-
article
Commissioner and Special Representative Ben Cardin Counters Anti-Semitism and Promotes Diversity
Friday, May 26, 2017When the U.S. funding bill commonly known as the Omnibus passed in May 2017, it included a number of provisions outlining U.S. foreign policy and national security measures. It also included provisions supporting diversity and human rights in foreign affairs in the face of increased violence and discrimination across the 57 North American and European countries that make up the Organization for Security and Cooperation in Europe. “Continuing anti-migrant and refugee sentiments, anti-Muslim backlash following terrorist attacks, and a surge in anti-Semitic and racist incidents in this country and abroad are just some of the reasons I was compelled to act,” said Helsinki Commission Ranking Senator Ben Cardin (MD), who is also the OSCE Parliamentary Assembly’s first Special Representative on Anti-Semitism, Racism, and Intolerance. “These legislative provisions are just a few recent efforts I have advanced to ensure diverse populations in our country and throughout the OSCE region are afforded the same rights, protections, and opportunities as others that are enshrined in the Helsinki Final Act and numerous OSCE tolerance and non-discrimination commitments,” said Senator Cardin, whose U.S. spending bill provisions include: Increased funding to counter global anti-Semitism. U.S. support for the Organization for Security and Cooperation in Europe (OSCE) to advance new initiatives to counter anti-Semitism, racism, and intolerance. Expansion of the Department of State workforce diversity programs. Prior to the passage of the Omnibus, on April 25 Senator Cardin introduced the National Security Diversity and Inclusion Workforce Act (NSDIWA) of 2017, building on legislation he passed in December 2016 to diversify the State Department and USAID labor force. “I have championed these equality and anti-discrimination provisions because America’s diversity is one of our greatest assets as a nation, and our government should reflect that reality,” said Senator Cardin. “When America leads with our values on display, whether we are promoting human rights abroad or helping resolve conflicts to help societies heal and move forward, including our own, it should be done with personnel who reflect the entire tapestry of the United States,” Senator Cardin continued. “Inequities and discrimination are not just a U.S. problem. The hope is that this legislation can also serve as a model for other countries grappling with similar issues from hate crimes to inequality.” Senator Cardin was appointed the OSCE PA's Special Representative on Anti-Semitism, Racism and Intolerance in March 2015. More on his mandate and efforts can be found at http://www.oscepa.org/about-osce-pa/special-representatives/anti-semitism.
-
publication
Helsinki-Related Legislation in the 115th Congress
Thursday, May 18, 2017Between January 1 and May 15, 2017, U.S. Helsinki Commissioners introduced more than a dozen bills and resolutions on issues relating to the Commission’s mandate to monitor and encourage compliance with the Helsinki Final Act and other commitments undertaken by the 57 participating countries of the Organization for Security and Cooperation in Europe (OSCE). Senator Roger Wicker (MS), the Commission’s Chairman, and Senator Ben Cardin (MD), Ranking Senate Commissioner, have been particularly active. Representative Chris Smith (NJ), the Commission’s Co-Chairman, and Representative Alcee Hastings (FL), Ranking House Commissioner, have also introduced several pieces of legislation. Other Commissioners, both House and Senate, have contributed to the effort. The bills and resolutions cover a wide range of issues, from ensuring the Helsinki Principles are defended and promoted in U.S. foreign policy to encouraging improved U.S. implementation of Helsinki commitments at home. Several have been introduced in response to Russia’s threat to its neighbors and European security, while others address broader concerns about developments in Europe and the OSCE Partner countries of the Mediterranean region. Download the full report to learn more. Contributors: Robert Hand, Senior Policy Advisor, Anne Balance, Intern, and Jackson Lines, Intern
-
article
Helsinki Commissioners Urge President to Prioritize Democracy, Human Rights in Foreign Policy
Friday, May 05, 2017On May 3, Helsinki Chairman Senator Roger Wicker (MS), Ranking Commissioner Senator Ben Cardin (MD), and Helsinki Commissioners Senator Cory Gardner (CO), Senator Marco Rubio (FL), and Senator Thom Tillis (NC) signed a letter encouraging President Trump to prioritize democracy and respect for human rights in the Administration’s foreign policy agenda. The letter reads in part: “America has long been a leader in supporting individual rights. It was more than 240 years ago that the Founding Fathers declared that all are created equal and endowed with inalienable rights, including life, liberty, and the pursuit of happiness. These principles have successfully formed the backbone of the American experiment in self- government. The rights the Founders recognized are not by any means solely ‘American,’ but rather are universal. Being fortunate to enjoy these freedoms ourselves, we have the moral imperative to promote democracy and human rights across the globe.” The bipartisan letter was also signed by Senator Todd Young (IN), Senator Edward Markey (MA), Senator Bob Menendez (NJ), Senator Susan Collins (ME), Senator Dick Durbin (IL), Senator Patrick Leahy (VT), Senator Christopher Coons (DE), Senator Lisa Murkowski (AK), Senator Cory Booker (NJ), and Senator Jeff Merkley (OR). The full text of the letter can be found below. Dear Mr. President: As you carry out the responsibilities of the Office of the President, we in the Congress stand ready to work with you to ensure that America remains a leader in advocating for democracy and human rights. We urge your administration to make these issues a priority. As you know, America has long been a leader in supporting individual rights. It was more than 240 years ago that the Founding Fathers declared that all are created equal and endowed with inalienable rights, including life, liberty, and the pursuit of happiness. These principles have successfully formed the backbone of the American experiment in self- government. The rights the Founders recognized are not by any means solely “American,” but rather are universal. Being fortunate to enjoy these freedoms ourselves, we have the moral imperative to promote democracy and human rights across the globe. At a Senate Foreign Relations Committee subcommittee hearing earlier this year titled “Democracy and Human Rights: The Case for U.S. Leadership” human rights activists shared their stories of living under oppressive regimes. They made clear that they believe that the United States has a critical role to play in safeguarding the fundamental rights of all people. A world that is more democratic, respects human rights, and abides by the rule of law strengthens the security, stability, and prosperity of America. History has demonstrated time-and-again that free societies are more likely to be at peace with one another. Constitutional democracies are also less likely to fail and become breeding grounds for instability, terrorism, and migration. Democratic nations that respect good governance and the rights of their own citizens are also more likely to be economically successful, and to be stable and reliable trade and investment partners for the United States. Our economic partnerships with Japan, Germany, Taiwan, the Republic of Korea, and numerous other nations’ today stand as testament to the wisdom of far-sighted U.S. policy that seeks to develop good governance and strong democratic institutions as necessary enablers for strong economic partnerships as well. As we have seen over the past decade, there is a creeping authoritarian resurgence across the globe, against which we are the bulwark for individual rights and freedoms. America, since its founding, has led this fight, not just for the rights of Americans found in the Constitution, but for the rights of all. By elevating democracy and human rights to a prominent place on your foreign policy agenda you can make a measurable difference and make America safer, more prosperous, and more secure. There is longstanding and deep bipartisan Congressional commitment to advancing freedom around the world, just as Republican and Democratic administrations for decades have supported democracy and human rights, and we look forward to working with you on this important cause. We ask that, as you continue to formulate your foreign and defense policies, you put the promotion of democracy and human rights front-and-center as a primary pillar of America’s approach abroad. As we move forward with the process of holding confirmation hearings for your nominees to key foreign policy positions we will be assessing their commitment to uphold these important American values as they carry out our nation’s foreign policy.
-
statement
A Call to OSCE Commitments in Aftermath of Turkish Referendum
Thursday, May 04, 2017Mr. President, I rise today to express my concerns about the outcome of the April 16 constitutional referendum in Turkey, when more than 50 million Turkish citizens voted on constitutional amendments to convert Turkey’s parliamentary government into a presidential system. Turkey is a longstanding friend of the United States and a NATO ally. Our bilateral partnership dates back to the Cold War when Turkey served as an important bulwark against the creeping influence of the Soviet Union. Time has not diminished Turkey’s geostrategic importance. Today, Ankara finds itself at the intersection of several critical challenges: the instability in Syria and Iraq, the threat of ISIS and other extremist groups, and the refugee crisis spawned by this regional upheaval. The United States relies on Turkey and other regional partners to help coordinate and strengthen our collective response. I was deeply troubled when renegade military units attempted to overthrow Turkey’s democratically elected government last July. Turkey’s strength is rooted in the democratic legitimacy of its government – a pillar of stability targeted by the reckless and criminal coup attempt. As Chairman of the Commission on Security and Cooperation in Europe, or U.S. Helsinki Commission, I take very seriously the political commitments made by the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE). These commitments – held by both the United States and Turkey – represent the foundation of security and cooperation in the OSCE region. They include an indispensable focus on human rights, rule of law, and democratic institutions. In the OSCE’s founding document, the Helsinki Final Act, participating States affirm “the universal significance of human rights and fundamental freedoms” and consider respect for these to be an “essential factor” for international peace and security. This vision is consistent with long-established U.S. foreign policy promoting human rights and democracy as cornerstones of a safer, more stable international order. With these principles in mind, the United States must pay urgent attention to the current situation in Turkey and the danger it poses to Turkish and regional stability. Eroding respect for fundamental freedoms, rule of law, and democratic institutions in Turkey has proceeded at an alarming pace. The government’s planned “executive presidency” will further decrease government accountability. Since the attempted coup more than nine months ago, Turkey has operated under a state of emergency that gives the government sweeping authority to curtail rights and silence opponents. Certain extraordinary measures may have been justified in the immediate aftermath to restore order, investigate events, and bring perpetrators to justice, but the government’s actions have stretched far beyond these legitimate aims. The ongoing purge has touched every institution of government, sector of society, corner of the country, and shade of opposition – military or civilian, Turk or Kurd, religious or secular, nationalist or leftist, political or non-political. An atmosphere of fear and uncertainty has settled over Turkish society as more than 100,000 people have been detained or arrested. Tens of thousands have been fired from their jobs, had their professional licenses revoked, and had their names released on public lists without any recognizable due process. The government removed and replaced thousands of judges and prosecutors within hours of the coup’s defeat, compromising the independence of the judiciary at a moment when an impartial justice system had become more important than ever. The government has also closed more than 150 media outlets. Upwards of 80 journalists are behind bars. The offices of the country’s oldest newspaper were raided, and the paper’s editor-in-chief and other staff were arrested. The media environment was already under extraordinary pressure before the coup. Last spring, the government seized control of the country’s highest-circulation paper. Self-censorship is now widely practiced to avoid provoking the government’s ire. Additionally, state of emergency decrees have given regional governors the ability to curtail freedom of assembly rights, harming the ability of civil society organizations to organize rallies concerning the referendum. Since July, the government has detained more than a dozen opposition parliamentarians. Many more continue to face criminal charges for political statements they made before the coup attempt. It is difficult to overstate the chilling effect these measures have had on political debate in Turkey. And yet, these are the circumstances under which Turks voted on April 16. These major constitutional changes passed with a slim majority of 51 percent. The OSCE’s international observation mission stated in its preliminary conclusions that the vote “took place on an unlevel playing field” and that “fundamental freedoms essential to a genuinely democratic process were curtailed.” Under the revised constitution, the once largely ceremonial position of president will convert into an “executive presidency” and the position of prime minister will be abolished. The president will be elected along with the national assembly every five years and has the ability to dissolve the assembly and call new elections at will. The president will also appoint a larger proportion — nearly half — of the country’s supreme judicial council. In a report on these new constitutional provisions, the Venice Commission of the Council of Europe concluded that the amendments are a “step backwards” and pose “dangers of degeneration … towards an authoritarian and personal regime.” Turkey is undergoing a disturbing transformation, and I am concerned these changes could undermine the strength of our partnership. President Erdogan’s government has dramatically repressed dissent, purged opponents from every sector of government and society, and is now poised to consolidate power further under his self-described “executive presidency.” In the short term, the Turkish government should act swiftly and transparently to investigate credible claims of voting irregularities in the referendum as well as the legality of a surprise electoral board decision to admit an unknown number of ballots that should be deemed invalid under existing rules. Public trust in the outcome of such a consequential vote is of utmost importance. Sadly, until now, the government has responded to these challenges with dismissiveness and suppression. In the past week, dozens of activists have been detained for participating in protests against the election results. Furthermore, the government should lift the state of emergency, stop all forms of repression against the free press, release all imprisoned journalists and political activists, and urgently restore public confidence in the judiciary. Only then can it credibly and independently adjudicate the tens of thousands of cases caught up in the government’s months-long dragnet operations. A country where disagreements are suppressed rather than debated is less secure. A country where institutions are subordinated to personalities is less stable. A country where criticism is conflated with sedition is less democratic. Unless President Erdogan moves urgently to reverse these trends, I fear our partnership will inevitably become more transactional and less strategic. It will become more difficult to justify long-term investment in our relationship with Turkey if the future of the country becomes synonymous with the fortunes of one party or one individual. The United States and Turkey need a solid foundation for enduring cooperation to tackle regional instability, terrorism, migration, and other challenges. The future of this partnership is difficult to imagine in the midst of a prolonged state of emergency, wide-scale purges, and weakened democratic institutions.
-
briefing
Turkey Post-Referendum: Institutions and Human Rights
Tuesday, May 02, 2017Human rights abuses by the Turkish government have proliferated under the state-sanctioned emergency measures imposed in the aftermath of the July 2016 failed coup attempt. Turkish authorities have fired as many as 130,000 public workers, including teachers, academics, police officers, and soldiers, and thousands have been arrested. Hundreds of journalists have had their credentials revoked and dozens of media outlets have been shut down. Human rights groups have documented widespread reports of intimidation, ill-treatment and torture of those in police custody. On April 16, 2017, Turkey held a referendum on a package of amendments that transforms the country’s institutions in major ways. The position of prime minister was eliminated and the executive powers of the president were expanded, enabling him to appoint ministers without parliamentary approval, exert more influence over the judiciary, and call early elections. Coming on top of the post-coup crackdown, how will Turkey’s changing institutions affect human rights in the country? Panelists at the briefing discussed how U.S. policymakers can most effectively encourage the protection of human rights to promote the interests of the Turkish people given the strategic importance of the U.S.-Turkey bilateral relationship.
-
article
Political Prisoners in Russia
Tuesday, May 02, 2017Principle VII of the 1975 Helsinki Final Act recognizes the right of individuals to know and act upon their human rights and fundamental freedoms, including freedom of thought, conscience, religion or belief, without distinction as to race, sex, language or religion. The following individuals who were profiled in the Helsinki Commission's April 2017 hearing, "Democracy & Human Rights Abuses in Russia: No End in Sight," illustrate the many cases of political prisoners in Russia today. Dmitry Buchenkov – Buchenkov was charged under Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”) for his participation in the 2012 Bolotnaya Square protests against fraud in the 2011 presidential elections. He was arrested in December 2015 and is currently under house arrest. He is recognized by Memorial as a political prisoner not only because the alleged offense did not take place, but also due to the lack of a fair trial and the disproportionate use of pretrial detention in light of the charge against him. His case illustrates the prosecution of individuals for engaging in nonviolent public protest against the government in general and the Bolotnaya Square cases in particular. Oleg Navalny – Navalny was charged under Article 159 (“swindling on a large scale”), article 159.4 (“swindling on a particularly large scale in the entrepreneurial sphere”), and article 174.1.a (laundering of funds on a large scale acquired by a person through a crime committed by him”). He was sentenced to 3 ½ years in a closed proceeding, Memorial considers him a political prisoner because the alleged offense did not take place and he was not given a fair trial. In reality, Oleg Navalny was targeted because he is the brother of prominent political activist Alexei Navalny. It appears the authorities are unwilling to make a martyr out of Alexei Navalny but seek to exert pressure on him by persecuting his brother. Oleg Navalny’s case illustrates the willingness of the government to target family members as a means of exerting pressure on political activists, which is specifically prohibited under the OSCE 1989 Vienna Concluding Document. Darya Polyudova – Polyudova was charged under article 280 of the Russian criminal code (“public appeals for extremist activity” and “public appeals for actions aimed at a violation of the territorial integrity of the Russian Federation”) in connection with her participation in preparation for a march that did not take place. In reality, she was indicted for criticizing Moscow online for its support of Russia-backed separatists in Ukraine's east. She is recognized as a political prisoner because the offense did not take place, her right to a fair trial was violated, and the government disproportionately used pretrial detention given the nature of the charges. She was sentenced to two years in prison, becoming the first person in Russia convicted under a 2014 law criminalizing calls for separatism on the Internet. Her case illustrates the government’s prosecution of Russian nationals who criticize Russia’s actions and policies in Ukraine. Sergei Udaltsov – Udaltsov was charged under Article 30 of the Russian criminal code (“preparation of actions aimed at organizing mass riots”) and Article 212 (“organization of mass riots”) after participating in the Bolotnaya Square protests. He has been arrested multiple times before for protesting against the government. Memorial recognizes him as a political prisoner on the grounds that he was charged with an offense that did not take place; his right to a fair trial was violated; and the government disproportionately used pretrial detention. He was sentenced to four years and six months in prison. Ivan Nepomniashchikh – Nepomniashchikh was charged with Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”). He is recognized as a political prisoner on the grounds that he is being prosecuted for exercising his right to freedom of assembly; he is being charged with an offense that did not take place; he was not allowed a fair trial; and the government disproportionately used pretrial detention. He is another example of those being prosecuted for participating in the Bolotnaya Square protests against the 2011 fraud in the presidential election. Alexei Pichugin – Pichugin was charged under Article 162 of the Russian criminal code (“robbery”) and Article 105 (“murder”). At a closed trial, Pichugin, the former head of internal economic security for the Yukos Company then headed by Mikhail Khodorkovsky, was sentenced to life imprisonment in a special-regime penal colony. He has been in prison since 2003 and is recognized as a political prisoner on the grounds that his prosecution was conducted without a fair trial. The European Court on Human Rights also has held that Pichugin was denied a fair trial. Oleg Sentsov – Senstov is a Ukrainian filmmaker imprisoned in Russia since 2015, and was the focus of a separate Helsinki Commission briefing. Sentsov was arrested in the Russian-occupied Crimean territory of Ukraine and charged under Article 205.4 of the Russian criminal code (“organization of a terrorist group”), Article 205 (“terrorist act committed by an organized group”), Article 30 in connection with Article 205 (“preparation of a terrorist act”), Article 30 in connection with Article 222 (“attempted illegal acquisition of firearms and explosive devices”), and Article 222 (“illegal acquisition and storage of far arms and explosive devices”). He was accused of planning an attack on a monument to Lenin, a charge he denies. He was sentenced in a Russian military court to 20 years in a strict regime penal colony for terrorism. Other Illustrative Cases Alexander Kolchenko – Kolchenko, a Crimean activist, was charged under article 205 of Russia’s criminal code (art. 205.4 part 2: "Participation in a terrorist organization," and art. 205, paragraph "a," part 2: "A terrorist act conducted by a terrorist group"). He refuted the accusations of terrorism. Mr. Kolchenko was detained in May 2014, in Simferopol, Crimea, shortly after Russia took control over the peninsula. On August 25, 2016, the North Caucasus District Military Court of Russia sentenced Mr. Kolchenko to 10 years of imprisonment in a strict-regime colony. He is serving his sentence in the Chelyabinsk Oblast, in the city of Kopeysk, a facility notorious for its poor treatment of convicts. Mr. Kolchenko is recognized as a political prisoner by Russia’s Memorial watchdog group. Mykola Semena (under a travel ban) – Semena, a Crimean journalist, has been charged under Article 280.1 of Russia’s criminal code, which penalizes "public calls for actions violating the territorial integrity of the Russian Federation." The law was added to the Russian criminal code in December 2013, and came into force in May 2014 - several weeks after Crimea was annexed by Russia. Semena was one of the only independent journalists to remain on the peninsula following Russia’s March 2014 annexation of Crimea. He contributed reporting to RFE/RL’s Ukrainian Service and its Crimea Desk. On April 19, 2016, after Russian police searched Semena’s home and confiscated computers and storage media, the de facto Crimean prosecutor-general ordered Semena to remain on the peninsula while he was investigated for alleged “calls to undermine Russia’s territorial integrity via the mass media.” Semena has been forced to stay in Crimea ever since, despite his requests to travel to Kyiv for urgently needed medical care. Roman Sushchenko (in pre-trial detention) – Sushchenko, a Ukrainian journalist, is charged under article 276 of Russia’s criminal code (espionage). He has worked as a Paris-based correspondent for Ukraine’s state news agency, Ukrinform, since 2010. He was detained at a Moscow airport on September 30, 2016, upon his arrival from Paris on private business. He was accused of collecting classified information on the activities of Russia’s armed forces and the National Guard. Mr. Sushchenko denies any involvement in espionage. His employer, Ukrinform, also considers the accusations false and called his detention a “planned provocation.” Mr. Sushchenko’s attorney is Mark Feygin, who previously represented Pussy Riot and Nadezhda Savchenko. Memorial, a Russian organization established to report on the crimes of Stalinism, documents cases of political prisoners as well as cases of those persecuted for their faith.This information was compiled by Helsinki Commission staff from Memorial, the U.S. Department of State Country Report on Human Rights Practices, and news sources. The U.S. Commission on International Religious Freedom also tracks cases of individuals imprisoned in connection with their faith.
-
briefing
Oleg Sentsov and Russia's Human Rights Violations against Ukrainian Citizens
Thursday, April 27, 2017On April 27, the U.S. Helsinki Commission held a briefing focusing on human rights violations against Ukrainian citizens. In particular, this hearing was used as a platform to raise awareness for Oleg Sentsov, a political prisoner being held in Siberia. Sentsov was honored by PEN America this year with their 2017 Freedom to Write award for his work exposing Russian human rights violations. Panelist included Natalya Kaplan, cousin of Oleg Sentsov and campaigner for his freedom, and journalist in Kiev; Mustafa Nayyem, Member of Ukrainian Parliament and former journalist and early organizer of the 2013 Euromaidan protests; and Halya Coynash, spokesperson for Kharkiv Human Rights Protection Group. The panelists provided much context and background detailing Sentsov and others’ cases. Natalya Kaplan spoke to the audience about the terrible conditions her cousin faces in Siberia, including torture, while Mustafa Nayyem spoke about the need to pressure Russia publically to end these human rights abuses. Halya Coynash reminded the audience of the severity of this case by highlighting that Sentsov was the first Ukrainian to be so brazenly imprisoned after the Russian occupation of Crimea; in her eyes, this was the first time the full force of Russian government had been used to fabricate charges and host a show trial against a Ukrainian. The panelists agreed that the media freedom situation in Russian-occupied territory is dire and only growing worse. Of greatest concern was the length to which Russia is willing to go in their efforts to arrest and prosecute journalists. Russia also sets a dangerous precedent with its recent attempts to foist Russian citizenship onto Ukrainians in Crimea, in efforts to undermine international court rulings and give legitimacy to its actions. When it comes to monitoring the human rights situation in Ukraine, the panelists expressed concerns with the lack of access to political prisoners and the inability to target individual Russians involved in creating the sham trials. The panelists believed that the ability to target individuals involved in these trials would be extremely helpful in de-escalating the situation, and they made many references to the Magnitsky Human Rights Accountability Act. Overwhelmingly, the response to these issues was a desire to work with Congress to strengthen and update the Magnistky Act, as well as broaden civil society and NGO engagment. Mustafa Nayyem expressed hope that NGOs, such as PEN America, would play a more pivotal role in helping prevent future repression. News articles following the briefing expressed hope that there would be work within Congress to better address issues involving Ukrainian political prisoners.
-
press release
Helsinki Commission Calls for Proclamation Recognizing Importance of Helsinki Final Act
Wednesday, April 26, 2017WASHINGTON—Helsinki Commission Chairman Senator Roger Wicker (MS) today introduced a bipartisan Senate resolution urging President Trump to recognize the importance of the Helsinki Final Act – the founding document of today’s Organization for Security and Cooperation in Europe (OSCE) – and its relevance to American national security. The resolution was cosponsored by all other Senators currently serving on the Helsinki Commission: Sen. Ben Cardin (MD), Sen. John Boozman (AR), Sen. Cory Gardner (CO), Sen. Marco Rubio (FL), Sen. Jeanne Shaheen (NH), Sen. Thom Tillis (NC), Sen. Tom Udall (NM), and Sen. Sheldon Whitehouse (RI). “Peace and prosperity in the OSCE region rest on a respect for human rights and the preservation of fundamental freedoms, democratic principles, and economic liberty. Unfortunately, the commitment to these ideals by some OSCE participating States is eroding,” Chairman Wicker said. “The shrinking space for civil society in many nations has become reminiscent of the Communist era – a time when many Helsinki Monitoring Groups were violently persecuted for their courageous support of basic human rights,” he continued. “With its actions in Ukraine and Georgia, the Russian Federation in particular has demonstrated how closely such internal repression can be tied to external aggression. We were reminded of these abuses in this morning’s Helsinki Commission hearing. I urge the President to make it clear that Helsinki principles are vital not only to American national interests but also to the security of the OSCE region as a whole.” “What was remarkable about the Helsinki Final Act was the commitment that these standards we agreed to would not only be of internal interest to the member country, but that any country signatory to the Helsinki Final Act could challenge the actions of any other country,” said Ranking Commissioner Cardin, who is also Ranking Member of the Senate Foreign Relations Committee. “We have not only the right but the responsibility to call out countries that fail to adhere to the basic principles that were agreed to in 1975.” Defining security in a uniquely comprehensive manner, the Helsinki Final Act contains 10 principles guiding inter-state relations, among them respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion, or belief (Principle VII). Other principles include respect for sovereign equality (Principle I), the territorial integrity of states (Principle IV), and states’ fulfilment in good faith of their obligations under international law (Principle X). S.Con.Res.13 encourages President Trump to reaffirm America’s commitment to the principles and implementation of the Helsinki Final Act. The resolution also calls on the President to urge other participating States to respect their OSCE commitments and to condemn the Russian Federation's clear, gross, and uncorrected violations of all 10 core OSCE principles enshrined in the Helsinki Final Act.
-
hearing
Democracy & Human Rights Abuses in Russia: No End in Sight
Wednesday, April 26, 2017The U.S Helsinki Commission held a hearing on Wednesday on “Democracy and Human Rights Abuses in Russia: No End in Sight.” It was the first hearing in the 115th Congress focused on internal human rights repression in Russia. Vladimir Kara-Murza, vice-chairman of pro-reform movement Open Russia; Rachel Denber, Deputy Director of the Europe and Central Asia Division at Human Rights Watch; and Dr. Daniel Calingaert, Executive Vice President of Freedom House, testified about the crisis of Russian democracy and the country’s worsening human rights record under President Vladimir Putin. In his opening statement, Mr. Kara-Murza underscored the necessity for the OSCE participating States to give an honest assessment about what is happening in Russia, where the number of political prisoners now exceeds a hundred people (a number that has doubled in less than a year). Mr. Kara-Murza, a vocal critic of the Kremlin who has survived two poisoning attempts, estimated that more than 30 activists have been murdered by the Putin regime since Vladimir Putin assumed power in 2000. He also called for an end to impunity for human rights violations in Russia. “The U.S. does have a mechanism for such accountability in the Magnitsky Act that provides for targeted sanctions on human rights abusers. This law should continue to be implemented to its full extent,” Mr. Kara-Murza said. His concerns were echoed by Human Rights Watch’s Rachel Denber, who noted that today, “Russia is more repressive that it has ever been in the post-Soviet era.” At Chairman Wicker’s request, Ms. Denber provided detailed information about each of the Russian political prisoners who were featured on posters in the room, and also spoke at length about the repression of gay men in Chechnya. Dr. Daniel Calingaert of Freedom House highlighted the fact that Mr. Putin was the primary author of the modern authoritarian’s playbook, which has subsequently been replicated by many autocratic rulers in the region. “His methods for suppressing civil society and political opposition have inspired other dictators, and his media manipulation has impacted most of Eurasia directly and extended to Europe and the United States,” Dr. Calingaert said. However, despite the grim situation, Mr. Kara-Murza voiced some optimism about the future. “Increasingly, the young generation in Russia – the very generation that grew up under Vladimir Putin – is demanding respect and accountability from those in power,” he said. Mr. Kara-Murza pointed to a wave of anti-corruption demonstrations that took place in dozens of cities across Russia in late March, with tens of thousands of people, mostly young protesters, taking out to the streets to demand the resignation of Prime Minister Dimitriy Medvedev. “This movement will continue. And these growing demands for accountability are the best guarantee that Russia will one day become a country where citizens can exercise the rights and freedoms to which they are entitled,” he added.
-
statement
Death of OSCE Monitor in Eastern Ukraine
Monday, April 24, 2017Mr. President, I was saddened to learn that an American member of the OSCE Special Monitoring Mission to Ukraine was killed this past weekend by a landmine. Joseph Stone was carrying out his dutiesin territory controlled by Russian-backed separatists. Two other members of the team—one from the Czech Republic and another from Germany—were injured. The Organization for Security and Cooperation in Europe controls these monitoring teams. They are comprised of unarmed civilians. The mission has been in the region since 2014, when, unfortunately, Russian-backed troops invaded Crimea. Had Russia lived up to the Minsk agreements and ceased supporting, directing, funding, and fueling separatists in this region, there would have been no need for the mission to continue. Sadly, that is not the case. This particular special monitoring mission currently fields roughly 700 monitors, with 600 of them in Donetsk and Luhansk. Those who are part of this mission are unarmed civilians. They serve as the eyes and ears for the world in the conflict zone. They report on the near-constant violations of the cease-fire, as well as reporting on humanitarian needs of the population. They play an essential role in the understanding of the situation on the ground, often under extremely difficult circumstances and, certainly, as we have seen with Joseph Stone, dangerous circumstances. As a member of the Armed Services Committee, I often hear from our top military leaders about the importance of the OSCE and the work being done by the special monitoring missions. In late March, for example, during a hearing of the Armed Services Committee, General Curtis M. Scaparrotti, commander of the U.S. European Command and Supreme Allied Commander in Europe, called attention to the good work of OSCE in the region and the work of the monitoring missions. He confirmed in his testimony that ‘‘Russia is directing combined Russian-separatist forces to target civilian infrastructure and threaten and intimidate OSCE monitors in order to turn up the pressure on Ukraine.’’ He also said, ‘‘Russian-led separatist forces continue to commit the majority of ceasefire violations despite attempts by the OSCE to broker a lasting ceasefire along the Line of Contact.’’ The tragic death of American Joseph Stone underscores the need for the OSCE monitors to have unfettered access across the front lines and across the border regions controlled by the separatists. This unfortunate tragedy is a result of this access not being granted. I commend the Austrian Foreign Minister, who serves as OSCE chair-in-office, for calling attention to this tragedy and calling for an immediate investigation into these events. Those who are responsible for the death of Joseph Stone and the injury of the two other monitors should be held accountable. Joseph Stone died serving his country by serving as a part of this international effort, and I extend my condolences this evening to his family and friends. I once again call on the Russian leadership to put an end to the cycle of violence and to live up to its OSCE commitments. As chairman of the Helsinki Commission, the U.S. part of the OSCE Parliamentary Assembly, I think it is important for Members of the Senate and for Americans to understand the important role that Americans are playing in this effort.
-
press release
Helsinki Commission To Hold Briefing on Russia’s Human Rights Violations against Ukrainian Citizens
Wednesday, April 19, 2017WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced the following briefing: OLEG SENTSOV AND RUSSIA’S HUMAN RIGHTS VIOLATIONS AGAINST UKRAINIAN CITIZENS Thursday, April 27, 2017 3:00 PM Senate Visitors Center (SVC) Room 210 In May 2014, Ukrainian filmmaker Oleg Sentsov – an outspoken opponent of Russia’s takeover of his native Crimea – disappeared from his hometown of Simferopol only to resurface in Russian custody in Moscow. Convicted on charges of terrorism that the human rights community has condemned as fabricated, Sentsov is now serving a 20-year sentence in a Siberian penal colony. His case not only stands as a marker for Russia’s reach in silencing dissent abroad, but also illuminates broader issues of Russia’s illegal occupation of Crimea and Eastern Ukraine, and human rights violations against Ukrainian citizens. The Helsinki Commission briefing will present three perspectives on this disturbing situation and its broader context: from Sentsov’s cousin and chief champion; from a human rights defender investigating cases in the region; and from a member of the Ukrainian parliament. The following panelists are scheduled to participate: Natalya Kaplan, cousin of Oleg Sentsov and journalist in Kiev Mustafa Nayyem, Member of Ukrainian Parliament; former journalist and early organizer of the 2013 Euromaidan protests Halya Coynash, Spokesperson, Kharkiv Human Rights Protection Group
-
press release
Human Rights Abuses in Russia Focus of Upcoming Helsinki Commission Hearing
Tuesday, April 18, 2017WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced a hearing to examine the grim state of human rights and democracy in the Russian Federation. DEMOCRACY & HUMAN RIGHTS ABUSES IN RUSSIA: NO END IN SIGHT Wednesday, April 26, 2017 9:30 AM Dirksen Senate Office Building Room 124 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce042617 Russia’s overt external aggression against countries such as Ukraine, its support for the Assad regime in Syria, and its efforts to disrupt western democracies are made possible by the internal repression of its own people. For example, Russia has not had a free and fair election since March 2000. Opposition activists are routinely assaulted or even murdered, giving rise to a new term: “Sudden Kremlin Death Syndrome.” Political prisoner numbers now match those of the late Soviet era, and on March 26, tens of thousands of people in cities across 11 time zones protested widespread government corruption, with more than 1,000 arrested. More nationwide protests are expected on June 12, the national holiday of the Russian Federation. The following witnesses are scheduled to testify: Vladimir Kara-Murza, Vice Chairman, Open Russia Rachel Denber, Deputy Director of the Europe and Central Asia Division, Human Rights Watch Daniel Calingaert, Executive Vice President, Freedom House
-
in the news
Wicker: Celebrate First Amendment Religious Freedoms
Tuesday, April 11, 2017The First Amendment to our Constitution is a powerful expression of our right to the “free exercise” of religion. Americans can practice their faith without fear of persecution – a freedom that is not found in all parts of the world. For Christians in the United States, the prevalence of religious persecution worldwide is especially heartbreaking as we approach Easter Sunday. We are reminded of the suicide bomber who targeted Christians on Easter Sunday last year in Pakistan, killing more than 70 and injuring hundreds. Sadly, this violence is not isolated. Pakistan ranks fourth on this year’s World Watch List created by the nonprofit group Open Doors USA. The list names 50 countries that have extreme, very high and high persecution of Christians. North Korea ranked first. I currently serve as chairman of the U.S. Helsinki Commission, an agency comprised of members of Congress and federal officials to promote security and human rights in 57 countries in North America, Europe and Eurasia. The persecution of Christians and religious minorities remains a significant concern for the commission. In Syria, the Islamic State has waged a genocide against Christians, forcing thousands from their homes and destroying religious sites. In Russia, the government’s recent attempt to ban Jehovah’s Witnesses from practicing their faith is yet another affront to religious freedom in a country known for trampling human rights. Russia’s actions refute the international agreement that the U.S. Helsinki Commission seeks to uphold. I have consistently supported legislative measures to protect Americans’ constitutional freedoms, including the exercise of religion. Political agendas should not encroach these rights. During the Obama administration, for example, I championed legislation that would allow military chaplains to refrain from performing marriage ceremonies if it would violate their conscience to do so. The religious expression of our military men and women is deserving of respect. The same respect should be afforded to all Americans by our government agencies. I am encouraged by recent reports that President Trump is considering an executive order that would require federal agencies to protect the freedom of religion in their actions and policies. Earlier this month, I sent a letter with 17 other senators to President Trump expressing our support for this executive action and the need for federal agencies to follow the rule of law. The letter reminds the President of attempts by the Obama administration to infringe on the rights of faith-based charities like the Little Sisters of the Poor. Obamacare forced the group either to pay a fine or offer services that they opposed for deeply held religious reasons. A Supreme Court ruling reaffirmed the religious liberty of the Little Sisters, just as it did for the owners of Hobby Lobby, who also raised religious objections to the health-care law. Our founding documents built a foundation for religious liberty that is admired around the world. It is up to us to ensure that this foundation does not crumble. Roger Wicker is a U.S. Senator from Mississippi. Contact him at 330 W. Jefferson St., Tupelo, MS 38803 or call (662) 844-5010.
-
in the news
Russian Supreme Court Considers Outlawing Jehovah's Witness Worship
Tuesday, April 04, 2017The Russian Supreme Court could declare the Jehovah's Witnesses an extremist organization in a Wednesday hearing, a move that would lead to the seizure of the church's headquarters near St. Petersburg and the outlawing of the group’s organized worship. In advance of the hearing, international concern has grown. “If the Supreme Court rules in favour of the authorities, it will be the first such ruling by a court declaring a registered centralized religious organization to be ‘extremist,’” the UN human rights’ high commissioner's office said in a statement on Tuesday. The ruling would also cap off years of increased restrictions by the Russian Federation against minority religions. Last summer, Russia introduced an anti-terrorism law that also restricted evangelism, and a regional court ordered the deportation of six missionaries with the Church of Jesus Christ of Latter-day Saints. In 2015, a court banned the Church of Scientology’s Moscow branch. Under a Russian law passed in 1997, there is freedom of religion, but four faiths are designated to be traditional—Orthodox Christianity, Islam, Judaism, and Buddhism—and other religious organizations must register with the government. Some groups, like Jehovah’s Witnesses, who are registered, still face bureaucratic and legal hurdles. Jehovah's Witness leaders estimate that there are 175,000 Russian-based adherents to the faith, which was founded in the United States the 1870s. Unlike Catholic, Protestant, and Orthodox Christians, Jehovah’s Witnesses believe that Jesus is the son of God but do not believe in the Trinity. “They would basically be prosecuting Jehovah’s Witnesses as criminals,” David Semonian, international spokesperson for the Jehovah’s Witnesses, says of the pending court declaration. “Anyone who would actually would have our publications could be criminalized. It is of great concern.” Jehovah’s Witnesses have filed a counter claim asking the court to rule the Justice Ministry’s actions as political repression. A ruling in favor of the ministry would make it a crime for Jehovah’s Witnesses to worship in the Russian Federation and dissolve the faith’s legal means to own or rent Kingdom Halls, their places of worship. In 2015, the Russian Federation banned the Jehovah’s Witnesses’ website JW.org, and customs officials stopped shipments of Jehovah’s Witnesses’ Bibles, citing the possibility they were extremist literature. Last year, Russia threatened to close the group’s national headquarters. Roman Lunkin, a human rights fellow at the Wilson Center and an expert on church-state relations in Russia, says that Russian authorities have been targeting minority religions as “extremists” in an effort to demonstrate support for the Russian Orthodox Church and to marginalize organizations with suspected pro-western sympathies. "The treatment of the Jehovah’s Witnesses reflects the Russian government’s tendency to view all independent religious activity as a threat to its control and the country’s political stability," the U.S. Commission on International Religious Freedom said in a statement on Tuesday. “Jehovah’s Witnesses are no threat to either the Russian Orthodox Church or to the Russian Government,” Semonian says. “The constitution guarantees freedom of worship, and that is all we are asking, to have the same rights as other religious groups have so we can go about our ministry in a peaceful way.” Jehovah’s Witnesses are pacifists, and their religious beliefs require them to abstain from political activity. They declare allegiance only to God, not to a state or political entity. They do not vote, lobby, protest, or join military. This lack of participation can be seen as a threat if a state demands nationalist and patriotic activity. “The persecution of the Jehovah’s Witnesses is very much tied to the resurgence of a new view of nationalism, where everything within the state is fine, but anything outside of the state has to be crushed,” Kristina Arriaga de Bucholz, a U.S. commissioner for International Religious Freedom appointed by House Speaker Paul Ryan, says. “A pacifist group that tells its members that their allegiance is to something outside of the government is immediately a group that will be perceived as dangerous to the regime.” Other minority Christian groups in Russia, like evangelicals, have not yet faced the same level of scrutiny. Lunkin says it is impossible to accuse evangelicals of extremist activity because their literature and Bible translation matches that of the Russian Orthodox Church. Jehovah’s Witnesses have their own translation of the Bible, and they also have their own magazine and educational materials. Evangelicals also have closer relationships with government officials, he says. “It’s [about] a protection of traditional religions, and the Orthodox identity of Russian people,” Lunkin says. “But in fact it is about protecting personal power, because the main fear is changing of regimes in Russia.” Jehovah’s Witness church leadership has reached out to the U.S. State department’s Office of International Religious Freedom, the U.S. Commission on International Religious Freedom, and the U.S. Helsinki Commission for aid. “We will do everything within our legal means to have the judgment reversed,” Semonian says. “Jehovah’s Witnesses are known worldwide for our peaceful activities, and under no circumstances would we ever resort to violence or any other activity that could be misunderstood or considered extremist.” Jehovah’s Witness leaders have also asked their eight million members worldwide to write letters to Russia officials, including President Vladimir Putin and Prime Minister Dmitry Medvedev, to ask them to intervene. Instructions tell writers to “be candid but respectful,” and to mention how the faith has benefited their families. “Keep in mind that ‘a mild answer turns away rage,’ and ‘a gentle tongue can break a bone,’” the instructions say, quoting the Biblical book of Proverbs. The decision will come as the U.S. Commission on International Religious Freedom is finalizing its annual report identifying countries of concern, its first such report for the Trump administration. The Commission is a bipartisan government advisory group that makes policy recommendations to the President, Congress, and the Secretary of State. Since 2009, the group has designated Russia as a “Tier 2” nation, on the watch list one step below countries of particular concern. “The fate of the Jehovah’s Witnesses is the fate of any religious group that does not pledge its allegiance to the Russian government,” Arriaga says. “April 5 will definitely mark a new chapter of religious persecution in post-Soviet Russia.”
-
press release
Helsinki Commission Condemns Pending Legal Action against Jehovah’s Witnesses in Russia
Tuesday, March 28, 2017WASHINGTON—Following the Russian government’s request for its Supreme Court to effectively ban Jehovah’s Witnesses in Russia from worshipping, claiming that they are members of an “extremist organization,” Helsinki Commission Chairman Sen. Roger Wicker (MS), Co-Chairman Rep. Chris Smith (NJ-04), and Commissioner Rep. Richard Hudson (NC-08), issued the following statements: “It is wrong to apply flawed counterterrorism laws to those who seek to practice their faith,” said Chairman Wicker. “The Russian government is exploiting genuine threats of violent extremism to undermine what little religious freedom remains in that country. This distracts from real efforts to fight terrorism. I urge the Russian government to drop the case immediately.” “At stake in the upcoming court case is the legality and perhaps the survival of the Jehovah’s Witnesses—and in fact basic religious freedom—throughout the Russian Federation,” said Co-Chairman Smith. “If the Supreme Court of Russia declares this faith group an extremist organization, it is an ominous sign for all believers and it marks a dark, sad day for all Russians.” “As a staunch supporter of religious liberty, I am appalled by the Russian government treating an entire religious group as a threat to national security,” said Commissioner Hudson. “Religious affiliation should never be a justification for persecution.” On March 15, the Russian Ministry of Justice filed a formal court claim to label the Administrative Center of Jehovah’s Witnesses in Russia an extremist group and liquidate their national headquarters and 395 local chapters, known as “local religious organizations.” Should the Russian Supreme Court decide against the Administrative Center, 175,000 Jehovah’s Witnesses in Russia could face criminal prosecution for practicing their faith. According to the Helsinki Final Act signed by all 57 participating states of the Organization for Security and Cooperation in Europe – including Russia – “participating States will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.”
-
press release
Chairman Wicker Questions SACEUR about Russian Activity, OSCE
Thursday, March 23, 2017WASHINGTON – Helsinki Commission Chairman Senator Roger Wicker (MS), a senior member of the Senate Armed Services Committee, today questioned Gen. Curtis M. Scaparrotti, Commander, U.S. European Command / Supreme Allied Commander, Europe, about ongoing Russian activities in the European region. Chairman Wicker discussed the Organization of Security and Cooperation in Europe’s (OSCE) mission monitors on the ground in Ukraine, as well as the organization’s work to provide an accurate depiction of activities and compliance with international treaties. He also asked about Russian “snap” military exercises and whether or not those actions are in line with agreements currently in place. Gen. Scaparrotti stated that there is reason to be concerned about Russian activity trends in the Arctic and North Atlantic regions, as they are more aggressive and are expanding their posture in the area. He went on to recommend that the U.S. reestablish Cold War deterrence practices in the region.
-
press release
Helsinki Commission Leaders to Azerbaijan: Release All Political Prisoners
Monday, March 20, 2017WASHINGTON—On the traditional holiday of Nowruz, Helsinki Commission leaders called on the Azerbaijani government to immediately release all remaining political prisoners and honor its OSCE commitments to human rights, democracy, and the rule of law. “It is disappointing that President Aliyev released only a small number of political prisoners among several hundred pardons he issued prior to Nowruz,” said Helsinki Commission Chairman Sen. Roger Wicker (MS). “OSCE participating States commit to respecting freedom of expression, including the freedom to exchange information and views without interference from public authorities. The Government of Azerbaijan should uphold this commitment by releasing opposition figures, civil rights activists, journalists, and religious leaders who are currently in jail for peacefully exercising their rights. This is particularly true in the case of former presidential candidate Ilgar Mammadov, who recently entered his fifth year in prison on politically-motivated charges.” “President Aliyev’s pardons left dozens of human rights activists, journalists, and political dissidents languishing in prison and subject to mistreatment,” said Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04). “I call on President Aliyev to respect human rights and democracy in his country and immediately release all prisoners of conscience.” In 2016, the Government of Azerbaijan pardoned 148 inmates in the days leading up to Nowruz, including more than a dozen people identified as political prisoners by leading human rights organizations. This year, the Government issued pardons to more than 400 prisoners, but only four political prisoners were freed.
-
article
The Helsinki Commission, Forty Years Ago and Today
Tuesday, February 07, 2017Spencer Oliver saw the foundation of the Helsinki Commission as its first Chief of Staff, from 1976 to 1985. After subsequent service as Chief Counsel at the House Foreign Affairs Committee, he served as the first Secretary General of the OSCE Parliamentary Assembly from October 1992 to December 2015. Spencer Oliver, a personal witness to the diplomacy that brought trans-Atlantic relations from the Cold War era to the present, recently paid a visit to the Helsinki Commission offices he first opened in 1976. After a nine-year tenure as the Commission’s first Chief of Staff, Mr. Oliver remained involved with the Helsinki Process through his subsequent career in the Congress and at the OSCE Parliamentary Assembly. Mr. Oliver gave a short interview on the Commission’s accomplishments over four decades, and prospects for the future. Before the establishment of the Helsinki Commission in 1976, Oliver observed, “human rights were not really a component of U.S. foreign policy. It was the Commission that made a strong effort for President Carter to make human rights a definite element in his foreign policy portfolio.” He recalled a private foreign policy strategy meeting in the fall of 1976 with then-candidate Jimmy Carter’s foreign policy team. Then-Helsinki Commission Chairman Dante B. Fascell, a U.S. Representative from Florida, made a pitch about why human rights should be on Carter’s agenda. Senator Hubert Humphrey, a very close friend and advisor to Carter, slammed his hand on the table and said, “By golly, Dante’s right! Human rights ought to be one of the principal pillars of the Carter foreign policy!” After Carter took office, Chairman Fascell and his staff, including Mr. Oliver, met with the new President’s Secretary of State, Cyrus Vance, to discuss a plan to make human rights a U.S. foreign policy priority. They recommended that: 1) the State Department position of “Coordinator of Humanitarian Affairs” be elevated to a full Bureau for Human Rights and Humanitarian Affairs; 2) Patricia M. Derian, a civil rights activist from Mississippi, become the first Assistant Secretary of State to head that Bureau; 3) the Assistant Secretary also become the State Department’s representative on the Helsinki Commission; and 4) the Helsinki Commission be fully integrated into inter-agency CSCE planning and the U.S. Delegation to the upcoming CSCE Review Meeting in Belgrade. The Secretary agreed and implemented these recommendations, despite resistance within the State Department. “Without Dante Fascell and Patt Derian, human rights probably would not have had the place it eventually did in American foreign policy,” Oliver observed. Oliver mentioned with sadness the passing of Derian in May 2016. Mr. Oliver explained that the Helsinki Commission was also partly responsible for creating the practice of human rights implementation, review, and accountability. At the 1977 Belgrade Review Meeting, the Helsinki Commission participants in the U.S. Delegation articulated specific cases of human rights abuses and violations of the Helsinki Accords committed by the Soviet Union. In response, the Soviet delegation shot back with criticisms of U.S. human rights issues, such as racism and poverty, to which the United States responded by investigating and reporting factually on these concerns. By publishing a human rights compliance report, the United States set a precedent for accountability on the part of all Helsinki Final Act signatory states. “The Helsinki Accords,” Oliver explained, “were not just about how the countries treat one another, but also about how countries treat their own citizens.” Noting that, today, Russia’s human rights conditions are worse than they have been since the collapse of the USSR, Mr. Oliver recalled moments that looked more promising. Accompanying Fascell to Moscow in April 1986, he was among the first American officials to meet with Mikhail Gorbachev after his consolidation of power as leader of the Soviet Union. In a four-hour meeting at the Kremlin on a Saturday morning, Mr. Oliver expected Gorbachev to find recourse to concerns raised by displaying the same defensiveness and counter-criticism as previous Soviet leaders. Instead, Gorbachev was honest about the issues his country was facing, and expressed his intention to enact economic and political reforms to open the Soviet Union up to the rest of the world. Mr. Oliver left that meeting feeling encouraged about the direction of the USSR. This progressive streak in Russian leadership was short-lived, as illustrated by Vladimir Putin’s increasingly authoritarian rule and denial of basic freedoms. Mr. Oliver believes that Putin’s rise to power and current popularity result from the turmoil and economic devastation of the 1990s, compounded with his tight grip on the media. “There’s no country in the world where the dictator controls the media and he isn’t running at 80 percent in the polls,” he said. In terms of U.S. policy towards Russia, Mr. Oliver believes that strengthening and widening those economic sanctions already in place would put the most pressure on the Russian government to change its ways. “When the Russians invaded Crimea, they broke every one of the ten principles of the Helsinki Final Act,” he said. “We should let the Russians know that we don’t intend to back off until they change their ways.” In the meantime, the Commission can continue to play an important role maintaining the gains made in promoting human rights through bilateral as well as multilateral diplomacy.
-
press release
Smith and Eshoo Reintroduce Emergency Bill to Help Genocide Survivors
Tuesday, January 10, 2017WASHINGTON—Following his December 2016 mission to Erbil in the Kurdistan region of Iraq to meet with Christian survivors of ISIS genocide, Rep. Chris Smith (NJ-04), along with his Democratic colleague Rep. Anna Eshoo (CA-18), today reintroduced their bipartisan legislation to provide emergency relief to survivors of genocide and ensure accountability for perpetrators. The Iraq and Syria Genocide Emergency Relief and Accountability Act (H.R. 390) is an enhanced version of the Smith-Eshoo bill (H.R. 5961) they introduced in 114th Congress. “The reintroduction of this bill is timely because just last month I saw in Iraq the lack of humanitarian aid for Christian genocide survivors. These genocide survivors told me the United States and global community had abandoned them. They are at-risk from freezing winter temperatures and require emergency help,” said Smith. “Tens of thousands of Christian genocide survivors in Iraq and Syria need our help now and it is essential that emergency humanitarian aid for the survivors be provided,” said Rep. Eshoo. “I thank Chairman Smith for his passionate leadership on this issue and I look forward to working with him and all my colleagues in Congress to quickly move this aid package and bring relief to those who continue to suffer.” The Syriac Orthodox Archbishop of Mosul, Nicodemus Sharaf, who had to seek refuge in Erbil from ISIS, told Smith, “We are the last people to speak the Aramaic language. Without help, we are finished.” The Chaldean Catholic Archdiocese of Erbil invited Smith to Erbil and has been supporting more than 70,000 Christians who escaped ISIS – almost 1/3 of the 250,000 Christians remaining in Iraq – with food, shelter, and medical care. It also serves Yezidis and Muslims displaced by ISIS. The Archdiocese has had to rely entirely on donations from organizations like the Knights of Columbus and Aid to the Church in Need. “Because the U.S. Government and United Nations have so far failed to support this life-saving work of the Archdiocese of Erbil, these Christian genocide survivors continue to hang on the edge between life and death,” added Smith. Among its key provisions, H.R. 390 directs the U.S. Administration to: Support entities that are effectively serving genocide survivors in-country, including faith-based entities; Support entities that are conducting criminal investigations into perpetrators of genocide, crimes against humanity and war crimes in Iraq and Syria; Create a “Priority Two” (“P-2”) designation that Christians and other genocide survivors from religious and ethnic minority communities are of “special humanitarian concern to the United States” and therefore able to access an overseas application interview for the U.S. Refugee Admissions Program without needing a referral from the UN; Vet P-2 refugee applicants like any other Iraqi or Syrian refugee applicant and not admit them to the U.S. unless they have cleared this vetting; Assess and address the humanitarian vulnerabilities, needs, and triggers that might force survivors to flee their homes; Identify warning signs of deadly violence and other forms of persecution against genocide survivors from vulnerable religious and ethnic minority communities, or against other members of these communities, in Iraq or Syria; Identify gaps in U.S. law so that the American justice system can prosecute foreign perpetrators of genocide, crimes against humanity, or war crimes present in the U.S., as well as any Americans who commit such crimes; Encourage foreign countries to add identifying information about suspected perpetrators of such crimes to their security databases and security screening. The other original 15 cosponsors are Rep. Mark Meadows (R), Rep. Juan Vargas (D), Rep. Pete Sessions (R), Rep. Dan Lipinski (D), Rep. Jeff Fortenberry (R), Rep. Louise Slaughter (D), Rep. Trent Franks (R), Rep. Robert Pittenger (R), Rep. Gus Bilirakis (R), Rep. Randy Hultgren (R), Rep. Randy Weber (R), Rep. David Trott (R), Rep. Sean Duffy (R), Rep. Jody Hice (R), and Rep. Barbara Comstock (R). Background The Smith-Eshoo bill is supported by many groups, including the Knights of Columbus, Family Research Council, In Defense of Christians, 21st Century Wilberforce Initiative, Commission for International Justice and Accountability, HIAS, Aid the Church in Need USA, Open Doors, A Demand for Action, Yezidi Human Rights Organization International, Religious Freedom Institute, Christian Solidarity Worldwide, and Syrian Accountability Project, and Civitas Maxima. It is also supported by all the former US Ambassadors-at Large for War Crimes, David Scheffer (1997-2001), Pierre Prosper (2001-2005), Clint Williamson (2006-2009), and Stephen Rapp (2009-2015), as well as the Founding Chief Prosecutor of the Special Court for Sierra Leone, David Crane; Director of the Center for Religious Freedom Nina Shea; and the author of Defying ISIS, Rev. Johnnie Moore. Since 2013, Rep. Smith has chaired nine congressional hearings on atrocities in Iraq and Syria, including one titled The ISIS Genocide Declaration: What Next? and another titled Atrocities in Iraq and Syria: Relief for Survivors and Accountability for Perpetrators. He authored the bipartisan H. Con. Res 121, which the House passed overwhelmingly and calls for the formation of an ad hoc tribunal for perpetrators of crimes against humanity and war crimes in the Syrian conflict. Smith also authored with Eshoo the bipartisan, historic Frank Wolf International Religious Freedom Act (H.R. 1150), which the President signed into law. Smith and Eshoo also introduced H.R. 5961, the forerunner to H.R. 390. Just before Christmas, Smith traveled to the Erbil area of Kurdistan region of Iraq to meet with Christian genocide survivors and visit a camp for 6,000 displaced Christians, managed and supported by the Archdiocese of Erbil. He also met with Christian leaders; non-governmental organizations; and officials from the U.S., countries like Hungary and Poland that are proactively supporting assistance to Christian genocide survivors, and the United Nations. Christians have lived in Iraq since the 1st century and there were as many as 1.4 million in 2002. Sectarian violence and targeting of Christians reduced their presence to 500,000 by 2013, the year before ISIS started its genocide against them. At the end of 2015, less than 250,000 Christians remained in Iraq.
-
press release
Smith Leads Mission to Genocide Survivors in Iraq
Tuesday, December 20, 2016ERBIL, Iraq—Just days before Christmas, a leading human rights lawmaker, Rep. Chris Smith (NJ-04), went to Iraq to witness first-hand the plight of Christians who escaped ISIS into the Erbil area of the Kurdistan region and the failure of the Obama Administration to help them. After meeting with Christian families and leaders, and officials from the U.S., other OSCE participating States, and the United Nations, Smith said he returns to Washington to lead Congressional efforts to target more humanitarian aid to Christians and other religious minorities who have survived genocide. Smith also visited a camp for 6,000 internally displaced people, managed and supported by the Chaldean Catholic Archdiocese of Erbil. “This Christmas season, the survival of Christians in Iraq, where they have lived for almost 2,000 years, is at stake,” said Smith, who chairs both the Commission on Security and Cooperation in Europe and the House panel on global human rights and international organizations. “Today I met with Christian families who survived the ISIS genocide and have been ignored for two years by the Obama Administration. I hope that President-Elect Trump will act urgently to make sure his Administration helps these Christians with the funds Congress has approved for survivors of ISIS atrocities.” The Syriac Orthodox Archbishop of Mosul, Nicodemus Daoud Sharaf, who had to flee ISIS and seek refuge in Erbil, told Smith, “So often concern for Christians is minimized. I am so happy, because you are the first American who has come to just ask about the Christians. We pray that President Trump will help us. We are the last people to speak the Aramaic language. Without help, we are finished.” “I also saw how the Obama Administration has shortchanged organizations conducting criminal investigations and collecting, preserving, and preparing evidence usable in criminal trials. Perpetrators will dodge punishment unless there is specific evidence linking them to specific atrocity crimes. My Iraq and Syria Genocide Relief and Accountability Act legislation is a blueprint for how to assist Christians and other genocide survivors and hold perpetrators accountable. I will be working tirelessly to get this bill on the new President’s desk when we reconvene in January,” added Smith. Responding to reports that the UN Office on the Prevention of Genocide is considering excluding Christians from its findings of ISIS genocide victims and recommendations for prosecution, Smith said, “Even the Obama Administration determined that ISIS has been committing genocide against Christians. It would be outrageous if the UN ignored the overwhelming evidence and turned its back on these people who have suffered so much.” Background In 2002, there were as many as 1.4 million Christians in Iraq. After years of sectarian conflict, followed by the ISIS genocide that began in 2014, they have dropped to less than 250,000. Most of the Christians who survived ISIS fled to the Erbil area, which now hosts more than 70,000 internally displaced Christians, almost a third of all Christians in Iraq. Iraqis have been eight percent of the refugees and migrants who arrived by sea in the OSCE region in 2016. The Chaldean Catholic Archdiocese of Erbil has provided most of the assistance to these displaced Christians – and has also assisted Yezidis and Muslims – including food, shelter, medical care, trauma care, and preparations for the impending winter. Smith was invited to Erbil by Archbishop Bashar Warda, head of the Archdiocese. During their meeting, Archbishop Warda emphasized that unless the ancient Christian communities of Iraq received significant financial support very soon, they may not survive. At a September hearing of the Commission on Security and Cooperation in Europe, chaired by Smith and titled Atrocities in Iraq and Syria: Relief for Survivors and Accountability for Perpetrators, Steve Rasche, Legal Counsel and Director of IDP Resettlement Programs for the Archdiocese, testified and said, “Since August 2014, other than initial supplies of tents and tarps, the Christian community in Iraq has received nothing in aid from any US aid agencies or the UN.” He added, “There’s a mistaken belief that it doesn’t get cold in Iraq. It snows in Erbil in the wintertime. Even the people that we’ve put in shelters, it gets incredibly cold for them at night, and so there are additional costs for heating oil and blankets. That is a concern for us. Our costs will go up.” Since 2013, Smith has chaired nine congressional hearings on atrocities in Iraq and Syria, including one titled The ISIS Genocide Declaration: What Next? and another titled Fulfilling the Humanitarian Imperative: Assisting Victims of ISIS Violence. He is also the author of the bipartisan Iraq and Syria Genocide Relief and Accountability Act (H.R. 5961), co-sponsored by Rep. Anna Eshoo (CA-18), which includes key provisions directing the U.S. Administration to: Support entities that are effectively serving genocide survivors in-country, including faith-based entities; Assess and address the humanitarian vulnerabilities, needs, and triggers that might force survivors to flee their homes; Identify warning signs of deadly violence against genocide survivors and other vulnerable religious and ethnic communities in Iraq or Syria; Support entities that are conducting criminal investigation into perpetrators of genocide, crimes against humanity and war crimes in Iraq and Syria; Close gaps in U.S. law so that the American justice system can prosecute foreign perpetrators present in the U.S., as well as any Americans who commit such crimes; Encourage foreign countries to add identifying information about suspected perpetrators of such atrocity crimes in their security databases and security screening; Create a “Priority Two” (“P-2”) designation for persecuted religious and ethnic groups in Iraq or Syria. This legislation is supported by many groups including the Knights of Columbus, 21st Century Wilberforce Initiative, In Defense of Christians, Yazidi Human Rights Organization International, Commission for International Justice and Accountability, Center for Religious Freedom at the Hudson Institute, Religious Freedom Institute, Simon Wiesenthal Center, Open Doors, and others. The bill has also been endorsed by all of the former U.S. Ambassadors-at-Large for War Crimes: David Scheffer (1997-2001), Pierre-Richard Prosper (2001-2005), Clint Williamson (2006-2009), and Stephen Rapp (2009-2015). Smith also authored the bipartisan H. Con. Res 121, which the House passed overwhelmingly and calls for the formation of an ad hoc tribunal for perpetrators of crimes against humanity and war crimes in the Syrian conflict. Just last week, the President signed into law the bipartisan, historic Frank Wolf International Religious Freedom Act (H.R. 1150), which Smith authored and Eshoo co-sponsored. This law makes sweeping changes that will help ensure that the U.S. Administration and the State Department have the tools, training, and resources to anticipate, help prevent, and respond to genocide and other persecution against religious communities like Christians in Iraq and elsewhere. Smith continues to encourage leaders in other OSCE countries to provide more humanitarian assistance to Christian genocide survivors and support criminal investigations into and prosecutions of perpetrators.
Title
Title
The United States does not require religious groups to register with the government in order to organize, meet, collect funds, or claim federal tax-exempt status. Such a registration requirement would violate a core freedom guaranteed by the United States Constitution. This overview identifies the underpinnings of this freedom, including a discussion of the United States Constitution's religion and speech clauses. Following this discussion, the issues of association, legal status and tax exemption are addressed.
Foundational to civil liberties inthe United States is the principle that government was created by and exists at the will of the people. Governmental power is a limited power conferred to the government by the people. In the United States, the fundamental rights of the individual are paramount and they may only be abrogated by the government under very limited and defined circumstances.
Freedom of religion is a fundamental, natural, and absolute right, deeply rooted in the American constitutional system. Available to all, citizen and non-citizen, the free exercise of religion includes the tight to believe and profess whatever religious belief one desires. Government officials may not compel any person to affirm a religious belief or punish the expression of religious doctrine deemed by officials to be false. The individual's freedom of conscience embraces the right to select any religious faith or none at all. This fundamental right was established by the First Amendment to the United States Constitution, the first of the original Bill of Rights.
Specifically, the First Amendment to the Constitution of the United States forbids the government to make any law respecting an establishment of religion or prohibiting the free exercise of religion. While originally an inhibition to action by the United States Congress only, the First Amendment has been made applicable to the individual state governments, as well, through the passage of the Fourteenth Amendment to the Constitution.The First Amendment guarantees that the government may not coerce anyone to support or participate in religion, or otherwise act in a way which establishes a state religion.
This constitutional constraint on the government's ability to enact legislation regarding religion has two primary aspects. First, the government is prevented fromenacting a law that requires citizens to accept a particular religious belief. Second, this constitutional provision safeguards the free exercise of each person.'s chosen for of religion. These two interrelated concepts are known, respectively, as the "establishment" and "free exercise" clauses.
A Russian translation of the text is available here.