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Political Participation and Ethnic Division in Bosnia and Herzegovina
Wednesday, September 13, 2017

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

While denial of equal opportunities for all citizens to participate in the political life of their country is a concern in many OSCE countries, the ethnic restrictions in the constitution of Bosnia and Herzegovina which deny Bosnian citizens the right to run for certain political offices is perhaps the most blatant example of this problem among the OSCE participating States.

Download the full report to learn more.

Contributor: Robert Hand, Senior Policy Advisor

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  • 2050: Implications of Demographic Trends in the OSCE Region

    The hearing focused on the implications of current demographic trends in the expansive OSCE region through the prism of the security, economic and human dimensions.  Most of the OSCE’s 56 participating states are experiencing varying stages of demographic decline, marked by diminishing and rapidly aging populations. Such patterns were identifying as likely to have significant social, economic and security consequences for countries throughout the region, including the United States. Witnesses testifying at this hearing – including Jack A. Goldstone, Director of the Center for Global Policy at George Mason University; Nicholas Eberstadt, Henry Wendt Scholar in Political Economy of the American Enterprise Institute; Richard Jackson, Director and Senior Fellow of the Global Aging Initiative at the Center for Strategic and International Studies; and Steven W. Mosher, President of the Population Research Institute – addressed issues related to the demographic trends in the OSCE region, such as shrinking workforces in a growing number of participating States that are expected to become increasingly dependent upon foreign workers in the coming decades. A concern that these factors could contribute to mounting social tensions as demonstrated by clashes in some participating States in recent years was evident.

  • Senator Cardin’s Response to Rep. King’s U.S. Anti-Muslim Hearings

    Mr. President, I rise today to share my thoughts on the hearings held last week in the House of Representatives called "The Extent of Radicalization in the American Muslim Community and that Community's Response." Congressional hearings are supposed to serve as an important role of oversight, investigation, or education, among other purposes. However, this particular hearing--billed as the first of a series--served only to fan flames of fear and division.  My first concern is the title of the hearing--targeting one community. That is wrong. Each of us has a responsibility to speak out when communities are unfairly targeted.  In 1975, the United States joined all the countries of Europe and established the Conference on Security and Cooperation in Europe, now known as the OSCE. The Congress created the U.S. Helsinki Commission to monitor U.S. participation and compliance with these commitments. The OSCE contains commitments in three areas or baskets: security, economics, and human rights. Best known for its human rights advancements, the OSCE has been aggressive in advancing these commitments in each of the OSCE states. The OSCE stands for religious freedom and protection of minority rights.  I am the Senate chair of the U.S. Helsinki Commission. In that capacity, I have raised human rights issues in other countries, such as in France when, in the name of national security, the Parliament banned burqas and wearing of all religious articles or when the Swiss restricted the building of mosques or minarets.  These policies were restrictive not only to the religious practice of Muslims but also Christians, Jews, and others who would seek to wear religious symbols and practice their religion as they saw fit.  I have also raised human rights issues in the United States when we were out of compliance with our Helsinki commitments. In that spirit, I find it necessary to speak out against the congressional hearing chaired by Congressman Peter King.  Rather than constructively using the power of Congress to explore how we as a nation can use all of the tools at our disposal to prevent future terrorist attacks and defeat those individuals and groups who want to do us harm, this spectacle crossed the line and chipped away at the religious freedoms and civil liberties we hold so dearly.  Radicalization may be the appropriate subject of a congressional hearing but not when it is limited to one religion. When that is done, it sends the wrong message to the public and casts a religion with unfounded suspicions.  Congressman King's hearing is part of a disturbing trend to demonize Muslims taking place in our country and abroad. Instead, we need to engage the Muslim community in the United States.  A cookie-cutter approach to profile what a terrorist looks like will not work. As FBI Director Mueller recently testified to the Senate:  “... During the past year, the threat from radicalization has evolved. A number of disruptions occurred involving extremists from a diverse set of backgrounds, geographic locations, life experiences, and motivating factors that propelled them along their separate radicalization pathways.”  Let us remember that a number of terrorist attacks have been prevented or disrupted due to informants from the Muslim community who contacted law enforcement officials.  I commend Attorney General Holder and FBI Director Mueller for increasing their outreach to the Arab-American community. As Attorney General Holder said:  “Let us not forget it was a Muslim-American who first alerted the New York police to a smoking car in Times Square. And his vigilance likely helped to save lives. He did his part to avert tragedy, just as millions of other Arab-Americans are doing their parts and proudly fulfilling the responsibility of citizenship.” We need to encourage this type of cooperation between our government and law enforcement agencies in the Muslim community.  As the threat from al-Qaida changes and evolves over time, the piece of the puzzle is even more important to get right. FBI Director Mueller testified before the House recently that:  At every opportunity I have, I reaffirm the fact that 99.9 percent of Muslim-Americans, Sikh-Americans, and Arab-Americans are every bit as patriotic as anyone else in this room, and that many of the anti-terrorism cases are a result of the cooperation from the Muslim community and the United States.  As leaders in Congress, we must live up to our Nation's highest ideals and protect civil liberties, even in wartime when they are most challenged. The 9/11 Commission summed up this well when they wrote:  The terrorists have used our open society against us. In wartime, government calls for greater powers, and then the need for those powers recedes after the war ends. This struggle will go on. Therefore, while protecting our homeland, Americans must be mindful of threats to vital personal and civil liberties. This balancing is no easy task, but we must constantly strive to keep it right.  I agree with Attorney General Holder's recent speech to the Arab-American Anti-Discrimination Committee, where he stated:  “In this Nation, our many faiths, origins, and appearances must bind us together, not break us apart. In this Nation, the document that sets forth the supreme law of the land--the Constitution--is meant to empower, not exclude. And in this Nation, security and liberty are--at their best--partners, not enemies, in ensuring safety and opportunity for all.” Actions, such as the hearing held last week, that pit us against one another based on our religious beliefs, weaken our country and its freedoms and ultimately do nothing to make our country any safer. Hearings such as the one held last week only serve as a distraction from our real goals and provide fuel for those who are looking for excuses to find fault or blame in our way of life.  Let's not go the way of other countries but instead hold dear the protections in our Constitution that safeguard the individual's right to freely practice their religion and forbid a religious test to hold public office in the United States. Our country's strength lies in its diversity and our ability to have strongly held beliefs and differences of opinion, while being able to speak freely and not fear the government will imprison us for criticizing the government or holding a religious belief that is not shared by the majority of Americans.  On September 11, 2001, our country was attacked by terrorists in a way we thought impossible. Thousands of innocent men, women, and children of all races, religions, and backgrounds were murdered. As the 10-year anniversary of these attacks draws closer, we continue to hold these innocent victims in our thoughts and prayers, and we will continue to fight terrorism and bring terrorists to justice.  After that attack, I went back to my congressional district in Maryland at that time and made three visits as a Congressman. First I visited a synagogue and prayed with the community. Then I visited a mosque and prayed with the community. Then I went to a church and prayed with the community. My message was clear on that day: We all needed to join together as a nation to condemn the terrorist attacks and to take all necessary measures to eliminate safe havens for terrorists and bring them to justice. We all stood together on that day regardless of our background or personal beliefs.  But my other message was equally important: We cannot allow the events of September 11 to demonize a particular community, religion, or creed. Such actions of McCarthyism harken back to darker days in our history. National security concerns were used inappropriately and led to 120,000 Japanese-Americans being stripped of their property and rights and placed in internment camps in 1942, though not a single act of espionage was ever established.  The United States should not carry out a crusade against any particular religion as a response to 9/11 or other terrorist attacks. The United States will not tolerate hate crimes against any group, regardless of their religion or ethnicity, and we should not allow our institutions, including Congress, to be used to foment intolerance and injustice. Let's come together as a nation and move forward in a more constructive and hopeful manner.

  • The Western Balkans: Developments in 2010 and Hopes for the Future

    This hearing focused on the Western Balkans: Albania, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro and Serbia. The witnesses commended the enormous progress that the region has made in the 15 years since the Dayton Agreement ended the Bosnian conflict and in the decade since Milosevic was ousted in Belgrade. The hearing discussed E.U. visa liberalization and U.S. democracy-building assistance programs to support further progress in the region. The Commissioners proposed that the U.S. government prioritize continuing the democratization effort in the Balkans.

  • Legal Hooliganism – Is the Yukos Show Trial Finally Over?

    In this briefing, which Commissioner Alcee L. Hastings presided over, the focus was the second Yukos trial of Mikhail Khodorkovsky. More specifically, the purpose of “Legal Hooliganism – Is the Yukos Show Trial Finally Over?” was to not only expose the injustice in the Khodorkovsky case, but also in the entire Russian judicial system. The trial against Khodorkovsky and oil company Yukos commenced in 2003. Many viewed such an effort as a politically motivated attack by the Kremlin. Eventually, before the time of the briefing, the case against Khodorkovsky had become a complete show trial in which the accusations against the defendant had become so absurd. The outcome and proceeding of this case, then, had implications not only for the fairness of the trial of Khodorkhovsky, but also for concerns for Russia as a society based on the rule of law.

  • Iraqis Face Threat

    The United States has a "moral obligation" to resettle tens of thousands of Iraqis who helped U.S. troops and civilian groups and who now face death threats from al Qaeda terrorists, members of Congress told Secretary of State Hillary Rodham Clinton and Defense Secretary Robert M. Gates. In letters to the two Cabinet members, the seven senators and 15 House members complained that the Obama administration is moving too slowly to grant visas to the doomed Iraqis and blamed bureaucrats for narrowly applying a law designed to relocate the Iraqis to the United States. They also warned Mrs. Clinton and Mr. Gates that time is running out, as the deadline for the end of U.S. combat operations looms at the end of August. The United States plans to draw down its 64,000 soldiers in Iraq to 50,000 and switch to a training and advisory role with the Iraqi army until a complete U.S. troop withdrawal by Dec. 31, 2011. "Resettlement to the United States could be the only safe option for thousands of our Iraqi employees," said Sen. Benjamin L. Cardin, Maryland Democrat and chairman of the congressional Commission on Security and Cooperation in Europe, who organized the letters with Co-chairman Rep. Alcee L. Hastings, Florida Democrat. "The United States has a moral obligation to stand by those Iraqis who have risked their lives and the lives of their families to stand by us in Iraq for the past seven years, and doing so is also in our strategic self interest," the letters said. "Providing support for our Iraqi allies will advance U.S. national security interests around the world, particularly in Afghanistan, by sending a message that foreign nationals who support our work abroad can expect some measure of protection." Al Qaeda and other terrorists have threatened to kill the Iraqis who aided the United States, denouncing them as traitors and collaborators. The members of Congress called for swifter processing of the 15,000 visas authorized under the Special Immigrant Visa Program, which has approved visas for only 2,145 Iraqis. They complained that U.S. consular officers are misinterpreting the program by considering only Iraqis who worked directly for the U.S. Embassy or for U.S. contractors and subcontractors and denying visas to Iraqis who worked for U.S.-funded nongovernmental organizations. Besides Mr. Cardin and Mr. Hastings, the signatories of the letter included Sen. Richard J. Durbin, Illinois Democrat and assistant majority leader; Sen. Richard G. Lugar, Indiana Republican and the ranking member of the Senate Foreign Relations Committee; and Rep. Howard L. Berman, California Democrat and chairman of the House Foreign Affairs Committee. AFRICAN STAR The story of Africa is too often written in blood by tyrants who oppress their people while enriching themselves. However, one nation in southern Africa has been the exception for decades. Botswana is a peaceful, democratic nation, prosperous by African standards. One of Botswana's best leaders is coming to Washington to serve as a public policy scholar at the Woodrow Wilson International Center for Scholars. Festus Mogae, president from 1998 to 2008, will study the way governments deal with AIDS, the deadly virus that ravaged the continent. "I look forward to interacting with knowledgeable people informed on issues in HIV/AIDS in Africa in the Wilson Center and around Washington," Mr. Mogae said last week after the Wilson Center announced his appointment. Mr. Mogae has been widely recognized for his efforts to combat AIDS and promote democracy. "We are delighted to welcome one of the world's most progressive leaders on the HIV/AIDS pandemic," said Steve McDonald, director of the Wilson Center's Africa program.

  • Fostering Effective Ethnic Minority Political Participation in the OSCE Region

    By Alex T. Johnson and Mischa Thompson, PhD, Policy Advisors As part of an ongoing initiative to foster ethnic minority political participation in the OSCE region, Congressman Alcee L. Hastings (D-FL), Co-Chairman of the United States Helsinki Commission attended the United Nations (UN) Second Session of the Forum on Minority Issues. The Session focused on Minorities and Effective Political Participation, took place on November 12 and 13, 2009 at the Palais des Nations in Geneva, Switzerland. The purpose of the Forum was to “identify and analyze best practices, challenges, opportunities and initiatives for the further implementation of the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.” The Forum consisted of a Preparatory Meeting for NGOs, Workshop for Minority Political Actors, the Forum, and two Side events organized by the Minority Rights Group and United Nations Office of the High Commissioner for Human Rights. Recommendations based on the proceedings were produced at the close of the forum. The U.S. delegation to the Forum was led by Congresswoman Barbara Lee (D-CA), Chairman of the Congressional Black Caucus. In addition to Co-Chairman Hastings, other members of the U.S. delegation included, Congressman Mike Honda (D-CA) - Chair of the Congressional Asian Pacific American Caucus, and Delegate Donna Christensen (D-VI). The Forum was Chaired by Congresswoman Lee and convened by United Nations Independent Expert on Minority Issues, Gay McDougall. More than five hundred persons participated in the Forum, including more than eighty elected officials and other political actors, forty-five delegates and ninety-five non-government organizations from all over the world. The U.S. Delegation attended the Workshop for Minority Political Actors, which took place prior to the Forum and allowed elected officials and other political figures to discuss their own priorities and strategies for increasing minority political participation. Participants discussed barriers and possible remedies and efforts governments, parliaments, political parties, national human rights institutions, civil society, treaty bodies, United Nations institutions, the media, and other stakeholders could engage in to foster minority political participation. The U.S. delegation focused on the need to educate minority populations on their civil and political rights, including voting, running for office, and advocacy. Additionally, to address the lack of representation of minorities in government, the delegation called for initiatives that would increase employment opportunities for minorities in the political sphere. Specifically, these recommendations included introducing civic education programs led by minorities and developing minority youth professional development programs at government agencies, in parliaments, and in international bodies. Congressman Honda highlighted the importance of including minorities in the development, management, and implementation of government initiatives targeting minorities. “One should see minorities in professional positions upon immediately entering national human rights agencies, especially when the agency has a stated goal of combating racism and discrimination,” he argued. (This and other suggestions from the U.S. Delegation were included in the final Recommendations of the Forum.) As Chairperson, Congresswoman Lee opened the official Forum. In her remarks, she noted that empowering minorities politically is critical to achieving a truly democratic, free and global community. While she cited the election of President Barack Obama as an example of gains made toward fair election processes, she stated that minorities are still underrepresented in the U.S. Congress. For instance, there is currently only one African-American serving in the U.S. Senate.) Additionally, she stated that a continued focus of the Congressional Black Caucus and other minority caucuses was to address disparities between minority and majority populations in all aspects of society including the political arena. Following her remarks, government delegates and members of civil society ranging from Iranian dissidents to South Asian Dalit activists gave remarks. While many of the governments offered descriptions of their various initiatives to foster minority political participation, some governments provided assessments and prescriptions for improvement, including the U.S. government. Of particular relevance to minority political participation in the European context were the comments of OSCE High Commissioner on National Minorities Knut Vollebaek. The Office of the High Commissioner on National Minorities is a unique institution of the OSCE in that it is situated in a politico-security dimension of the organization and facilitates confidential direct assessments on the status of minorities in the 56 participating States of the OSCE. High Commissioner Vollebaek highlighted how the underrepresentation of minorities in public services exacerbates the challenge of involving minorities in civic life. More specifically, he noted that exclusion and its causes threaten the stability of societies if left unaddressed. Other presentations throughout the forum corroborated the importance of this message. Speaking on the panel “Concrete Steps to Advance Minority Political Participation and to Build Capacity of Minorities to Participate Effectively,” Co-Chairman Hastings highlighted his work with minority European Parliamentarians in convening the 2009 Black European Summit.  He noted findings from the Summit, including that “the majority of our political and legal systems do not accurately reflect the racial and ethnic diversity of our societies.” He called for this problem to be addressed via “simple solutions governments, political parties, and non-governmental organizations can employ such as advertising employment opportunities in minority communities, requiring that at least a percentage of persons interviewed for a position are minorities, and providing fellowships and internships for minority youth in Parliament, government agencies, and other organizations.” Minority Roundtable On the margins of the UN Minority Issues Forum, Co-Chairman Hastings convened a roundtable of participants of the April 2009 Black European Summit and other interested parties. The roundtable provided an opportunity to follow up on the Brussels Declaration adopted at the close of the Black European Summit (see Appendix 1), and discuss future initiatives for continuing the transatlantic dialogue. The discussion also informed individuals unable to participate in the Black European Summit about the scope of activities and potential for future collaboration. Participants identified destinations for study tours to view the situation of minorities and existing initiatives to increase minority political participation in the OSCE region. The United Kingdom, Netherlands, France, and Germany were specifically named given that the populations of visible minorities in these countries remains high and that they each offer unique narratives for analyzing methods to overcome barriers to minority political participation. Participants reaffirmed the need for annual meetings to sustain linkages between minority political actors and agreed to identify additional minority leaders to expand the transatlantic dialogue and plan future initiatives. Conclusion The “Recommendations of the second session of the Forum on Minority Issues on minorities and effective political participation” were compiled at the close of the Forum and should serve as a useful guide for governments to foster minority political inclusion. Moreover, in the OSCE region, sustaining a transatlantic dialogue with minority political actors focused on minority political inclusion is not only key to implementation of the recommendations, but also realizing the commitments to democratic societies enshrined in both the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and the Helsinki Final Act. Appendix 1 Brussels Declaration We, as members of the public, private, and voluntary sectors from Europe and the United States of America convening in Brussels, Belgium from the 15 to 16 of April 2009 for the Black European Summit: Transatlantic Dialogue on Political Inclusion, draw attention to the need for coordinated strategies to address racism and discrimination; We recognize the democratic, multi-ethnic and multi-racial nature of our countries’ diverse societies; We reaffirm the principles of equal rights and self-determination of peoples and recalling that all individuals are born equal in dignity and rights; We remain concerned that the political and legal systems in some of our societies do not reflect the racial and ethnic diversity within our societies, which then contributes to the continuation of racism and discrimination; We recognize that the full access of racial and ethnic minorities to participate in the political sphere and relevant areas of decision making at the levels of national, regional, and locally elected government appropriate to each nation is critical to combating racism and inequality and ensuring our democratic societies; We therefore note the need for concrete strategies to: increase the representation and influence of racial and ethnic minority policymakers; jointly seek solutions to racial and ethnic minorities increased participation in decision-making in the development and implementation of policy initiatives to address discrimination and inequality; and support opportunities to exchange and share perspectives in these areas through the continuance of a transatlantic dialogue to realize these goals. We today resolve that we will endeavor to enact initiatives to eradicate racial and ethnic discrimination through: Continuing a transatlantic dialogue that: includes cultural exchanges between American and European racial and ethnic minority groups, including youth; focuses on the development of opportunities for racial and ethnic minority political leadership and participation in the policymaking process; and fosters the exchange of information on best practices to implement and enforce antidiscrimination measures and achieve racial equality; Joining forces over the coming months to develop common goals and objectives in each of our decision-making bodies to recognize Europe’s Black and racial and ethnic minority populations for their historical and present-day contributions and acknowledge past injustices; Promoting racial and ethnic minority participation at all levels of national, regional, and local government through the education of civil and political rights, including the legislative process and advocacy of legislative issues relevant to racial and ethnic minority communities, development of targeted professional development and hiring strategies, and increased youth and community outreach; Reaffirming our continued cooperation and commitment to work with our governments, international institutions, civil society, private sector, and other partners to improve institutions so that they are fully participatory and reflect the democratic principles of equality, justice, and celebration of the strengths of our countries’ diversity. In 2008, Congressman Hastings Chaired two U.S. Helsinki Commission hearings entitled: “The State of (In)visible Black Europe: Race, Rights, and Politics” and “Racism in the 21st Century: Understanding Global Challenges and Implementing Solutions.” At the hearings, the lack of minority representation in European policymaking, especially at national levels, was identified as a major obstacle to combating racism and discrimination by European witnesses. This prompted a call for a transatlantic dialogue on minority political participation that included best practices from the United States’ Civil Rights Movement. The resulting events have been the 2009 Black European Summit and 2010 Transatlantic Dialogue on Minority Political Leadership.

  • Copenhagen Anniversary Conference

    By Orest Deychakiwsky, Policy Advisor Representatives from a majority of the 56 OSCE participating States and several dozen non-governmental organizations (NGOs) gathered in Copenhagen on June 10-11 to mark the 20th anniversary of the adoption of the 1990 Copenhagen Document and to assess implementation of key provisions of that landmark document. The anniversary conference, titled “20 years of the OSCE Copenhagen Document: Status and Future Perspectives,” was co-organized by the Kazakhstani OSCE Chairmanship and Denmark, and held at the Eigtveds Pakhus, Danish Ministry of Foreign Affairs. Michael Haltzel led the U.S. delegation, which was joined by U.S. Ambassador to the OSCE, Ian Kelly and representatives from the OSCE Mission in Vienna, the State Department and the Helsinki Commission. Five substantive working sessions, reflecting some of the major themes of the groundbreaking Copenhagen Document, were held: Democratic processes – elections and human rights; Rule of Law; National Minorities; Freedom of Movement; and Measures to improve implementation of the human dimension commitments. Many speakers highlighted the historic importance of the Copenhagen Document, which offered a blueprint for pluralistic democratic development, rooted in the rule of law and protection of human rights, throughout the OSCE region – a revolutionary document at the time and one that remains highly relevant two decades later. The June 1990 Copenhagen Meeting came at a unique time in history when dramatic changes were taking place; the fall of the Berlin Wall and subsequent collapse of one-party regimes in Eastern Europe had taken place only months earlier. And the following year – 1991 -- witnessed the emergence of 15 independent states with the dissolution of the Soviet Union. Truly, those were dynamic days during which sweeping new commitments -- which would have been impossible to garner consensus for years or even months prior -- received universal support. Indeed, it is questionable as to whether consensus to the Copenhagen agreement would be found today, given the democratic and human rights backsliding that has occurred in a number of participating States. The Copenhagen Document underlines the centrality of political pluralism, civil society and human rights as fundamental elements of functioning democracies. As Ambassador Max Kampelman, the head of the U.S. delegation to the 1990 conference summed it up, “In effect, the Copenhagen document represents the first formal proclamation, by the States themselves, of a Europe both whole and free.” It identified the protection of human rights and fundamental freedoms as one of the basic purposes of government and acknowledged that democracy is an inherent element of the rule of law. Among the achievements of the Copenhagen Document were the far-reaching commitments on democratic elections which laid the groundwork for the OSCE’s future activities with respect to election observation. Copenhagen also represented a significant step forward with respect to the protection of minorities, and for the first time there was a direct reference to Roma and to anti-Semitism. While participants at the anniversary meeting underscored the significant progress over the last 20 years, many also called for fuller compliance with the Copenhagen commitments, noting, for instance, backsliding in holding democratic elections in some participating States; suppression of civil society, including independent media, NGOs and human rights defenders; the deficit of impartial and independent justice; and the lack of separation of powers – especially the concentration of power in the executive. The last session of the conference discussed measures to improve implementation of human dimension commitments, including the prevention of human rights violations through the use of reporting before the violations occur; enhancement of standards and commitments; strengthened monitoring mechanisms, including a U.S. proposal to dispatch special representatives to investigate reports of egregious human rights violations and make corrective recommendations before the violations become entrenched; and improved cooperation with, and involvement of, civil society actors in advancing democracy, human rights and the rule of law. Ultimately, however, compliance with existing standards enshrined in the Copenhagen Document, the Helsinki Final Act and all other OSCE commitments remains the primary responsibility of the participating State.

  • In the Eye of the Storm: Chechnya and the Mounting Violence in the North Caucasus

    A year after the leading Russian human rights defender, Natalya Estemirova, was abducted near her apartment building in the Chechen capital Grozny, transported to the neighboring republic of Ingushetia and brutally killed, human rights abuses and a continuing climate of fear prevailed in Chechnya and elsewhere in the North Caucasus region of the Russian Federation.  Ronald McNamara, International Policy Director at the Commission, led a discussion on the marked increase in extrajudicial killings and politically motivated disappearances in Chechnya as well as in neighboring Ingushetia and Dagestan.  Witnesses – Elena Milashina, Raisa Turlueva, and Igor Kalyapin – discussed how strongman Ramzan Kadyrov, the Republic’s Kremlin-backed president, publicly labeled independent journalists and rights activists as “traitors and enemies of the state” and how he reportedly praised the perpetrators of recent paintball gun attacks on the streets of Grozny targeting women for not wearing headscarves.  They emphasized the difficulty of resolving the problem because of Moscow’s backing of Ramzan and of a political model in which “bandits” serve as a prop for the federal powers that be.

  • OSCE Parliamentary Assembly Session in Oslo

    Mr. CARDIN. Mr. President, I want to report on the activities of a bicameral, bipartisan congressional delegation I had the privilege to lead last week as chairman of the Helsinki Commission. The purpose of the trip was to represent the United States at the 19th Annual Session of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe, otherwise known as the OSCE PA. The annual session this year was held in Oslo, Norway, and the U.S. delegation participated fully in the assembly's standing committee, the plenary sessions, the three general committees and numerous side events that included discussion of integration in multiethnic societies and addressing gender imbalances in society.  Although some last-minute developments at home compelled him to remain behind, our colleague from the other Chamber, Mr. Alcee Hastings of Florida, was present in spirit as the deputy head of the delegation. Mr. Hastings, who co-chairs the Helsinki Commission, was very active in the preparations for the trip, and his legacy of leadership in the OSCE PA--for over a decade--is tangible in the respect and goodwill afforded the United States during the proceedings.  Our assistant majority leader, Mr. Durbin of Illinois, joined me on the trip, as he did last year. Our colleague from New Mexico who serves as a fellow Helsinki Commissioner, Mr. Udall, also participated. Helsinki Commissioners from the other Chamber who were on the delegation include Mr. Christopher Smith of New Jersey, serving as the ranking member of the delegation, as well as Mrs. Louise McIntosh Slaughter of New York, and Mr. Robert Aderholt of Alabama. Although not a member of the Helsinki Commission, Mr. Lloyd Doggett of Texas has a longstanding interest in OSCE-related issues and also participated on the delegation.  As many of you know, the OSCE Parliamentary Assembly was created within the framework of the OSCE as an independent, consultative body consisting of over 300 Parliamentarians from virtually every country in Europe, including the Caucasus, as well as from Central Asia, and the United States, and Canada. The annual sessions are held in late June/early July as the chief venue for debating issues of the day and issuing a declaration addressing human rights, democratic development and the rule of law; economic cooperation and environmental protection; and confidence building and security among the participating states and globally.  This active congressional participation helps ensure that matters of interest to the United States are raised and discussed. Robust U.S. engagement has been the hallmark of the Parliamentary Assembly since its inception nearly 20 years ago.  The theme for this year's annual session was ``Rule of Law: Combating Transnational Crime and Corruption.'' In addition to resolutions for each of the three general committees, delegations introduced a total of 35 additional resolutions for consideration, a record number, including 4 by the United States dealing with:  Nuclear security , which followed up directly on the Nuclear Summit here in Washington in April;  The protection of investigative journalists, a critical human rights issue as those who seek to expose corruption are targeted for harassment or worse;  Mediterranean cooperation, building on the OSCE partnerships to engage important countries in North Africa and the Middle East; and  Combating the demand for human trafficking and electronic forms of exploitation, a longstanding Helsinki Commission issue requiring persistence and targeted action.  U.S. drafts on these relevant, important topics received widespread support and were adopted with few if any amendments.  Beyond these resolutions, the United States delegation also undertook initiatives in the form of packages of amendments to other resolutions. These initiatives addressed:  The needs of the people of Afghanistan in light of the smuggling and other criminal activity which takes place there. The struggle for recovery stability and human rights in Kyrgyzstan, which is an OSCE state in the midst of crisis. And  Manifestations of racism and xenophobia that have become particularly prevalent in contemporary Europe. A critical U.S. amendment allowed us generally to support a French resolution that usefully addressed issues relating to the closure of the detention facility in Guantanamo Bay. Still other amendments coming from specific members of the U.S. Delegation covered a wide range of political, environmental and social issues relevant to policymakers. My colleagues and I were also active in the successful countering of amendments that would have steered resolutions on the Middle East and on the future of the OSCE multilateral diplomatic process in directions contrary to U.S. policy.  Beyond the consideration of the resolutions which now comprise the Oslo Declaration, the annual session also handled some important affairs for the OSCE PA itself. These, too, had relevance for U.S. policy interests:  the American serving as OSCE PA Secretary General, Spencer Oliver, was reappointed to a new 5-year term; a modest--and for the third fiscal year in a row--frozen OSCE PA budget of about $3 1/2 million was approved that requires continued and unparalleled efficiency in organizing additional conferences, election observation missions, and various other activities that keep the Parliamentary Assembly prominently engaged in European and Central Asian affairs;  in addition to my continued tenure as a vice president in the Parliamentary Assembly, Mr. Aderholt of Alabama was reelected as the vice chair of the general committee dealing with democracy, human rights, and humanitarian questions which ensures strong U.S. representation in OSCE PA decision-making; and a Greek parliamentary leader defeated a prominent Canadian senator in the election of a new OSCE PA president, following a vigorous but friendly campaign that encouraged the assembly to take a fresh look at itself and establish a clearer vision for its future.  While the congressional delegation's work focused heavily on representing the United States at the OSCE PA, we tried to use our presence in Europe to advance U.S. interests and express U.S. concerns more broadly. The meeting took place in Norway, a very close friend and strong, long-time ally of the United States of America. In discussions with Norwegian officials, we expressed our sorrow over the recent deaths of Norwegian soldiers in Afghanistan. We also shared our concerns about climate change and particularly the impact global warming has on polar regions  Indeed, on our return we made a well-received stop on the archipelago of Svalbard, well north of the Arctic Circle, to learn more about the impact firsthand, from changing commercial shipping lanes to relocated fisheries to ecological imbalance that make far northern flora and fauna increasingly vulnerable. The delegation also visited the Svalbard Global Seed Vault, a facility that preserves more than 525,000 types of seeds from all over the world as a safeguard for future crop diversity, and took the opportunity to donate additional U.S. seeds to the collection.  Norway is located close to a newer, but also very strong, ally with close ties to the United States, Estonia. Since last year's delegation to the OSCE PA Annual Session went to Lithuania and included Latvia as a side trip, I believed it was important to utilize the opportunity of returning to northern Europe to visit this Baltic state as well.  While some remained in Oslo to represent the United States, others traveled to Tallinn, where we had meetings with the President, Prime Minister, and other senior government officials, visited the NATO Cooperative Cyber-Defense Center of Excellence and were briefed on electronic networking systems that make parliament and government more transparent, efficient and accessible to the citizen. Estonia has come a long way since it reestablished its independence from the Soviet Union almost 20 years ago, making the visit quite rewarding for those of us on the Helsinki Commission who tried to keep a spotlight on the Baltic States during the dark days of the Cold War.  During the course of the meeting, the U.S. delegation also had bilateral meetings with the delegation of the Russian Federation and a visiting delegation from Kyrgyzstan to discuss issues of mutual concern and interest.  U.S. engagement in the OSCE Parliamentary Assembly sends a clear message to those who are our friends and to those who are not that we will defend U.S. interests and advance the causes of peace and prosperity around the world.

  • A Decade of the Trafficking in Persons Report

    Senator Benjamin L. Cardin convened a standing-room only hearing centered on the diplomatic impact of the Trafficking in Persons (TIP) Report.  The hearing focused on the ten years that the annual TIP report has been prepared by the State Department. Improvements to TIP-related efforts were suggested, such as working more closely with the Tier 2 Watch List countries in the OSCE Region, – Azerbaijan, Moldova, the Russian Federation, Tajikistan, Turkmenistan, and Uzbekistan – helping them to implement the changes necessary to meet the minimum standards and to avoid statutory downgrades which will otherwise be required in next year’s TIP report. Witnesses testifying at this hearing – including Luis CdeBaca, Ambassador at Large of the U.S. Department of State Office to Monitor and Combat Trafficking in Persons; Maria Grazia Giammarinaro, Special Representative and Coordinator for Combating Trafficking in Human Beings of the Organization for Security and Cooperation in Europe; Jolene Smith, CEO & Co-Founder of Free the Slaves; and Holly J. Burkhalter, Vice President for Government Relations of the International Justice Mission – explored ways to potentially create extra-territorial jurisdiction for trafficking cases.  They also focused on ways to deter demand for trafficking victims in all countries, including Tier 1 countries.

  • Global Threats, European Security and Parliamentary Cooperation

    From nuclear security to climate change, global terrorism to anti-corruption efforts, this hearing examined what parliamentarians can do to work together on some of the most significant challenges facing the world. Members addressed European and Central Asian security concerns, including unresolved conflicts in the Balkans and elsewhere, and considered how international parliaments can cooperate to address challenges related to trafficking, tolerance, and democratic development, including elections and media freedom.

  • OSCE Representative Cites Threats to Free Media

    Mr. HASTINGS of Florida. Madam Speaker, as Co-Chairman of the Helsinki Commission, I wish to draw the attention of colleagues to the timely and informative testimony of the OSCE Representative on Freedom of the Media, Dunja Mijatovic, who testified earlier today at a Commission hearing on ``Threats to Free Media in the OSCE Region.'' She focused on various threats to journalists and independent media outlets, including physical attacks and adoption of repressive laws on the media as well as other forms of harassment. Most troubling is the murder of journalists because of their professional activities. According to the U.S.-based Committee to Protect Journalists, 52 journalists have been killed in Russia alone since 1992, many reporting on corruption or human rights violations. Ms. Mijatovic also flagged particular concern over existing and emerging threats to freedom on the Internet and other communications technologies. She also voiced concern over the use of criminal statutes on defamation, libel and insult which are used by some OSCE countries to silence journalists or force the closure of media outlets. With respect to the situation in the United States, she urged adoption of a shield law at the federal level to create a journalists' privilege for federal proceedings. Such a provision was part of the Free Flow of Information Act of 2009, which passed the House early in the Congress and awaits consideration by the full Senate.  As one who has worked to promote democracy, human rights and the rule of law in the 56 countries that comprise the OSCE, I share many of the concerns raised by Ms. Mijatovic in her testimony and commend them to colleagues.    ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE REPRESENTATIVE ON FREEDOM OF THE MEDIA  (By Dunja Mijatovic) [From the Helsinki Commission Hearing on the Threats to Free Media in the OSCE Region, June 9, 2010]  Dear Chairmen, Distinguished Commissioners, Ladies and Gentlemen,  I am honored to be invited to this hearing before the Helsinki Commission at the very beginning of my mandate. I feel privileged to speak before you today. The Helsinki Commission's welcoming statement issued on the day of my appointment is a clear manifestation of the strong support you continuously show toward the work of this unique Office, and I assure you, distinguished Commissioners, that this fact is very much appreciated.  It will be three months tomorrow since I took office as the new Representative on Freedom of the Media to the OSCE. Even though three months may sound short, it has proved more than enough to gain a deep insight, and unfortunately also voice concerns, about the decline of media freedom in many of the 56 countries that today constitute the OSCE.  Although the challenges and dangers that journalists face in our countries may differ from region to region, one sad fact holds true everywhere: The freedom to express ourselves is questioned and challenged from many sides. Some of these challenges are blatant, others concealed; some of them follow traditional methods to silence free speech and critical voices, some use new technologies to suppress and restrict the free flow of information and media pluralism; and far too many result in physical harassment and deadly violence against journalists.  Today, I would like to draw your attention to the constant struggle of so many institutions and NGOs around the world, including your Commission and my Institution, to combat and ultimately stop violence against journalists. I would also like to address several other challenges that I want to place in the center of my professional activities, each of which I intend to improve by relentlessly using the public voice I am now given at the OSCE.  Let me first start with violence against journalists.  Ever since it was created in 1997, my Office has been raising attention to the alarming increase of violent attacks against journalists. Not only is the high number of violent attacks against journalists a cause for concern. Equally alarming is the authorities' far too-prevalent willingness to classify many of the murders as unrelated to the journalists' professional activities. We also see that more and more often critical speech is being punished with questionable charges brought against the journalists.  Impunity of perpetrators and the responsible authorities' passivity in investigating and failing to publicly condemn these murders breeds further violence. There are numerous cases that need to be raised over and over again. We need to continue to loudly repeat the names of these courageous individuals who lost their lives for the words they have written. I am sorry for all those whom I will not mention today; but the names that follow are on the list that I call ``the Hall of Shame'' of those governments that still have not brought to justice the perpetrators of the horrifying murders that happened in their countries.  The most recent murder of a journalist in the OSCE area is the one of the Kyrgyz opposition journalist Gennady Pavlyuk (Bely Parokhod), who was killed in Kazakhstan in December last year. It gives me hope that the new Interim Government of Kyrgyzstan has announced to save no efforts to bring the perpetrators to justice, as well as those involved in the 2007 murder of Alisher Saipov (Siyosat).  The Russian Federation remains the OSCE participating State where most members of the media are killed. Paul Klebnikov (Forbes, Russia), Anna Politkovskaya (Novaya Gazeta), Anastasia Baburova (Novaya Gazeta), are the most reported about, but let us also remember Magomed Yevloyev (Ingushetiya), Ivan Safronov (Kommersant), Yury Shchekochikhin (Novaya Gazeta), Igor Domnikov (Novaya Gazeta), Vladislav Listyev (ORT), Dmitry Kholodov (Moskovsky Komsomolets) and many others.  We also should not forget the brutal murders of the following journalists, some remain unresolved today:  Hrant Dink (Agos) Armenian Turkish journalist was shot in 2007 in Turkey.  Elmar Huseynov (Monitor) was murdered in 2005 in Azerbaijan.  Georgy Gongadze (Ukrainskaya Pravda) was killed in 2000 in Ukraine.  In Serbia, Slavko Curuvija (Dnevni Telegrat) was murdered in 1999, and Milan Pantic (Vecernje Novosti) was killed in 2001.  In Montenegro, Dusko Jovanovic (Dan), was shot dead in 2004.  In Croatia, Ivo Pukanic (Nacional) and his marketing director, Niko Franjic, were killed by a car bomb in 2008.  Violence against journalists equals violence against society and democracy, and it should be met with harsh condemnation and prosecution of the perpetrators. There can be no improvement without an overhaul of the very apparatus of prosecution and law enforcement, starting from the very top of the Government pyramid.  There is no true press freedom as long as journalists have to fear for their lives while performing their work. The OSCE commitments oblige all participating States to provide safety to these journalists, and I will do my best to pursue this goal with the mandate I am given and with all professional tools at my disposal.  We also observe another very worrying trend; more and more often the imprisonment of critical journalists based on political motivations including fabricated charges. Let me mention some cases:  In Azerbaijan, the prominent editor-in-chief of the now-closed independent Russian-language weekly, Realny Azerbaijan, and Azeri-language daily, Gundalik Azarbaycan, Eynulla Fatullayev was sentenced in 2007 to a cumulative eight-and-a-half years in prison on charges on defamation, incitement of ethnic hatred, terrorism and tax evasion. The European Court of Human Rights (ECtHR) found Azerbaijan in violation of Article 10 and Article 6, paragraphs 1 and 2 of the European Convention on Human Rights, so there is only one possible outcome--Fatullayev should be immediately released.  In Kazakhstan, Ramazan Yesergepov, the editor of Alma-Ata Info, is serving a three-year prison term on charges of disclosing state secrets.  Emin Milli and Adnan Hajizade, bloggers from Azerbaijan, are serving two and a half years and two years in prison respectively since July 2009 on charges of hooliganism and infliction of light bodily injuries.  In Uzbekistan, two independent journalists, Dilmurod Saiid (a freelancer) and Solijon Abdurahmanov (Uznews), are currently serving long jail sentences (twelve-and-a-half-years and ten years) on charges of extortion and drug possession.  I will continue to raise my voice and demand the immediate release of media workers imprisoned for their critical work.  I join Chairman Cardin for commending independent journalists in the Helsinki Commission's recent statement on World Press Freedom Day. These professionals pursue truth wherever it may lead them, often at great personal risk. They indeed play a crucial and indispensable role in advancing democracy and human rights. By highlighting these murder and imprisonment cases, by no means do I intend to neglect other forms of harassment or intimidation that also have a threatening effect on journalists. Let me just recall that, with the heightened security concerns in the last decade, police and prosecutors have increasingly raided editorial offices, journalists' homes, or seized their equipment to find leaks that were perceived as security threats. Suppression and restriction of Internet Freedom  Turning to the problems facing Internet freedom, we can see that new media have changed the communications and education landscape in an even more dramatic manner than did the broadcast media in the last half century. Under my mandate, the challenge has remained the same: how to safeguard or enhance pluralism and the free flow of information, both classical Helsinki obligations within the OSCE.  It was in 1998 that I read the words of Vinton G. Cerf in his article called ``Truth and the Internet''. It perfectly summarizes the nature of the Internet and the ways it can create freedom.  Dr. Cerf calls the Internet one of the most powerful agents of freedom: It exposes truth to those who wish to see it. But he also warns us that the power of the Internet is like a two-edged sword: it can also deliver misinformation and uncorroborated opinion with equal ease. The thoughtful and the thoughtless co-exist side by side in the Internet's electronic universe. What is to be done, asks Cerf.  His answer is to apply critical thinking. Consider the Internet as an opportunity to educate us all. We truly must think about what we see and hear, and we must evaluate and select. We must choose our guides. Furthermore, we must also teach our children to think more deeply about what they see and hear. That, more than any electronic filter, he says, will build a foundation upon which truth can stand.  Today, this foundation upon which truth could indeed so firmly stand is under continuous pressure by governments. As soon as governments realized that the Internet challenges secrecy and censorship, corruption, inefficiency and bad governing, they started imposing controls on it. In many countries and in many ways the effects are visible and they indeed threaten the potential for information to circulate freely.  The digital age offers the promise of a truly democratic culture of participation and interactivity. Realizing that promise is the challenge of our times. In the age of the borderless Internet, the protection of the right to freedom of expression ``regardless of frontiers'' takes on a new and more powerful meaning.  In an age of rapid technological change and convergence, archaic governmental controls over the media are increasingly unjust, indefensible and ultimately unsustainable. Despite progress, many challenges remain, including the lack of or poor quality of national legislation relating to freedom of information, a low level of implementation in many OSCE member states and existing political resistance.  The importance of providing free access for all people anywhere in the world cannot be raised often enough in the public arena, and cannot be discussed often enough among stakeholders: civil society, media, as well as local and international authorities.  Freedom of speech is more than a choice about which media products to consume.  Media freedom and freedom of speech in the digital age also mean giving everyone--not just a small number of people who own the dominant modes of mass communication, but ordinary people, too--an opportunity to use these new technologies to participate, interact, build, route around and talk about whatever they wish--be it politics, public issues or popular culture. The Internet fundamentally affects how we live. It offers extraordinary opportunities for us to learn, trade, connect, create and also to safeguard human rights and strengthen democratic values. It allows us to hear each other, see each other and speak to each other. It can connect isolated people and help them through their personal problems.  These rights, possibilities and ideals are at the heart of the Helsinki Process and the OSCE principles and commitments that we share. We must find the best ways to spread access to the Internet, so that the whole world can benefit from what it can offer, rather than increasing the existing gaps between those who have access to information and those who do not. And to those governments who fear and distrust the openness brought along by the Internet, let me emphasize over and over again:  The way a society uses the new communications technologies and how it responds to economic, political and cultural globalization will determine the very future of that society. Restrict access to information, and your chances to develop will become restricted. Open up the channels of free communication, and your society will find ways to prosper.  I was delighted to hear Secretary of State Clinton speak about a basic freedom in her January speech on Internet freedom in the ``Newseum''. This freedom is the freedom to connect. Secretary Clinton rightly calls this freedom the freedom of assembly in cyber space. It allows us to come together online, and shape our society in fundamental ways. Fame or money is no longer a requisite to immensely affect our world.  My office is rapidly developing a comprehensive strategy to identify the main problems related to Internet regulation in the 56 countries of the OSCE, and ways to address these issues. I will count on the support of the Helsinki Commission to advance the universal values that this strategy will attempt to extend to those countries where these values are still being questioned.  Let me also mention the importance to protect the freedom of other new technologies.  Only two weeks ago, my Office organized the 12th Central Asia Media Conference in Dushanbe, Tajikistan, where media professionals from all five Central Asian countries adopted a declaration on access to information and new technologies. This document calls on OSCE governments to facilitate the freer and wider dissemination of information, including through modern information and communication technologies, so as to ensure wide access of the public to governmental information.  It also reiterates that new technologies strengthen democracy by ensuring easy access to information, and calls upon state institutions with legislative competencies to refrain from adopting new legislation that would restrict the free flow of information. And only this spring my Office published a guide to the digital switchover, to assist the many OSCE countries where the switch from analogue to digital will take place in the next five years. The aim of the guide is to help plan the digitalization process, and help ensure that it positively affects media freedom, as well as the choice and quality available to the audience.  Besides advocating the importance of good digitalization strategies, I will also use all available fora to raise attention to the alarming lack of broadcast pluralism, especially television broadcast pluralism, in many OSCE countries. As television is the main source of information in many OSCE regions, we must ensure that the laws allow for diverse, high-quality programs and objective news to easily reach every one of us. Only well-informed citizens can make good choices and further democratic values. Whether we talk about Internet regulation, inventive ways to switch to digital while preserving the dominance of a few selected broadcasters, attempts to limit access to information or broadcast pluralism, we must keep one thing in mind: No matter what governments do, in the long run, their attempts to regulate is a lost battle.  People always find ways to obtain the rights that are denied to them. History has shown this over and over again. In the short run, however, it is very clear that I will intervene with governments which try to restrict the free flow of information. Defamation  Similar to fighting violence against journalists, my Office has been campaigning since its establishment in 1997 to decriminalize defamation and libel in the entire OSCE region.  Unfortunately, in most countries, defamation is still punishable by imprisonment, which threatens the existence of critical speech in the media. This is so despite the consistent rulings of the European Court of Human Rights in Strasbourg, stating that imprisonment for speech offences, especially when committed by criticizing public figures, is a disproportionate punishment.  Let us again remind ourselves of the journalists and bloggers I have mentioned above when discussing violence against journalists. They are currently in prison because their writing was considered defamatory. Their fate reminds us all of the importance of the right to freely speak our mind.  This problem needs urgent reform not only in the new, but also in the old democracies of the OSCE. Although the obsolete criminal provisions have not been used in Western Europe for decades, their ``chilling effect'' remained.  Furthermore, the mere existence of these provisions has served as a justification for other states that are unwilling to stop the criminalization of journalistic errors, and instead leave these offenses solely to the civil-law domain.  Currently, defamation is a criminal offence in all but ten OSCE countries--my home country Bosnia and Herzegovina, Cyprus, Estonia, Georgia, Ireland, Moldova, Romania, Ukraine, the United Kingdom and the United States.  Last year, three OSCE countries decriminalized defamation, which I consider to be an enormous success: Ireland, Romania and the United Kingdom; the last being the first among the Western European participating States to officially decriminalize defamation.  Some other countries, such as Armenia, are currently reforming their defamation provisions, and I hope that I can soon welcome the next country that carries out this important and very long overdue reform.   Concluding remarks  Dear Chairmen,  Dear Commissioners,  Ladies and Gentlemen,  The above problematic areas--violence against journalists, restrictions of new media including the Internet, lack of pluralism and resistance to decriminalize defamation--are among the most urgent media freedom problems that need our attention and concentrated efforts today. However, we will also not forget about the many other fields where there is plenty of room to improve. Of course, I will not miss the excellent opportunity that we are here together today to raise your attention to the topic that my distinguished predecessor, Miklos Haraszti, has already raised with you: the establishment and the adoption of a federal shield law in the United States.  As you know, my Office has been a dedicated promoter of the federal shield law for many years. If passed, the Free Flow of Information Act would provide a stronger protection to journalists; it could ensure that imprisonments such as that of Judith Miller in 2005, and Josh Wolf in 2006, could never again take place and hinder investigative journalism. But the passage of such legislation would resonate far further than within the borders of the United States of America. It could send a very much needed signal and set a precedent to all the countries where protection of sources is still opposed by the government and is still not more than a dream for journalists.  I respectfully ask all of you, distinguished Commissioners, to continue and even increase your efforts to enable that the Free Flow of Information Act soon becomes the latest protector of media freedom in the United States.  And of course I cannot close my speech without mentioning my home country, Bosnia and Herzegovina. As you know, not only Bosnia and Herzegovina, but also most of the emerging democracies in the Balkans enjoy modern and forward-looking media legislation. We can openly say that they almost have it all when it comes to an advanced legal and regulatory framework enabling free expression to thrive. But it is not that simple. I use this moment to pose several questions: if there are good laws, then why do we still face severe problems in relation to media freedom, why do we stagnate and sometimes even move backward? Where does the problem lie? And, more importantly, how can we solve it and move ahead?  What Bosnia and Herzegovina shows us is that good laws in themselves are not enough. Without their good implementation, they are only documents filled with unrealized potential. In countries that struggle with similar problems, we must stress over and over again: without the full implementation of valid legislation, without genuine political will, without a comprehensive understanding of the media's role in a functioning democracy, without the creation of a safe environment for journalists to do their work, and without true commitment by all actors, these countries risk falling far behind international standards.  Apart from unmet expectations and disillusioned citizens, we all know that the consequences of politicized and misused media could be very serious. In conclusion, let me assure you, dear Commissioners, that I will not hesitate to openly and vigorously remind any country of their responsibilities toward implementing the OSCE commitments to the freedom of the media.  I am also asking you to use this opportunity today and send a clear message to the governments of all OSCE countries to do their utmost to fully implement their media legislation safeguarding freedom of expression. The governments have the power to create an environment in which media can perform their unique role free of pressures and threats. Without this, no democracy can flourish.  Thank you for your attention.

  • Mitigating Inter-Ethnic Conflict in the OSCE Region

    This hearing, presided over by Sen. Benjamin Cardin, discussed the Helsinki Process’s role in mitigating inter-ethnic conflict in the OSCE region. The hearing discussed the situation in Kyrgyzstan, ethnic conflicts in the Caucasus, the still-lingering effects of the 1944 mass deportation of Crimean minorities, and ethnic cleansing in Bosnia. Witnesses at the hearing included Heidi Tagliavani, Ambassador and Under Secretary of State for Switzerland and head of the European Union investigation of the 2008 Russia-Georgia conflict; Peter Semneby, Special Representative for the South Caucasus for the European Union; and Mr. Soren Jessen-Petersen, former Special Representative for Kosovo for the United Nations.

  • U.S. Helsinki Group Slams Baku Court's Refusal of Bloggers' Appeal

    The U.S. Helsinki Commission has criticized a Baku court's rejection of appeals by two Azerbaijani bloggers against their prison sentences, RFE/RL's Azerbaijani Service reports. Emin Milli was sentenced in November to 2 1/2 years in prison and Adnan Hajizade to two years on charges of hooliganism arising from what the commission chairmen said "appeared to be a crude, government-arranged incident at a restaurant" in July 2009. Both bloggers were well-known for their satirical comments on Azerbaijani government policy. The Baku court rejected their appeal on March 10. Both men, and a number of rights groups, have insisted the incident behind the jailing was a provocation and the motives connected to their very public criticism of the government. Senator Benjamin Cardin (Democrat, Maryland), the U.S. Helsinki Commission chairman, said the bloggers' case "is the latest in a long series of setbacks for independent journalism and civil society in Azerbaijan." Commission Co-Chair Congressman Alcee Hastings (Democrat, Florida), said it "illustrates the lack of independence of Azerbaijan's judicial system." Congressman Robert Aderholt (Republican, Alabama) said the bloggers' conviction "seems to indicate a determination to stifle dissent before the parliamentary election later this year." The U.S. Helsinki Commission wrote in December to Azerbaijani President Ilham Aliyev expressing concern about the convictions and calling for a fair appeal process. Azerbaijani authorities did not reply to that letter.

  • The Western Balkans: Policy Responses to Today's Challenges

    This hearing reviewed the Vice President Biden’s meeting in Sarajevo and the Congressional delegation to Bosnia to speak about democratization process in the Balkan states. The Commissioners mentioned the need for governing bodies and systems that include every voice, particularly the ethnic communities in each country. These issues have correlated to potential instability in Bosnia resulting from the gridlock in government there.   The democratization and integration efforts, in relation to the Balkan joining closer to the greater European community and NATO, were touched upon to see the progress made.  The witness discussed examples of initiatives that moved the Balkans towards the goal of international standard of governance, for example the Model Court Initiative in Bosnia, which has helped to institute European standards in 33 local courts, upgrade court infrastructure and improve customer service.

  • Commission Plays Leading Role at Parliamentary Assembly in Lithuania

    By Robert A. Hand, Policy Advisor A bipartisan U.S. delegation traveled to Vilnius, Lithuania June 29 for the 18th Annual Session of the Organization for Security and Cooperation in Europe Parliamentary Assembly (OSCE PA). The delegation participated fully in the activity of the Assembly’s Standing Committee, the plenary sessions and the Assembly’s three General Committees. Helsinki Commission Chairman Senator Benjamin L. Cardin led the delegation, which included the following commissioners: Co-Chairman Congressman Alcee L. Hastings, Ranking Minority Member Chris Smith, and Senator Roger Wicker, Representatives Louise McIntosh Slaughter, Mike McIntyre, G.K. Butterfield and Robert B. Aderholt. Senate Assistant Majority Leader Dick Durbin, Senator George Voinovich and Representatives Lloyd Doggett, Madeleine Z. Bordallo and Gwen Moore also joined the delegation. Background of the OSCE PA The Parliamentary Assembly was created within the framework of the OSCE as an independent, consultative body consisting of more than 300 parliamentarians from each of the 56 countries, which stretch from the United States and Canada throughout Europe, the Caucasus and Central Asia. The Annual Sessions are the chief venue for debating international issues and voting on a declaration addressing human rights, democratic development, rule of law, economic, environmental and security concerns among the participating States and the international community. The United States delegation is allotted 17 seats in the Assembly. Robust Congressional participation has been a hallmark of the Parliamentary Assembly since its inception nearly 20 years ago, ensuring U.S. interests are raised and discussed. 18th Annual Session This year’s Annual Session, hosted by the Parliament (Seimas) of Lithuania from June 29 to July 3, brought together more than 500 participants from 50 of the 56 OSCE participating States under the theme: “The OSCE: Addressing New Security Challenges.” The Standing Committee -- the Assembly’s leadership body (composed of Heads of Delegations from the participating States and the elected officers) -- met prior to the Annual Session. Senator Cardin, as Head of Delegation and an OSCE PA Vice President, represented the United States. Chaired by the OSCE PA President, Portuguese parliamentarian João Soares, the committee heard reports from the Assembly’s Treasurer, German parliamentarian Hans Reidel, and from the Assembly’s Secretary General, R. Spencer Oliver of the United States. The Assembly continues to operate well within its overall budget guidelines and to receive positive assessments from auditors on financial management. The committee unanimously approved the proposed budget for 2009-2010. The Standing Committee also approved several changes in the OSCE PA’s Rules of Procedure, especially related to gender balance and the holding of elections for officers, as well as 24 Supplementary Items or resolutions for consideration in plenary or committee sessions. The committee brought up as an urgent matter a resolution regarding the detention of Iranian citizens employed by the British Embassy in Tehran. Senator Cardin spoke in support of the resolution. With the Standing Committee’s business concluded, Assembly President Soares opened the Inaugural Plenary Session, stressing in his opening remarks the need for OSCE reform. The first session concluded with a discussion of gender issues led by Swedish parliamentarian Tone Tingsgaard that included comments from Rep. Gwen Moore. A Special Plenary Session the next day was scheduled to accommodate the OSCE Chair-in-Office, Greek Foreign Minister Dora Bakoyannis, who had just presided over an informal meeting of OSCE foreign ministers in Corfu, Greece, to launch a new, high-level dialogue on European security. Senator Cardin attended the Corfu meeting as a representative of the OSCE Parliamentary Assembly. Following her speech, Bakoyannis engaged in a dialogue with parliamentarians on a number of OSCE issues. Lithuanian Foreign Minister Vygaudas Usackas also addressed the special session. Lithuania will chair the OSCE in 2011. U.S. Member Involvement The U.S. delegation actively participated in the work of the Assembly’s three General Committees – the first committee for Political Affairs and Security; the second for Economic Affairs, Science, Technology and the Environment; and the third on Democracy, Human Rights and Humanitarian Questions. Each committee considered its own draft resolution, prepared by an elected Rapporteur, as well as 23 of the 25 Supplementary Items. Two Supplementary Items, including one by President Soares on Strengthening the OSCE, were considered in plenary session. Representatives Chris Smith, Mike McIntyre, and Gwen Moore each proposed resolutions that were adopted dealing with freedom of expression on the Internet, international cooperation in Afghanistan, and prevention of maternal mortality respectively. Members of the U.S. delegation were also instrumental in garnering support for Supplementary Items introduced by others, co-sponsoring eight resolutions introduced by delegations of other countries. The U.S. delegation was responsible for 26 amendments to either the committee draft resolutions or various Supplementary Items. Chairman Cardin proposed climate-related amendments to a resolution on energy security and suggested the OSCE initiate work with Pakistan in the resolution on Afghanistan. Co-Chairman Hastings worked on numerous human rights and tolerance issues. Other amendments were sponsored by: Sen. Durbin on improving international access to clean water; Sen. Voinovich on combating anti-Semitism; Sen. Wicker on preserving cultural heritage; Rep. Smith on preventing the abuse of children; and Rep. Butterfield on responding to climate change. Bilateral Meetings The U.S. delegation also engaged in a variety of activities associated with the Annual Session, holding bilateral meetings with the delegations of Russia and Georgia focusing on their respective internal political developments and the tension in the Caucasus since Russia invaded Georgia last August and then sought to legitimize breakaway regions. Separate meetings were also held with Lithuanian President Valdas Adamkus and other Lithuanian leaders, at which the delegation pressed for new laws to resolve outstanding claims of property seized during the Nazi and Communist eras. The delegation also presented President Adamkus a letter from President Barack Obama on the occasion of the 1000th anniversary of the first written reference to Lithuania. Members of the U.S. delegation attended a working lunch to discuss gender issues, hosted by Swedish parliamentarian Tingsgaard. A variety of social events, including a reception hosted by the British delegation at their embassy, afforded numerous informal opportunities to discuss issues of common concern. U.S. Leadership As a demonstration of active U.S. engagement, a Member of the U.S. Congress has always held some elected or appointed leadership role in the OSCE PA. The Vilnius Annual Session has allowed this to continue at least through July 2012. Chairman Cardin was reelected to a three-year term as one of nine Vice Presidents, a very welcome development given his long record of OSCE engagement going back to his years in the House of Representatives. Rep. Aderholt, who has attended every OSCE PA Annual Session since 2002 and often visits European countries to press human rights issues, was elected Vice Chair of the third General Committee, which handles democracy and human rights. President Soares was reelected for a second term and selected Rep. Smith to serve as a Special Representative on Human Trafficking and asked Co-Chairman Hastings to continue serving as Special Representative on Mediterranean Affairs. An unfortunate development in the election of new officers is the absence of a representative of the Russian Federation. Because the United States government may disagree so substantively with current Kremlin policies, the U.S. government has always felt it critical to welcome Russian engagement in the OSCE PA. It was, therefore, a disappointment that the head of the Russian Federation delegation, Alexander Kozlovsky, reversed course and decided not to run for a Vice Presidency seat and more disappointing that a political bloc at the OSCE PA defeated Russian incumbent Natalia Karpovich as rapporteur of the Third Committee. Karpovich had been accommodating of U.S. human rights initiatives in her draft resolution. Vilnius Declaration Participants at the closing plenary session adopted the final Vilnius Declaration -- a lengthy document which reflects the initiatives and input of the U.S. delegation. Among other things, the declaration calls for strengthening the OSCE in order to enhance its legitimacy and political relevance; addresses conventional arms control, disarmament and other security-related issues of current concern in Europe; calls for greater cooperation in the energy sector and better protection of the environment; and stresses the continued importance of democratic development and respect for human rights, especially as they relate to tolerance in society and freedom of expression. The most contentious part of the declaration related to the promotion of human rights and civil liberties twenty years after the fall of the Berlin Wall, which included language noting the 70th anniversary of the Molotov-Ribbentrop Pact. While some of the language may have been provocative, strong Russian objections to the entire text appeared to be motivated by a desire to defend a Stalinist past and minimize its crimes. The Russian delegation’s effort to block passage of this resolution reflects a similar sentiment in Moscow that recently led to the creation of a widely-criticized commission "for counteracting attempts to falsify history to the detriment of Russia's interests." As a July 9 column for The Economist noted about recent Russian efforts to excuse Stalinism, the “debate in Vilnius makes it a bit harder to maintain that stance.” Some of Russia’s traditional friends and allies in the OSCE PA were noticeably absent from the debate. The Balkans While the Congressional delegation’s work focused heavily on representing the United States at the OSCE PA, the trip afforded an opportunity to advance U.S. interests elsewhere in Europe. While Co-Chairman Hastings traveled to Albania to observe that country’s first parliamentary elections since becoming a NATO member earlier this year, the rest of the delegation visited Bosnia-Herzegovina. Bosnia-Herzegovina is still recovering from the conflict in the 1990s and the associated horrors of the Srebrenica genocide and massive ethnic cleansing. The reverberations of the conflict continue to hinder prospects for European and Euro-Atlantic integration. The United States was instrumental in bringing the Bosnian conflict to an end in 1995, especially with the negotiation of the Dayton Agreement, and the United States has invested considerable financial, diplomatic and military resources in the post-conflict period. The visit came one month after Vice President Joe Biden visited Sarajevo with a message of renewed U.S. engagement in the Balkans. While meetings with Bosnian political leaders revealed little willingness to work constructively toward constitutional reform needed for an effective central government, a meeting with English-speaking university students revealed a refreshing desire to overcome ethnic divisions and move the country forward. Belarus Given its proximity to Vilnius, members of the Congressional delegation visited Minsk, the capital of Belarus, to press for greater democracy and respect for human rights in that country. Belarus has remained a repressive state over the years even as its European neighbors have transitioned from being former Soviet or Warsaw Pact states to EU and NATO members or aspirants. Following a delegation meeting with President Alexander Lukashenka, Belarusian authorities released imprisoned American Emanuel Zeltzer, who was convicted of espionage in a closed trial and had numerous health concerns. The delegation also urged for greater progress in meeting the conditions in the Belarus Democracy Act passed by the U.S. Congress in 2004 and reauthorized in 2006. A meeting with political activists provided useful information on the situation for political opposition, non-governmental organizations and independent media. Finally, the delegation pressed Belarus’ officials to allow for an increased U.S. diplomatic presence in the country. In response to expanding U.S. sanctions, Minsk kicked out 30 diplomats last year, including the U.S. ambassador, leaving a staff of five at the U.S. Embassy. During the course of the Vilnius Annual Session, Senator Voinovich also broke away for a brief visit to Riga, Latvia. That visit was among the highest level visits from a U.S. official in three years, and was important for our relations with this NATO ally, which has deployed troops with Americans in Afghanistan without caveat and recently suffered losses which easily impact such a small country. U.S. interests abroad are advanced through active congressional participation in the OSCE PA. The 19th Annual Session of the OSCE Parliamentary Assembly will be held early next July in Oslo, Norway.

  • Helsinki Commissioners Condemn Violence Against Roma

    Bipartisan Members of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today voiced strong concerns for growing violence against the Roma – Europe’s largest ethnic minority group. At a briefing examining the growing prejudice against Roma in Europe and subsequent acts of violence against Roma across Europe, Co-Chairman Congressman Alcee L. Hastings (D-FL) expressed concern for the treatment of Roma, who have been victimized in their own homes – from the killing of elderly to young children burned by fire bombs. “Governments must act with a sense of urgency in combating the pernicious racism that has contributed to the social, economic, and political marginalization of Roma, resulting in the gruesome and deadly attacks on Roma in recent months,” Co-Chairman Hastings said. “But beyond the violence, the continual dislocation of Roma most recently from their historic home in Sulukule, outside Istanbul, Turkey, shows a disregard for minorities and further sends a signal of exclusion. I call on all European countries to reverse this troubling trend.” Chairman Benjamin L. Cardin (D-MD) added: “In the wake of the recent European Parliamentary elections, we are seeing growth of political parties who espouse anti-immigration, anti-minority, and anti-Semitic policies. I urge governments across Europe to respect Roma human rights. They should fully integrate the continent’s largest ethnic minority group, do away with segregated schooling, and when crimes are committed, thoroughly investigate and hold criminals accountable for their acts of hate.” Helsinki Commissioner Congressman Joseph R. Pitts (R-PA) added: “Some people have compared the firebombing and other attacks on Roma in the Czech Republic and Hungary to the sniper attacks that took place in the area a few years ago. For Roma, who are the singular targets in this case, we can only imagine the fear that grips those communities. I urge the Czech and Hungarian Governments to do everything possible to bring the perpetrators of those attacks to justice and to ensure that they are prosecuted to the fullest extent of the law.”

  • The Western Balkans: Challenges for U.S. and European Engagement

    This hearing discussed the recent progress of the seven countries of the Western Balkans with regards to internal stability, democratic development, minority rights, anti-corruption efforts, and the rule of law. The witnesses evaluated each country’s progress and that of the region as a whole. In addition, the hearing also focused on the on the election process in each country and whether they had met the OSCE standards for elections.

  • Co-Chairman Hastings Chairs Meeting in Israel on Countering Discrimination in the Mediterranean Region; Meets with Prime Minister Olmert

    By Marlene Kaufmann, General Counsel During two days in December 2007 a unique meeting of the Organization for Security and Cooperation in Europe (OSCE) occurred in Tel Aviv, Israel. For only the second time in eleven years, Israel was chosen by the OSCE participating States to host the annual Mediterranean Seminar -- a meeting designed to encourage dialogue about, and strategies for, improved cooperation between the OSCE participating States and their Mediterranean Partners for Cooperation -- Algeria, Egypt, Israel, Jordan, Morocco and Tunisia. As Special Representative for Mediterranean Affairs of the OSCE Parliamentary Assembly, Co-Chairman Hastings had worked tirelessly to bring the Partners together in Israel for their annual seminar. Unfortunately, official participation by the Partner States was limited, with only Jordan and Egypt sending representatives to the plenary sessions. However, more than seventy delegates from thirty-five countries attended the seminar and robust participation by NGOs from both sides of the Mediterranean yielded spirited discussion and specific recommendations for future OSCE efforts to combat discrimination. Prior to joining the seminar, the Co-Chairman traveled to Jerusalem for a private meeting with Israeli Prime Minister Ehud Olmert. The two discussed prospects for negotiations toward a two-state solution to the Israeli-Palestinian conflict following the Annapolis conference, as well as continued threats to Israel’s security including Iran’s ongoing nuclear program. Co-Chairman Hastings also met with Jordanian Ambassador to Israel, Ali Al-Ayed, to discuss his country’s views on the security situation in the region as well as the impact of the massive displacement of Iraqi citizens, including more than a half million who have sought refuge in Jordan. More than 4.7 million Iraqis have been displaced since 2003, including 2 million who have fled to Syria, Jordan and other countries in the region. This is the largest population displacement in the Middle East since 1948. Co-Chairman Hastings has introduced legislation to address this growing humanitarian crisis which provides aid for Jordan and other countries in the region that are hosting Iraqi refugees. The Co-Chairman’s visit also included a briefing by Israel’s Director for relations with the United Nations and International Organizations and a tour of a newly constructed desalination facility in Ashkalon, the largest in the region. Desalination is a critical part of the social and economic infrastructure of the Middle East as it is in the Co-Chairman’s congressional district and the entire State of Florida. Under the broad theme “Combating Intolerance and Discrimination and Promoting Mutual Respect and Understanding,” seminar participants examined such topics as the implementation of OSCE tolerance-related commitments in the participating States and the Mediterranean Partners for Cooperation and lessons learned; promoting respect for cultural and religious diversity and facilitating dialogue; and countering discrimination in the OSCE and Partner states. In his opening remarks to the session on Countering Discrimination in the OSCE Participating States and the Mediterranean Partners for Cooperation, Co-Chairman Hastings pointed out that combating discrimination against individuals because of their race, religion, national origin or gender is a core principle of the Helsinki Process and is essential to stable, productive, democratic societies. “The reality,” said Hastings, “is that none of our societies is immune from the ignorance, indifference or outright hatred that fosters discrimination, intolerance, and ultimately destruction of every sort.” Co-Chairman Hastings noted that hate crimes had increased 8% in the U.S. during 2007 amidst the resurgence of the noose and swastika, unfair equation of Muslims and migrants with terrorism, violent attacks on gays, and the derogatory parodying of minority groups in the media and elsewhere in society. “Elsewhere in the OSCE, the situation is not any better,” he said. “A number of European countries have voted extremist political parties into office that openly espouse xenophobic, racist, and anti-Semitic views in the name of preserving national identity and security.” These scene-setting remarks were followed by presentations from a distinguished panel including Slovenian Ambassador, Mr. Stanislav Rascan, European Commission Ambaassador Mr. Lars Erik Lundin, Israeli lawyer Ms. Gali Etzion and Professor Gert Weisskirchen, a Member of the German Bundestag and Personal Representative of the OSCE Chairman-in-Office on Combating anti-Semitism. Their remarks, and the discussion that followed, focused on combating discrimination through legal measures, including legislative initiatives, as well as implementation by courts; education, in particular for young people; special challenges regarding discrimination against women, including religious laws; and the necessity of continuing dialogue between governments, parliaments and NGOs on ways and means to empower individual citizens. In his closing remarks, Co-Chairman Hastings strongly urged the participants to focus on implementation of anti-discrimination laws and regulations and promotion of civic programs that encourage tolerance. He pointed out that all of us as individuals, and in particular government officials, have an obligation to combat intolerance and discrimination, as well as promote mutual respect and understanding. Hastings also stated his intention to visit all Mediterranean Partner countries within a year in his capacity as Special Representative for Mediterranean Affairs of the OSCE Parliamentary Assembly. On May 16, 2008, Co-Chairman Hastings again traveled to Israel, accompanying Speaker Nancy Pelosi, Majority Leader Steny Hoyer, and other senior Members of Congress to mark Israel’s 60th Anniversary. Co-Chairman Hastings and the delegation met with President Peres, Prime Minister Olmert, Defense Minister Barak and Foreign Minister Livni, as well as with the leaders of the Jewish, Christian and Muslim communities in Jerusalem. The Co-Chairman also accompanied Speaker Pelosi on a side trip to Baghdad where they met with Prime Minister Maliki and the Speaker of the Iraqi Parliament, the Council. December 2008 offered the opportunity for Co-Chairman Hastings to fulfill his promise to the OSCE Mediterranean Partners Seminar and again visit all the Mediterranean Partner countries. The Co-Chairman traveled to Morocco, Algeria, Tunisia, Egypt and Israel where he met with parliamentarians and senior government officials. Co-Chairman Hastings also met with Jordanian officials in Egypt and expressed his intention to visit Jordan to complete his tour of the region in 2009. For details of the Co-Chairman’s December 2008 visit, see “U.S. Helsinki Commission Co-Chairman Alcee L. Hastings Visits OSCE Mediterranean Partners to Advance Regional Cooperation,” Helsinki Commission Digest, Volume 40, Number 34.

  • Turkmenistan: Prospect for Change?

    The purpose of this hearing was to examine Turkmenistan’s parliamentary elections- the first such election since the regime changed. The hearing focused on whether the election might mark a turning point at all for Turkmenistan as well as whether Turkmenistan has made progress on Democratic reforms. Positive signs were reviewed, particularly on education, but also areas of concern, such as reports of Turkmen officials pressuring young men not to apply for study programs in the United States. The distinguished witnesses and Commissioners reviewed the reform process and the significant advancements since the death of longtime President, Berdimuhamedov. In regards to areas of further reform and advancement, the hearing addressed measures in which the U.S. and the OSCE should respond to better the human rights condition in Turkmenistan.

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