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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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  • Inside the Turkish Election

    By: Everett Price, Senior Policy Advisor With Contributions from Scott Rauland, Senior State Department Advisor On June 24, Turkey held its first presidential and parliamentary elections since the passage of controversial constitutional amendments last year that began Turkey’s transformation from a parliamentary to a presidential system. The victors in this election are to preside over the transition to this new form of government and begin to shape the operation of its revamped institutions. In accordance with its commitments as a participating State of the Organization for Security and Cooperation in Europe (OSCE), Turkey formally invited the OSCE to observe the vote. This invitation paved the way for the OSCE’s first-ever full-scale deployment of election observers to Turkey. Although the OSCE observed previous elections in Turkey—including last year’s constitutional referendum—it had never done so with a full complement of hundreds of short-term observers that deploy all over the country to record their observations on election day. In the absence of short-term observers, OSCE observation missions rely primarily on a smaller cohort of long-term observers who spend as much as a month in the country monitoring every dimension of the campaign period and balloting. (Learn more about OSCE election observation.) Altogether, the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) deployed 22 long-term observers and more than 300 short-term observers to observe the election across the country. Most STOs are drawn from cadres of experienced volunteers offered by individual OSCE participating States. In addition, the parliamentary assemblies of the OSCE (OSCE PA) and Council of Europe (PACE) contributed 72 and 32 members of parliament and parliamentary staff, respectively, to serve as STOs. The U.S. Helsinki Commission regularly participates in OSCE PA election observation missions. What follows is a first-person account from two U.S. Helsinki Commission staff who served as short-term observers during the Turkish elections. These observations are not an authoritative account of the conduct of the Turkish election, however. Readers interested in such an account should review the OSCE’s official statement of preliminary findings and conclusions. In the days before the election, experts from the OSCE’s ODIHR and the OSCE PA organize a series of in-depth briefings in Ankara to acquaint short-term observers with the context and process for the coming vote. In opening these briefings, Mr. Ignacio Sanchez Amor, a Spanish parliamentarian tasked as the special coordinator and leader of the OSCE short-term observer mission, noted numerous ways in which this election was exceptional. Turks would be voting under a nearly two-year-old state of emergency imposed by the government following a failed coup attempt in July 2016. The state of emergency gave Turkish President Erdogan sweeping powers to rule by decree and authorized provincial governors to curtail basic freedoms, such as the freedom of movement and freedom of assembly. Presidential decrees purged tens of thousands of civil servants from their work, shuttered over a hundred news outlets, blocked thousands of websites, and contributed to the arrest of scores of independent journalists, often on dubious national security charges. Sanchez Amor further commented that the transition to a presidential system and the country’s newly-approved election laws made this election especially complex. Most of the constitutional amendments approved in last year’s referendum would take effect after the election. The victorious presidential candidate, for instance, would be the first to assume unprecedented executive powers that international monitors and the chairman of the U.S. Helsinki Commission, Sen. Roger Wicker (MS), criticized as undermining the separation of powers. Likewise, successful parliamentary candidates would take up seats in a somewhat neutered institution that is given no say in ministerial appointments and can be unilaterally dissolved by the president. One of the constitutional amendments abolished a previous prohibition on new electoral laws taking effect less than 12 months before an election. This meant that the June election would be governed by election regulations passed in November and March that President Erdogan and his ruling Justice and Development Party (AKP) had muscled through parliament without any opposition support. Opposition leaders sharply criticized provisions in the laws that allowed the government to relocate voting locations on security grounds, loosened rules governing the police presence around polling stations, and weakened protections against election fraud by admitting ballots that are missing a required polling station stamp. Sanchez Amor also expressed concern that one of the country’s major presidential candidates had been in pre-trial detention since November 2016 and was being forced to campaign from his jail cell. This treatment of Selahattin Demirtas, the presidential candidate for the pro-Kurdish Peoples’ Democratic Party (HDP), was one of many restrictions severely disadvantaging the HDP. Campaign banners of two opposition parties stretched across a primary avenue in downtown Ankara. The briefings we received from journalists, civil society organizations, and political parties largely focused on concerns that President Erdogan and the AKP enjoyed overwhelming and unfair advantages incompatible with a free and fair democratic process. Independent journalists noted that Turkey is the world’s largest jailer of reporters with approximately 150 behind bars. They further remarked on dramatic changes in Turkey’s media landscape in recent years that had seen nine out of 10 mainstream TV channels, and most of the print media, fall under the ownership of government aligned businessmen. As a result, the ruling party benefited from nearly wall-to-wall positive media coverage. Additionally, under recent legal changes the Supreme Election Board was stripped of its ability to impose penalties on broadcasters for violating regulations that mandate equal election coverage. All opposition parties complained about Turkey’s 10 percent election threshold—the highest in the world—that requires a party to garner 10 percent of the national vote to secure seats in parliament. During this election, they feared that the ruling party would manipulate the vote to deprive the pro-Kudish HDP of a ten percent share, allowing AKP as the likely runner-up in Kurdish-dominated areas to assume the seats forfeited by HDP. This would be the AKP’s quickest route to a commanding majority in the legislature.    Opposition party leaders warned that the government could use a combination of tactics to suppress the vote for HDP, particularly in the Kurdish southeast. The government had already announced that it had invoked its new authorities to relocate and merge nearly a thousand polling stations in the southeast for security reasons, affecting more than 150,000 voters. Election authorities could also use the admission of unstamped ballots to artificially diminish HDP’s share of the vote. In addition, several briefers noted that deadly violence could be used to intimidate voters. Indeed, less than two weeks before the election a campaign-related altercation in the south left three HDP supporters dead, along with the brother of an AKP candidate for parliament. Many briefers noted that the pro-government media had cast the AKP as the victim of the melee, where in reality the fight had been instigated and escalated by the ruling party’s side. The opposition’s indictment of the fairness of the election was met by an AKP-led campaign to smear those who might tarnish perceptions of the credibility of the outcome. The OSCE observation mission was one of the targets of this campaign. The government denied two OSCE PA parliamentarians entry to the country to participate in the election observation mission, citing political opinions they had expressed in the past. A government spokesperson decried the OSCE’s interim report on the election on June 15 as “political.” Additionally, just two days before the election, Turkey’s semi-official news agency published a story citing anonymous security sources that claimed OSCE observers planned to create “chaos” in the country. It was in this climate of heightened mutual suspicion between the ruling party and the opposition, and between the government and the OSCE observation mission, that we deployed to Istanbul to undertake our election day observation. We were assigned to observe the election at precincts in and around Sisli, a mixed-income neighborhood in central Istanbul that historically supports the secular opposition. Each precinct in Turkey contains numerous voting rooms, with a maximum of 400 voters assigned to each. In all we visited nine so-called ballot box committees (BBCs) in five precincts throughout the day. Sisli delivered its largest share of votes (48.7 percent) to Turkey’s leading secular opposition party CHP in the last parliamentary election in November 2015, and overwhelmingly opposed the transformational 2017 constitutional amendments (71.8 percent). Given the district’s political profile, it was unsurprising to find observers from CHP and other secular opposition parties deployed in full force at our first precinct where we observed the opening procedures for the polls. We arrived just before 7:00 a.m. as the ballot box committee (BBC) was assembling to open the sealed election materials and prepare for voting to begin. The seven-person BBC, chaired by a civil servant and composed of bureaucrats and political party representatives, began to count and record the number of ballot envelopes and presidential and parliamentary ballots—a tally that is important for later confirming that no election materials are unaccounted for.  The mood was serious but amiable and cooperative. With a solitary exception, BBC members worked together constructively without so much as a hint of their diverging political loyalties. Soon, an NGO observer (who was accredited as a political party observer, since there is no legal framework for NGO observation) appeared with a tray of traditional Turkish tea for everyone, observers and BBC members alike. (Tea stands were ubiquitous at the entrance to polling stations, fueling weary poll workers throughout the day and contributing to a generally festive atmosphere around the otherwise dreary school buildings.)  Voters congregate outside a polling station in central Istanbul on election day. Over steaming cups of black tea, the poll workers set about the onerous task of applying the BBC’s identifying ink stamp to each of the more than 300 envelopes and presidential and parliamentary ballots—nearly 1,000 stamps in all. Every BBC we visited that morning noted that they had labored well after the polls opened to complete this cumbersome but mandatory and important process. With two of their colleagues still engrossed in stamping and the eight o’clock opening just minutes away, the BBC’s other five members forged ahead with preparations, sealing the clear plastic ballot box with a wax stamp. More or less promptly at eight, the BBC chairwoman announced the opening of the polling station.  An elderly gentleman who had already shuffled through the open doorway before the announcement immediately presented his ID to receive his ballot papers. His punctual appearance quickly revealed the disorganization of this particular BBC, which had failed to organize the somewhat convoluted voting procedure into an orderly workflow.  Voters were to hand over their identification for confirmation against the printed voter rolls and then receive two oversized ballots for president and parliament, one undersized envelope, and a stamp to mark their choices. To cast their ballots, voters entered a curtained booth, marked one choice each for parliament and president, stuffed the large sheets into the small envelope, sealed it with a lick, and emerged to drop the envelope into the ballot box. Before departing, voters returned the stamp back to the BBC, signed the voter roll, and retrieved their identification and any bags or cellphones they left behind with the BBC. Keeping track of identification cards, remembering to provide all four necessary voting materials (two ballots, envelope, and stamp), and managing the coming and going of voters proved difficult for our first BBC. In just the first twenty minutes the chairwoman twice pulled open a voting booth’s privacy curtain to locate a misplaced ID and missing stamp—an act that should rarely—if ever—occur, since it can compromise the secrecy of the vote.  This procedural dysfunction may have slowed the vote and caused undue confusion for voters, but it had negligible if any implications for the outcome of the balloting. Indeed, the majority of other BBCs we visited were capably managed and all demonstrated admirable transparency. In each classroom we visited—and they were all classrooms—the BBC chair graciously welcomed us, answered our questions, and allowed us to review the voting materials. Political party and NGO observers were common and none complained of being restricted in their work on election day. By the end of the day we had grown particularly accustomed to the sight of observers from the HDP party. These observers were almost uniformly impressive, assertive, young, and female. It became clear that what is generally described simply as a “pro-Kurdish party” has developed political purchase far beyond the Kurdish-dominated southeast, attracting many young, progressive Turks concerned with the rights of women and minorities.  Presidential and parliamentary ballots and envelopes prepared for distribution to voters. In our experience, the transparency protected by professional BBCs and capable local observers was only undermined by skittish security services who seemed uneasy about the role of international observers. Under new election laws passed earlier this year, Turkish police were allowed to patrol closer to polling stations and—for the first time—enter voting rooms at the request of any citizen. One instance of police involvement we witnessed was legal and appropriate; in several other cases it appeared to overstep the prescribed bounds. At a polling station we visited in Gultepe, a more conservative neighborhood just outside Sisli, a heated argument erupted over a poll worker who allegedly exceeded his mandate in assisting a confused voter, sparking allegations of election interference. Consistent with their mandate, the police entered on at least three occasions during the prolonged shouting match to respond to the disturbance and to remove unauthorized people who had entered the voting room. These same police entered another time to exercise their prerogative to check our credentials but departed shortly after. As the day wore on, however, our interactions with the police grew more frequent and contentious. At another polling station in Sisli, police greeted us almost immediately upon our arrival and insisted on escorting us throughout the building. When we entered a voting room to conduct our observations, the police followed us in without any discernible invitation and sat down to watch us until we were through.  Arriving at our final polling station of the day, we were stopped at the entrance to have our credentials checked against a screenshot of approved individuals the policeman had received via the encrypted messaging application, WhatsApp. He informed us that several foreigners had been caught “posing as OSCE observers” so they were under orders to apply extra scrutiny. Although we were not on his screenshot, the officer relented after a few minutes’ delay and followed us inside while respecting the rules about entering the voting room. After a short break, we returned to the same polling station to witness the closing and counting procedure, but this time the police refused us entry. They said they had still not been able to find us on their list, despite our accreditation by the Supreme Electoral Board. With the five o’clock closing swiftly approaching, we insisted on the importance of entering before the polls closed. They offered that we could observe the voting room from the hallway, but we were obligated to decline since the OSCE’s methodology requires unfettered access to the polling area. At the last minute, they said we could observe from a designated area inside the room. Once inside the room, it turned out no such area existed and the police displayed no interest in enforcing one. In contravention of the rules, however, they remained standing directly behind us inside the room nearly the entire time. Consistent with OSCE observations across the country, vote counting at our BBC began promptly once the polls closed. In much the same sprit of cooperation we witnessed at the opening in another precinct, the members of this BBC worked smoothly together to perform the critical, final procedures: securing the voting materials and counting and recording the results.  The BBC’s genuine effort to conduct this process fairly and transparently was marred by some critical procedural errors and the persistent presence of the police, which risked undue oversight by the security services of a sensitive political process. Most procedural faults took place early on and introduced avoidable opportunities for mistakes or manipulation.  Rather than count the unused voting materials after the polls closed, for instance, the BBC departed from the prescribed procedure and counted them before the room was open to the public to observe the count. By depriving observers of the opportunity to verify this tally, the BBC undermined a safeguard that confirms the number of votes cast matches exactly the number of voters who participated.  Another significant oversight involved the BBC’s failure to enter crucial figures directly into the official register, known as a “protocol.” By having one member of the committee simply jot down the tallies of voting materials on a scrap piece of paper, the BBC failed to guard against subsequent mistakes in transcription or intentional alterations.  Oddly, the otherwise attentive and assertive political party observers in the room did not raise these issues with the BBC, possibly out of ignorance of the procedures or disinterest in the importance of these steps. They seemed most focused when it came to the centerpiece of the process: the all-important counting and adjudication of ballots.  In this, the BBC acquitted itself quite well—holding up each ballot in full view of all present, loudly announcing the vote, and recording it only once all were satisfied with the chairman’s judgment (i.e. valid, invalid, or blank).  U.S. Helsinki Commission Senior State Department Advisor Scott Rauland reviews voting materials with Ballot Box Committee members. Given the considerable pre-election controversy about the admission of unstamped ballots, it was surprising that no observer raised a question about whether the ballots or envelopes were appropriately imprinted with the BBC’s seal, which was often faint and on the reverse side of the papers. Late on the day of Turkey’s controversial 2017 constitutional referendum, the government unilaterally decided to count unstamped ballots despite the widespread understanding that the stamps protected against fraud. The number of admitted unstamped ballots last year allegedly accounted for the government’s slim margin of victory in that vote. As a result, opposition leaders protested earlier this year when the government used its absolute majority in the parliament to codify the validity of unstamped votes beginning with the 2018 presidential and parliamentary election. This decision created frustrating ambiguity about the need for the elaborate stamping process that tied up BBCs in the morning, sometimes for more than an hour.  The last steps of the vote count turned out to be the most cumbersome. The astonishingly analog voting process created numerous frustrations, significantly delaying delivery of the ballots to the District Electoral Board responsible for tabulating all the votes in Sisli before forwarding them to the Provincial Electoral Board that oversees a third of Istanbul. The chairperson was consumed for almost an hour manually copying detailed voting results onto nearly a dozen copies of the official protocol for distribution to political party representatives and observers. Another time-consuming process involved sealing all the ballots and sensitive voting materials in a cloth sack using twine and a wax seal. All present watched in quiet agony as the chairperson struggled to melt the nub of wax with a lighter, singing his fingers and nearly setting fire to the bag in the process. Out of the 250 votes counted in our BBC, leading opposition presidential candidate Muharram Ince prevailed with 65 percent of the vote and his party, CHP, took 50 percent of the parliamentary ballots. The simultaneous presidential and parliamentary election afforded voters the opportunity to split their votes between the two ballots. Specifically, many analysts speculated that opposition supporters would endorse Ince as the favored presidential candidate while casting a vote for HDP in the parliamentary election to help the party clear the ten percent threshold. The outcome in our BBC seemed to bear this theory out: Ince received 15 percent more support for president than his party did in the parliamentary vote, while HDP’s presidential candidate Demirtas secured only 4 percent in the presidential but his party garnered 24 percent in the parliamentary. Once counting was complete in all the precincts’ voting rooms, members of the BBCs boarded a municipal vehicle with the sealed sacks and official protocols for delivery to the District Electoral Board. Per OSCE instructions, we jumped into a separate vehicle to tail the municipal van through the narrow streets of Istanbul to the DEB to confirm the official results were delivered directly without interference.  A long line of vans packed with other BBCs was in front of the District Electoral Board waiting their turn to offload. When it came our turn I—accompanied by a police escort—followed the voting materials past heavily-armed guards and crowd control fencing into the building. It was a cramped but sprawling high-rise divided into a warren of small, austere rooms. A crush of poll workers pressed into the building’s narrow corridors trying to reach their designated room. In each room were half a dozen election workers waiting to receive election materials from every corner of the district, double-check the calculations in the protocol, and forward the results for district-level tabulation.  After verifying the secure delivery of our BBC’s materials, I sought to follow the process a step further. Instead, I was offered a meeting with the judge who chairs Sisli’s electoral board.  Supporters of President Erdogan and AKP celebrate their election victory in Taksim Square. It was now well past 9:00 p.m., more than four hours since the polls closed. The judge sat in his office watching two sets of election returns roll in: semi-official results were being broadcast via cable news on a large television across the room while a map on his computer screen that read “Supreme Election Board” was being populated with the official numbers. Although it was impossible for me to tell what discrepancy might have existed between the figures at that moment, opposition leaders were simultaneously turning to social media to reassure their supporters that pro-government media were broadcasting premature results to discourage them. These hopeful claims appear to have been inspired more by optimism than reality—the official results released the next day differed little from what the media was reporting in the evening. At least in central Istanbul, the election results at that time of night were still in the early stages of being compiled at the district level. The judge explained how in the coming hours the district’s protocols would be digitized, loaded onto a public website, and used to generate a district-level protocol of official election results. As chairman, his role would be to adjudicate disputes and discrepancies in the tabulation and certify the final results. Satisfied that I had followed the process as far as I could, our observation ended.  Around 10:00 p.m., President Erdogan declared victory. With 52.6 percent of the vote, he had won outright in the presidential election, avoiding a runoff with the leading secular opposition candidate by a comfortable margin. In parliament, AKP fell just short of an absolute majority for only the second time in its 16 years in power. The AKP’s election coalition partner, the nationalist MHP party, surprised many with its strong performance, earning 49 seats in the 600-seat parliament and easily supplying the six seats AKP needs to reach 301 votes in the legislature. Importantly, HDP cleared the ten percent threshold and will be the third-largest party in parliament with 67 seats behind CHP’s 146. Altogether, an impressive 86.2 percent of the population had participated in the vote. Over a late night dinner in a gentrifying secular neighborhood of Istanbul, I could hear some nearby diners discussing the election results with resignation over glasses of wine. Further off in the distance, the blaring of car horns announced the beginning of celebrations by the President’s supporters. I followed lines of cars festooned with Turkish flags and AKP banners as they streamed toward centrally-located Taksim Square. There, a spontaneous victory party had broken out. A jubilant AKP loyalist was being carried aloft, leading the gathering crowd in chants of “Allahu Akbar!” and “Recep Tayyip Erdogan!”  The evening stroll between these two contrasting scenes was a journey across a wide social and political chasm in Turkey—a chasm the president may choose to widen or narrow in his new mandate. Recent studies have revealed acute polarization within Turkish society that reflects high levels of social distrust and political intolerance. These ills present critical challenges for governance. During the campaign, President Erdogan pledged to lift the nearly two-year-old state of emergency upon his reelection. AKP statements since the election suggest that Erdogan may decline to renew the state of emergency when it expires on July 18. This would be an appropriate first step toward rebuilding trust and one the U.S. Helsinki Commission called for in an October 2017 letter to President Erdogan. But lifting the state of emergency might only be a superficial gesture if it is not accompanied by significant prisoner releases and amnesties—particularly for human rights defenders and journalists—as well as meaningful judicial reform to restore the credibility and independence of Turkey’s politicized justice system. In accordance with its mandate, the U.S. Helsinki Commission will continue to monitor Turkey’s implementation of its commitments as an OSCE participating State to respect human rights and democratic principles. In this most recent election the Turkish people demonstrated formidable levels of political participation and civic engagement. Now and in the future, the government must succeed where it has recently failed to ensure that all its citizens have an opportunity to participate in Turkish society and institutions on the basis of fundamental equality.   The morning after the election, a woman crosses Taksim Square.

  • Strengthening Our Democracies Through Inclusive Leadership: Transatlantic Inclusive Leaders Network Workshop 2018

    By Dr. Mischa Thompson, Senior Policy Advisor “I am proud of my country and the human rights and values it stands for. I fight so that these values can be for all.” – Anina Ciuciu, France’s first Romani Candidate for Senate, TILN 2018 From March 4-10, 2018, 32 young leaders representing 26 countries across Europe and the United States participated in the seventh annual Transatlantic Inclusion Leaders Network (TILN) workshop held in Brussels, Belgium.  Hosted by the German Marshall Fund of the United States (GMF) in partnership with the U.S. Helsinki Commission, U.S. State Department, and other stakeholders, TILN brought leaders together to learn from one another, expand their leadership skills, and offer a more inclusive vision for the world. As part of the workshop, TILN leaders joined the German Marshall Fund’s Brussels Forum Young Professionals Summit and engaged with senior officials of the U.S. and European public and private sector on issues ranging from tariffs and trade to Russia and counterterrorism.  The 2018 cohort focused on strategies to strengthen democracies amid increasing political polarization and to maintain a strong voice during times of transition.  As elected officials and civil society leaders under the age of 35, TILN participants stressed the importance of creating spaces for constructive dialogue and exchange across generations, political parties, and diverse sectors of society as key to a prosperous transatlantic future.   In the weeks following the workshop, previous TILN alumni led projects in Italy, the Netherlands, Germany, and Bosnia. These initiatives focused on developing national networks of young leaders to encourage more inclusive decision-making in increasingly diverse populations. 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 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 2018 Workshop Report. TILN 2018 Participants Raumesh Akbari | United States | Representative, State of Tennessee General Assembly András Büchler | Hungary | Head of Public Relations, Libri Publishing Group René Gögge | Germany | Member of State Parliament, Hamburg Abderrahmane Amajou | Italy | Coordinator, Slow Food International Godfrey Chimbganda | Ireland | Chairman, Youth Platform Project Ireland Natalia Sofia Guala Beathyate | Spain | International Programs Officer, Spanish National Organization of the Blind (ONCE) Eugen Balin | Germany | Attorney, Anwaltskanzlei Balin Legal Anina Ciuciu | France | Board Member, La Voix des Rroms Saida Hamouyehy | Italy | Communication Manager, Convergence Onlus Abdelkarim Bellafkih | Belgium | President, Federation of Moroccan Organizations Dave Ensberg | Netherlands | Chairman of the Executive Board, Foundation Biezonderwijs Danjel Hyseni | Albania | Youth Coordinator/Policy Advisor, Roma Active Albania Wesley Bellamy | United States | Council Member, City Council of Charlottesville, Virginia Alisa Flemming | United Kingdom | Councillor, Croydon Borough Council Filiz Keküllüoglu | Germany | Policy Officer & Head of Division of Integration, Senate Department for Education, Youth and Family in Berlin Davit Khazhakyan | Armenia | Member of City Council, Municipality of Yerevan Eduard Mihalas | Moldova | Program Analyst on Population and Development, United Nations Population Fund Pazilaiti Simayijiang | Finland | Vice Chair, Finish Feminist Party Elvira Kovács | Serbia | Member of Parliament, National Assembly of the Republic of Serbia Vasilena Mitsiadi | Greece | Mechanical Engineer, Municipality of Trikala Yasmine Taeb | United States | Legislative Director for Human Rights & Civil Liberties, Friends Committee on National Legislation; Committeewoman, Democratic National Committee Asllan Llunji | Montenegro | Advisor to the Mayor, Municipality of Ulcinj Branislav Nesovic | Kosovo | Associate Political Affairs Officer, United Nations Interim Administration Mission in Kosovo Rebecca ThompsonUnited StatesVice President, Deliver Strategies Nvard Margaryan | Armenia | President, PINK Armenia Ruslana Panukhnyk | Ukraine | Executive Director, KyivPride Robert Uribe | United States | Mayor of Douglas, Arizona Maryam Mejdi | France | Financial Analyst, Meridiam Sanaa Saitouli | France | Deputy Mayor of Cergy Sarah Whitehead | United Kingdom | Founder & Director, Community Pride CIC Tarik Mete | Austria | Deputy Head of Department, Social Insurance Institution of Salzburg Antonín Seidel | Czech Republic | City Counselor, Kralupy nad Vltavou

  • First Person: Arctic Security in Flux

    By Alex Tiersky, Senior Policy Advisor As the Helsinki Commission’s global security and political-military affairs policy advisor, I regularly travel to observe and evaluate changing security conditions that have a direct impact on the interests of the United States.  In May, following an invitation to join a group of senior U.S. security experts in Norway to study the security challenges of NATO’s northern flank, I found myself in one of the northernmost towns in the world: Longyearbyen, on the archipelago of Svalbard, Norway. The delegation of government officials, independent experts, and journalists was organized by the Atlantic Council of the United States. We met with a variety of government officials and non-governmental experts over two days in Oslo, before flying more than 1,200 miles north to Svalbard, an Arctic archipelago halfway between the Norwegian mainland and the North Pole. In Svalbard we met with the Norwegian Coast Guard, the Svabard Satellite Station (SvalSat), the Norwegian Polar Institute, and the Svalbard Governor’s office. Among the many strands emerging from the week of off-the-record discussions, several stood out as key takeaways. Maintaining Close Relations with U.S. and NATO Norway’s security is inextricably linked to its defense relationship with the United States and with NATO more broadly, interlocutors told us. This distinguishes Norway from its neighbors Sweden and Finland, both of which have sought to provide for their defense primarily on a national basis.  As a result, Norway puts a premium on predictability in its relationship with the United States and with NATO, and would consider any threat to NATO cohesion as a national security concern. Maintaining unity is among the highest Norwegian priorities for the July NATO Summit in Brussels. Norway will continue to invest carefully in its defense capabilities and in its relationship with the United States, we were told. Norwegian officials hailed the long-standing defense relationship, exemplified by the pre-positioning of U.S. Marine Corps equipment in Norway since the 1980s, and more recently by the $35B Norwegian purchase of F-35s. Norway also is purchasing new conventional submarines, and replacing aging P-3 Orion and DA-20 Jet Falcon maritime patrol aircraft with the Boeing-built P-8A. The presence of more than 300 U.S. Marines performing cold-weather training in Norway, while still politically sensitive, is seen as a success by most political parties and was recently extended by Norway through 2018.  Independent analysts suggested that there was a strong likelihood the arrangement would likely be extended beyond 2018—and quite possibly lengthened in duration to a multi-year agreement—as well as increased  to include greater numbers of Marines (a move that was subsequently publicly announced). Concerns over Russian Activities Russia’s increased military activities in the north featured prominently in our discussions.  Norway’s Russia policy will continue to rely on a dual-track policy of deterrence and reassurance vis-a-vis its neighbor to the east, interlocutors suggested. However, they underlined that Norway must consider the rapidly advancing capabilities of the Russian armed forces, even if they are not directed at Norwegian territory. Norway closely monitored the major Russian military exercise ZAPAD 2017, which I witnessed in person.  While the exercise did not result in the direst scenarios feared in the Baltic region, its components in the north were significant and raised many concerns.  During the maneuvers, Russian armed forces demonstrated an ability to move land forces over strategic distances quickly and stealthily; cover them with an anti-access/area-denial (A2AD) bubble through measures including electronic warfare (which impacted civilian air traffic in the area), and deploy a follow-on deterrent in the dual-capable (nuclear/conventional) ISKANDER tactical ballistic missile. In addition to the increased tempo of Russian operations in the north, one particular concern is a new class of Russian submarines, the Yasen-class, which demonstrates a greater capacity for stealth and formidable armament, potentially holding much of Europe and the North Atlantic sea lanes at risk. The strategic Russian Kola Peninsula, only 140 miles from Norwegian border, represents the largest concentration of non-western military power in the world, interlocutors reminded us. This area also represents the heart of the Russian “bastion defense” concept.  Norway’s unique location and relatively tension-free relations with Russia allow Norway to play an important role in providing its allies with important intelligence and situational awareness on Russian activities in the North Atlantic region. In a larger context, interlocutors suggested that we should anticipate that Russia will continue to develop its arctic coastline, rich in natural resources and with increasingly accessible shipping to Asian markets.  This development, they argued, including the reinforcement of military infrastructure and ice breakers, makes sense in the context of protecting and enabling this economic potential and need not be seen as threatening. Svalbard is accessible to citizens and companies from all signatories to the 1920 treaty granting full sovereignty to Norway, an agreement that also forbids naval bases and fortifications on the archipelago (but not creating what some have misunderstood as a “demilitarized zone”).  Its “extreme northern location” offers a number of advantages, the delegation learned at the Svabard Satellite Station (SvalSat), the world’s largest commercial ground station for satellite control.  The station provides satellite coverage to owners and operators of polar orbiting satellites, linked by fiber-optic communication links between Svalbard and mainland Norway. Rising Temperatures in the Arctic Norwegian interlocutors emphasized that the Arctic should be recognized by all Allies as NATO territory in the north. As a result, the rapid warming of the Arctic, and the acceleration of the changing climate in the region that was witnessed in Svalbard, merited Alliance-wide attention, they argued.  A senior Norwegian Polar Institute scientist who has worked in Svalbard for 30 years told the delegation that the temperature change in the Artic was measurable, demonstrated, and greater than even the most pessimistic predictions of only a few decades ago, a dynamic he attributed directly to levels of greenhouse gases in the atmosphere. The delegation had the opportunity to board a Norwegian Coast Guard vessel for a briefing on the guard’s responsibilities, which include monitoring an area seven times larger than the Norwegian mainland.  The distances involved posed significant challenges for the relatively small number of vessels to meet the Guard’s the goal of remaining “always present,” and fulfilling its responsibilities in the areas such as monitoring fisheries and search and rescue.  These challenges are becoming more acute, as the warming climate makes the waters increasingly accessible to maritime traffic of all sorts.

  • Inaugural PADWEEK Addresses Racial Discrimination across Europe

    On May 19, 2018, African-American Meghan Markle wed Prince Harry at St. George’s Chapel in Windsor, England. Black culture was celebrated throughout the event: Queen Elizabeth II’s first female black chaplain offered prayers, a black British choir sang African-American Ben E. King’s “Stand By Me,” and Chicago-based African-American Episcopalian bishop Michael Curry quoted civil rights icon Martin Luther King Jr. during his wedding address, preaching on “the power of love.” However, the public discussion leading up to the wedding was riddled with racial stereotyping and prejudice spurred by Markle’s biracial identity—her father is white and her mother is black. British news outlets were heavily criticized for racial insensitivity after commenting on Markle’s “unconventional family,” and using phrases like “unlikely pairing” to further differentiate between the prince and Markle. Unfortunately, racial bias is not confined to Markle—now Duchess of Sussex—but instead extends to many black people in Europe. According to four comprehensive reports from the Organization for Security and Cooperation in Europe, the European Commission, the EU Agency for Fundamental Rights, and Open Society Foundations, a significant percentage of the estimated 15–20 million people of African descent living in Europe have experienced high rates of prejudice and discrimination. Just days before the wedding, racial equality advocates from across Europe gathered in Brussels to address this problem. At the inaugural People of African Descent Week (PADWEEK), organized by the European Parliament Anti-Racism and Diversity Intergroup, Transatlantic Minority Political Leadership Conference, Each One Teach One, and the European Network Against Racism, more than 100 black European activists discussed current racial injustices in Europe and recommended ways for European leaders to respond to increasing hate and discrimination across the region. Attendees included black policymakers, business leaders, and human rights activists from across Europe. Helsinki Commissioners Rep. Alcee Hastings (FL-20) and Rep. Gwen Moore (WI-04) were two of nine honorary hosts. “Whether in America or Europe, we must all do more to uphold the democratic values of our nations,” Commissioner Hastings said in a statement. “Skin color should not determine one’s access to rights, protections, and opportunities in a democracy.” Though the agenda was full with discussions ranging from BREXIT to migration to Africa-EU relations, PADWEEK addressed issues of racial discrimination head-on and introduced new ways to find solutions. It called for change to a well-ingrained European system that has left black people by the wayside for centuries. Race and legal issues were raised repeatedly in discussions. German legal expert and human rights activist Thomas Ndindah called for justice for Oury Jalloh, an asylum seeker who burned to death in a German police cell while handcuffed to a mattress in 2005. Participants also questioned a so-called “Marshall Plan” for Africa, the name of which alludes to the American-European economic plan that helped rebuild Western Europe following World War II. Participants voiced concerns that African countries were not being viewed as equal partners in the negotiations or consulted on the name. Instead, many attendees viewed the plan as Europeans paying African governments to keep unwanted African migrants from reaching Europe, while at the same time purposefully attracting Africa’s highly skilled professionals to Europe. This raised one question: how would Africa benefit from this “Marshall Plan” for Africa if Africa’s brightest and best were contributing to countries elsewhere? The week ended with a list of recommendations from participants and a passionate speech by Mirielle Fanon-Mendes-France, daughter of twentieth century philosopher Frantz Fanon. She called on European institutions to deliver on longstanding promises to address the ongoing impact of colonialism and slavery on the present-day well-being of black Europeans. Recommendations from PADWEEK included: Recognizing the history of past injustices by adopting a European Black History Month and a Remembrance Day for victims of colonialism and enslavement Supporting empowerment and anti-discrimination initiatives by funding black-led civil and human rights organizations Adopting legislation in the European Parliament on an EU Framework for National Strategies for Equality and the Inclusion of People of African Descent in Europe

  • Azerbaijan’s 2018 Presidential Election

    On February 5, 2018, President Ilham Aliyev of Azerbaijan announced that the country’s presidential elections—originally scheduled for the fall—instead would be moved forward to April 11, 2018.  While some pro-government commentators offered more innocuous explanations for the move—such as aiming to avoid simultaneous presidential and parliamentary elections in 2025—many independent analysts saw it as a ploy to disadvantage the opposition. Since Azerbaijani law requires campaigning to cease 30 days prior to the vote, candidates had very little time to rally support. This constraint, among others, contributed to the mainstream opposition boycott of the election. The vote was the first since Azerbaijan passed constitutional amendments in a widely criticized popular referendum in September 2016 that extended the president’s term from five to seven years. Having done away with term limits in another set of constitutional amendments in 2009, President Aliyev used the snap election to secure his position until 2025. The official tally gave Aliyev 86 percent of the vote—he has never won with less than 84 percent. Since signing the founding document of the OSCE, the Helsinki Final Act, in 1992, no national vote in Azerbaijan has met the OSCE’s minimum requirements for a free and fair election. Nevertheless, consistent with its commitments as an OSCE participating State, Azerbaijan invited international observers to view the election.  The OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), the OSCE Parliamentary Assembly (OSCE PA) and the Parliamentary Assembly of the Council of Europe (PACE) all scrambled to assemble a robust Election Observation Mission (EOM) in Azerbaijan under difficult time constraints.  Two U.S. Helsinki Commission staff members joined the OSCE PA EOM. The article below summarizes their experience in Azerbaijan. By Scott Rauland, Senior State Department Advisor and Jordan Warlick, Office Director Briefings Reveal Shortcomings in the Field of Candidates and Lack of Media Access From the beginning, it was clear that the Government of Azerbaijan was paying lip service to established OSCE norms for holding elections without providing voters with the necessary conditions to make an informed choice free of coercion. For example, prior to the vote, we and other short-term members of the OSCE PA and PACE observation missions met with representatives of the eight candidates who had been approved by Azerbaijan’s Central Election Commission to run in the April 11 contest. During the 20-minute sessions with the candidates or their representatives, we heard almost nothing in the way of criticism of the sitting president, nor anything resembling a platform for running the country should they win. During briefings the following day, members of opposition parties, as well as representatives of civil society and the media, pointed out the gulf of approximately 1.9 million Azerbaijanis entered on voter registration lists (5.3 million), and the number of Azerbaijanis known to be of voting age (7.2 million).  Since voter registration is automatic—and all citizens who are 18 years of age by election day have the right to vote—his dramatic shortfall appeared to reflect the disenfranchisement of an astonishingly large number of Azerbaijani voters. In a separate briefing earlier, the Central Election Commission of Azerbaijan addressed this concern by claiming that the voter registration lists were published on the Internet, providing a maximum level of transparency. Civil society representatives were unanimous in their view that none of the “opposition” candidates running were real candidates. The best opposition leaders had either been imprisoned or were otherwise prevented from running, they explained. Several parties that civil society groups considered to be legitimate were boycotting the elections. Among the reasons they offered for the boycott was the fact that there were no real opposition parties in Parliament, no media freedom in Azerbaijan, and many political prisoners.  One opposition group, the Musavat Party, claimed that “clone” parties—such as the “Modern” Musavat Party, headed by Hafiz Hajiyev—had been set up to mimic true opposition parties. Hajiyev seemed to confirm those suspicions on election day by revealing that he himself had voted for President Aliyev.  He also reportedly expressed his hope that President Aliyev would return the favor by appointing him prime minister. Both civil society groups and political parties raised concerns about the potential for election fraud, due to the dramatic increase in use of de-registration voter cards (DVCs), which allow a voter to come off the voter roll in one polling station and to vote in another. We were told that while only 30,000 DVCs had been used in the previous election, 150,000 had been printed for the election on April 11. The discrepancy left many suspicious that DVCs could be abused by allowing voters to vote multiple times in different polling stations. Civil society representatives also were concerned about voter access to information, noting that restrictive laws and lack of funding made it nearly impossible to educate voters about their choices. They also found the lack of election commission reform frustrating, pointing out that both the European Court of Human Rights and the Council of Europe’s Venice Commission provided explicit recommendations to the Azerbaijani government following previous elections. Finally, they stated that the government’s claim that 50,000 people had been registered as observers was misleading, since many of the registered observers were state employees and could not be fair and impartial observers.  A journalist briefing the observers also drew attention to the 10 Azerbaijani journalists currently in prison, saying that the regime had “made telling the truth in Azerbaijan illegal.” Voting on April 11—Mostly by the Book On election day, 350 international observers deployed across the country. Our team was assigned to the Khatai district in eastern Baku. We watched the opening of one polling station at 7:00 a.m., observed voting in 14 different polling stations throughout the day, and witnessed the counting process at another precinct once the polls closed at 7:00 p.m. The Precinct Electoral Commissions (PECs) at all 16 locations were cooperative, and we could move freely around the polling stations to observe the entirety of the voting process.  The chairwoman of the PEC where we observed the opening was willing to answer every question we had, often going into great detail. While we were unrestricted in our ability to access polling sites, the spots in the polling stations reserved for observers were often poorly situated, being either in a corner out of direct sight of the registration tables, or in one case on another floor entirely. One irregularity we consistently observed related to guaranteeing that each voter cast only one vote. Voters were supposed to have their left thumb coated in invisible ink once they were processed to vote, and all voters were to have their left thumbs checked before entering a polling station to ensure they had not voted elsewhere.  One of the many problems with this method became obvious at the first polling station we visited, where the person checking voters’ thumbs was scanning the wrong hand.  Fellow OSCE PA observers noted that some voters showed up at the wrong polling station, where they had their thumbs sprayed in invisible ink. Once they were directed to the correct voting station, they were allowed to vote regardless of the invisible ink on their hands. Citizen “Observers” in Name Only During a pre-election briefing, the chair of the Central Electoral Commission proudly claimed that 57,313 Azerbaijanis had been registered as citizen observers—a large number in a country of only 9.7 million. The statistic presumably was intended to demonstrate that the elections would be both transparent and credible.  We soon noticed that few, if any, of these citizen observers paid attention to the voting. At almost every polling station, we found one or more observers who could not tell us what party they were representing.  They often had to check their observer ID cards to before replying; when we then asked them which candidate from that party was running for president—information not available on their observer IDs—many were stumped. The Polls Close—Let the Counting … and the Shenanigans … Begin While the polls were open, election regulations appeared to be broadly respected. However, at the precinct where we observed the counting process, vote tallies were rushed and established procedures were not followed.  For example, voter registration lists were not checked to determine how many people voted in that location—a figure that should have been compared to the number of ballots in the ballot box. Unused ballots were counted and destroyed according to the established procedure, but none of this information was entered onto the protocol, the written record of votes that is supposed to be maintained throughout the vote-counting process. Instead, poll workers opened the ballot boxes almost immediately after the unused ballots were destroyed. The ballots then were dumped onto a table in the middle of the room and quickly sorted into several piles.  We were allowed to approach and circle the table, and had good views of the ballots on every part of the table. Most—easily 80 percent to 90 percent of the ballots—ended up in one of several piles for President Aliyev. Of the non-Aliyev piles, the largest was for ballots which appeared to be spoiled.  One member of the PEC explained to us that although some ballots had several names marked, they would not necessarily be considered spoiled; instead, they would be discussed later. Unfortunately, to the best of our knowledge, that discussion never took place. In just over an hour, the protocol was hastily composed and finalized. Under Azerbaijani law, copies should be made available to bona fide observers; however, election officials declined to provide us with a copy. We then asked if we could at least take a photo of the protocol, and were told that the precinct would have to obtain permission from higher authorities.  We were not the only international observers who noted problems with the counting process. About 50 percent of OSCE PA observers determined that the count was either “bad” or “very bad,” well above the OSCE norm of 17 percent. Election Aftermath In a press conference in Baku the day after the election, observers from the OSCE/ODIHR, OSCE PA, and the Council of Europe Parliamentary Assembly announced that the presidential election in Azerbaijan took place “within a restrictive political environment and under laws that curtail fundamental rights and freedoms, which are prerequisites for genuine democratic elections.” “Against this backdrop and in the absence of pluralism, including in the media, the election lacked genuine competition,” they said. The preliminary statement from the three groups noted that other candidates refrained from directly challenging or criticizing the incumbent, and that no distinction was made between his campaign and his official activities. Observers reported widespread disregard for mandatory procedures, a lack of transparency, and numerous serious irregularities, including ballot box stuffing. More than half of the vote counts were assessed negatively, largely due to deliberate falsifications and an obvious disregard for procedures. At the same time, observers noted that the authorities were cooperative and international observers were able to operate freely in the pre-election period, and the election administration was well resourced and prepared the election efficiently. Announcing the conclusions, Portuguese parliamentarian Nilza de Sena said, “We have noted the positive attitude displayed by the national authorities of Azerbaijan towards international election observation, as well as the professional work of the Central Election Commission in the pre-election period. We stand ready to continue our co-operation and turn it into a joint effort to tackle the fundamental problems that a restrictive political and legal environment, which does not allow for genuine competition, poses for free elections.” The beginning of de Sena’s statement was interrupted by a pro-government journalist who surged threateningly towards the speakers, shouting angrily that the report had been prepared in advance and that its findings were all lies. It was clear that the pro-government journalist intended on disrupting the conference to distract from the content of the findings. The press conference was suspended until the atmosphere calmed and the representatives from ODIHR, OSCE PA, and PACE could deliver their statement. “A few weeks of campaigning during which candidates could present their views on television cannot make up for years during which restrictions on freedom of expression have stifled political debate,” said Margareta Kiener Nellen, Head of the Swiss delegation to the OSCE PA who led the 48-member OSCE PA delegation. “The OSCE Parliamentary Assembly will certainly continue to support all steps by the authorities that will bring the country forward on a path towards creating the open political environment necessary for truly free and fair elections.”

  • Helsinki Commissioner Richard Hudson Highlights Russian Aggression, Decline in Rule of Law in Turkey at Inter-Parliamentary Forum

    On February 22 and 23, 2018, approximately 240 parliamentarians from 53 countries in North America, Europe, and Central Asia met in Vienna, Austria for the 17th Winter Meeting of the OSCE Parliamentary Assembly. Helsinki Commissioner Rep. Richard Hudson (NC-08) represented the United States and actively advocated for U.S. positions and expressed U.S. concerns regarding challenges to security and cooperation in Europe, including Russia’s clear, gross, and uncorrected violations of Helsinki principles. Established in 1991, the OSCE PA is the parliamentary counterpart to the multilateral diplomacy that takes place under the auspices of the OSCE. By meeting each winter in Vienna—home of the OSCE Secretariat—the OSCE PA fosters parliamentary interaction with OSCE officials and the diplomatic representatives of the 57 participating States. The first OSCE PA meetings of the year, and second in importance only to the annual session held each summer, Winter Meetings allow parliamentarians to prepare their work for the coming year and debate issues of immediate concern. Rep. Hudson spoke in all formal sessions of the 2018 Winter Meeting and in the meeting of the Ad Hoc Committee on Countering Terrorism, where he serves as vice-chair. During the meeting’s opening session, he forcefully denounced Russian aggression against its neighbors and expressed strong support for the OSCE’s Special Monitoring Mission in Ukraine.   Addressing the OSCE leadership, he said, “The Kremlin needs to halt the violence in eastern Ukraine and withdraw all political, military, and financial support for its proxies, restore Ukrainian control over its international borders, and respect Ukraine’s territorial integrity and sovereignty. Moscow must also end its illegal occupation of Crimea. In short, President Putin needs to de-escalate his manufactured conflict.”  Later in the Winter Meeting, Rep. Hudson noted the third anniversary of the murder of Russian opposition activist Boris Nemtsov in Moscow. “Three years on, the organizers and masterminds of the Nemtsov assassination remain unidentified and at large,” he said. “The connection between [Russia’s] aggressive external behavior and the retreat from democracy and violation of human rights at home … in my view cannot be stressed strongly enough.”   Condemning the continued imprisonment of American citizen and fellow North Carolinian Pastor Andrew Brunson in Turkey, as well Turkey’s recent sentencing of NASA scientist Serkan Golge, Rep. Hudson called for their immediate release and a continued focus on outstanding human rights cases arising from President Erdogan’s assault on democracy in Turkey. He also supported greater energy security through diversification of sources, outlined the U.S. approach to the challenge of nuclear proliferation, and suggested ways for the OSCE more effectively counter terrorism. OSCE PA President George Tsereteli of Georgia, who recently visited New York and Washington, welcomed active U.S. engagement and credited the Helsinki Commission for turning OSCE PA efforts into diplomatic initiatives which can directly improve people’s lives. The next meeting of the OSCE PA will be its annual session, scheduled for Berlin, Germany, in early July.  

  • One Year Later, U.S. Consulate Employee in Turkey Remains Behind Bars

    By Everett Price, Policy Advisor One year ago today, Turkish authorities detained Hamza Uluçay, a 36-year veteran Turkish employee of the U.S. Consulate in the southern city of Adana. After decades of service to the United States, he spent the last year behind bars on unsubstantiated terrorism charges.    Authorities initially questioned Uluçay last February about his communications with local Kurdish contacts. Such communication with local contacts, including peaceful Kurdish groups, would have been a routine part of the U.S consulate’s work. Yet within hours of his initial detention, the Turkish press claimed that Uluçay was suspected of inciting public support for the PKK, or Kurdistan Workers’ Party, a U.S.-designated terrorist organization that has been engaged in a more than three-decade armed conflict with the Turkish state. After more than a week in custody, Uluçay was released for lack of sufficient evidence only to be re-detained hours later due to a prosecutor’s objections. This time Uluçay was formally arrested and faced graver charges. He stood accused of “membership in a terrorist organization,” a reference purportedly to the PKK and the Gulen movement, the religious and social movement the Turkish government accuses of orchestrating the failed coup in July 2016. Little is known about the prosecution’s evidence against Uluçay. According to Turkish press, authorities seized 21 U.S. dollar bills from Uluçay’s home. As seen in the case of imprisoned U.S. citizen and NASA scientist Serkan Golge, Turkish prosecutors regularly cite one dollar bills as “evidence” of a defendant’s involvement with the Gulen movement. The government claims that the founder of the movement and alleged coup mastermind, Pennsylvania-based Turkish cleric Fethullah Gulen, gave blessed dollar bills to his followers, particularly those with serial numbers beginning with “F” for “Fethullah.” Uluçay’s experience is another sobering reminder of the state of the rule of law in Turkey, where a single dollar bill can stand as “evidence” of terrorist activity.  Authorities also seized on Uluçay’s possession of books about Kurdish politics and terrorism: typical possessions for a political specialist whose job is to help American diplomats understand conditions in southeast Turkey. U.S. embassies and consulates around the world hire local staff like Uluçay to facilitate engagement with local contacts and to advise on political and cultural dynamics in the host country.  Since U.S. diplomats rotate among overseas posts every few years, locally employed staff (or LES, as they are known) often serve as important focal points of continuity and institutional memory in the work of a diplomatic mission. In Uluçay’s case, he offered successive rotations of American diplomats in Adana decades’ worth of established relationships and experience working with local groups and individuals.   As LES directly support U.S. diplomatic representation in a country, it is rare for host nation authorities to openly interfere with their work, least of all in countries with friendly relations with the United States. For this reason—and in the absence of credible evidence to support the serious allegations against him—the detention of Uluçay last February represented a significant diplomatic incident.  The affront was compounded seven months later when Turkish authorities detained another longtime Turkish employee of a U.S. consulate, this time in Istanbul. Metin Topuz was taken into custody on September 25 and shortly thereafter charged with “membership in a terrorist organization,” “gathering state secrets for espionage,” and “attempting to overthrow [the Government, Turkish National Assembly, and the Constitutional Order].”  Topuz had spent more than 20 years working for the U.S. consulate where he helped officers of the United States Drug Enforcement Administration liaise with Turkish counterparts. According to Turkish press reports, his official communications had brought him into contact with suspected Gulen-affiliated officers in the Turkish security services. Topuz, therefore, was accused of belonging to the so-called “Fethullah Terrorist Organization,” or “FETO.” U.S. officials tried in vain to obtain a credible justification from Turkish authorities for Topuz’s arrest only to see them target a second employee of the Istanbul Consulate General for arrest, Mete Canturk.  In response to these developments, on October 8 the United States announced the indefinite suspension of non-immigrant visa services in Turkey. Then-U.S. Ambassador to Turkey John Bass announced the decision in a videotaped statement, commenting, “Despite our best efforts to learn the reasons for [Topuz’s] arrest, we have been unable to determine why it occurred or what, if any, evidence exists against the employee.” “This arrest,” he continued, “has raised questions about whether the goal of some officials is to disrupt the long-standing cooperation between Turkey and the United States.”  The State Department resumed limited visa services in Turkey on November 6 and restored full services on December 28 after receiving assurances from Turkish authorities that no additional local employees were under investigation, that local staff will not be detained for performing their official duties, and that Turkish officials would provide the United States advanced warning of any future arrest. Nevertheless, both Uluçay and Topuz remain in custody to this day. In addition, on January 31, 2018 authorities placed Canturk, the other LES who was sought by authorities in October, under house arrest allegedly for links to the Gulen movement. Although formal charges have yet to be filed, he has been unable to return to work. The U.S. Helsinki Commission convened a hearing on November 15 to examine the deterioration of Turkey’s rule of law and the ongoing detention of Uluçay, Topuz, and several U.S. citizens on coup-related charges. In his testimony before the Commission, State Department Deputy Assistant Secretary for Turkey Jonathan R. Cohen stated, “It appears to us that Mr. Uluçay and Mr. Topuz were arrested for maintaining legitimate contacts with Turkish government and local officials and others in the context of their official duties on behalf of the U.S. government.” Helsinki Commissioners have raised their cases on several occasions and will continue to do so until they are released. In May, the Helsinki Commission’s bicameral, bipartisan leadership led a letter with the bipartisan House co-chairs of the Lantos Human Rights Commission urging President Trump to raise Uluçay’s case directly with President Erdogan during the latter’s official visit to Washington that month.  Later in the year, ten Commissioners wrote to Turkish President Erdogan calling on him to help swiftly resolve Uluçay and Topuz’s cases, among others. While chairing the Commission’s November hearing, Senate Commissioner Thom Tillis said, “The harassment and detention of our consulate staff has…overstepped the bounds of diplomatic conduct among partners.” Sen. Tillis clearly expressed that the United States should “not accept anything short of true and timely justice for our detained consulate staff and our citizens behind bars.” One year since his detention, justice for Hamza Uluçay—like others—remains a distant prospect.

  • A Call for Action against Anti-Semitism in Europe

    By Erika Schlager, Counsel for International Law, and Mischa Thompson, Senior Policy Advisor In commemoration of International Holocaust Remembrance Day, the OSCE Italian Chairmanship hosted an “International Conference on the Responsibility of States, Institutions, and Individuals in the Fight against Anti-Semitism in the OSCE Area” on January 29, 2018. More than 300 government officials and civil society leaders participated in the event, including ten cabinet-level Ministers from OSCE participating States. Ambassador Michael Kozak of the Department of State Bureau of Democracy, Human Rights, and Labor, represented the United States.  Reflecting the Chairmanship’s strong commitment to addressing anti-Semitism, the conference was held during the 80th anniversary of Italy’s adoption of the Italian Racial Laws, which restricted the rights of Italian Jews and the native inhabitants of the colonies. Conference participants raised concerns about the increasing power of anti-Semitic and xenophobic parties in France, Austria, Hungary, and Germany; anti-Semitic marches in Poland, Sweden, and the United States; and the safety and future of Jewish communities in Europe.  Several speakers voiced alarm regarding the a law passed in the Polish parliament on the eve of the conference, which is ostensibly intended to ensure accuracy when ascribing responsibility for the genocide perpetrated by Nazi Germany, particularly at death camps in German-occupied Poland. Critics argue that the bill will criminalize scholarship, journalism, and even first-hand observations regarding wartime crimes committed by Poles.  “Holocaust denial,” observed one participant, “should not be a state policy.” Ministers from a number of countries cited the importance of speaking out against anti-Semitism. They also stressed the value of using the expertise of the OSCE Chair-in-Office Personal Representatives and OSCE Office for Democratic Institutions and Human Rights’ tools on hate crimes, Jewish community security, tolerance and Holocaust education, and civil society capacity and coalition building. Several government representatives commented on their respective countries’ use of the International Holocaust Remembrance Alliance’s working definition of anti-Semitism as a useful guide for participating States and civil society to expand efforts to address rising intolerance. Non-governmental participants emphasized the important role of policymakers and government officials in speaking out against hate crimes and drafting and implementing laws to ensure that Jewish communities can live and worship in safety. Ensuring that individuals can practice the central tenets of their faith, from circumcision to kosher food preparation, without government impediments is central to freedom of worship.   Civil society groups, as well as representatives from Facebook and Google, discussed initiatives to address hate online, including the role of internet service providers in removing content that may violate terms of service or violate the law. Of particular concern were disinformation campaigns on social media that promulgate negative stereotypes about Jews and may foster prejudice. One speaker described the “Protocols of the Elders of Zion” as an early exemplar of “fake news,” and others stressed the importance of counter-narratives to address particularly problematic stereotypes and falsehoods. While artificial intelligence may have a future role in addressing content that may be legal but is still harmful, current technology does not provide solutions. A discussion of efforts targeting youth through education and sports featured Israeli Olympian Shaul Landansky and focused on the creation of environments in which anti-prejudice and anti-discrimination tools could be utilized, and at the same time bring diverse communities together. Such initiatives have the potential to broaden coalitions to address anti-Semitism and other forms of hatred.  OSCE Chair and Foreign Minister Angelino Alfano called for the OSCE to convene an annual anti-Semitism conference to commemorate International Holocaust Remembrance Day, and ensure a sustained focus on addressing anti-Semitism in the OSCE region. Slovakia, as the OSCE Chair-in-Office for 2019, has agreed to hold an anti-Semitism conference next January. Prior to the opening of the Chairmanship conference, Pope Francis granted an audience to delegates and speakers, citing the importance of “educat[ing] young generations to become actively involved in the struggle against hatred and discrimination.” His point was reiterated later in the day at the conference by young leader Alina Bricman of the European Union of Jewish students, who cited “treasuring inclusive societies” and “empowering youth to shape their communities” as key to a shared future. Members of the Helsinki Commission have long advanced solutions to address anti-Semitism. Ranking Commissioner Senator Ben Cardin serves as the OSCE Parliamentary Assembly’s first Special Representative on Anti-Semitism, Racism, and Intolerance.  "The growth in anti-Semitic and xenophobic political parties across Europe and North America that foster an environment of hate increase the urgency of this conference,” said Senator Cardin. “Acknowledging our common history of the Holocaust is essential but more must be done. It’s incumbent upon all civilized people to ensure that tools are in place to counter a resurgence of the fear and hate mongering — whether directed at old targets or new—that led to those tragic events in the first place." “I am deeply disappointed that on the eve of this conference the Polish parliament passed a law that may impede research, scholarship, journalism—even personal reflections—on the Holocaust subject to criminal penalties. While the stated purpose of this law is to improve more accurate statements about the Holocaust,  this is the wrong way to achieve that goal,” he said.

  • In Memoriam: Karen Lord (1967-2001)

    By Nathaniel Hurd, Senior Policy Advisor “All we have to decide is what to do with the time that is given us,” Gandalf says to Frodo in The Fellowship of the Ring by J.R.R. Tolkien. Helsinki Commission colleague Karen Lord relished the writings of Tolkien and beautifully lived the time given to her before dying of cancer at the age of 33. She served as Counsel for Religious Freedom at the Helsinki Commission from 1995 to 2001, and defended people of all faith even from her hospital bed. On the 17th anniversary of her death, the Commission wants to give her family, friends, current and former Commissioners, and former colleagues the opportunity to commemorate her life and work in their words now. If you knew Karen, and want to send us a reflection to add to this tribute, please email info@csce.gov. Family Life Karen was born November 10, 1967, in Columbus, Ohio, to Dr. Raymond and Arija Lord, and was the eldest of three sisters; Ellen joined the family in 1968 and Diane in 1970. Devout Christians, the Lords moved to Haiti as missionaries when Karen was four years old, where Dr. Lord practiced medicine. They returned to the United States when she was six and settled in Portage, Michigan. Ellen notes, “We looked a lot alike. I learned to ‘answer’ to my sisters’ names since people often mistook us for one of the other two ‘Lord sisters.’ The three of us were always very close growing up. I remember getting along quite well with both of my sisters, and have always considered them among my very best friends.” Diane adds, “I was always proud to be known as the ‘Lord sisters.’” Ellen continues, “Karen was the quintessential ‘big sister’—she seemed to always be able to get her way and talk everyone into the big ideas for lots of fun. “She was the trailblazer for child-rearing for my parents and I think she made it easy for them, and definitely made it easy for her two younger sisters. She somehow was also able to talk my parents into and out of lots of things that she wanted to do (or not do), a skill which she continued to use throughout her life.” “Growing up, Karen was a leader,” Diane agrees. “I remember in middle school on the bus she stood up to a boy who was bullying her and others. Unfortunately for him, he tried to hit her and broke his arm on her head!” Dr. Lord recalls, “Karen was a happy girl and enjoyed school. She was consistent in getting her homework finished, usually ahead of time. In high school Karen was elected to the Student Council for three years. Karen was also on the school volleyball team.” “When she was elected to be on the Homecoming Court her senior year, she called herself the ‘Queen of the Geeks,’ as she did not run with the popular crowd,” says Diane. Diane also recalls the strong convictions, sense of wonder, and commitment to reason that would animate Karen’s relationships with her family, friends, and defense of religious freedom. “Throughout her life, she always surrounded herself with wonderful, interesting, and dynamic people—I thought the world of all of her friends. Early on, she had strong convictions and she always asked questions. She had questions about how the Bible was interpreted and things our church taught. She engaged our youth group, our parents, and Ellen and I in conversations that encouraged us to think more deeply about our faith. She did not settle for ‘status quo’ if things did not seem right to her,” she says. “I looked up to her as my oldest sister and remember gaining confidence from her example to speak and have my own opinions. Having a conversation with Karen meant you had to know what you were talking about because she always asked questions and probed for your perspective on things from politics to religion to relationships. She pushed me in a good way and made me feel as though what I thought really mattered.” University Years Karen entered Wheaton College, a Christian liberal arts college in Illinois, in the fall of 1985 and graduated in 1989. Ellen says, “I had the privilege of also attending there a year later. Karen made a point to make me feel welcome on campus. Her friends in high school and college were always my friends, too. In fact, we lived together in a house of eight women when I was a junior and she was a senior (ironically, we named it ‘The White House’) and had a wonderful time—we kept this particular group of friendships going even after college and have gotten together every few years to catch up and reminisce.” “While in college, Karen thought deeply about what she was learning as a political science major. She wanted to do something with her life that made a difference. Karen made friends with many people, some of whom were very different from her. She always challenged her friends with good questions that would spark wonderful conversations. Karen made people think about why they thought what they thought, or why they did what they did. She was not afraid to talk to a friend when their life was inconsistent with their beliefs, and people appreciated that she cared enough to say something,” she adds. One of these friends at Wheaton, Patrice (Trichian) Maljanian, became her best friend outside of her sisters and was later her housemate in Washington, D.C. Patrice recollects, “My first memory of Karen was in either Old Testament or New Testament archaeology with Dr. [Alfred] Hoerth. She would share with the class the cookies her mother sent her and I thought that was so generous of her. “When I served as the DJ for the [Wheaton College] radio station, WETN, she was the newscaster—basically she read the AP wire news during the news breaks. We would visit a little bit in between sessions, but we really connected over a meal early our senior year. As we were eating, we discovered all these, ‘me too’ things we shared in common. Our last and most significant desire was that we wanted to be in a Bible study and prayer group and so we decided to do this together. Once a week she came over to the house where I was living and we studied the names of God and prayed.” When Karen applied to law schools, Patrice says, “Her biggest prayer request was for law school applications clarity about where God wanted her to attend. When Karen’s acceptance to American University came, she was surrounded by friends. We all jumped up and down in the Memorial Student Center and celebrated. Once the fray had subsided, she looked at me and asked, ‘Why don’t you come with me?’ Thus, our adventure began.” Life in Washington “Our first little apartment was in McLean Gardens on Wisconsin Avenue in Washington, D.C., just down the street a bit from American University,” Patrice says. “We lived there for about two years and then moved to Lyon Village in Arlington because I was starting my master’s program at Marymount University.” Ellen says, “When Karen moved to D.C. for law school and then settled there, it was always a treat to visit her. We always went and did interesting things and met her interesting and influential friends. “She loved hiking and the outdoors, and loved the fact the D.C. was near to the mountains and the ocean. She loved to travel and enjoyed trips with her friends to other countries to explore different cultures and experiences. She and I took a few trips together before I got married.” Patrice notes, “We lived together for six years. Our apartment quickly became a central location for dinner parties because we liked to entertain so much. On Sunday evenings we attended a prayer and praise night at Rich Vartain’s house on Capitol Hill. This quiet, yet beautiful time of worship was one of the reasons that Karen learned how to play the guitar. She also picked it up during law school finals because it was a very constructive diversion from the stress of exams.” Ellen says, “She loved life. She loved Jesus. She loved her work. She saw God’s hand in all things, including His creation, and in art, literature and science. Her bookshelves held law books right next to books by great Christian authors (C.S. Lewis, Andrew Murray), and books such as Winnie the Pooh by A.A. Milne.” “Sunday afternoons we were either walking on the Chesapeake and Ohio Canal or biking near Middleburg with friends,” Patrice remembers. “Karen rode her bike to school often. I bought a bike also so that we could ride together on the weekends. We loved the Rock Creek Parkway in the autumn because the golden leaves would float across our path. Sunday nights were pretty sacred for us. After praise and prayer in the winter, we would come back to our D.C. apartment, sit by the fire, read, listen to Enya, and munch on popcorn. The popcorn is a Lord family tradition and we have adopted it in our household as well.” Karen graduated from American University Washington College of Law in 1992 and was admitted to the Maryland state bar. She soon became a staff lawyer for Advocates International, a Christian legal organization founded by Sam Ericsson, JD, in 1991. The stated mission is “encouraging and enabling Advocates to meet locally, organize nationally, cooperate regionally and link globally to promote justice, rule of law, religious freedom, reconciliation and integrity…AI’s global network informally links…lawyers, law professors, jurists, law students and other law professionals and their colleagues in…cities, towns and law schools.” In a 2001 tribute, Ericsson, who died in 2011, noted, “At the time, Advocates was too small to support even one full-time lawyer, so to make ends meet, Karen and I practiced immigration law.” The Helsinki Commission Karen worked at Advocates International for two years before becoming the Counsel for Freedom of Religion at the Helsinki Commission in 1995, where she remained until her death. At the Helsinki Commission, Karen dedicated herself to defending the religious freedom of persecuted people of all faiths. She was resolute in helping participating States of the Organization for Security and Cooperation in Europe keep their commitments to religious freedom and holding them accountable when they violated them. As part of her studies at Wheaton, Dr. Lord notes, “During summers the political science department offered a study trip to several capitals of Europe, including Russia, where the group studied the different forms of government with interviews with officials in each site. This was a very impressive experience for Karen and a preparation experience the suited her for what she did at the Helsinki Commission.” Diane recalls, “Karen felt passionate about her work at the Helsinki Commission and really felt a sense of urgency and a desire to be a voice for people whose voices were not heard. Just as she was standing up for kids being bullied in middle school, she was 100 percent invested in her work and felt called to stand up for those being persecuted. Karen often would ask us to pray for people in prison or for situations she was working on.” Patrice says, “Karen would share prayer requests for these precious people when we met for Covenant Group, and I remember her extensive travels related to the Helsinki Commission. I distinctly remember her advocacy work in Germany for the Mormons. She spent time working with them and was just as vigorous in pursuing their religiously liberty as she would for Christians. Her work to defend freedom was very important to her. It is hard to explain, but sometimes she would actually feel the despair of those who were suffering—these were dark times for her that led her to wrestle with God in prayer.” Ellen adds, “I remember Karen talking about her work when she was at the Helsinki Commission, and she would keep us informed about the latest things she was doing to advocate for people of faith all around the world. “Karen was young and beautiful and blonde, and wickedly smart and articulate. “Somehow she was able to sit at the same table as stodgy older gentlemen in foreign countries, and get them to see her points and agree to champion religious liberty. It was similar to how she always seemed to talk us into her good ideas as children and young adults!” Taken Young Cancer was with Karen almost as long as she was with the Commission. “Her diagnosis of cancer was a complete shock at age 29,” says Ellen. Yet despite her diagnosis and new reality, Patrice recalls, “Karen radiated joy in every area of her life—even in this professional side which, for her, was intertwined with her calling to serve Christ and His church. Even when she was sick and had to travel to places like Poland, she exuded a steadfastness and contentment in fulfilling her mission.” “I picked her up from Dulles once with friends and, to be honest, I was worried about whether or not the trip was a good idea given her condition,” Patrice continues. “When we found her in baggage claim, she was glowing, tired but glowing, because she was doing what she loved. The Lord sustained her in amazing ways so that she could continue doing what He was calling her to do. After every cycle of chemotherapy Karen would go on a victory tour. She loved celebrating life in any form, big or small. Sometimes it would be a piece of dark chocolate or a trip to Portugal. Sometimes she gave gifts because that was another tangible form of celebration to her. She was quite lavish that way because she lived a grateful life and felt that she had more than enough, so why not share the excess.” Patrice adds, “Whether it was work or play, Karen pursued the ‘Good, the True and the Beautiful’ in everything. She was an avid reader and musician (beautiful voice, flute and guitar). Karen loved to hike and bike and camp. She and her family had a very deep and abiding love for each other—travelling, visiting in person or on the phone, vacationing together. I was privileged to be included on many of these wonderful experiences.” Diane remembers, “Even after Karen was diagnosed and going through chemotherapy treatments, she would continue to travel and work with joy, knowing that this was her privilege and calling. I feel grateful that during the last years of her life we were able to travel together to the Netherlands as well as to Nova Scotia. "One special memory I have is sitting together on a cliff overlooking the Gulf of St. Lawrence watching eagles fly on the wind currents and feeling like time had stopped. "Unfortunately, the cancer did not stop spreading. The following summer Karen was with my husband and me at his family lake place in New Jersey, and Karen, despite her compromised lung capacity due to the cancer, swam across the lake with me. It was quite an achievement for someone in her condition, but she was determined. Now, every year to honor Karen, my girls and I swim across the lake in New Jersey to honor their Aunt Karen.” “She struggled through the hard questions with God while ill, but kept her faith. Even when she was ill, she still cared about her work, sometimes sending email and advocating for people of faith who were suffering across the world from her hospital bed,” observes Ellen. Dr. Lord, an oncologist from 1974 until his retirement in 2014, describes how the cancer progressed. “It was stage III at her first surgery. She had chemotherapy following her first surgery. There were a few months that she was ‘cancer free.’ However, there were clues that some of the blood tests were becoming abnormal. The tumor could be felt and Karen had to face that she would never have children.” “At the surgery, it became clear she had Stage IV colon cancer,” he explains. “She required radiation and then more chemotherapy. “At that time there was an immunologic study at Georgetown University. Karen asked me to help her in her decision as her father and as a medical oncologist. I flew to Washington so that I could visit the Georgetown doctor with her. It was learned that the immunological treatment required her to remain in Washington, D.C. She was scheduled to be in a meeting in Europe. So it was a question of staying in Washington for treatment versus attending the meeting in Europe. “The way Karen was feeling she figured the trip would be her last trip. The immunological study was in an early phase and immunotherapy was not very developed at that point. We had a long talk after the doctor’s visit. We prayed for wisdom (James 1:5). Karen decided not to take the immunotherapy but to make the trip to Europe and go to the meetings. “She did go and shortly after getting back she was getting short of breath and required oxygen. Karen started hospice and narcotics for the pain. Family members stayed with her in her apartment where she died about six weeks later. She was alert but very weak to the end.” Ellen recalls, “Karen lived through the treatments believing she might be healed but came to the conclusion that that would not happen. She wrote on January 15, 2001, ‘I am ready to go to heaven and end this struggle, and yet my heart longs to be here to be part of the battle.’” Diane shares, “I was in the room with her when she died. The night before when I was tucking her in, she said, ‘Goodbye’ to me, and when she woke up the next morning she asked me, ‘We’re still here?’ She voraciously ate a mango and then closed her eyes. I called to my dad to come in the room and minutes later he said to me that ‘this was it.’ We held her hands and sang the hymn ‘How Great Thou Art.’” Dr. Lord finishes the memory. “On the fourth verse of that hymn, ‘When Christ shall come…and take me home…,’ Karen stopped breathing forever.” Heartfelt Tributes On this 17th anniversary of her death, current and former Commissioners and colleagues pay tribute to her. “In her six years as a staffer on the Commission, Karen was an exemplary and trusted advisor on religious freedom. I relied on her advice and expertise, and she was a tireless and unyielding advocate for anyone persecuted for their beliefs. She performed her duties with grace, serenity, and nobility. Even while Karen physically weak and suffering from the ravages of cancer, she still fought for the fundamental rights of others, traveling to conferences on religious freedom and international law in Bulgaria and Azerbaijan. Not once did I hear her complain of her condition. We on the Commission still revere her heroic example of service for the vulnerable, and the suffering she bore with stoutheartedness and peace right up until the end. She is greatly missed.” Representative Chris Smith (NJ-04), Co-Chairman, Helsinki Commission “Helsinki Commission staff members are invaluable to our country’s defense of basic human rights and freedoms. Karen dedicated her life to people who were being persecuted for their faith. I am deeply grateful for her dedication and for embodying the best of America. My thoughts and prayers are with her family and friends on this anniversary of her passing.”    Senator Ben Cardin (MD), Ranking Senator, Helsinki Commission “Karen Lord, in her short life, had an outsized impact on religious freedom around the world. She was instrumental in making the freedom to worship—one of the Four Freedoms identified by President Franklin Roosevelt as fundamental to democracy—a core component of our foreign policy after the end of the Cold War. As a staffer for the Helsinki Commission, which I chaired, Karen worked tirelessly to ensure that the right of every individual and group to worship freely would be enshrined in American foreign policy doctrine and one of the pillars of global human rights. In this endeavor, she drew heavily on her own deep faith, which called her to a mission of protecting the faithful, no matter their creed. Her loss was a painful one for the Commission, for our country, and for the cause of freedom around the world.” Representative Steny Hoyer (MD-05), Democratic Whip and Helsinki Commissioner (1985-2002), including as Chairman/Co-Chairman (1985-1994) “Karen was a thoughtful Christian with a deep faith and a passion for human rights and religious liberty. She cared deeply for the oppressed, a quality I witnessed when I spoke with her in her capacity with the Helsinki Commission. Karen was at Wheaton College with my daughter Virginia and her husband Derrick and they remember her infectious joy which won her many friends.” Former Representative Frank Wolf (VA-10), Distinguished Senior Fellow of the 21st  Century Wilberforce Initiative, Helsinki Commissioner (1989-2006) and author of the International Religious Freedom Act of 1998 “Karen exercised a high professional standard for accuracy in advocacy on behalf of faith communities and individuals who faced retribution for their religious practice. She took the time that is required to develop rapport with those who had experienced great loss and trauma. She went to great lengths (and traveled to remote places) to hear the stories directly from those who were under fire and, like a good journalist, would double-check the details. She faithfully ‘bore witness’ to their stories and investigated the legal and policy context – all for the sake of determining what and how to take the most effective action. Her authentic and winsome spirit crossed many a cultural and language barrier in gathering the details and understanding the often tragic stories of people's lives. Karen’s critical thinking, combined with her legal prowess, led to sound policy recommendations, actionable responses by diplomats and Members of Congress, legislative provisions, and countless appeals made directly with Foreign Ministry officials, ambassadors, and government officials at the highest levels. Karen was a patient teacher. When engaging the religious, she helped individuals understand their basic human rights under national laws and international agreements. She trained religious leaders how to record and report the abuses they endured and empowered them with practical tools they could employ to make their cases heard within their own countries and on the international stage. When engaging Members of Congress and US Government officials, Karen respectfully educated her interlocutors about the rights of individual believers and religious communities. Her tenacity and engagement helped develop a cadre of advocates within our institutions, who in turn had an impact in their own spheres of influence. Throughout the hearings, the staff-level consultations and the extraordinary interactions with private sector advocacy groups that led to the crafting and eventual passage of the International Religious Freedom Act, Karen’s wise counsel and professional expertise had a profound influence on the final tone and provisions in the law. Karen had an open door policy and invited engagement with the wide range of advocacy organizations and communities of all faiths. Her humility was welcoming even when the points of view being shared were in extreme conflict. She practiced and lived out in her daily life the ideals of ‘religious freedom for all’ and ‘respecting the inherent dignity of every human being.’ I can remember many a meeting with officials from countries with abusive track records when Karen's preparation for the Member or her colleagues meant a consistent and firm yet respectful message was delivered without ambiguity.” Dorothy Taft, Executive Director of the Market Project and Chief of Staff/Deputy Chief of Staff of the Helsinki Commission (1995-2007) “Karen Lord was a sweet, wonderful young person of deep faith, wholly committed to the idea and practice of human rights. Helping those suffering persecution for their religious beliefs was not just her profession, it was her mission. She combined the utmost seriousness of purpose with a lightness of manner, and an innate kindness. Karen’s steadfast good cheer despite a grim diagnosis and poor prospects for recovery always amazed me. Only rarely did she even mention her illness; she carried on as if all was normal. She used to wear red colored pants that I enjoyed teasing her about. And so convincing was she that when her health finally failed, it came as an awful surprise. Her funeral service, with hundreds of mourners, demonstrated the love she earned among family, friends and colleagues. I remember her fondly, with sadness about her premature death. After so many years, it still seems hard to believe.” Michael Ochs, Staff Advisor at the Helsinki Commission (1987-2012) “Karen served as a stellar advocate on behalf of those persecuted and marginalized because of their religious beliefs. Informed by her own deeply held Christian faith, Karen was ever mindful of the inherent dignity of each person without distinction. She brought energy, passion and determination to her work at the Helsinki Commission to the end, striving for justice for those denied the fundamental right to profess and practice their religion.” Ron McNamara, Coordinator of Student Leadership Development at the Franciscan University of Steubenville and Director of International Policy at the Helsinki Commission (1986-2011) “Karen Lord is the reason I became involved in international religious freedom advocacy almost 20 years ago. As far as I’m aware, she was the first civil servant to work full time on international religious freedom issues for a U.S. government agency. She was a forerunner to all the various offices and positions that exist today, both within the US government and within the OSCE. While in law school, I was connected to her through mutual friends who knew I was attending the same D.C. law school she attended some years before. She encouraged me to apply for an internship at the Helsinki Commission to work with her, which was my first exposure to these issues. Almost 20 years later, I've committed my career to this work that she pioneered.” Knox Thames, Special Advisor for Religious Minorities in the Near East and South/Central Asia (State Department) and intern and then Counsel at the Helsinki Commission (2001-2007) “Karen was one of the most appealing coworkers in my long experience. It was neigh impossible not to be optimistic about the future when Karen would be part of it. Her memorial service — a standing-room event in a large church — was the most emotional outpouring of affection for a person I have ever participated in. Just typing these words, I weep in her memory.” Wayne Merry, Senior Fellow for Europe and Eurasia at the American Foreign Policy Council, and Senior State Department Advisor to the Helsinki Commission (1997-1998) “I first encountered Karen during 1996 in small, informal planning meetings with a few of us advocates who were trying to develop a better strategy to counter religious persecution abroad. Her commitment to the cause of protecting all people of faith made her a force of nature. Though she was one of the youngest in the room, she helped shape what would two years later become the International Religious Freedom Act.” Nina Shea, Director of the Center for Religious Freedom (Hudson Institute), former Commissioner of the U.S. Commission for International Religious Freedom (1999-2012) and former Director of the Center for Religious Freedom at Freedom House (1996-2006) “Karen had a clarity of vision that was unusual for her young age and was wise beyond her years. I remember watching her, thinking how true these two things were: That she was incredibly bold yet incredibly poised, and even while taking on large governments and power structures, she was unfazed. In a town which rewards equivocation, she was straight, kind, but very straight talking. And she had a passion which made you want to lean in and do something even if you already had too many things to do already. She was wildly convincing. I remember the time she came back from Tajikistan, giving me a rock from a decimated church. Because of that rock and Karen’s vivid stories of how that church had been bulldozed in front of the congregation, I was haunted for years afterward and still keep that rock on my shelf to this day. She was a consummate advocate, perfectly fashioned to do that early hard work when hardly anyone cared. I loved her for it and so did many others, too. I’m grateful to have called her both my friend and my dear, dear comrade.” Sharon Payt, Executive Director of the 21st Century Wilberforce Initiative and Legislative Assistant (1997-2002) for Senator Sam Brownback (KS), former Helsinki Commissioner (1999-2010; Chairman 2005-2006) and current U.S. Ambassador-at-Large for International Religious Freedom “Karen had a great impact on me personally but also on lives and situations in the Central Asia region. She was well liked; her personal care and winning personality led to lasting relationships. She was well respected because of her professionalism and passion for people and human rights. It led to her becoming well connected to make a difference.” Mats Tunehag, Editorial Board of Business as Mission and Chairman of the Central Asia Consultation in the 1990s “Karen Lord was an exceptional voice for religious liberty and, for how she battled cancer and continued working to the end, I regard her as a saint. Some believe that the work I and other academics started doing with international institutions for religious liberty was some sort of conspiracy. The real story is different. One very cold day I and Gordon Melton, then a Research Specialist in the Department of Religious Studies at the University of California-Santa Barbara, were walking in Washington DC and realized we were passing by the offices of the U.S. Helsinki Commission. We didn’t have an appointment but decided to enter and introduce ourselves (the fact that it was bloody cold outside was also a factor). We were received by young and shiny Karen Lord, who explained to us the many useful things academics can do to advocate for religious liberty at the OSCE, UN and other international institutions. Our cooperation was too short.  I am very glad that in a government page there is such a fitting tribute to her.” Massimo Introvigne, Former Personal Representative of the OSCE Chairperson-in-Office on Combating Racism, Xenophobia and Discrimination, also Focusing on Intolerance and Discrimination against Christians and Members of Other Religions (2011) “Karen and worked together at Advocates International prior to her days at the CSCE and fondly remember her never say never attitude when it came to getting things done on behalf of those persecuted for their religious beliefs. She was a bright young lawyer and advocate and Advocates International is honored to consider her one of our own. She was taken too soon, but her impact is a lasting legacy. She is now with the great cloud of witnesses, cheering us on.” Brent McBurney, President and CEO, Advocates International “The first thing I think of when I think of Karen Lord is a song called ‘Testify to Love.’ ‘For as long as I shall live, I will testify to Love. I’ll be a witness in the silences when words are not enough. With every breath I take, I will give thanks to God above. For as long as I shall live, I will testify to Love.’ That was Karen. I met her in the late 90s when a number of us from different organizations were working on religious freedom issues such as the International Day of Prayer for the Persecuted Church and the International Religious Freedom Act. Karen was an invaluable part of this , both because of her wisdom, but even more because of her indomitable spirit. I thank God for Karen, her love for people and for freedom. I still mourn her death – getting weepy reading the Helsinki Commission’s beautiful tribute – but I know that she was welcomed by a great cloud of witnesses, martyrs and other faithful, and with them she now cheers us on.” Faith McDonnell, Director, Religious Liberty Program and Church Alliance for a New Sudan, The Institute on Religion and Democracy Her friend Patrice concludes, “Karen lived and loved large. She loved Jesus. She loved people. She loved worship and prayer. She loved C.S. Lewis and Narnia, Frederick Buechner and J.R.R. Tolkien. She loved dark chocolate and salads and good conversation. We would spend hours talking at night on our beds. Sometimes she would play her guitar and we would sing in harmony. We could finish each other’s sentences, sit together in silence, blast our music and dance—we were having the time of our lives.” “Karen was God’s gift to me in so many ways. She taught me how to love God’s creation and camp, hike and breathe in His beauty. Instead of staying in the cabins during our Front Royal church retreats, we would stay in a tent in the meadow and brag to everyone about how well we slept! She loved to spend time alone with God.” “One of my favorite memories of her is seeing her sit in the blue papasan chair in our ‘spare room’ in our Arlington apartment looking out at the hill of ivy. I still have that chair and that cushion. It is Auntie Karen’s chair, I tell my kids, so take care of it. “I talk about Auntie Karen to my kids all the time because they need to know how she, as God’s instrument, shaped me. There is a void in this life because she is not here with us, but Heaven is richer for it.” In her final reflection, Ellen says “Karen loved being an aunt to my children, although she passed away when my oldest was two and my middle child was nine months old. I miss her every day. I have multiple items around my house that she had brought home on her travels to other countries which I look at daily and think of the privilege I had being her sister.” Diane closes, “Karen’s life, although short, was an inspiration to me – and continues to be – and I feel very grateful that she was my sister.”

  • The Ongoing Tragedy of International Parental Child Abduction

    Each year, between 600 and 800 American children are taken from the United States by one parent without the consent of the other.  The parent left behind can only wonder if the children are safe, warm, well-fed, and loved, and what – if anything – their precious children are being told about them.  Many children are intentionally misled by the taking parent to hate and distrust the left-behind parent.  Abducted children also suffer tremendously from the abduction and the subsequent loss of contact with the left-behind parent.  Research shows that abducted children who are recovered often experience a range of serious short- and long-term emotional and psychological problems, including anxiety, eating disorders, nightmares, mood swings, sleep disturbances, aggressive behavior, resentment, guilt, and fearfulness.    In 1988, the United States became a party to the Hague Convention on the Civil Aspects of International Child Abduction, which seeks to deter parents from putting their children through the trauma of an international abduction by—absent a grave threat to a child’s well-being—returning abducted children back to their home country and home courts to determine the best interests of the child.  The Convention affirms that if a custody decision has already been made, it should not be re-litigated thousands of miles away in a foreign court. If a custody decision needs to be made, the courts in the home country are the courts with the best access to school records, police reports, neighbors, teachers, friends, and many other resources to help determine the child’s best interest.  The Convention also protects an abducted child’s relationship with the left-behind parent, requiring that a child should have access to the parent for the duration of court proceedings for return, and should have access to the parent even if the return is denied. Seven of eleven Partners for Cooperation, including Japan, are party to the Hague Convention, as are fifty-one of fifty-seven participating States, including Slovakia.   However, as the Cook and Frisancho families know all too well, securing implementation of the Convention can be a financially and emotionally draining nightmare. Japan James Cook learned just weeks ago that Japan has again failed to return his four children to him.  He has been kept from contact with them for more than three years in a family vacation-turned-abduction case.  More than two years ago, Japan’s high court ordered Cook’s ex-wife to return the children to their father in the U.S., per the Hague Convention. However, despite the court ruling, Japanese authorities failed to enforce the return decision for a year.  As a result, Mr. Cook spent thousands of dollars on legal fees and travel to Japan to fight for his children.  When the financial burden forced Mr. Cook to move to an apartment, Japanese courts revoked the return because they did not consider an apartment a “stable home”—a conclusion that would surprise the millions of families in Japan and the U.S. who live happily in apartments.   That conclusion also would surprise the writers of the Convention, who provided as an exception to return “grave threats that would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation”—situations that would include war, famine, a disease epidemic, or very serious abuse or neglect of the child from which the home country could not protect the child.    “Japan’s own Hague courts twice ordered return of my children, but Japan ignored the orders until they could find a way to revoke them,” said Mr. Cook. “I followed the rules, respected the process, and trusted in the Convention—but Japan remains the ‘black hole’ of child abduction.” Slovakia Dr. Augusto Frisancho knows all too well the heartache of winning in court, only to have enforcement of a judgment delayed until it is eventually reversed.  Dr. Frisancho, a medical doctor at the Johns Hopkins University, has not seen or even been allowed to speak to his three sons after their mother abducted them to Slovakia seven years ago.   Like Mr. Cook, Dr. Frisancho opted to use the Hague Convention rather than seek the criminal prosecution of his estranged spouse in the United States or Slovakia for kidnapping.  The Slovak courts ordered that his children be returned to the United States to resolve any custody questions.  Although the court order returning custody to Dr. Frisancho was—according to standard procedural rules governing such legal actions—final, a year later the decision was reversed in a closed-door proceeding from which Dr. Frisancho was excluded. Dr. Frisancho took his case to the European Court of Human Rights, which found unanimously that his rights had been violated by Slovakia.  Slovakia paid the court-imposed damage award and changed its laws on closed proceedings and appeals in abduction cases.   However, seven years after the abduction, Dr. Frisancho still has no access to his children, much less custody.  He has not even been given a photo of his children and relies on age-enhanced images from the National Center of Missing and Exploited Children to see a glimpse of what his children may look like today. When Slovakia ordered Dr. Frisancho’s estranged wife to bring the children to court to verify their well-being with a psychologist, she refused.  When Slovakia ordered her not to remove the children from Slovakia, she moved the children across the border into Hungary. Although the children regularly visit their grandparents in Slovakia and Dr. Frisancho’s estranged wife works in Slovakia, Slovakia has not enforced the court orders or ruled on Dr. Frisancho’s petition to finish the case.  Were Slovakia to finish the case, Dr. Frisancho could enforce the ruling in Hungary using the Brussels II Regulation.  As it is, Dr. Frisancho is facing the fact that he may have to translate thousands of pages of Slovakian court proceedings into Hungarian and restart his case in Hungary—losing more precious time with his children. “I want to see my children.  I want my children to know they have a father who loves them dearly and who prays every night that somehow this wrong to them will be righted,” said Dr. Frisancho.  “Despite every opportunity over 7 years, Slovakia has inexplicably failed to meet the two main goals of the Hague Convention—return and access.”

  • Austrian Chairmanship Achieves Consensus for Human Trafficking Prevention

    On December 8, 2017, the OSCE Ministerial Council approved two new cross-dimensional decisions to combat human trafficking.  One decision was led by the United States, Italy, and Belarus and focused on preventing child trafficking and other forms of sexual exploitation of children, particularly on the internet and in sex tourism. The Ministerial Council also passed a second decision, introduced by the 2017 Austrian Chairmanship of the OSCE, titled, “Strengthening Efforts to Prevent Trafficking in Human Beings.”   The decision addresses all forms of human trafficking and reflects key initiatives of the OSCE in recent years, especially those that encourage corporate responsibility for prevention of trafficking in supply chains. Examining Subcontractors Beginning with the responsibility of governments to ensure that goods and services for the government are purchased from trafficking-free sources, the decision commends “participating States that require contractors supplying goods and services to the government to take effective and appropriate steps to address the risks of human trafficking in their supply chains.”   Notably, the decision goes beyond the primary contracting entity and encourages governments to examine any intended subcontractors and employees., It reflects the reality that while a prime contractor may be trafficking-free, in an effort to cut costs and increase profit margins, work may be subcontracted out to less scrupulous vendors who may not be as aware of, or as concerned with, government requirements.    Addressing Vulnerability Factors The decision also addresses the precursors to human trafficking, commending participating States that prohibit contractors, subcontractors, and employees from “participating in activities known to lead to human trafficking.”  Many contract and subcontract provisions that may seem neutral on first glance in reality lead in whole or in part to situations of vulnerability to human trafficking.  For instance, in 2015, the United States banned the following practices in U.S. government contracts as relates to actions by the contractors, subcontractors, or employees as the actions were closely linked to human trafficking: Purchasing commercial sex. Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee’s identity or immigration documents without the employee’s consent. Failing to abide by any contractual provision to pay return transportation costs upon the end of employment for the purpose of pressuring an employee into continued employment. Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment. Charging recruited employees unreasonable placement or recruitment fees, or any such fee that violates the laws of the country from which an employee is recruited.  Providing or arrange housing that fails to meet host country housing and safety standards.    Using Government Contracts as Incentives Using government contracts as an incentive for businesses to undergo the auditing and policy overhauls required for clean supply chains, the decision ultimately calls on participating States to “take into account whether businesses are taking appropriate and effective steps to address the risks of human trafficking, including with regards to their subcontractors and employees, when considering the awarding of government contracts for goods and services.”    Historically, many governments have sought the least expensive contract for the most goods or services on the principle of using taxpayer funds efficiently—creating a perverse incentive for companies to turn a blind eye to human trafficking and its precursors.  The decision championed by the 2017 Austrian Chairmanship encourages participating States to reverse the incentive and reward with government contracts only to those companies that have done their due diligence to ensure trafficking-free supply chains.  This requirement reaches past the comparatively small number of businesses that receive government contracts and encourages all businesses competing for government contracts to clean their supply chains first. Strong implementation by OSCE participating States could set new industry standards where human trafficking and its precursors become significantly less profitable.    

  • Turkey: The World’s Largest Jailer of Journalists

    By Jordan Warlick, Policy Advisor and John Engelken, Intern The number of journalists imprisoned worldwide reached a record high in 2017, with 262 journalists behind bars. For the second consecutive year, the worst offender was Turkey, with 73 journalists imprisoned for their work.[1] These statistics come from the Committee to Protect Journalists, which released its annual “prison census” on December 13, 2017, based on numbers as of December 1, 2017. Media freedom in Turkey has long been restricted, but press freedoms in the country have declined precipitously since July 2016, when Turkish President Recep Tayyip Erdoğan imposed a state of emergency following the failed coup attempt against his government. The state of emergency gives the government sweeping authority to apprehend perceived enemies of the state and close and seize the assets of any institution deemed a national security threat. Using these powers, President Erdoğan has intensified his attacks against forces he deems threatening—journalists among them—to silence critics and monopolize the country’s political narrative. Though confronted with legitimate security concerns and challenges to his rule, Erdoğan has manipulated this political climate to his advantage. Under the pretext of national security, the Turkish government systematically targets journalists and independent voices by with terrorism-related charges, often drawing circumstantial connections between these individuals and terrorist organizations or the Gülen network – an organization the government claims was responsible for the 2016 coup attempt. At a November 2017 Helsinki Commission hearing, State Department Deputy Assistant Secretary for Europe and Eurasian Affairs Jonathan Cohen testified that the state of emergency “appears to have been used expansively to target many Turks with no connection to the coup attempt.” At the same hearing, Nate Schenkkan, Director of Freedom House’s Nations in Transit Project, testified to how the crackdown has targeted independent media. Since the state of emergency came into effect, Schenkkan said, “162 media outlets have been closed, including six news agencies, 48 newspapers, 20 magazines, 31 radio stations, 28 TV stations, and 29 publishing houses.” A recent spate of trials against journalists illustrates the poor media climate that plagues the country. According to a Reporters Without Borders (RSF) report, during the week of December 4 to December 11, 2017, a total of 68 journalists were due to appear in court in four different trials, a third of whom were already detained. Cumhürrıyet, Turkey’s oldest newspaper, has come under particular attack with journalists like Ahmet Şık, Emre İper, Murat Sabuncu, and Oğuz Güven detained or sentenced under baseless terrorism charges. RSF Turkey representative Erol Önderoğlu has been charged with “terrorist propaganda” along with two co-defendants, and his next court date is set for December 26. Though Turkey is a NATO ally and critical partner for the U.S. in numerous security and economic fields, its government’s ongoing attacks against free media are of grave concern, and the Helsinki Commission recently has sought to bring further attention to the worrying state of affairs in Turkey. In October 2017, 10 members of the Commission, including the Commission’s four senior leaders, sent a letter to President Erdogan calling on him to lift the state of emergency in the country. The Commission’s November 2017 hearing highlighted victims of the sweeping arrests since the coup, and in a staff-level briefing on internet freedom that same month, McCain Institute expert Berivan Orucoglu described the sharp decline of freedom on the net in Turkey.  In their October letter to the Turkish President, the Commissioners warned that “[t]he prolonged state of emergency is gravely undermining Turkey’s democratic institutions and the durability of our countries’ longstanding strategic partnership.” As a participating State of the Organization for Security and Cooperation in Europe, Turkey commits to preserving the rule of law, democratic institutions, and fundamental freedoms. Senator Thom Tillis, a member of the Commission, affirmed at the Commission’s November hearing that “our partnerships are strongest when they are rooted in shared principles.” In this spirit, the U.S. Helsinki Commission will continue to support U.S. and Turkish efforts aimed at restoring respect for free press, human rights, and democratic institutions in Turkey. [1] Statistics from the Committee to Protect Journalists are conservative compared to some other organizations, based on differing methodologies. Platform 24, for example, cites 152 imprisoned in Turkey.

  • Ambassador David Killion Retires from Helsinki Commission

      By Paul Massaro, Policy Advisor and Woody Atwood, Intern At the final 2017 hearing of the U.S. Helsinki Commission, Members of the Commission’s leadership recognized the retirement and lifetime of achievement of the Commission’s Chief of Staff Ambassador David Killion after 23 years of federal service. “Ambassador Killion’s leadership has contributed greatly to enhancing the stature and impact of our Commission as it develops U.S. policy responses to critical security threats in the OSCE region,” said Chairman Senator Roger Wicker (MS). “With his considerable diplomatic skills, he has also managed to keep our Commission unified, enabling us to speak with a strong voice when necessary on issues such as Russia’s violation of its Helsinki commitments. In addition, Ambassador Killion has extended Commission leadership to new and critically relevant policy areas such as the effort to combat kleptocracy.” Representative Chris Smith (NJ-04), Co-Chairman of the Helsinki Commission, thanked Ambassador Killion for his work at the Commission, and noted his long record of service with the House Committee on Foreign Affairs and as Ambassador to UNESCO. In particular, Representative Smith praised Ambassador Killion’s work to combat anti-Semitism in both roles. Senator Ben Cardin (MD), the Helsinki Commission’s Ranking Senator, joined the Chairman in thanking Ambassador Killion for his service to the Commission. “What we really love about this Commission and its work is that it’s never been partisan.  It’s been professional. And Mr. Killion has continued that legacy during extremely difficult, turbulent times,” he said. Ambassador Killion was jointly appointed as Chief of Staff by Senator Wicker and Senator Cardin in April 2014, shortly after Russia’s invasion of Crimea. From 2009 to 2014, he served as the U.S. Ambassador to the United Nations Educational, Scientific, and Cultural Organization (UNESCO). From 2001 to 2009, Ambassador Killion was the Senior Professional Staff Member for the U.S. House Committee on Foreign Affairs. He also served as Senior Legislative Management Officer in the Department of State’s Bureau of Legislative Affairs from 1996 to 2001. Photos Cover photo, from left: Bill Browder, Garry Kasparov, Ambassador David Killion, Senator Ben Cardin. In-text photo: Ambassador Killion surveys U.S. military preparedness in Lithuania.

  • Brexit: Parliamentary Perspectives

    On June 23, 2016, a majority of British citizens voted to leave the European Union (EU), in the so-called BREXIT referendum. Beyond its direct impact on both the United Kingdom (UK) and the European Union (EU), BREXIT has numerous implications for the entire OSCE region. Recent events in the U.S. Congress and European Parliament suggest that parliamentarians believe the impact could range from a weakened EU stance on human rights, to a stronger transatlantic alliance on economic matters, to little or no change in current U.S., EU, and OSCE security relationships.  Over the past few weeks, British Members of Parliament (MPs) have begun to engage in the arduous task of considering legislation to disentangle the UK from the EU.  What the Legislation Does The legislation, called the European Union (Withdrawal) Bill, would repeal the 1972 European Communities Act, which brought the UK into the EU.  Adoption of the withdrawal bill would allow EU law to be transposed into UK law to ensure continued consistency with EU rules and regulations on matters ranging from trade to workers’ rights following BREXIT. In addition, the bill would also empower Ministers and other government officials to make changes to UK law without the approval of Parliament in special cases, with the goal of streamlining bureaucratic processes.  Ideally, the bill would be adopted before March 2019 when the UK is scheduled to leave the EU. Challenges However, numerous complications surround passage of the bill.  First, parliamentarians are considering the bill even though a deal has yet to be finalized for the UK to leave the EU.  Talks between the UK and the EU set for December continue to focus on how much the UK is obligated to pay the EU upon departure; the new legal status  of EU citizens currently living and working in the UK, and vice versa; and trade and regulatory borders, in particular with Northern Ireland.  Currently, it appears that  border concerns with Ireland may have been resolved, costs may amount to close to 40 billion pounds, rights for EU and UK citizens will be preserved, and that the UK will also continue to be under the jurisdiction of the European Court of Justice… all of which should be officially determined during talks next week. Other issues also impact passage of the bill.  Parliamentarians are currently legislating without “BREXIT impact assessments” – information they say they need to forecast how BREXIT may impact a variety of sectors from industrial to finance.  Some MPs object to the legislation because empowering Ministers to make changes without the approval of Parliament could circumvent the standard checks-and-balances process, leading to weak legislation.  Other MPs want to ensure European Court of Justice and some other rules will still apply to the UK during the years it is expected it may take to transpose and/or write new laws to take the place of +20,000 EU laws, regulations, and other legal instruments that would otherwise cease to exist following BREXIT.  While many of these issues remain in question until a final agreement can be reached, ultimately UK MPs have the final vote on the UK’s withdrawal from EU.  As such, parliamentary perspectives on BREXIT continue to be front and center.  Recent BREXIT-Related Events in the U.S. Congress and European Parliament Parliamentarians and Commissioners Discuss Europe’s Changing Landscape and BREXIT Brexit: A Negotiation Update End of a fruitful dialogue? Impact of Brexit on Equality and anti-discrimination in the EU & UK Impact of Brexit on Equality and Anti-Discrimination in the EU & UK

  • 2017 OSCE Ministerial

    Foreign Ministers of the 57 OSCE participating States met in Vienna on December 7 and December 8, 2017 for the 24th OSCE Ministerial Council meeting. The United States was represented by Secretary of State Rex Tillerson, who in his statement described the OSCE as “an indispensable pillar of our common security architecture that bolsters peace and stability in Europe and Eurasia.” Secretary Tillerson focused much of his statement on the conflict in Ukraine, reiterating the United States’ commitment to Ukraine’s sovereignty, independence, and territorial integrity within its internationally recognized borders; calling for full implementation of the Minsk agreements; and confirming that Crimea-related sanctions will remain in place until Russia returns full control of the peninsula to Ukraine. In addition, he raised the importance of addressing radicalization and terrorism; the security consequences of irregular flows of migrants; and long-running conflicts in Georgia, Moldova, and Nagorno-Karabakh. The Ministerial Council adopted decisions on reducing the risk of conflict from the use of information and communication technologies; strengthening efforts to prevent trafficking in human beings; strengthening efforts to combat all forms of child trafficking and sexual exploitation of children; promoting economic participation; as well as a statement on the negotiations on the Transdniestrian settlement process in the “5+2” Format. Unfortunately, as has been the case for the past several years, the Ministerial Council was not able to reach consensus to adopt decisions in the human dimension, mainly due to Russian reluctance. Instead, 44 countries made a joint statement on human rights and fundamental freedoms, expressing concern about human rights and stressing the importance of civil society. Several  side events and other meetings took place on the margins of the Ministerial. Secretary Tillerson held several bilateral meetings, including one with Russian Foreign Minister Lavrov. The OSCE Parliamentary Assembly held a meeting of its Bureau, and the NGO-network Civic Solidarity Platform held its annual OSCE Parallel Civil Society Conference. Helsinki Commission staff served as members of the U.S. Delegation to the Ministerial.

  • The Legacy of Sergei Magnitsky

    By Woody Atwood, Intern In 2008, a Russian tax lawyer named Sergei Magnitsky representing Hermitage Capital Management in a dispute over alleged tax evasion discovered a $230 million fraud being committed by Russian law enforcement officers assigned to the case. Magnitsky reported the fraud to the authorities and was arrested soon after by the same officers he had accused. For almost a year, Magnitsky was held in squalid prison conditions, denied visits from his family, and beaten by guards. Despite developing serious cases of gallstones, pancreatitis, and cholecystitis, he was denied medical attention. On November 16, 2009, Sergei Magnitsky was beaten to death in his cell. He had been imprisoned for 358 days, just seven days short of the maximum legal pre-trial detention period in Russia. A year later, Sen. Ben Cardin (MD), then Chairman of the Helsinki Commission, introduced the Justice for Sergei Magnitsky Act, directing the U.S. Secretary of State to publish a list of individuals involved in Sergei’s detention and death, and enabling the government to deny these individuals entry to the United States and freeze their American assets. The bill was reintroduced in the next Congress as the Sergei Magnitsky Rule of Law Accountability Act. This version covered all individual who commit extrajudicial killings, torture or otherwise egregiously violate the human rights of activists or whistleblowers in Russia. Both houses of Congress passed the new bill in late 2012 as part of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act. On December 14, 2012, President Obama signed the Magnitsky Act into law, establishing severe consequences for the worst human rights violators in Russia. Just weeks after the passage of the Magnitsky Act, the Russian parliament and government responded by passing a law banning American families from adopting children from Russia. The law immediately terminated adoptions that were being processed, and many children, including children with serious disabilities, who were due to leave Russia were never able to join their American families. In 2013, the Russian government also issued a list of 18 American officials banned from entering Russia. In 2015, Sen. Cardin and Rep. Chris Smith (NJ-04), who was then chairing the Helsinki Commission, introduced the Global Magnitsky Human Rights Accountability Act to expand the authorities established by the original Magnitsky Act to include the worst human rights violators and those who commit significant acts of corruption around the world. The legislation required the President to annually issue a list of individuals sanctioned under it on Human Rights Day (December 10) or the soonest day thereafter when the full Congress is in session. The global version was passed in December 2016 as part of the National Defense Authorization Act for Fiscal Year 2017. The story of Sergei Magnitsky and the actions of the U.S. Congress have sparked a global movement to hold individual perpetrators accountable for their human rights violations and corruption. In the last year, Estonia, Canada, the United Kingdom, and Lithuania have all passed their own Magnitsky laws. In honor of Human Rights Day and the fifth anniversary of the Magnitsky Act, and to correspond to the deadline for the annual Global Magnitsky List, the U.S. Helsinki Commission is holding two events related to the legacy of Sergei Magnitsky. On Wednesday, December 13, at 3:00PM Commission staff will lead a public briefing on “Combating Kleptocracy with the Global Magnitsky Act,” and on Thursday, December 14, Commissioners will hear testimony on “The Magnitsky Act at Five: Assessing Accomplishments and Challenges.”

  • International Anti-Corruption Day 2017: Curtailing Kleptocracy

    By Paul Massaro, Policy Advisor and John Engelken, Intern On Saturday, December 9, the Helsinki Commission joins the United Nations and many others in recognizing International Anti-Corruption Day, which is of particular importance today given the ease with which illicit financial flows traverse national borders. International Anti-Corruption Day was established as part of the UN’s passage of the United Nations Convention against Corruption, which was adopted on October 31, 2003. This legally binding international agreement focuses on five key areas of anti-corruption policy: preventive measures, criminalization and law enforcement, international cooperation, asset recovery, and technical assistance and information exchange. Given corruption’s global nature, disproportionate victimization of economically vulnerable communities, and corrosion of democracy, human rights, and the rule of law, participating in anti-corruption efforts worldwide is a central responsibility of the Organization on Security and Cooperation in Europe (OSCE) and the U.S. Helsinki Commission. No form of corruption is so insidious as kleptocracy, or “rule by thieves.” Kleptocrats abuse the global financial system, moving massive wealth from their home countries to nations where the rule of law is more established; they then use these ill-gotten funds to finance crime and terrorism, fund extravagant lifestyles, and corrode political institutions from the inside out. The frequency with which kleptocratic regimes engage in corrupt activity and money-laundering to maintain political power and accumulate material wealth emphasizes the need for governments and international bodies to coordinate more closely and step up their work to root out corruption. It also emphasizes the need for countries where the rule of law is respected to adopt reforms that make it more difficult for kleptocrats to abuse their legal and financial frameworks. Encompassing a region that contains both corrupt kleptocracies that steal state and business assets and rule-of-law democracies in which those stolen assets are hidden, the OSCE is uniquely situated to confront the problem of corruption, and has taken on a number of commitments to do just that. In particular, the 2012 Dublin Declaration and the 2014 Basel Decision contain language calling for domestic reforms consistent with the rule of law and political transparency initiatives, in tandem with more concerted anti-corruption efforts. In addition, these texts contain commitments to combat the transnational money-laundering that makes grand corruption possible and encourage private firms to play a greater role in identifying and countering corruption. The U.S. Helsinki Commission regularly highlights the problem of corruption through public events, publications, and statements. In 2017 alone, the Commission has held four briefings on the issue – Countering Corruption in the OSCE Region: Returning Ill-Gotten Assets and Closing Safe Havens; Energy (In)Security in Russia’s Periphery; Kleptocrats of the Kremlin: Ties Between Business and Power in Russia; and Ukraine’s Fight against Corruption – as well as two Congressional hearings, The Romanian Anti-Corruption Process: Successes and Excesses and Combating Kleptocracy With Incorporation Transparency. In addition, the Commission has published two short thematic articles, Russia’s Weaponization of Corruption (And Western Complicity) and Beyond Pipelines: Breaking Russia’s Grip on Post-Soviet Energy Security, as well as a brief overview of corruption in Russia and an in-depth report on Ukraine’s fight against corruption. Finally, the Commission’s Chairman, Senator Roger Wicker, recently made a statement regarding Ukraine’s fight against corruption. On International Anti-Corruption Day, the Helsinki Commission remains committed to doing its part in the fight against corruption and applauds the efforts of other national, international, and non-governmental organizations doing the same.  

  • Chairman Wicker Honored with Mediterranean Leadership Award

    On November 15, 2017, Helsinki Commission Chairman Senator Roger Wicker (MS) was honored with the 2017 Mediterranean Leadership Award at the annual Transatlantic Economic Forum hosted by the Center for Transatlantic Relations at the Johns Hopkins University Paul H. Nitze School of Advanced International Studies (CTR-SAIS), in partnership with the U.S. Chamber of Commerce. To inspire further growth in regional and transatlantic cooperation, each year CTR-SAIS recognizes business, political, or civil society leaders whose actions and contributions lead towards a stable and prosperous Mediterranean. Other 2017 honorees include Omar A. Bahlaiwa, President, Optimum Business Consulting Bureau (OBCB), and member of the board of the Committee for International Trade (CIT), Kingdom of Saudi Arabia; Congressman Jeff Fortenberry (NE-01); Abdelmoumen Ould Kaddour, CEO, Sonatrach, Algeria; Steve Lutes, Vice President for the Middle East, U.S. Chamber of Commerce; Omar A. Mohanna, Chairman, Suez Cement Group of Companies, Egypt; Senator Chris Murphy (CT); and Zoran Zaev, Prime Minister, Republic of Macedonia.

  • Turkish Pressure on NGO Participation in the OSCE

    In September 2017, Turkey walked out of the annual OSCE Human Dimension Implementation Meeting (HDIM) in Warsaw to protest the registration of an NGO it claimed was a “terrorist” organization due to its alleged connections to Fethullah Gülen. Since then, Turkey has continued to protest the NGO’s participation in OSCE events, and boycotted two subsequent Supplementary Human Dimension Meetings in Vienna: one on the role of free media in the comprehensive approach to security, held from November 2 to November 3, and one on access to justice as a key element of the rule of law, held from November 16 to November 17. Under OSCE rules, the only grounds for excluding an NGO comes from the Helsinki 1992 Summit Document, which prohibits “persons or organizations which resort to the use of violence or publicly condone terrorism or the use of violence.” Turkey has demanded that the rule be renegotiated, and has implied that it might retaliate against the OSCE if the NGO continues to be allowed to attend OSCE events. NGOs are allowed to participate in the upcoming OSCE Ministerial, which will be held in Vienna on December 7 and December 8. It is unclear how Turkey will react should the same NGO register for that event.

  • Supplementary Human Dimension Meeting: The Role of Free Media in the Comprehensive Approach to Security

    By Jordan Warlick, Policy Advisor From November 2 to November 3, 2017, Helsinki Commission staff participated in the OSCE Supplementary Human Dimension Meeting on the Role of Free Media in the Comprehensive Approach to Security. Supplementary Human Dimension Meetings are convened a few times per year on specific subjects that are determined to deserve distinct focus by the Chairmanship-in-Office. Like the annual Human Dimension Implementation Meeting, Supplementary Human Dimension Meetings bring participating States and civil society actors together, facilitating dialogue on challenges to human rights issues in the OSCE region. The OSCE Representative on Freedom of the Media, Harlem Désir, identified this topic – the role of free media in the comprehensive approach to security – as one of his four priorities at the Human Dimension Implementation Meeting in September 2017: “My second priority will be to protect media freedom in the new security context….I fully support the efforts of governments to combat terrorism and create safer societies, but let me repeat this simple fact: there are ways to achieve these goals without compromising on our hard-fought fundamental freedoms.” Unfortunately, some governments in the OSCE region consider a free press to be a threat to national security, and worse, persecute or silence journalists in the name of the security. Certain governments and nationalists justify the censorship of journalists by labelling them unpatriotic, even enemies of the state.  Since the failed coup attempt Turkey, for example, hundreds of journalists have been arrested and media outlets shuttered on the basis of national security. The mere suspicion that citizens are part of the Gulenist movement – the group that the Turkish government blames for the coup attempt – can result in many years in prison, or even life sentences.  Journalists, as well as civil society as a whole, have been particularly targeted by terrorism-related charges. However, despite that freedom of expression and national security are often pitted against each other, the two are not mutually exclusive – in fact, they are complementary. An independent, free, and pluralistic media can play a role in peacebuilding and conflict prevention, countering prejudices or misperceptions, and preventing extremism and radicalization. Still, in a world where terrorists spread radical ideas, prejudiced organizations perpetuate intolerance, and government-sponsored bots disseminate misinformation, the tension between freedom of expression and national security seems greater than ever.   The conference featured three sessions: the first, on free media as a basis for European security; the second, on the role of the media in peacebuilding and conflict prevention; and the third, on the role of media in counteracting disinformation, “hate speech” and radicalization. Panelists and participants present discussed the tension between freedom of expression and security interests, the pressures independent media faces from this tension, and best practices for governments to uphold free media and expression commitments in this context. The OSCE takes a comprehensive approach to security, subscribing to the idea that political-military security, human rights, and economic governance are mutually reinforcing ideals. It is important to encourage dialogue on best practices to ensure that participating States remain true to the ideals that the OSCE was founded upon, despite sometimes challenging circumstances.

  • OSCE Parliamentary Delegation to Rabat Examines Morocco’s Strategy to Counter Violent Extremism

    From October 19 to October 20, 2017,  Helsinki Commission staff participated in a visit to Rabat, Morocco organized by Morocco’s upper house of Parliament—the House of Counselors—and the OSCE Parliamentary Assembly (PA) to discuss the so-called “Moroccan Approach” to countering violent extremism. In a series of meetings with legislative and government leaders and a special seminar hosted by the House of Councilors, the OSCE PA delegation learned about the role that Morocco’s constitutional monarchy, religious institutions, democratic reforms, and comprehensive migration strategy play in combatting the attraction and recruitment of youth by terrorist organizations. The delegation was led by OSCE PA Vice President Marietta Tidei (Italy) and featured the participation of MP Stephane Crusniere (Belgium), Vice-Chair of the OSCE PA Ad Hoc Committee on Countering Terrorism, and Senator Pascal Allizard (France), OSCE PA Special Representative on Mediterranean Affairs, among others. Parliamentarians and staffers from the legislatures of the participating States of the OSCE exchanged views with the President of the House of Counselors Hakim Benchamach, President of the House of Representatives Lahbib El-Malki, Minister Delegate to the Minister of Interior Nouredine Boutaib, Catholic Archbishop of Rabat Msgr. Vincent Landel, and Director of the Mohammed VI Institute for the Training of Imams Abdessalam Lazaar. These meetings and the attendant seminar underscored the centrality of Morocco’s constitutional monarchy to ordering religious belief and practice in the country. Morocco’s monarch, Muhammad VI, is a direct descendant of the Prophet Muhammad and possesses the title “Commander of the Faithful.” This title confers on him preeminent religious authority in the country and the responsibility to preside over the issuance of all religiously binding judgments, or fatwas. In his lecture during the conference, Professor Ahmed Abbadi, secretary general of the leading organization for Muslim scholars in Morocco, highlighted the Moroccan King’s religious authority as an antidote to the “cacophony of fatwas” he said afflicted much of the Islamic world beginning in the 20th century. Professor Abbadi described how the advent of cable television, the internet, and social media facilitated the proliferation of these religious judgments from religious scholars of all ideological persuasions and levels of education. Additionally, several authorities attributed Morocco’s success in countering violent extremism to the work of a network of ministries, religious organizations, and institutes that propagate the moderate interpretation of Islam championed by the King. Mr. Boutaib, Minister Delegate to the Minister of Interior, was among several officials who highlighted the focus in Moroccan religious institutions on promoting maqasid in scriptural explication, an approach that emphasizes the spiritual, moral, ethical, and social goals of religious belief and practice above literalist interpretation and formalistic piety. The delegation visited the Muhammad VI Institute for the Training of Imams where hundreds of imams and male and female religious guides—murshidin and murshidat—from across Morocco and Western and sub-Saharan Africa are brought on full-scholarship to deepen their understanding of this interpretation of the Islamic faith. Moroccan interlocutors also praised the King’s initiative to undertake significant democratic reforms during the Arab Spring as key to promoting social development and countering the attractiveness of extremist ideologies. “While other countries delayed reforms because of security concerns, Morocco persevered,” said House of Counselors President Benchamach. Among the most significant constitutional changes approved by referendum in 2011, the King is now required to name a prime minister from the largest party in parliament and the prime minister enjoys greater authority in running the government. The president of the lower house, Lahbib El-Malki told the OSCE PA delegation, “No security is possible without democracy and no cooperation is possible without security,” emphasizing the centrality of democracy to achieving these other strategic aims. As part of its effort to mitigate risk factors for radicalization, Morocco has focused on economic development domestically and in surrounding countries. These development efforts feature as part of the country’s self-described “comprehensive migration strategy” that directs development assistance to countries of origin, provides services and ensures the rights of migrants who take up residence in Morocco, and works to prevent irregular onward migration. Minister Delegate Boutaib and others touted Morocco’s “regularization” campaign in 2014 that allowed approximately 25,000 migrants to become legal residence of Morocco and to access services, education, housing, and the labor market. A second wave of this campaign began earlier this year and is ongoing. Despite overall confidence in the strength and sustainability of this multi-faceted approach to countering violent extremism, Moroccan officials expressed concern about continued challenges. In particular, several interlocutors described the danger posed by ungoverned expanses in the Sahel made worse by the ongoing conflict in Libya. They further cautioned that the territorial rout of ISIS in Syria and Iraq would likely only usher in new and more complex manifestations of the global jihadist threat. House of Representatives President El-Malki also warned of broader cultural and social trends that must be addressed in order to mitigate the attractiveness of extremist ideologies. He observed that modernity had succeeded in achieving great economic and technological advancements but left a more complicated legacy on the cultural and social level. El-Malki cited contemporary crises of identity and meaning that are playing out in many societies. Specifically, he counseled that the world cannot adopt a single culture; instead, he contended that “a plurality of cultures is a factor in stability.”  By hosting the OSCE PA delegation, the Kingdom of Morocco took an important step in advancing communication between the participating States of the OSCE and the six North African and Middle Eastern countries that comprise the Mediterranean Partners for Cooperation. While there are several opportunities every year for intergovernmental and inter-parliamentary exchanges with the Mediterranean Partners, this event provided a unique opportunity to examine at length the best practices and experience of one of the Partner States. In addition, the inter-parliamentary nature of the exchange suggests a promising avenue for further engagement. While many initiatives relating to the Mediterranean Partners have been stalled by a lack of consensus among OSCE participating States, the OSCE PA is not subject to the same consensus rule, placing it in a promising position to deepen communication and cooperation across the Mediterranean in the years to come.

  • International Day to End Impunity for Crimes against Journalists

    By Jordan Warlick, Staff Associate and Olivia Leggieri, Intern November 2, 2017, marks the fourth International Day to End Impunity for Crimes against Journalists since the United Nations General Assembly’s resolution in December 2013. The UN chose this date in November to commemorate the assassination of two French journalists who were murdered while on assignment in Mali. This day serves as a reminder of the obligation of nations to take urgent measures to protect journalists and media workers and to bring the perpetrators of such targeted violence to justice. Currently, only one in ten cases committed against journalists worldwide ends in a conviction; since 1992, 695 journalists have been murdered with impunity in connection with their work. The assassination of Russian journalist Natalya Estemirova in 2009 illustrates these cases of impunity. Estemirova was a courageous investigative reporter who covered government atrocities in the Chechen Republic of the Russian Federation, particularly after Vladimir Putin launched the second Chechen war in 1999 in response to a series of apartment bombings.  In 2006, she visited the Helsinki Commission to discuss her findings regarding human rights violations by Chechen authorities.  At the meeting, she also expressed concern about the rising justification for the use of torture as a tool of counterterrorism in many countries, observing, “You cannot protect the law using illegal methods.” Estemirova was abducted in Grozny, the capital of Chechnya, on the morning of July 15, 2009, and found murdered in Ingushetia later that day. She was the fifth Novaya Gazeta journalist killed since 2000; to this day no one has been held responsible for her murder. At the time of her assassination, she was 51 years old and left behind a 15-year-old daughter. Then-Helsinki Commission Chairman Senator Ben Cardin, Co-Chairman Congressman Alcee Hastings, and Ranking Members Senator Sam Brownback and Congressman Chris Smith condemned her murder. Chairman Cardin stated, “Murder and intimidation of activists and journalists is both a serious violation of human rights and an affront to any democracy.” On the one-year anniversary of Estemirova’s murder, then-Co-Chairman Representative Alcee Hastings introduced a resolution in the House of Representatives to express solidarity with human rights defenders in the Russian Federation. The resolution called for an end to impunity for those responsible for such acts through the conduct of timely, transparent and thorough criminal investigations into the unresolved murders of human rights defenders, journalists, and political opposition members and the prosecution of all of those responsible for these crimes. Chechen nationalists have also targeted Russian journalist Karina Orlova, who participated in a recent Helsinki Commission briefing on systematic violence against journalists in Russia and other OSCE participating States in the region. These threats ultimately led her to flee Russia and become a correspondent for Radio Echo of Moscow in Washington, D.C.  She emphasized that attacks such as the ones she received force journalists to self-censor, but vowed to never do so herself. Ruthless regimes do not have to kill every independent, critical, investigative journalist, just enough so that others will get the message and fall silent or leave.  Violent attacks against journalists are often preceded by government-sanctioned or led smear campaigns and other forms of harassment. Participating States of OSCE are committed to protecting the freedom of the media and improving working conditions for journalists. However, violence against journalists in OSCE participating States signals a lack of compliance with the Helsinki Accords, and further, the need to bring justice to those attempting to silence the independent press. 

  • Parliamentarians and Commissioners Discuss Europe’s Changing Landscape and BREXIT

    By Mischa Thompson, Policy Advisor As part of a week of activities, top European legislators participated in a Capitol Hill event hosted by Helsinki Commissioners Representatives Gwen Moore (WI-04), Sheila Jackson Lee (TX-18), and Alcee L. Hastings (FL-20) on the potentially far-reaching impact of BREXIT and several European elections for the 57 North American and European countries that make up the region of the Organization for Security and Cooperation in Europe (OSCE).   Member of the European Parliament and former Italian Integeration Minister Cecile Kyenge launched the event with the assertion that the United Kingdom’s June 23, 2016 decision to leave the European Union (EU)—often described as BREXIT—“shook the European Project to its core with the unprecedented case of [a] Member State parting from the EU.”  Beyond BREXIT testing the EU, she also said it was a test for EU values.  Reminding the audience that “the motto of the EU is ‘United in Diversity’ [and] its significance in Europeans coming together for peace and prosperity [across cultures],” she also noted how BREXIT had divided communities throughout the EU. Building on these remarks, Commissioner Representative Sheila Jackson Lee highlighted the global leadership role the UK has played in human rights and asked the European delegation how BREXIT might impact this role going forward. UK Parliamentarian David Lammy noted that the BREXIT vote was an extraordinary break from the past.  “The British put politics before the economy [to] end the free movement of people across Europe,” he stated.  “BREXIT will lead to economic decline in the short to medium term [and] will not lead to an end to immigration […] because when Britain goes to negotiate free trade agreements with [for example]  India, the first thing they will say is they want visas for their people to come to the UK […]  We will be trading immigration from Eastern Europe from other parts of the […] Commonwealth.”  He also acknowledged that while a “UK-US FTA (free trade agreement) is being discussed,” an agreement could have negative implications for the British on issues from the “National Health Service [to] genetically modified foods and crops.” Observing that BREXIT was part of a long-standing conversation on immigration, refugees, and the economy of the European Union, Swedish Parliamentarian Momodou Jallow said, “Europe has an aging population and that means we need as many people as possible with the competencies we need to sustain the living conditions we created.”  Critical to sustaining European economies and standards of living, he highlighted the importance of “creat[ing] conditions for people to come work [under] the same labor conditions as Swedes and the need for social investments so all can work, pay taxes, [and] for a better society.”   “Policymakers have to do better to explain there is no conflict to have everyone work and maintain the living conditions we have created,” he stated.  He also raised the EU’s history of defending human rights and challenges to that image during the current refugee crisis. Noting that Britain has a need for trained adult workers “to scale up its workforce” in addition to a huge regional problem with wealth and power being centralized in London and resources not being adequately distributed throughout the country, Lammy said, “We should blame successive domestic governments for this failure in those communities.  The EU was giving us little bits of substantive money to actually make things easier for people [in other regions].  Unfortunately, we could see the breakup of the UK,” he lamented. Despite the uncertainty presented by BREXIT, Commissioners Representatives Sheila Jackson Lee and Gwen Moore vowed to continue transatlantic cooperation.  Closing remarks by Representative Moore reminded participants of the role in global security and leadership the UK has played including in human rights and the continuing importance of U.S. civil rights leaders working with civil society across the Atlantic.  “We are concerned and wondering about the global implications BREXIT has for human rights,” she said.   In the spirit of accountability and transparency “It is important for us to remain citizens and partners,” she said. In addition to meetings with representatives of the U.S. government, private sector, and civil society, the European delegation also spoke at the Congressional Black Caucus Foundation’s Annual Legislative Conference. For more information on the Transatlantic Minority Political Leadership Conference, download the full report.

  • Organization Profile: Forum 18

    The Helsinki Final Act of 1975 recognizes religious freedom as a “human right and fundamental freedom.” Participating States of the OSCE “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.” The Helsinki Commission promotes and defends the religious freedom of people in the OSCE region, particularly prioritizing the cases of individuals and communities whose religious freedom has been violated and laws and policies that conflict with the Helsinki Final Act. Forum 18 is a news organization dedicated to reporting on violations of religious freedom in several OSCE participating States, including in Central Asia and the South Caucasus; Russia; Belarus; and Turkey. Helsinki Commission Policy Advisor Nathaniel Hurd interviewed the editors of Forum 18 by email to learn more about their work and views about religious freedom in the countries they cover. According to the editors, “The mission of Forum 18 is to provide original, reliable and detailed monitoring and analyses of threats and actions against the freedom of religion and belief of all people, whatever their religion or belief (including atheism and agnosticism), in an objective, truthful and timely manner.” Violations of Religious Freedom in the Former Soviet Union Forum 18 focuses its work on the states of the former Soviet Union, which the organization considers the worst violators of freedom of religion in the region. “The worst violators of freedom of religion and belief in the territories Forum 18 monitors – governments – target anyone and any religious community they see as actually or potentially outside their control,” the editors noted. “Azerbaijan, for example, claims to be ‘an example of tolerance’ yet has repeatedly closed Sunni Muslim mosques. A 2014 police list of banned books [in Azerbaijan] includes Islamic texts by theologian Said Nursi, Jehovah's Witness texts, and the Old Testament or Hebrew Bible used by Christians and Jews. Police have long confiscated these texts and others during raids on Muslim, Jehovah’s Witness, and Baptist private homes and meetings of people exercising their right to freedom of religion or belief. There are many prisoners of conscience, especially human rights defenders and journalists. On July 3, 2017 Shia Imam Sardar Babayev was jailed for three years for leading mosque prayers because he was educated abroad.” “The reality of freedom of religion and belief violations by governments in these territories and the necessity of documenting them is why we were founded,” noting that they work to protect the freedom of everyone whatever their religion or belief (including atheism and agnosticism). “Our founders and staff were and are totally convinced as a matter of Christian conviction that everyone with no exceptions – including people who would completely disagree with the Christian faith – must…be able to freely exercise the freedom of religion and belief, and related rights such as the freedoms of expression, association and assembly…Our personal experience in the territories we monitor and other states (such as the former East Germany), as well as our own convictions, make us committed to Forum 18’s work of monitoring and analyzing governments’ violations of their international human rights law obligations.” In addition to its work on Azerbaijan, Forum 18 is also focusing on Uzbekistan’s raids, fines, jailing, and torture of Muslims, Protestants, and Jehovah’s Witnesses, as well as the increasing number of prisoners of conscience being jailed in Kazakhstan for exercising freedom of religion and belief, including alleged adherents of Muslim missionary movement Tabligh Jamaat, Jehovah’s Witness Teymur Akhmedov, and Seventh-day Adventist Yklas Kabduakasov. Kazakhstan has also banned all mosques outside state control; expressions of non-Sunni Hanafi Islam; and discussion of faith by people without state permission, or not using state-approved texts, or outside state-approved locations. Kazakhstan’s persecution of atheist writer Aleksandr Kharlamov is also of concern. In Russia, Forum 18 actively monitors the government’s “anti-extremist” nationwide ban on Jehovah’s Witnesses, as well as “anti-extremist” prosecutions, fines and jailing of Muslims and Jehovah’s Witnesses, including cases like that of Muslim Yevgeny Kim, who in in June 2017 was sentenced to three years in prison. Forum 18 is also concerned about nationwide religious literature bans, with the possessors of such texts being liable to criminal prosecution. Accuracy and Objectivity Are Key “Our overriding editorial objective is to as accurately as possible present the truth of a situation, both implicitly and explicitly,” note the editors of Forum 18. “It is vitally important that we cross-check information with local people, including religious communities and other human rights defender organizations where these exist. It is equally vital that in our published articles we carry the views of local people and human rights organizations – this enables local people to make their views on human rights violations known.” “Similarly, we always seek the comments of relevant officials, such as public prosecutors, police and secret police officials, within the country being written about,” they continued. “Every article we publish includes information on all the sources used, even if some have to be described as remaining anonymous for fear of state reprisals.” According to Forum 18, the organization’s efforts have resulted in “significant respect and usage among victims of human rights violations, human rights defenders (including journalists), diplomats, intergovernmental organizations, academics and others.” “Accuracy is in itself an effective advocacy for human rights by countering with accurate information the false information presented by repressive regimes, who often seek to conceal their human rights violations,” the editors said. The Worst of the Worst? When asked which of the countries Forum 18 monitors should be considered the “worst of the worst,” the editors noted that developing such a ranking is difficult. “Territories where serious…violations take place are places where people have a strong incentive to not discuss the state’s violations, for fear of state reprisals, making any reliable ranking of territories difficult,” they observed. “Because in all the territories Forum 18 monitors governments violate individuals’, informal groups’, and communities’ freedom of religion and belief apparently as part of a declared or undeclared policies of increasing state control of society – even in states such as Georgia in the south Caucasus – we think it is best for readers to judge for themselves which countries are the worst violators of freedom of religion or belief at any one time,” the editors added. Similarly, Forum 18 finds it difficult to rank the individual cases monitored by the organization. “In our view, each one of these cases where a government has violated an individual’s or group’s freedom of religion and belief can fairly be described as compelling. We think this view is reinforced by the individual cases being part of a much broader pattern of intentional, systemic government violations of the human rights of everyone they rule.” One case Forum 18 has followed close is that of Protestant Pastor Bakhrom Kholmatov in Tajikistan, who was jailed for three years for allegedly “singing extremist songs in church and so inciting ‘religious hatred.’” The regime has threatened family members, friends, and church members with reprisals if they reveal any details of the case, trial, or jailing. Cooperation is Key Cooperation is vital to the Forum 18 approach. “Cooperation in defense of human rights for all is both right in principle and more effective than competition,” the Forum 18 editors argue. “It is important to cooperate with others – including in our case providing accurate information – to help responses to violations of freedom of religion and belief and interlinked other fundamental freedoms to be as effective as possible. Our work with victims of freedom of religion and belief violations and other human rights defenders convinces us that this approach is the right one to follow.” Twitter: @Forum_18 Facebook: @Forum18NewsService

  • OSCE Parliamentary Assembly Meets in Andorra

    By Bob Hand, Policy Advisor      The Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE PA) held its 16th annual Autumn Meeting in Andorra la Vella (the capital of the principality of Andorra) from October 3 to October 5, 2017. During the meeting, approximately 180 parliamentarians from among the 57 OSCE participating States – including Austrian parliamentarian and Assembly President Christine Muttonen – focused on “new challenges” and “new tasks” in regional security in formal sessions, on migration and counterterrorism in separate committee sessions, and on disability rights and human rights in occupied regions of Georgia in two separate side events. Other sessions at the event reviewed Assembly work since the July Annual Session in Minsk, Belarus, and discussed the possibilities for reforming the Assembly to make it a more effective OSCE institution.      The Assembly’s Autumn Meetings are geared toward dialogue, and permit the parliamentarians to gather at least once between the early July Annual Sessions and the late February Winter Meetings. Although ongoing work in Washington prevented Members of Congress from participating in the Assembly meeting, the United States was represented by Helsinki Commission staff. Sessions Devoted to Various Aspects of Security Andorra’s Prime Minister and parliament speaker both welcomed members of the OSCE PA, while other host country officials made presentations in the formal sessions.  OSCE officials also contributed to the discussions, including the Office for Democratic Institutions and Human Rights (ODIHR) Director Ingibjorg Gisladottir of Iceland; the Secretariat’s Coordinator of Activities to Address Transnational Threats Rasa Ostrauskaite of Lithuania; and its Deputy Coordinator of Economic and Environmental Activities Ralf Ernst of Germany. OSCE Parliamentary Assembly Secretary General Roberto Montella of Italy reported on the Secretariat’s activity in recent months, while German parliamentarian and OSCE PA Treasurer Doris Barnett reported on the Assembly’s financial situation. In the formal sessions, a discussion of Mediterranean affairs focused on current issues including cooperation to counter terrorist threats and respond to migration challenges. New risks to security that come with the technologies of the cyber age, and the development of common responses to those risks, dominated the next formal session, with parliamentarians sharing country experiences. Regarding the climate change debate, there was nearly universal support for adherence to the Paris Agreement and the development of renewable energy sources, with most speakers emphasizing the dangerous implications of policies which maintain the status quo.  Discussion of education issues highlighted the contribution that knowledge and experience can make in promoting tolerance, countering extremism and reconciling societies divided by recent conflict among today’s youth. Work on the Sidelines Ad Hoc Committees formed under the auspices of the OSCE PA also met to develop plans for further activity.  The committee dealing with migration, led by Swiss parliamentarian Filippo Lombardi, finalized a report that was then presented to the governments of the participating States on October 10.  The report counters arguments that migration is solely a burden and stresses the need for all countries to share responsibility for large migration and refugee flows. The report also stresses that responses to migration must include actions to address its root causes, particularly in the case of forced displacement of large numbers of people. This very active committee also discussed a proposed calendar of future activities, including visits to key countries in the hope of gathering information that might provide useful to others. The committee focusing on efforts to counter terrorism, led by Greek parliamentarian Makis Voridis, held its inaugural meeting in Andorra; it was created by the OSCE PA in July 2017.  Participants offered their thoughts on what the Assembly and parliamentarians can contribute to the international response to terrorism, which included an emphasis on countering radicalization and violent extremism as well as sharing experiences and harmonizing legislation to make it more effective.  New members were added to committee ranks, and a plan for future activity, starting with a visit to OSCE headquarters in Vienna, was developed. In addition to these meetings, a subcommittee that focuses on the Assembly’s rules of procedure and reform of its practices met under the leadership of the United Kingdom’s Lord Peter Bowness. After adopting two packages changing procedures since 2013, the subcommittee remained open to further changes but concluded, based on a paper prepared by Lord Bowness, that broader and more radical reforms were needed to make the Parliamentary Assembly more relevant and effective.  Some ideas were discussed, but the discussion is likely to be ongoing and will need to be widened to garner the support for changes to current practices. The delegation of Finland hosted a side event on persons with disabilities and focused on encouraging parliamentary participation, featuring a young Serbian parliamentarian who is confined to a wheelchair. The delegation of Georgia hosted a second side event, which discussed the human rights challenges associated with Russia’s occupation of the country’s Abkhazia and South Ossetia (Tskhinvali) regions.  Both events were well attended and welcomed for providing even more focused and less constrained discussion than the formal sessions of the meeting. Developments in Neighboring Catalonia The Autumn Meeting took place in the aftermath of the October 1 referendum on independence organized in the Spanish autonomous community of Catalonia. Most OSCE PA participants traveled to Andorra from Barcelona, the Catalonian capital, bringing their direct attention both to the referendum itself and to the actions of law enforcement dispatched by Madrid in an effort to block it. The referendum raised two separate issues that were discussed by the parliamentarians in Andorra. The first was the legitimacy of the effort in the context of the right to self-determination, and the second was the right to freely associate and express one’s views, regardless of whether the result would be recognized officially in any fashion. Madrid’s response was clear; the referendum had been declared illegal in a court ruling and had no status. Still, the degree of force used by police was considered by several speakers at the OSCE PA meeting to be not just excessive but a violation of the basic human rights of participating citizens. On October 4, 2017, OSCE PA President Muttonen spoke publicly from Andorra on the Catalonian events, urging “constructive dialogue and respect for the rule of law by all in Spain” and that “all the authorities to use due restraint and proportionality when enforcing the law.” Future OSCE PA Activity        While its leadership will convene for a day-long session in Vienna on the eve of the annual meeting of the OSCE Ministerial Council, the next OSCE PA meeting open to all 323 parliamentarians will be the Winter Meeting on February 22 and 23, 2018, also in Vienna.  Next year’s Annual Session is slated for Berlin from July 7 to 11, and the next Autumn Meeting will be held in Bishkek, Kyrgyzstan (dates to be determined). In between the meetings, parliamentarians hope to observe upcoming elections under OSCE PA auspices, and participate in other gatherings, including OSCE events, as part of the ongoing effort to strengthen security and cooperation in the OSCE region.                                 

  • ODIHR Hosts Human Dimension Seminar on Children in Situations of Risk

    As part of its broad mandate to combat trafficking in human beings, the OSCE Office on Democratic Institutions and Human Rights (ODIHR) brought together 100 representatives of participating States, international organizations, and civil society to discuss “Rights of the Child: Children in Situations of Risk” at the annual OSCE Human Dimension Seminar in Warsaw, Poland, on October 11-12, 2017.  Opened by Ambassador Christian Strohal, Special Representative for the OSCE 2017 Austrian Chairmanship; Jacek Czaputowicz, Undersecretary of State, Ministry of Foreign Affairs, Poland; and Ingibjörg Sólrún Gísladóttir, Director of ODIHR/OSCE, the seminar examined threats to children from incarceration and from human trafficking, as well as solutions.  Deprivation of Liberty Speakers addressed common myths surrounding the incarceration or detention of children using the totality of research on actual impact, and suggested means of mitigating harm.  Panelists agreed that detention should be the option of last resort and be for the least amount of time possible in order to avoid the well-documented negative effects on children.  Drawing on research, Ms. Michaela Bauer, the UNICEF Regional Partnership Manager, highlighted that detention does not in fact benefit the child but causes educational deficits, low social skills, and disrupted family ties—setting the child up for future failures and insecurity.  Ms. Bauer explained that deprivation of liberty is too often based on incorrect determinations that a child is a threat to themselves or to society.  She cautioned that detention is often 80 percent more expensive than alternate means, such as custodial family care.   She also addressed the myth that detention keeps the child from absconding, explaining that it is the fear of detention that makes children abscond.    Mr. Azamat Shambilov, Regional Director of Penal Reform International’s office in Central Asia, underscored that detention creates isolation, marginalization, and life-long stigmatization of children.  For instance, an educational diploma from a prison will haunt the child for life.  In addition, a child isolated in an institution from the love and support of family may suffer feelings of rejection.  Such children emerge from detention and seek out other children who have similarly suffered, and thus often find themselves in trouble again.  Mr. Shambilov suggested seeing the children as victims in need of care rather than criminals to be punished as, very often, the children who commit crimes have themselves been victims of crime. Ms. Roza Akylbekova, Deputy Director, Kazakhstan International Bureau of Human Rights and Rule of Law, highlighted the importance of keeping the child connected to family. If a child must be institutionalized, it is critical to ensure that the institution is close to family who can visit the child. A better alternative would be non-custodial sentences for crimes committed by children—in which case the child would live at home with his or her family for the duration of the sentence. Human Trafficking of Children At the conference, Commission on Security and Cooperation in Europe staff, accompanied by Italian trafficking survivor and activist Cheyenne de Vecchis and Dr. Maia Rusakova, Co-founder and Director of the Regional Non-Governmental Organization of Social Projects in the Sphere of Populations’ Well-being in Russia, presented practical steps to limit the risks of internet misuse for the trafficking of children.   Citing a growing body of research in the OSCE region on the links between children’s unrestricted access to pornography on the Internet and experience or perpetration of sexual exploitation, Commission staff encouraged participating States to consider working with the private sector to institute age verification technology for all access to online pornography, such as the system currently being implemented in the UK. Turning to the issue of children advertised online for sexual exploitation, Commission staff shared new technology developed by the U.S. non-governmental organization, THORN.  This technology saves law enforcement thousands of hours by intelligently filtering the thousands of new photos, phone numbers, emojis, gibberish, and acronyms on adult-services classified-ad websites each day—collating for law enforcement attention the advertisements that have indicators of human trafficking.  The Spotlight tool connects overlapping information for law enforcement, showing officers other cities in which a victim has been previously advertised and other information that can help officers investigate.  The Spotlight tool also provides a way for law enforcement in other jurisdictions to mark whether they are working on the leads, and who to contact for collaboration—innovations saving thousands of hours of work, dead ends, and duplicated efforts. In just the last three years, more than 6,300 trafficking victims have been identified in the United States with the Spotlight tool—nearly 2,000 of whom were children.  More than 2,000 traffickers were also identified.  While primarily developed in and for North America, the Spotlight tool could be easily adapted for other OSCE participating States. ODIHR’s Anti-Trafficking Mandate ODIHR enjoys a robust mandate embodied in multiple ministerial decisions and the 2003 OSCE Action Plan to Combat Trafficking in Human Beings (as well as its Addendum in 2013) to combat human trafficking in the OSCE region, and has a full-time staff person specifically to carry out ODIHR’s anti-trafficking mandate.  For instance, ODIHR is tasked by the 2003 Action Plan with promoting the cooperation of law enforcement and civil society to combat human trafficking.  The 2003 Action Plan also calls on ODIHR to work with the OSCE Strategic Police Matters Unit (SPMU) on anti-trafficking training materials for law enforcement.  In addition, ODIHR has a mandate to offer legislative input to participating States, including on the development of National Anti-Trafficking Plans of Action.    While the 2014 regular budget shortfalls saw the loss of three members of ODIHR’s anti-trafficking staff, one full-time position was restored in 2015.  ODIHR is now fully re-engaged on executing its mandate in the region, in coordination with the OSCE Special Representative and Coordinator for Combatting Trafficking in Human Beings. ODIHR is currently updating the National Referral Mechanism Handbook, which it originally created in 2004 to guide participating States on the development of coordination frameworks for state agencies and best practices to, along with civil society partners, ensure proper care of trafficking victims.   In 2017,  ODIHR staff members have visited Croatia, Georgia, the UK, and Poland to identify gaps and best practices for national referral mechanisms.  In addition, ODIHR is working in Central Asia and Mongolia to increase identification of trafficking victims and streamline aid to victims, as well as to strengthen coordination between state actors and civil society. Finally, ODIHR is working with the Strategic Policy Matters Unit in the Mediterranean region to offer participating States technical assistance for combatting human trafficking in mixed migration flows.

  • Helsinki Commission Policy Advisor Discusses Kleptocracy at Hudson Institute Event

    On October 11, 2017, U.S. Helsinki Commission anti-corruption policy advisor Paul Massaro joined experts including Ilya Zaslavskiy of the Free Russia Foundation; Jeffrey Gedmin of Georgetown University’s School of Foreign Service; David Kramer of Florida International University’s Green School for International and Public Affairs; Louise Shelley of the Terrorism, Transnational Crime and Corruption Center at George Mason University; Sarah Chayes of the Carnegie Endowment of International Peace; and Ambassador Richard D. Kauzlarich of the Center for Energy Science and Policy to discuss the threat that kleptocratic regimes pose to the United States and its allies. The public seminar was hosted by the Hudson Institute and was moderated by Charles Davidson, the Executive Director of the Institute’s Kleptocracy Initiative. A recent report by Zaslavskiy, “How Non-State Actors Export Kleptocratic Norms to the West,” was the focal point of the event, which was designed to explore the nature and mechanisms of kleptocracy and strategies Washington can employ to combat it. During the discussion, the panelists stressed the threat kleptocracy poses to global democracy; described the extent to which it is entrenched in authoritarian societies; and explained how the silence of our institutions enables this system to perpetuate itself. Though kleptocrats benefit from criminal activity, their exploitation of legitimate financial and legal institutions insulates them. Furthermore, the panel noted the dual nature of the environment in which corruption thrives; it not only finds fertile ground in states with a legacy of autocracy, but also in cultures of acquiescence and complicity. Discrediting such public indifference is among the most severe challenges Western institutions face, but it is one that must be addressed in order to successfully combat kleptocracy. In his remarks, Massaro outlined the avaricious and cruel nature of kleptocracy and the grave threat it poses to democracy and the rule of law. He characterized the fight against kleptocracy as an ideological struggle between corruption and the rule of law, and strongly reaffirmed the Helsinki Commission’s resolve to counter global corruption in all its forms. As Massaro explained, “On the Hill, we [the Helsinki Commission] have become the primary forum for discussion of the topic and we will continue to work to expose the severity of kleptocratic practices.” He commended his fellow panelists on their committed work to combat corruption and challenge kleptocratic norms and reaffirmed the Commission’s aim to work collaboratively with other organizations to recognize and meet this challenge.

  • The OSCE at a Crossroads

    Dr. Terry Hopmann is one of few American academics who has followed the Helsinki Process as it developed over four decades from a multilateral conference of 35 countries dealing with Cold War divisions – the Conference on Security and Cooperation in Europe – to a regional organization of 57 countries confronting a broad range of challenges across its security, economic and human dimensions – today’s Organization for Security and Cooperation in Europe (OSCE). As well-acquainted with the intricacies of its institutional development as the diplomats who negotiated them, Hopmann also considers the Helsinki Process and its importance in the context of the broader development of European affairs and the U.S.-Russian relationship.  In his current capacity as Professor of International Relations and Conflict Management at the Johns Hopkins School of Advanced International Studies (SAIS), based in Washington, DC, Hopmann not only introduces the OSCE to graduate students preparing for a career in international relations but also invites them to contribute to the intensive study of OSCE-related hot spots, including through field visits to areas such as Ukraine and Nagorno-Karabakh.  Focusing especially on security issues, Dr. Hopmann frequently interacts with the Helsinki Commission, both at OSCE-organized meetings in Europe and at Commission-organized briefings and hearings in Washington. In light of the numerous challenges the OSCE currently faces, including Russia’s markedly aggressive behavior and fears of an eroding U.S. commitment to European security and cooperation, Helsinki Commission staff recently sought Hopmann out to discuss the utility of the Helsinki Process in the past, and the interplay of U.S., Russian and European interests through the OSCE today and into the future. The OSCE’s Value Hopmann asserts in no uncertain terms that “OSCE membership is very beneficial for the United States.”  The organization has made major contributions to defusing conflicts and increasing military transparency, Hopmann believes; he also underlines the need to keep in mind the organization’s role in the defense of human rights. “The OSCE’s defense of national sovereignty, minority rights, and other important socio-political freedoms, together help prevent or at least de-escalate conflict, and make escalation harder. We see this precise action with regards to Ukraine right now. There’s a lot of value in that,” he notes. “The OSCE remains important for the U.S. in promoting its interests abroad, and at relatively low cost,” Hopmann adds.  “Still, the OSCE needs more support. The United States has struggled to engage with multilateral organizations and this represents a major issue. Without permanent and knowledgeable diplomatic representation and without the guarantee of adequate funding and resources, the OSCE’s capacity to act is severely hindered, and we play a role in that. Furthermore, the fact that we do not have a permanent representative there at the moment devalues the OSCE in ways that are dangerous.” Hopmann calls for the United States to continue to “support the OSCE institutions and missions, help its fellow member states in their work at the OSCE, and not forget its commitment to the principles of the Helsinki Final Act, nor lose sight of their significance.” In the past, the Helsinki Process made important contributions to stability and peace in Europe, Hopmann believes. The confidence-building measures developed through the Helsinki Process of the mid-1970s, in particular, “initiated the practice of international observation and greater transparency. As a result, states could now better distinguish military maneuvers and exercises from preparations for a surprise attack. In many ways this was the most important breakthrough during the Cold War, greatly reducing the risk for surprise attack from the Soviet Union. This anxiety was a root cause of the Cold War and animated the conduct of both Western and Eastern powers. Of course, there were the ideological arguments that influenced the political landscape, but in Europe, the fear of Soviet aggression was immense.” At the time these confidence-building measures were negotiated, the Soviet-led invasion of Czechoslovakia in 1968 was still a vivid, recent memory. Hopmann also acknowledges the value of the other, non-military baskets of issues discussed in the Helsinki context. “The human rights basket was also important, though not as immediate,” he observes. “For the negotiators, this basket was less about human rights, but more about the promotion of human interaction. It was, effectively, an agreement to begin encouraging cultural and educational exchange.  In the shorter term, the first basket [on political-military issues] was critical, but in the longer term, the third basket [on human rights] became more important - particularly after the 1986 Stockholm agreement updated the CSBMs that were at the heart of Helsinki’s Basket 1. Then, following the Vienna Review Conference that concluded in early 1989, suddenly people were guaranteed the right to enter and leave their own country. Here, we see the first breach in the Iron Curtain when Hungary allowed people to cross freely into Austria – it didn’t all fall at once in 1989, rather it was a gradual process that started with a CSCE set of expanded principles. “ Hopmann considers the institutional development of the European security architecture in the post-Cold War period to have in many ways played out to the OSCE’s disadvantage.  Although initially successful in the 1990s with the deployment of field missions, successive U.S. administrations have missed an opportunity by viewing the OSCE as an organization principally relating to human rights concerns, rather than political-military security. “We missed the idea that NATO and the OSCE are not mutually exclusive,” he says “While we’ve contributed a lot to the OSCE, NATO remains the priority for policy makers in Washington. We have yet to realize how closely and effectively they can and should be working together. I believe this is our biggest foreign policy mistake since the end of the Cold War. It is the most effective way to bring Russia to the negotiating table and it is far easier to work with them in Vienna than the UN. The OSCE remains a security institution, like NATO, and as long as we value using all diplomatic measures to resolve conflict before using military force, we’re making a mistake by underutilizing the OSCE.” A growing European Union has not necessarily helped, Hopmann believes.  “The development of the E.U. has somewhat complicated the operation of the OSCE. Through the creation of its own common foreign and security policy and other initiatives, Brussels has duplicated OSCE institutions, but without the participation of the United States and Russia. Thus, the E.U. alone simply isn’t as effective,” he observes. “There is a lot of overlap between the two bodies and this begets structural and bureaucratic blockages that prevent action, especially when E.U. and OSCE representatives diverge or try to do the same thing independently. So, like OSCE-NATO relations, the E.U.’s relationship with the OSCE is occasionally marked by competition that hurts both parties’ effectiveness.” The View from Kremlin Walls Many of the earlier successes of the Helsinki Process were enabled by a very different leadership in Moscow than that we see today, Hopmann suggests. Under the late-Soviet leadership and Russian President Yeltsin, “there was a real interest to engage more with the West. They were, generally speaking, in support of Helsinki and didn’t view it as a threat to Russian interests,” he says. “That strongly contrasts with Putin. Putin has a totally different worldview and perceives the OSCE’s interests as inimical to Russian national priorities. We now find a much stronger, more belligerent Russia that no longer trusts the OSCE to help protect its interests, as it once did.”  This dynamic creates a real danger that Russia could turn away from the OSCE completely.  “The Kremlin could decide to leave as a result of domestic pressure or as a result of frustration with the West and its criticism. The Russians feel that they are attacked on all sides in the OSCE and obviously derive no joy from it,” Hopmann notes.    He therefore warns against outright rejection of all Russian concerns in the OSCE area, for instance as regards ensuring the protection of Russian-speaking populations in neighboring states.  “It is paramount that, in the spirit of Helsinki, we ensure Russian minorities are treated equally and fairly, to avoid perceived provocations by the West that might serve as a pretext for Russia to intervene. He suggests the closure of earlier OSCE missions in the Baltic states might have been perceived by Moscow, rightly or wrongly, as evidence that the OSCE was no longer responding to Russian concerns. Russia’s military occupation and subsequent illegal annexation of Crimea might have been averted, Hopmann asserts, had its view of the OSCE not evolved so dramatically from the first post-Cold War decade to the second.  While objecting to Kosovo’s bid for statehood based on core OSCE commitments regarding the sovereignty and territorial integrity of states, even a decade ago Moscow was willing to engage diplomatically to resolve the issue. In the case of Crimea in 2014, it was not. “They prioritized military force over diplomacy – the precise kind of behavior the OSCE was designed to discourage,” Hopmann states.  He predicts that “while this decision may have been tactically effective, it will hurt Russia in the long run. The OSCE is designed to deal with these situations and it has the institutional framework to do so effectively – Russia failed to take advantage of the OSCE and we’re all now paying the price.” Still, Moscow recognizes that the OSCE is still valuable to Russian interests, according to Hopmann: “Russia wields a lot of influence in the OSCE because of their effective veto power under the consensus rule – indeed, the Kremlin recognizes the sway it carries in it and recognizes the OSCE as the place where it can effectively and discreetly negotiate with both the U.S. and the E.U. Ultimately, the OSCE is designed precisely to facilitate this kind of diplomatic interaction, and it meshes more closely with Putin’s view of how diplomacy should be conducted than the U.N. I believe it is for this reason that the Russians have been willing to work with the OSCE on some issues, including the conflict in Ukraine.” Effectively engaging Russia at the OSCE will remain a challenge, Hopmann adds, suggesting that a multilateral format may be useful.  “The most important question we face is how to continue the discussion and being firm with Russia when it blatantly violates OSCE norms as it did in Ukraine, without going overboard with our criticisms,” he says. “There are some countries, like Austria, Finland and Switzerland that are simply better at dealing with Russia, due to their past or current neutrality. Russia prefers to deal through them and likely finds it easier to appear to cooperate with them than working directly with the U.S.” On the OSCE’s Role in Conflicts The OSCE is demonstrating clear added-value in conflict areas today, according to Hopmann, including in and around Ukraine, and as regards the Nagorno-Karabakh conflict.  Hopmann praised the OSCE as having “played a key role in ensuring the [Ukraine] conflict does not escalate and cause more destruction. Indeed, within the limits of its mandate and available resource, the OSCE has done admirable work; however, this scope is limited and much remains to be done. Thus, the best thing the U.S. can do is to continue to support the OSCE’s mission and the Minsk process. It’s not ideal, but there’s no better option.”  Frustration over the OSCE’s inability to overcome the absence of political will to prevent or stop the conflict altogether should not overshadow its success in ascertaining the facts on the ground and galvanizing a defense of key principles guiding international behavior, he believes.  Regarding Nagorno-Karabakh, Hopmann suggests that the OSCE has moderated what could otherwise be a much more intense conflict.  “The presence of the OSCE has helped already,” he says. “Its presence helped diffuse the four day war last year and prevented it from becoming a more violent conflict. Still, there is significant risk that the conflict will escalate and this highlights the importance of OSCE and the role it may play in resolving the Nagorno-Karabakh question.” Hopmann believes that an alignment of U.S.-Russian interests in Nagorno-Karabakh, even if partial, may be helpful here.  “The OSCE absolutely has the mandate and ability to negotiate such a deal and to organize peace-keeping initiatives to ensure the conflict does not start up again. That being said, this process will be long, complicated, and expensive,” he predicts. The Future Hopmann concedes that the OSCE will remain beset for the foreseeable future with challenges largely emanating from the consensus-based decision-making process, over which any one country (including Russia) effectively has a veto.  However, he remains convinced that “that doesn’t mean we shouldn’t continue dialogue. In fact, we must continue dialogue. Many people remain committed to the OSCE and its values, including some Russian diplomats – though they’re keeping a low profile at the moment. This bodes well not only for change in the OSCE, but also for Russia. Change is not impossible, and keeping the dialogue channels open is of incredible importance. Without them, when the chance to encourage positive change does appear, we will not be able to capitalize on it. We worked together immediately after the Cold War to diffuse East-West tensions and ensure a peaceful Europe. There is no reason we cannot do that again.” Professor Hopmann was interviewed by Bob Hand and Alex Tiersky, Helsinki Commission Staff.

  • Helsinki Commission Advisor Discusses ZAPAD 2017

    On September 27, 2017, Helsinki Commission Global Security and Political-Military Affairs Advisor Alex Tiersky joined Ambassador Kurt Volker, Dr. Stephen Blank, and Ambassador Eitvydas Bajarunas at a public seminar to discuss the execution, outcomes and aftermath of Russia’s large-scale ZAPAD 2017 military exercise. Hosted by the Central and East European Coalition, Russia on NATO’s Doorstep: The West's Response to the Kremlin's Wargames was moderated by Dr. Mamuka Tsereteli. During the discussion, Tiersky shared his experience as one of only two American officials who was invited by the Belarusian government (who partnered with Russia for the joint military exercise) to be present for the conclusion of ZAPAD 2017. Tiersky commended the Belarusian government for offering the Distinguished Visitors program that he participated in along with representatives of the OSCE, the Red Cross and NATO, as well as defense attachés from various countries. The program included an extensive briefing on the aims, parameters, and intent behind the exercise, as well as an opportunity to witness an impressive live-fire demonstration at the Borisov training ground.  Belarusian briefers underlined that the aim of the program was to offer as much transparency as possible; the exercise was purely defensive in nature and neighboring countries had nothing to fear, Tiersky was told.  However, Tiersky added, the program offered by Belarusian authorities – while commendable – fell short of fulfilling the spirit of commitments to military transparency under the Vienna Document, which would have provided a greater opportunity for evaluating the exercise's scale and scope through broader participation by OSCE participating states and more intrusive inspection measures.  While impressive and worthwhile, the distinguished visitors program was thus not in itself sufficient to draw broad conclusions about ZAPAD, according to Tiersky. Tiersky concluded by describing how ZAPAD did little to assuage broader concerns related to Russian unwillingness to fulfill its commitments to military transparency, including under the Vienna Document (through for example its increasing use of snap exercises), as well as Russian violations of various arms control measures that have been essential contributors to peace and security in Europe for decades.

  • Helsinki Commission Advisor Observes German Elections in Berlin

    By Scott Rauland, State Department Senior Advisor On September 24, 2017, over 50 parliamentarians and staff from 25 countries fanned out across Germany as part of the OSCE Parliamentary Assembly (OSCE PA) team that was invited to observe German parliamentary elections.  This marked the first time that an OSCE PA Election Observation Mission (EOM) has deployed to Germany.  Although the OSCE PA does not have the resources to observe every election, the organization tries to be present in major elections that are politically important. I was pleased to represent the U.S. in that effort as the State Department’s Senior Advisor at the U.S. Helsinki Commission. Members of the OSCE PA team were briefed by German government officials, representatives of the major political parties, political analysts, and other experts in the two days leading up to the election.  On election day, members of the OSCE PA observation mission visited over 300 polling stations in Berlin, Munich, Hamburg, Cologne and Duesseldorf, just a fraction of the more than 90,000 polling stations located in Germany in 299 constituencies.  In a press conference held on September 25, George Tsereteli, the Special Coordinator for the EOM, noted, “Germany has once again demonstrated that its commitment to democracy is undiminished. Highly competitive and well-run, these elections were an opportunity for voters to express their choice in a process that benefits from and is based on broad trust among society.”  One sign of that trust was the almost complete absence of election observers from any of the participating political parties at the 14 polling stations my team visited in Berlin – all six major parties seemed to be relatively confident that the elections were being administered fairly. While the OSCE PA team was in Germany at the invitation of the German government, and although the public has the right to observe the voting process in Germany, my observation team was denied access to one of the polling stations we had hoped to observe.  That incident was thankfully the exception amongst the 300 polling stations visited by the OSCE PA EOM, but was a reminder that efforts to promote transparency in the conduct of elections must be ongoing, even in countries where the commitment to democratic elections is high. With more than 4,800 candidates running, and numerous strong political parties, Germany’s 61 million voters had a wide range of options to choose from. Women represented slightly less than 30 per cent of candidates, but played a prominent role in leadership positions in parties’ campaigns. “This was the first time we’ve deployed a full observer team to Germany, and the welcome of our mission by all German officials and political parties that we met is a positive signal that the country is ready to pay continued attention to democratic processes,” said EOM Head of Mission Isabel Santos. “Changing political cultures in many countries and new challenges such as cyber attacks mean that we must all dedicate time and effort to preserving democratic systems.”

  • OSCE Debates Environmental Policy and Economic Development in Prague

    By Paul Massaro, Policy Advisor From September 6 to September 8, 2017, the OSCE convened the 25th Concluding Meeting of the Economic and Environmental Forum. This annual conference brings together participating States for a wide-ranging discussion on policy as relates to the Second Dimension of the OSCE, or economic and environmental issues. The theme of the 2017 conference was “Greening the Economy and Building Partnerships for Security in the OSCE Region,” a topic selected by Austria, the current OSCE Chair-in-Office. At a time when natural disasters like Hurricanes Harvey, Irma, and Maria are devastating U.S. communities, such a discussion could not be more relevant. Add to that the joblessness and low growth rates that continue to plague many parts of the region and you have a broad debate on the issues that most impact the everyday life of citizens of the OSCE region. The Forum took the form of a series of thematic panels featuring experts drawn from the UN, the NGO community, and academia, as well as from the relevant ministries of OSCE participating States. Forum participants were particularly concerned with the effect that climate change is having on the frequency and magnitude of natural disasters, as illustrated by the extreme weather in the Caribbean and the United States. Much of the conference was devoted to discussing energy efficiency measures and renewable energy as a means to counteract the effects of burning fossil fuels on the environment. Experts agreed that energy efficiency and renewable energy are not separable concepts: the latter must be pursued to achieve the former. Participants were also deeply concerned about youth unemployment, especially in relation to violent extremism. Many participating States struggle with unemployment or underemployment, which exacerbates the factors that lead youth to radicalize. Experts discussed countering violent extremism through more flexible labor market policies as well as addressing the exploitation of unemployment or underemployment by extremist recruiters. Connectivity—transport, trade facilitation, and economic cooperation—was also discussed extensively. (Connectivity is distinct from economic integration, which envisions a deeper level of policy harmonization.) Experts and representatives from participating States generally agreed that two regions in particular could profit mightily from expanded connectivity: Southeastern Europe, or the Balkans region, where important steps toward greater connectivity are being made, and Central Asia, which remains among the regions with the lowest interregional trade in the world. The economic and environmental situation in the Eastern Donbas was also an important part of the discussion. Experts expressed severe concern that the shelling in the industrial region could lead to ecological disaster should, for example, the chemical plants that dot the area be hit and their chemicals seep into drinking water. Participants also discussed how to reestablish connectivity in this region, which once was a cohesive economic sphere. However, representatives from participating States argued that any discussion of regional connectivity would be for naught until Russia ceases its backing of militants in the region and enables a ceasefire to take effect. Generally speaking, the mood of the conference was one of consensus. Despite disagreements on certain issues, participating States tend to be of one mind when it comes to the need to prevent and prepare for natural disasters, increase energy efficiency, and encourage job and business creation, all topics that made up the majority of the discussions at the 25th Concluding Meeting of the Economic and Environmental Forum. Although minor disagreements cropped up in all of these topics, they were ephemeral and did not lead to prolonged debate. This general consensus may be a result of the fact that the arguably most controversial aspect of the OSCE’s Second Dimension, anti-corruption, was absent from all discussions. This is because this topic was addressed at the 2nd Preparatory Meeting of the 25th OSCE Economic & Environmental Forum in Astana and likely also because it was not a critical aspect of the theme of the Chair-in-Office. Nonetheless, at least a single panel on the topic would have been a welcome addition given its central importance to good governance. All in all, the Forum was a smooth and useful exercise that provided participating States with many worthwhile insights. Paul Massaro attended the conference as a representative of the U.S. Helsinki Commission.

  • Cardin Asks Nominee Mitchell to Engage with Helsinki Commission if Confirmed

    Helsinki Commission Ranking Senator Ben Cardin (MD), also the Ranking Member on the Senate Foreign Relations Committee, last week asked A. Wess Mitchell, the U.S. Administration’s nominee to serve as Assistant Secretary of State for European and Eurasia Affairs, to engage the U.S. Helsinki Commission on issues of common concern if confirmed by the Senate. Mitchell’s confirmation hearing before the Senate Foreign Relations Committee took place on Tuesday, September 19.  Mitchell told the Senator to expect his full engagement. The hearing focused heavily on U.S. policy toward the Russian Federation and included Jon M. Huntsman, Jr., as nominee for U.S. Ambassador to the Russian Federation. Senator Cardin spoke of building the resiliency of democratic institutions throughout Europe, including through the OSCE, and referred to the wide array of issues confronting Europe at this time.

  • Batyr Berdiev: Poems from Prison

    And when we leave our house, where all is so familiar – The flower vase and the worn out carpet – The shadow of our quiet hope will stay at home, Reflected in the eyes of those who remember us. And life will continue, as our life was once lived, And, of course, other songs will be sung, But human hearts, like soldiers of hope Will again and again both suffer and dream.                                                             —Batyr Berdiev On September 15, the NGO campaign “Prove They Are Alive!” published a book of poems written by Turkmenistan’s former Foreign Minister and former Ambassador to the OSCE Batyr Berdiev, one of more than a hundred people who have disappeared in Turkmenistan’s prisons. The poems appear to have been written between December 2002 and March 2003 and were smuggled out of prison, most likely in 2003. Most are dedicated to Berdiev’s wife and son; they speak of his love for them, of freedom, and of their life while he was serving as Ambassador to the OSCE in Vienna. The book was unveiled at a side event at the 2017 OSCE Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland, with the participation of Helsinki Commission staff. Berdiev was arrested in December 2002 in connection with an alleged coup attempt against then-President Niyazov in November 2002. His “confession” was broadcast on Turkmen television later that month, and he was convicted in January 2003 in a closed trial and sentenced to 25 years imprisonment. There are credible reports that he was tortured following his arrest. His relatives have had no information about his fate or whereabouts since, although there have been several conflicting reports of his death in Turkmenistan’s notoriously inhumane high-security Ovadan Depe prison.  The Helsinki Commission has continued to raise his case – along with others who have disappeared in Turkmenistan’s prisons – over the fifteen years since Berdiev’s arrest, in meetings with Turkmen officials, letters, and public briefings. The “Prove They Are Alive” campaign has also published an updated list of persons who have disappeared in Turkmenistan’s prisons, which has now grown to 112. Some of the new additions include persons who were arrested only this year. Following the arrests of Berdiev and hundreds of others in the wake of the alleged 2002 coup attempt, the United States and nine other countries invoked the OSCE Moscow Mechanism, which triggered an international investigation and report on the situation and treatment of those accused of being involved. Every year at the OSCE Human Dimension Implementation Meeting, the United States makes a special statement urging the government of Turkmenistan to provide information on and access to those who have disappeared in the country’s prison. Read the book of poems by Batyr Berdiev.

  • 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.

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