Title

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Bipartisan Congressional Delegation Represents US at OSCE Parliamentary Assembly; Also Visits Ukraine, Czech Republic
Delegation Also Visits Embattled Ukraine and NATO Ally Czech Republic
Monday, August 17, 2015
Volume: 
46
Number: 
1

Forty years after the signing of the Helsinki Final Act established the precursor to today’s Organization for Security and Cooperation in Europe (OSCE), five members of the Helsinki Commission and four other members of Congress traveled to the OSCE Parliamentary Assembly Annual Session in Helsinki to demonstrate the U.S. commitment to confronting Russian aggression in Ukraine and elsewhere.

Led by Commission Co-Chairman Senator Roger F. Wicker (MS), the bicameral, bipartisan delegation organized by the Helsinki Commission included Commission Chairman Representative Chris Smith (NJ-
04); House Commissioners Robert B. Aderholt (AL-04), Steve Cohen (TN-09) and Alan Grayson (FL-09); and Representatives Gwen Moore (WI-04), Michael Fitzpatrick (PA-08), Richard Hudson (NC-08) and
Ruben Gallego (AZ-07).

Before attending the Annual Session from July 5 to 7, several members of the delegation also visited Ukraine and the Czech Republic. A central concern to the delegation throughout the trip was Russia’s restrictions on democracy at home and aggression in Ukraine, along with Russia’s threat to European security.

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  • Brexit: Parliamentary Perspectives

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

  • The Magnitsky Act at Five

    In 2009, Russian tax lawyer Sergei Magnitsky was brutally murdered in prison after uncovering the theft of $230 million by corrupt Russian officials. On December 14, 2012, the Sergei Magnitsky Rule of Law Accountability Act was signed into law in the United States, establishing punitive sanctions – including financial freezes and visa restrictions – for those complicit in Magnitsky’s murder and other human rights abuses in the Russian Federation.  For the past five years, the Magnitsky Act has served as a basis for fighting corruption in Russia and the Putin regime’s systematic violations of the human rights of Russian citizens. On the fifth anniversary of the Magnitsky Act, the Helsinki Commission examined the implementation of the legislation, the resistance of the Russian government to it, and the impact of sanctions on senior members of Putin’s inner circle. The Commissioners heard testimony from William Browder, CEO of Hermitage Capital Management, Garry Kasparov, Chair of the Human Rights Foundation, and the Hon. Irwin Cotler, PC, OC, Chair of the Raoul Wallenberg Centre for Human Rights. Sen. Roger Wicker (MS), Chairman of the Helsinki Commission, began by recognizing the retirement of Amb. David Killion, Chief of Staff of the Commission since 2014, and thanking Amb. Killion for his service. Before introducing the witnesses, Sen. Wicker condemned the corruption plaguing the Russian government, and quoted the murdered Russian opposition politician Boris Nemtsov, who called the Magnitsky Act “the most pro-Russian law passed in the United States.” Rep. Chris Smith (NJ-04), Co-Chairman of the Commission, criticized the Russian government’s response to the Magnitsky Act. He described the harm done to vulnerable Russian orphans by their government’s decision to ban American parents from adopting children from Russia. Mr. Smith also noted that he and many other Americans involved in the passage of the Magnitsky Act have since been denied visas to enter Russia. This response, he said, shows that the Magnitsky Act “struck right to the heart of the Kremlin’s elite.” Sen. Ben Cardin (MD), the Helsinki Commission’s ranking senator, praised the witnesses for their commitment to promoting human rights in Russia, and thanked the members of the Helsinki Commission and other members of Congress who played a role in the passage of the Magnitsky Act. Mr. Cardin also recognized the passage of Magnitsky legislation in Canada, Estonia, Lithuania, and the United Kingdom, and recalled the power of American leadership on human rights, noting that, “when we lead, we find that other countries follow.” William Browder, the first witness to testify, recalled the historic nature of the Magnitsky Act. “On the day it passed, I could never have predicted how far the Magnitsky Act would spread around the world,” he said. “Without exaggeration, it has become the most important piece of human rights legislation passed in this century.” He also called attention to the future of the Magnitsky movement, noting that the parliaments of Ukraine, South Africa, and Gibraltar are considering introducing similar legislation. In closing, Mr. Browder presented several suggestions to the Commission, including adding additional names to the list of sanctioned individuals, and encouraging other G7 countries to adopt Magnitsky legislation. Garry Kasparov reiterated that the targeted sanctions imposed by the Magnitsky Act only apply to corrupt officials, and not the Russian people. “Russian national interest and Putin’s interests are diametrically opposed in nearly every way,” he said. “This is why legislation that targets Putin and his mafia is pro-Russian, not anti-Russia.” Mr. Kasparov observed that the Kremlin’s reaction proved the worth of the Magnitsky Act, and that, “it is essential to increase the pressure, to continue with what works now that the right path has been confirmed.”  At the conclusion of his testimony, Kasparov observed that “Putin and his gang . . . aren’t jihadists or ideologues, they are billionaires. . . .  Follow the money, the real estate, the stock and reveal it, freeze it, so that one day it can be returned to the Russian people from whom it was looted.”  More succinctly in a follow-up question, he quipped, “Banks, not tanks.” Irwin Cotler gave an overview of the passage of the Canadian Magnitsky Act, and described the goals of the global Magnitsky movement. The aim of Magnitsky legislation is “to combat the persistent and pervasive culture of corruption, criminality, and impunity and the externalized aggression abroad, of which Putin’s Russia is a case study” and “to deter thereby other prospective violators,” he said. Passing such legislation also “tells human rights defenders, the Magnitskys of today, that they are not alone, that we stand in solidarity with them, that we will not relent in our pursuit of justice for them, and that we will undertake our international responsibilities in the pursuit of justice.”

  • OSCE Adopts Child Trafficking Ministerial Decision Modeled on Initiative of Co-Chairman Smith

    WASHINGTON—On December 8, the OSCE concluded its annual meeting of the Foreign Ministers of 57 OSCE participating States by adopting a ministerial decision on combatting child trafficking—modeled on OSCE Parliamentary Assembly (PA) resolutions adopted in 2016 and 2017, authored by Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04).  Rep. Smith is the Special Representative on Human Trafficking Issues in the OSCE PA. Entitled “Strengthening Efforts to Combat All Forms of Child Trafficking, Including for Sexual Exploitation, as well as Other Forms of Sexual Exploitation of Children,” the decision provides practical steps for participating States to protect children from traveling sex offenders, and from misuse of the internet for child trafficking and other sexual exploitation.  “Traveling sex offenders rely on secrecy and anonymity to commit crimes against children; the new decision will deter the sexual exploitation of children at home and abroad, and aid in the prosecution of child sex traffickers,” said Smith. The decision calls on each of the OSCE participating States to keep a register of individuals who have committed sex offenses against a child, and to share that information with the law enforcement in destination countries—which would give the United States warning of foreign sex offenders entering U.S. borders.  The decision also calls on OSCE participating States to enact extra-territorial jurisdiction in order to “prosecute their citizens for serious sexual crimes against children, even if these crimes are committed in another country.”   “Some believe the laws of a destination country allow sexual exploitation of a child, or rely on the fact that the judicial system in the destination country is weak,” Smith continued.  “The Ministerial decision underscores the universal human rights of the child to be protected from sexual exploitation and calls for participating States to put all abusers on notice—they will be prosecuted when they return home.”  In addition, the Ministerial decision echoes the Parliamentary Assembly resolutions by calling for accountability of those who misuse the Internet to knowingly or recklessly facilitate access to children for sexual exploitation or child trafficking—such as by advertising children on websites—highlighting that such individuals should be prosecuted as traffickers. “With this binding decision, the foreign ministries of the 57 OSCE participating States stand united with the OSCE Parliamentary Assembly to protect children from trafficking and other sexual exploitation across the OSCE region,” said Smith. Smith first raised the issue of human trafficking at the 1999 OSCE PA Annual Session in St. Petersburg, the first time it appeared on the OSCE agenda. Since then, he has introduced or cosponsored a supplementary item and/or amendments on trafficking at each annual session of the OSCE PA, including on issues such as sex tourism prevention, training of the transportation sector in victim identification and reporting, corporate responsibility for trafficking in supply chains, and special protections for vulnerable populations. In addition to authoring the 2016 International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes through Advanced Notification of Traveling Sex Offenders, he authored the landmark U.S. Trafficking Victims Protection Act of 2000 and its 2003 and 2005 reauthorizations. Chairman Smith co-chairs the United States Congressional Human Trafficking Caucus.

  • Wicker, Cardin Name Kyle Parker to Lead U.S. Helsinki Commission Staff

    WASHINGTON—U.S. Senators Roger Wicker (MS) and Ben Cardin (MD) have announced the joint appointment of Kyle Parker as the Senate Staff Director for the U.S. Commission on Security and Cooperation in Europe (U.S. Helsinki Commission). “The U.S. Helsinki Commission continues to be a force for promoting basic human rights and fundamental freedoms,” Senator Wicker said. “Kyle Parker is an accomplished foreign affairs professional with 18 years of experience in directing policy and managing foreign affairs staff. His proven ability to navigate complex international policy problems and build consensus between divergent parties makes him uniquely suited to advance America’s best interests on a global stage. Kyle and I have enjoyed a close working relationship for a long time, and I have always respected his counsel on issues of great importance. I am confident he will lead the Commission with honor and distinction.” “It is great to welcome Kyle back to the U.S. Helsinki Commission family. His years of public service and experience helping to advance our country’s bipartisan international leadership on democracy, human rights and good governance will be a strong asset to the Commission,” said Senator Cardin. “Along with Senator Wicker, I am proud that we will have someone with Kyle’s depth of knowledge of European issues and hands-on experience with Russia and anti-corruption measures at the helm of the U.S. Helsinki Commission at this critical moment. Combined with his strong legislative skills and proven successes, Kyle will be able to step into this new role ready from Day One.” Kyle Parker will serve as an advisor to Senators Wicker and Cardin, Chairman and Senate Ranking Member of the U.S. Helsinki Commission, respectively.  He will manage a professional staff charged with monitoring compliance with the Helsinki Accords and advancing comprehensive security through the promotion of human rights and the rule of law as well as economic, environmental, and military cooperation across the 57 participating States of the Organization for Security and Cooperation in Europe. The U.S. Helsinki Commission is a bipartisan, bicameral, Congressional-Executive branch agency comprised of nine members each from the Senate and House of Representatives, and one member each from the Departments of State, Defense, and Commerce. “Working with Helsinki Commissioners to create the Magnitsky Act remains the highlight of my career. What began in 2009, as a long shot, is now a movement redefining human rights advocacy around the world, and it all started right here,” Parker said. “I’m honored to have the confidence of Senators Wicker and Cardin and excited to be returning to the Commission at a time when its mandate is central to managing many of the security challenges facing the United States. The Commission’s staff of world-class experts has an institutional memory that is rare in this city of constant transition. A step removed from the partisan grind on Capitol Hill, the Commission has the space to think beyond the latest headlines and craft innovative solutions to difficult problems. Whether defending the principle of the territorial integrity of states in the face of Russia’s violent occupation of Ukraine, protecting the U.S. investment in peace in the Balkans, or using parliamentary diplomacy to combat the modern slave trade, the Helsinki Commission wields the transformative power of our values in the service of our national interests.” Parker most recently served on the House Foreign Affairs Committee as Ranking Member Eliot Engel’s top expert overseeing U.S. foreign policy toward the 50 countries and three international organizations (NATO, OSCE and EU) covered by the Department of State’s Bureau of European and Eurasian Affairs. From 2006 to 2014, Parker served as Policy Advisor for Eurasia at the U.S. Helsinki Commission. Appointed during the Chairmanship of U.S. Senator Sam Brownback, Parker directed hearings and investigations, developed legislation, and staffed Senators and Representatives from both parties. Prior to entering public service, Parker worked for the American Foreign Policy Council managing high-level political exchanges with post-Soviet states.

  • The International Tribunal and Beyond: Pursuing Justice for Atrocities in the Western Balkans

    Between 1991 and 2001 the Socialist Federal Republic of Yugoslavia, made up of six republics, was broken apart by a series of brutal armed conflicts. The conflicts were characterized by widespread and flagrant violations of international humanitarian law, among them mass killings of civilians, the massive, organized and systematic detention and rape of women, torture, and practices of ethnic cleansing, including forced displacement. In 1992 the U.N. established a Commission of Experts that documented the horrific crimes on the ground and led to the 1993 creation of the International Criminal Tribunal for the former Yugoslavia (ICTY). This month, after more than two decades of persistent, ground-breaking efforts to prosecute the individuals responsible for war crimes, crimes against humanity, and genocide in the former Yugoslavia, the ICTY is concluding its work. As it prepares to close its doors, this briefing will assess the tribunal’s achievements and limitations, and most importantly, what still needs to be done by the countries of the region to seek justice in outstanding cases, bring greater closure to victims, and foster greater reconciliation among peoples. Panelists discussed these questions and suggested ways that the United States, Europe, and the international community as a whole can encourage the further pursuit of justice in the Western Balkans.

  • Sea Rescues: Saving Refugees and Migrants on the Mediterranean

    Ships on the Mediterranean Sea have rescued 117,000 refugees and migrants bound for Europe so far in 2017, and many more since the crisis first reached the continent in 2015. In the past two years, almost 12,000 refugees and migrants have died or gone missing. Many of the sea rescues have been conducted by coast guard and naval ships from frontline European countries; the European Union’s Border and Coast Guard Agency, also known as Frontex; and EUNAVFOR MED Operation Sophia. Merchant ships have also played an important role in sea rescues of migrants and refugees on the Mediterranean. According to the International Chamber of Shipping, merchant ships have rescued more than 41,300 of them since 2015. This briefing examined how rescue operations work; what ships are obligated to do when they become aware of a vessel in distress; issues of human trafficking and smuggling; how well governments, shipping companies, and international organizations coordinate and collaborate with each other on sea rescues; major challenges that currently exist for navies, coast guards, and merchant ships involved in rescue operations; and recommendations to address these challenges.

  • 2017 OSCE Ministerial

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

  • The Legacy of Sergei Magnitsky

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

  • Helsinki Commission to Assess Magnitsky Act at Five

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: THE MAGNITSKY ACT AT FIVE: ASSESSING ACCOMPLISHMENTS AND CHALLENGES Thursday, December 14, 2017 9:30 AM Dirksen Senate Office Building Room 562 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce121417 In 2009, Russian tax lawyer Sergei Magnitsky was brutally murdered in prison after uncovering the theft of $230 million by corrupt Russian officials. On December 14, 2012, the Sergei Magnitsky Rule of Law Accountability Act was signed into law in the United States, establishing punitive sanctions – including financial freezes and visa restrictions – for those complicit in Magnitsky’s murder and other human rights abuses in the Russian Federation.  For the past five years, the Magnitsky Act has served as a basis for fighting corruption in Russia and the Putin regime’s systematic violations of the human rights of Russian citizens. On the fifth anniversary of the Magnitsky Act, the Helsinki Commission will examine the implementation of the legislation, the resistance of the Russian government to it, and the impact of sanctions on senior members of Putin’s inner circle. The following witnesses are scheduled to testify: William Browder, CEO of Hermitage Capital Management and author of Red Notice. Browder has led the fight to seek justice for Sergei Magnitsky and his family in both the U.S. and abroad. He will outline Russian opposition to his anti-corruption efforts and his work to help pass similar legislation around the world. The Hon. Irwin Cotler, PC, OC, Chair of the Raoul Wallenberg Center for Human Rights; Former Canadian Member of Parliament, Attorney General of Canada, and Minster of Justice. Cotler will provide details about Canada’s recent passage of its Magnitsky Act, its importance to Canada, and Russian resistance to the legislation. Garry Kasparov, Chairman of the Human Rights Foundation and author of Winter Is Coming: Why Putin and the Enemies of the Free World Must Be Stopped. Kasparov will explain the threat Putin’s regime poses toward the United States and analyze the Magnitsky Act’s efficacy.

  • Helsinki Commission, Tom Lantos Human Rights Commission Announce Briefing on Justice in Western Balkans and Closing of International Tribunal

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, and the Tom Lantos Human Rights Commission (TLHRC) today announced the following briefing: THE INTERNATIONAL TRIBUNAL AND BEYOND: PURSUING JUSTICE FOR ATROCITIES IN THE WESTERN BALKANS Tuesday, December 12, 2017 10:00 AM - 11:30 PM Rayburn House Office Building Room 2255 Live Webcast: www.facebook.com/HelsinkiCommission Between 1991 and 2001 the Socialist Federal Republic of Yugoslavia, made up of six republics, was broken apart by a series of brutal armed conflicts. The conflicts were characterized by widespread and flagrant violations of international humanitarian law, among them mass killings of civilians, the massive, organized and systematic detention and rape of women, torture, and practices of ethnic cleansing, including forced displacement. In 1992 the U.N. established a Commission of Experts that documented the horrific crimes on the ground and led to the 1993 creation of the International Criminal Tribunal for the former Yugoslavia (ICTY). This month, after more than two decades of persistent, ground-breaking efforts to prosecute the individuals responsible for war crimes, crimes against humanity, and genocide in the former Yugoslavia, the ICTY is concluding its work. As it prepares to close its doors, this briefing will assess the tribunal’s achievements and limitations, and most importantly, what still needs to be done by the countries of the region to seek justice in outstanding cases, bring greater closure to victims, and foster greater reconciliation among peoples. Panelists will discuss these questions and suggest ways that the United States, Europe, and the international community as a whole can encourage the further pursuit of justice in the Western Balkans.  Panelists: Serge Brammertz, Chief Prosecutor, International Criminal Tribunal for the former Yugoslavia Nemanja Stjepanovic, Member of the Executive Board, Humanitarian Law Center (from Belgrade, Serbia, live via video) Diane Orentlicher, Professor of Law, Washington College of Law, American University Additional panelists may be added.  

  • Rescuing Refugees and Migrants on the Mediterranean Topic of Upcoming Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: SEA RESCUES: SAVING REFUGEES AND MIGRANTS ON THE MEDITERRANEAN Tuesday, December 12, 2017 2:30PM Russell Senate Office Building Room 188 Live Webcast: www.facebook.com/HelsinkiCommission Ships on the Mediterranean Sea have rescued 117,000 refugees and migrants bound for Europe so far in 2017, and many more since the crisis first reached the continent in 2015. In the past two years, almost 12,000 refugees and migrants have died or gone missing. Many of the sea rescues have been conducted by coast guard and naval ships from frontline European countries; the European Union’s Border and Coast Guard Agency, also known as Frontex; and EUNAVFOR MED Operation Sophia. Merchant ships have also played an important role in sea rescues of migrants and refugees on the Mediterranean. According to the International Chamber of Shipping, merchant ships have rescued more than 41,300 of them since 2015. This briefing will examine how rescue operations work; what ships are obligated to do when they become aware of a vessel in distress; issues of human trafficking and smuggling; how well governments, shipping companies, and international organizations coordinate and collaborate with each other on sea rescues; major challenges that currently exist for navies, coast guards, and merchant ships involved in rescue operations; and recommendations to address these challenges. The following panelists will offer brief remarks, followed by questions: Catherine Flumiani, Minister Counselor, Embassy of Italy to the U.S. Michalis Stamatis, First Secretary and Consul, Embassy of Greece to the U.S. Ludwig Blaurock, Political and Military Counsellor, European Union Delegation to the U.S. Laura Thompson, Deputy Director General, International Organization for Migration John Murray, Marine Director, International Chamber of Shipping

  • Ukraine: Report from the Front Lines

    For more than three years, civilians in eastern Ukraine have suffered the effects of a needless conflict manufactured and managed by Russia; an estimated 10,000 people have been killed and more than 23,500 injured. The humanitarian situation continues to deteriorate amidst almost daily ceasefire violations and threats to critical infrastructure. Joseph Stone, an American paramedic, was killed on April 23, 2017 while monitoring the conflict as an unarmed, civilian member of the Organization for Security and Cooperation in Europe (OSCE) Special Monitoring Mission (SMM) to Ukraine. SMM reports remain the only source of verifiable, public information on this ongoing conflict and the grave, daily impact it has on the local civilian population.  Mission personnel face regular and sometimes violent harassment by combined Russian-separatist forces seeking to limit the SMM’s access to the areas they control.  At this U.S. Helsinki Commission briefing, Alexander Hug, Principal Deputy Chief Monitor of the OSCE Special Monitoring Mission to Ukraine, detailed the humanitarian consequences of the ongoing conflict in Eastern Ukraine; provided an overview of the role of OSCE monitors and the threats they face in carrying out their duties; and offered thoughts on prospects going forward.  Alexander Hug has served in several roles at the OSCE, including as a Section Head and a Senior Adviser to the OSCE High Commissioner on National Minorities as well as at the OSCE Mission in Kosovo. His career in conflict resolution includes work with the Swiss Headquarters Support Unit for the OSCE in northern Bosnia and Herzegovina, the Temporary International Presence in Hebron, and the EU Rule of Law Mission in Kosovo.    

  • Ukraine's Fight Against Corruption

    Today, Ukraine has an historic opportunity to overcome its long struggle with pervasive corruption. Never before in its past has the country experienced such meaningful reforms, with the most significant being the establishment of a robust and independent anticorruption architecture. However, much remains to be done. An anticorruption court is urgently needed, as is an end to the escalating harassment of civil society. This briefing of the U.S. Helsinki Commission introduced the Commission’s recently published report, “The Internal Enemy: A Helsinki Commission Staff Report on Corruption in Ukraine.” Briefers discussed the conclusions of this report as well as the fight against corruption in Ukraine more broadly.

  • Chairman Wicker Honored with Mediterranean Leadership Award

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

  • Turkish Pressure on NGO Participation in the OSCE

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

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

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

  • Helsinki Commission Briefing to Launch Staff Report on Corruption in Ukraine

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: UKRAINE’S FIGHT AGAINST CORRUPTION Wednesday, November 29, 2017 1:00PM Dirksen Senate Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission Today, Ukraine has an historic opportunity to overcome its long struggle with pervasive corruption. Never before in its past has the country experienced such meaningful reforms, with the most significant being the establishment of a robust and independent anticorruption architecture. However, much remains to be done. An anticorruption court is urgently needed, as is an end to the escalating harassment of civil society. This briefing of the U.S. Helsinki Commission will introduce the Commission’s recently published report, “The Internal Enemy: A Helsinki Commission Staff Report on Corruption in Ukraine.” Briefers will discuss the conclusions of this report as well as the fight against corruption in Ukraine more broadly. Copies of the report will be available for distribution. The following panelists will offer brief remarks, followed by questions: Oksana Shulyar, Deputy Chief of Mission, Embassy of Ukraine in the United States Orest Deychakiwsky, Former U.S. Helsinki Commission Policy Advisor for Ukraine Anders Aslund, Senior Fellow, Atlantic Council Brian Dooley, Senior Advisor, Human Rights First

  • Senior OSCE Monitor to Discuss Conflict in Eastern Ukraine at Upcoming Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: UKRAINE: REPORT FROM THE FRONT LINES Thursday, November 30, 2017 2:00PM Senate Visitors Center (SVC) Room 215 Live Webcast: www.facebook.com/HelsinkiCommission For more than three years, civilians in eastern Ukraine have suffered the effects of a needless conflict manufactured and managed by Russia; an estimated 10,000 people have been killed and more than 23,500 injured. The humanitarian situation continues to deteriorate amidst almost daily ceasefire violations and threats to critical infrastructure. Joseph Stone, an American paramedic, was killed on April 23, 2017 while monitoring the conflict as an unarmed, civilian member of the Organization for Security and Cooperation in Europe (OSCE) Special Monitoring Mission (SMM) to Ukraine.   SMM reports remain the only source of verifiable, public information on this ongoing conflict and the grave, daily impact it has on the local civilian population.  Mission personnel face regular and sometimes violent harassment by combined Russian-separatist forces seeking to limit the SMM’s access to the areas they control.  At this U.S. Helsinki Commission briefing, Alexander Hug, Principal Deputy Chief Monitor of the OSCE Special Monitoring Mission to Ukraine, will detail the humanitarian consequences of the ongoing conflict in Eastern Ukraine; provide an overview of the role of OSCE monitors and the threats they face in carrying out their duties; and offer thoughts on prospects going forward.  Alexander Hug has served in several roles at the OSCE, including as a Section Head and a Senior Adviser to the OSCE High Commissioner on National Minorities as well as at the OSCE Mission in Kosovo. His career in conflict resolution includes work with the Swiss Headquarters Support Unit for the OSCE in northern Bosnia and Herzegovina, the Temporary International Presence in Hebron, and the EU Rule of Law Mission in Kosovo.     

  • Prisoners of the Purge

    In July 2016, the Turkish people helped defeat a coup attempt that sought to overthrow their country’s constitutional order. In pursuing those responsible for the putsch, however, Turkish authorities created a dragnet that ensnared tens of thousands of people. The state of emergency declared by President Erdogan in the immediate aftermath of the coup attempt remains in effect today and gives the government vast powers to detain or dismiss from employment almost anyone, with only minimal evidence. Caught up in the sweeping purge are several American citizens, including Pastor Andrew Brunson, NASA scientist Serkan Gölge. Brunson worked and raised his family in Turkey for more than 23 years. Despite the efforts of the President of the United States, among many others, he has spent more than a year in jail without trial on national security charges. In addition, Gölge and two Turkish employees of U.S. consulates stand charged with terrorism offenses despite no involvement with violent activity—a situation faced by thousands of other Turks.    The U.S. Helsinki Commission hearing examined the factors contributing to the detention of American citizens, particularly Mr. Brunson, and U.S. consulate employees in Turkey, as well as the judicial processes to which they have been subject. Sen. Thom Tillis presided over the hearing, voicing his concerns about the treatment of American detainees in Turkey and the country’s deteriorating democratic institutions, particularly the judiciary. During the hearing, the Commission heard testimony from Deputy Assistant Secretary of State for European and Eurasian Affairs Jonathan Cohen, Executive Senior Counsel for the American Center for Law and Justice (ACLJ) CeCe Heil, Pastor Brunson’s daughter Jacqueline Furnari, and Director of Freedom House’s Nations in Transit Project Nate Schenkkan.   All witnesses spoke to their concerns about the worsening political climate in Turkey and the safety of its political prisoners, including Mr. Brunson and Mr. Gölge. They also discussed the impact of these arrests on U.S.-Turkey relations and policy recommendations that could help secure their release and promote Turkey’s respect for its rule of law and other commitments as a participating State of the Organization for Security and Cooperation in Europe (OSCE). Mr. Cohen called on the Turkish government to end the protracted state of emergency, cease sweeping roundups, and expedite due process for all the detained. He encouraged Congress to continue engagement through in-person and written correspondence with Turkish officials to communicate concerns about specific detention cases and the broader rule of law. Mr. Schenkkan detailed the scale of Turkey’s wide-scale purges, which he described as targeting independent voices and ordinary citizens from nearly every sector and as far exceeding any reasonable scope corresponding to the failed coup attempt. He recommended that the United States explore the application of individual sanctions against Turkish officials responsible for the prolonged and unjust detention of American citizens and U.S. consulate employees. Mrs. Heil and Mrs. Furnari testified about the physical, psychological, and personal toll of Pastor Brunson’s prolonged detention. They noted that Pastor Brunson has lost 50 pounds while in detention and suffered psychologically and emotionally from his isolation and separation from his family.

  • Religious Freedom Violations in the OSCE Region

    All 57 participating States of the Organization for Security and Cooperation in Europe have committed to recognize and respect religious freedom as a fundamental freedom. However, some OSCE countries are among the worst perpetrators of religious freedom violations in the world. On November 15, 2017 the U.S. Helsinki Commission hosted a briefing titled “Religious Freedom Violations in the OSCE Region: Victims and Perpetrators.” The panel included Ambassador Michael Kozak, Senior Advisor for the Bureau of Democracy, Human Rights, and Labor; Dr. Daniel Mark, Chairman of the U.S. Commission on International Religious Freedom; Dr. Kathleen Collins, Associate Professor in the Department of Political Science at the University of Minnesota; and Phillip Brumley, General Counsel for Jehovah’s Witnesses. The briefing was moderated by U.S. Helsinki Commission Policy Advisor Nathaniel Hurd. Ambassador Kozak opened his remarks by emphasizing that freedom of religion is an important issue to the Trump Administration. He named Turkmenistan, Uzbekistan, and Tajikistan as the most concerning OSCE participating States currently violating their citizens’ right to freedom of religion. While he noted Uzbekistan is making some efforts to remove itself from the “Countries of Particular Concern” list, the country still has a ways to go. He discussed a law in Tajikistan that prevents any child under 18years of age from attending public religious ceremonies, saying this law not only violates citizens’ freedom of religion but also freedom of assembly. He then stressed the importance of keeping an eye on “Tier 2” countries such as Azerbaijan, Kazakhstan, and Turkey, as all three countries are active in limiting the rights of minority religions. During the Q & A session, Ambassador Kozak explained that the State Department released the Annual International Religious Freedom Report three months after the legally required May deadline so the Secretary could participate in the rollout. He also acknowledged the State Department’s failure to meet the legally required deadline to issue its designation of Countries of Particular Concern 90 days after releasing the IRF report. The Ambassador himself took responsibility for missing the deadline, explaining that he has not yet provided the paperwork to the Secretary and saying the designations should be issued soon. Dr. Daniel Mark then spoke about the role of the U.S. Commission on International Religious Freedom (USCIRF) in the OSCE region. USCIRF monitors religious freedom abroad and makes policy recommendations in Washington. He recently traveled to Uzbekistan and also acknowledged the efforts of the country to improve its status on the “Countries of Particular Concern” list. He added that Uzbekistan was the one country that offers hope in the region, although the USCIRF is still waiting for more evidence on much needed reforms. He cited the strict registration of religious groups, tightly controlled possession of religious literature, and the thousands of Uzbek Muslims who continue to serve long-term prison sentences on fabricated charges. He also warned that extremism laws have become a new way to prevent peaceful religious expression in the region. Overall, he said the Commission is not optimistic about religious freedom in the region, which is arguably more restricted than ever before. During the Q&A session, Dr. Mark reiterated that the biggest constraint on religious freedom in Uzbekistan is the government-required registration on religious organizations. Without registration, a group cannot have property, services, or literature; however, registration is also a way for the government to start its control and surveillance. Dr. Kathleen Collins concentrated her time on the evolving situation in Kazakhstan and Kyrgyzstan. She suggested that governments in the region are looking towards each other and Russia to justify extremism laws that are really just another form of religious persecution. Dr. Collins spoke about a proposed amendment in the Kazak government that limit religious teaching to approved organizations, and the new requirement for 500 signatories for religious registration in Kyrgyzstan. Despite these laws, she noted that some churches have been able to build ties with local governments to provide social services that national and local governments do not prioritize, such as helping orphans and drug rehabilitation. During the Q&A session, Dr. Collins noted that governments and secular civil society actors in the region have undercut some of the efforts to gain more religious freedom. She said there is not a tradition of civil society working with religious actors as a result of deeply secular civil societies that tend to distrust religious actors. Dr. Collins added that mistrust developed during Communist rule has undermined different Christian communities working together to address issues of religious freedom. Finally, Phillip Brumley began by listing Tajikistan, Turkmenistan, Uzbekistan, and Russia as the most dangerous countries for Jehovah’s Witnesses in the OSCE region. Brumley explained how Russia’s extremism laws allowed the Russian government to classify Jehovah’s Witnesses as an extremist organization. He said Jehovah’s Witnesses residing in Russia can remain true to their faith but must keep it to themselves and refrain from gathering in groups to worship. He believes that Russia is the primary driver of religious freedom violations in the region. During the Q&A session, Brumley said he believes Russia is taking a long time in their attack on Jehovah’s Witnesses in order to give a veneer of giving Jehovah’s Witnesses due process of law. He noted that Jehovah’s Witnesses have been in Russia since before the Soviet Union and there are fourth and fifth generation Witnesses living in Russia who will continue to practice their faith, even under these new limitations.

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