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Democratic Elections in the OSCE Region
Who Stays in Power the Longest and Why?
Tuesday, September 12, 2017

From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM).  The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns.

In the 1990 Copenhagen Document, the OSCE participating States adopted, by consensus, watershed commitments on free and fair elections.

They stated that the participating States:

“. . . solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings are the following:

[ . . . ]

— free elections that will be held at reasonable intervals by secret ballot or by equivalent free voting procedure, under conditions which ensure in practice the free expression of the opinion of the electors in the choice of their representatives;

[ . . . ]

— a clear separation between the State and political parties; in particular, political parties will not be merged with the State;” 

Accordingly, the participating States rejected the concept of a one-party state or “modified” democracy (e.g., communist- or socialist-democracy).  In a summit held later that year, the OSCE Heads of State or Government declared, “We undertake to build, consolidate and strengthen democracy as the only system of government of our nations.”

In spite of the OSCE commitment to hold free and fair elections, some OSCE participating States have demonstrated even more resistance—if not complete unwillingness—to hold free and fair elections. In a few, a transfer of power is more likely to be the result of death than an election.  In some cases, a generation has come of age under a single ruler or ruling family.

Download the full report to learn more.

Download highlights of conclusions and recommendations drawn from OSCE election reports (October 2016 to September 2017).

Contributors: Robert Hand, Senior Policy Advisor,
Janice Helwig, Representative of the Helsinki Commission to the U.S. Mission to the OSCE,
Everett Price, Senior Policy Advisor,
Scott Rauland, Senior State Department Advisor,
Erika Schlager, Counsel for International Law,
and John Engelken, Intern

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    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: POWER AND POLITICS Implications of Ukraine’s Presidential Elections Thursday, May 9, 2019 2:00 p.m. Rayburn House Office Building Room 2200 Live Webcast: www.facebook.com/HelsinkiCommission At this Helsinki Commission briefing, panelists will explore the state of institutional resilience and political context for the election of Volodymyr Zelenskiy as Ukraine’s next president on April 21, 2019.  This briefing will explore implications for transatlantic engagement and opportunities for reforms on issues related to the rule of law, media freedom, and corruption. The following panelists are scheduled to participate: Dr. Michael Carpenter, Senior Director, Penn Biden Center for Diplomacy and Global Engagement Natalie Sedletska, Journalist and Host, Radio Free Europe/Radio Liberty Ukrainian Service Additional panelists may be added.

  • Hastings, Wicker, and Moore Mark the Anniversary of Joseph Stone’s Death In Ukraine

    WASHINGTON—On the two-year anniversary of the death of Joseph Stone, a U.S. paramedic serving with the OSCE Special Monitoring Mission (SMM) in Ukraine, Helsinki Commission Chairman Alcee L. Hastings (FL-20) recalled Stone’s tragic death in the Russia-driven conflict and underlined that agreements to end the use of mines in the conflict must be respected.  Stone was killed on April 23, 2017, when his vehicle struck a landmine in Russian-controlled territory in eastern Ukraine. “We honor the ultimate price paid by Joseph Stone, an American who served the innocent civilians suffering from the senseless conflict Moscow has perpetuated in Ukraine,” said Chairman Hastings. “Men, women, and children near the contact line remain steps from oblivion wrought by the indiscriminate cruelty of landmines. This human cost of the Kremlin’s ambition is unacceptable.” Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) called on the Russian Government to end the cycle of violence that resulted in Stone’s death.   “Instead of continuing to fuel this war, Vladimir Putin and his proxies should live up to their promises under the Minsk Agreements and the Helsinki Accords and get out of Ukraine—including Crimea,” said Sen. Wicker. “The second anniversary of Joseph Stone’s death is a tragic reminder that Russia has not met its commitments on clearing areas of explosive remnants of war and preventing new mines from being laid in eastern Ukraine.” Rep. Gwen Moore (WI-04) praised Stone’s courage and criticized the pressure put on international monitors. “Joseph Stone, who was born in my district in Milwaukee, gave his life to help the world know the truth about the war in eastern Ukraine. OSCE monitors voluntarily put themselves at risk to document the day-to-day tragedies of a conflict that has killed thousands and affected millions more,” said Rep. Moore. “They do this important work despite facing severe threats of violence; these threats, including the laying of landmines such as the one that killed Joseph and continue to kill and maim innocents—must end.”  Eastern Ukraine is among the most heavily-mined regions in the world. According to Alexander Hug, former Principal Deputy Chief Monitor of the OSCE Special Monitoring Mission to Ukraine, mines and unexploded ordnance are the No. 2 cause of casualties in the war in Ukraine. Anti-vehicle mines are responsible for more deaths in the Donbas than anywhere else in the world.​ In the last year alone, at least 70 people—including 18 children—have been killed or injured by mines or unexploded ordinance in eastern Ukraine. The SMM was established in 2014 to monitor implementation of the Minsk agreements, which were designed to bring peace to eastern Ukraine. It is an unarmed, civilian mission that serves as the international community’s eyes and ears in the conflict zone. It is the only independent monitoring mission in the war zone. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia, and Ukraine. It currently fields roughly 800 monitors, nearly 600 of whom are in the Donetsk and Luhansk regions. The United States supports the SMM by providing 57 monitors (the largest contingent) and has contributed over $100 million to the mission since its inception.

  • First Person: #UkraineElections2019

    By Rachel Bauman, Policy Advisor and Kyle Parker, Senior Senate Staff Representative   Bright morning sunlight streamed through the windows of School No. 119 in Odesa as the first ballot was cast for the March 31 presidential election in Ukraine. We, along with our third team member, a Danish parliamentarian, had arrived an hour earlier to watch as a stern but amiable middle-aged woman—who seemed especially proud to speak Ukrainian to her Russian-speaking electoral commission colleagues—instructed them on proper procedure for the day. The ballot boxes must be sealed properly, privacy in the voting booths maintained, proper identification verified, and voter lists checked and double checked. Coffee, tea, and small talk were in good supply to combat the grogginess of a morning made even earlier by the switch to daylight savings time shortly after midnight on election day. This election, with 39 candidates vying for the presidency, required the longest ballot in Ukraine’s history at 80 centimeters (more than two and a half feet) long. Not only did this present a printing challenge, but we saw numerous voters seeming to wonder just how many folds would be needed to easily deposit their ballot through the narrow slot and preserve the secrecy of their selection. Ukraine’s election law is surprisingly strict in this regard and imposes criminal penalties on voters who deliberately reveal their selections, whether by showing someone personally, taking a picture of their ballot, or bringing someone else into the voting booth with them. Notably, we observed no incidence of anyone deliberately violating ballot secrecy. We were among over a thousand foreign observers of the election invited by the Government of Ukraine, consistent with its OSCE commitments. We joined approximately 100,000 domestic observers to inspect the nearly 30,000 electoral precincts across the country—excluding parts of the Donbas and Crimea, due to the ongoing war and Russia’s illegal occupation, respectively. All of the domestic observers that we encountered were observing on behalf of an individual candidate, usually for Yuriy Boyko, Petro Poroshenko, or Yulia Tymoshenko. We did not encounter any of the foreign and domestic NGOs also observing the election. Throughout the day, we traveled to numerous polling stations, spending almost an hour at each, to watch for irregularities or violations of election law. Most electoral commissioners went out of their way to proudly display what was an organized and transparent electoral system. All afforded us full access to every part of the voting process. A few commissioners even seemed flattered to host foreign observers from the OSCE, an acronym well known in Ukraine for the prominent role the OSCE has played in assessing previous elections, including those that led to the Orange Revolution in 2004 and that served to ratify the dramatic change of government in 2014. In any election observation, the most critical part of election day is the counting of ballots after the polls have closed and unused ballots have been checked against the total numbers of ballots issued and votes cast. With these procedures scrupulously followed, the chairwoman at the precinct where we were assigned gave the okay to open the ballot boxes and tally the votes. By that time, the sun had set and the flickering fluorescent lighting in the school hallway where the voting took place was so dim and distracting that everyone—commissioners, observers, and the school’s custodial staff—moved tables, chairs, and the sealed ballot boxes to a better lit atrium so a proper count could proceed. One by one, a grinning commissioner (we later discovered he was candidate Volodymyr Zelenskiy ’s representative on the commission) cut the plastic seals on each box and, with pomp, dumped their contents onto a table surrounded by other commissioners eager to see who won and to finish the work they had begun before sunrise, some 18 hours earlier. First, the control sheet deposited in each box before the polls opened was located and set aside. Then, the chairwoman divided the candidates among commissioners so they could begin to stack ballots as they were unfolded and inspected. On a few occasions, a voter’s selection was unclear and so the ballot was presented to the entire commission for scrutiny, followed by a vote on how and whether to record the ambiguous ballot. Many of the 39 candidates on the ballot received no votes and there was often a wisecrack and laughter when any of these candidates received a vote, or even two! Despite the daunting fullness of the ballot boxes, due in part to the physical size of the ballot, the count proceeded apace with only a couple instances of needing to recount a candidate’s stack of votes to reconcile the final numbers needed for the formal protocol. This document would soon be posted outside the precinct for public inspection and sent up the chain to be included in the national tally. Security throughout the count was so strict that an ailing observer was nearly prohibited from leaving the precinct while the count was underway. After seeking the approval of the commission chairwoman, police finally unlocked the doors and allowed the observer to depart. These rules, as explained to us, were in place to prohibit any ballots from being brought into or out of the precinct. Based on the increasing grumblings of commissioners as night turned to early morning, this prohibition on leaving seemed to motivate commissioners to stay focused on their duties lest they risk witnessing another sunrise at their polling station. The OSCE’s post-election preliminary statement corresponded to our observation of a smooth, even festive in some cases, electoral process that complied with Ukraine’s domestic laws and fulfilled the country’s international commitments. Given the frequent opportunities Ukraine has had to exercise its democratic muscle in recent years, few on the international observation mission led by the OSCE expected anything but the free and fair process we witnessed. As the gold standard of international election observation, the OSCE’s recommendations over many electoral cycles have helped Ukrainian officials to improve the conduct of their elections. Further, praise from the OSCE following election day is powerful validation of the process in the eyes of Ukraine’s voters and gives other states a democratic model to emulate. No sooner had the election ended than the hundreds of thousands of electoral commissioners overseeing Ukraine’s nearly 30,000 local electoral precincts started to prepare for the presidential runoff election on April 21—this time with just two names on the ballot and a decisive outcome. These commissioners are the unsung heroes of a maturing democracy that is simultaneously at war in the East and on an irreversible path to the West. At least they will get a proper break before having to, once again, regroup and oversee Ukraine’s parliamentary elections expected to take place in the fall of this year.

  • Helsinki Commission Marks Fifth Anniversary of Illegal Referendum In Crimea

    WASHINGTON—Ahead of the fifth anniversary of the illegal Russian-organized referendum in Crimea, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Five years ago, the Government of Russia tried to legitimize its illegal occupation of Crimea by organizing a fake referendum in Ukrainian territory.  By orchestrating this so-called vote, the Kremlin blatantly flouted international law. By definition, citizens living under armed occupation lack the freedom to determine their collective destiny.  “This tragic anniversary also reminds us of the suffering this occupation continues to inflict on innocent Ukrainian citizens who have been forced to flee Crimea, as well as on those who remain behind. Ethnic minorities such as Crimean Tatars and activists who object to the illegal Russian occupation, including Oleg Sentsov, are targets of persecution and violence by the Government of Russia. “We will not forget; Crimea is Ukraine.”  Russian forces first invaded Crimea in February 2014. Since then, the Helsinki Commission has hosted numerous hearings and briefings on the war in Ukraine, including an April 2014 hearing with then-Assistant Secretary of State Victoria Nuland; December 2015 and November 2016 briefings on human rights violations in Russian-occupied Crimea; an April 2017 briefing on Oleg Sentsov and Russia's human rights violations against Ukrainian citizens; a May 2017 hearing on the growing Russian military threat in Europe; and briefings with Alexander Hug, then-Principal Deputy Chief Monitor of the OSCE Special Monitoring Mission to Ukraine, and Kurt Volker, U.S. Special Representative for Ukraine Negotiations.

  • Remembering Boris Nemtsov

    Madam President, on Sunday, February 24, thousands of people marched in Moscow and in cities across Russia to remember Boris Nemtsov, a Russian statesman and friend of freedom who was gunned down in sight of the Kremlin walls 4 years ago. These people were honoring a Russian patriot who stood for a better future--a man who, after leaving the pinnacle of government, chose a courageous path of service to his country and his fellow Russians. Boris Nemtsov was a man who walked the walk. When others were silent out of fear or complicity, he stood up for a future in which the Russian people need not risk jail or worse for simply wanting a say in how their country is run. Sadly, since Mr. Nemtsov's assassination, the risks of standing up for what is right have grown in Russia. With every passing month, ordinary citizens there become political prisoners for doing what we take for granted here in the United States--associating with a political cause or worshipping God according to the dictates of one's conscience. Last month alone, in a high-profile case, a mother was jailed for the crime of being a political activist in Russia. She was kept from caring for her critically ill daughter until just hours before her daughter died. Jehovah's Witnesses have been sentenced to years behind bars for practicing their faith. Also, a leader of a small anti-corruption organization was beaten to death with metal rods on the outskirts of Moscow. This was all just in February, and it is not even a comprehensive account of the Russian state's using its powers not against real enemies but against its own people--peaceful citizens doing what peaceful citizens do. As for the Nemtsov assassination, 4 years later, justice has yet to be served. It appears that President Putin and his cronies have little interest in uncovering and punishing the masterminds behind Russia's highest profile killing in recent memory. While a few perpetrators who had been linked to the Kremlin-appointed leader of Chechnya, Ramzan Kadyrov, were convicted and sent to prison, Mr. Nemtsov's family, friends, and legal team believe the organizers of his murder remain unidentified and at large. I understand that Russia's top investigative official has prevented his subordinates from indicting a close Kadyrov associate, Major Ruslan Geremeyev, as an organizer in the assassination, and the information linking Geremeyev to Mr. Nemtsov's murder was credible enough for a NATO ally to place Geremeyev on its sanctions list. Yet there has still been no indictment. Russian security services continue to forbid the release of footage from cameras at the site of the assassination. Russian legal authorities refuse to classify the assassination of a prominent opposition leader and former First Deputy Prime Minister as a political crime. Despite all of this, they have declared the case solved. Given this pattern of deliberate inaction on the part of Russian authorities, the need for some accountability outside of Russia has grown more urgent. Russia and the United States are participating States in the Organization for Security and Cooperation in Europe, or the OSCE, and have agreed that matters of justice and human rights are of enough importance to be of legitimate interest to other member states. Respect for these principles inside a country is often a predictor of the country's external behavior. So countries such as ours have a reason to be involved. At the recent meeting of the OSCE's Parliamentary Assembly, we began a formal inquiry into Mr. Nemtsov's unsolved murder and have appointed a rapporteur to review and report on the circumstances of the Nemtsov assassination as well as on the progress of the Russian investigation. As the chair of the U.S. delegation to the OSCE Parliamentary Assembly, I supported this process from its conception at an event I cohosted last July in Berlin. Yet, as the United States of America, there is more we can do. To that end, I am glad to cosponsor a resolution with my Senate colleagues that calls on our own government to report back to Congress on what we know of the circumstances around Boris Nemtsov's murder. This resolution also calls on the Treasury Department to use tools like the Magnitsky Act to sanction individuals who have been linked to this brutal murder, such as Ruslan Geremeyev. We hear constantly from Russian opposition figures and civic activists that personal sanctions, such as those imposed by the Magnitsky Act, have a deterrent effect. Vladimir Putin has made it abundantly clear that these sanctions, based on personal accountability, are more of a threat to his regime than blunter tools, such as sectoral sanctions, that often feed his propaganda and end up harming the same people we are trying to help in Russia—innocent citizens. To its credit, the Trump administration has done a better job than had the previous administration in its implementing of the new mandates and powers Congress authorized in both the Russia and Global Magnitsky Acts. We are in a much different place than we were when these tools were originally envisaged nearly 10 years ago. The administration is mandated to update the Magnitsky Act's list annually, with there being a deadline in December that sometimes slips into January. Now it is already March, and we have yet to see any new designations under the law that the late Mr. Nemtsov himself called the most pro-Russian law ever adopted in a foreign legislature. While the law has been lauded by Russian democrats, it is rightly despised by those like Vladimir Putin who abuse and steal from the American people. Recall that it was at the Helsinki summit late last summer between the leaders of Russia and the United States of America—perhaps the grandest stage in U.S.-Russian relations in a decade—where Mr. Putin himself requested that his investigators be able to depose U.S. officials most closely associated with passing and implementing the Magnitsky law, as if they were criminals. We need to show the Russian dictator that this sort of bullying will not stand and that we will continue to implement the Magnitsky Act thoroughly and fairly. A year ago, I participated—along with many of my colleagues in the House and Senate—in the unveiling of Boris Nemtsov Plaza in front of the Russian Embassy here in Washington, DC—the first official memorial to Boris Nemtsov anywhere in the world. One day, I hope there will be memorials to Boris Nemtsov all across Russia, but the best tribute to his memory will be a Russia he wanted to see, a just and prosperous Russia, at peace with its neighbors and a partner with the United States. I yield the floor.

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