alex Yip | United Kingdom | City Councillor for Sutton New Hall, Birmingham City

  • Using Technology to Protect Children from Online Exploitation

    Helsinki Commission Co-Chairman Rep. Chris Smith, the Special Representative for Human Trafficking to the President of the OSCE Parliamentary Assembly, has registered a supplementary item for this year’s Annual Session in Minsk, Belarus, titled, “Preventing Child Sexual Exploitation Online through Advances in Technology.”  Smith’s supplementary item examines the ways protections for children have lagged behind technology, leaving children vulnerable. “Impressionable children in most of the OSCE region have unrestricted access on any web-capable device to every conceivable form of pornography—even the most violent and vile acts—and that exposure has measurable impact on their vulnerability to sexual exploitation,” Smith said. “Tragically, we are seeing children targeted and further victimized as they are exposed to pornographic websites,” said Smith. Studies Show Correlation between Youth Access to Pornography, Sexual Exploitation Similar to earlier studies, a 2016 study in the Journal of Interpersonal Violence (Stanley et. al) of 4,564 young people aged 14 to 17 found in boys a statistically significant correlation between viewing online pornography and committing sexual coercion and abuse.   Importantly, this study was conducted in five OSCE participating States. A definitive study in the European Journal of Developmental Psychology (Bonino, et. al, 2006) found that adolescent girls who report viewing pornography are more likely to report being victims of sexual harassment or forced sex at the hands of male friends or acquaintances. “We are kidding ourselves if we think unrestricted access to pornography online is not harming our children,” said Smith. “We are allowing them to be actively and passively groomed for trafficking,” said Smith, referring to how child sex abusers are known to lower the defenses of children and condition children to accept sexual abuse as normal by showing children pornography. Age Verification The United Kingdom recently joined Germany, Finland, and Iceland in recognizing that unrestricted access of children to online pornography is a public health concern.  In April of this year, the UK’s Digital Economy Act of 2017 became law, empowering an “age verification-regulator,” most likely the British Board of Film Classification (BBFC), to create guidelines on age verification walls for all pornographic websites viewed from within the UK.  The age-verification regulator will be able to fine websites that violate the new guidelines.  Ultimately, IP addresses in the UK for non-compliant websites could be shut down.  The new UK law is in addition to the country’s current requirement that cell phone companies filter content unless the cell phone owner is 18 or older. “All UK mobile operators run content filtering and age verification on their networks, based on the BBFC guidelines,” said Ernie Allen, who led the Center for Missing and Exploited Children in the United States and International Center for Missing and Exploited Children for more than 25 years. “If a customer tries to access an 18+ site and has not age verified, he or she receives a notice on the site that they may not access it until they have age verified,” Allen said.  Verification may be accomplished by visiting the cell phone store and showing identification, or logging into a designated website and using a credit card.  Cardholders must be 18 or older to have a credit card in the UK.  To make sure the card is not “borrowed” from a parent, one pound may be deducted to give notice to the credit card owner that their card has been used for age verification.   The data repository already created by the UK cell phone requirements could be used to inform age verification for pornographic websites.  In addition, the data repository created by the UK’s Gambling Act of 2005, which imposed age restrictions for online gambling, could also be used to verify age.  Visitors to pornographic websites could enter their gambling account number, which would then be authenticated by the website.   The pornography industry has recently come out with its own age verifying system, AgeID.  After an account is created on AgeID, the account number would be sufficient for age verification. Other companies are offering biometric options, using apps to verify that a passport showing the appropriate age belongs to the person offering the passport as verification. “We now have the technology to protect children online,” said Allen.  “A few data points sent to a third party can effectively verify age without necessarily disclosing identity.” The pending supplementary item received sponsorship from 54 parliamentarians representing 26 countries.  President of the OSCE Parliamentary Assembly, Christine Muttonen, has offered her support. Since raising this issue at the St. Petersburg Annual Session in 1999, Rep. Smith has introduced or cosponsored a supplementary item or amendments on trafficking at every annual session of the OSCE PA, including on issues such as prevention of sex tourism, situational awareness for the detection of trafficking victims in transit, and corporate responsibility for trafficking in supply chains.

  • 2017 Trafficking in Persons Report – the OSCE Region

    Human trafficking remains a pressing human rights violation around the world with the International Labor Organization estimating that nearly 21 million people are enslaved at any given time, most of them women and children. As part of U.S. efforts to combat human trafficking, the U.S. Department of State today released the 2017 Trafficking in Persons Report (TIP Report), reflecting the efforts of 187 countries and territories to prosecute traffickers, prevent trafficking, and to identify and assist victims, as described by the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. Trafficking Victim Identification and Care: Regional Perspectives According to the new TIP Report, in the 2016 reporting year, countries in the OSCE region identified 304 more trafficking victims than in the previous year, for a total of 11,416 victims.  This increase is particularly notable when compared to the East Asia and Pacific, Near East, South and Central Asia, and Western Hemisphere regions, where victim identification declined, but still maintained a generally upward trend over 2014.  Trafficking victim identification and care is critical for proper management of refugee and migrant flows.  In order to help law enforcement and border guards identify trafficking victims among the nearly 400,000 migrants and refugees entering the region last year, the OSCE Office to Monitor and Combat Trafficking in Human Beings launched a new project to conduct multiple trainings, including simulation exercises, through 2018.  The first training in November 2016 included participants from 30 OSCE participating States. Victim identification and care are also critical for successful prosecutions.  Nearly every region of the world saw a drop in prosecutions of human traffickers, but an increase in convictions in the 2016 reporting year.  This trend may reflect a growing knowledge among prosecutors of how to successfully investigate and prosecute a trafficking case.  It also may reflect an overall increase in trafficking victims who have been identified, permitted to remain in-country, and cared for such that the victims—now survivors—are ready, willing, and able to testify against their traffickers.  Despite the dramatic decline in prosecutions (46 percent) in the OSCE region, convictions held steady at nearly the same numbers as the previous year. Individual Country Narratives Along with regional statistics, the TIP Report also provides individual country narratives, recommendations for the most urgent changes needed to eliminate human trafficking, and an assessment of whether the country is making significant efforts to meet the minimum standards for the elimination of human trafficking. Tier 1 countries meet the minimum standards for the elimination of human trafficking. Tier 2 countries do not yet meet the standards, but are making significant efforts to do so.  Tier 2 Watch List countries do not meet the minimum standards and are making significant efforts to do so, but have a very large or increasing number of trafficking victims, have failed to demonstrate increasing efforts over the previous year, or lack a solid plan to take additional steps in the coming year. Tier 3 countries do not meet the minimum standards and are not making significant efforts to do so. Twenty-five OSCE participating States qualified for Tier 1 in the TIP Report.  Nineteen participating States qualified for Tier 2, including Ukraine, which was upgraded this year after four years on the Tier 2 Watch List.  Five participating States were designated for the Tier 2 Watch List, including Hungary, Moldova, Montenegro, Serbia, and Bulgaria.* Four participating States were on Tier 3, including Belarus, Russia, Turkmenistan, and Uzbekistan.  States on Tier 3 may be subject to sanctions. Legislation authored by Helsinki Commission Co-Chairman Rep. Chris Smith—who also serves as the Special Representative for Human Trafficking Issues to the Organization for Security and Cooperation in Europe Parliamentary Assembly – requires the TIP Report to be produced every year.  In recent years the report has also included an assessment of the United States.   Since the inception of the report, more than 100 countries have written or amended their trafficking laws, with some nations openly crediting the report for inspiring progress in their countries’ fight against human trafficking. * OSCE participating States Andorra, Monaco, Lichtenstein, and San Marino are not included in the TIP Report.

  • World Refugee Day 2017

    By Nathaniel Hurd, Policy Advisor There are more forcibly displaced people in the world today than at any other time in human history. Fleeing their homes because of persecution or violent conflict, refugees sometimes have to leave so suddenly that they are only able to bring the clothes they are wearing and few or no possessions. Many refugees get separated for months or even years from their family and friends and are vulnerable to human smugglers and human traffickers.  The UN High Commission for Refugees (UNHCR) estimates that a refugee spends an average of 17 years uprooted from their homes. The scale of the number of refugees worldwide, and even in the OSCE region and that of its partners, is almost beyond imagination. Refugees or IDPs? Refugees are those who have been forced to flee their country and enter another in search of safety. According to UNHCR, by the end of 2016 there were more than 22.5 million refugees worldwide. Nearly two-thirds of refugees come from just four countries: Syria, Afghanistan, South Sudan, and Somalia. Less well-known than refugees, and greater in number, are internally displaced persons. Like refugees, they have had to flee their homes. Unlike refugees, they still reside in their home countries and have not crossed a border into another country. UNHCR estimates that there are almost twice as many IDPs (more than 40.3 million) as refugees worldwide. There is no binding treaty for IDPs and so countries lack the legal obligations—and IDPs lack the full range of legal protections—accorded to refugees. IDPs are often also harder to reach with humanitarian aid, sometimes because their own governments played a role in their displacement and are obstructing access, and sometimes because the conflict itself makes access difficult or impossible. Refugees and IDPs in the OSCE Region The 57 participating States of the OSCE region host more than 5.5 million refugees, including almost three million Syrians who escaped to Turkey. In addition, there are more than one million refugees in OSCE Mediterranean Partner countries, which include Algeria, Egypt, Israel, Jordan, Morocco, and Tunisia. Jordan hosts more than 660,000 Syrian refugees while Egypt hosts more than 122,000 Syrian refugees. Asian Partners for Co-operation, which include Afghanistan, Australia, Japan, the Republic of Korea, and Thailand, host more than 212,000 refugees while more than 2.4 million Afghans are refugees themselves. Mediterranean Drivers of the European Refugee Crisis Conflict and other factors outside the OSCE region have driven the broader European refugee crisis, the largest on the continent since World War II. In 2015, more than one million refugees and migrants crossed the Mediterranean Sea into Europe, and between 3,700 and 4,000 of them—including many children—died or went missing en route. Syrian and Iraqi refugees have been among the large groups among these arrivals. At an October 2015 hearing of the Helsinki Commission, the Regional Representative of the UN High Commission for Refugees testified that shortfalls in funding for responses to the Syrian humanitarian crisis forced reductions in assistance in the region, like a 30 percent cut in food rations from the World Food Program, and was a major trigger in Syrian refugees going to Europe. In 2016, the number of refugee and migrants crossing into the region decreased to around 362,000 and the number who died during the journey increased to more than 5,000. So far in 2017, more than 75,000 refugees and migrants have reached European shores via the same route. More than 1,800 have died or gone missing before making landfall. Almost all of the one million Mediterranean Sea arrivals in 2015 first arrived in Greece (84 percent) or Italy (15 percent). In 2016, Italy received just over 50 percent of the arrivals and Greece just less than half. Of the arrivals this year, Italy has received more than 65,000 (87 per cent) and Greece more than 8,000 (11 percent). Ukraine One major, ongoing refugee and IDP crisis originated in the OSCE region itself. Russia’s ongoing military aggression in Ukraine has forced 1.8 million people – out of a population of more than 44 million – to become internally displaced. More than 3.8 million people in-country need humanitarian assistance. Another 239,000 Ukrainians have become refugees. Looking Ahead Despite the drop in Mediterranean arrivals, the number of refugees who have already arrived in the OSCE from other regions, as well as the ongoing conflict and humanitarian crisis in Ukraine, mean there will likely continue to be millions of displaced persons in the OSCE region and its partners for the foreseeable future. Addressing the political drivers of the underlying conflicts will be essential to enabling safe, voluntary, dignified returns. This information was compiled by Helsinki Commission staff from UNHCR sources, including its staff; the 2016 Global Trends Report; its Operational Data Portal; its Population Statistics Database; and situation reports. Other sources include ReliefWeb, a digital service of the UN Office for the Coordination of Humanitarian Affairs (OCHA).

  • OSCE Debates Future of European Security

    By Alex Tiersky, Global Security and Political-Military Affairs Advisor Can an organization of 57 participating States which includes both the United States and Russia come to agreement on the causes of instability in European security today, let alone re-commit to the basic rules of the road governing states’ behavior?  And are all participating States – especially Russia – still able and willing to participate in good faith in a positive-sum, cooperative approach to building security, rather than a competitive, beggar-thy-neighbor approach? These were the questions that underpinned the OSCE Security Days conference of non-governmental experts and governmental representatives on “Countering fragmentation and polarization: Re-creating a climate for stability in Europe,” held on May 18-19, 2017 in Prague.  While the Czech hosts were proud to inform attendees that the meeting was held in the very hall in which the July 1, 1991 protocol dissolving the Warsaw Pact was signed, it seemed unlikely that this historical spirit would deliver positive breakthroughs in the current challenges facing the post-Cold War order in Europe, which was declared dead by more than one speaker. The great majority of interventions focused on the deliberate undermining of other countries’ security and independence by Russia. Additional challenges raised by speakers included increasing polarization within and among states, the rise of populist movements, a post-truth environment that feeds instability and mistrust, and the emergence of the cyber domain and its use in interstate competition. Russian revisionist perspectives on the European security order, declared on such occasions as President Putin’s speech at the Munich Security Conference in 2007, underline the extent to which Russian leaders see the post- cold war order as detrimental to Russia’s interests and therefore obsolete, according to several speakers. Conference participants from Russia, for their part, painted an entirely different reality than that described by most other participants. In the former’s telling, the west took advantage of Russia in the post-cold war period despite positive actions by Russia, ranging from the withdrawal of troops and armaments previously stationed across Europe, to more recent collaboration in fighting against piracy or eliminating Syrian chemical weapons. Stressing the concept of indivisibility of security, Russian speakers underlined that Russia would make no more of what they called unilateral concessions, and called for a new European Security Treaty.  NATO’s concept of deterring Russia is not compatible with OSCE commitments, they asserted. Seeking to address these widely differing perspectives among its membership, the German Chairmanship in 2016 and the Austrian Chairmanship in 2017 have launched an informal working group on “structured dialogue” to discuss participating States’ differing views on security threats and possible ways forward.  Conference participants were of mixed views on the prospects for the structured dialogue effort, with skeptics citing what they saw as similar past processes such as the Corfu Process or Helsinki +40, which failed to show concrete results.  Many participants were keen to underline the need for the structured dialogue to avoid calling existing institutions or principles into question.  The challenges facing European security were not institutional in nature, these voices argued, but rather the result of one OSCE participating State – Russia – failing to uphold its commitments or respect the sovereignty and independence of other participating States. Conference participants offered a number of policy recommendations for strengthening the OSCE (such as providing a small crisis response fund under the Secretary General’s authority; providing additional tangible assets like unmanned aerial vehicles; supporting historical research to better understand the sources of divergent perspectives; or modernizing arms control and confidence building measures).  The OSCE should pay more attention to the increasing instability in the Western Balkans, it was suggested, and ongoing work on cyber norms had real potential utility. Individual participating States were urged to combat disinformation campaigns by investing in tools to rapidly rebut false claims, educate publics, and discredit outlets that serve as propaganda, while safeguarding fundamental freedoms.  Despite these and other positively-inclined recommendations, however, the general mood at the conference was one of urgency, not optimism. If one point of general consensus emerged among the widely differing perspectives, it was that in the face of increasingly complex and urgent challenges (many of them caused by or closely linked to Russia’s geopolitical stance, according to the great majority of conference attendees) the absence of shared views and approaches was unlikely to resolve itself in the near term. This dynamic was likely to contribute to a worsening of existing and emerging security crises – and ultimately the further loss of lives. Alex Tiersky attended the conference as a representative of the U.S Helsinki Commission.

  • OSCE Debates Counterterrorism Approaches

    By Alex Tiersky, Global Security and Political-Military Affairs Advisor Several hundred officials, academics, journalists, NGO representatives and youth ambassadors gathered in Vienna on May 23-24, 2017 for the OSCE’s annual counterterrorism conference.  The event was convened around the subject of “Preventing and Countering Violent Extremism and Radicalization that Lead to Terrorism.” The subject matter could hardly have been more pressing, with the conference taking place in the immediate wake of the tragic terrorist attack in Manchester, England.  That attack – and those suffered by so many OSCE participating States in recent months and years – served to heighten the sense of urgency towards finding ways to address all aspects of the problem, from effectively preventing radicalization that leads to violence, to ensuring societies are resilient in the face of future attacks. OSCE participating States were particularly concerned about the continued threat posed by so-called “foreign terrorist fighters” – citizens of their countries who traveled abroad to fight, in particular to Iraq and Syria, who could return with the intent to inflict attacks on their home countries.  Experts at the meeting voiced concern that many countries are unprepared for the challenge of mitigating any threat posed by these individuals – including children who may have been radicalized as a result of travel as part of families – upon their return. Youth are particularly vulnerable to radicalization and a key element of any sustainable and effective strategy to counter it, according to the OSCE Chair-in-Office, Austrian Foreign Minister Sebastian Kurz. He stated that recent OSCE youth workshops had called for greater inclusion of young people in anti-radicalization discussions and strategies; efforts to eliminate propaganda from social media; and broader dissemination of narratives describing the negative results of radicalization. Conference participants differed somewhat on whether best practices in countering extremism developed in one country were universally applicable, or whether local (or even family-level) actors, who may be best placed to identify early warning signs of radicalization and counter it, should be emphasized. Still, most participants underlined that counterterrorism approaches that failed to emphasize the rule of law, fundamental freedoms, and support to civil society, or that singled out religious or ethnic communities, would ultimately prove counterproductive.  The OSCE itself served as a useful platform on this issue, according to head of the U.S. Delegation Irfan Saeed (the Director of the Department of State’s Office of Countering Violent Extremism), who commended ongoing OSCE programs such as the capacity-building work of OSCE Field Missions and the #UnitedCVE social media campaign.  Among the many recommendations offered by various conference participants for heightened national or international efforts were the following: Supporting capacity building efforts by OSCE field missions in the Balkans and Central Asia. Strengthening border controls. Improving governmental interoperability of information systems and access to encrypted information, as well as the ability to process large amounts of data rapidly. Increasing the sharing of biometric data collection to improve effectiveness of policing and border controls. Greater sharing of financial information to detect terrorist networks and their financing. Ensuring cooperation between local communities and law enforcement. Fighting online radicalization and propaganda, in collaboration with the private sector. Addressing the particular vulnerabilities of women and girls and empowering their contributions to countering extremism. Strengthening legal systems to prevent impunity. Using data-driven approaches to assess the effectiveness of programs. Developing and promoting a positive, inclusive vision for Western societies to serve as an alternative to the hate-filled narrative of violent groups. Combatting the challenge of radicalization in prisons. Despite a number of areas of agreement, there were some differences of opinion among the conference participants, including how prominently values should feature in any counterterrorism approach; the characterization of specific groups as “terrorist;” or the use of censorship to address potentially extremist speech on line. One consistently outlying view was expressed by Russian delegates, including Deputy Foreign Minister Oleg Syromolotov, who claimed that (unnamed) partners often committed only rhetorically to countering terrorism rather than acting as part of a global anti-terrorist front, and chastised Western partners who, he said, put their own “geopolitical ambitions” above the need to counter terrorism.  Other Russian interventions included accusations that Western states tolerated or even supported terrorist groups and suggestions that excessive liberalism allowed for terrorists to go unchecked in Western societies.  The interventions served as a reminder of the obstacles that remain to fully maximizing the utility of international cooperation to address this common challenge. Alex Tiersky attended the conference as a member of the U.S. delegation, which was led by the U.S. Department of State’s Bureau of Counterterrorism and Countering Violent Extremism.

  • Minority Faiths Under the Hungarian Religion Law

    By Erika Schlager, Counsel for International Law On April 25, 2017, the European Court on Human Rights announced a judgment in the case of the Hungarian Evangelical Fellowship v. Hungary.  This decision followed a 2014 finding by the Court that Hungary's 2011 law on religion violated the rights to freedom of association and freedom of religion.  In light of the failure of Hungary to end continuing violations, the April judgment awarded the Evangelical Fellowship €3 million in damages.  Religious Discrimination after the 2011 Law The case has its origins in changes made to Hungary’s religion law, which establishes a framework for the registration, or official recognition, of churches.  The law was rushed through parliament in June 2011 in a midnight parliamentary session as part of a massive three-year wave of 700 new laws, a new constitution, and five amendments to the Constitution passed between 2010 and 2013.  The “church law,” as it is known, came into force in 2012 and stripped legal recognition from over 300 previously recognized faiths; only 14 faiths retained their status under the new law.  The law gives the exclusive authority to the elected politicians in the Hungarian parliament to determine what constitutes a church, based on a parliamentary review of a religious community’s faith and rites; bylaws and internal rules; and elected or appointed administrative and representative bodies. The parliament then makes its decision according to a two-thirds vote.  Churches recognized by the parliament are granted a range of financial benefits and other privileges, including the ability to minister to co-religionists in public institutions such as schools, prisons and the military; unregistered faiths are denied these benefits.   Religions that lose their state recognition may have their assets confiscated by the state.  Hungarian Ombudsman Mate Szabo criticized the law when it was adopted and the Constitutional Court has twice struck down parts of the new religion law.  Parliament changed the law to allow unrecognized groups to identify as “churches” (translation:  “you can call yourself whatever you want”), but refused to alter the discriminatory framework that excludes unregistered faiths from the benefit of official status (translation:  “you’ll still have second-class status”).  In other words, there was no meaningful legislative change to address the law’s shortcomings.   The Hungarian Evangelical Fellowship, joined by several smaller groups, including Mennonites, two small reformed Jewish congregations, and a Buddhist congregation, brought the case that was decided by the European Court in 2014.  The European Court held that the “church law” is “inconsistent with the State’s duty of neutrality in religious matters that religious groups had to apply to Parliament to obtain re-registration as churches and that they were treated differently from incorporated churches with regard to material benefits without any objective grounds.”  Damages were awarded to the other religious communities in 2016, but the Hungarian Evangelical Fellowship continued to seek damages in light of continuing violations. In its April 2017 decision, the court awarded €3 million to the Hungarian Evangelical Fellowship.  The damages for discriminatory treatment included the loss of personal income tax donations and the corresponding supplementary State subsidy; the loss of State subsidies intended to support the applicant’s social and educational institutions; the loss of subsidies for religious teaching; and the loss of salary supplements paid to the staff employed by church institutions providing public-interest services. Unfortunately, the Court does not have the authority to compel Hungary to change its religion law and it is up to the Hungarian parliament to take the measures to comply with the ruling.  (The Court may award damages again – and again – in the case of continuing violations.) De-registered churches may be able to get a judgment for damages in Strasbourg, but only Budapest can provide a legal remedy.  The government may be trying to squeeze the Hungarian Evangelical Fellowship out of existence by depriving them of the benefits extended to other faiths and forcing them to devote resources to constantly litigate and re-litigate the same violations.  Smaller churches de-registered after 2011 have already largely been shuttered.  About the Hungarian Evangelical Fellowship The Hungarian Evangelical Fellowship broke from the Hungarian Methodist Church in the mid-1970s over the issue of collaboration with the communist regime. As a faith that would not bend to the communist regime, the Hungarian Evangelical Fellowship was subsequently forced underground and persecuted for engaging in charitable work with the poor at a time when the communist regime was loath to admit that poverty was a serious problem.  After the fall of the communist regime, in 1991 the Hungarian Evangelical Fellowship was officially recognized until stripped of this status under the 2011 law.  The Hungarian Evangelical Fellowship is known for its charitable and humanitarian work, particularly with Romani communities, and runs schools, homeless shelters, and soup kitchens. However, becausethe Hungarian tax authority has refused to issue a tax number to deregistered churches such as the Evangelical Fellowship, it is impossible for them to be designated them as recipients of a 1 percent charitable donation on tax forms.   Related Issues In 2017, the Hungarian Government has also proposed a Russian-style “foreign agents” law, which is currently scheduled for a vote by parliament, possibly on June 13. In recognition of criticism that, among the draft law’s many problems, it would stigmatize groups that receive foreign funding – including support from co-religionists in other countries – the current draft was altered to include a carve-out exception for religious organizations and sports.  If adopted, the law may spur the adoption of copycat laws in the region that might not have the same carve-outs for religious groups.  During a press conference in April, Prime Minister Viktor Orban’s chief of staff Janos Lazar suggested that Hungarian groups that receive foreign funding should be designated with a star.  He later apologized.

  • Russia’s Weaponization of Corruption (and Western Complicity)

    By Paul Massaro, policy advisor and Amelie Rausing, intern Russia’s weaponization of corruption—its export of corrupt practices via the abuse of western legal and financial loopholes in order to further its geopolitical goals—has stimulated anti-American sentiment in Europe and galvanized extremist forces on both sides of the Atlantic. While Moscow pushes its anti-globalization narrative, it is simultaneously taking advantage of globalization to export its own version of crony capitalism to many countries in the OSCE region. The Russian brand of corruption thrives off of globalization and depends on access to the global financial system. Under this model, weak property rights and lack of rule of law support a corrupt system at home, where markets are distorted and courts are politicized. State funds are looted and assets are acquired through corporate raiding and asset stripping. Cronies then siphon off national funds to safe havens outside of former Soviet countries. Offshored money can be used to buy real estate, education, and health care in the United States and in Europe. It can also be used back home, to finance rigged elections, support local political figures, reward loyal cronies, and fund projects strategically important for geopolitical goals. Stolen money can also buy influence and keep foreign governments friendly. In the meantime, popular discontent brews domestically. Western politicians often argue that globalization undermines corruption and authoritarianism. In reality, that is not the whole story. The emergence of a parallel, opaque, financial system that allows dictators to anonymously and untraceably funnel money to the West is one of the direst consequences of an increasingly globalized world. European and American lawyers, bankers, lobbyists, and accountants provide services that facilitate and benefit from the laundering of stolen assets. Illicit wealth is then invested in real estate in cities like London, New York, and Miami. In many cases, victims are well aware of the West’s complicity in funneling off their hard-earned taxes and state budgets. Their sense of powerlessness is further fortified when the United States and European countries fail to trace and recover funds that have vanished in the global financial system. It strengthens the sense of a culture of impunity for grand corruption, a public setback that can then be exploited by extremist voices. In Russia, “Londongrad” is widely known as the capitol of Russia’s stolen wealth. Furthermore, in the digital era, stolen assets are flaunted on social media for everyone to see. Last year, reporters from the Organized Crime and Corruption Reporting Project (OCCRP) and Novaya Gazeta established that a 280-plus foot super-yacht named St. Princess Olga belonged to Putin crony and Rosneft CEO Igor Sechin after examining the social media accounts of his rumored girlfriend, Olga Rozhkova. While the exact price of the yacht is unknown, it is estimated to be around $190 million. At best, the United States and other Western countries are accused of facilitating the looting of corrupt countries. At worst, they drive and benefit from the transfer of financial assets from the East to the West. Disdain of the West becomes especially contagious when people like Russian opposition leader and anti-corruption blogger Alexei Navalny start to express frustration with Western complicity in money laundering. It is bad news when freedom fighters and dissidents, traditional allies of the United States, start to question the West’s commitment to democratic development. The failure to return ill-gotten assets, especially when they have been invested in the U.S. economy, diminishes the United States’ democratic legitimacy and America’s claim to be a champion of freedom. The perception of a hypocritical West with sham values is then exploited by opportunist politicians and media, who egg on anti-American sentiment with this carefully constructed narrative about globalization. This narrative fuels extremism and terrorism and it is in the United States’ national interest to encounter it. The Helsinki Commission recently investigated one aspect of this phenomenon in a staff-level briefing titled, “Countering Corruption in the OSCE Region: Returning Ill-Gotten Assets and Closing Safe Havens.” This briefing demonstrated that strengthening mechanisms for repatriation and accountability in the financial sector needs to be a priority. When these illicit assets are safeguarded in places where democratic governments have some leverage then it is important to use it to ensure the responsible return of funds for the benefit of victims. To avoid looking hypocritical, financial organizations and law firms that enable the looting cannot profit from the repatriation process. There are many different methods required to combat corruption and responsible asset recovery might not seem like the most critical at first glance. However, it is an essential step for preventing future corruption. Recovered assets can be invested in the rule of law and aspects of civil society that serve as corruption watchdogs. Responsible and transparent repatriation has the potential to empower these watchdog organizations, strengthening the backbone of democratic development.

  • Commissioner and Special Representative Ben Cardin Counters Anti-Semitism and Promotes Diversity

    When the U.S. funding bill commonly known as the Omnibus passed in May 2017, it included a number of provisions outlining U.S. foreign policy and national security measures.  It also included provisions supporting diversity and human rights in foreign affairs in the face of increased violence and discrimination across the 57 North American and European countries that make up the Organization for Security and Cooperation in Europe. “Continuing anti-migrant and refugee sentiments, anti-Muslim backlash following terrorist attacks, and a surge in anti-Semitic and racist incidents in this country and abroad are just some of the reasons I was compelled to act,” said Helsinki Commission Ranking Senator Ben Cardin (MD), who is also the OSCE Parliamentary Assembly’s first Special Representative on Anti-Semitism, Racism, and Intolerance. “These legislative provisions are just a few recent efforts I have advanced to ensure diverse populations in our country and throughout the OSCE region are afforded the same rights, protections, and opportunities as others that are enshrined in the Helsinki Final Act and numerous OSCE tolerance and non-discrimination commitments,” said Senator Cardin, whose U.S. spending bill provisions include: Increased funding to counter global anti-Semitism. U.S. support for the Organization for Security and Cooperation in Europe (OSCE) to advance new initiatives to counter anti-Semitism, racism, and intolerance. Expansion of the Department of State workforce diversity programs. Prior to the passage of the Omnibus, on April 25 Senator Cardin introduced the National Security Diversity and Inclusion Workforce Act (NSDIWA) of 2017, building on legislation he passed in December 2016 to diversify the State Department and USAID labor force.  “I have championed these equality and anti-discrimination provisions because America’s diversity is one of our greatest assets as a nation, and our government should reflect that reality,” said Senator Cardin. “When America leads with our values on display, whether we are promoting human rights abroad or helping resolve conflicts to help societies heal and move forward, including our own, it should be done with personnel who reflect the entire tapestry of the United States,” Senator Cardin continued. “Inequities and discrimination are not just a U.S. problem.  The hope is that this legislation can also serve as a model for other countries grappling with similar issues from hate crimes to inequality.” Senator Cardin was appointed the OSCE PA's Special Representative on Anti-Semitism, Racism and Intolerance in March 2015. More on his mandate and efforts can be found at http://www.oscepa.org/about-osce-pa/special-representatives/anti-semitism.

  • Chairman Wicker Meets with Valentin Inzko, High Representative for Bosnia and Herzegovina

    On May 16, Austrian diplomat Valentin Inzko, the international community’s High Representative for Bosnia and Herzegovina since 2009, met with Senator Roger F. Wicker, Chairman of the U.S. Helsinki Commission.  Dr. Inzko was visiting Washington for consultations with the U.S. Administration and Members of Congress, prior to reporting to the United Nations Security Council on his work later in the week. The High Representative updated the Senator on the ongoing challenges in implementation of the 1995 Dayton Agreement, which ended a horrific conflict that began in Bosnia in April 1992.   He indicated that nationalist sentiment continues to divide the country.   As a result, efforts to achieve the country’s disintegration take place simultaneous to efforts to achieve the country’s integration into Europe.  Inzko urged that the United States continue to actively engage in Bosnia and Herzegovina, noting U.S. credibility among local stakeholders and the European Union’s challenges in achieving any real progress on its own.  Senator Wicker recalled the major U.S. commitment to Bosnia in the immediate post-Dayton period and asked what policy options are available today.   Among the items discussed were the need to maintain active U.S. diplomatic representation in Bosnia, as well as the potential impact of sanctions or other actions against obstructionist political leaders.  In January, the United States applied sanctions on Milorad Dodik, President of the Republika Srpska entity in Bosnia and Herzegovina, for obstructing Dayton implementation, thereby threatening the sovereignty and territorial integrity of the country. At a Commission hearing the next day on Russia's military threat to Europe, similar concerns were raised as expert witnesses indicated the Western Balkans were in “Russian crosshairs” to influence and destabilize. Russian influence is most visible in Serbia but also in Macedonia and Bosnia. It is particularly strong in the Republika Srpska entity, encouraging Dodik to pursue a secessionist agenda. Russian involvement in the attempted coup in Montenegro last October was also noted, just as the country was in the process of acceding to NATO. Through successive leaderships, the U.S. Helsinki Commission has been at the forefront of congressional efforts to support Bosnia and Herzegovina, not only in line with the terms of the 1995 Dayton Agreement but in compliance with the principles and provisions of the 1975 Helsinki Final Act and subsequent commitments of the OSCE.

  • Senators Wicker, Cardin Meet with Georgian Prime Minister

    Giorgi Kvirikashvili, Prime Minister of Georgia, met with Helsinki Commission Chairman Senator Roger Wicker and Ranking Member Senator Ben Cardin on the final leg of his three-day visit to Washington. The Prime Minister expressed his sincere thanks to the senators for co-sponsoring the Senate resolution supporting the territorial integrity of Georgia. He also highlighted the continuing aggression Georgia faces from Russia, and stressed that U.S. support is vital. Senator Wicker welcomed the Prime Minister’s visit, and vowed to do his best to ensure speedy passage of the resolution. Senator Cardin noted that Georgia would enjoy strong support with Senator Wicker serving as the chair of the Helsinki Commission. He praised Georgia’s Parliamentary Assembly delegation as one of the strongest in the OSCE.  

  • Helsinki Commissioners Urge President to Prioritize Democracy, Human Rights in Foreign Policy

    On May 3, Helsinki Chairman Senator Roger Wicker (MS), Ranking Commissioner Senator Ben Cardin (MD), and Helsinki Commissioners Senator Cory Gardner (CO), Senator Marco Rubio (FL), and Senator Thom Tillis (NC) signed a letter encouraging President Trump to prioritize democracy and respect for human rights in the Administration’s foreign policy agenda. The letter reads in part: “America has long been a leader in supporting individual rights. It was more than 240 years ago that the Founding Fathers declared  that all are created equal and endowed with inalienable rights, including life, liberty, and the pursuit of happiness. These principles have successfully formed the backbone of the American experiment in self- government. The rights the Founders recognized are not by any means solely ‘American,’ but rather are universal. Being fortunate to enjoy these freedoms ourselves, we have the moral imperative to promote democracy and human rights across the globe.” The bipartisan letter was also signed by Senator Todd Young (IN), Senator Edward Markey (MA), Senator Bob Menendez (NJ), Senator Susan Collins (ME), Senator Dick Durbin (IL), Senator Patrick Leahy (VT), Senator Christopher Coons (DE), Senator Lisa Murkowski (AK), Senator Cory Booker (NJ), and Senator Jeff Merkley (OR). The full text of the letter can be found below. Dear Mr. President: As you carry out the responsibilities of the Office of the President, we in the Congress stand ready to work with you to ensure that America remains a leader in advocating for democracy and human rights. We urge your administration to make these issues a priority. As you know, America has long been a leader in supporting individual rights.  It was more than 240 years ago that the Founding Fathers declared  that all are created equal and endowed with inalienable rights, including life, liberty, and the pursuit of happiness.  These principles have successfully formed the backbone of the American experiment in self- government. The rights the Founders recognized are not by any means solely “American,” but rather are universal. Being fortunate to enjoy these freedoms ourselves, we have the moral imperative to promote democracy and human rights across the globe.  At a Senate Foreign Relations Committee subcommittee hearing earlier this year titled “Democracy and Human Rights: The Case for U.S. Leadership” human rights activists shared their stories of living under oppressive regimes. They made clear that they believe that the United States has a critical role to play in safeguarding the fundamental rights of all people. A world that is more democratic, respects human rights, and abides by the rule of law strengthens the security, stability, and prosperity of America. History has demonstrated time-and-again that free societies are more likely to be at peace with one another. Constitutional democracies are also less likely to fail and become breeding grounds for instability, terrorism, and migration.  Democratic nations that respect good governance and the rights of their own citizens are also more likely to be economically successful, and to be stable and reliable trade and investment partners for the United States.  Our economic partnerships with Japan, Germany, Taiwan, the Republic of Korea, and numerous other nations’ today stand as testament to the wisdom of far-sighted U.S. policy that seeks to develop good governance and strong democratic institutions as necessary enablers for strong economic partnerships as well. As we have seen over the past decade, there is a creeping authoritarian resurgence across the globe, against which we are the bulwark for individual rights and freedoms.  America, since its founding, has led this fight, not just for the rights of Americans found in the Constitution, but for the rights of all.  By elevating democracy and human rights to a prominent place on your foreign policy agenda you can make a measurable difference and make America safer, more prosperous, and more secure.  There is longstanding and deep bipartisan Congressional commitment to advancing freedom around the world, just as Republican and Democratic administrations for decades have supported democracy and human rights, and we look forward to working with you on this important cause.  We ask that, as you continue to formulate your foreign and defense policies, you put the promotion of democracy and human rights front-and-center as a primary pillar of America’s approach abroad.  As we move forward with the process of holding confirmation hearings for your nominees to key foreign policy positions we will be assessing their commitment to uphold these important American values as they carry out our nation’s foreign policy.

  • World Press Freedom Day 2017

    By Jordan Warlick, Staff Associate Although freedom of the press is recognized by democracies around the world as an essential and basic human right, emerging reports show that it is globally in decline, even in countries considered strong democracies. The recently published Freedom House 2017 Freedom of the Press Report and Reporters Without Borders’ 2017 World Press Freedom Index both indicate grim trends – Freedom House declares press freedom at its lowest point in 13 years, and Reporters Without Borders describes the “ever darker world map” it has published this year. The OSCE region is not uniform when it comes to freedom of the press. OSCE participating States include some of the freest nations in the world, like Norway and the Netherlands, alongside some of the least free nations, like Azerbaijan and Turkey. The worst-performing region in the aforementioned Freedom House report is Eurasia, while the best-performing is Europe, both of which are largely encompassed in the OSCE region. The central problems of media freedom are also varied between countries, from violence, intimidation, and incarceration of journalists; to emerging contempt for the media among politicians; to media outlet ownership and transparency issues. While some countries require more attention and monitoring than others, any conditions that impede on press freedom or that are considered harmful for journalists deserve attention. The OSCE Representative on Freedom of the Media was an office created in 1997 to do just that: monitor and assist participating States with compliance commitments on freedom of expression and free media. The most recent OSCE Representative on Freedom of the Media, Dunja Mijatović, was a fierce advocate for the rights of journalists across the OSCE. The OSCE participating States currently are in the process of selecting her successor, an appointment that requires consensus among the 57 OSCE participating States.  This office’s function as a watchdog for violations and deteriorating conditions for media has been critical to bringing attention to issues and cases that may otherwise go unnoticed. Still, undemocratic regimes, changing political tides in the region, and the evolving landscape of journalism present ongoing challenges. Over the last week alone, the Helsinki Commission has held three different events where media freedom has been an important topic of discussion: a hearing on human rights abuses in Russia; a briefing on Russian human rights violations of Ukrainian citizens; and a briefing on human rights in Turkey after its referendum on changes to the constitution.  At the hearing on human rights in Russia, each witness brought attention to the Kremlin’s control of the media and persecution of independent journalists. The briefing on Russian human rights violations against Ukrainian citizens focused on the incarceration of filmmaker Oleg Sentsov, but highlighted other cases of imprisoned journalists such as Roman Sushchenko of Ukrinform News and Mykola Semena, a contributor to Radio Free Europe. On Turkey, Freedom House panelist Nate Schenkkan described the severe restrictions on access to information and underscored Turkey’s status as the number one jailer of journalists in the world. If there is any hope for the future of press freedom in these countries where media is especially unfree, it is in the passion and talent of journalists who are committed to holding their governments accountable despite the risks. It is vital that the United States continue to be an exemplar of and advocate for freedom of the press, enshrined by our founders in the First Amendment in recognition of its importance for democracy, for other countries around the world.

  • Political Prisoners in Russia

    Principle VII of the 1975 Helsinki Final Act recognizes the right of individuals to know and act upon their human rights and fundamental freedoms, including freedom of thought, conscience, religion or belief, without distinction as to race, sex, language or religion. The following individuals who were profiled in the Helsinki Commission's April 2017 hearing, "Democracy & Human Rights Abuses in Russia: No End in Sight," illustrate the many cases of political prisoners in Russia today. Dmitry Buchenkov – Buchenkov was charged under Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”) for his participation in the 2012 Bolotnaya Square protests against fraud in the 2011 presidential elections. He was arrested in December 2015 and is currently under house arrest.  He is recognized by Memorial as a political prisoner not only because the alleged offense did not take place, but also due to the lack of a fair trial and the disproportionate use of pretrial detention in light of the charge against him. His case illustrates the prosecution of individuals for engaging in nonviolent public protest against the government in general and the Bolotnaya Square cases in particular. Oleg Navalny – Navalny was charged under Article 159 (“swindling on a large scale”), article 159.4 (“swindling on a particularly large scale in the entrepreneurial sphere”), and article 174.1.a (laundering of funds on a large scale acquired by a person through a crime committed by him”).  He was sentenced to 3 ½ years in a closed proceeding, Memorial considers him a political prisoner because the alleged offense did not take place and he was not given a fair trial. In reality, Oleg Navalny was targeted because he is the brother of prominent political activist Alexei Navalny.  It appears the authorities are unwilling to make a martyr out of Alexei Navalny but seek to exert pressure on him by persecuting his brother. Oleg Navalny’s case illustrates the willingness of the government to target family members as a means of exerting pressure on political activists, which is specifically prohibited under the OSCE 1989 Vienna Concluding Document. Darya Polyudova – Polyudova was charged under article 280 of the Russian criminal code (“public appeals for extremist activity” and “public appeals for actions aimed at a violation of the territorial integrity of the Russian Federation”) in connection with her participation in preparation for a march that did not take place.  In reality, she was indicted for criticizing Moscow online for its support of Russia-backed separatists in Ukraine's east.  She is recognized as a political prisoner because the offense did not take place, her right to a fair trial was violated, and the government disproportionately used pretrial detention given the nature of the charges.  She was sentenced to two years in prison, becoming the first person in Russia convicted under a 2014 law criminalizing calls for separatism on the Internet. Her case illustrates the government’s prosecution of Russian nationals who criticize Russia’s actions and policies in Ukraine. Sergei Udaltsov – Udaltsov was charged under Article 30 of the Russian criminal code (“preparation of actions aimed at organizing mass riots”) and Article 212 (“organization of mass riots”) after participating in the Bolotnaya Square protests. He has been arrested multiple times before for protesting against the government. Memorial recognizes him as a political prisoner on the grounds that he was charged with an offense that did not take place; his right to a fair trial was violated; and the government disproportionately used pretrial detention. He was sentenced to four years and six months in prison. Ivan Nepomniashchikh – Nepomniashchikh was charged with Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”). He is recognized as a political prisoner on the grounds that he is being prosecuted for exercising his right to freedom of assembly; he is being charged with an offense that did not take place; he was not allowed a fair trial;  and the government disproportionately used pretrial detention. He is another example of those being prosecuted for participating in the Bolotnaya Square protests against the 2011 fraud in the presidential election. Alexei Pichugin – Pichugin was charged under Article 162 of the Russian criminal code (“robbery”) and Article 105 (“murder”). At a closed trial, Pichugin, the former head of internal economic security for the Yukos Company then headed by Mikhail Khodorkovsky, was sentenced to life imprisonment in a special-regime penal colony. He has been in prison since 2003 and is recognized as a political prisoner on the grounds that his prosecution was conducted without a fair trial.  The European Court on Human Rights also has held that Pichugin was denied a fair trial.   Oleg Sentsov – Senstov is a Ukrainian filmmaker imprisoned in Russia since 2015, and was the focus of a separate Helsinki Commission briefing. Sentsov was arrested in the Russian-occupied Crimean territory of Ukraine and charged under Article 205.4 of the Russian criminal code (“organization of a terrorist group”), Article 205 (“terrorist act committed by an organized group”), Article 30 in connection with Article 205 (“preparation of a terrorist act”), Article 30 in connection with Article 222 (“attempted illegal acquisition of firearms and explosive devices”), and Article 222 (“illegal acquisition and storage of far arms and explosive devices”).  He was accused of planning an attack on a monument to Lenin, a charge he denies. He was sentenced in a Russian military court to 20 years in a strict regime penal colony for terrorism. Other Illustrative Cases Alexander Kolchenko – Kolchenko, a Crimean activist, was charged under article 205 of Russia’s criminal code (art. 205.4 part 2: "Participation in a terrorist organization," and art. 205, paragraph "a," part 2: "A terrorist act conducted by a terrorist group"). He refuted the accusations of terrorism. Mr. Kolchenko was detained in May 2014, in Simferopol, Crimea, shortly after Russia took control over the peninsula. On August 25, 2016, the North Caucasus District Military Court of Russia sentenced Mr. Kolchenko to 10 years of imprisonment in a strict-regime colony. He is serving his sentence in the Chelyabinsk Oblast, in the city of Kopeysk, a facility notorious for its poor treatment of convicts. Mr. Kolchenko is recognized as a political prisoner by Russia’s Memorial watchdog group. Mykola Semena (under a travel ban) – Semena, a Crimean journalist, has been charged under Article 280.1 of Russia’s criminal code, which penalizes "public calls for actions violating the territorial integrity of the Russian Federation." The law was added to the Russian criminal code in December 2013, and came into force in May 2014 - several weeks after Crimea was annexed by Russia. Semena was one of the only independent journalists to remain on the peninsula following Russia’s March 2014 annexation of Crimea. He contributed reporting to RFE/RL’s Ukrainian Service and its Crimea Desk. On April 19, 2016, after Russian police searched Semena’s home and confiscated computers and storage media, the de facto Crimean prosecutor-general ordered Semena to remain on the peninsula while he was investigated for alleged “calls to undermine Russia’s territorial integrity via the mass media.” Semena has been forced to stay in Crimea ever since, despite his requests to travel to Kyiv for urgently needed medical care. Roman Sushchenko (in pre-trial detention) – Sushchenko, a Ukrainian journalist, is charged under article 276 of Russia’s criminal code (espionage). He has worked as a Paris-based correspondent for Ukraine’s state news agency, Ukrinform, since 2010. He was detained at a Moscow airport on September 30, 2016, upon his arrival from Paris on private business. He was accused of collecting classified information on the activities of Russia’s armed forces and the National Guard. Mr. Sushchenko denies any involvement in espionage. His employer, Ukrinform, also considers the accusations false and called his detention a “planned provocation.” Mr. Sushchenko’s attorney is Mark Feygin, who previously represented Pussy Riot and Nadezhda Savchenko. Memorial, a Russian organization established to report on the crimes of Stalinism, documents cases of political prisoners as well as cases of those persecuted for their faith.This information was compiled by Helsinki Commission staff from Memorial, the U.S. Department of State Country Report on Human Rights Practices, and news sources. The U.S. Commission on International Religious Freedom also tracks cases of individuals imprisoned in connection with their faith.

  • Background: OSCE Special Monitoring Mission in Ukraine

    By Alex Tiersky, Global Security and Political-Military Affairs Advisor On April 23, 2017, the OSCE announced that a U.S. paramedic serving in the OSCE Special Monitoring Mission in Ukraine had been killed when his vehicle struck an explosive – likely a landmine – in separatist controlled territory in eastern Ukraine. Two other SMM personnel, from Germany and the Czech Republic, were also injured in the incident. What is the OSCE SMM? The Organization for Security and Cooperation in Europe (OSCE)’s Special Monitoring Mission (SMM) in Ukraine was established in 2014, to monitor implementation of the Minsk agreements designed to bring peace to eastern Ukraine. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia and Ukraine.  Currently fielding roughly 700 monitors, nearly 600 of whom are in Donetsk and Luhansk regions, the SMM is an unarmed, civilian mission that serves as the international community’s eyes and ears in the conflict zone. The Mission has some notable achievements, including regular reporting on the near-constant ceasefire violations, as well as the humanitarian needs of the population struggling in the conflict zone.  It has also sought to bring the sides together on weapons withdrawals and demining, as well as working towards agreements to fix power and water lines in the conflict area. However, Mission personnel face regular and sometimes violent harassment by combined Russian-separatist forces, who seek to limit the SMM’s access to the areas they control.  The attacks have made the environment in which Mission personnel operate increasingly volatile and dangerous, a fact tragically underlined by the incident on April 23.  In addition to this harassment, the SMM has faced limits imposed by the Russian-backed separatists including denial of access to the Ukrainian-Russian border, as well as jamming or downing of the OSCE’s unmanned aerial vehicles, critical tools for maintaining a clear operational picture. What is the U.S. Position? The United States supports the SMM and its monitors by providing personnel (roughly 75 Americans, making it the largest national contributor) and resources to the mission. The U.S. also supports the SMM by pushing Russia to end the separatists’ obstructions.  Since the April 23 incident, the U.S. has reiterated its call for full implementation of the Minsk Agreements, particularly by the Russian-led separatist forces who are most responsible for the threats to the SMM.  The U.S. has pushed for the sides to move towards a real and durable ceasefire, withdrawal of heavy weapons, and disengagement from the line of contact, as well as safe, full, and unfettered access throughout the conflict zone for the SMM monitors. The U.S. Helsinki Commission has consistently upheld Ukrainian sovereignty and territorial integrity, including through support of the efforts of the SMM in Ukraine, and called for full implementation of the Minsk Agreements, in particular underlining Russia’s responsibility in ensuring that the separatists make verifiable and irreversible progress on the implementation of the Minsk agreements. The latest incident must not only be fully investigated; it is a reminder of the urgent need for progress on full implementation of the Minsk Agreements, including a cease-fire and withdrawal of weapons.  

  • Earth Day 2017: Eyes on the Arctic

    By Paul Massaro, policy advisor and Jordan Warlick, staff associate On the first Earth Day on April 22, 1970, 20 million Americans volunteered and demonstrated across the country to celebrate the importance of the Earth and environment for the very first time. Founded by Democratic Senator Gaylord Nelson and co-founded by Republican Senator Pete McCloskey, and supported by Members of Congress on both sides of the aisle, Earth Day demonstrates a bipartisan commitment to protection of the environment. By the end of that year, the U.S. Environmental Protection Agency was founded and three key pieces of legislation were passed by Congress: the Clean Air Act, Clean Water Act, and Endangered Species Act. Today, Earth Day is observed internationally and is considered the largest secular observance in the world, celebrated by over a billion people every year. Since its inception, the OSCE has recognized environmental issues as fundamental to European peace and security. The 1975 Helsinki Final Act reads, “efforts to develop co-operation in the fields of trade, industry, science and technology, the environment and other areas of economic activity contribute to the reinforcement of peace and security in Europe, and in the world as a whole.” Economic and environmental issues make up the second of three core baskets of the Helsinki Final Act, also known as the OSCE’s second dimension: the Economic and Environmental Dimension. In 1997, OSCE participating States established an Office of the Coordinator of OSCE Economic and Environmental Activities (OCEEA), dedicated to promoting international cooperation on these issues. The OCEEA, led by Dr. Halil Yurdakul Yigitgüden since February 2013, identifies OSCE environmental goals and priorities; organizes the meetings of the Economic and Environmental Forum; and supports field missions on environmental initiatives in areas such as water management, waste management, and sustainable energy. Although there are many areas of environmental concern that are often overlooked, the Helsinki Commission has recently spotlighted one issue in particular: the Arctic. In November 2016, the Helsinki Commission held a congressional briefing on nuclear pollution in the Arctic. The total catalogue of nuclear waste in the Arctic is staggering, and while most of the waste originated from Soviet-era Russian dumping, the United States and the United Kingdom are also responsible for some of the legacy waste. The panelists at the briefing, including expert Nils Bøhmer of the Bellona Foundation, Julia Gourley of the State Department, and Jon Rahbek-Clemmensen of the Center for Strategic and International Studies, considered approaches to handling nuclear waste in the Arctic and working with international partners on this issue. Nuclear pollution is only one of many concerns facing the Arctic region. According to the National Oceanic and Atmospheric Administration, over the last 20 years atmospheric temperatures have increased at a rate at least three times the global average, and as of 2011 sea ice thickness was 42 percent below what it was in 1979. If trends continue, summers may produce ice-free waters in the Arctic Ocean by the late 2030s. The melting of Arctic ice will likely have an impact on sea levels and ocean currents, and produce other environmental changes. Warming waters may also open up opportunities for new shipping routes and other development, which will transform the region’s geostrategic environment.

  • OSCE Convenes Regional Mayors on Local Approaches to Global Challenges

    By Ambassador David Killion, chief of staff Paul Massaro, policy advisor Janice Helwig, representative of the Helsinki Commission to the USOSCE Jordan Warlick, staff associate​ and Jackson Lines, intern From March 30-31, 2017, the Organization for Security and Cooperation in Europe (OSCE) hosted the conference “Creating inclusive, safe and sustainable cities: Local approaches to global challenges” in Vienna, Austria. This unique conference brought together a diverse group of mayors and other senior officials from cities across the OSCE region to discuss their achievements and challenges in building integrated societies, countering violent extremism, creating sustainability, and constructing coalitions for change. The “Cities” conference was one of several “Security Days” conferences held by the OSCE each year. The OSCE launched these conferences in 2012 to provide a platform for prominent experts from government, think tanks, and academic institutions, civil society, youth, and media to engage with one another and official representatives from OSCE participating States. Community Engagement From battling violent extremism to building green energy capacity and resettling refugees, individuals, familial groups, and community units were put forward as the most effective change agents. Ahmed Aboutaleb, the mayor of Rotterdam in the Netherlands opened the conference by observing, “It is not the police or the army that brings peace. It is the citizens.” The idea that citizens are the driving force behind community transformation was underscored by Park Won-Soon, the Mayor of Seoul, Korea (an OSCE Asian partner) who elaborated upon his pride in the people of Seoul who stood up for core values when protesting President Park Geun-hye. Many of the participating mayors believed that promoting citizen participation must begin with engagement at the individual level, and offered recommendations to engage different stakeholders in the community. Suggested programs ranged from efforts in Poznan, Poland to retain youth in the community, to having women-only days within municipal departments, where women are given the opportunity to address issues or play sports in an exclusively female environment. Local policies must have the support of the community to be successful. For example, on the subject of sustainable development through green policies, Erion Veliaj, Mayor of Tirana, Albania, discussed his town’s “car-free days” initiative. He observed that success in Albania means owning a car, making it quite difficult to “green” the city. However, after car-free days were promoted as opportunities for children to play without fear of vehicular accidents, participation increased substantially. Building coalitions through engagement on good policies on an international level is an important next step. In the final session of the conference, Vice Mayor of Helsinki, Finland, Pekka Sauri, called for creative solutions to engage youth, suggesting, among other ideas, the OSCE version of the EU’s Erasmus student-exchange program to familiarize young people with the OSCE and the diverse cultures of its participating States. Countering Radicalism Due to Europe’s recent experiences with terrorism, participating mayors also were deeply interested in addressing the issue of radicalism in their cities. Many mayors felt that, although  radicalism has quickly become a fact of life, it is not necessarily a negative development. For example, Mayor Aboutaleb suggested that not all radicalism must be destructive, because it is possible for “radicals” develop new ideas and think in a different way.  Integration was of particular interest when dealing with radicalization. Jørgen Kristiansen, Vice Mayor of Kristiansand in Norway, promoted the idea that treating radicalization as “regular crime” helps promote integration. Other mayors, including Tanja Wehsely, Chair of the Vienna City Council Committee on Finance, Economy, and International Affairs, discussed building a dialogue through extracurricular activities and organizations such a sports clubs. Wehsely perhaps captured the founding idea behind these programs best when she stated, “You must give trust to gain trust”. Other solutions put forth focused on youth engagement to prevent radicalism from taking hold of the most vulnerable population. Participants also shared their ideas for implementing programs specifically designed to target the radicalization of criminals and prisoners. Rather than focusing on a single subset of their cities’ populations, a number of mayors advocated community-wide approaches. One of the most popular ideas was a Norwegian “buddy system,” where citizens “host” refugee families in their homes to build trust and help integrate refugees into the community. With each city acting as a testing ground for different approaches to solving Europe’s radicalism problems, idea-sharing events such as this conference are of great importance to promote a peaceful and safe Europe.  It is important to frame both community engagement and radicalism solutions in the current political climate by acknowledging the wave of populism sweeping across OSCE nations. Conclusion Many issues discussed at the OSCE – including fostering inclusive, safe, and sustainable societies – require innovation and cooperation at the local level, with the active input and interest of municipal governments. By sharing best practices, mayors and other city officials are better equipped to understand and deal with persistent problems, such as countering violent extremism, in the OSCE region and partner countries. Because mayors, diplomats, and parliamentarians have a variety of perspectives to offer on the challenges that face the OSCE region, an eventual inter-branch “Security Days” that brings them all together could offer additional insights, ideas, and best practices.

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