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

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  • The OSCE Celebrates 30 Years of the Charter of Paris

    By Emma Derr, Max Kampelman Fellow November 21, 2020, marks the 30th anniversary of the Charter of Paris for a New Europe,  a groundbreaking document of the Conference on Security and Cooperation in Europe (CSCE). The charter was signed by 34 heads of state and government during a CSCE Summit in the French capital from November 19 to 21, 1990. The political agreement charted a path forward following Cold War confrontation and division caused by Soviet domination in the east. It ushered in a new era as states made an unprecedented commitment to domestic individual freedoms, democratic governance, human rights, and transnational cooperation. By institutionalizing the CSCE as a platform to realize peace and security, this process transformed the multilateral Conference into the Organization for Security and Cooperation in Europe (OSCE), which today is the world’s largest regional security organization, comprising 57 participating States. The charter states, “Europe is liberating itself from the legacy of the past. The courage of men and women, the strength of the will of the peoples and the power of the ideas of the Helsinki Final Act have opened a new era of democracy, peace and unity in Europe.” Known by many as the “Helsinki Process,” both the CSCE and its OSCE successor have been based on ten principles guiding relations between participating States, enshrined in the Helsinki Final Act. The charter marks a triumph of the comprehensive definition of security these principles represent and a moment of unity, which participating States hoped to maintain through enhanced cooperation. During the OSCE’s three-session Security Days event in October “Revitalizing Trust and Co-operation in Europe: Lessons of the Paris Charter,” former U.S. Secretary of State James A. Baker III, who played a leading role in the charter’s formation, recalled signing the agreement as an “optimistic, almost festive event.” “It encapsulated so much that was positive about the process that had begun with the Helsinki Final Act in 1975,” he said. “It envisioned a new and inclusive continent based largely on western values, particularly the value of democracy.” The Enduring Value of the OSCE Since 1990, the OSCE has acted as a forum for political dialogue and a platform for joint action across North America, Europe, and Asia through its institutions, structures, and field operations. As its occupation of Crimea and military intervention in Eastern Ukraine have led to Russia’s isolation and sanctions by the United States and others in recent years, the OSCE is one of the few remaining multilateral forums for American diplomats to directly engage with their Russian counterparts. As an organization promoting the principles of democracy and as a forum for conflict resolution, the OSCE is a valuable tool to hold authoritarian regimes accountable throughout the region, which stretches from Vancouver to Vladivostok. Chairman of the U.S. Helsinki Commission Rep. Alcee L. Hastings and U.S. Ambassador to the OSCE James S. Gilmore III see the OSCE as a forum where the United States remains engaged and committed to the ideals cemented in the Charter of Paris. “Through the OSCE, the United States directly confronts the deceit of Russia and other authoritarian powers. By raising our voices, through our participation and leadership, we reassure our friends that the United States stands with them and supports our shared values against the growing tide of autocracy,” Rep. Hastings and Amb. Gilmore stated in an August 2020 op-ed. The organization continues to play a critical role in regional conflicts in and amongst participating States. The OSCE’s Special Monitoring Mission (SMM) to Ukraine is the only independent observer group with a permanent presence in the war zone. “The OSCE’s broad membership and comprehensive definition of security make it an ideal platform to advocate for our interests in a vital region,” stated Helsinki Commission Co-Chairman Sen. Roger Wicker and Ranking Member Sen. Ben Cardin in a 2018 article describing the OSCE’s timeless value. “Its institutions remain singularly placed to moderate regional conflicts, promote respect for human rights, and safeguard essential elements of democracy.” The OSCE operates field missions in 13 participating States with the goal of supporting the development of host countries’ democratic institutions, legal frameworks, and ability to meet various human rights, media freedom, and policing commitments. OSCE field mission staff are praised by Carnegie Europe Senior Fellow Thomas de Waal as “some of the unsung heroes of Europe’s darkest corners.” The Charter of Paris articulated a new era of economic commitments, and the OSCE provides frequent opportunities for representatives of OSCE governments to discuss best practices concerning free market economies, economic cooperation and environmental issues. The OSCE also organizes international election observation missions to transitional and well-established democracies alike, observing and reporting on adherence to democratic election commitments. New Challenges Much has changed since the end of the Cold War, and the anniversary of the charter provides an opportunity to renew commitments to cooperation and examine how the OSCE will meet current and emerging challenges. During October’s Security Days event, former OSCE Secretary General and former High Commissioner on National Minorities Ambassador Lamberto Zannier called for reinvigorated political support and investment by participating States to enable the OSCE to continue its vital work. He cited the post-Soviet transition in Ukraine and Serbian elections in Kosovo as examples of these efforts. During his remarks at the event, Baker concluded that in this spirit, the OSCE can find new methods of cooperation to meet 21 century challenges. “Our message should not be much different than it was three decades ago,” he said. “States should fulfill the promises they made in the Paris charter 30 years ago.” The 30th anniversary inspired other webinar discussions, such as IFSH Hamburg’s Event, “30 Years Charter of Paris: Lessons for Pragmatic Cooperation in the OSCE Area,” which discussed the strengths and weaknesses of the Charter of Paris, as well as potential reforms to the OSCE. The Stockholm International Peace Research Institute (SIPRI) also engaged in the anniversary and hosted the event “(Dis)functional International Security Institutions? The Organization for Security and Cooperation in Europe (OSCE) Today.” The OSCE’s Parliamentary Assembly and the French Delegation to the Assembly held an online, public discussion “The 30th Anniversary of the Charter of Paris: A Parliamentary Perspective,” on November 20, which discussed how to the OSCE can continue to provide value within today’s complex international framework. Finally, on November 20, the Woodrow Wilson Center in cooperation with the U.S. Helsinki Commission also hosted an event, “Marking the 30th Anniversary of the Charter of Paris for a New Europe - Europe Whole and Free: The Future of the OSCE.” The discussion included the U.S. Helsinki Commission’s Ranking Member Sen. Ben Cardin and Commissioner Rep. Robert Aderholt, as well as other leading voices on European security and cooperation.   Photos Courtesy of the Ministry of Foreign Affairs of France​

  • OSCE ELECTION OBSERVERS RELEASE 2020 PRELIMINARY FINDINGS ON THE UNITED STATES GENERAL ELECTIONS

    By Emma Derr, Max Kampelman Fellow and Robert Hand, Senior Policy Advisor The U.S. election system has passed the “extreme stress test,” according to the head of the 2020 general election observation mission organized by the Organization for Cooperation and Security in Europe. International observers representing 39 OSCE participating States presented their preliminary conclusions at a press conference on November 4, 2020 in Washington D.C. The observation mission is a joint effort between the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the OSCE Parliamentary Assembly (PA). Ambassador Urszula Gacek of Poland, who led the ODIHR observers, said the U.S. electoral system had been subjected to an “extreme stress test” this year due to COVID-19 and the polarized political climate. While announcing the mission’s findings, she concluded, “The American electoral process appears to have passed that test.” Observers deliver the post-election statement in Washington D.C. Photo courtesy of the OSCE PA. In 1990, all OSCE participating States pledged to hold free and fair elections and to invite international observers. To meet this OSCE commitment, in March 2020 the U.S. Department of State invited the OSCE to observe the November 3 elections. As part of the OSCE election observation process, the observers focus their reporting on issues such as legal framework, election administration, new voting technologies, campaign environment and finance, and coverage of elections by media. Recommendations are then issued to improve the electoral processes to benefit citizens. “The United States is leading by example, showing that election observation is a way to promote democracy both at home and abroad,” said OSCE Parliamentary Assembly member Michael Georg Link, who served as Special Coordinator and leader of the short-term observer mission. This is the ninth election the OSCE has observed in the U.S. since 2002. The OSCE began its work during the summer of 2020 by conducting a comprehensive review of the electoral process. A Needs Assessment Report was published in July, which recommended observation.  Once the core team of the observation mission was deployed,  an Interim Report was released in October. Head of OSCE PA election observation mission Kari Henriksen in Ann Arbor, Michigan​ in October. Photo courtesy of the OSCE PA. The Needs Assessment Report noted “the conduct of these elections will be the most challenging in recent decades” and that “in a highly polarized environment, there is an increased need for external and independent overview of the electoral process, including of the election day proceedings.” ODIHR sent a limited election observation mission (LEOM) to the United States on September 29, which included observing early voting. The core team was comprised of eleven experts from ten participating States, led by Gacek. On election day, 50 observers were deployed by ODIHR, alongside 65 observers that included parliamentarians and support staff from the OSCE PA, to 30 states and the District of Columbia. Michael Georg Link and Andreas Nothelle speak with a poll worker at a polling station in Washington D.C. on Election Day. Photo courtesy of the OSCE PA. Despite the challenges, the OSCE team was confident it produced a thorough, impartial, fact-based assessment. As Link noted, the OSCE’s role is not to draw a “thumbs up, thumbs down” political conclusion or compare results to other countries or even to previous elections in the same country. The mission hopes to foster post-election dialogue about its recommendations, and a final report is expected in January 2021. All OSCE election observation reports are accessible on the OSCE website.   Findings Overall Assessment The OSCE’s Preliminary Report concluded that the November 3, 2020 general elections were free and fair, as well as “competitive and well managed despite legal uncertainties and logistical challenges.” It also noted that the pluralistic and diverse media provided comprehensive coverage of the campaign. Freedom of expression was respected, and a wide range of available election-related information enabled voters to make an informed choice. Early and postal voting was significantly expanded, allowing for higher voter participation amid the COVID-19 pandemic. The work of election administration under difficult circumstances “enjoyed general confidence.” The elections were “extensively observed” by both partisan and non-partisan citizen observers, which increased the transparency of the election process. The preliminary report stated, “Election day was orderly and took place in a peaceful atmosphere without unrest or intimidation. Mitigating measures against the pandemic were generally in place and followed.” Any interruptions at polling places due to problems with voting equipment were quickly addressed. Political Polarization The 2020 presidential campaign was characterized by deep political polarization. During the year, controversy arose regarding the conduct of elections amid the COVID-19 pandemic which took hold in February and March.  The death of George Floyd in Minneapolis in late May elevated calls for racial justice, leading to peaceful protests as well as confrontation and instances of violence. The OSCE/ODIHR Election Observation Mission 2016 Final Report said that the last presidential campaign was characterized by harsh personal attacks and intolerant rhetoric by one candidate, a trend that continued in 2020. This year’s preliminary findings highlighted the incumbent president’s “discriminative and pejorative statements” and also noted that “the two leading presidential candidates accused each other of corruption, fraud, working for foreign interests, an inability to lead, and support for extremist groups.” Overall, the international election observers concluded that this rhetoric shifted the focus away from policies and party platforms and toward negative campaigning. Legitimacy of Elections The 2020 Interim Report noted that many ODIHR election observers expressed concerns about the  “the incumbent President’s repeated allegations of a fraudulent election process and postal vote in particular.” This led to concern over public trust in the process and outcome as well as the potential for political violence in the aftermath of elections. At the November 4 press conference, Link stated that “baseless allegations of systematic deficiencies, notably by the incumbent President, including on election night, harm public trust in democratic institutions.” Link and Gacek both said that the OSCE’s observations will be ongoing as the votes continued to be counted. “Nobody – no politician, no elected official – should limit the people’s right to vote. Coming after such a highly dynamic campaign, making sure that every vote is counted is a fundamental obligation for all branches of government,” said Link. Alternative Voting The preliminary findings indicate “an unprecedented volume of litigation over voting processes in the months before the elections, with over 400 lawsuits filed in 44 states.” The report states that such litigation, focusing on minimizing the COVID-19 health risks of in-person voting, created uncertainty and placed undue burden on voters and election officials. Despite these obstacles, opportunities to vote early were expanded due to the pandemic. The interim report said that even though there was concern over the level of preparedness of election officials with minimal exposure to postal votes, many states allowed absentee ballots to be processed before election day and allowed voters to correct mistakes that may have otherwise led to ballot rejection. According to the preliminary report, “Early voting was conducted in-person in 39 states and the District of Columbia, with voting periods ranging from 45 to 3 days. Long queues were reported in a number of states. All states provided voters with the option to cast a postal ballot…By election day, more than 100 million voters had already cast their votes.” The OSCE observed the processing and handling of postal ballots and reported no indication of systemic problems or issues. Secrecy of the vote is not guaranteed by all states for postal and out-of-country electronic voting, which the report—in line with several previous EOM reports—notes does not align with OSCE commitments. Election Observation On election day, the OSCE observed the election process and visited a limited number of polling stations. According to the preliminary report, “Election day was observed by numerous partisan and non-partisan citizen observers across the country, with rights and responsibilities ranging from observing signature and ballot verification to challenging the eligibility of a voter or of individual ballots.” Gacek lauded the enormous effort made by election workers and citizens working the polls, as well as a record voter turnout amidst pandemic challenges and legal uncertainty. “We were received very favorably -- made to feel very welcomed,” said Gacek. Five states and the District of Columbia permit observation by international observers by law, and eighteen states restrict observation. During the press conference, Link noted that there are a number of states where international election observers are not allowed inside polling premises. The OSCE has noted these restrictions since its 2004 report. Link said that he hoped state laws would be amended to allow for international observer access, as the current restrictions are not in line with OSCE commitments. However, Article 1 of the U.S. Constitution devolves the responsibility to conduct elections to the states. As a part of this power, each state has different laws about election observers.  Some do not allow international election observers into polling places. Other states do, but most are silent on the matter, leaving it to the discretion of election officials. Disenfranchisement Disenfranchisement has been an issue raised by OSCE election observation missions since 2008. For example, the OSCE noted that U.S. residents of the District of Columbia and overseas territories do not have voting representation in Congress. Also, an estimated 5.2 million citizens are not permitted to vote due to criminal convictions, even after serving their sentence. The OSCE notes that this restriction disproportionately affects African Americans and violates the principles of universal suffrage. Voter Registration and Identification As stated in previous reports of OSCE election observation missions to the United States, 2020 observers concluded in the “Statement of Preliminary Findings and Conclusions” that voter registration and identification requirements can be unduly restrictive for certain groups of citizens, such as Native Americans and low-income citizens. Identification documents are required in 34 states. Campaign Finance Since 2008, OSCE reports on U.S. elections noted a high level of campaign spending; this year, the mission estimated that campaign expenditures were expected to reach $14 billion. OSCE concerns include campaign finance laws that facilitate a lack of donor transparency and unlimited spending of Super PACs.

  • Coronavirus in the OSCE Region

    By Emma Derr, Max Kampelman Fellow A novel coronavirus was first identified in Wuhan, China in December 2019. Termed COVID-19, the disease spread rapidly around the globe. As of October 2020, 1.18 million people have died from COVID-19, and over 227,000 of these deaths have occurred in the United States. COVID-19 is one of the most devastating public health crises since the Spanish Flu of 1918. From hospital beds to protective gear, governments across the world face significant challenges in combating its morbidity and death rates. In addition to the domestic coronavirus policies implemented at the national level, multilateral organizations such as the Organization for Security and Cooperation in Europe (OSCE) have taken their own steps to curb the vast negative impacts of the novel coronavirus. Examples of Coronavirus Policy Responses across the OSCE Region Countries in the OSCE region have developed a wide variety of policies to combat the significant public health, political, and economic challenges caused by the coronavirus. As the number of cases has surged or declined in various countries, coronavirus restrictions are changing on a weekly basis. In most countries, policies exist at a national level, and many countries have also imposed regional restrictions. In the United States, state and local authorities impose their own restrictions. The varying responses of the United States, Sweden, France, and Turkmenistan illustrate the many coronavirus policy differences that exist in the OSCE region. The scientific publication “Our World in Data,” in collaboration with the University of Oxford, created a “Government Response Stringency Index” using nine response indicators, including school closures and travel bans. With 100 as the strictest ranking, the index currently ranks the United State at 62.5, France at 46.76, and Sweden at 37.04. Turkmenistan is not on the index. Government Response Stringency Index as of October 28, 2020. Graphic courtesy of Our World in Data.  United States In the United States, federal action largely has been confined to restrictions on international travel and immigration, with state governors enacting their own policies concerning closures and restrictions. State policies differ in scope and timeline but most center around issues such as face mask requirements, the number of people who can gather, health guidelines for business operations, social distancing measures, state travel restrictions and quarantine orders, restaurant and bar capacities, prohibitions on non-essential medical procedures, and in-person or online school decisions. Local officials, such as state health officers and mayors, have also imposed restrictions at the county or city level, sometimes in conflict with more or less stringent state-level guidance. State restrictions change rapidly, but the New York Times has created a map with up-to-date state data and policy actions. France The French government first locked down the country on March 17, requiring citizens to provide travel permits when leaving their homes. In May, France began to gradually reopen schools and public transport at the same time as other European countries, such as Belgium and Spain, eased restrictions. Masks are mandated on public transit and recommended when social distancing guidelines cannot be followed. According to France’s government website, as of October, local curfews were imposed in the Paris region, as well as eight other cities. These changes arrive amid a European “second wave,” which includes a spike in coronavirus cases in France. On October 29, another lockdown was announced and is expected to extend until December 1. All nonessential travel outside the home is strictly prohibited as it was with the first lockdown, but this time around, schools will remain open. Sweden In the spring of 2020, Sweden kept its borders open, and became one of the few OSCE participating States that did not go into lockdown. Instead, gatherings of over 50 people, sporting events, and visits to nursing homes were prohibited; bars, restaurants and schools remained open. The general advice issued by the Public Health Agency of Sweden reminds citizens to stay at home when experiencing symptoms, wash their hands regularly, and socially distance from one another. The agency does not recommend face masks in public spaces. Due to its high per capita death rate, Swedish health officials recently released national restrictions on nightclubs, as well as other regional measures. On October 26, new local guidelines were introduced in Uppsala and Malmo, where cases have been increasing. Residents were told to avoid public transport and to only socialize with people within their households. Turkmenistan Turkmenistan is the only OSCE participating State to deny that it has been affected by COVID-19. There is significant doubt both in the international community and among Turkmen NGOs that this is the case. There have been numerous deaths of high-level government officials and people in prisons reportedly due to “pneumonia.” Humanitarian concerns have been raised as patients with COVID-19 symptoms have been overwhelming hospitals. Although the World Health Organization visited the country and did not directly contradict the official narrative, following the visit, Turkmen authorities imposed “preventive” restrictions similar to those in other countries. The country has restricted travel and border crossings; closed restaurants, shopping malls, theaters, and parks; and mandated the use of masks and social distancing in public. OSCE Action The Organization for Security and Cooperation in Europe (OSCE) is the world’s largest regional security organization with 57 participating States. Leaders of OSCE institutions and offices have stated their continuing commitments to OSCE principles and stress the importance of unity and solidarity as its nations fight to control the pandemic.  “Now is the time for unity. The COVID-19 virus does not distinguish between peoples or countries; its threat is universal. This underscores that security is common, comprehensive and indivisible,” said the Chair of the OSCE Permanent Council Igli Hasani and his colleagues in a letter earlier this year. The OSCE seeks to provide leadership through guidelines and policy recommendations that address the challenges presented by the novel coronavirus. The organization has also been active in examining the economic, environmental, and security implications of the coronavirus across the OSCE region. “In today’s highly interconnected world, it is necessary to have strong solidarity and a cooperative approach at all levels: community, state, regional, and global,” stated Vuk Zugic, OSCE Coordinator of Economic and Environmental Activities. Minority Groups and Vulnerable Populations On the Helsinki on the Hill podcast “Communities at Risk,” Ambassador Lamberto Zannier, the former OSCE High Commissioner on National Minorities and a current OSCE PA High-Level Expert, spoke about providing protection for the most vulnerable during this health crisis. “We felt that the issue of protecting the diversity of the society and ensuring that all social groups are included in the policies, and there is an equal treatment for all, was not at the forefront of the concerns of many governments,” he said. “We started to see problems of discrimination. We started to see problems with hate speech. We started seeing problems with access of some of the population to basic services.” In March, as OSCE High Commissioner on National Minorities, Zannier released recommendations for short-term responses to COVID-19 to support social cohesion in OSCE states, and in April, the HCNM released a full set of policy recommendations that call on countries to take into account diversity when implementing state emergency measures, such as providing public services and media communications in minority languages. Voting and Elections The OSCE Office for Democratic Institutions and Human Rights (ODIHR) is mandated to address issues related to democracy, human rights, and rule of law, including freedom of the press, freedom of movement, and democratic elections.  ODIHR released a report in October outlining best alternative voting practices in the context of COVID-19, focusing on secrecy, equality, and universality. Human Trafficking ODIHR also conducted an empirical survey of survivors of human trafficking and issued a report in June that examined the impact of COVID-19 on human trafficking trends and recommended how OSCE states could respond. According to OSCE PA Special Representative on Trafficking in Persons and former Helsinki Commission Chair Rep. Chris Smith, “The COVID-19 pandemic has increased the vulnerability of children to becoming victims of trafficking and sexual exploitation. Today, with most schools closed, children are spending more of their time online where they are vulnerable to being groomed by sexual predators and lured into trafficking situations. One way we can fight this and protect our children now is by education to keep them safe online and by developing age-appropriate training tools for children, parents and educators.” Parliamentary Diplomacy The OSCE Parliamentary Assembly (OSCE PA) has hosted several webinars focused on the effects of the coronavirus on human rights and democracy. The webinar titled “COVID’s impact on conflicts in the OSCE region” addressed obstacles to conflict resolution, humanitarian aid efforts, and implementation of the fundamental principles agreed to under the Helsinki Final Act. Helsinki Commissioner and Chair of the OSCE PA General Committee on Political Affairs and Security Rep. Richard Hudson attended the discussion and stated his concern over “the COVID-19 pandemic and its potential to further inflame existing conflicts in the OSCE area or potentially generate new ones.” He said it was important for the Parliamentary Assembly to stay informed on the OSCE’s role in the conflict cycle, specifically in Ukraine and Georgia. Other speakers emphasized his message and noted that people in conflict zones are on one of the most dangerous frontlines of the pandemic. In May, the OSCE PA hosted a webinar titled “Respecting Human Rights and Maintaining Democratic Control During States of Emergency.” In his comments, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) emphasized the importance of protecting fundamental freedoms. “I am sorry, but not surprised that some governments have taken the need for emergency measures as an opportunity for repressive measures,” he stated. “Hungary is the only OSCE participating State that does not have a sunset clause for the expiration of its emergency measures or requiring parliamentary approval for an extension.  Parliamentary oversight is absolutely essential, especially when governments seek to exercise extraordinary powers.” During the webinar, Sen. Ben Cardin (MD), Helsinki Commission Ranking Member and the OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism, and Intolerance, also addressed concerning aspects of COVID-19 emergency responses. “Emergency provisions which restrict freedom of speech or freedom of the media are especially concerning and may actually undermine our efforts to address this health emergency. We need to ensure that journalists, medical professionals, scientists and others can provide the public with information we need to battle COVID,” he said. OSCE Field Missions OSCE field missions have been actively adapting to support host countries’ needs during this pandemic. Since April, several missions have helped to provide medical supplies and equipment to their host countries. The OSCE Presence in Albania, a field operation that cooperates with Albania’s Border and Migration Police, donated medical supplies to Albania’s Border Police in May. The team also visited border crossing points to assess existing protocols. The OSCE Programme Office in Dushanbe provided protective gear and sanitizing supplies to its partners in Tajikistan, and the OSCE mission to Montenegro delivered food and hygiene products to support the country’s Red Cross.  Handover of personal protective equipment to Regional Health Administration of Gorno-Badakhshan Autonomous Region on July 25, 2020. (Photo courtesy of OSCE/Umed Qurbonov) The OSCE has also facilitated online medical trainings for border officials in Turkmenistan and donated IT equipment to the Canton 10 Ministry of Education to support Bosnia and Herzegovina. The Special Monitoring Mission in Ukraine has been impacted by the pandemic by restrictions on mission member movement, but the mission nevertheless continues to be a key international actor in the country, informing on developments in the conflict areas of Donetsk and Luhansk.

  • OSCE representatives, community leaders share urgent proposals to combat discriminatory police violence

    On October 6, 2020, the OSCE Office of the High Commissioner on National Minorities, in cooperation with the Helsinki Commission, convened “Policing in Diverse Societies: Principles and Good Practices.” The webinar, which provided an opportunity to exchange knowledge, challenges and best practices, attracted over 100 attendees including practitioners, parliamentarians, and other representatives of the OSCE participating States.   Christophe Kamp, officer-in-charge of the OSCE High Commissioner on National Minorities, opened the online event, one of several taking place ahead of next year’s 15th anniversary of the 2006 Recommendations on Policing in Multi-Ethnic Societies. Participants assessed the continued relevance and operational applicability of these guiding principles, as well as how best to further their scope. Senator Ben Cardin, Helsinki Commission Ranking Member and OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, highlighted relevant legislation that has been introduced in the U.S. and focused on law enforcement reform as a way forward following protests over discriminatory, aggressive policing.   “From Russia to Canada, our country is not alone in confronting issues of discriminatory policing and racial justice in the region,” he noted. “Working together with the High Commissioner’s office and other OSCE institutions, we can strengthen efforts to ensure that racial justice and the protection of human rights for all as enshrined in the Helsinki Final Act.”   Ambassador Lamberto Zannier, a high-level expert for the OSCE Parliamentary Assembly and former OSCE High Commissioner on National Minorities, underscored the role of police violence in interethnic conflict and instability in societies.  He discussed protests that erupted across the OSCE region following the tragic death of George Floyd and how aspects of the OSCE, such as its Police Matters and Tolerance and Non-discrimination units, could be instrumental in reducing conflict in the region.  Other speakers included Hilary O. Shelton of the NAACP, who emphasized the urgent need to implement cultural sensitivity and awareness training for police forces. He said this training could decrease discrimination, combat stereotypes, and foster relationships between law enforcement and communities.   Anina Ciuciu, community organizer of Collective #EcolePourTous, highlighted the need for structural changes in France to address police violence and brutality and noted continuing incidents between police and Romani communities. She shared that on average, minorities are “20 times more likely to be checked by police, and three times more likely to be brutalized by police.” Nick Glynn, senior program officer with Open Society Foundation and a former UK police officer, called for increased diversity in law enforcement, an expansion of community policing and demilitarization of police to address the multifaceted problem. Ronald Davis of the Black National Organization of Black Law Enforcement Executives cited the need for systematic changes in law enforcement, including changes in police culture.   Alex Johnson, U.S. Helsinki Commission Chief of Staff, moderated the discussion and detailed the history of law enforcement in the U.S. “The policing system from a perspective of personnel and practice should reflect the diversity of their societies, be it linguistic, ethnic, racial, religious, or any other identity,” he concluded.   

  • WHY SOCIAL INCLUSION IN FOREIGN POLICY MATTERS

    By Nida Ansari, 2019 State Department Detailee / Policy Advisor  The U.S. National Security Strategy articulates “a strong and free Europe to advance American prosperity and security; the promotion of universal values, democracy, and human rights where they are threatened; and opposition to Russian aggression and disinformation” as a key U.S. foreign policy goal for Europe. However, the transatlantic partnership between the United States and Europe, grounded in the U.S.-led post-World War II order based on alliances with like-minded democratic countries and a shared commitment to free markets and an open international trading system, recently has been tested, in part due to a declining faith in democratic institutions. According to a 2020 Pew Research study, in 11 of the 57 countries that make up the region of the Organization for Security and Cooperation in Europe (OSCE), approximately half of those surveyed are dissatisfied with the way democracy in their countries is functioning, regardless of whether the economies are advanced or emerging. Italy, Greece, and the United States report some of the highest levels of dissatisfaction.  In Europe, such dissatisfaction—particularly in nations that have traditionally been U.S. allies—can be attributed in part to internal domestic challenges including economic decline, the rise of antiestablishment political parties, the weakening of the rule of law, increased migration, and heightened security concerns. To renew confidence in the shared values that underpin the transatlantic partnership, the United States needs to bolster initiatives that restore faith in democratic institutions.  Efforts should focus on the future generation of emerging leaders to foster sustainable western democracies and preserve the transatlantic partnership.   Social inclusion initiatives can play a key role in sustaining western democracies and the transatlantic partnership in the face of growing domestic and international challenges.  Why Integrate Social Inclusion into U.S. Foreign Policy toward Europe? According to the most recent Eurostat data, 22.4 percent of the EU population—including women, young people, people with disabilities, and migrants—are at risk of social exclusion, defined as the lack of fundamental resources, as well as the inability to fully participate in one’s own society. Social exclusion has historically particularly inhibited young people from being better equipped with the capacity, tools, and innovative solutions to effectively participate in democratic life, and have equal access to resources to take part in social and civic engagement. To take action to directly address historic inequities impacting youth, emerging leaders were called upon during the sixth cycle of the European Union (EU) Youth Dialogue to lay out a path for inclusive policymaking.  Following a Council of the European Union Resolution in November 2018, the EU Youth Strategy 2019-2027 introduced eleven European Youth Goals, among them quality employment for all, inclusive societies, and space and participation for all. The Eurostat data indicates the critical need to empower young and diverse populations with the knowledge, tools, opportunity, and access to fully participate in democracies.  Additionally, amid signs of weakening democratic institutions and rapid demographic change, emerging leaders from diverse backgrounds are uniquely positioned to address underlying societal tensions and develop strategies for understanding and addressing causes of exclusion. When youth and diverse populations are unable to fully participate in economic, social, political, cultural and civic life, disparities in labor market participation, employment opportunities and uneven political and civic participation increase. However, given the capacity to organize, express their views, and play a constructive and meaningful role in decision making processes, emerging leaders are more likely to demand and defend democracy institutions. Engaging young and diverse leaders therefore is essential to secure the future of transatlantic relations and can only help inform the U.S. strategy on confronting deeper trends effectively. Inclusive leadership has never been more relevant.  The notion of what leadership looks like has changed and grown more complex and diverse in the 21st century.  In order to uphold core democratic values and transatlantic relations, there needs to be a redesign and rethinking of transatlantic engagements with this complexity in mind in the domain of foreign policy and diplomacy.  As U.S. and European democracies move towards more inclusive societies, both sides need to capture the pulse of young and diverse populations who have been socially and economically underrepresented and bring their voices to the table. Operationalizing Social Inclusion within U.S. Diplomacy To deepen diplomatic engagements with regional counterparts, the State Department would benefit from adding a new resource to the diplomatic toolkit: institutionalizing a sustainable, ongoing social inclusion unit for Europe, similar to the Race, Ethnicity, and Social Inclusion Unit that currently exists in the State Department’s Western Hemisphere Bureau, to increase the level of participation of populations who have historically been excluded from participating in the democratic process. The unit would incubate social inclusion initiatives and assist various regional and functional bureaus to meet these efforts. European youth leaders have expressed interest in increasing their mobilizing efforts; however, they often have insufficient access to inclusive networks and need guidance on implementation.  Therefore, this unit would convene youth leaders to collaborate on community-based initiatives and ideas being pursued around the world, share best practices with U.S. practitioners on inclusive measures and strategies to address regional imbalances on both sides of the Atlantic. Programs that the State Department has conducted with the Helsinki Commission, such as the Transatlantic Inclusion Leaders Network administered by the German Marshall Fund of the United States and the recently launched On the Road to Inclusion, have shown enormous promise in identifying young and diverse political and civil society leaders committed to strengthening their democracies, including through civic education and social inclusion initiatives. Such programs have enjoyed bipartisan support in the U.S. and Europe and should be strengthened as part of an overall initiative to instill strategic U.S. policies and programming that ensure the spread and sustainability of democratic principles on both sides of the Atlantic.

  • Editorial Independence Critical for U.S. International Broadcasting

    By Jordan Warlick, Policy Advisor Access to accurate, unbiased information is imperative for a functioning democracy. Citizens need access to credible news in order to make informed decisions about the future of their nation. According to the most recent U.S. National Security Strategy, “an informed and engaged citizenry is the fundamental requirement for a free and resilient nation. For generations, [U.S.] society has protected free press, free speech, and free thought.” As part of its commitment to press freedom worldwide, the United States supports the development of local independent media in countries where government-controlled media dominates the information landscape. It also brings independent media to these information-starved spots through specific services—like Voice of America, Radio Free Europe/Radio Liberty, and others—under the aegis of the U.S. Agency for Global Media (USAGM). The mission of USAGM, which oversees the Voice of America, Radio Free Europe/Radio Liberty, Radio Free Asia, Middle East Broadcasting Networks, and the Office of Cuba Broadcasting, is vital to the U.S. national interest: “to inform, engage and connect people around the world in support of freedom and democracy.” USAGM networks reach more than 350 million people across the globe, many of whom otherwise would not have access to independent, unbiased news. Because providing access to credible media is a more effective tool of diplomacy than attempting to push U.S. propaganda overseas, USAGM and the media organizations it oversees are deliberately, legally structured against acting like a propaganda mouthpiece for the U.S. government.  The credibility and reliability of Voice of America and other USAGM networks hinge on a statutory firewall that protects them from political interference and has been in place since President Gerald Ford signed Voice of America’s charter in 1976. More than 40 years of bipartisan support for USAGM has been critical to its success. In 1994 President Bill Clinton signed the International Broadcasting Act, which established the Broadcasting Board of Governors (BBG)—now USAGM—to oversee Voice of America and  its sister networks. The legislation specifically mandated that broadcasting overseen by the BBG must “be conducted in accordance with the highest professional standards of broadcast journalism.” It also required that the Director of BBG to “respect the professional independence and integrity” of the U.S. international broadcasting services it oversees. When the BBG became the U.S. Agency for Global Media in 2017, USAGM retained the same statutory commitments to protecting the independence of its networks, including that the Chief Executive Officer of USAGM must “respect the independence and integrity” of the broadcasting services. Voice of America’s mission today—“producing accurate, balanced and comprehensive reporting, programming, online and social media content for a global audience, particularly to those who are denied access to open and free media”—would not be possible without this political firewall. Like any other privately owned media outlet, these networks must remain free to produce independent reporting, including that which is critical of U.S. government policies. Unlike many other state-controlled international media outlets, including Russia’s RT and Sputnik or China’s CCTV, USAGM networks have a storied history of bringing credible, reliable news to audiences behind the Iron Curtain, the Great Firewall of China, and beyond. It would be particularly damaging if the United States was perceived to be attempting to tear down the legal firewall protecting Voice of America, Radio Free Europe/Radio Liberty, and the other international broadcasters from political interference.

  • 2020 Human Dimension Implementation Meeting Cancelled Due to Pandemic

    By Erika Schlager, Counsel for International Law “The work of the OSCE human dimension has also been impacted, no doubt by this unprecedented pandemic.  As you know, the OSCE annual Human Dimension Implementation Meeting – Europe’s largest annual human rights and democracy conference – will not take place this year.  This is a huge loss for our organization.  Together with Permanent Council, Human Dimension Implementation Meeting is a constituent part of the OSCE’s mechanism for the review and assessment of the implementation of our commitments.  With around 2,000 participants from across the whole OSCE region, it is also the primary forum for our citizens to take a direct part in the life of our organization.” - Prime Minister of Albania Edi Rama, 2020 OSCE Chair-in-Office, at a September 17, 2020, hearing before the Helsinki Commission On September 11, 2020, the OSCE Permanent Council decided, as an exceptional measure without precedent for the future, to cancel the 2020 OSCE Human Dimension Implementation Meeting (HDIM) planned for September 21 – October 2. The decision reflects the singular and unpredictable circumstances of 2020 due to the COVID-19 pandemic. OSCE rules mandate that HDIMs, a comprehensive review of the participating States’ implementation of their human dimension commitments, are held every year in which there is not a summit. (In the event that a summit is convened, the summit is preceded by a review conference that evaluates implementation in all three OSCE dimensions, including military security, economic and environmental cooperation, and the human dimension.) HDIMs are unique among OSCE meetings because of the combination of their large size (typically drawing a thousand participants), duration (two full consecutive weeks), press access, and ability of non-governmental organizations both to participate in and speak at the meetings on an equal footing with governments and to organize side events. Governments regularly conduct bilateral meetings on human dimension issues on the margins. Additionally, the United States holds daily open-door meetings with civil society representatives.  When announcing the HDIM decision, the Albanian OSCE Chair-in-Office confirmed that it instead would convene a series of online events throughout the remainder of the year, with the support of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), to maintain focus on topical issues related to human rights, democracy and the rule of law. In a statement following the announcement, the United States supported “creating and/or seizing other opportunities within the OSCE to spotlight human dimension issues, including by holding other meetings, to the maximum extent possible with provision for virtual civil society participation. However, we underscore that any such activities, with or without NGO participation, are not substitutes for the HDIM.”  Alluding to shortcomings in human rights compliance, democratic weaknesses, racial inequities, and social vulnerabilities that the pandemic has revealed and, in some cases, amplified, the United States further stated that “vigilance will be especially important given the challenging pandemic conditions.” Following the decision, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) said, “OSCE participating States should continue to engage in a robust implementation review of their human dimension commitments through the OSCE Permanent Council, December’s Ministerial Council, and other scheduled events and meetings facilitated by the Chair-in-Office and the OSCE Office for Democratic Institutions and Human Rights. Implementation of shared commitments remains the ultimate purpose of this 57-nation organization.” The COVID-19 pandemic has affected the work of the OSCE mid-March. Meetings of the Permanent Council, the OSCE's main decision-making body, initially were canceled in line with Austrian Government requirements and later shifted to an online platform, before settling into its current, hybrid format combining online and limited in-person participation.  Other OSCE meetings and events also have been scaled back, postponed, canceled, or shifted to online platforms in response to host-government mandates related to public meetings, quarantines, and broader issues of border closings and travel restrictions.  The OSCE Parliamentary Assembly (PA) also has had to alter its planned activities. The April Bureau Meeting was held using an online platform. The Annual Session, scheduled for Vancouver in July, and the Autumn Meeting, scheduled for October in San Marino, were canceled. In lieu of these events, 40 parliamentarians participated in a virtual Standing Committee meeting in early July, followed by nine online, inter-parliamentary dialogues to consider the impact of COVID-19 on human rights; economic security; conflicts in the region; the environment; and other issues and yielded a publicly available report of recommendations on strengthening compliance on shared commitments. 

  • The Shared Experiences of African-American and Roma Communities

    By Erick Boone, Max Kampelman Fellow While the OSCE participating States have committed to promoting tolerance and protecting the rights of diverse communities, the most ardent advocacy often is done by individuals who are members of those groups. Their activism often leads to changes that benefit not only the disenfranchised but also society at large. The United States has a rich history of demonstrating for civil rights and social recognition. The 20th century alone saw the birth of a multitude of social movements, including the civil rights movement organized by the African-American community to end racial discrimination and secure equal rights under the law. African-Americans have faced centuries of injustice in the forms of slavery, segregation, brutality, and discrimination. The racial hierarchy in the U.S. was bolstered by legislation that either ignored discrimination or condoned it. Still, African-Americans resisted subjugation, leading boycotts, protests, and sit-ins. They formed alliances that brought attention to issues and created civil society organizations that pushed for change. Community leaders also campaigned for elected office to change the system from within. Their efforts led to reforms in law that protected the rights of African-Americans throughout the United States. Thanks to the contributions of activists, extraordinary social progress was made. The fight for social equality continues to this day. In the United States, a new generation of activists contribute to the struggle. Yet, the fight against injustice is transnational—on the other side of the Atlantic, another group whose historical experiences share striking similarities with those of the African-American community is also engaged in a struggle for civil rights. The Roma Community Roma, the largest ethnic minority group in Europe, migrated from Northern India nearly 1000 years ago. Romani communities’ migration would eventually bring them to Europe, arriving first in Southeastern Europe and then Western Europe. Given the vast geographic spread of the Roma, the various European societies in which they settled differed greatly. The ways in which those societies responded to Romani settlement also differed. The one constant, however, was the mistreatment of Romani communities. For example, in what is present-day Romania, the local rulers as well as members of the monastery and aristocracy forced the Roma into slavery during the 14th century. Romani people worked as servants for the church and the state, with little more than the right to life. Romani men and women were made to work as domestic servants, blacksmiths, ironmongers, and a host of other professions. Roma slaves were seen as property that could be punished or sold as their masters saw fit. After nearly 400 years, Romania finally outlawed slavery in 1855. In other parts of Europe, Roma faced discrimination driven by beliefs of their racial inferiority. When the Nazi party took power in Germany, they turned their sights on addressing the so-called “Gypsy problem.” This began with discriminatory laws that targeted the Roma and ended with the systematic slaughter of Romani men, women, and children throughout Europe. An estimated 200,000 to 500,000 Roma were murdered during the Holocaust, representing 25 percent of the continent’s Roma population. Today, Roma still face stark inequalities. The European Commission launched infringement proceedings against the Czech Republic in 2014, Slovakia in 2015, and Hungary in 2016 for discriminating against Roma in their educational systems. In all three countries, Roma are channeled into almost completely separate schools and classrooms—with disturbing parallels to the segregation African-Americans faced for decades. A Cause for Collaboration Comparisons between the struggles of African-Americans and the Roma are not new. Romanian activists first drew parallels in the 19th century when Uncle Tom’s Cabin, a book depicting the harsh realities of slavery in the United States, was translated into Romanian. Its criticism of slavery helped energize the campaign to abolish slavery in Romania. This shared historical experience, along with several others, is the basis on which many African-American and Roma activists form modern partnerships. These partnerships have expanded thanks to the efforts of both individuals and organizations. For example, in 1995 in the town of Szentendre, Hungary, former U.S. civil rights activist Michael Simmons organized what would come to be known as the Szentendre Exchange. African-American Veterans of the U.S. civil rights movement met with Romani activists to discuss their efforts to further civil rights in their respective communities. Each group was invited to share stories of victories, challenges, and the methods that were the most successful.  In 2018, Harvard’s Center for Health and Human Rights hosted a similar event for its annual celebration of International Roma Day. The event featured a panel discussion titled, “Alone Together: Strength and Solidarity between the Roma and African-American Communities.” Margareta Matache, leading Roma rights activist, and Cornel West, renowned political philosopher, served as speakers on the panel. The two noted that with increased solidarity and cooperation, African-American and Roma advocates can learn from one another and achieve greater change. Ivan Ivanov, the executive director of the European Roma Information Office, also cites the U.S. civil rights movement as an inspiration for his work. Ivanov, who studied international human rights law at Columbia University, heads an organization that focuses on anti-discrimination policies in the fields of education, employment, healthcare and housing. The OSCE has facilitated dialogue through its Office of Democratic Institutions and Human Rights (ODIHR). Larry Olomoefe, former ODIHR Adviser on Combating Racism and Xenophobia, has worked with Roma to advance their rights and lead workshops on civil disobedience and political activism. Olomoefe notes that a component of these seminars entails teaching the history of protests like those led by Dr. Martin Luther King, Jr. and determining how it relates to the issues the Roma face today. Helsinki Commission efforts build on this history of exchange and collaboration. Helsinki Commission staff invited Soraya Post and Romeo Franz, two Roma Members of the European Parliament (MEPs), to participate in congressional events on Roma and meet with U.S. government officials and civil society. This included meeting with members of the U.S. Congressional Black Caucus and a visit to Howard University in Washington, D.C. The two learned of the role that Howard University and other Historically Black Colleges and Universities (HBCUs) have had in supporting African-Americans’ struggle for civil rights.   Progress The campaign for greater civil protections for Roma has seen moderate success due in large part to the work of the European Roma Rights Centre (ERRC), a strategic law organization comprised of human rights lawyers and activists inspired by the NAACP’s legal victories during the U.S. civil rights movement. The ERRC enjoyed a major victory in 2007 when the European Court of Human Rights ruled against the Czech Republic for its practice of placing Romani children in separate classrooms under the guise of special education. Dubbed “Europe’s Brown v. Board of Education” after the seminal court ruling that outlawed de jure segregation in the United States, the “Ostrava Case” outlawed this form of school segregation and paved the way for future desegregation cases. The ERRC has achieved similar success in cases involving illegal deportations of Roma, disparities in access to clean water, and police brutality. The Helsinki Commission has supported Roma and minority rights since its inception. It has advocated for the recognition of the enslavement and genocide of Roma. Helsinki Commissioners have also spoken out against the systemic inequities that many Romani communities still face. Helsinki Commission Chair Rep. Alcee L. Hastings (FL-20), the commission’s first African-American chair, has frequently highlighted the importance of International Roma Day and, along with other Helsinki Commission leaders, in 2019 introduced a resolution celebrating the contributions of Romani Americans. Challenges Despite these victories, Roma continue to face discrimination and prejudice. A 2015 study found that an average of one out of five Europeans would feel “completely uncomfortable” working with a Roma colleague. In some countries that number rose to 50 percent. Still, promoting tolerance can only be achieved through a concerted effort. Although government support is necessary to create substantive change, it is not enough. The most successful campaigns for social change occur when governmental institutions form meaningful partnerships with civil society organizations.  The grassroots organizations that found success during civil rights movements were bolstered by progressive legislation and generous funding from the private and public sector. Similar partnerships can be formed to support the work of not only the organizations that focus on Roma issues but also those who seek to collaborate. The history of African-American and Roma collaboration suggests that there are possibly shared solutions to be gained out of a shared experience.

  • Helsinki Commission Chairman Amends NDAA to Reflect Support for Open Skies Treaty

    On May 21, 2020 the Trump administration reportedly decided to withdraw the United States from the Open Skies Treaty to be effective at the end of this year. To express strong opposition, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) recently authored an amendment to H.R.6395, the William M. (Mac) Thornberry National Defense Authorization Act (NDAA) for Fiscal Year 2021, expressing the sense of Congress that the Trump Administration’s decision to withdraw from the Treaty on Open Skies did not comply with a legal requirement to notify Congress; did not assert that any other Treaty signatory had breached the Treaty; and was made over the objections of NATO allies and regional partners.  “I am proud to have worked with Rep. Jimmy Panetta to successfully amend the House FY21 NDAA to express Congressional support for Open Skies and reiterate our commitment to the confidence and security building measures that are so vital to our NATO allies and partners,” said Chairman Hastings. “As Chairman of the U.S. Helsinki Commission, I strongly disagree with the President’s decision to withdraw from the Open Skies Treaty, an important arms control agreement that significantly reduces the risk of armed conflict.” The measure expresses support for confidence and security building measures like the Open Skies Treaty, because they reduce the risk of conflict, increase trust among participating countries, and contribute to military transparency and remain vital to the strategic interests of our NATO allies and partners. The amendment also underlines the need to address Russian violations of treaty protocols through international engagement and robust diplomatic action. The full amendment is available below or as amendment numbered 167 printed in House Report 116-457. Chairman Hastings had previously condemned the Trump administration’s decision to withdraw from the Treaty on Open Skies, which is designed to increase transparency, build confidence, and encourage cooperation among the United States, Russia, and 32 other participating states (including much of Europe as well as partners like Ukraine and Georgia), by permitting unarmed observation aircraft to fly over their entire territory to observe military forces and activities. In November 2019, the Commission hosted a joint hearing with the House Committee on Foreign Affairs on the importance of the Open Skies Treaty, emphasizing its critical role in security and stability around the world, which still stands today. The United States has conducted nearly three times as many flights over Russia as Russia has over the United States under the treaty. The United States has also used the treaty to support partners by conducting flights over hot spots such as the Ukraine-Russian border.  Amendment At the end of subtitle D of title XII, add the following: SEC. 12__. SENSE OF CONGRESS ON THE OPEN SKIES TREATY. It is the sense of Congress that-- (1) the decision to withdraw from the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002-- (A) did not comply with the requirement in section 1234(a) of the National Defense Authorization Act for Fiscal Year 2020 (133 Stat. 1648; 22 U.S.C. 2593a note) to notify Congress not fewer than 120 days prior to any such announcement; (B) was made without asserting material breach of the Treaty by any other Treaty signatory; and (C) was made over the objections of NATO allies and regional partners; (2) confidence and security building measures that are designed to reduce the risk of conflict, increase trust among participating countries, and contribute to military transparency remain vital to the strategic interests of our NATO allies and partners and should continue to play a central role as the United States engages in the region to promote transatlantic security; and (3) while the United States must always consider the national security benefits of remaining in any treaty, responding to Russian violations of treaty protocols should be prioritized through international engagement and robust diplomatic action.

  • The Future of American Diplomacy

    By Erick Boone, Max Kampelman Fellow; Gabriel Cortez, Charles B. Rangel Fellow;  Nida Ansari, Policy Advisor and State Department Detailee; and Dr. Mischa Thompson, Director of Global Partnerships, Policy, and Innovation America’s Competitive Advantage “Diversity and inclusion are the underpinnings of democratic societies. It is time to ensure that those from all segments of our society have an equal opportunity to contribute to the future of our nation as part of the vibrant workforce that is at the heart of our democracy.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission Promoting and maintaining workforce diversity offers strategic advantages to the government agencies tasked with advancing U.S. foreign policy, including the U.S. Department of State and the U.S. Agency for International Development (USAID). By leveraging the unique talents of the nation’s diverse communities—including valuable language skills, cultural competencies, and elevated credibility when engaging with local communities—the State Department and USAID can take unique advantage of opportunities to expand democracy, promote business, and support national security. Individuals from diverse communities often bring unique perspectives to policy discussions that would otherwise be absent in a homogenous workplace, and their presence in the U.S. foreign policymaking establishment illustrates the U.S. commitment to equality and justice. More broadly speaking, studies show that diverse workforces promote increased creativity and innovation, improve recruitment prospects, and avoid high turnover rates. Simply put, the diplomatic corps is better equipped to advance U.S. foreign policy by including its racially, ethnically, culturally, and otherwise diverse communities.  Unfortunately, currently there is a lack of diversity in America’s primary diplomatic agencies. The question remains: How can the United States better utilize the competitive advantage of its natural diversity on the world stage? Identifying Barriers to Diversity According to 2020 State and USAID reports published by the Government Accountability Office (GAO), racial and ethnic minorities remain severely underrepresented in both agencies. The reports found that of the nearly 25,000 full-time employees at the State Department, African Americans, Hispanics/Latinx, Asian Americans, and other racial groups only make up 7 percent, 7 percent, 6 percent, and 4 percent respectively. Overall, these demographics lag far behind the current diversity of the United States as documented by the U.S. Census Bureau. When employees reach senior-level positions, the percentages of non-white employees fall even more drastically. The GAO reports found that promotion rates within the State Department and USAID were generally lower for racial and ethnic minorities, and that minorities were underrepresented at higher ranks.  Native Americans were virtually absent from both agencies. The Road to Improvement In attempts to capitalize on the benefits of diversity to the diplomatic corps, the Department of State and USAID have introduced several efforts to attract and retain outstanding individuals from traditionally underrepresented groups. Some programs expose students and young professionals to the Foreign Service, allowing the U.S. Government to proactively recruit new generations of talented Americans. For example, the State Department’s Pathways Internship Program targets high school students as well as individuals enrolled in undergraduate and graduate institutions. Other efforts focus more broadly on building the skills that students will need to work in international affairs. The Charles B. Rangel Summer Enrichment Program provides undergraduate students, especially those from underrepresented communities, the opportunity to enhance their knowledge of U.S. foreign policy and the global economy through summer coursework. The Department of State and the Department of Defense also fund several scholarship programs, such as the Benjamin A. Gilman International Scholarship, the Boren Scholarship, and the Critical Language Scholarship, that enable students to study and travel internationally and serve as pipelines to international careers Fellowship programs like the Charles B. Rangel, Thomas R. Pickering, and Donald M. Payne Fellowships, named in honor of those in government who made a major impact in foreign affairs, aim to recruit, train, and retain the best and brightest from all corners of the United States and draw from the extensive perspectives of the American public. Over the years, these programs, which have historically received bipartisan support, cumulatively have produced nearly 1,000 fellows, many of whom are current Foreign Service Officers serving with the State Department or USAID in over 65 countries. In addition to graduate foreign service fellowships, the U.S. government and key partners have encouraged efforts to diversify the diplomatic corps through programs like the International Career Advancement Program (ICAP) at the University of Denver’s Josef Korbel School of International Studies and State Department affinity groups such as the Thursday Luncheon Group, which has been working to increase the participation of African-Americans and others in the formulation, articulation, and implementation of United States foreign policy since 1973. Inside government agencies and the public sector, affinity groups working to increase diversity include the Hispanic Employees Council of Foreign Affairs Agencies, the Asian American Foreign Affairs Association, Executive Women at State, GLIFAA, LGBT+ Pride in Foreign Affairs Agencies, and the Sunday Brunch group. The Public Policy and International Affairs Program promotes inclusion and diversity in public policy; Black Professionals in International Affairs focuses on expanding roles in global policy; and TruDiversity, an initiative of the Truman National Security Project, aims to attract more underrepresented minority groups to the field of national security. Increased efforts to recruit and retain diverse populations for diplomatic corps in other agencies have also begun at USDA, and been called for at the Departments of Commerce and Homeland Security, the Peace Corps, and other agencies. “The diversity of the American people is one of our greatest assets as a nation. Our national security agencies, especially those on the frontlines representing America around the world, should reflect this reality.” Sen. Benjamin L. Cardin (MD), Ranking Member, U.S. Helsinki Commission Helsinki Commission Efforts Members of the Helsinki Commission have a long history of supporting diversity and inclusion efforts in the diplomatic corps and in national security careers more broadly.  For close to a decade, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Ranking Member Sen. Ben Cardin of Maryland (MD) have joined bipartisan Congressional efforts to support annual funding for State Department and USAID diversity fellowship programs such as the Rangel, Payne, Pickering, and ICAP programs. Chairman Hastings and Sen. Cardin are both lead sponsors of the National Security Diversity and Inclusion Workforce Act of 2019 (S.497), which would strengthen employee diversity in the U.S. national security workforce through enhanced hiring, retention, and growth practices targeting gender, race, ethnicity, disability status, veteran status, sexual orientation, gender identity, national origin, and other demographic categories. In March, Chairman Hastings introduced the Federal Jobs Act to require a government-wide diversity and inclusion strategy. “Estimates indicate that by 2050, more than half of the U.S. workforce will be made up of Americans from diverse populations.  Effectively governing our nation will require that we fill federal jobs—whether they are in the military, intelligence, foreign service, health, or education sectors—with an equally diverse federal workforce who can meet the needs of our country.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) is a lead sponsor of the Paul Simon Study Abroad Program Act, which works to increase study abroad opportunities for diverse populations. Study abroad is often a precursor to professions in the diplomatic corps. Chairman Hastings also amended the Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019, which directs the Office of the Director of National Intelligence to implement a plan to expand the intelligence community’s recruitment efforts so that rural and underserved regions in the U.S. are more fully represented.  In 2017, Sen. Cardin worked with then-chairman of the Senate Foreign Relations Committee Sen. Bob Corker (TN) to include several strong diversity provisions, including support for the Donald M. Payne Fellowship and diversity data collection, in the 2018 State Department authorization bill. Most recently, Sen. Cardin helped lead Senate and House Foreign Relations Committee efforts to improve diversity at the State department Supporting policies that strengthen diversity and inclusion in the diplomatic corps and across the federal government ensures that the United States will become a shining example of the power and strength diversity can bring.  A diplomatic corps composed of individuals from all parts of the U.S. society not only presents a more accurate snapshot of America to the world and proves that the U.S. abides by its human rights principles, but also equips the country to handle complex challenges at home or abroad with the widest variety of skills, knowledge, perspectives, ideas, and experiences at the ready. 

  • OSCE Supplementary Human Dimension Meeting Examines Intolerance and Discrimination during Pandemic

    On May 25-26, 2020, the Organization for Security and Cooperation in Europe (OSCE) held the year’s first Supplementary Human Dimension Meeting (SHDIM).  The event, which attracted more than 950 participants from 57 countries, focused on addressing intolerance and discrimination and was the OSCE’s first public event hosted in an entirely virtual format. During the event, representatives of governments, civil society, and OSCE institutions discussed the importance of immediate, robust, and coordinated responses to acts of scapegoating, racism, xenophobia, and anti-Semitism, especially during times of crisis. Participants underscored the need to reject hate speech both online and off, and shared best practices to prevent its escalation into violence. Recommendations centered on the shared goals of building inclusive and resilient societies that guarantee human rights for all. In her closing remarks, Shannon Simrell, the U.S. Helsinki Commission Representative to the U.S. Mission to the OSCE in Vienna, highlighted recent commission engagement on combating intolerance and discrimination. Under the leadership of Chairman Rep. Alcee L. Hastings (FL-20), the Helsinki Commission's ongoing commitment to building safe, equitable, and inclusive societies has been embodied by “On the Road to Inclusion,” a new interethnic, multicultural, inter-religious, and intergenerational initiative designed to build broad-based coalitions and crafts durable solutions, based on respect and meaningful engagement of all members of society.  In addition, Helsinki Commission Ranking Member Senator Ben Cardin (MD), who also serves as the OSCE Parliamentary Assembly Special Representative for Anti-Semitism, Racism, and Intolerance, has directed funding to support OSCE’s comprehensive and multi-year Words into Action project, which develops inclusion handbooks for governments and communities.  The second Supplementary Human Dimension Meeting of 2020, scheduled for June 22-23, will focus on freedom of expression, press freedom, and access to information.  Closing Remarks by Shannon Simrell, U.S. Helsinki Commission Representative to the U.S. Mission to the OSCE On behalf of the U.S. Helsinki Commission, I wish to congratulate the Chair in Office for organizing this historic event, thank the speakers for sharing your expertise, and recognize my colleagues and civil society representatives for your thoughtful engagement on these issues. In the past two days, we have heard not only about the importance of immediate and definitive responses to acts of hate and intolerance, but also the importance of a comprehensive and long-term approach to dismantle the social, economic, legislative, and technological roots of discrimination.  Crises such as the COVID-19 pandemic lay bare the significant work that still needs to be done across the OSCE region to address prejudice, racism, xenophobia, anti-Semitism, and all forms of discrimination.  Helsinki commitments must be equally realized by everyone among us. Without exception. To ODIHR colleagues, thank you for your comprehensive approach to addressing hate crimes and intolerance while recognizing also the specific and varied challenges faced by various vulnerable groups, including Roma/Sinti, people of African descent, disabled, youth, women, and migrants and refugees.  In support of ODIHR’s vital role, I note that U.S. Senator Ben Cardin, in addition to his role as OSCEPA Special Representative for Anti-Semitism, Racism, and Intolerance, is proud to have directed funding to support phase two of the Words into Action project.  In addition, the Commission's commitment to building safe, equitable, and inclusive societies is further underscored by an initiative under the leadership of U.S. Helsinki Chairman Alcee Hastings, called “On the Road to Inclusion.”  This interethnic, multicultural, inter-religious, and intergenerational initiative builds broad-based coalitions and crafts durable solutions, based on respect and meaningful engagement of all members of society. I look forward to future events where we can continue not only our exploration of the hurdles, but an update on ways we are working to guarantee human rights for all.

  • Representative Millicent Fenwick

    By Annie Lentz, Max Kampelman Fellow On August 1, 1975, after years of negotiation and debate, the leaders of 35 nations gathered in Helsinki, Finland to sign the Helsinki Final Act, also known as the Helsinki Accords. The Helsinki Final Act—the founding document of today’s OSCE—is not a treaty, but rather an international agreement outlining 10 guiding principles for inter-state relations, among them respect for human rights and fundamental freedoms. The Helsinki Final Act marked the first time that the Soviet Union had signed a transnational agreement that included language on protecting human rights. With the passage of the act came a wave of hope that renewed value would be placed on human rights and freedom in the signatory countries. However, U.S. public opinion was not behind the Helsinki Final Act. Public understanding of the document was mired in misperceptions, and the agreement remained controversial even after it was signed by President Gerald Ford. While the Helsinki Final Act was eventually met with hard-won respect in the U.S.—including that of Secretary of State Henry Kissinger, who was originally skeptical of its utility—not all signatory countries adhered. The biggest transgressor was the Soviet Union, which jailed its citizens, restricted them from leaving the country, and limited their freedoms, all in direct violation of the Helsinki Final Act. Some in Congress began looking for ways to hold the Soviet Union accountable for its actions. The Commission on Security and Cooperation in Europe (also known as the Helsinki Commission)—the brainchild of the courageous and tenacious Rep. Millicent Fenwick—was the result. Rep. Millicent Fenwick Millicent Fenwick was born in New York City on February 25, 1910. Raised in New Jersey, she became involved with politics in the 1950s through the civil rights movement. Finding her footing in New Jersey politics, Fenwick ran and won a seat in the New Jersey Assembly, ultimately becoming elected to Congress as a representative for New Jersey in 1974. She was 64 years old. Appalled by the Russian neglect of the Helsinki Final Act and the theft of freedom from its citizens, the newly elected Rep. Fenwick projected a resounding voice on the topic of human rights advocacy and accordance to the Helsinki Final Act. Rep. Fenwick’s activism was prompted by a 1975 visit to Russia, one week after the Helsinki Final Act was signed. As noted in Amy Shapiro’s book, Millicent Fenwick: Her Way, the visit brought on a revelation. “You read about an automobile accident and you’re shocked,” Rep. Fenwick said. “But you come upon that accident and see the blood on the victims and hear their cries – how different it is. Well, that’s what it was like to go to Russia and hear the cries of all these desperate people.” Specifically, Rep. Fenwick empathized with the case of Lelia Ruitburd, whose husband and son were arrested by the police at the Yalta Airport for conspiring to emigrate. While Ruitburd’s son was eventually released, her husband disappeared forever. Ruitburd lived the remainder of her life worried, anxious, and utterly alone, all because her family had hoped for a better life outside of the Iron Curtain. Witnessing such devastation first-hand, Rep. Fenwick leapt into action, becoming one of the two primary advocates for the creation of a U.S. body to observe and promote compliance with the human rights provisions of the Helsinki Final Act, alongside Sen. Clifford Case, also of New Jersey. Establishment of the Helsinki Commission Rep. Millicent Fenwick, President Gerald Ford, and Senator Clifford Case at the signing of Public Law 94-304. Rep. Fenwick’s advocacy manifested in Public Law 94-304 of June 3, 1976, the legislation that created the Helsinki Commission. Her partnership with Senator Case was instrumental in passing the law. The new law authorized the Helsinki Commission “to monitor the acts of the signatories which reflect compliance with or violation of the articles of the Final Act…with particular regard to the provisions relating to human rights and Cooperation in Humanitarian Fields.” This mandate extended to other areas covered by the Helsinki Final Act, including economic cooperation and the exchange of people and ideas between participating States.  The primary goals of the commission were to strengthen the legitimacy of human rights monitoring; to defend those persecuted for acting on their rights and freedoms; to ensure that violations of Helsinki provisions were given full consideration in U.S. foreign policy; and to gain international acceptance of human rights violations as a legitimate subject for one country to raise with another. Backlash for Oversight Within the U.S. the establishment of the Commission was controversial. Public Law 94-304 was signed against the advice of senior foreign policy advisors, including Secretary of State Kissinger. As noted in Shapiro’s book, Kissinger “preferred bilateral negotiations between Washington and Moscow rather than dealing with another thirty-plus nations assembled at the table,” and was equally skeptical of the value of the Helsinki Commission. When questioned whether the establishment of the Helsinki Commission was provocative, Fenwick maintained it was not. In an interview with Meet the Press in 1977, Fenwick argued, “It is not our actions that are probing this sensitive thing. It is the fact that the government of the Soviet Union signed something saying to its citizens that they have the right to travel, that they have the right to reunification of families, that they have the right to information.” Fenwick continued, “We must abide by the condition that the international organizations are living by.” After its establishment, Rep. Fenwick became an original member of the Helsinki Commission and served as a commissioner until she retired from Congress. Her time in the House of Representatives continued to be impactful and courageous. She was lauded by the press for her diligence and ethics, classified by Walter Cronkite as “the conscience of Congress.” She remained a strong opponent of corruption and a driving advocate for human and civil rights throughout her tenure. Rep. Fenwick set the tone for the continued commitment of the U.S. Congress to the Helsinki Final Act and established a base from which human rights could be prioritized in U.S. policy that is still in use today.

  • Reflecting on Chechnya

    By Mia Speier, Max Kampelman Fellow On December 11, 1994, Russian forces advanced into Chechnya, a republic in the North Caucasus near Georgia and Azerbaijan, to stop an attempt at secession. A Chechen separatist movement started to gain momentum following the collapse of the Soviet Union and the Russians refused to allow any chance at separation. This marked the start of the First Chechen War, a conflict that erupted after decades of hostilities between the former Soviet government and the Chechen forces. The war dragged on for nearly two years, destroying the capital city of Grozny and killing tens of thousands of people—mostly civilians. The conflict, which started as an internal national movement, was complicated by flows of foreign money and foreign fighters. Militant Islamists joined the fight against Russia during the latter half of the war as part of a declared global jihad. Officials in Russia feared a repetition of the violence that occurred during the Soviet war in Afghanistan nearly a decade prior. Though Russia withdrew from Chechnya for a short time after the first war, the Second Chechen War broke out in 1999. This second war began after Putin blamed Chechen secessionists for bombings that killed Russian civilians, although there was no evidence of Chechen involvement in the bombings. Russian forces were sent into the republic again, and the Russian government succeeded in putting Chechnya under its control. Since then, the region has been a republic of Russia and is governed by Putin-appointed president Ramzan Kadyrov. Amid the conflict, however, the international community took steps to confront Russian aggression and violence in the region. On March 13, 1997, the U.S. Helsinki Commission convened a hearing called “The Future of Chechnya,” to discuss the efforts of Chechen citizens to free themselves from Russia’s painful yoke and fight back against Moscow’s defiance of international principles and the rule of law. The Helsinki Commission hearing focused on the 1994 Organization for Security and Cooperation Budapest Document that requires all participating States, including Russia, to ensure that their armed forces are commanded in a way that is consistent with international law. At the time of the hearing, an estimated 30,000 to 80,000 people had died in the territory, and tens of thousands of citizens had been displaced. The violence against and displacement of citizens in Chechnya was a clear violation of the Budapest Document. Then-Chairman Rep. Alfonse M. D’Amato chaired the hearing and noted that though many people were paying attention to the ongoing conflict in Bosnia at the time, it was important to also pay attention to the conflict in Chechnya and, more specifically, to think about the role of the OSCE in the region. “The world watched, horrified, as the Russian military used massive firepower against the Chechen guerrillas,” D’Amato said. “While the international community recognizes the principles of territorial integrity, there can be no doubt that in its effort to keep the Chechens in the Russian Federation, the Russian Government violated recognized international principles.” Since 1997, the Helsinki Commission has held several other public events related to human rights abuses, arbitrary arrests, abductions, and disappearances and the plight of Chechen refugees. In 2003, the commission penned a letter to then-Secretary of State Colin Powell urging the U.S. delegation at the United Nations Commission on Human Rights in Geneva to express concern over reported rights violations in Chechnya. Though it has been nearly 30 years since the First Chechen War, the situation in Chechnya remains bleak. In 2017, Congress passed a bipartisan resolution condemning widespread anti-LGBT persecution and violence in Chechnya after it was revealed that state law enforcement officials beat, imprisoned, and murdered hundreds of men perceived to be gay or bisexual. In June 2018, then-Chairman (and current Co-Chairman) Sen. Roger Wicker and Sen. Benjamin Cardin penned a letter to Secretary of State Mike Pompeo urging the United State to invoke the OSCE’s Moscow Mechanism in response to escalating human rights abuses in Chechnya. The Moscow Mechanism allows for the establishment of a short-term fact-finding mission to address a specific human rights concern in the OSCE region. In November 2018, the 16 of the 57 OSCE participating States invoked the Moscow Mechanism to investigate the alleged disappearances, killings, and torture taking place in Chechnya—all of which were concerns raised at a Helsinki Commission hearing just months prior.  Though Russia failed to cooperate with the fact-finding mission, the resulting report concluded that the evidence clearly confirmed the allegations of very serious human rights violations and abuses in the Chechen Republic of the Russian Federation. Today, multiple reports of journalists and bloggers in Chechnya being beaten or murdered calls for even more concern for individual freedom and civil liberties in the region. In early February, Yelena Milashina, a prominent Russian journalist and lawyer who exposed the cruelty against gay Chechen men, was beaten in Grozny. Imran Aliev, an outspoken Chechen blogger who criticized President Ramzan Kadyrov, was found murdered in France earlier this year. Aliev’s death is one of many deaths and disappearances in recent years of Chechen dissidents throughout Europe, sparking heightened fears of Chechen death squads hunting down those seeking asylum outside of the republic.

  • Election Observation 101

    On January 22, 2020, Helsinki Commissioner Rep. Mark Veasey (TX-33) moderated a roundtable at the Texas A&M School of Law titled “Election Observation 101: Strengthening Democracies Old and New in the 21st Century.”  Rep. Veasey—who also is a co-chair of the Congressional Voting Rights Caucus and a former member of the Elections Committee in the Texas House of Representatives—and expert panelists discussed the importance of election observation missions across the OSCE region. Rep. Veasey was joined at the roundtable by veteran election observer Lindsay Lloyd, director of the human freedom initiative at the George W. Bush Institute; Amanda Schnetzer, chief operating officer of Pointe Bello; and Helsinki Commission Chief of Staff Alex T. Johnson.  Law school dean Robert Ahdieh offered a warm welcome and reflected on his fondest memories of the Helsinki Commission as a young man living in Moscow, Russia. Rep. Veasey then set the stage with the 30-year celebration of the 1990 Copenhagen Document which established the international standards for “free and fair elections”, while Mr. Lloyd explained the dynamics of how teams are assembled. Mr. Johnson further clarified the role of observers as strict watchers or objective examiners, and never interventionists, and Ms. Schnetzer shared how her experience observing elections in Tunisia forever shaped her passion for civic engagement and democratic values.  “[In 2011], the people of Tunisia were voting... To see the looks on the faces of women, grandparents coming to poles for the first time, casting a vote, and bringing a grandchild in tow, to say ‘I have waited all my life to do this’ was simply inspirational,” Ms. Schnetzer said. “I saw the stark comparison in the United States because few get excited on the first day they get to vote… I wish that we could find a way to positively spark that enthusiasm here [in the U.S.].” Looking ahead to the U.S. elections in November 2020, all panelists agreed that more could be done to inform the American public about foreign observers and the benefits of international election observation. Election observers from both the OSCE Office of Democratic Institutions and Human Rights and the OSCE Parliamentary Assembly are expected to be invited by the United States Government to observe the 2020 elections. The OSCE was first invited to observe U.S. elections by the Bush Administration in 2002 and has been invited to observe every midterm and general election since (2004, 2006, 2008, 2010, 2012, 2014, 2016, and 2018) by the administration in office. However, the decentralized nature of the U.S. electoral system means some states prohibit or greatly restrict foreign observers. A few states explicitly permit foreign observation, or at least a sufficiently public observation to include those from other countries.

  • Anti-Kleptocracy Initiatives Supported by the Helsinki Commission

    Corruption has become a key foreign policy tool of U.S. adversaries. Russia, China, Venezuela, Iran, and other authoritarian regimes deploy it to undermine democracy, human rights, and the rule of law around the world.  They use it to destabilize countries where the rule of law is weak and gain access to elite circles in countries where the rule of law is strong. Such regimes also create an uneven playing field favoring autocrat-owned concerns by sidelining companies and businesspeople that comply with the rule of law. Several Helsinki Commission-supported anti-kleptocracy initiatives confront this threat by resourcing and streamlining U.S. efforts to build the rule of law abroad (H.R. 3843/S. 3026), exposing the names and misdeeds of kleptocrats around the world (H.R. 3441), ending impunity for foreign corrupt officials (H.R. 4140), and shining a light on ill-gotten gains hidden in the United States (H.R. 4361). Taken together, the passage of these bills would represent a decisive first step toward a reordering of U.S. foreign policy that prioritizes the fight against global corruption and the promotion of the rule of law around the world. H.R. 3843/S. 3026, the Countering Russian and Other Overseas Kleptocracy (CROOK) Act, the most comprehensive of the four bills, outline and would mandate a U.S. foreign policy strategy that focuses on global corruption as a key national security threat. The key operative mechanism of the bill is the establishment of an Anti-Corruption Act Fund, which is financed through a surcharge on certain high-value FCPA cases. The bill also would establish an interagency working group on anti-corruption and anti-corruption points of contact at U.S. embassies to coordinate use of the Fund and U.S. efforts to promote the rule of law abroad more generally. H.R. 3441, the Kleptocrat Exposure Act, and H.R. 4140, the Foreign Extortion Prevention Act, would each provide the Executive Branch authorities to push kleptocrats out of the global economy. H.R. 3441 would enable the Secretary of State to reveal publicly the identity of any individual whose visa has been banned for reason of human rights abuse or corruption, thereby providing invaluable information to foreign states, the private sector, journalists, civil society, and any other interested party. H.R. 4140 would enable the Department of Justice to build cases against foreign corrupt officials who extort U.S. persons abroad, a long overdue tool to level the playing field in international business between U.S. companies, which are barred from exporting corruption, and autocratic ones, which are encouraged to do so. Finally, H.R. 4361, the Justice for Victims of Kleptocracy Act, would create a formal mechanism to demonstrate U.S. solidarity with the victims of kleptocracy. It mandates that the Department of Justice create a website listing by country the total funds recovered by U.S. law enforcement that were stolen and hidden in the United States. It expresses further U.S. intent to return those funds to the benefit of the people from whom they were stolen at such a time as the United States can be sure that the money will not be stolen again. This simple transparency mechanism would resonate with journalists, civil society, and citizens of kleptocracies around the world and help them to hold their leaders to account. Fact Sheet: Anti-Kleptocracy Initiatives Supported by the Helsinki Commission

  • An Assessment of the Open Skies Treaty

    By Juliet Michaelsen, Max Kampelman Fellow Recently, a somewhat obscure security and confidence-building measure returned to the headlines. In October 2019, reports surfaced that the Trump Administration was considering withdrawing from the Treaty on Open Skies, an overflight arrangement designed to boost military transparency and stability across 34 signatories in North American and Eurasia. What is the Open Skies Treaty? In 1955, President Eisenhower first proposed that the United States and Soviet Union allow aerial observation flights over each other’s territories to reduce the risk of miscommunication and subsequent war. Although initially rejected by the Soviets, the idea of Open Skies was revived by President George H.W. Bush in 1989. Bush built on Eisenhower’s vision, suggesting the agreement not just be between the United States and the Soviet Union, but also between NATO and the Warsaw Pact. In 1992, the Open Skies Treaty was signed by the United States, Canada, Russia, and 21 European states. Since the treaty entered into force in 2002, membership has increased to 34 states. The treaty requires that all participants allow observation aircraft to fly over their territory to observe and take pictures of military forces and activities. These images are shared with the observing and observed states, and available for purchase by other treaty signatories. The Open Skies Treaty’s fundamental purpose—enhancing military transparency and cooperation—flows from the same set of commitments that underpin both the Helsinki Commission and the Vienna-based Organization for Security and Cooperation in Europe (OSCE). As Alexandra Bell noted during a Helsinki on the Hill podcast on Open Skies, this “increased openness between militaries will reduce tensions between states and limit the probability of conflict [because] if you know what another country has, if it’s clearly observable to you, you don’t have to plan for things that you’re just guessing about.” Assessing the Treaty During the treaty’s almost 18 years of implementation, the parties have conducted over 1,500 observation flights. The cooperation required to solve logistical problems (such as air traffic control) and inspect planes is one important confidence-building measure. Another is the fact that host countries also have personnel on any observation flight, thus ensuring the flight stays within its agreed plan. This collaboration increases mutual trust and encourages cooperation. Additionally, the Open Skies Consultative Commission, the implementing body of the Open Skies Treaty based at the Organization for Security and Cooperation’s (OSCE) headquarters in Vienna, provides one of the few remaining forums where the United States and Russia can discuss problems and collaborate on solutions. The treaty also allows the United States to provide an important benefit to its allies and partners, who typically ride on flights conducted by the United States. Specifically, as Rep. Emmanuel Cleaver II noted during a joint hearing of the Helsinki Commission and the House Foreign Affairs Subcommittee on Europe, Eurasia, Energy and the Environment, the treaty “allows even small countries a way to get information on military activities around them [which] has been even more important given the Kremlin’s propensity to violate established borders.” One notable example came in December 2018 after Russia attached Ukrainian naval vessels near the Kerch Strait. The United States undertook an Open Skies flight, which was “intended to reaffirm U.S. commitment to Ukraine and other partner nations,” according to the Department of Defense, a message underscored by the flight’s inclusion of personnel from Canada, Germany, France, the United Kingdom, Romania, and—crucially—Ukraine. The Open Skies Treaty also has heightened transparency, specifically between the United States and Russia. Both countries have conducted numerous observation flights over the other’s territory. The United States and its allies have flown about 500 flights over Russia since the treaty’s implementation, including 16 in 2019 alone. According to the State Department, the United States participated in nearly three times as many flights over Russia as Russia has over the United States. The images captured by these flights serve as a crucial, credible, unclassified source of information about Russian forces at a time when Europe and the United States are often uneasy about Russia’s intentions. The Open Skies Treaty does face criticism by some politicians and analysts. For example, a Senate resolution introduced by Sens. Ted Cruz and Tom Cotton calls for the United States’ withdrawal from the Open Skies Treaty, citing Russia’s partial non-compliance as a major problem the treaty. Specifically, Russia has restricted Open Skies flights over its military hub in Kaliningrad and restricted the conduct of flights near its border with South Ossetia and Abkhazia. However, the State Department does not consider these problems insurmountable and has taken many steps to address these issues, including bringing the problem to the Open Skies Consultative Committee, restricting Russian flights over Hawaii, and denying access to two United States airbases. The Future of the Open Skies Treaty In the wake of President Trump’s reported plan to withdraw the United States from the Open Skies Treaty, many members of Congress have expressed support for the agreement and warned of the dangers of withdrawal. House Foreign Affairs Committee Chairman Rep. Eliot Engel first sounded the alarm in a publicly released letter to National Security Advisor Robert O’Brien on October 7, 2019. In the letter, Engel expressed concern about such reports and argued that “American withdrawal would only benefit Russia and be harmful for our allies’ and partners’ national security interests.” Soon after, numerous members of Congress came together to urge foreign policy officials to keep the treaty. House Armed Services Committee Chairman Rep. Adam Smith and Sens. Robert Menendez and Jack Reed (the ranking members of the foreign relations and armed services committees, respectively), joined Rep. Engel in writing a letter to Secretary of State Pompeo and Secretary of Defense Esper, highlighting the importance of Open Skies. A similar letter was sent to Secretary Pompeo by 11 Democratic senators two weeks later. In November 2019, Helsinki Commission Chairman Rep. Alcee L. Hastings co-sponsored the bipartisan “Open Skies Treaty Stability Act,” which would prevent the president from unilaterally withdrawing the United States from the treaty by setting conditions on any potential steps towards withdrawal. The bill specifically notes that “due to the significant benefits that observation missions under the Open Skies Treaty provide to the United States and United States allies, the United States should commit to continued participation in the Treaty; and the President should not withdraw the United States from the Open Skies Treaty.” Support for the Open Skies Treaty extends beyond Capitol Hill. For example, in an October 20, 2019, Wall Street Journal contribution, former-national security officials George Shultz, William J. Perry and Sam Nunn suggested that “Open Skies has become what Eisenhower envisioned—a critical confidence-building treaty that improves Euro-Atlantic security with every flight. The U.S. should preserve this agreement, particularly in a time of renewed tensions with Russia.”  Similar calls have come from abroad. The Political and Security Affairs Committee Chair of the OSCE Parliamentary Assembly (OSCE PA) strongly urged the United States to stay in the treaty, citing the increased transparency and cooperation fostered by the agreement. Meanwhile, Ukraine’s Foreign Ministry expressed their interest in “maintaining and implementing this treaty” in a statement to the Wall Street Journal. The vocal advocacy both within and outside of the United States for the continuation of the Open Skies Treaty sheds light on its important role in Euro-Atlantic security and cooperation.

  • First Person: Nothing Unusual

    By Rachel Bauman, Policy Advisor Election day began like every November day in Belarus: black. Without the time change that makes a late-autumn morning in DC bearable, darkness enveloped Belarus until almost 9:00 a.m. We would be rising much earlier than that to observe the opening of the polls for the November 17 parliamentary election. This was my second election observation, after the first round of the Ukrainian presidential election in March 2019. That election was widely considered free and fair—a great achievement for a new democracy plagued by a Soviet legacy. In Belarus, the last election generally considered free and fair was the 1994 election of President Alexander Lukashenko, who remains in power, with essentially complete control over the government, 25 years later.   Most Belarus-watchers suspected that much of the number-fudging was done before the arrival of election day observers. Early voting took place throughout the week before election day, providing an opportunity to inflate turnout numbers. Multiple opposition candidates could not even make it on the ballot due to selectively-imposed restrictions and technicalities applied to stamp out the competition well before voting took place. Neither I nor the other members of my election observation team (two diplomats already in Minsk: one from the U.S. Embassy, and one from the Swedish Embassy), expected many surprises from the conduct and outcome of the elections. The day started smoothly enough, with a standard, albeit sparsely attended, opening. As we moved on to other polling stations throughout the day, the conditions were mainly the same: observers registered with the chair of the election commission for that precinct and were seated at a table specifically for observers, both national and international. Sign directing voters to polling sites in Belarus. Because the vast majority of OSCE PA observers remained in the Minsk region, and we had traveled a few hours northeast to Vitebsk, we came across only Belarusian observers, whether from trade unions, political parties, or other groups. The observer tables were far enough away from the action that in most cases we could not see much of the voter sign-in and identification check process. When we asked to see the voter lists, we were denied in multiple instances. This was startling for me; in Ukraine, we wandered freely throughout polling stations and had access to everything. Nevertheless, the mood was festive and the people friendly. Music—from disco to Soviet favorites to patriotic tunes—played in the background at several polling places. We received candies in one location and a proud explanation of the region’s main industry in another. A few photos were taken with us, and at one polling place a neighboring observer remarked how interested she was that I had come all the way from the United States just for the election in Belarus! Despite the fun and frivolity, it became clear to us by the end of the day that, though we had seen no gross violations in conduct, the whole process lacked the transparency I had witnessed in Ukraine, or that should be expected in any OSCE country committed to democratic norms.   Nowhere was this more apparent than during the count. As usual, we were confined to the observers’ table just far enough from where the action was taking place to limit real observation. The mobile voting, early voting, and election day ballots were collected and counted in one pile, silently. Because we could not fully see or hear the count, there was no way of knowing whether it was accurate, even though the precinct chairwoman came over occasionally to riffle through the marked ballots for us. By only 9:15 p.m.—the polls had closed at 8—the count was finished and a winner declared. Votes being counted at a polling site. Our next step was to follow our companions from the polling station to the District Election Commission, where they would deliver the results protocol and election materials. After watching a few deliveries from around the area and encountering many familiar faces from earlier in the day, we decided to head back to the hotel, arriving at a remarkably early 10:30 p.m. Though it was still a long and exhausting day, many such elections, including the one I’d observed in Ukraine, had counts lasting long into the night. The next morning’s results were both surprising and unsurprising. It was no great shock to see that the reported turnout was over 77 percent—suspiciously high for elections to a body with no real power. According to the Statement of Preliminary Findings and Conclusions, the OSCE International Election Observation Mission noted that early voting turnout in particular (35.77 percent) seemed inflated compared to the reports of observers. More disturbingly, not a single opposition candidate was elected (there had been two in the previous parliament). That Lukashenko would not permit even a semblance of pluralism calls into question the seriousness of his seeming attempts to court the West when faced with a revanchist and controlling Russia—a topic which the U.S. Helsinki Commission explored in a hearing held shortly after the election. Observers would be wise to watch the trajectory of the country as Lukashenko navigates his tricky relationships with the West and Russia. Ultimately, stability—in large part the stability of his own job—will be first in his mind as the 2020 Belarusian presidential election swiftly approaches. A major political upheaval is not likely in the cards. When my colleague stationed in Grodna asked a young independent observer if he’d seen anything interesting or unusual during election day, the observer responded, “Unusual? No. Nothing unusual. This is Belarus. There has been nothing unusual for 25 years.”

  • Mongolia: The OSCE’s Newest Participating State

    Mongolia became an Organization for Security and Cooperation in Europe (OSCE) participating State in 2012, the most recent country to freely undertake all OSCE commitments. Previously, Mongolia—like Australia, several countries in Asia, and a number of Mediterranean nations— had been an OSCE Partner for Cooperation, states in formal dialogue with the OSCE, though not taking on OSCE commitments. This transition—from partner to full-fledged participant—is the first time such a transition had been made, and marks the first ever enlargement of the OSCE region. It signaled the strong commitment of Mongolia to the values articulated in the Helsinki Final Act. Recently, Helsinki Commission staff visited Mongolia to meet with interlocutors in government, civil society, and the private sector. The delegation found entrepreneurial partners committed to democratic values and fundamental freedoms. This was particularly impressive given that the country is located between Russia and China—large authoritarian powers known for their use of economic and other forms of coercion to achieve foreign policy goals. However, Mongolia also faces emerging challenges regarding public corruption and the rule of law. While Mongolia remains the sole strong democracy in the region, recent developments and trends may threaten its democratic achievements and its potential to be a model for other nations in the region. The OSCE is based on an idea of comprehensive security: the concept that military security, economic security, and human security must all be considered when engaging in international relations. Mongolia can be analyzed through a similar lens, with its military situation, economic situation and human rights situation all informing policy toward the country. First Dimension: Political-Military Affairs Mongolia is in the quintessential bad neighborhood. No two countries have acted as aggressively toward their neighbors Russia and China. Russia currently is in violation of all ten Helsinki principles as a result of its occupation of Crimea and continuing destabilization of Eastern Ukraine. Luckily, neither of Mongolia’s neighbors has yet opted to invade the country. Historically, Russia has acted as guarantor of Mongolia’s sovereignty against China, the much more likely candidate of the two to pose an immediate security threat. However, recently Russia has increased its cooperation with China, as demonstrated by a recent Russia-China joint military exercise. While Mongolia continues to purchase arms from Russia, this new trend of Russian-Chinese cooperation poses the most important threat to Mongolian security. Already, Mongolia has been pressured to join the Shanghai Cooperation Organization (SCO), a China-centric political alliance—to which Russia also belongs—based on authoritarianism and dedicated to the eradication of the so-called three evils of terrorism, extremism, and separatism. However, there are also reasons to doubt the future of Russia-China cooperation. Mongolian national security experts seem certain that the scope of cooperation has a low ceiling and that much of the collaboration—like the recent military exercise—is just for show. These experts argue that Russia has no desire to subordinate itself to Chinese interests in the long-term, which it would be required to do to enhance cooperation; China is the much stronger partner. Second Dimension: Economic & Environmental Issues While a military invasion of Mongolia by China remains unlikely, China has found other ways to exert its influence in the country, largely through economic coercion. China’s economic weight and importance as a market for Mongolia—a commodity-based economy heavily reliant on its much larger neighbor—means that China can dictate terms on contracts and agreements. It can also leverage this economic power for political purposes as it famously did when it closed a key China-Mongolia border crossing for truckers after the Dalai Lama visited Ulaanbaatar. As a result, Mongolian policymakers have begun to search for new markets, products, and opportunities that could diversify their economy. One key product is cashmere. Currently, most cashmere exports to the United States originate from China, which, thanks to its enormous market, largely determines the global price of cashmere. This enables China to purchase Mongolian cashmere cheaply and prevent it from posing a challenge to the Chinese cashmere industry. The Mongolia Third Neighbor Trade Act (H.R. 2219 and S. 1188) currently being considered by the U.S. Congress would remove U.S. tariffs on Mongolian cashmere goods and increase the demand for raw cashmere within Mongolia, empowering domestic producers and eroding China’s quasi-monopolistic control of the market. In doing so, the Third Neighbor Trade Act would help to diversify Mongolia’s economy and make it more resilient against its large, aggressive neighbor to the south. It would also serve to empower women in the country, who are employed disproportionately to men in cashmere factories. However, sustainability remains a problem. The goats from which cashmere is derived feed on grass in a destructive way, pulling out root and stem. This can lead to the desertification of the environment. As demand for cashmere increases and nomads enhance their herds with additional goats, one can expect this tragedy of the commons to become worse. Though producers of cashmere goods within Mongolia have attempted to build sustainability into their business models, the U.S. Congress may wish to consider this aspect of the business to prevent any unintended environmental consequences of increased demand for Mongolian cashmere. Corruption Mongolia is currently struggling to address an ongoing public corruption problem, in part through the Independent Agency Against Corruption, an independent investigative law enforcement agency designed to fight graft. Still, reporting shows that bribery and abuse of public office remain a problem in the country and one that should be of concern as an OSCE participating State. Mongolia was recently added to the grey list kept by the Financial Action Taskforce (FATF). The FATF is the premier international governing, rulemaking, and peer evaluation body for financial conduct. Its most potent tool is the FATF black list, which identifies countries that do not comply with its list of international financial standards designed to prevent threat financing and money laundering. The price of landing on this black list is immense—banks will not do business with blacklisted countries, or entities located within them, leading to enormous losses in potential revenue. The grey list serves as the warning list prior to inclusion on the black list. Though grand corruption may have gotten in the way of completing the necessary reforms to avoid a designation on the FATF grey list, in Mongolia’s case, it appears that the problem may be primarily one of capacity. Mongolia has never had to establish the anti-money laundering framework of a more developed country and lacks the training and expertise to bring itself in compliance. The U.S. Department of the Treasury is already providing assistance to Mongolia to build robust anti-money laundering systems that will get it off the grey list. An OSCE field mission could also assist with these and other capacity problems; however, all participating States must agree to allow Mongolia to host such a mission. Russia continues to block this move. Rule of Law While lack of capacity explains many of Mongolia’s compliance problems, signs indicate that certain powerful political players are seeking to roll back rule of law safeguards in the country. Recently, a law was passed enabling the National Security Council of Mongolia—a small body consisting of the President, the Prime Minister, and the Speaker—to dismiss judges due to claims of corruption. While the council argues that reform necessary to take down corrupt judges who would otherwise be defended by the patrons they serve, it is not hard to imagine how this power could abused. At least 17 judges have been dismissed in this fashion. The National Security Council claims that this power will no longer be necessary once they have completed reforms that should weed corruption out of the judiciary. This reform includes new bodies to both select and discipline judges. Third Dimension: Human Rights and Humanitarian Issues Media Consolidation Media consolidation is a growing problem for journalism in Mongolia. The major media outlets of the country are owned by a handful of individuals who use this ownership to further their political agendas. As a result, journalists are at risk of self-censorship or even pushed to promote stories that further the political narratives of the media tycoons. Media consolidation breeds a problematic information environment in Mongolia and contributes to a lack of opinion diversity. Closing Space for Civil Society Mongolia also seems threatened by the potential for the ruling elite to close the space for the operation of civil society. A draft law proposes creating a public fund that would serve as the exclusive funding source for all civil society operations. This would mean that civil society would be forced to comply with the conditions put on this fund or cease to exist. While this approach is not yet law, interlocutors warned that the next election will be one to watch and could lead to the consolidation of power should certain elements be victorious. Conclusion Mongolia is a country with great potential to contribute to the Helsinki Process if it is empowered to do so. By joining the organization in 2012, it proved that the OSCE could grow. Now, it seeks to demonstrate its leadership once again by receiving an OSCE field mission at a time when many of its neighbors are trying to close theirs—like Kazakhstan—or have successfully closed theirs—like Azerbaijan. With the right combination of ambition and caution, Mongolia could lead the way to a future of democracy in the steppe. However, there are warning signs that Mongolia could be heading in the wrong direction. The United States should do everything in its power to prevent this—both via diplomatic engagement and economic assistance. The clearest way for Congress to do this is through the passage of the Third Neighbor Trade Act. The OSCE too should focus its efforts on Mongolia as a far-flung state with immense potential. Mongolians could take up leadership positions in its institutions, potentially even serving as a Chair-in-Office in the near future. By becoming more visible in the organization itself, Mongolia can build its profile as a leader and the OSCE can take advantage of its expertise in preserving democracy in a hard neighborhood.

  • On the Road to Inclusion

    From November 18 to November 22, 2019, the State Department’s Strategic Religious Engagement Unit and the U.S. Consulate in Milan, in cooperation with the U.S. Helsinki Commission, launched a new transatlantic democracy program for youth, “On the Road to Inclusion.” The program empowers young people to collaborate across diverse social, cultural, religious, and generational differences to promote positive change through democratic practices.  The first iteration of the program took place in the northern Italian cities of Milan, Turin and Vicenza: cities with populations that have been at the heart of increased demographic change, economic decline resulting in high levels of youth unemployment, and political tensions that have increased societal divisions, including a rise in anti-Semitism, anti-Muslim sentiments, xenophobia and racism.  The program brought together more than 250 youth leaders and 50-plus organizations to tackle societal challenges at the local and national levels, engage and build coalitions with their peers across differences, and contribute to their communities effectively through advocacy and education. Participants included representatives of diverse populations – voices traditionally lost within the democratic process – as well as organizations working on migrant and refugee integration, social inclusion, youth engagement, and leadership. During the program, American experts Christin “Cici” Battle, Executive Director of Young People For, and Rebecca Lenn, a strategic communications consultant, led workshops to promote civic engagement and leadership with a focus on building community, strengthening interreligious and intercultural cooperation for action, advancing integration, and boosting traditional and digital media literacy. Battle helped participants develop concrete skills and advocacy tools in coalition building. These means of engagement included joining forces with groups who have different approaches in order to make a movement more powerful. Lenn led participants in discussions on how to recognize and counter hate speech, disinformation, and cyber bullying. In an interview with Giornale di Vicenza about the program, she outlined challenges young people face with social media, and underscored the importance of media in facilitating social change. Extensions of the program will include opportunities for alumni of the program to engage with U.S. youth and organizations to exchange civic engagement practices, and the Helsinki Commission will continue to work closely with the Department to expand “On the Road to Inclusion” in other Western European cities in the coming year. The Helsinki Commission has long worked with the State Department to support strategic investment in young and diverse leaders to enhance democratic development and safe, inclusive, and equitable societies across the OSCE region though programs like the Transatlantic Inclusion Leaders Network. A December 2019 commission hearing focused on the role public diplomacy leadership programs for emerging and established leaders can play in sustaining western democracies and the transatlantic partnership for the future. 

  • U.S. Helsinki Commission Hosts Staff Briefing on World’s Biggest Data Set of Hate Crime Statistics

    On Wednesday, October 23, 2019, the U.S. Helsinki Commission hosted a congressional staff briefing on addressing hate crimes in Europe and the United States. The event was moderated by Dr. Mischa Thompson, Director of Global Partnerships, Policy and Innovation at the U.S. Helsinki Commission. The Commission’s guest speaker, Cristina Finch, the Head of the Tolerance and Non-Discrimination Department at the OSCE Office for Democratic Institutions and Human Rights (ODIHR) provided an overview of hate crimes statistics in Europe and North America. She described the efforts that the Organization for Security and Cooperation in Europe (OSCE) has made to address hate crimes and hate incidents in the region. Finch also discussed the commitments made by the 57 OSCE participating States to document, investigate, and prosecute hate crimes, as well as the tools and best practices available to assist countries in meeting their commitments. ODIHR’s Annual Report on Hate Crime combines official government reports submitted by 33 OSCE participating States with an additional 108 reports from 135 civil society organizations. In 2018, 5,258 hate crime incidents were reported to ODIHR. As Finch described it, this volume of information makes the report “the world’s biggest data set on hate crime.” The full 2018 Hate Incidents data set will be published on November 15, 2019. According to Finch, accurate recording of hate crimes by the police remains a serious issue. “In many countries police do not record hate crimes as a specific category in a systemic way,” she noted. “This means that information is missing, which impedes investigation, prosecution, prevention and policy making.” Other serious obstacles to publishing accurate data exist. For example, estimates indicate that 90 percent of hate crimes are not reported by victims to the police at all. Promoting safe, inclusive, and equitable societies is a priority of the Helsinki Commission for the 116th Congress. Commission efforts on inclusion have included briefings, hearings, legislation, and inter-parliamentary initiatives in the U.S. Congress and Europe.  Additionally, Helsinki Commission Ranking Member Sen. Ben Cardin serves as the OSCE Parliamentary Assembly’s Special Representative on Anti-Semitism, Racism, and Intolerance and has called for increased efforts to address hate crimes in the region.

  • Helsinki Commission Provides Robust, Bipartisan U.S. Representation at Inter-Parliamentary Gathering in Morocco

    Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) led a congressional delegation to Marrakech, Morocco, in early October for the 18th Autumn Meeting of the OSCE Parliamentary Assembly (OSCE PA). The delegation included Helsinki Commission Co-Chairman Sen. Roger Wicker (MS), an OSCE Vice President and head of the U.S. Delegation to OSCE PA in 2019, as well as Ranking House Commissioner Rep. Joe Wilson (SC-02), Commissioner Rep. Emanuel Cleaver (MO-05) and Rep. Andy Harris (MD).  Prior to arriving in Marrakech, the delegation visited Tunisia and Israel for a firsthand examination of what recently has been a dynamic political landscape in each country, with implications for U.S. policy. The Assembly’s ongoing activities provide the United States good opportunities for active engagement of its allies and friends, as well as to advance issues of U.S. concern or interest.  Autumn Meetings were established in 2002 to bridge the gap between the OSCE PA’s annual sessions, usually held in late June or early July and ending with the adoption of a substantive declaration, and winter meetings held in mid-February to engage OSCE officials and institutions. Autumn meetings provide an additional opportunity for dialogue and often include—as was the case in Marrakech—a forum focusing on Mediterranean issues. The program also includes a meeting of the Standing Committee, composed of heads of delegations, which makes many of the executive decisions shaping OSCE PA activity.  For the first time, in 2019 the Autumn Meeting was hosted not by an OSCE participating State, but by a Mediterranean partner country. The 2019 meeting attracted approximately 190 parliamentarians from among the 57 participating States and five Mediterranean partner countries.  The U.S. delegation was the largest ever to an Autumn Meeting, making overall U.S. participation in the OSCE PA in 2019 the highest since the assembly was founded in 1991. Chairman Hastings addressed the Mediterranean forum, reporting on the delegation’s visit to Tunisia and Israel beforehand and emphasizing the need to increase opportunities for youth and to engage civil society. Co-Chairman Wicker also reported on delegation travels in the Standing Committee, concentrating on elections and government formation in Tunisia and Israel, adding that in Israel the threat posed by Iran also was an important topic. He also noted that the U.S. Government shared the concerns of France and Italy, among other countries, regarding Turkish drilling for natural gas in the Mediterranean Sea near Cyprus. The three other sessions of the Autumn Meeting focused on the security, economic/environmental and human dimensions of OSCE work, each with guest speakers from the host country or elsewhere in Africa.  In his capacity as a Vice President of OSCE PA, Sen. Wicker chaired a session on the exchange of best practices between the OSCE and African regional partners, noting that the OSCE’s concept of “comprehensive security” has had successful applications in European dialogue that could also be valuable in the wider Euro-Mediterranean region. Rep. Harris spoke in a session highlighting economic development and environmental migration, addressing issues ranging from human trafficking to energy diversity to water supplies. In a session on combating intolerance and discrimination based on religion or belief, Rep. Cleaver focused on the real dangers of rising intolerance in an ever-smaller world. On the margins of the formal sessions, the U.S. delegation held bilateral meetings with the parliamentary delegations of Ukraine and Morocco, and Chairman Hastings hosted all attending Mediterranean partner country parliamentarians to a session focusing on U.S. policy and interests in North Africa and the Middle East. Chairman Hastings and Co-Chairman Wicker also participated in a working lunch to discuss possible reforms of the OSCE PA to make the Assembly more effective and visible.  Rep. Harris attended an event convened by the OSCE Ad Hoc Committee on Migration, while Rep. Joe Wilson met with the Bulgarian and other delegations to discuss items of common interest.   The U.S. delegation also extensively engaged parliamentarians and diplomats from Albania ahead of that country’s chairmanship of the OSCE in 2020. While the OSCE PA will remain active throughout the remainder of 2019—including observing elections in Belarus and Uzbekistan and attending the December meeting of the OSCE Ministerial Council in Bratislava, Slovakia—the next large gathering of OSCE PA delegates will be in February of 2020, for the Winter Meeting in Vienna.

  • 2019 ECONOMIC AND ENVIRONMENTAL DIMENSION IMPLEMENTATION MEETING

    By Camille Moore, Policy Advisor From October 14 – 15, 2019, approximately 150 senior officials, experts, academics, and non-governmental organization representatives gathered in Vienna, Austria for the 2019 Organization for Security and Cooperation in Europe (OSCE) Economic and Environmental Dimension and Implementation Meeting (EEDIM). Transboundary cooperation over natural resources is key to avoiding future geopolitical challenges; however, a changing global climate presents more existential obstacles. For example, the European Academies’ Science Advisory Council – a body of 27 national science academies from the EU, Norway, and Switzerland – found that the number of costly floods and other hydrological events have quadrupled since 1980 and have doubled since 2004. As the world’s largest regional security organization, the OSCE is uniquely equipped to address transboundary issues related to economics and the environment. For example, across the OSCE region there are over 150 river and lake basins shared by two or more participating States, making joint agreements and cooperation critical to conflict prevention and sustainable development. The 2019 EEDIM focused on the management, legal protection, and cooperation around energy and shared natural resources like water. Environmental crimes, good “green” governance, and the inclusion of women in water management were all highlighted at the meeting. Historically, the EEDIM sets the agenda for the decisions made at the annual December Ministerial Council. While the 2019 discussion was constructive and several noteworthy initiatives were shared, the overall dialogue focused on past accomplishments rather than plans to critically assess the present strength or future of shared cooperation over natural resources. Environmental Crimes Environmental crime is the third most lucrative transnational crime activity today—after narcotic drugs trafficking and counterfeiting—and generates an estimated $281 billion in illicit profits annually. The Group of Friends on the Environment is an informal coalition of participating States seeking to keep transboundary environmental crimes and environmental good governance high on the OSCE agenda. Participants include OSCE participating States Albania, Germany, Austria, Canada, the United States of America, France, Georgia, Italy, Kazakhstan, Latvia, Lithuania, Montenegro, the Czech Republic, the United Kingdom, Slovakia, and Switzerland. Defending the environment is no easy task and dangerous work. One non-governmental organization (NGO) present at the 2019 EEDIM noted the need for dedicated support to combat the perpetrators of environmental harm. Rather than inspiring further discussion about the real dangers faced by environmental defenders, however, the statement was met only with vague comments from a handful of participating States on the importance of funding environmental protection. Good “Green” Governance The Maastricht Strategy (2003) defines good governance as a contribution to prosperity, stability, and security at all levels. Within the environmental dimension, the OSCE promotes commitments to both good governance and environmental sustainability. Most, if not all, participants shared their 2030 plans to “green” their economies, which included measures like limiting industrial risk, aligning national and international economic agreements, and modernizing technological innovation for greater efficiency. Instead of sharing the obstacles they face in reaching the 2030 sustainable development goals or the funding and support they need to realistically meet their needs (for example, the OSCE offers its support of cross-border cooperation in the form of agreements like those between Albania and North Macedonia like the Ohrid Lake Joint Commission which establishes a framework for integrated border management to stabilize relations over Ohrid Lake), most nations focused solely on national policy strategies and improved legislative frameworks. Womenomics and Water Management Women are disproportionately burdened when water resources are mismanaged or scarce. “Women are much more active than men in activities related to water,” says Matluba Rajabalieva, Chairperson of the Garm Development Centre, a Tajikistan-based NGO working to promote women and girls’ empowerment in communities. Womenomics, the idea that women’s economic advancement improves the whole economy, has been well-documented in water management and has fueled several OSCE initiatives. The OSCE and its participating States have developed programming and initiatives that address water diplomacy with women-centric solutions. Through workshops, initiatives, and activities, the OSCE Gender Section and the Office of the Coordinator of OSCE Economic and Environmental Activities (OSCEEA) connects water users and decision makers and ensures gender parity between the two groups. At the EEDIM, the Permanent Delegation of Finland to the OSCE hosted an official side event titled “Water Diplomacy, Proactive Peace Mediation,” which focused on the OSCEEA’s extra-budgetary project, “Women, Water Management and Conflict Prevention.” The project aims to enhance the participation of women in conflict resolution and water management at all levels in Central Asia and Afghanistan. The Kazakh-German University also recently launched a water resource management program which focuses on women participation.

  • Remembering Rep. Elijah E. Cummings and His Global Legacy in the Security Sector

    By Nida Ansari, Policy Advisor and State Department Detailee and Dr. Mischa Thompson, Director of Global Partnerships, Policy, and Innovation “These measures are critical in enhancing the efficiency and effectiveness of the U.S. armed forces by addressing the under-representation of women and ethnic minorities and creating a diverse military that fully represents our nation’s citizens […] for the sake of our country, we can and must do better.”  – Congressman Elijah E. Cummings Rep. Elijah E. Cummings, a stalwart voice in the U.S. Congress, passed away on October 17, 2019. Representing Baltimore, Maryland, his many legislative initiatives included groundbreaking work to advance diversity and inclusion in the security sector alongside Helsinki Commissioners and other global changemakers. In 2008, Rep. Cummings and other Members of Congress joined forces with then-Helsinki Commission Co-Chairman Sen. Ben Cardin to establish the Military Leadership Diversity Commission (MLDC). Rep. Cummings’ goal was to increase the number of people of color and women in flag officer rank by focusing on military recruitment, retention, and promotion.  The 2011 MLDC final report, “From Representation to Inclusion: Diversity Leadership for the 21st-Century Military,” proposed 20 recommendations to develop policy goals and metrics to manage and sustain diversity at the U.S. Department of Defense.  Following the release of the report, Rep. Cummings, Sen. Cardin, and other Members of Congress held a 2012 Congressional Military Diversity Forum with MLDC Chairman General Lester Lyles, where the general raised the urgency of implementing the report’s recommendations to maintain force levels in concert with increasing diversity in the United States. Helsinki Commission efforts—including legislation by Helsinki Commission Chairman Rep. Alcee Hastings and Sen. Cardin on the incorporation of women in combat divisions and on increasing diversity in the intelligence and national security workforces—have complemented and built upon Rep. Cummings’ work. Rep. Cumming’s efforts also were integral to the 2013 launch of the Mission Critical: Inclusive Leadership for the Security Sector program, led by the German Marshall Fund and supported by Helsinki Commission leadership.  Findings from the MLDC underpin the initiative, which brought together militaries, Members of Congress, staff of the Department of Defense, other government officials and experts from Europe and the United States to review and take stock of diversity and inclusion best practices in the security sector. “There must be an assigned and qualified individual on the command level to oversee military issues including discrimination, racial profiling, and hazing. In particular, the military needs to have a more effective response against hazing cases to better identify and respond to dangerous situations.  Women, minorities, and every single soldier should be able to achieve their goals when joining the military.”  – Congressman Elijah Cummings, Mission Critical 2013 As part of the inaugural Mission Critical event in 2013, Congressman Cummings highlighted lessons learned from the MLDC and the need to address discrimination and other problems, including hazing, in militaries to increase diversity and ensure the success of missions critical to national security.  Efforts to address these and other issues have continued at subsequent Mission Critical events, most recently in June 2019. Continuing to build upon the MLDC foundation, the event focused on diversity and inclusion issues related to personnel, the future of security, and technology in the security sector.  Speakers echoed the sentiments of Rep. Cummings years before. Then-German Federal Minister of Defense Ursula von der Leyen stressed the value of religious diversity in the armed forces, sharing how she was working to get the Bundeswehr’s military chaplaincy to include Jewish rabbis and Muslim imams instead of only the traditional Protestant and Roman Catholic chaplains.  Tjorven Bellmann of the German Federal Ministry of Foreign Affairs raised the importance of recruitment methods that appeal to young people from diverse backgrounds. He also noted that discrimination in the military remains a barrier for racial minorities, women, LGBT+, and other groups.  Nida Ansari, a State Department detailee to the Helsinki Commission, discussed U.S. Government inclusion efforts around faith communities. Ursula von der Leyen’s elevation to the Presidency of the European Commission offers hope for highly-placed advocacy of inclusive policies and concrete strategies beyond the security sector and broader dissemination of practices shared during Mission Critical. Congressman Cummings’ vision of a more inclusive security sector, and more inclusive societies generally, at home and abroad will not soon be forgotten.  Signs of progress include examples like General Lori Robinson, whose distinguished career included serving as the first woman to command a major Unified Combatant Command when she led United States Northern Command (USNORTHCOM) and the North American Aerospace Defense Command (NORAD) from May 2016 to May 2018.  The rarity of her example, however, only underlines the work that Mr. Cummings well knew was still required. With special thanks to Leah Perry, former Professional Staff Member, House Oversight Committee, for her assistance in providing background information for this article. 

  • Inclusive Leadership Summit

    “The real political division lies between people who believe we should be more inward looking versus those who want a more globalized world.  If we don’t include citizens, then we diminish our values. Inclusivity is not a constraint, but a true opportunity we need to seize and build on.” - Drancy Mayor Aude Lavail-Lagarde, France By Nida Ansari and Dr. Mischa Thompson From September 18 to September 20, 2019, more than forty European and U.S. leaders representing 12 countries across Europe and the United States participated in the second annual Inclusive Leadership Summit held in Paris, France. Focused on Achieving Political Inclusion, the summit featured findings from a recent report and knowledge-sharing among participants on advancing the practice of inclusive leadership through four essential areas: inclusive representation in legislatures; inclusive policymaking; civic participation; and election systems. Hosted by the German Marshall Fund of the United States (GMF), the Summit included alumni of the GMF, U.S. Helsinki Commission, and State Department-supported Transatlantic Inclusion Leaders Network.   As leaders incorporating inclusive practices into their organizations, participants emphasized the importance of the widening circle of representation in political discourse and establishing leadership networks to specific strategies and techniques to strengthen political inclusion. They also stressed the need for increased engagement with marginalized communities to ensure the development of policies that are inclusive of all members of society. Participants also discussed strategies for engaging political parties, navigating difficult political environments, and effectively promoting diversity across sectors to advance political inclusion. Participants also explored opportunities and pitfalls of political engagement through technology and the role of the private sector in advancing inclusivity. Dr. Mischa Thompson of the Helsinki Commission, facilitated a panel on how diverse government leaders have successfully envisioned and met inclusivity goals. Promoting safe, inclusive, and equitable societies is a priority of the Helsinki Commission for the 116th Congress. Commission efforts on inclusion have included briefings, hearings, legislation, and inter-parliamentary initiatives in the U.S. Congress and Europe. In addition, the Helsinki Commission frequently partners with the U.S. State Department and other stakeholders in the United States and Europe to empower diverse voices at the decision-making table to be able to effectively devise public policies that meet the needs of all members of society, rather than just a few.

  • The Lund Recommendations: 20 years later

    By Annie Lentz Max Kampelman Fellow During the summer of 1992, the Conference on Security and Cooperation in Europe—the precursor to today’s Organization for Security and Cooperation in Europe (OSCE)—was confronting a harsh reality of the post-Cold War era: the rise of extreme nationalism and, with it, ethnic tensions affecting minority populations. Caught off guard by the explosion of conflict in a disintegrating Yugoslavia and fearful of similar experiences elsewhere, the participating States of today’s OSCE met in Helsinki and established a new institution, the High Commissioner on National Minorities (HCNM), as “an instrument of conflict prevention at the earliest possible stage.” The first High Commissioner on National Minorities was Max van der Stoel, a Dutch statesman who served in the Dutch and European parliaments as well as a Minister of Foreign Affairs. He began his duties as high Commissioner in 1993, concentrating on persons belonging to national/ethnic groups with the majority in one State but minority in another and defining his role in international disputes as one of “an independent, impartial and cooperative actor.” Over his six years as High Commissioner, Van der Stoel noted several recurring themes throughout the OSCE region, including “minority education and use of minority languages, in particular as matters of great importance for the maintenance and development of the identity of persons belonging to national minorities.” He also observed a lack of effective participation of national minorities in state governance. In October 1998, Van der Stoel and the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) convened a conference in Switzerland that included not only the OSCE participating States but also pertinent international organizations. The event, titled “Governance and Participation: Integrating Diversity,” focused on the meaningful and effective integration of national minorities into states. Following the conference, Van der Stoel organized a meeting of internationally recognized and independent experts—including Vernon Bogdanor, Professor of Politics and Government and CUF University Lecturer at Brasenose College, Oxford University, and Ms. Sally Holt, who, at the time, was Legal Officer at the Office of the OSCE High Commissioner on National Minorities—to “elaborate recommendations and outline alternatives, in line with the relevant international standards.” The result was the 1999 Lund Recommendations on the Effective Participation of National Minorities in Public Life, named after the Swedish city where the experts completed the document. The Lund Recommendations outlined specific goals, like The Hague and Oslo Recommendations before them, “to encourage and facilitate the adoption by States of specific measures to alleviate tensions related to national minorities and thus to serve the ultimate conflict prevention goal of the HCNM;” and “clarify in relatively straight-forward language and build upon the content of minority rights and other standards generally applicable in the situations in which the HCNM is involved.” The Lund Recommendations, which were adopted on November 9, 1999, served as the basis for future progress regarding the rights of persons belonging to national minorities. While the Lund Recommendations have not necessarily been the direct catalyst for national minority progress since, subsequent actions reflect the same international desire to guide tense situations which could erupt into violence toward a stabilizing and peaceful resolution. And doing so in a way which respects the rights of persons belonging to national minorities and their collective aspirations are satisfactorily reflected in the organization and operation of the state. For example, the 2001 Ohrid Agreement ended the ethnic conflict in North Macedonia by giving the substantial Albanian minority in that country specific privileges, including a defined role in government. This agreement built off the established approach of the Lund Recommendations to extend the rights of national minorities. OSCE Thematic Recommendations and Guidelines  Regarding National Minorities   The thematic Recommendations and Guidelines address recurrent issues that the successive OSCE High Commissioners for National Minorities have faced in their work. Intended for policymakers and government representatives, they offer guidance on developing policies that may help ease inter-ethnic tensions. The Hague Recommendations Regarding the Education Rights of National Minorities (1996) The Oslo Recommendations regarding the Linguistic Rights of National Minorities (1998) The Lund Recommendations on the Effective Participation of National Minorities in Public Life (1999) Guidelines on the Use of Minority Languages in the Broadcast Media (2003) Recommendations on Policing in Multi-Ethnic Societies (2006) The Bolzano/Bozen Recommendations on National Minorities in Inter-State Relations (2008) The Ljubljana Guidelines on Integration of Diverse Societies (2012) The Graz Recommendations on Access to Justice and National Minorities (2017) The Tallinn Guidelines on National Minorities and the Media in the Digital Age (2019) As the Lund Recommendations complete their second decade in existence, they remain a mainstay of efforts to accommodate national minorities in the still cold reality of geopolitics and ethnic nationalism, though much remains to be accomplished. The greatest challenge is to take guidelines of reason and respect developed by international officials and legal scholars and to implement them in real situations where passions run high, hate may be a tool of political power, and violence looms on the horizon.

  • Safe and Dignified Return

    In July, nearly 300 parliamentarians from the 57 OSCE participating States met for the OSCE Parliamentary Assembly (PA) 2019 annual session in Luxembourg, where they addressed in a final declaration the wide range of issues of current concern to the organization. Of these issues, none received more attention than those relating to human rights and humanitarian questions; the relevant section of the declaration contained more than 180 paragraphs. Leading subjects of concern included the treatment of investigative journalists, manifestations of discrimination and intolerance in society, gender inequality, and efforts to stifle dissent. The text also focused heavily on migration, including the rights of refugees. During the consideration of a final text for adoption, Rep. Sheila Jackson Lee (TX-18), who has been active in representing the United States at OSCE PA meetings in recent years and serves on the OSCE PA’s Ad Hoc Committee on Migration, proposed an amendment underlining the importance of the right of safe return of refugees. Her amendment, co-sponsored by other members of Congress and by parliamentarians from Cyprus, Georgia, Ireland, Italy, and North Macedonia, made clear that returns should not only be safe, but also voluntary and dignified. The adopted text, included in the Luxembourg Declaration, reads as follows: “The OSCE Parliamentary Assembly underlines that the right of voluntary, safe and dignified return for refugees and internally displaced persons to their homes and properties must be guaranteed;” The concept of voluntary return is at the heart of binding international law on refugees. The 1951 Convention Relating to the Status of Refugees states, “No Contracting State shall expel or return (‘refouler’) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.” The convention originally was restricted to people who became refugees because of “events occurring in Europe before 1 January 1951.” The 1967 Protocol Relating to the Status of Refugees, which removed the convention’s time and geographic restrictions, maintains the binding “non-refoulement” obligation. There are only a few exceptions on “grounds of national security or public order” and only after “due process of law.” According to the Guiding Principles on Internal Displacement, presented in 1998 by the United Nations Secretary General’s Representative on Internally Displaced Persons, “Competent authorities have the primary duty and responsibility to establish conditions, as well as provide the means, which allow internally displaced persons to return voluntarily, in safety and with dignity, to their homes or places of habitual residence, or to resettle voluntarily in another part of the country.” The principles are not legally binding on governments, but they are the point of reference for how a government should respond to internally displaced persons.

  • A Global Pandemic: Disinformation

    By Annie Lentz,  Max Kampelman Fellow Popularly and ambiguously dubbed “fake news,” malign efforts to spread false facts often are wrongly lumped together with politicians’ diatribes against negative media coverage. Well-orchestrated disinformation campaigns do exist around the world, using algorithms, social platforms, and advertisements as a means of deceiving the public and undermining democracy. Due to its proliferation and widespread attention, the definition of so called “fake news” has been lost. Even the meaning of the terms it is defined by are ambiguous. In fact, misinformation and disinformation are not synonymous. Misinformation refers the inadvertent spread of false information, while disinformation refers to the purposeful circulation of deceptive news stories by both state and nonstate actors. Disinformation plagues the modern world in increasingly sophisticated and pervasive ways largely due to widespread use of social media. Whether it’s shared through Twitter, Facebook, Instagram, or WhatsApp, fake news is easy to share, difficult to identify, and almost impossible to stop. Easy to Share The trickle-down effect of counterfeit news campaigns is massive. A single fake story has the potential to reach millions, propagated by bots and trolls and manipulation of social media content algorithms. For example, a heavily edited interview from conservative CRTV portrayed a fictional conversation between one of their hosts and Rep. Alexandria Ocasio-Cortez where the Congresswoman admitted to know nothing of the legislative process. Although CRTV eventually said it was satire, the video was viewed almost 1 million times within 24 hours prior to CRTV’s clarification. This was not an isolated incident. Thanks to the universality of social media, with Facebook and Twitter having a global presence economically and socially, cultures around the world are all susceptible to manipulation through such platforms. Following the 2019 European Union elections—second only to India as the largest democratic elections in the world—the European Commission documented “ongoing disinformation campaigns” by Russian sources. Officials went on to demand Facebook, Google, and Twitter “step up their efforts” in combatting fake news; they classified the fight as enduring, saying, “Malign actors constantly change their strategies. We must strive to be ahead of them.” The influence and impact of Russian disinformation efforts remains unknown and therefore future elections in both the EU and elsewhere remain at risk. Difficult to Identify Several aspects of the communication space make disinformation hard to identify. When reading content from a seemingly trustworthy source, even if there is no evidence of professionalism, most naturally consider the information to be trustworthy. However, that is not always the case and those creating and spreading propaganda are well-versed in mimicking reputable sources in structure and design. Moreover, the more specific the topic and narrow the scope, the easier it is for disinformation to spread as consumers lack the background and context to identify red flags, which are becoming ever harder to detect. According to Politifact, earlier this year a Facebook post about Senate Majority Leader Mitch McConnell, claiming he was trying to take away health care from millions of Americans, went viral. This claim was a mischaracterization of his stance on federal funding for health care and falsified his personal history with the program. Regardless, the false narrative spread to thousands of people who lacked the in-depth background knowledge to recognize the inaccuracy. Disinformation is not limited to false news stories or phony websites; it also extends to doctored photos and videos, like the CRTV interview previously mentioned. The Washington Post’s guide to fact-checking video makes the point, “Seeing isn’t believing.” Even high-profile politicians can be fooled by such disinformation. One doctored video appearing to show Nancy Pelosi drunk that was retweeted by President Trump, who shared the false narrative with more than 62.8 million followers. Even content originating from seemingly trustworthy sources can be deceptive. For example, pro-Brexit campaigns from the UK Independence Party (UKIP) during the EU referendum vote in 2016 told a false story through misleading photos (actually from the border of Slovenia) of thousands of immigrants pouring into the UK. Though the poster and campaign were widely condemned, it is impossible to measure the number of voters that may have been influenced. However, the very existence of such misleading material threatened the democratic integrity of the referendum. The Russia Problem While there are many guilty parties—like those who spread doctored stories and videos leading up to India’s elections in April and May of 2019 and incited hatred between Buddhists and Muslims in Sri Lanka and Malaysia on Facebook—the biggest culprit behind the growth of widespread disinformation is the Russian Government. The Kremlin has used sophisticated disinformation campaigns to justify its actions in Crimea and eastern Ukraine, interfere in the 2019 European Union elections, and attempt to influence the 2016 U.S. presidential elections. However, Kremlin interference isn’t isolated to politics. RT America, cited as a principle meddler in the 2016 presidential elections, aired a campaign of stories about health risks associated with 5G signals, none of which were supported by scientific facts. Such efforts from “the Kremlin’s principal international propaganda outlet” match what experts cite as the Kremlin’s ultimate goal: to amplify voices of dissent, sow public discord, and exacerbate social divides. Impossible to Stop … or Not? There is no global police force to defend against disinformation. There are platform-specific efforts, such as Facebook’s regulations for political advertising; grassroots efforts, like Factitious, an online game designed to teach students to identify fake news stories; and coalitions like the one formed by Facebook, Google and Twitter after the March 15 massacre in Christchurch, New Zealand, when the tech giants signed an agreement with world leaders to fight hate speech online. However, with the amount of disinformation growing every day and no unified or cohesive approach from both the public and private sector to aggressively and actively combat online propaganda, these efforts are akin to putting a Band-Aid on a broken leg. Any attempts to regulate disinformation are constrained by the right to free speech. If the response is too broad–whether from a corporation like Facebook or a government entity–it quickly challenges the fundamental freedoms afforded to citizens. On the one hand, stopping false facts from spreading and inundating social media benefits democracy and freedom the world round. On the other hand, the people’s right to free speech must be respected. Any meaningful efforts to battle disinformation must carefully balance the protection of the community against the protection of the individual. In addition, those with the best ability to fight against disinformation—private companies like Facebook and Twitter—have no true legal obligation to do so and may have alternative interests in terms of profit. Until Congress shined a light on this problem, there were no serious efforts on the part of social media platforms to fight against foreign influence. As social platforms and their users maintain the right to freedom of expression, the ability of Congress to require them to undertake any specific efforts is lacking. However, that hasn’t stopped them from trying. There are other solutions. One is promoting better media literacy among citizens, so they can more easily identify false or misleading information. Another is “sourcing” news stories, so readers know the true origin of a story—a story about a local issue in Kansas may in fact emanate from Russia, for example. The content would still be available, but readers would have a better awareness of potential manipulation by outside actors. To combat the ripple effect of disinformation, media self-regulation to verify sources and stories before publishing them is another effective tool. The most important and most effective way to confront disinformation is by understanding it. Through events like the 2017 Helsinki Commission hearing on Russian Disinformation, and OSCE Representative on Freedom of the Media Harlem Désir’s efforts to lead the OSCE in combatting disinformation, additional progress can be made. Disinformation is a disease to which no one is immune; the longer the virus goes untreated, the worse it becomes.

  • 2019 Human Dimension Implementation Meeting

    From September 16 to September 27, OSCE participating States will meet in Warsaw, Poland, for the 2019 Human Dimension Implementation Meeting (HDIM), organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR).  As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress. During the 2019 meeting, three specifically selected topics will each be the focus of a full-day discussion: “safety of journalists,” “hate crimes,” and “Roma and Sinti.” These special topics are chosen to highlight key areas for improvement in the OSCE region and promote discussion of pressing issues. Human Dimension Implementation Meeting 2019 Since the HDIM was established in 1998, the OSCE participating States have a standing agreement to hold an annual two-week meeting to review the participating States’ compliance with the human dimension commitments they have previously adopted by consensus. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as refugee migration and human trafficking), and concerns relating to tolerance and nondiscrimination (such as countering anti-Semitism and racism). Each year, the HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma and Sinti. Unique about the HDIM is the inclusion and strong participation of non-governmental organizations. The United States has been a stout advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE structures allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. Members of the U.S. delegation to the 2019 HDIM include: Ambassador James S. Gilmore, U.S. Permanent Representative to the OSCE and Head of Delegation Christopher Robinson, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs Roger D. Carstens, Deputy Assistant Secretary, Bureau of Democracy, Human Rights, and Labor Elan S. Carr, Special Envoy to Monitor and Combat Anti-Semitism Alex T. Johnson, Chief of Staff, U.S. Helsinki Commission

  • Simulating a Baltic Security Crisis

    By Brittany Amador, Intern On August 29, 2019, U.S. Helsinki Commission personnel, joined by Congressional staff from several relevant offices, participated in a simulated security crisis in the Baltic region centered on the U.S. and NATO response to a hypothetical act of Russian aggression. The event followed the Helsinki Commission’s historic field hearing on Baltic Sea regional security, where members of Congress convened senior Allied and partner leaders from Poland, Lithuania, Estonia, Sweden, and Finland, as well as the United States European Command (EUCOM) and the U.S. Mission to NATO, to better understand current and evolving security threats in the region.  Participants in the simulation. Ambassador (ret.) John Heffern, a former Acting Assistant Secretary of State for Europe and Eurasian Affairs and Deputy Chief of Mission to the U.S. Mission to NATO, led the simulation. Ambassador Heffern, who currently serves as a Distinguished Fellow of Diplomacy and Entrepreneurship at Georgetown University, was assisted in the facilitation of the game by Andrew Carroll, an officer with the United States Air Force who recently completed his Max Kampelman Policy Fellowship at the Helsinki Commission. 2d Lt Andrew Carroll describing the parameters of the simulation. During the three-hour event, attendees played the roles of various regional actors, and debated possible actions in response to realistic scenario inputs. Participants were provided immediate feedback on their strategic decisions, knowing in real time the impact of their simulated actions. The scenario underlined the challenges and opportunities inherent in any response to a security crisis in the Baltic Sea region. Ambassador (ret.) John Heffern explaining tactical movements.

  • First Person: The Role of the Peace Corps in Promoting Democracy

    By Gabriel Cortez, Charles B. Rangel Fellow & Returned Peace Corps Volunteer, Ukraine 2016-2019 Getting a high five has never felt as satisfying as it did in rural Ukraine. Even after three years serving as a Peace Corps Volunteer I cannot help but smile every time I remember one of my students extending their hand out for a “dye pyat.” I grew up in a large Mexican-American family in small-town California. Removed from the centers of international politics, the only diplomacy I knew was my brothers and sisters deciding who could use the family TV and when. Even as a kid I knew I wanted to be a part of something greater, to explore not only the United States but the other countries around the world, the ones they talked about in the news. The Peace Corps gave me and thousands of others that opportunity. For 58 years, the Peace Corps has sent Americans young and old to live and work in communities worldwide. Over 235,000 volunteers have served in 141 countries, ranging from Mongolia and Albania to Morocco and China. Volunteers commit to 27 months of service in the country they serve, working in several sectors including education, health, agriculture, community development, and youth development. As of July 2019, there are around 7,000 Peace Corps volunteers serving in 62 countries. Montenegro, an OSCE participating State, is the newest addition to the Peace Corps family, with volunteers slated to launch the program in 2020. The promotion of democracy is one of the central tenets of the Organization on Security and Cooperation in Europe (OSCE) and the Helsinki Final Accords. To that end, the Helsinki Commission has monitored aspects of the transition to democracy throughout Europe, including challenges to the rule of law, free and fair elections, and the impact of corruption. Peace Corps volunteers work concurrently in this field to demonstrate the strength democracy brings and help promote civic engagement in their sites. Schoolchildren from my site participating in an English Language Summer Camp in Krasyliv, Ukraine. When President John F. Kennedy created the Peace Corps in 1961, the program was designed for large groups of Americans to live abroad and promote the American way of life, including the best aspects of democracy. That mission continues today in the OSCE region, with volunteers serving in Ukraine and eight other OSCE countries, including Armenia, Georgia, Kyrgyzstan, and Mongolia. My Peace Corps service began in September 2016 but was inspired years prior. In 2014, when the Maidan Revolution occurred, I watched it on TV with amazement, drawn by the images of Ukrainians from all walks of life marching on their capital to advocate for a better future. Already eager to work with the Peace Corps, I knew from that moment that Ukraine was the country I wanted to serve in as a volunteer. Peace Corps Ukraine, which began in 1992, is the largest Peace Corps program operating anywhere in the world. Nearly 300 volunteers have served in the education, youth development, and community development sectors, as well as the President’s Emergency Plan for Emergency AIDS Relief (PEPFAR) programs. When volunteers arrive, they dedicate the first three months to training, learning the Ukrainian and/or Russian languages, discovering local culture, and exploring Ukraine’s history. After training, volunteers move to their permanent sites where they live and work for two years, tasked with the three goals of the Peace Corps. The first goal of Peace Corps is “to help the people of interested countries in meeting their need for trained men and women.” For Ukraine, this translates to projects focusing on English education, combatting corruption, and working with youth to develop healthy lifestyles. Since gaining independence in 1991, Ukraine has made progress in reorienting itself to the West; a strong partnership with the U.S. has been crucial in this journey. Peace Corps volunteers contribute to this mission every day. Whether it is through teaching English at schools, organizing a summer camp on gender rights, or helping a local NGO secure a grant to fund health projects, Peace Corps volunteers have a tremendous impact on the communities they live in. Volunteers ultimately help promote entrepreneurship and civic engagement, critical facets of the Helsinki Accords. The second goal, and perhaps the most important in Peace Corps Ukraine, is “to help promote a better understanding of Americans on the part of the peoples served.” As a former Soviet country, Ukrainians were disconnected from the world for over 70 years, learning about the United States through the limited movies, newspapers, and clothes smuggled past the Iron Curtain. Today, Peace Corps volunteers act as a bridge between both countries, promoting a positive image of the U.S. and bringing back a better understanding of Ukrainian culture. In communities like the one I served in, a small town with no other Americans, a volunteer’s presence is truly felt. I led discussions on race and gender, hosted events highlighting different American groups, introduced my students to American holidays, and much more. Acting as a cultural ambassador is an honor for any Peace Corps volunteer, and a role the program is founded upon. The third and final goal of the Peace Corps is “to help promote a better understanding of other peoples on the part of Americans.” Volunteers return from service eager to share their experiences with their friends and families. This may include organizing a speech at a local school, attending a Ukrainian-American event, or even joining an organization that focuses on Ukrainian issues. This allows returned Peace Corps volunteers the chance to talk to Americans about their experience in the country: their successes, challenges, memories, and more. In turn, Americans learn about Ukraine and other countries they have never had experience with or knowledge of. Teacher training at the Window on America in Kharkiv, Ukraine The Peace Corps is a unique agency that continues to change lives all over the world and receive bipartisan support in Congress. On the 49th anniversary of the Peace Corps, Co-Chairman of the Helsinki Commission Senator Roger Wicker (MS) noted, “The Peace Corps invests time and talent in other countries, but it pays dividends back here in the United States as well.” Helsinki Commissioner Ranking Member Sen. Ben Cardin (MD) reaffirmed his support of the Peace Corps on its 55th anniversary, stating, “Peace Corps volunteers represent the best qualities of American foreign policy. They come from all walks of life and from across the country [and] are saving lives. I could not be more proud of these Americans.” The introduction of the bipartisan H.R.3456 - Peace Corps Reauthorization Act of 2019 demonstrates Congress’ commitment to the Peace Corps. Helsinki Commissioners Rep. Steve Cohen (TN-09), Sheila Jackson Lee (TX-18), and Gwen Moore (WI-4) are co-sponsors of the bill, which would increase support for current and returned Peace Corps volunteers. Peace Corps volunteers work every day to develop the foundational tenets outlined by the Helsinki Accords. From promoting tolerance and non-discrimination, to developing education programs, to confronting corruption, Peace Corps volunteers exhibit the strength of the partnerships between OSCE participating States and work to improve the lives of others. True progress is rooted in the sustainable and long-term projects of Peace Corps volunteers and their communities. In Ukraine, I saw firsthand the impact the Peace Corps can have in developing communities: a summer leadership camp for middle school students, a newly built community center with music and dance classes in a small village, and an accounting transparency workshop that reduced corruption in several city management offices. Substantive changes are happening every day in villages, towns, and cities across the country and throughout Peace Corps-partnered OSCE countries. Peace Corps volunteers exemplify the foundations of the Helsinki Accords, promote democracy abroad, and help bolster OSCE participating States and other nations like Ukraine build a bright, hopeful, and prosperous future, one high-five at a time.

  • FIRST PERSON: UKRAINIAN PARLIAMENTARY ELECTIONS

    By Alex Tiersky, Senior Policy Advisor, Global Security and Political-Military Affairs   “Why aren’t you doing your job?!” An unexpectedly tense early morning on July 21, 2019—Election Day in Ukraine: the polling station was more than 30 minutes late in opening. The shouted reprimand came from a voter, an older man who was one of several Kyiv residents who had been present and seeking to vote at this school in the center of the Ukrainian capital since well before 8:00 a.m., when the polls for the national parliamentary elections were supposed to open. His indignation was directed at the beleaguered leadership of the local polling station, who struggled to organize their work and follow the extensive procedures required to meet Ukrainian law and international best practices. *** As an official election observer representing the OSCE Parliamentary Assembly, I was at the polling station to observe the extent to which those best practices were followed. With my capable interpreter Natalya beside me, and in partnership with my experienced observation team partner Latvian MP Aleksandrs Kiršteins, I had arrived days earlier on the invitation of the Ukrainian government for a series of preparatory briefings. On Election Day, we would follow a prescribed plan of observation as part of a larger team of more than 800 international observers spread across Ukraine (with the exception of illegally occupied Crimea, and the Donbas region under the occupation of Russian-controlled forces, where holding a free and fair election would be impossible). *** The disorganized polling station was the first stop of the day for our team. While this was my first time serving as an election observer, I didn’t need the extensive and detailed procedural checklist and questionnaire provided by the OSCE to know that something was seriously amiss. My Latvian colleague confirmed, based on his extensive observation experience, that the situation was extremely unusual. The key problem seemed to be that the leadership of the team responsible for proper running of the polling station (the chair and the secretary, among others), recently had been replaced and the newcomers had little experience with their assigned duties. It was clear that they had done precious little preparation to be able to effectively direct the work of their team on Election Day. We had been warned during the extensive pre-election briefings provided by the OSCE that many local election officials across Ukraine had been replaced. The experts were concerned that this loss of institutional memory had the potential to hamper the operations of local electoral bodies—a warning that, in our case, proved prescient. At 8:45 a.m., a full 45 minutes after its scheduled opening time and to the relief of several increasingly agitated voters and local observers, the polling station finally began to process votes. Judging that tensions at the school building had de-escalated and the situation had achieved some normalcy, we dutifully finalized our observation—promptly reporting our findings to the OSCE election experts compiling statistics from other teams deployed across the country—and moved on to observe voting procedures at several other polling stations. Before leaving, given the challenges at the polling station, we resolved to return in the evening to observe closing procedures and the counting of the vote. *** We spent much of the rest of the day visiting several polling stations in the west of Kyiv. Contrary to our first observation, all the other polling stations we visited were extremely well-organized, with experienced and well-functioning teams of officials ensuring an orderly and transparent voting process. The civic pride demonstrated by the election officials and voters in properly exercising their democratic choice was evident in each location we visited. We witnessed voters of all ages casting their ballots in serene conditions, which we learned from other observation teams was largely the norm across Ukraine that day. *** As the afternoon turned to evening, it was time to return to our initial polling station to assess closing procedures and the start of the counting of ballots. With the station closing as planned at 8 p.m. on the dot, we were quietly hopeful that the morning’s problems had been resolved. Our optimism quickly proved misguided. The election officials were even more poorly directed by their leadership than they had been in the early hours of the day. After two hours of inconclusive progress toward beginning a count of actual ballots, the procedures ground to a halt in a cloud of remonstrations among several hard-working poll workers and local observers on one hand, and the polling station’s leadership on the other. In what I understood to be an extremely unusual development, the majority of the poll workers essentially sidelined their grievously underperforming leadership on the spot in order to better organize themselves. At this point, we needed to return to our home base to report on our observation, leaving behind several other international and local observers to witness what surely would be a long and challenging night of tabulation of ballots. *** As we returned to the hotel, I reflected on the day’s remarkable events. It struck me how counterintuitive some might find it that we had been allowed to witness the poor performance by the leadership of this particular polling station. After all, who wants to air their dirty laundry in front of international observers taking careful note of every discrepancy? It was then, for the first time, that I truly understood the key purpose of our election observation mission. OSCE participating States like Ukraine make the choice to invite international observation missions to their elections precisely because only in providing full transparency can a fair judgment on the electoral process be made. In other words, our observation and reporting of the procedural imperfections we witnessed only underlined the relatively excellent performance witnessed by observation teams in the vast majority of other polling stations across Ukraine. Only through the full transparency provided by impartial external observers using a standardized methodology can the people of Ukraine be sure that their electoral process, to the maximum extent possible, allows for the full and fair expression of their democratic choice. I feel honored to have been able to play even a very small part in this extremely consequential democratic process, and to help an OSCE participating State hold itself accountable to its commitment to the rule of law. I am already looking forward to the next opportunity to serve as an election observer.

  • INVASION AND REVISION

    By Annie Lentz, Max Kampelman Fellow The Soviet-Afghan War, which lasted for more than nine years, began with the December 1979 invasion following a Soviet-orchestrated coup and the subsequent appointment of Soviet loyalist Babrak Karmal as president of a communist Afghan government. The coup was a direct violation of international law and global norms as Afghanistan was—and remains—a sovereign and independent nation. In June 1981, two Mujahideen insurgent coalitions—one moderate, one fundamentalist—formed to combat Soviet influence over the Democratic Republic of Afghanistan. These new groups contributed to an increase in organized, effective guerilla attacks against Soviet forces, leading to the eventual Soviet withdrawal from the country following their failure to quell the Mujahideen insurgency.  Four years earlier, the Soviet Union signed a collection of international agreements—including the Helsinki Final Act—committing to respect the rights of sovereign nations. By signing the Helsinki Final Act, the Soviet Union and 34 other countries pledged to refrain from exercising the threat or use of force, to observe the rights of peoples to self-determination, and to accept international principles of conduct, all commitments that the Soviet Union violated by invading Afghanistan. On July 22, 1981, during the early stages of the Soviet-Afghan war and shortly after the mobilization of the new Mujahideen coalitions, the U.S. Helsinki Commission held a hearing, “Soviet Violation of Helsinki Final Act: Invasion of Afghanistan,” to examine how the Soviet invasion of Afghanistan was not only a violation of international law but also of the terms of the Helsinki Final Act. Then-Chairman Rep. Dante Fascell chaired the hearing, saying, “The Soviet invasion has clearly undermined the spirit and intentions of the principles embodied in the Final Act. Most importantly the invasion of this formerly independent state has severely damaged the international climate and has done great harm to East-West relations.” Rep. Don Bonker, then-Chairman of the House Subcommittee on Human Rights and International Organizations, noted, “There is hardly a single international agreement, treaty, rule of law, custom or civilized behavior that the Soviets have not violated during their bloody occupation and suppression of the Afghan population.” He went on to urge the Reagan administration to use U.S. allies to convince the Soviets that an independent Afghanistan was in the best interest of all parties. Prior to the Helsinki Commission hearing, the international community’s response to the Soviet Union had been growing more severe. On top of escalating sanctions and embargoes which exasperated tensions from the Cold War, in 1980, the U.S. led a boycott of the Summer Olympics hosted in Moscow. In 1984, the Soviet Union did the same to the Summer Olympics in Los Angeles. The retaliatory actions continued through the end of the war, deepening the strain between the U.S. and the Soviet Union. Despite the signing of the Geneva Accords (1988), an international agreement aimed to resolve the situation in Afghanistan, the Mujahideen refused to accept the terms and continued fighting until Soviet forces (or the Soviet military) withdrew in 1989. The conflict resulted in upwards of two million civilian casualties and forced 5.5 million Afghans to flee as refugees. The failure of Soviet forces to win the war or quell the Mujahideen insurgency is thought to have contributed to the collapse of the Soviet Union. The failure to win the Cold War proxy battle having an extensive impact on Soviet politics and the perceived legitimacy of the Soviet government. The Soviet-Afghan War left the Afghan government in ruins. It would take years for significant progress to be made, and even then, the deteriorated state of the government and the economy left the country susceptible to extremist groups. In 1999 the United Nations Security Council adopted Resolution 1267 to combat terrorist entities in the country, including the Taliban, which can trace its origins to the aftermath of the Soviet-Afghan War. Unfortunately, the UN’s efforts proved insufficient, allowing for the rise of Al-Qaeda and other extremist groups. For the past few decades, the Helsinki Commission has worked closely to promote human rights and security in Afghanistan, holding hearings to support the country’s progress and recovery. The Commission has also worked to ensure the U.S. upholds its own international commitments. The Russian Government remembers the conflict differently. The Kremlin is using the 30th anniversary of Soviet troop withdraw for political gains, passing legislation this year to subsequently justify the conflict. Such legislation continues Vladimir Putin’s trend of historical revisionism and deepens the divide between the Kremlin’s political narrative and history.

  • HELSINKI COMMISSIONERS VISIT HUNGARY

    Pictured: Mate Szabo, Hungarian Civil Liberties Union (left) meets with Representative Tom Cole (right). From July 1 to July 3, three members of the U.S. Helsinki Commission visited Hungary as part of a bipartisan delegation led by House Majority Leader Steny H. Hoyer. The delegation included Senator Benjamin L. Cardin, Ranking Senate Commissioner and OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism and Intolerance, as well as Commissioners Steve Cohen and Gwen Moore. It was the largest congressional delegation to visit Hungary in at least three years.  From left: Rep. Garret Graves, Rep. Val Demings, Helsinki Commissioner Rep. Steve Cohen, Helsinki Commission Ranking Member Sen. Ben Cardin, Amb. David Cornstein, House Majority Leader Steny H. Hoyer, Minister of the Prime Minister’s Office Gergely Guylas, Rep. Tom Cole,  Helsinki Commissioner Rep. Gwen Moore, Rep. Gregory Meeks The delegation met with civil society representatives; independent investigative journalists; analysts with expertise on corruption, Russian malign influence, and security; experts on the judiciary; and democratic opposition representatives. In addition, the delegation met with the rector of Central European University and the head of Hungary’s Jewish communities. The delegation requested meetings with the Prime Minister, Minister of Foreign Affairs and Speaker of the Hungarian parliament. During the visit, the Members of Congress had an exchange of views with Gergely Gulyás, the Prime Minister’s Chief of Staff, and Zsolt Nemeth, the chair of the Hungarian National Assembly foreign affairs committee.  U.S. Ambassador to Hungary David Cornstein welcomed the delegation and accompanied the Members to their meetings, also hearing the diverse concerns raised. The purpose of the visit was to strengthen support for the shared principles of democracy and collective security to which the United States and Hungary have jointly committed and with a view to safeguarding fundamental freedoms, democracy, and the rule of law. In meetings with government officials, the members welcomed the Hungarian parliament’s approval of the Defense Cooperation Agreement on July 2. Following the conclusion of their visit to Hungary, the delegation traveled to Luxembourg to participate in the annual session of the OSCE Parliamentary Assembly. Members of the delegation also spoke about their visit to Hungary at the Parliamentary Assembly meeting. Members of the Congressional delegation at the statue in Budapest of President Ronald Reagan. The statue was erected in 2011 to honor the American president’s efforts to end communism. It is on Liberty Square, facing the U.S. Embassy, with the Hungarian parliament visible in the background. Majority Leader Hoyer served as chair and co-chair of the Helsinki Commission (positions that rotate between the House of Representatives and Senate) from 1985 to 1994. During that critical period of transition before and during the fall of communism, he made Central Europe a focus of the Commission’s efforts to support human rights and democracy. He led delegations to Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, and Romania, working closely with Secretaries of State George Schultz, James Baker, and Warren Christopher to advance democracy in the region. He also chaired roughly a dozen hearings focused specifically on human rights in Central Europe, including minority rights and religious liberties. As chairman of the Helsinki Commission, Majority Leader Hoyer participated in the 1989 Paris Meeting of the Conference on the Human Dimension and personally introduced a Helsinki Commission initiative that became a formal U.S. proposal: a call for free and fair elections throughout the OSCE region. That U.S. proposal became a key element of the 1990 Copenhagen meeting a year later and set the stage for the subsequent framework for OSCE election observation. Majority Leader Steny H. Hoyer (right) meets with independent journalists Szabolcs Panyi (left) and Anita Komuves (center). Photo: Attila Németh/U.S. Embassy or fotó: Németh Attila/Amerikai Nagykövetség. Majority Leader Hoyer also represented the United States at the 1991 Moscow Conference on the Human Dimension, a meeting notable for taking place shortly after the August coup attempt in Russia. The Moscow Concluding Document included an unprecedented provision explicitly recognizing that human rights and democracy are not strictly the internal affairs of participating States: “The participating States emphasize that issues relating to human rights, fundamental freedoms, democracy and the rule of law are of international concern, as respect for these rights and freedoms constitutes one of the foundations of the international order. They categorically and irrevocably declare that the commitments undertaken in the field of the human dimension of the CSCE are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned. They express their determination to fulfil all of their human dimension commitments and to resolve by peaceful means any related issue, individually and collectively, on the basis of mutual respect and co-operation. In this context they recognize that the active involvement of persons, groups, organizations and institutions is essential to ensure continuing progress in this direction.”     Hoyer Leads Congressional Delegation to Hungary For Immediate Release:  July 3, 2019 Contact Info:  Annaliese Davis (202) 226-1290 WASHINGTON, DC – House Majority Leader Steny H. Hoyer (MD) led a bipartisan Congressional Delegation to Budapest, Hungary, where they met with government officials, opposition leaders, independent media, and civil society activists.   “The United States continues to support efforts to strengthen democracy in Hungary, and we had many honest discussions during our time in Budapest,” said Leader Hoyer. “We were disappointed that we were unable to meet with Prime Minister Orban. The threat of oligarchs and party loyalists gaining control of independent institutions, the judiciary, and the media is alarming. The erosion of democratic checks and balances ought to concern everyone. We appreciated the opportunity to meet with civil society activists and share our support for the work they are doing to renew democracy in their country.  We will continue to promote strong democratic institutions in Hungary that hold its leaders accountable to protect the rights and freedoms of its people.”   “Our meetings with diverse political leaders, independent journalists, representatives of religious communities and civil society were informative and illuminating.  We remain convinced that a strong, democratic Hungary would be the most effective partner for the United States and our NATO allies,” said Senator Cardin, the lead Senate Democrat on the Commission on Security and Cooperation in Europe (CSCE). “We regret that we were unable to speak directly with Prime Minister Orban regarding the steps his government has taken which have undermined core elements of democracy, opened the door to Russian malign influence, and enabled corrosive corruption. Our alliance is not only about shared interests but shared values, and hope alone will not make this reality.  The United States remains open, as an active partner, to find ways to strengthen democracy and the rule of law, protect civil society, and counter extremism that fuels anti-Semitism and undermines regional stability.”    “Hungary is a firm friend and a loyal ally, but all of us are concerned about the erosion of democratic institutions and the rise of Russian influence," said Congressman Cole. "We intend to work with our Hungarian friends across the political spectrum to ensure that their elections are free and fair, their judiciary independent, and their press vibrant and robust." The delegation prioritized meeting with human rights and anti-corruption leaders. The delegation also met with the leadership of the Central European University and expressed their support for it to remain open.  Among the government officials with whom the Members held meetings were the head of the Foreign Affairs Committee of the Hungarian Parliament and the Prime Minister’s Chief of Staff.    The other Members of the Congressional Delegation are: Sen. Ben Cardin (D-MD), the lead Senate Democrat on the Commission on Security and Cooperation in Europe (CSCE), and Reps. Tom Cole (OK-04), Gregory Meeks (NY-05), Gwen Moore (WI-04), Steve Cohen (TN-09), Garret Graves (LA-06), and Val Demings (FL-10).   

  • Minority Faiths Under the Hungarian Religion Law

    By Erika Schlager, Counsel for International Law This is a July 16, 2019, update to the article “Minority Faiths Under The Hungarian Religion Law," originally posted on July 8, 2017 (reprinted below). In 2011, Hungary adopted a new church law that entered into effect in 2012. The law stripped hundreds of faiths of their legal status overnight, deprived them of state resources to which they had previously been entitled, and resulted in other limitations. In December 2018, Hungary amended its religion law (effective as of April 15, 2019). The purpose of the amendment was to implement judgments of Hungary’s Constitutional Court as well as the European Court on Human Rights which held that Hungary’s religion law discriminated against faiths and churches. However, the amended law includes elements that, in practice, will continue discriminatory elements of the 2011 law for several more years and, in some respects, exacerbate the situation for minority faiths. The existing (2011) legal framework already distinguished among churches for the purposes of allocating government resources and benefits. The 2018 amendment added additional tiers to the categories, resulting in a more complex system. The four new tiers or categories are: religious association (with the right to be called a “church”), listed church, registered church and recognized church. Only the most “privileged” tier (recognized church) has the rights previously enjoyed by religious organizations recognized as churches before the passage of the 2011 law. Faiths which enjoyed legal recognition before the 2011 law but were stripped of that recognition under the 2018 law continue to be forced to accept the status of religious association and excluded from all the “privileges” granted to the higher categories. In other words, the 2018 amendment simply carries over the framework of the 2011 law. Additionally, the Hungarian Parliament – a body of elected officials – still decides which religious organizations are in the privileged tier (recognized church), making this an inherently political distinction. The amendment does make two improvements. First, it allows all religious organizations that secure state recognition to determine their own internal organizational structure. (Under the law passed in 2011, this was not the case.) Second, it permits people to donate 1% of their income tax to any religious organization that secures one of the four approved statuses. However, the amendment does not automatically enable organizations previously excluded from this support to receive it. On net, the December 2018 amendment fails to implement fully the court’s rulings or end the discrimination of the 2011 law, leaving some religious groups in limbo. The amendment did not provide a remedy for churches that were stripped of their status under the 2011 law, and faiths categorized in what is now the lowest tier (“religious association”) cannot be upgraded to the status of listed or registered churches without renouncing all future state, European Union, and foreign support or collecting the 1% income tax donation but remaining excluded from the benefits of "recognized" status during a prolonged transitional period. Minority Faiths Under The Hungarian Religion Law June 8, 2017 On April 25, 2017, the European Court on Human Rights announced a judgment in the case of the Hungarian Evangelical Fellowship v. Hungary.  This decision followed a 2014 finding by the Court that Hungary's 2011 law on religion violated the rights to freedom of association and freedom of religion.  In light of the failure of Hungary to end continuing violations, the April judgment awarded the Evangelical Fellowship €3 million in damages.  Religious Discrimination after the 2011 Law The case has its origins in changes made to Hungary’s religion law, which establishes a framework for the registration, or official recognition, of churches.  The law was rushed through parliament in June 2011 in a midnight parliamentary session as part of a massive three-year wave of 700 new laws, a new constitution, and five amendments to the Constitution passed between 2010 and 2013.  The “church law,” as it is known, came into force in 2012 and stripped legal recognition from over 300 previously recognized faiths; only 14 faiths retained their status under the new law.  The law gives the exclusive authority to the elected politicians in the Hungarian parliament to determine what constitutes a church, based on a parliamentary review of a religious community’s faith and rites; bylaws and internal rules; and elected or appointed administrative and representative bodies. The parliament then makes its decision according to a two-thirds vote.  Churches recognized by the parliament are granted a range of financial benefits and other privileges, including the ability to minister to co-religionists in public institutions such as schools, prisons and the military; unregistered faiths are denied these benefits.   Religions that lose their state recognition may have their assets confiscated by the state.  Hungarian Ombudsman Mate Szabo criticized the law when it was adopted and the Constitutional Court has twice struck down parts of the new religion law.  Parliament changed the law to allow unrecognized groups to identify as “churches” (translation:  “you can call yourself whatever you want”), but refused to alter the discriminatory framework that excludes unregistered faiths from the benefit of official status (translation:  “you’ll still have second-class status”).  In other words, there was no meaningful legislative change to address the law’s shortcomings.   The Hungarian Evangelical Fellowship, joined by several smaller groups, including Mennonites, two small reformed Jewish congregations, and a Buddhist congregation, brought the case that was decided by the European Court in 2014.  The European Court held that the “church law” is “inconsistent with the State’s duty of neutrality in religious matters that religious groups had to apply to Parliament to obtain re-registration as churches and that they were treated differently from incorporated churches with regard to material benefits without any objective grounds.”  Damages were awarded to the other religious communities in 2016, but the Hungarian Evangelical Fellowship continued to seek damages in light of continuing violations. In its April 2017 decision, the court awarded €3 million to the Hungarian Evangelical Fellowship.  The damages for discriminatory treatment included the loss of personal income tax donations and the corresponding supplementary State subsidy; the loss of State subsidies intended to support the applicant’s social and educational institutions; the loss of subsidies for religious teaching; and the loss of salary supplements paid to the staff employed by church institutions providing public-interest services. Unfortunately, the Court does not have the authority to compel Hungary to change its religion law and it is up to the Hungarian parliament to take the measures to comply with the ruling.  (The Court may award damages again – and again – in the case of continuing violations.) De-registered churches may be able to get a judgment for damages in Strasbourg, but only Budapest can provide a legal remedy.  The government may be trying to squeeze the Hungarian Evangelical Fellowship out of existence by depriving them of the benefits extended to other faiths and forcing them to devote resources to constantly litigate and re-litigate the same violations.  Smaller churches de-registered after 2011 have already largely been shuttered.  About the Hungarian Evangelical Fellowship The Hungarian Evangelical Fellowship broke from the Hungarian Methodist Church in the mid-1970s over the issue of collaboration with the communist regime. As a faith that would not bend to the communist regime, the Hungarian Evangelical Fellowship was subsequently forced underground and persecuted for engaging in charitable work with the poor at a time when the communist regime was loath to admit that poverty was a serious problem.  After the fall of the communist regime, in 1991 the Hungarian Evangelical Fellowship was officially recognized until stripped of this status under the 2011 law.  The Hungarian Evangelical Fellowship is known for its charitable and humanitarian work, particularly with Romani communities, and runs schools, homeless shelters, and soup kitchens. However, becausethe Hungarian tax authority has refused to issue a tax number to deregistered churches such as the Evangelical Fellowship, it is impossible for them to be designated them as recipients of a 1 percent charitable donation on tax forms.   Related Issues In 2017, the Hungarian Government has also proposed a Russian-style “foreign agents” law, which is currently scheduled for a vote by parliament, possibly on June 13. In recognition of criticism that, among the draft law’s many problems, it would stigmatize groups that receive foreign funding – including support from co-religionists in other countries – the current draft was altered to include a carve-out exception for religious organizations and sports.  If adopted, the law may spur the adoption of copycat laws in the region that might not have the same carve-outs for religious groups.  During a press conference in April, Prime Minister Viktor Orban’s chief of staff Janos Lazar suggested that Hungarian groups that receive foreign funding should be designated with a star.  He later apologized.

  • Countering Hate: Lessons from the Past, Leadership for the Future

    Today at the 28th Annual Session of the OSCE Parliamentary Assembly in Luxembourg, Helsinki Commission Ranking Member Sen. Ben Cardin hosted a U.S. side event in his capacity as OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance. The event, “Countering Hate: Lessons from the Past, Leadership for the Future,” called for parliamentarians from across the 57 OSCE participating States to adopt an action plan to counter bias and discrimination and foster inclusion.  Several members of the U.S. delegation—along with U.S. Ambassador to the OSCE James Gilmore and U.S. Ambassador to Luxembourg Randy Evans—attended the event, where speakers included Dr. Rebecca Erbelding of the U.S. Holocaust Memorial Museum and OSCE parliamentarians Michael Link (Germany), Nahima Lanjri (Belgium), and Lord Alf Dubs (United Kingdom). “We are here today to exchange information on what we are doing in our home countries to address the problem and how we might be able to develop a plan of action to work better together to address the rise in hate-based incidents we have been witnessing across the OSCE region and beyond from Pittsburgh and Poway to Christchurch,” said Sen. Cardin. “It is not only the most vulnerable in our societies whom are in danger when we fail to act, but the very foundations of our democracies.” Dr. Rebecca Erbelding of the U.S. Holocaust Memorial Museum shared a cautionary tale, reminding the audience, “The Holocaust did not appear out of nowhere [and] the Nazi Party was in power in Germany for eight years before mass killing began.”  Warning signs in the past were ignored, she stated.  “A rise of populist leaders, of simple solutions, of demonizing minorities, of propagandizing hate, of neglecting or ignoring refugee protections, of isolationism, of appeasement—these factors, when taken together, have led to genocide in the past, and not just in Europe. We must [..] work together to prevent genocide in the future.”  OSCE parliamentarian and former director of the OSCE Office of Democratic Institutions and Human Rights (ODIHR) Michael Link stressed the need for action, saying that we are witnessing these first alarming signs of hate, but have a choice in whether we will repeat the past. He lauded the success of and need to continue the OSCE’s Words Into Action project funded by the German government to increase education on addressing anti-Semitism, security protections for the Jewish community, and build diverse coalitions across communities against hate. He cautioned that Romani populations should also not be forgotten in the efforts to address the problem. OSCE parliamentarian Nahima Lanjri described rampant discrimination in Belgium’s employment sector and its negative impact on the labor market. Citing the need for increased tools to fight all forms of discrimination that have the negative affect of repressing talents needed for societies to flourish, she called for more disparities data and initiatives that address economic and other forms of discrimination and bias. Lord Dubs, a British parliamentarian who was born in Prague in what was then Czechoslovakia, was one of 669 Jewish children saved by English stockbroker Nicholas Winton, and others, from the Nazis on the Kindertransport.  He shared a recent hate post he had received online and stressed the need to address increasing hate in our societies through education, legislation against hate speech and discrimination, and by shifting public opinion that denigrates communities instead of building them up. U.S. House Majority Leader Rep. Steny Hoyer cited the anti-discrimination work of Brian Stevenson and stressed that difference does not make one “less than." Parliamentarian Hedy Fry of Canada noted rising hate crimes in her country amid numerous initiatives addressing disparities and inclusion. U.S. Rep. Gregory Meeks highlighted the importance of Jewish and African-American coalitions in the civil rights movement. Stating that no group should have to fight for their rights alone if we truly espouse democratic values, he said, we all should be joining the Roma in their human rights struggle.  U.S. Rep. Val Demings called for the conversation to also include LGBT+ communities, recalling the tragic mass shooting at the Pulse nightclub in her Orlando, Florida district.  The sessions concluded with Special Representative Cardin calling for an OSCE Action Plan to address bias and discrimination and foster inclusion and OSCE/ODIHR Advisor Dermana Seta providing an overview of tools currently offered by the OSCE to assist governments in addressing hate crimes and discrimination. 

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