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press release
Hastings and Wicker Condemn Apparent Poisoning of Alexei Navalny
Thursday, August 20, 2020WASHINGTON—Following today’s apparent poisoning of Russian opposition leader Alexei Navalny, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following joint statement: “Sadly, Alexei Navalny is the latest in a long line of Russians to be targeted for supporting freedom and democracy in their country. These attacks are intended to silence dissent, but instead they highlight the cruelty, intolerance, and lawlessness of the Putin regime. We hope there will be consequences for those who carried out this crime and for those who approved it. We join many from around the world in praying for Alexei as he now fights for his life.” Navalny fell suddenly and seriously ill on a flight from Tomsk, Russia, to Moscow on the morning of August 20, 2020. The flight made an emergency landing and paramedics rushed Navalny to the hospital. He remains unconscious and on a ventilator, in stable but serious condition. Navalny has been the subject of numerous attacks and arrests connected to his anti-corruption work. In July 2019, Chairman Hastings and Co-Chairman Wicker expressed concern about Navalny’s hospitalization for an unknown “allergic reaction” following his arrest by Russian authorities ahead of pro-democracy protests. Navalny is the latest in a series of political activists who have been poisoned after opposing the Putin regime. Former Russian military intelligence officer and British double agent Sergei Skripal and his daughter Yulia were almost killed in Salisbury, England by exposure to the nerve agent Novichok in 2018. Russian democracy advocate Vladimir Kara-Murza was poisoned in 2015 and 2017. Former FSB officer Alexander Litvinenko died from radiation poisoning in London in 2006. In 2004, journalist Anna Politkovskaya was sickened on a flight; she survived only to be shot two years later. These and similar instances are widely considered to be organized and sanctioned by the highest levels of the Russian Government.
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press release
Chairman Hastings Asks Treasury Secretary to Revoke Access to U.S. Financial System for Largest State-Owned Companies in Belarus
Thursday, August 13, 2020WASHINGTON—In a letter to Treasury Secretary Steven Mnuchin released today, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) asked the U.S. administration to revoke access to the U.S. financial system for the nine largest state-owned companies in Belarus. The letter, which follows the violent suppression of peaceful protests in Belarus after the country’s fraudulent presidential election on August 9, reads in part: “As President Alexander Lukashenko violently suppresses peaceful protests in the Belarus and flouts international election commitments, it is unacceptable for the United States to be doing business with this brutal regime… “Executive Order 13405—Blocking Property of Certain Persons Undermining Democratic Processes or Institutions in Belarus—was originally issued in June 16, 2006 in reaction to [Belarus’] March 2006 elections and subsequent repression of protests. It targets the human rights abuses that have sadly become characteristic of the Lukashenko regime and which he is committing now more aggressively than ever as he attempts to squash fair political competition. There has never been a more appropriate time to fully implement this Executive Order and consider expanding its principle objectives with additional executive action.” During the March 2006 presidential election in Belarus, Chairman Hastings led the OSCE’s short-term international election observation mission of more than 500 observers; its report noted that the “arbitrary use of state power and widespread detentions showed a disregard for the basic rights of freedom of assembly, association and expression, and raise doubts regarding the authorities' willingness to tolerate political competition.” The full text of the letter can be found below: Dear Mr. Secretary, I request that you revoke General License No. 2G with respect to Executive Order 13405, which authorizes access to the U.S. financial system for the nine largest state-owned companies in Belarus. As President Alexander Lukashenko violently suppresses peaceful protests in the Belarus and flouts international election commitments, it is unacceptable for the United States to be doing business with this brutal regime. For the March 2006 presidential election in Belarus, I served as Special Coordinator of the Organization for Security and Cooperation in Europe (OSCE) Chair-in-Office, where I led the international election observation mission of more than 500 observers and declared that those elections were not free and fair. At that time, President Lukashenko failed to live up to international commitments by arbitrarily preventing 19 international observers from joining the mission, enforcing a pattern of intimidation against voters and opposition candidates, as well as manipulating state media. I am sad to see that nothing has changed in more than a decade and the reach of President Lukashenko’s regime has consequently done even more irreparable damage to the Belarusian people. Ahead of Belarus’ presidential election on August 9, Lukashenko, who has been in power for 26 years, has once again authorized crackdowns on opposition protestors, journalists, and civil society activists. Over 1,300 people were arbitrarily detained in the course of the campaign. Still more are being detained in protests following the election. The president disqualified or jailed his top three competitors, hoping to ensure victory. Belarus also failed to extend a timely invitation to international observers, preventing impartial monitors from the OSCE from observing the election process, which increases the likelihood of large-scale fraud. Lukashenko underestimated, however, how much the public would rally around the wife of an intended presidential candidate who was unjustly imprisoned. As an opposition candidate and everyday citizen concerned for the future of Belarus, Svetlana Tikhanovskaya has mobilized thousands across Belarus to demand change in their country, starting with free and fair elections. Tikhanovskaya and her family are now safely in refuge under the protection of the Lithuanian government for fear of what might become of them now that the fraudulent election results have been announced. Executive Order 13405—Blocking Property of Certain Persons Undermining Democratic Processes or Institutions in Belarus—was originally issued in June 16, 2006 in reaction to the aforementioned March 2006 elections and subsequent repression of protests. It targets the human rights abuses that have sadly become characteristic of the Lukashenko regime and which he is committing now more aggressively than ever as he attempts to squash fair political competition. There has never been a more appropriate time to fully implement this Executive Order and consider expanding its principle objectives with additional executive action. The people of Belarus have demonstrated through these protests their deep desire for democracy and their refusal to be silenced. It is incumbent upon us to stand with them. At the very least, this means that we should not be inadvertently providing support to the Lukashenko regime by allowing its state-owned companies access to our financial system. Sincerely, Alcee L. Hastings Chairman
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press release
Co-Chairman Wicker Condemns Fraudulent Election Results, Violence Against Protesters In Belarus
Tuesday, August 11, 2020WASHINGTON—Following the August 9 presidential election in Belarus and ongoing violence against protesters across the country, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “From the earliest stages of campaigning, Alexander Lukashenko has ruthlessly suppressed his political opponents, independent media, and ordinary citizens advocating for change. This electoral 'victory' was accomplished through blatant manipulation and fraud, as well as threats and violence. The United States stands with the people of Belarus, who have a right to make free choices about their country’s future and to protest peacefully.” In June and July 2020, longtime president of Belarus Alexander Lukashenko eliminated his main political competition through disqualification or imprisonment. Numerous protestors, supporters of opposition candidates, and journalists were arrested in the lead-up to the election. Belarus’ Central Election Commission stated on August 9 that more than 80 percent of voters voted for Lukashenko, with opposition candidate Svetlana Tsikhanovskaya, who drew unprecedented crowds to her rallies, receiving about 10 percent of the vote. Experts consider these numbers to be highly inaccurate. Following the election, protests across Belarus have been marked by mobile internet shutdowns, police violence, and mass arrests. According to international observers, Belarus has not had free and fair national elections since Lukashenko was first elected president in 1994.
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press release
Hastings: Petty Parochialism Denies OSCE Vital Leadership During Global Crisis
Tuesday, July 14, 2020WASHINGTON—Following yesterday’s failure of OSCE representatives to renew the mandates of four leadership positions—the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the Office for Democratic Institutions and Human Rights—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “We are in trouble when petty parochialism denies us vital leadership in the midst of a global crisis. Now more than ever, reliable multilateral institutions are needed to forge solutions during and after the current pandemic. “Azerbaijan, Tajikistan, Turkey, and other OSCE participating States who have blocked consensus on extending dedicated public servants should be ashamed of themselves. History will show the folly of abandoning essential leadership for cooperation.” Negotiations to renew each mandate collapsed in part in response to the written objections of Azerbaijan, Tajikistan, and Turkey, and the subsequent withholding of consensus by other participating States. Even efforts to devise interim extensions failed, leaving vital OSCE leadership positions vacant during an unprecedented global crisis. The failure highlights the unwillingness of some OSCE participating States to live up to their stated commitments to democratic institutions, the rule of law, media pluralism, and free and fair elections. Leaving key leadership roles unfilled drastically weakens the OSCE’s ability to hold countries accountable for their actions and undermines the principles of the Helsinki Final Act. The Organization for Security and Cooperation in Europe (OSCE) is the world’s largest regional security organization. It spans 57 participating States reaching from Vancouver to Vladivostok. The OSCE sets standards in fields including military security, economic and environmental cooperation, and human rights and humanitarian concerns. In addition, the OSCE undertakes a variety of initiatives designed to prevent, manage, and resolve conflict within and among the participating States.
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press release
Hastings and Wicker Denounce Fraudulent Vote in Russia
Thursday, July 02, 2020WASHINGTON—Following this week’s manipulated vote to amend Russia’s constitution to further weaken the separation of powers, strengthen the presidency, and allow President Vladimir Putin to remain in office until 2036, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following joint statement: “As we have seen time and again in Putin’s Russia, the outcome of this vote was decided long before the ballots were tallied. “Thanks to a fraudulent plebiscite ‘legitimizing’ the rubber stamp of Russia’s parliament, the Russian people—along with those living under Russian occupation—will remain under the thumb of an increasingly powerful Putin who could rule until he is in his eighties. “State-sponsored fraud, coercion, and obfuscation make it impossible to know the true will of the Russian people, who deserve a responsive, democratic government in line with Russia’s OSCE commitments.” From June 25 to July 1, 2020, citizens of Russia and residents of illegally-occupied Crimea and Russia-backed separatist regions of the Donbas could vote either for or against a package of more than 200 amendments to Russia’s constitution. Because the vote was not technically classified as a referendum, regulations and procedures that would usually apply—including a required minimum voter turnout level—were disregarded. Russia’s Central Election Commission released preliminary results showing overwhelming support for the amendments hours before the last polls closed, which under normal circumstances would be illegal. The potential for voter fraud was increased by the Russian Government’s decision to spread the voting over the span of a week and introduce electronic voting in some areas, ostensibly to prevent the spread of the coronavirus. Independent journalists have received credible reports of people being paid to create multiple false profiles to vote online, employees being coerced into voting by their superiors, and the use of online tools to track voter participation. Individuals documented ballot-stuffing and other irregularities at polling places. The package of amendments was approved overwhelmingly and with little discussion by President Putin and both chambers of the Russian parliament on March 11, 2020, then rapidly cleared by the regional parliaments and the Constitutional Court. It required a nationwide vote to come into force. Vladimir Putin has ruled Russia either as president or prime minister for 20 years. He can now pursue two more six-year terms after his current term expires in 2024.
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press release
Hastings Urges Belarus to Allow Real Political Competition in Upcoming Elections
Wednesday, June 24, 2020WASHINGTON—In light of the recent crackdown on protesters and arrests of prominent presidential candidates leading up to the August 9 elections in Belarus, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) released the following statement: “Every OSCE participating State, including Belarus, commits to holding free and fair elections. Belarusian authorities have made this impossible by arresting and intimidating presidential candidates, journalists, and activists in the early stages of campaigning. There can be no free choice when the system is rigged in favor of the incumbent. I call on President Lukashenko to order the release of those who have been detained for political reasons and allow real political competition in Belarus.” Belarusian presidential candidate and popular YouTube personality Sergei Tikhanovsky was arrested in early June. His wife, who has decided to run in his place, has received numerous threats. Another presidential candidate and former head of Belgazprombank Viktor Babaryko was also detained, along with his son, after authorities raided the bank’s offices. Journalists, members of civil society, and others have been arrested during rallies and peaceful protests against Lukashenko’s regime. An estimated 140 people across Belarus were detained on June 19 alone, the last day for presidential candidates to collect signatures to get on the ballot. According to international observers, Belarus has not had free and fair national elections since Lukashenko’s election in 1994.
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press release
Hastings Urges Belarus to Allow Real Political Competition in Upcoming Elections
Wednesday, June 24, 2020WASHINGTON—In light of the recent crackdown on protesters and arrests of prominent presidential candidates leading up to the August 9 elections in Belarus, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) released the following statement: “Every OSCE participating State, including Belarus, commits to holding free and fair elections. Belarusian authorities have made this impossible by arresting and intimidating presidential candidates, journalists, and activists in the early stages of campaigning. There can be no free choice when the system is rigged in favor of the incumbent. I call on President Lukashenko to order the release of those who have been detained for political reasons and allow real political competition in Belarus.” Belarusian presidential candidate and popular YouTube personality Sergei Tikhanovsky was arrested in early June. His wife, who has decided to run in his place, has received numerous threats. Another presidential candidate and former head of Belgazprombank Viktor Babaryko was also detained, along with his son, after authorities raided the bank’s offices. Journalists, members of civil society, and others have been arrested during rallies and peaceful protests against Lukashenko’s regime. An estimated 140 people across Belarus were detained on June 19 alone, the last day for presidential candidates to collect signatures to get on the ballot. According to international observers, Belarus has not had free and fair national elections since Lukashenko’s election in 1994.
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press release
Chairman Hastings Demands Release of Paul Whelan
Wednesday, June 17, 2020WASHINGTON—Following the sentencing of U.S. citizen Paul Whelan to 16 years in a maximum-security prison by a Russian court, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “In clear violation of Russia’s OSCE commitments, Paul Whelan was denied his right to due process. His long and harsh pre-trial detention, and the secretive nature of Paul’s trial and the spurious ‘evidence’ against him, show that Russia’s authorities are not concerned about justice. This is nothing more than a politically-motivated stunt that has inflicted serious damage on an American citizen. Paul Whelan must be released.” Paul Whelan was arrested in Moscow in December 2018, where he planned to attend a wedding. FSB agents broke into his hotel room and found a flash drive that Whelan’s Russian friend had told him contained photos from a recent trip. Authorities claimed that the flash drive contained classified information. Whelan has been detained in Moscow’s Lefortovo prison, unable to contact his family and friends, alleging abuse from guards, and suffering from health problems.
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briefing
Disinformation, COVID-19, and the Electoral Process
Thursday, May 21, 2020Listen to audio of the briefing on Facebook. Free and fair elections are one of the most fundamental measures of a democratic society. During the 2016 presidential elections, many Americans became aware for the first time that disinformation can be easily coupled with technology by state and nonstate actors to disrupt and muddy the information space in the months, weeks, and days leading up to an election. The use of disinformation to influence elections has since become a pervasive and persistent threat in all 57 OSCE participating States, one which many still struggle to adequately address. With presidential, parliamentary, or local elections scheduled in 15 OSCE participating States before the end of 2020, the stakes could not be higher. The COVID-19 pandemic has added another level of complexity, as Russia, China, and Iran are all attempting to use the crisis to drive a wedge between the United States and Europe. Governments in the region are struggling to respond, with some enacting measures that further restrict the free flow of information and threaten press freedom. This briefing featured three expert panelists who each examined the implications of this emerging threat to the electoral process and explored opportunities for nations, state and local governments, the private sector, and civil society to collaborate to identify and mitigate disinformation’s corrosive effects. Some of the more urgent concerns they noted were the increased politicization of the information space and the rise of nonstate actors. Heather Conley, Senior Vice President for Europe, Eurasia, and the Arctic at the Center for Strategic International Studies, noted, “Russia does not create the weaknesses; they simply exploit them. And this is where I think it’s very important to understand that in the U.S. system they’re exploiting, obviously, our partisanship. So we are offering them the weakness, and then they use it wherever they can.” Nina Jankowicz, Disinformation Fellow at the Woodrow Wilson Center Science and Technology Information Program and author of the upcoming book How to Lose the Information War, said the goal is often simply to bombard the information space with so much conflicting information, the voter loses interest: “They want people to consume less news and to feel like participation at all stages of the process is futile, whether that means communicating with our elected representatives, participated in civil society, or even the act of voting itself.” She added that partisanship cannot be permitted to frame the response to disinformation. “Disinformation is not a partisan issue,” she said. “If we’re to make any progress in protecting our democracies, we need to not only clearly recognize the threat that disinformation poses but reject its tactics whole cloth. Any government that uses disinformation cannot hope to fight it.” Chatham House’s Sophia Ignatidou called for a US-EU approach to combatting disinformation that was rooted in international human rights. She noted, “The reason for doing that is that international human rights law is suitable to deal with an issue that doesn’t respect any physical boundaries. And it can provide a more holistic view of the issue of disinformation which we are lacking sometimes.” Ignatidou also challenged one of the primary arguments that some of the big tech companies use to push back against regulation – freedom of expression – as misleading, because “the problem with disinformation is dissemination patterns and scale, not content, per se. And freedom of speech does not equate [with] freedom of reach.” Other questions centered on the importance of OSCE election monitoring missions paying more attention to how disinformation impacts the atmosphere surrounding an election in the months leading up to it. The discussion ended on a positive note as all three panelists, when asked to cite examples of successful efforts to mitigate disinformation, spoke about the importance of using trusted, credible voices at the grass-roots level and of building resilience among voters in a nonpartisan fashion. Related Information Panelist Biographies Podcast: Helsinki on the Hill | Defending against Disinformation A Global Pandemic: Disinformation Hearing: The Scourge of Russian Disinformation Briefing: Lies, Bots, and Social Media
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press release
Helsinki Commission Briefing to Examine Corrosive Impact of Disinformation on the Electoral Process
Monday, May 18, 2020WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: DISINFORMATION, COVID-19, AND THE ELECTORAL PROCESS Thursday, May 21, 2020 10:30 a.m. – 11:30 a.m. Register to attend. Free and fair elections are one of the most fundamental measures of a democratic society. During the 2016 presidential elections, many Americans became aware for the first time that disinformation can be easily coupled with technology by state and nonstate actors to disrupt and muddy the information space in the months, weeks, and days leading up to an election. The use of disinformation to influence elections has since become a pervasive and persistent threat in all 57 OSCE participating States, one which many countries still struggle to adequately address. With presidential, parliamentary, or local elections scheduled in 15 OSCE participating States before the end of the year, the stakes cannot be higher. The COVID-19 pandemic has added another level of complexity, as Russia, China, and Iran are all attempting to use the crisis to drive a wedge between the United States and Europe. Governments in the region are struggling to respond, with some enacting measures that further restrict the free flow of information and threaten press freedom. This briefing will examine the implications of this emerging threat to the electoral process and explore opportunities for nations, state and local governments, the private sector, and civil society to collaborate to identify and mitigate disinformation’s corrosive effects. Expert panelists scheduled to participate include: Heather Conley, Senior Vice President for Europe, Eurasia, and the Arctic, The Center for Strategic and International Studies (CSIS) Nina Jankowicz, Disinformation Fellow, Woodrow Wilson Center Science and Technology Information Program; author of “How to Lose the Information War” Sophia Ignatidou, Academy Associate, International Security Programme, Chatham House
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publication
Human Rights and Democracy in a Time of Pandemic
Tuesday, May 12, 2020The outbreak of the novel coronavirus pandemic has prompted governments around the world to take extraordinary measures in the interest of public health and safety. As of early April, nearly two-thirds of the 57 participating States of the Organization for Security and Cooperation in Europe had declared “states of emergency” or invoked similar legal measures in response to the crisis. Often such measures have enabled governments to enact large-scale social distancing policies and suspend economic activity to save lives and preserve the capacity of national public health infrastructure to respond to the spread of infections. At the same time, human rights organizations and civil society activists have expressed concern regarding the breadth of some emergency measures and recalled the long history of government abuse of emergency powers to trample civil liberties. Exactly three decades ago, OSCE participating States unanimously endorsed a set of basic principles governing the imposition of states of emergency, including the protection of fundamental freedoms in such times of crisis. In 1990 in Copenhagen, OSCE countries affirmed that states of emergency must be enacted by public law and that any curtailment of human rights and civil liberties must be “limited to the extent strictly required by the exigencies of the situation.” According to the Copenhagen Document, emergency measures furthermore should never discriminate based on certain group characteristics or be used to justify torture. Building on these commitments a year later in Moscow, participating States underscored that states of emergency should not “subvert the democratic constitutional order, nor aim at the destruction of internationally recognized human rights and fundamental freedoms.” The Moscow Document stresses the role of legislatures in imposing and lifting such declarations, the preservation of the rule of law, and the value of guaranteeing “freedom of expression and freedom of information…with a view to enabling public discussion on the observance of human rights and fundamental freedoms as well as on the lifting of the state of public emergency.” In some corners of the OSCE region, however, national authorities are violating these and other OSCE commitments in the name of combatting coronavirus. While many extraordinary responses are justified in the face of this crisis, government overreach threatens the well-being of democracy and the resilience of society at a critical time. Download the full report to learn more.
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speech
Respecting Human Rights and Maintaining Democratic Control during States of Emergency
Friday, May 08, 2020Statement at the OSCE Parliamentary Assembly Webinar: Respecting Human Rights and Maintaining Democratic Control during States of Emergency President Tsereteli, Secretary General Montella, it is good hear from you. I am pleased to see that this Assembly has found ways to communicate, cooperate and collaborate — in spite of the distances that keep us apart, and as an expression of our shared commitments to our roles as legislators. At last year’s annual session, I was the lead sponsor of a supplementary item on “the role of civil society — individuals and non-governmental organizations — in realizing the aims and aspirations of the OSCE.” The resolution we adopted in Luxembourg acknowledges the critical role civil society plays in enhancing security and cooperation across all OSCE dimensions. I appreciate President Tsereteli appointing our colleague, the Honorable Pia Kauma, as the Assembly’s Special Representative to be an advocate for civil society engagement and she has done a great job so far. I am sorry, but not surprised that some governments have taken the need for emergency measures as an opportunity for repressive measures. 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. I believe we must also pay particular attention to those measures that relate to freedoms of assembly, association, and expression. I am also troubled by the heavy-handed disciplinary and punitive approach utilized in some areas, which exacerbates existing discriminatory and unconstitutional policing. I want to thank you, Director Gisladottir, for your attention to this and speaking out against the hate crimes and scapegoating of minorities, refugees and migrants. In the next legislation that will come before the U.S. Congress, I will support provisions to address hate crimes and other forms of discrimination in our societies recently highlighted by the pandemic. The February 25 profiling murder of Ahmaud Aubrey by his neighbors in the state of Georgia demonstrates the urgency of our fight for equity and justice for all beyond our current crisis. But I would like to pause here for a moment, to reflect on violations of fundamental freedoms that some governments had already imposed even before now. If a law or practice violated OSCE human rights and democracy norms before the pandemic, circumstances now will surely not cure that violation. Threats against journalists, restrictions on academic freedom, imprisoning people for their political views, and impeding or even criminalizing NGOs’ access to and communication within and outside their own countries — all of that is still inconsistent with OSCE commitments, and the pandemic does not change that. Principle VII of the Helsinki Final Act still holds: individuals still have the right to know and act upon their rights. I therefore add my voice to the international calls from OSCE institutional bodies and others around the world for the release of all prisoners of conscience given this pandemic. Prison populations are particularly susceptible to community spread. To address dangerous overcrowding, governments should work first and foremost to release those imprisoned for exercising their internationally recognized rights or those wrongly imprisoned contrary to international commitments. I regret Turkey's decision in particular to approve a plan to release 90,000 prisoners that excluded relief for any of the thousands of political prisoners, including opposition politicians, civil society activists, employees of U.S. diplomatic missions, and many more. Which brings me back to the important work of Special Representative Kauma. Civil society is not a luxury, it is essential. If anything, it becomes even more important during an emergency when governments may legitimately exercise powers, but those powers may not be unlimited, unchecked, or unending. A vibrant civil society plays a critical role in holding governments to account, particularly at times of great social stress. Those human rights groups, the parent-teacher organizations, book clubs, or food banks— all enrich our societies. Colleagues, this pandemic has upended elections across the OSCE region. According to the OSCE Parliamentary Assembly’s factsheet, forty OSCE participating States — including my own — have elections scheduled for this year. As we all rise to meet the challenge of conducting elections safely, we must maintain transparency regarding the entire electoral process, especially any changes to the timing of elections, methods of voting, or measures that impact campaigning. The United States is already debating these issues in preparation for November. Even in a pandemic, international and domestic election observation remains vital. We must find a solution to ensure that they are engaged and included even now.
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speech
Remarks from Sen. Cardin Concerning COVID-19 Emergency Responses
Friday, May 08, 2020OSCE PA Webinar: Respecting Human Rights And Maintaining Democratic Control During States of Emergency Thank you, Mr. President Tsereteli and Secretary General Montella, for organizing this dialogue. Director Gisladottir and Mr. Abramowitz, thank you for the work each of you is doing to shine a light on the human rights and democracy implications of emergency measures introduced in response to the COVID-19 pandemic, as well as the implications of other government actions taken during this public health crisis that may threaten the health of our democracies. As parliamentarians, we have a responsibility to ensure that the measures we introduce and which our governments implement are consistent with OSCE standards on human rights and democracy, including the 1991 Moscow Document’s commitments regarding states of emergency. Those actions must be necessary, proportional, transparent, and temporary. 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. Muzzling independent voices undermines public confidence in government at a time when that confidence and public cooperation is critical to the success of the safety measures we need. And yes, sometimes this means governments are going to hear they they’re not getting it right and sometimes governments will need to make course corrections. But there’s a big difference between addressing bad news and suppressing bad news. A robust civil society is a critical partner to each of our governments and will strengthen our resilience. Unfortunately, just this virus exploits vulnerabilities of pre-existing conditions, some governments may exploit the human rights limitations already in place before this pandemic, including laws or practices that unduly restrict civil society, or limit the freedoms of expression, association, or assembly. President Tseretelli, your appointment of a Special Representative on Civil Society last August could not have come at a more important time. I hope members of this assembly will advance efforts to protect the core fundamental freedoms that are essential for civil society voices to be heard and support the work of my colleague, Special Representative Pia Kauma. We also need to ensure that civil society voices continue to be heard within the OSCE. As we look ahead to how the participating States organize human dimension activities this year, and particularly the annual Human Dimension Implementation Meeting, it is critical that we preserve the access and openness that have made the OSCE such an important forum for human right defenders. Whether OSCE meetings are in person or online, those standards of access should be preserved. Finally, democratic institutions, including as the rule of law, the independence of the judiciary, and free elections, must be preserved even during states of emergency. I think this is really one of the most important contributions of the 1991 Moscow Document — it speaks to these exact points: “A state of public emergency may not be used to subvert the democratic constitutional order.” “The participating States will endeavor to ensure that the normal functioning of the legislative bodies will be guaranteed to the highest possible extent during a state of public emergency.” “The participating States will endeavor to ensure that the legal guarantees necessary to uphold the rule of law will remain in force during a state of public emergency.” We may need to make changes in how our courts hear cases or the mechanics of our elections. But a health emergency does not diminish our commitment to ensure the integrity of our democratic institutions. The United States will proceed with our elections in a manner that ensures the public’s safety and respects the rights of voters, and consistent with our OSCE commitments. Thank you.
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press release
Chairman Hastings Denounces Unchecked Power Granted To Hungary’s Prime Minister Orban
Thursday, April 02, 2020WASHINGTON—Following the Hungarian Parliament’s decision on Monday to accept Prime Minister Viktor Orban’s request for unlimited power to rule by decree in response to the coronavirus pandemic, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “Prime Minister Orban has taken gross advantage of the fear and uncertainty brought on by a global pandemic to secure the power to rule by decree in perpetuity. Instead of focusing on the well-being of Hungarian citizens likely to suffer from the coronavirus, he has chosen to prioritize preserving his parliamentary majority and permanently consolidating his control of the Hungarian Government. “At both the global and national levels, defeating the coronavirus will require extraordinary social solidarity, not unchecked executive power. The further concentration of powers in Hungary will only pave the way for the further concentration of corruption.” Among other provisions, the new law allows for up to a five-year prison sentence for spreading false or distorted information regarding the fight against the coronavirus, which could be used against journalists reporting on the state of Hungary’s hospitals or health care delivery. The law also suspends elections. Hungary has recently completed a cycle of elections (parliamentary, European Parliament, and municipal) with no other major elections scheduled until 2022. In the meantime, by-elections and referenda are prohibited. The law, which lacks a sunset clause, may only be repealed by a two-thirds vote of parliament, or terminated by the Prime Minister himself. In 1991, Hungary—along with all other OSCE participating States—adopted the Moscow Document in the aftermath of a coup attempt in Russia. The agreement includes specific provisions on states of emergency. In particular, the OSCE participating States agreed to “in conformity with international standards regarding the freedom of expression, take no measures aimed at barring journalists from the legitimate exercise of their profession other than those strictly required by the exigencies of the situation.” On March 30, OSCE Office for Democratic Institutions and Human Rights (ODIHR) Director Ingibjörg Sólrún Gísladóttir warned that emergency legislation being adopted by governments across the OSCE region, including Hungary, must include a time limit and guarantee parliamentary oversight. Since 2010, Viktor Orban has systematically dismantled a system of checks and balances, facilitating the consolidation of control by the Fidesz government. In April 2019, the Helsinki Commission hosted a briefing to explore developments in Hungary, including issues related to the rule of law and corruption.
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in the news
E.U. Tries Gentle Diplomacy to Counter Hungary’s Crackdown on Democracy
Tuesday, March 31, 2020European leaders were reluctant to pick a fight with Prime Minister Viktor Orban a day after he secured powers to rule by decree indefinitely. BRUSSELS — The European Union’s written response to Hungary’s effective suspension of democracy omitted one important word: Hungary. A day after the Hungarian Parliament passed sweeping emergency measures allowing the far-right populist leader Viktor Orban to rule by decree indefinitely, ostensibly as part of the country’s response to the coronavirus, the European Commission on Tuesday reminded its members to respect rights. But it was a muted first response from the one institution that can take on Mr. Orban, and it appeared aimed at balancing the political imperative of cooperation in the era of the coronavirus with the risk of emboldening him. “It’s of utmost importance that emergency measures are not at the expense of our fundamental principles and values,” Ursula von der Leyen, the president of the European Commission, said in a statement that made no mention of Mr. Orban or Hungary. The European Commission is the European Union’s executive branch, and it often describes itself as “the guardian of the treaty” that created the bloc of 27 democracies. But Mr. Orban has long been in an open struggle with parts of that treaty. He has said frankly that he does not believe in liberal democracy — which the European Commission says is fundamental to the European Union’s values. The severe measures adopted Monday in Budapest may dramatically ratchet up the confrontation between the Orban government and European Union institutions in Brussels. Hungary’s new legislation suspends elections and also allows the prime minister to suspend existing laws and rule by decree. One vaguely worded section also says that people found to be spreading “falsehoods” or “distorted truths” that obstruct the authorities from protecting the public may be punished with prison sentences of up to five years. That new tool that may allow Mr. Orban to further curb the press freedoms long in his cross hairs. To be sure, in the face of the epidemic, European countries have all to lesser or greater extent adopted emergency measures curbing liberties, including measures that require citizens to register any movement and observe curfews. But Hungary’s new rules are the most far reaching. And rights experts, political analysts and academics say that, given Mr. Orban’s track record and espousal of “illiberal democracy,” the measures he says he is taking to fight the virus could become fixtures in Hungarian public life, used to crack down on opposition well after the threat of the virus passes. European Union officials believe that the statement issued Tuesday, which came from Ms. von der Leyen personally, sent a clear message to Mr. Orban — even without naming him. European Commission lawyers are now closely watching how he enforces Hungary’s new measures, the officials said. But they said that now — as Europe battles to stem the spread of the virus and mitigate its catastrophic economic damage, and with many nations suspending some liberties — was not the moment to pick a fight with just one member. That measured approach surprised some observers, despite the fact that the commission often takes a conciliatory stance toward wayward members in a bid to entice them to reform voluntarily. (That has never worked with Hungary.) “It is bizarre,” Daniel Freund, a member of the European Parliament who belongs to the German Greens political party, said of Ms. von der Leyen’s statement. “The decision that the Hungarian Parliament took yesterday is a watershed moment,” Mr. Freund said. “Now you have to do something, or we really lose democracies.” Mr. Freund and other members of the European Parliament believe that even before the European Commission opens a formal investigation into Hungary’s new law, which would take months, it should use existing rules to put pressure on Mr. Orban. “If we end up after the crisis with a virus well fought but democracy lost in several member states, that’s an unacceptable situation,” Mr. Freund said. Daniel Kelemen, a professor European Union politics and law at Rutgers University, said the epidemic could prove an opportunity for the Hungarian leader. “Throughout his consolidation of power, Orban has counted on the European Union to be distracted with other crises,” he said. “But now,” Mr. Kelemen said, “the scale of this crisis does call for consolidation of power for the executive, so it gives him more effective cover for this next stage of escalation.” Mr. Orban’s hold on power was unparalleled by European Union standards well before Monday’s vote authorizing him to rule by decree. In practical terms, Mr. Orban and his allies already controlled the legislative and executives branches of government, and had stacked the Constitutional Court. With Mr. Orban’s parliamentary opposition unable to slow his political machine, the European Union has shown itself to be the only entity capable of curbing his power, but the results have been mixed. Lengthy and cumbersome European Union legal proceedings could not stop Mr. Orban and his allies from taking over the Hungarian media landscape, weakening the independence of the judiciary, levying a special tax on nongovernmental organizations receiving foreign funding, or ejecting the Central European University from the country. In the end it may be Mr. Orban’s love for European financial aid, not freedoms, that acts as a brake on his government. “Aware that the European Union is watching, Orban is likely to tread modestly at first,” said Mujtaba Rahman, the head of Europe at Eurasia Group consultancy. “He will not wish to put at risk the €5.6 billion windfall granted to Hungary by the European Parliament last week as its portion in the union’s efforts to battle the coronavirus." President Trump has warmly embraced Mr. Orban. Mr. Trump’s ambassador in Hungary has spoken glowingly about Mr. Orban’s grip on power and said that Mr. Trump would love to have the powers of his Hungarian counterpart. But Mr. Orban’s autocratic tendencies have long alarmed others in Washington, particularly lawmakers who serve on the Commission on Security and Cooperation in Europe, known as the Helsinki Commission. A congressional delegation visited Hungary last year to investigate democratic backsliding.
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press release
Helsinki Commission Leaders Commend Political Compromise in Georgia
Friday, March 13, 2020WASHINGTON—After a March 8 announcement that Georgia’s political leadership reached a deal paving the way for the adoption of compromise electoral reforms ahead of the October 2020 parliamentary election, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) released the following statements: “Debate and compromise, two hallmarks of democracy, have rebuilt hope that Georgia’s leaders can bridge divisions and meet the demands of the people for accountability in electoral processes and outcomes,” Chairman Hastings said. “Having led an international election observation mission to Georgia, I commend the hard work it took to reach this agreement and the role of international ambassadors, particularly U.S. Ambassador Kelly Degnan, in facilitating it. As the agreement’s implementation proceeds, I hope to see prioritization of the parties’ joint commitment to address perceptions of politically-motivated criminal charges in recent months.” During the January 2008 presidential election in Georgia, Chairman Hastings served as head of the OSCE PA election observation mission and was appointed by the OSCE Chairman-in-Office as the Special Coordinator leading all OSCE short-term observers. “As a longtime champion of the United States’ strategic partnership with Georgia, I am glad to see Georgia’s political leaders take the path of dialogue to resolve this months-long crisis,” said Co-Chairman Wicker. “The coming months should serve as an opportunity for the Georgian people to regain confidence in the ability of their democratic institutions to represent their voices and render independent justice.” In December 2019, Co-Chairman Wicker sent a letter to Georgian Prime Minister Giorgi Gakharia urging the ruling Georgian Dream party to address growing public discontent with preparations for the 2020 national election and a string of decisions that undermined public confidence in the rule of law. Since November, Georgia has been embroiled in a political crisis sparked by the surprise defeat in parliament of constitutional amendments that would have transitioned the country to a fully proportional electoral system for 2020 parliamentary elections. In response to a political crisis last summer, Georgian Dream Party Chairman Bidzina Ivanishvili pledged his party would pass the amendments, which enjoyed broad support from Georgian political factions and international democracy advocates. Despite this pledge, a group of Georgian Dream parliamentarians voted last month to scuttle the proposal, prompting angry reactions across the Georgian political spectrum. This political controversy coincided with criminal prosecutions against several prominent opposition figures that created the appearance of selective enforcement of the law. Georgian Dream parliamentarians also disregarded an opposition boycott last week to approve 14 justices to lifetime appointments on the Supreme Court despite serious questions about some of their legal qualifications.
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hearing
Moldova
Tuesday, March 10, 2020Presidential elections in Moldova are quickly approaching. However, the country’s self-proclaimed “technocratic” government has yet to demonstrate a departure from the country’s post-Soviet history of grand kleptocracy and political strife. Moldovans have demanded greater access to the global economy through European integration, yet some political leaders are pivoting East with substantial security implications for the enduring frozen conflict in the breakaway territory of Transnistria. To this day, Moldovans demand accountability for the more than $1 billion siphoned from Moldova’s biggest banks between 2012 and 2014. However, key former political leaders implicated in this and other crimes are alleged to have escaped international sanctions, notably, ousted oligarch Vladimir Plahotniuc, who is allegedly at large in the United States. The U.S. Helsinki Commission convened the hearing to explore the societal fissures, security implications, and governance challenges at stake in the Republic of Moldova. Commission Chairman Rep. Alcee L. Hastings (FL-20) chaired the hearing and was joined by Commissioner Rep. Robert Aderholt (AL-04) and Rep. Sheila Jackson Lee (TX-18), a member of the U.S. delegation to the OSCE Parliamentary Assembly. Chairman Hastings’ opening remarks addressed the existing conditions in Moldova under pro-Russian president Igor Dodon and affirmed U.S. support for stability and democracy in Moldova. “We hope to see Moldova reach its potential as a European nation of prosperity and the rule of law, rather than just another post-Soviet country under the thumb of Moscow,” he stated. The hearing exposed Moldova’s existing struggles with corruption and Russian influence and highlighted opportunities for the United States to support Moldova’s democratic aspirations. Ambassador William H. Hill, Global Fellow at the Woodrow Wilson Center for International Studies and former Head of the OSCE Mission to Moldova, emphasized continuing problems of corruption in Moldovan institutions, security issues regarding Russia and Transdniestria, and the role of the U.S. and the EU in supporting Moldova. Although he explained that Moldova has “strayed into a familiar pattern of cronyism, political reprisals, and geopolitical posturing,” Ambassador Hill expressed hope for progress. Tatyana Margolin, Regional Director of the Eurasia Program at Open Society Foundations, highlighted the resilience of Moldova’s civil society and the lack of public trust in the government. She also called for free and fair elections, for criminal justice reform, and on the U.S. to find Plahotniuc and bring him to justice. Valeriu Pașa, Program Manager at WatchDog.MD, testified to the problems of corruption and the absence of justice in Dodon’s administration. “Judges, prosecutors, as well as other officials are easily drawn into supporting illegalities,” leading the government to be highly incompetent, he explained. Pașa voiced his support existing U.S. sanctions under the Magnitsky Act and asked that the U.S. impose tougher sanctions on corrupt low-profile Moldovan officials.
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press release
Moldovan Governance and Accountability to be Discussed at Helsinki Commission Hearing
Thursday, March 05, 2020WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: MOLDOVA Access and Accountability Tuesday, March 10, 2020 12:30 p.m. Rayburn House Office Building Room 2200 Live Webcast: www.youtube.com/HelsinkiCommission Presidential elections in Moldova are quickly approaching. However, the country’s self-proclaimed “technocratic” government has yet to demonstrate a departure from the country’s post-Soviet history of grand kleptocracy and political strife. Moldovans have demanded greater access to the global economy through European integration, yet some political leaders are pivoting East with substantial security implications for the enduring frozen conflict in the breakaway territory of Transnistria. To this day, Moldovans demand accountability for the more than $1 billion siphoned from Moldova’s biggest banks between 2012 and 2014. However, key former political leaders implicated in this and other crimes are alleged to have escaped international sanctions. Witnesses at the hearing will explore the societal fissures, security implications, and governance challenges at stake in the Republic of Moldova. Can a country marred by deep corruption reverse its trajectory, and is there even any will to do so in this government? What role will civil society play in Moldova’s reconstruction? Will Socialist president Igor Dodon prioritize relations with Russia over the West, or manage to navigate between the two? This hearing will explore these questions and more. The following witnesses are scheduled to participate: Ambassador William H. Hill, Global Fellow, Woodrow Wilson Center for International Studies & former Head of the OSCE Mission to Moldova Tatyana Margolin, Regional Director – Eurasia Program, Open Society Foundations Valeriu Pașa, Program Manager, WatchDog.MD
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publication
Restrictions on Civil Society in Hungary
Friday, February 28, 2020Since returning to power in 2010, Viktor Orban has systematically dismantled a system of checks and balances, facilitating the consolidation of control by the Fidesz government, which is now in its fourth (third consecutive) term. This has included introducing significant changes to the legal framework for parliamentary elections; stripping hundreds of faiths of their state recognition in 2011 and then channeling money to religious groups that do not challenge government positions (increasing dependence of those groups on the state); overseeing the consolidation of most Hungarian media, first into the hands of government-tied oligarchy and then into a single foundation exempt from anti-trust regulation; and eroding judicial independence by, for example, expanding and packing the constitutional court. In light of restrictions imposed on political opposition, faith organizations, the media and the judiciary, the role of Hungarian civil society in holding the government to account (by, for example, suing the government for non-compliance with the Hungarian constitution or Hungary’s international legal commitments) has taken on heightened importance. At the same time, civil society organizations have become the targets of escalating rhetorical attacks and legislative restrictions, including laws that significantly lower the bar for what it takes to jail people who seek to exercise their freedoms of speech, assembly, and association. Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law and Daniela Ondraskova, Max Kampelman Fellow
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hearing
Human Rights and Democracy
Wednesday, January 29, 2020For nearly three decades, the Organization for Security and Cooperation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) has been at the forefront of efforts to promote human rights and democracy throughout the 57-nation OSCE region. Although best known for international election observation, ODIHR has also been instrumental in countering various forms of intolerance, helping governments combat human trafficking, protecting human rights defenders, and implementing OSCE commitments to fundamental freedoms. The U.S. Helsinki Commission convened the hearing to demonstrate bipartisan support for ODIHR, to reinforce the U.S.’s support related OSCE initiatives, and to hear about the ongoing work of ODIHR. Commission Ranking Member Rep. Joe Wilson (SC-02) chaired the hearing and was joined by Commissioners Rep. Robert Aderholt (AL-04), Rep. Steve Cohen (TN-09), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. Wilson’s opening remarks highlighted the historic achievements of ODIHR, which include assisting countries to “transition from communism to democracy,” supporting “civil society participation in OSCE events,” and facilitating “strong cooperation with the Parliamentary Assembly.” In her first appearance before Congress, ODIHR Director Ambassador Ingibjörg Sólrún Gísladóttir addressed multiple challenges that have impeded the effectiveness of ODIHR activities. She then outlined ODIHR’s role in offering proactive solutions. In particular, Ambassador Gísladóttir stressed the importance of dialogue and asserted that democracy is about “respect and trust, an acceptance of differing opinions, an exchange of views, and the willingness to share power and seek compromise.” She concluded on an optimistic note, emphasizing unity within the OSCE and its “commitment to democracy and to the wellbeing of its people.” Although conscious of ODIHR’s efforts, commissioners voiced concerns that some OSCE participating States are not complying with their commitments to uphold basic human rights standards. Commissioners specifically acknowledged restrictions on religious freedom in Russia, poor conditions for activists and journalists, and rising anti-Semitism and discrimination against the Roma people across the region. This hearing continued the Helsinki Commission practice of regularly engaging with senior OSCE officials.The Commission typically holds hearing with the foreign minister of the country holding the rotating chairmanship of the OSCE. The Commission has also held hearings with previous ODIHR directors as well as the OSCE Representative on Freedom of the Media.
Thursday, July 01, 2004