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Sanctioning Human Rights Abusers and Kleptocrats under the Global Magnitsky Act
A How-To Guide
Thursday, May 24, 2018

The Global Magnitsky Act enables the United States to sanction the world’s worst human rights abusers and most corrupt oligarchs and foreign officials, freezing their U.S. assets and preventing them from traveling to the United States. Sanctioned individuals become financial pariahs and the international financial system wants nothing to do with them.

Before proceeding, ask yourself: is Global Magnitsky right for my case? The language of the Global Magnitsky Act as passed by Congress was ex-panded by Executive Order 13818, which is now the implementing authority for Global Magnitsky sanctions. EO 13818 stipulates that sanctions may be considered for individuals who are engaging or have engaged in “serious human rights abuse” against any person, or are engaging or have en-gaged in “corruption.” Individuals who, by virtue of their rank, have ordered others to engage or have facilitated these acts also are liable to be sanctioned.

Keep in mind that prior to the EO’s expansion of the language, human rights sanctions were limited to “gross violations of internationally recognized human rights” as codified in 22 USC § 2304(d)(1). The original language also stipulates that any victim must be working “to expose illegal activity car-ried out by government officials” or to “obtain, exercise, defend, or promote internationally recognized human rights and freedoms.” As for sanctions for corruption, it identifies “acts of significant corruption” as sanctionable offenses. This is generally thought to be a stricter standard than the EO’s term “corruption.” It may be worthwhile to aim for this higher standard to make the tightest case possible for sanctions.

As a rule, reach out to other NGOs and individuals working in the human rights and anti-corruption field, especially those who are advocating for their own Global Magnitsky sanctions. Doing so at the beginning of the process will enable you to build strong relationships, develop a robust network, and speak with a stronger voice.

Download the full guide to learn more.

Contributor: Paul Massaro, Policy Advisor

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  • Chairman Hastings Appoints Alex T. Johnson Helsinki Commission Chief of Staff

    WASHINGTON—Rep. Alcee L. Hastings (FL-20), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission), today announced the appointment of Alex T. Johnson as Helsinki Commission Chief of Staff. Johnson will be the commission’s first African-American chief of staff since it was established in 1976. “I am pleased to welcome Alex Johnson back to the Helsinki Commission,” said Chairman Hastings. “His broad range of experience—including several years at the U.S. Mission to the OSCE in Vienna—and deep understanding of issues related to fundamental freedoms and human security in North America, Europe, and Central Asia will keep the commission at the vanguard of regional policymaking.” “I have learned from Chairman Hastings over the years that transatlantic security is contingent on advancing human rights and human dignity, including for the most marginalized populations in the OSCE region,” said Johnson. “I am honored to once again empower our commissioners' legacy as the moral compass for transatlantic cooperation.” Johnson, a former policy advisor at the Helsinki Commission, returns to the organization after serving as the senior policy advisor for Europe and Eurasia at the Open Society Foundations, where he led U.S.-focused advocacy for 12 national foundations and regional programs ranging from Central Asia to Western Europe. An expert on European human rights and transatlantic security, he served as an Obama Administration official at the Pentagon, where he focused on furthering security cooperation with Eurasia and the Western Balkans. Johnson is also known for his research and leadership of advocacy coalitions of diverse foreign policy professionals and is recognized as a leader in advancing inclusion for the U.S. national security workforce. He is a term member of the Council on Foreign Relations and a member of the Truman National Security Project Defense Council. Johnson’s first day as chief of staff of the Helsinki Commission will be February 14, 2019.

  • Wicker, Cardin Condemn Detention of Russian Activist Nastya Shevchenko

    WASHINGTON—Sen. Roger Wicker (MS) and Sen. Ben Cardin (MD) today issued the following statements on the detention of Anastasia (Nastya) Shevchenko, a human rights activist with the Open Russia organization, who was placed under house arrest on January 23: “No one should face jail time for peaceful advocacy,” said Sen. Wicker. “The callous and cruel treatment of Nastya Shevchenko by Russian authorities is a disturbing tactic to silence a citizen-activist.” “The Russian authorities must release Nastya Shevchenko,” said Sen. Cardin. “It should not be a crime to advocate for the best interests of one’s country and fellow citizens.” Shevchenko is the first Russian to face criminal charges under Russia’s 2015 “undesirable organizations” law, which is intended to prevent NGOs based outside of Russia from operating within the country. A single mother, she was prevented from visiting her critically-ill special needs daughter until shortly before her daughter’s death at the end of January. Open Russia is a Russian-led, Russia-based organization that advocates for greater government transparency and accountability. Amnesty International has declared Shevchenko a prisoner of conscience.

  • Representative Alcee L. Hastings to Helm Helsinki Commission

    WASHINGTON—Speaker of the House Nancy Pelosi has appointed Rep. Alcee L. Hastings (FL-20) to chair the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, during the 116th Congress. “For more than four decades, the Helsinki Commission has championed human rights and democracy across North America, Europe, and Central Asia,” said Chairman Hastings. “While we have worked to keep these concerns on the U.S. agenda, much remains to be accomplished. Rogue actors are challenging the integrity of elections at home and abroad; Russia’s internal repression threatens its citizens while its external aggression imperils its neighbors; and members of vulnerable communities are targets of bigotry, discrimination, and violence. All of these challenges undermine comprehensive security in the region and place our societies at risk. “I’m honored to once again chair the Helsinki Commission, and look forward to continuing the bipartisan, bicameral cooperation that is vital to promoting human rights, military security, and economic cooperation in the 57 countries of the OSCE.” Chairman Hastings has served on the Helsinki Commission since 2001, and in 2007, he became the first African American to chair the commission. Hastings is also the only American to have ever served as President of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly (OSCE PA), and is the former Special Representative on Mediterranean Affairs of the PA.

  • Helsinki Commission Briefing to Focus on Asset Recovery In Eurasia

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: ASSET RECOVERY IN EURASIA Repatriation or Repay the Patron? Wednesday, February 13, 2019 10:00 a.m. Dirksen Senate Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission Asset recovery—the process of repatriating funds previously stolen by corrupt officials—remains one of the most contentious points in the fight against transnational corruption. Though only a small percentage of stolen funds are ever recovered, major questions exist about the best ways to ensure that repatriated funds don’t simply reenter the same patronage cycle from which they came. Is it possible to ensure that recovered assets actually serve the people from whom they have been stolen? This briefing will explore approaches to repatriation in Armenia, Ukraine, and Kazakhstan. Panelists will discuss best practices and challenges in asset recovery as well as appropriate policy responses, both by the state in question and the international community, and compare the respective approaches of the three countries. The following panelists are scheduled to participate: Sona Ayvazyan, Executive Director, Transparency International Armenia Bryan Earl, Retired Supervisory Special Agent/Assistant General Counsel, Federal Bureau of Investigation Karen Greenaway, Retired Supervisory Special Agent, Federal Bureau of Investigation Kristian Lasslett, Professor of Criminology and Head of School, Ulster University

  • Unorthodox?

    By Thea Dunlevie, Max Kampelman Fellow “The Russian Federation is a secular state,” according to Chapter 1, Article 14 of the Russian constitution. Adopted two years after the collapse of the Soviet Union, which systematically repressed religious activity, Article 14 created a framework for a religious resurgence in Russia, namely the Russian Orthodox Church’s optimistic emergence from the Soviet era. However, the Russian Orthodox Church has become a battlefield of choice for the Russian government as it seeks status as the religious and regional hegemon. President Vladimir Putin’s vision for a “Russian world” has in many ways negated the country’s constitutional commitment to a religiously neutral government, particularly in relation to former Soviet Bloc countries. Vladimir Putin has coupled violent encroachments such as the 2014 invasion and illegal occupation of Crimea and the Donbas and its 2008 invasion and illegal occupation of South Ossetia and Abkhazia in Georgia with subtler maneuvers to establish strongholds in foreign countries, including through religious interventions. The latter activities rest under the umbrella term “soft power,” which Putin identified as a foreign policy strategy in his 2017 Foreign Policy Concept. According to political scientist Joseph Nye, who coined the term, “Soft power is the ability to affect others to obtain the outcomes one wants through attraction rather than coercion or payment.” Rooted in Russian History and Culture The Russian Orthodox Church, which has deep roots in Russian identity, history, and culture, was revived under President Boris Yeltsin and has since been increasingly employed as a tool of soft power. The RAND Institute reports that the Russian Orthodox Church has been rated “the most-trusted institution in [Russia]”—surpassing the president and parliament. Consequentially, the Kremlin’s interconnectivity with the Russian Orthodox Church lends the state legitimacy by proxy. Capitalizing on this perceived legitimacy, the 2015 Russian National Security Strategy lists “preserving and developing culture and traditional Russian spiritual and moral values” as one of six “National Interests and National Strategic Priorities.” Religion has been instrumentalized by Russian diplomatic missions with goals beyond proselytizing or constructing churches. Putin sent Patriarch Kirill of Moscow and All Russia as a Kremlin emissary to solidify international ties under the auspices of religious, humanitarian outreach. For example, Putin has characterized Russia as the defender of persecuted Christians in the Middle East by supporting Bashar al-Assad’s government. Patriarch Kirill and Putin also vowed to rebuild churches in the region, positioning Russia as the great defender, reconstructor, and regional power. However, not all these efforts have been successful. Patriarch Kirill’s 2013 visit to the politically volatile region of Transnistria, Moldova—where 1,400 Russian troops are stationed—was met by local protests suggesting an unwelcome link between the Russian Orthodox Church’s presence and the Kremlin’s. The Russian Orthodox Church has also helped the Government of Russia maintain regional influence in former Soviet Bloc countries and the Balkans and expand its influence in Asia. The Russian government commemorated 50 years of cooperation with Singapore by building an Orthodox church there, and Patriarch Kirill’s delegation visited North Korea to establish an Orthodox church in Pyongyang alongside North Korean government officials. However, current debates primarily focus on Ukraine because it contains an estimated one-third of the Moscow Patriarchate’s churches. Russia has approached the OSCE with concerns about “Ukrainization,” alleging that 50 Russian Orthodox churches had been illegally seized by the government since 2014. Ukraine Fights Back The Russian Orthodox Church’s Kremlin-driven influence has been of particular concern to Ukraine, which struggles to maintain its political sovereignty as Russia encroaches militarily. To counter this influence, in 2018 the Ukrainian Orthodox Church sought autocephaly (independence) under the auspices of the Holy Synod of the Ecumenical Patriarch of Constantinople, the governing body of the Orthodox Church. Ukrainian President Petro Poroshenko justified the Ukrainian Orthodox Church’s pursuit of autocephaly before the United Nations General Assembly Human Rights Council as “a matter of national security and [Ukraine’s] defense in a hybrid war, because the Kremlin views the Russian Orthodox Church as key instruments of influence on Ukraine.”  However, the Russian Orthodox Church condemned Ukraine’s autocephaly efforts for blasphemously entangling religion and politics. Metropolitan Hilarion, chairman of the Department for External Church Relations of the Russian Orthodox Church, characterized the Ukrainian church’s move as a “pre-election political project.” The Russian Orthodox Church severed tied with the Ecumenical Patriarch in mid-October. In December, Metropolitan Epifaniy was elected head of the nascent Orthodox Church of Ukraine. Prior to his election, the U.S. State Department said the United States “respects the ability of Ukraine’s Orthodox religious leaders and followers to pursue autocephaly according to their beliefs.” Immediately after his election, the State Department issued a congratulatory statement and Secretary of State Mike Pompeo spoke with him by phone.   After the January 6th announcement of autocephaly for an independent Orthodox Church of Ukraine, the Secretary described the outcome as an “historic achievement.” All of these U.S. statements explicitly referenced U.S. support for religious freedom as the context. The Orthodox Church of Ukraine now sidesteps Russian religious authority and submits to the Ecumenical Patriarch and Holy Synod alone.  The Russian government, however, maintains that Ukraine is “territory of the Russian church” and vows to “defend the interests of the Orthodox.” Ongoing Power Struggles Russia’s religious intervention has also instigated ecclesiastical divisions within the other Orthodox churches and between churches and the Ecumenical Patriarch of Constantinople. The Russian meddling has created opposing teams: Ukraine and its allies, like the Ecumenical Patriarch and U.S. Government, versus the Russian Government and regional churches which pledged loyalty to the Russian Orthodox Church. In the wake of the Russian Orthodox Church’s Holy Synod decision on the Orthodox Church of Ukraine, Putin awarded the Metropolitan of Moldova “Russia’s Order of Friendship,” perhaps  to encourage Moldovan sympathy to the Russian Orthodox Church’s cause amid the “schismatic” behavior of Ukraine. In November of 2018, St. Andrew’s Church in Ukraine was attacked with Molotov cocktails, following  the transfer of its ownership to the Ecumenical Patriarch of Constantinople. This attack has been interpreted by some Ukrainians as a symbolic attack on the Ukrainian Orthodox Church. Ukraine’s religious makeup is exceptionally diverse. However, the Kremlin’s political meddling into the inter-orthodox religious conflict raises larger concerns about how government can support or suppress certain beliefs for primarily political purposes. This phenomenon threatens the religious liberty of the Orthodox Church of Ukraine and potentially the freedom of the country’s minority religious groups like Greek Catholics. All 57 participating States of the OSCE have committed to the 1975 Helsinki Final Act, which includes the statement that  “the participating States will respect (...) the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion… participating States will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.”  The participating States have repeatedly recommitted themselves in subsequent agreements. The Ukrainian government and leadership of the Orthodox Church of Ukraine must be vigilant for infringements on the religious rights of Moscow Patriarchate adherents in Ukraine after the Holy Synod’s decision. As priests, imams, and pastors did during Euromaidan in 2013, so should the Ukrainian Government, the Russian Government, the Orthodox Church of Ukraine and the Russian Orthodox Church condemn violence, protect freedom of religion and belief, and promote inter-faith peace.

  • Whitehouse, Wicker, Jackson Lee, Burgess Introduce Rodchenkov Act

    WASHINGTON—One week after the World Anti-Doping Agency (WADA) failed to suspend the Russian Anti-Doping Agency (RUSADA) for missing a crucial December 31, 2018, deadline, Senators Sheldon Whitehouse (RI) and Roger Wicker (MS) and Representatives Sheila Jackson Lee (TX-18) and Michael Burgess (TX-26) today introduced in the Senate and the House the Rodchenkov Anti-Doping Act. The legislation, originally introduced in the 115th Congress, would criminalize international doping fraud conspiracies. “We know from experience that we must meet the bad behavior of Russia’s corrupt government with strength. Anything less they take as encouragement,” said Senator Whitehouse. “That’s why the responses of WADA and the International Olympic Committee to the Russian doping scandal fall woefully short. Now is the time to create stiff penalties for Russia’s cheating and send a signal that Russia and other sponsors of state-directed fraud can’t use corruption as a tool of foreign policy.” “Without Dr. Rodchenkov’s courage, we would still be in the dark about the extent of Russia’s doping fraud. He is now in hiding, fearing that Russian thugs may one day come for him as they did Sergei Skripal in London. Whistleblowers should not be forced to live this way. Dr. Rodchenkov and those other brave individuals who reveal the crimes of authoritarian regimes deserve better,” said Senator Wicker. “Russia’s full-throated defiance of international norms and standards undermines the rule of law and demands the strongest of responses. The Putin regime uses strategic corruption to destabilize peaceful civil society, democratic institutions, and the alliances that have been the foundation of transatlantic peace and prosperity for the past 70-plus years. This long overdue bill would define doping for what it is: fraud.  Never again should Russia or any other authoritarian state believe that there will be no legal consequences for committing doping fraud conspiracies,” said Representative Jackson Lee. “WADA’s most recent decision to give Russia a free pass clearly conveys that leaders of international sport governance refuse to uphold the integrity of sport. The current framework has proven ineffective and fundamentally unfit to defend clean athletes and prevent doping fraud. Russia’s state-sponsored doping scandal not only caused damages to clean international athletes, but also resulted in harm to its own athletes.  It is time to restore a level playing field by ensuring that the rights of U.S. and all clean athletes are respected. RADA will keep fraud away from competitions that touch the U.S. market and interests, and protect our athletes,” said Representative Burgess. The Rodchenkov Anti-Doping Act will: Establish criminal penalties for participating in a scheme in commerce to influence a major international sport competition through prohibited substances or methods.  This section applies to all major international sport competitions in which U.S. athletes participate, and where organizing entities receive sponsorship from companies doing business in the United States or are compensated for the right to broadcast their competition there, so that international fraud against Americans will not go unpunished. Penalties will include fines of up to $1,000,000, or imprisonment of up to ten years, depending on the offense. Provide restitution to victims of such conspiracies.  Athletes and other persons who are victims of major international doping fraud conspiracies shall be entitled to mandatory restitution for losses inflicted upon them by fraudsters and conspirators. Protect whistleblowers from retaliation.  By criminalizing participation in a major international doping fraud conspiracy, whistleblowers will be included under existing witness and informant protection laws. Establish coordination and sharing of information with the United States Anti-Doping Agency.  Federal agencies involved in the fight against doping shall coordinate and share information with USADA, whose mission is to preserve the integrity of competition, inspire true sport, and protect the rights of athletes, to enhance their collective efforts to curb doping fraud. Senators Ben Cardin (MD) and Marco Rubio (FL) are original cosponsors of the bill in the Senate.  Original cosponsors in the House include Representatives Steve Cohen (TN-09), Richard Hudson (NC-08), Diana DeGette (CO-01), Peter King (NY-03), Alcee Hastings (FL-20), Billy Long (MO-07), Hank Johnson (GA-04), Chris Smith (NJ-04), Gwen Moore (WI-04), Bobby Rush (IL-01), and Paul Tonko (NY-20). In 2016, Dr. Rodchenkov exposed the Russian state-sponsored doping scandal that took place during the 2014 Sochi Olympics.  By deceiving international anti-doping authorities and swapping athletes’ samples, Russian officials cheated U.S. athletes out of Olympic glory and U.S. corporations out of honest sponsorships.  These corrupt officials used bribes and illicit payments, sometimes through U.S. financial institutions, to commit this fraud.  Unfortunately, the masterminds behind the Russian sports doping operation escaped punishment for their actions because there was no U.S. legal mechanism to bring them to justice. In February 2018, the Helsinki Commission held a briefing featuring Dr. Rodchenkov’s attorney, Jim Walden, on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions.  In March, Commissioners Senators Cardin and Cory Gardner (R-CO) and Representative Jackson Lee met with Dr. Rodchenkov to discuss the threat posed by Russia to the United States, corruption in international sports bodies, and how the United States can contribute to the international effort to counter doping fraud. In July, the Helsinki Commission held a hearing that explored the interplay between doping fraud and globalized corruption and U.S. policy responses, including the Rodchenkov Anti-Doping Act. In October 2018, the U.S. Department of Justice indicted seven individuals for involvement in a Russian-operated military intelligence program in which GRU officers are alleged to have conducted sophisticated hacking of U.S. and international anti-doping agencies who investigated and publicly condemned Russia’s state-sponsored doping program.  The hacking victims also included 230 athletes from approximately 30 countries.  The operation was part of a disinformation campaign in which victims’ personal email communications and individual medical and drug testing information, sometimes modified from its original form, was used to actively promote media coverage to further a narrative favorable to the Russian government.

  • Senators Whitehouse and Hatch Introduce Rodchenkov Anti-Doping Act

    WASHINGTON—Helsinki Commissioner Sen. Sheldon Whitehouse (RI) and Sen. Orrin Hatch (UT) today introduced the Rodchenkov Anti-Doping Act. Named for Russian whistleblower Dr. Grigory Rodchenkov, the bipartisan legislation establishes criminal penalties on individuals involved in doping fraud conspiracies affecting major international competitions. Earlier this year, Helsinki Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) introduced the Rodchenkov Anti-Doping Act in the House of Representatives. “To remain a ‘city on a hill,’ America must hold the crooked and corrupt accountable whenever we can. That means forcefully confronting Russia’s use of corruption as a tool of foreign policy,” said Sen. Whitehouse. “In the face of certain retaliation, Dr. Rodchenkov revealed sweeping Russian state-sponsored doping. This bill would create consequences for Russia’s cheating, and send a strong signal that Russia and other sponsors of state-directed fraud and corruption no longer enjoy impunity.” “For too long, internationally agreed upon anti-doping rules have been broken with impunity. Athletes have been defrauded by coordinated, and in some cases state-sponsored, doping fraud schemes that call into question the integrity and fairness central to all competitions,” said Senator Hatch. “This bill is a long overdue step to deter and punish individuals and state actors who would attempt to defraud international competitions through doping.” In 2016, Dr. Rodchenkov exposed the Russian state-sponsored doping scandal that took place during the 2014 Sochi Olympics. By deceiving international anti-doping authorities and swapping athletes’ samples, Russian officials cheated U.S. athletes out of Olympic glory and U.S. corporations out of honest sponsorships. These corrupt officials used bribes and illicit payments, sometimes through U.S. financial institutions, to commit this fraud. Unfortunately, the masterminds behind the Russian sports doping operation escaped punishment for their actions because there was no U.S. legal mechanism to bring them to justice. With the recent decision of the World Anti-Doping Agency to reinstate the Russian Anti-Doping Agency, the matter now appears closed at the international level with no meaningful consequences for the Russian regime or the officials who perpetrated the scheme. The Rodchenkov Anti-Doping Act will: Establish criminal penalties for participating in a scheme in commerce to influence a major international sport competition through prohibited substances or methods. This section applies to all major international sport competitions in which U.S. athletes participate, and where organizing entities receive sponsorship from companies doing business in the United States or are compensated for the right to broadcast their competition there, so that international fraud against Americans will not go unpunished. Penalties will include fines of up to $1,000,000, or imprisonment of up to ten years, depending on the offense. Provide restitution to victims of such conspiracies. Athletes and other persons who are victims of major international doping fraud conspiracies shall be entitled to mandatory restitution for losses inflicted upon them by fraudsters and conspirators. Protect whistleblowers from retaliation. By criminalizing participation in a major international doping fraud conspiracy, whistleblowers will be included under existing witness and informant protection laws. Establish coordination and sharing of information with the United States Anti-Doping Agency. Federal agencies involved in the fight against doping shall coordinate and share information with USADA, whose mission is to preserve the integrity of competition, inspire true sport, and protect the rights of athletes, to enhance their collective efforts to curb doping fraud. “I am humbled and honored to see the introduction of the Rodchenkov Anti-Doping Act in the Senate today,” said Dr. Rodchenkov. “I would like to express my deepest gratitude to Sen. Whitehouse, Sen. Hatch, and the Helsinki Commission for their courage and leadership in the protection of whistleblowers who come forward to speak the truth. I believe that this legislation holds the promise to finally protect athletes and international competitions from and corruption and interference that we see continues today. This broad support from Congress is vital to our fight for justice and fairness in the international arena of sport.” In February 2018, the Helsinki Commission held a briefing featuring Dr. Rodchenkov’s attorney, Jim Walden, on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions. In March, Commissioners Sen. Ben Cardin (MD), Sen. Cory Gardner (CO), and Rep. Jackson Lee met with Dr. Rodchenkov to discuss the threat posed by Russia to the United States, corruption in international sports bodies, and how the United States can contribute to the international effort to counter doping fraud. In July, the Helsinki Commission held a hearing that explored the interplay between doping fraud and globalized corruption and U.S. policy responses, including the Rodchenkov Anti-Doping Act. In October, the U.S. Department of Justice indicted seven individuals for involvement in a Russian-operated military intelligence program in which GRU officers are alleged to have conducted sophisticated hacking of U.S. and international anti-doping agencies who investigated and publicly condemned Russia’s state-sponsored doping program. The hacking victims also included 230 athletes from approximately 30 countries. The operation was part of a disinformation campaign in which victims’ personal email communications and individual medical and drug testing information, sometimes modified from its original form, was used to actively promote media coverage to further a narrative favorable to the Russian government.

  • Mosque and State in Central Asia

    From 2016 to early 2018, the U.S. government designated three of Central Asia’s five nations—Tajikistan, Turkmenistan, and Uzbekistan—as countries of particular concern (CPC) for engaging in or tolerating “particularly severe violations of religious freedom” like torture, abduction, and clandestine or prolonged detention without charges. In these countries, people of all faiths, or no faith at all, have endured onerous government-mandated harassment, fines, and imprisonment for even minor breaches of state regulations of religious belief and practice. To ensure regime stability and counter violent extremism, the governments of some Central Asian Muslim-majority countries impose strict and invasive violations of religious liberty on adherents of the Islamic faith. Islamic religious institutions and leaders are fully incorporated into the state bureaucracy. Exploring the faith outside the bounds of “official Islam” is forbidden and illegal. The Helsinki Commission convened an expert panel of regional and Islamic scholars to explain the different approaches to state regulation of Islam in Central Asia and the consequences of these policies for religious freedom, radicalization, and long-term political stability and social development.

  • Helsinki Commission Briefing to Examine Relationship Between Mosque and State in Central Asia

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: MOSQUE AND STATE IN CENTRAL ASIA Can Religious Freedom Coexist with Government Regulation of Islam? Monday, December 17, 2018 3:00 p.m. Dirksen Senate Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission From 2016 to early 2018, the U.S. government designated three of Central Asia’s five nations— Tajikistan, Turkmenistan, and Uzbekistan—as countries of particular concern (CPC) for engaging in or tolerating “particularly severe violations of religious freedom” like torture, abduction, and clandestine or prolonged detention without charges. In these countries, people of all faiths, or no faith at all, have endured onerous government-mandated harassment, fines, and imprisonment for even minor breaches of state regulations of religious belief and practice. To ensure regime stability and counter violent extremism, the governments of some Central Asian Muslim-majority countries impose strict and invasive violations of religious liberty on adherents of the Islamic faith. Islamic religious institutions and leaders are fully incorporated into the state bureaucracy. Exploring the faith outside the bounds of “official Islam” is forbidden and illegal. The Helsinki Commission will convene an expert panel of regional and Islamic scholars to explain the different approaches to state regulation of Islam in Central Asia and the consequences of these policies for religious freedom, radicalization, and long-term political stability and social development. The following panelists are scheduled to participate: Kathleen Collins, Associate Professor, Political Science, and Russian and Eurasian Studies, University of Minnesota Edward Lemon, DMGS-Kennan Institute Fellow at the Daniel Morgan Graduate School of National Security Emil Nasrutdinov, Associate Professor of Anthropology, American University of Central Asia Peter Mandaville, Professor of International Affairs, Schar School of Policy and Government, George Mason University On December 11, 2018, Secretary of State Michael Pompeo re-designated Tajikistan and Turkmenistan as CPCs. He upgraded Uzbekistan to the Special Watch List—it had been previously designated as a CPC—based on recent progress. In June 2018, Helsinki Commission Chairman Sen. Roger Wicker (MS) urged Secretary of State Pompeo to consider inviting Uzbekistan to the first Ministerial to Advance Religious Freedom because of significant steps taken by President Mirziyoyev to bring Uzbekistan into compliance with its international commitments to respect religious freedom. Later that month, he introduced the bipartisan Senate Resolution 539 calling on President Trump to combat religious freedom violations in Eurasia with a mix of CPC and Special Watch List designations, individual and broader sanctions, and development of a strategy specifically for the region. In early July, the Parliamentary Assembly of the Organization for Security and Cooperation in Europe passed Chairman Wicker’s amendments recognizing the ongoing reforms of the government of Uzbekistan. A few weeks later Chairman Wicker met with Uzbekistan’s delegation to the Ministerial to Advance Religious Freedom—the only CPC invited—and highlighted the opportunity for Uzbekistan to be a model to other countries if the government follows through with essential reforms

  • Religious Freedom in Eurasia

      In his first Congressional hearing since his confirmation, Ambassador Brownback testified on religious freedom in participating States of the Organization for Security and Cooperation. OSCE commitments on human rights and freedoms are the strongest, most comprehensive of any security organization in the world. Yet some of its participating States chronically have been among the worst violators of religious freedom–often in the name of countering terrorism or extremism–and designated by the United States as Countries of Particular Concern. The Frank Wolf International Religious Freedom Act, Public Law 114-281, requires the President to release Country of Particular Concern designations–required by the International Religious Freedom Act of 1998–no later than 90 days after releasing the annual International Religious Freedom Report. The State Department issued the latest report on the day of the hearing. The Helsinki Commission explored the designations, as well as religious freedom in Western Europe, including potentially restrictive amendments to the religion law in Bulgaria; restrictions on religious animal slaughter; restrictions on construction of houses of worship; and conscience rights.

  • All Bets Are Off

    Corruption—including bribery, doping fraud, and match-fixing—permeates international sport. Despite a 2015 FBI investigation into the Fédération Internationale de Football Association (FIFA) that indicted more than twenty-five top FIFA officials and associates for alleged decades-long racketeering, wire fraud, and money laundering, international sport governance bodies remain compromised and U.S. athletes remain vulnerable. Corruption in sport has become an even more pressing concern following the U.S. Supreme Court’s May 14 decision declaring the Amateur Sports Protection Act unconstitutional, unleashing a sports gambling industry in the United States potentially valued at $400 billion. This lucrative and unregulated market may now be susceptible to the same globalized corruption that has come to define international sport. Panelists provided their insights into the structure of international sport, the globalization of sports gambling, and how to protect American sport from the corruption that has swept over the rest of the world.

  • December 1, 1991

    By Alexa Zouboukos, Intern On December 1, 1991, 84 percent of eligible voters in Ukraine exercised their democratic rights in a referendum on independence and the election of their president, peacefully transferring power after the long struggle of the Cold War. If the fall of the Berlin Wall signaled a symbolic end to the war, then Ukraine partaking in the democratic process was a concrete outcome. Three U.S. Helsinki Commission staffers sent to monitor the elections—Orest Deychakiwsky, Michael Ochs, and Heather Hurlburt—reported on the implementation of regulations that we recognize in today’s U.S. elections. Some of these regulations included the collection of a certain number of signatures for a candidate to be placed on the ballot, campaign finance laws, and the methodology for marking and counting ballots. Despite many accounts of a free and fair election, however, there were also indicators of information suppression. Helsinki Commission staff noted that there were reports of pro-independence literature being withheld from Crimea and Mykolaiv. Limits to the free flow of information were not the only threat Ukrainians faced, but also “dark warnings by Mikhail Gorbachev, by the central Soviet media and, to some extent, Russian media about the difficulties and dangers Ukrainian independence would pose to Ukrainians themselves, to their neighbors and to international stability.” These threats to the will of Ukrainian people did not dampen their spirits; in fact, according to the report, “many Ukrainians later told Helsinki Commission staff that such attempts to intimidate them only made them more determined to see their cause through to the end.” Ukrainian citizens demonstrated this determination through a landslide referendum. Three-quarters of participants voted in favor of independence. Helsinki Commission staff also observed a distinct feeling of festivity at polling stations, reinforced by the testimonies of Ukrainians previously imprisoned in Siberia who said that this day was the realization of a long-held dream of independence from the Soviet Union. Ukrainians were aware that there would be greater struggles ahead, but also recognized that these could be opportunities to exercise their new sovereignty. December 1, 1991 did not mark the end of Ukraine’s conflicts with Russia, but it did finally allow Ukrainians to exercise rights that were long suppressed under the Soviet yoke.

  • Corruption in Sport Focus of Upcoming Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: ALL BETS ARE OFF Gambling, Match-Fixing, and Corruption in Sport Tuesday, December 4, 2018 11:30 a.m. Russell Senate Office Building Room 188 Live Webcast: www.facebook.com/HelsinkiCommission Corruption—including bribery, doping fraud, and match-fixing—permeates international sport. Despite a 2015 FBI investigation into the Fédération Internationale de Football Association (FIFA) that indicted more than twenty-five top FIFA officials and associates for alleged decades-long racketeering, wire fraud, and money laundering, international sport governance bodies remain compromised and U.S. athletes remain vulnerable. Corruption in sport has become an even more pressing concern following the U.S. Supreme Court’s May 14 decision declaring the Amateur Sports Protection Act unconstitutional, unleashing a sports gambling industry in the United States potentially valued at $400 billion. This lucrative and unregulated market may now be susceptible to the same globalized corruption that has come to define international sport. Panelists will provide their insights into the structure of international sport, the globalization of sports gambling, and how to protect American sport from the corruption that has swept over the rest of the world. The following panelists are scheduled to participate: Declan Hill, Professor of Investigations, University of New Haven David Larkin, U.S. lawyer; co-founder of ChangeFIFA Marko Stanovic, Balkan-based former match-fixer Alexandra Wrage, President and CEO, TRACE International; former member of FIFA’s failed Independent Governance Committee

  • Lies, Bots, and Social Media

    From the latest revelations about Facebook to ongoing concerns over the integrity of online information, the U.S. public has never been more vulnerable or exposed to computational propaganda: the threat posed by sophisticated botnets able to post, comment on, and influence social media and other web outlets to generate a desired outcome or simply sow distrust and disorder.  What can be done to confront and defeat these malevolent actors before they dominate civil discourse on the Internet? One possibility is the use of algorithmic signal reading which displays for users the geographic origin of a given post. Another answer may lie in improving how websites like Facebook curate their content, so the user can make more informed choices.  At this Helsinki Commission briefing, distinguished experts examined the implications of computational propaganda on national and international politics and explored options available to Congress and the private sector to confront and negate its pernicious influence.

  • Helsinki Commission Leaders Regret Closure of Central European University in Budapest

    WASHINGTON—Ahead of the impending December 1 closure of Central European University in Hungary, Helsinki Commission Chairman Sen. Roger Wicker (MS) and Ranking Senate Commissioner Sen. Ben Cardin (MD) issued the following statement: “We regret that Central European University (CEU) in Budapest will cease its operations in Hungary because of restrictions imposed by the Government of Hungary. Since its founding after the fall of communism, CEU has symbolized the renewal of academic freedom, Hungary's robust intellectual traditions, and the ties between Hungary and the rest of the world. With CEU’s closure, the Government of Hungary is shuttering a highly successful economic enterprise and an institution of higher learning that has earned respect around the world. “We commend Ambassador Cornstein for his efforts to foster a successful outcome. Although CEU met every condition demanded of it, the Hungarian Government was resolved not to take ‘yes’ for an answer.  At a time when this administration has worked to forge closer ties with Hungary, the Government of Hungary is taking an isolationist step, and Hungarians will lose this U.S.-accredited institution.” In 2017, the Hungarian legislature adopted a higher education law known as “Lex CEU,” which established criteria for universities operating in Hungary that award foreign-accredited degrees. In practice, the law affected only CEU. At the 2017 OSCE Parliamentary Assembly (PA) in Minsk, Belarus, parliamentarians from OSCE participating States expressed concern about the legislation, which “risk[s] undermining academic freedom, inhibiting research and development, and impeding scientific advancement.”

  • Helsinki Commission Briefing to Examine Computational Propaganda

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing:   LIES, BOTS, AND SOCIAL MEDIA What is Computational Propaganda and How Do We Defeat It? Thursday, November 29, 2018 10:30 a.m. Senate Dirksen Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission From the latest revelations about Facebook to ongoing concerns over the integrity of online information, the U.S. public has never been more vulnerable or exposed to computational propaganda: the threat posed by sophisticated botnets able to post, comment on, and influence social media and other web outlets to generate a desired outcome or simply sow distrust and disorder.  What can be done to confront and defeat these malevolent actors before they dominate civil discourse on the Internet? One possibility is the use of algorithmic signal reading which displays for users the geographic origin of a given post. Another answer may lie in improving how websites like Facebook curate their content, so the user can make more informed choices.  At this Helsinki Commission briefing, distinguished experts will examine the implications of computational propaganda on national and international politics and explore options available to Congress and the private sector to confront and negate its pernicious influence. Expert panelists scheduled to participate include: Matt Chessen, Acting Deputy Science and Technology Advisor to the Secretary of State, U.S. Department of State Karen Kornbluh, Senior Fellow and Director, Technology Policy Program, The German Marshall Fund of the United States Nina Jankowicz, Global Fellow at the Woodrow Wilson International Center for Scholars' Kennan Institute

  • Interview with Georgia Holmer, Senior Adviser for Anti-Terrorism Issues, Organization for Security and Cooperation in Europe

    By Yena Seo, Communications Fellow Georgia Holmer, an expert on counterterrorism policy, recently visited the Helsinki Commission offices to discuss her portfolio at the Anti-Terrorism Issues Unit in the Transnational Threat Department at the OSCE Secretariat. At the OSCE, she oversees policy support and capacity building work on preventing and countering violent extremism and radicalization that lead to terrorism (VERLT). Ms. Holmer gave a short interview on her position at the OSCE and explained why she sees a human-rights based approach to counterterrorism to be critical. Holmer, who has worked on counterterrorism issues for over 20 years, observed that she “lived through an evolution in the U.S. government’s approach to terrorism that was quite extraordinary.” After spending 10 years as a terrorism analyst for the FBI, Holmer helped build analytic capacity at the Department of Homeland Security and taught classes on understanding radicalization. Later she directed the Countering Violent Extremism (CVE) program at the United States Institute of Peace, where she helped develop a strategic approach to violent extremism that harnessed peacebuilding tools. “We went from approaching terrorism as a security threat in which operations needed to be disrupted to realizing that there also had to be something done to prevent people from joining these groups and movements in the first place,” Holmer explained. “Not only did we begin to understand and address the root causes of terrorism but increasingly there was a realization that repressive measures in counterterrorism could actually exacerbate the problem. Upholding human rights as part of the effort to counter terrorism is necessary and can contribute to preventing violence in the long term.” Holmer acknowledged some of the pitfalls and counterproductive measures to be avoided in counterterrorism: a lack of due process and clear legislation, abusive treatment in detention facilities, and stigma and censorship against certain religious and ethnic groups can also fuel terrorist agendas and draw more people to violent extremism. These ideas led Holmer to pursue a degree mid-career in international human rights law at Oxford University. In 2017, Holmer was offered a position at the OSCE, and was drawn to its comprehensive approach to security. “I thought, here is a chance to work for an organization that had both a counterterrorism mandate and a human rights mandate. I think it’s a necessary marriage.” She sees the work she does in the prevention of VERLT to be directly relevant to human rights. “Programs to prevent radicalization that leads to terrorism not only ensure security, but they also help build more inclusive, resilient and engaged communities. This can also be understood inversely – upholding human rights is a pathway to preventing terrorism.” Holmer was further drawn to the OSCE because of its operational focus, pointing to the organization’s robust field operations presence. She stressed that the organization’s “on-the-ground presence” – particularly in the Western Balkans and Central Asia – allows it to develop close working relationships with governments and policymakers, giving it “a different level of reach.” For example, OSCE field missions in Dushanbe and Skopje have helped to convene stakeholders for important discussions, coordinate funders, and organize external partners for project implementation. Holmer considers the OSCE’s structure a strength when it comes to countering violent extremism. Holmer explained that because the OSCE is a political organization, its structure and activities invite states and other stakeholders to exchange ideas frankly. The OSCE’s annual counterterrorism conferences allow participating States to share opinions in a productive and meaningful manner. The OSCE frequently convenes policy makers and practitioners from its participating States to discuss measures to prevent radicalization leading to terrorism. Various seminars, workshops, and conferences have introduced concepts of prevention and helped advance the role of civil society in countering violent extremism. Holmer observed that while there is no “one-size-fits-all solution,” the organization regularly emphasizes the sharing and implementation of good practices. She also added that sharing good practices is only effective when efforts are made to tailor responses and approaches to a specific context. Measures to prevent need to incorporate an understanding of the nature of the threat in any given environment. She said the ways that individuals radicalize and the dynamics that influence people to become engaged in violent extremism differ. “What works in a rural village in Bosnia-Herzegovina versus what might work in Tajikistan might be completely different.” Holmer believes that through her role as Senior Adviser, she can continue working with member states to pursue “good practices” in the prevention of VERLT and support anti-terrorism within a human rights framework. “The aim of our work at the OSCE is to support participating states with the tools, the policy and legal frameworks they need to address these complicated challenges.” For more information, contact Alex Tiersky, Senior Policy Advisor for Global Security and Political-Military Affairs.

  • First Person: Faces of Ukraine

    By Rachel Bauman, Policy Advisor In the ongoing war in Donbas, now entering its fifth year, most of the people on the front lines—in some cases, literally—of Ukraine’s struggle for democracy and sovereignty go unnoticed. Minorities like Roma also often have special challenges that must be comprehensively addressed in Ukraine as well as Europe more broadly.  To meet some of these Ukrainians and hear their stories firsthand, I, along with my colleagues Mark Toner and Alex Tiersky and Dr. Cory Welt of the Congressional Research Service, traveled to Ukraine to gain a more nuanced understanding of war, politics, and everyday life in Ukraine. We were up before dawn for our first working day in Ukraine to make our way from the Kiev train station to Kramatorsk, a small industrial city in Donetsk Oblast that was briefly occupied by Russian-led forces in the early days of Russia’s war against Ukraine.  Kramatorsk and its surrounding regions are home to many internally displaced persons (IDPs) forced out of their homes by frequent shelling along the contact line separating Ukrainian government-controlled areas and Russian-occupied territories.  Our first meeting that day vividly illustrated the destruction this senseless war has unleashed on the lives of average Ukrainians.  Together with representatives of the International Organization for Migration (IOM), which receives generous support from the U.S. Government, and U.S. Ambassador to Ukraine Marie Yovanovitch, we heard stories of struggle, tragedy, and resilience from some recipients of this aid. One man told us that the cash-based assistance he received helped him make vital repairs to his car and house and buy clothing and food for his six children.  Two sisters expressed their gratitude for the small business grant they received, which allowed them to start anew when they realized they could not return to their home in Horlivka.  A tearful single mother recounted her struggle to subsist after her house was destroyed.  Another woman described the terrible nights spent in her basement seeking shelter from shelling.  All of them talked about the difficulties they faced—from long lines in harsh weather conditions to landmines and shelling—when trying to visit their families and homes on the other side of the contact line.  Despite these traumatic and life-altering circumstances, the support of the United States and international and local religious programs have enabled these IDPs to start a new life in another part of Ukraine. Our meeting with IDPs in Kramatorsk, Donetsk Oblast, along with U.S. Ambassador to Ukraine Marie Yovanovitch We learned more about the conditions of IDPs in Kramatorsk from city representatives.  The group expressed their concerns about the high rent and limited housing opportunities in Kramatorsk that make it hard for IDPs to live there permanently.  Of the 70,000 IDPs registered in Kramatorsk (a city of originally 120,000), only 50 percent live in the city. The other half are registered for benefits but continue to live in their homes along the line of contact or in the occupied zones. Those who live on the Russian-controlled side of the contact line must endure the arduous task of monthly travel to the other side to collect their benefits, including pensions. Crossing the line has become so dangerous and stressful that some of the IDPs we met earlier said that, although they had friends and family on the other side of the contact line, they have stopped trying to cross it. We were as impressed by the resiliency of these displaced people and the NGOs that have sprung up to help them with their legal and humanitarian needs as we were struck by the bleak outlook so many of them have for a peaceful, prosperous future. I also visited a small town about two hours from Kyiv with a sizeable Romani population to hear from the people themselves what it is like to live as a minority group in rural Ukraine.  The brisk weather and overcast sky mirrored the gloominess and poverty of the town compared to Kyiv.  Since we arrived early, a Romani woman invited us into the small house where she lived with her partner and nine children.  She explained that she was having difficulty securing government benefits for her children, who were already living in poverty.  She watched over the house and children, and her partner had a chronic disease which rendered him unable to work, so they survived thanks to the charity of several religious organizations and the government payments they received.  I heard similar stories about troubled relations with the regional and national governments from other members of the Roma community.  We met in the town library, a small, worn-down Soviet relic with no indoor plumbing that also serves as a local government office.  A portrait of Ukrainian President Petro Poroshenko and the Ukrainian trident adorned the wall behind the desk in the room.  A group of local Roma, some with small children, came in and sat down, speaking among themselves in Russian and Ukrainian.  A colleague from the U.S. Embassy and I introduced ourselves and began to ask questions about life for Roma in the town.  Everyone in the room insisted that they had no problems with their non-Romani neighbors, but noted that unemployment was a persistent problem; most adults in the group were illiterate or had only an elementary-level education.  Women generally tended to the children and the home, and the men foraged for mushrooms and berries or picked through trash for scrap metal and empty bottles.  They said that all their school-age children, in spite of their difficult circumstances, were enrolled in the local school.  Some mothers complained of discriminatory treatment toward Roma children in schools but emphasized that this meant slightly preferential treatment for non-Roma children rather than outright abuse.  They vehemently denied experiencing any incidents of nationalist violence in their isolated village, like those that have occurred in and around larger cities like Lviv and Kyiv. One of the Romani women that we met with invited us into her home, which she shares with her partner and nine children The group became visibly agitated when discussing their relationship with the government and their attempts to receive social services.  To receive these services, they need to file a declaration of income; since their incomes are typically irregular, government officials will write in a higher income than exists in reality, affecting their social payments.  Those who are illiterate are easily taken advantage of by regional officials (“they laugh at us,” one woman said), and often must sign documents they don’t understand.  Demands of some government officials for bribes also impede equitable access to social services for those who cannot afford to pay, one person mentioned.  There were mixed responses about healthcare access.  One man said that he had been denied hospitalization three times, but most others claimed they had no problems, and all the women who were mothers had given birth in the nearest hospital.  The village library where we met with members of the Romani community This group of Roma has a great advocate in the form of Valentyna Zolotarenko, who accompanied us on our visit.  She lives in Kyiv and serves as a liaison between Roma communities and the national government, representing their interests with care, understanding, and firmness.  Local government has also done a good job of ensuring that members of the Romani community have citizenship papers and proper documentation.  A local official who is particularly invested in the community told us upon departing of her personal concern for Roma in her town.  “I imagine how it would be if I were the one being treated this way,” she told us in Russian.  “I cannot simply do nothing—these people are people just like you and me.” Throughout our trip, we met numerous such people who are invested in the fight for Ukraine’s future, whether through civic activism, politics, or business.  We saw victims of a cruel and unnecessary conflict instigated and perpetuated by Russia, but we also saw courage, resilience, and a sense among civil society that there could be no turning back on human rights and other reforms.  It was an honor to witness the good work that Ukrainian NGOs, many supported with U.S. assistance, are doing to make a clear difference in the lives of others.

  • The Cold War Is Over, But The OSCE's Value Is Timeless

    History has shown that robust engagement in multilateral arenas represents long-term realism: to lead, we must be involved; to protect our national interests and the principles we hold dear, we must remain engaged; and to inspire those who suffer every day under authoritarian regimes, we must hold our own country to the highest standards on the world stage. Unfortunately, efforts to maintain America’s preeminence in the world have come under increasing pressure in recent years. These challenges are not isolated and are waged on many fronts – economically, militarily, and diplomatically. Some may use these challenges as an excuse to retreat, claiming that engagement in international organizations like the Organization for Security and Cooperation in Europe (OSCE) adds no value. We believe that quite the opposite is true. If we want to continue to lead, protect, and inspire, we need the OSCE’s opportunities for multilateral engagement more than ever. Amid the alphabet soup of institutional acronyms, many Americans probably have not heard of the OSCE, let alone know that it is the largest regional security organization in the world. Comprising 57 countries, it links Vancouver in the West to Vladivostok in the East, spanning North America, Europe, and Central Asia. We are members of the organization’s Parliamentary Assembly, where we have represented our country and our principles in a forum of international lawmakers for a combined 34 years. We have engaged the OSCE, as a whole, even longer. We know firsthand the value of U.S. leadership and sustained high-level engagement in the organization – and conversely, we know the enormous risks that would come with retreat. A Broader Definition of Security The essential, enduring value of the OSCE can be traced back to its founding and the ideological transformation that it quietly unleashed. In the 1950s, the Soviet Union first conceived the idea of the Helsinki Final Act. The founding charter of the Conference on Security and Cooperation in Europe, or CSCE, later institutionalized as today’s OSCE, would eventually be signed in 1975. Moscow saw the document as a way to validate post-World War II border changes and tighten its stranglehold on Eastern Europe. The Kremlin, no doubt, also hoped to create an alternative to NATO and weaken U.S. ties to Europe. As troops massed along the Iron Curtain after the Soviet-led invasion of Czechoslovakia in 1968, Europe began to see some value in greater East-West engagement. The United States saw the Soviet proposal as a damage-mitigation exercise at best. Secretary of State Henry Kissinger famously decried the Helsinki Final Act, saying, “They can write it in Swahili for all I care… The Conference can never end up with a meaningful document.” Opposition to the Helsinki Final Act was not limited to Foggy Bottom. The Wall Street Journal published the editorial “Jerry, Don’t Go” just prior to President Ford’s departure to sign the document in Finland, reflecting widespread opposition from U.S. foreign policy hawks and Americans across the country who descended from the “captive nations” of Eastern Europe. What most observers at the time overlooked, however, was the Helsinki Final Act’s uniquely comprehensive definition of “security.” The Act contains 10 principles guiding inter-state relations, including respect for human rights and fundamental freedoms; respect for sovereign equality; recognition of the territorial integrity of states; and the commitment of states to fulfill in good faith their obligations under international law. The integration of human rights into a concept of security was revolutionary. The Act also provided that any country signatory could publicly challenge any other country that wasn’t living up to Helsinki principles, either internally or externally. This was remarkable for its time. These two innovations made the Act a rallying point for human rights advocates everywhere, especially dissident movements in the one-party communist states of the Soviet bloc. Groups like Charter 77 in Czechoslovakia, Solidarity in Poland, and other monitoring groups in the Soviet Union and Baltic States that were crucial to the eventual collapse of communism in Europe relied on Helsinki commitments in their advocacy. With U.S. leadership, meetings of the CSCE also became venues for frank exchanges, where countries committing human rights abuses were named and victims identified. The strongest weapons in the U.S. arsenal – democratic ideals, market principles, and the primacy of individual rights – rallied European friends and allies, attracted Soviet satellites, and left Moscow isolated, if not fully convinced. Today's Inflection Point We were both serving in the House of Representatives shortly after the Soviet Union collapsed in the early 1990s. We were aware that the transitions ahead would be difficult, particularly as horrific ethnic cleansing spread in the Balkans and a brutal war was waged in Chechnya. Although we were on opposite sides of the aisle, we were joined in our conviction that liberal democracy would ultimately prevail throughout Europe and into Central Asia. Unfortunately, our confidence was dramatically misplaced. Thirty years later, instead of the peace and prosperity we expected in the OSCE region, we are at an inflection point, faced with uncertainty and the increasing erosion of the security framework that followed the Cold War. In recent elections, we’ve watched nationalist parties gain a strong foothold in Europe. NATO ally Turkey – one of the world’s most oppressive regimes toward journalists – is succumbing to authoritarian rule, weakening checks on executive power and targeting more than 100,000 perceived opponents of the ruling party in sweeping purges. Vladimir Putin continues to violate the sovereignty and territorial integrity of not just Ukraine – where, in areas controlled by Russia, pro-Ukrainian sentiment is met with imprisonment, torture, or death – but also Georgia, where Russia has occupied 20 percent of the country’s territory for more than a decade. The Russian government supports separatists in the Transnistrian region of Moldova, interferes in elections in the United States and Europe, and undermines faith in democratic governments worldwide through cyberattacks and information warfare. An era of increasing nationalism, Kremlin revisionism, and rising authoritarianism may not, at first, seem to be the best moment to revitalize multilateral diplomacy. But it has been, and will continue to be, in our national interest to promote democracy, the rule of law, and human rights around the world – just as we did more than 40 years ago in the Finnish capital. Those Helsinki commitments, and their institutionalization over time, empower us to stand up for our values and for comprehensive security at a time in which we absolutely must. In April 2017, we – along with every other senator currently serving on the Helsinki Commission – introduced a resolution urging President Trump to recognize the importance of the Helsinki Final Act and the OSCE as well as their relevance to American national security. We hope the administration will endorse this effort. A Record of Results The value of the OSCE and the effectiveness of American involvement are evident in the organization’s more recent evolution and achievements. This is no Cold War relic. We have seen examples of multilateral success in many initiatives, beginning with its quick embrace of newly independent states, from the Balkans to Eastern Europe and Central Asia. As multiethnic states broke apart, the OSCE created a high commissioner on national minorities in 1992 to address ethnic tensions and proactively prevent conflict between or within states over national minority issues. Participating states developed mechanisms to respond to the most recalcitrant actors, such as the unprecedented suspension of Yugoslavia the same year for the “clear, gross, and uncorrected” violations of Helsinki principles by the regime of Slobodan Milosevic against Bosnia and Herzegovina. Under OSCE auspices, internal political confrontations in Serbia in 1996 and Albania in 1997 were resolved through high-level engagement before they became a broader threat to peace and prosperity in Europe. The United States led the way, generating the political will to act quickly and with resolve. Robust field missions also were created in the 1990s to respond to conflicts, first in the Balkans and then extending into Eastern Europe, the Caucasus, and Central Asia. In some places, such as Kosovo, the OSCE often was the only acceptable international monitor or facilitator on the ground, serving as the eyes and ears of the international community, bringing opposing sides together, and mitigating spillover effects in neighboring countries. Today, the OSCE’s civilian Special Monitoring Mission (SMM) to Ukraine is the only independent observer group in the war zone. Established in 2014 to monitor implementation of the Minsk Agreements, its approximately 700 monitors provide clear and unbiased reporting of ceasefire violations and human costs of the conflict. Approximately half of the U.S. contribution to the OSCE goes toward funding the SMM. The mission faces challenges, including attempts to sabotage its work and concerns about security. The latter was tragically demonstrated by the death of Joseph Stone, a U.S. paramedic killed last year when his vehicle struck a landmine in separatist-controlled territory. Without the SMM’s reporting, however, we would lack critical information to understand and address ongoing Russian aggression against Ukraine. Kremlin propaganda would have a clear field to disguise the true nature and scale of the conflict. The OSCE also sets the gold standard for election observation across the region. The organization’s trained observers partner with international lawmakers, including ourselves, to analyze election-related laws and systems and the effectiveness of their implementation. The evaluations that these missions produce are critical benchmarks for OSCE countries and support U.S. efforts to promote human rights, democracy, and the rule of law around the world. Pressure from the organization and its participating states has been a major factor in the release of political prisoners in countries like Azerbaijan. For example, the OSCE Office for Democratic Institutions and Human Rights, the OSCE Representative on Freedom of the Media, and the OSCE Parliamentary Assembly publicly condemned Baku for its targeting of investigative journalist Khadija Ismayilova and the broader use of its judicial system to repress political opponents, journalists, and minorities. The Helsinki Commission also weighed in. In May 2016, Ismayilova was released from prison. Our actions in this and similar cases demonstrate global leadership. We welcome the recent nomination of a new U.S. permanent representative to the OSCE. This important post has remained vacant for far too long. We urge our Senate colleagues to swiftly consider the nominee, who will be responsible for leading America’s vigorous defense of democracy and human rights in the region. Let us also not overlook the fact that our work in the OSCE in relation to Russia is not simply to counter Moscow’s anti-democratic ambitions. Follow-up meetings to the original Conference on Security and Cooperation in Europe became one of a shrinking number of places where East-West dialogue could take place during the Cold War. Likewise, after Russia was suspended from the G8 in March 2014, today’s OSCE provides one of the few remaining opportunities to engage with Russia and hold the Kremlin accountable to principles it has endorsed. Russian Foreign Minister Sergei Lavrov attends OSCE ministerial meetings, where he easily – and with great success – engages with senior officials from around the region. That alone should encourage our secretary of state to be present. Secretary Tillerson attended the 2017 ministerial, and we urge Secretary Pompeo to do the same. Future Challenges Along with successes, we also have seen areas where multilateralism has fallen short. Areas like Nagorno-Karabakh, Transnistria, Chechnya, Abkhazia, and South Ossetia have consumed OSCE attention and resources, but unfortunately, the organization’s actions have not thawed these frozen conflicts. The OSCE may have kept things from getting worse than they might have been otherwise; this is something to praise, but cannot yet be counted as a win. These efforts have been hindered in part by the otherwise positive requirement that major decisions in the organization require consensus. This rule is vital to the OSCE’s success. The organization can convene all parties on an even footing and – because no country can claim that it didn’t voluntarily agree to its commitments – the rule gives unique force to the OSCE’s actions. However, decision-making by consensus also allows a single intransigent country to wield its veto as a weapon, even in cases of otherwise overwhelming agreement. In 2008, Russia successfully blocked the OSCE from establishing a field mission in Georgia as Russian-backed separatists occupied South Ossetia and Abkhazia. Since then, resistance to hosting or authorizing field missions, a core capability of the OSCE, has spread. Belarus kicked out its OSCE mission in 2011. Azerbaijan forced the mission in Baku to close in 2015, and two years later, it insisted on the shuttering of a mission in Armenia. Mongolia, the newest OSCE participating state, has repeatedly requested a mission to foster its continued democratic development and build closer ties with other participating states. Moscow consistently blocks that request. A related and ongoing problem is the lack of transparency of the OSCE’s decision-making. Opening its official deliberations to the public would help make those countries that thwart progress more broadly accountable for their recalcitrance. A more recent challenge comes from the government of Turkey. Ankara continues to use the 2016 coup attempt as pretext for not only violently repressing its citizens and detaining others, including Americans, but also for limiting the participation of non-governmental organizations in certain OSCE meetings. The OSCE is the only international organization that allows NGOs to participate equally with governments in meetings on human rights commitments, allowing these groups to raise their concerns directly. If Turkey has its way, human rights groups might be denied a seat at the table. It is easy to imagine which countries quietly hope this effort will succeed. The United States must continue to make it clear that it is not one of them. Indeed, the moral here is that the United States should not only support the strengths and potential of the OSCE, but we must also be present and potent when progress and principles are challenged within the organization. Our colleagues in both chambers of Congress have the passion and determination to do just that. In these days of partisan discord, we must remember – and treasure – the fact that Congress is broadly committed to the principles enshrined in the Helsinki Final Act: respect for human rights and fundamental freedoms, democratic principles, and liberty. We see this in the establishment of the Helsinki Commission itself, a unique agency conceived by Congress to strengthen the legitimacy of human rights monitoring, defend those persecuted for acting on their rights and freedoms, and ensure that violations of Helsinki provisions are given full consideration in U.S. foreign policy. The OSCE’s broad membership and comprehensive definition of security make it an ideal platform to advocate for our interests in a vital region. Its institutions remain singularly placed to moderate regional conflicts, promote respect for human rights, and safeguard essential elements of democracy. We have not only the right, but also the duty, to hold countries responsible if they fail to adhere to the basic principles that we all agreed to in 1975. We also have the responsibility to hear and consider other participating states when they feel that the United States is not fully meeting our commitments. Leading by example means that we must be held accountable, too. At this critical juncture, when the rules-based order appears particularly fragile, any weakening or absence of the OSCE could irreversibly damage the chances for democracy and peace in the region. We must not allow that to happen – and the key is our own steadfastness, in words and deeds. Roger Wicker (@SenatorWicker) is chairman of the U.S. Helsinki Commission and a vice president of the OSCE Parliamentary Assembly. A member of the Republican Party, he has represented Mississippi in the Senate since December 2007. He previously represented Mississippi for 13 years in the House of Representatives. Ben Cardin (@SenatorCardin) is ranking Senate member of the U.S. Helsinki Commission. He serves as special representative on anti-Semitism, racism, and intolerance for the OSCE Parliamentary Assembly. A member of the Democratic Party, he has represented Maryland in the Senate since January 2007 after 20 years in the House of Representatives.

  • Belarus Reality Check

    On October 22, 2018, over 50 international analysts, practitioners, diplomats and policymakers gathered in Vilnius, Lithuania, for the eighth Belarus Reality Check, a full-day review of the Belarusian economy, political and human rights developments, and changes in the regional security situation in and around Belarus. Former Helsinki Commission Senior State Department Advisor Scott Rauland joined representatives of the IMF, the World Bank, Lithuania’s Foreign Ministry, the EU Ambassador to Belarus, and dozens of analysts from Belarus, Lithuania, Latvia, Poland, Ukraine, Germany, and other European nations for the event. Political Developments in Belarus During the first panel, presenters noted that sovereignty and stability remain top priorities for the Government of Belarus. Despite a great deal of work by the OSCE’s Office of Democracy Institutions and Human Rights (ODIHR) in recent years, its recommendations to improve Belarusian elections have still not been implemented, and panelists were skeptical that any action would be taken before parliamentary and presidential elections scheduled for 2020.  Although the Belarusian political opposition remains divided and marginalized, several panelists believed that support for the opposition is growing.  Unfortunately, there was consensus that Russian malign influence in Belarus is also growing, primarily via Russian exploitation of social media platforms in Belarus. The Belarusian Economy The second panel featured four presentations that examined challenges facing the Belarusian economy and analyzed the country’s agonizing choice between beginning long-overdue reforms or remaining dependent on Russian subsidies for oil and gas to shore up failing state-owned enterprises (SOEs).  Panelists pointed out that— due largely to those subsidies—the Belarusian economy has fared better than many of its neighbors for years, and that Belarusians enjoy a better standard of living than a number of their Eastern European counterparts.  Polling by the IPM Research Center has shown that a top priority for Belarusians, and thus for the Government of Belarus, is low inflation.  According to the same study, most Belarusians are satisfied with the current state of affairs. Should the subsidies end, Belarus could face a true crisis.  Belarusian Foreign Policy The final panel discussed Belarusian relations with its neighbors—strangely including China, but omitting the U.S.  Positive trend lines were noted for Belarusian relations with all major countries except Russia, and international organizations have demonstrated increased interest in Belarus. In particular, OSCE Secretary General Greminger visited Belarus for a third time in 2018.  Anaïs Marin of France, recently appointed as UN Special Rapporteur on Belarus, remarked that progress had been made by Belarus on its 2016 National Action Plan on Human Rights, but described continuing Belarusian support of the death penalty as something that required continued scrutiny by the international community.  One analyst took EU policy to task for “aiming at progress, not results.”  Russian policy in Belarus, he claimed, is intended to produce results—namely, to keep Belarus under control and on a short leash.  Another panelist described the conundrum of trying to contain Russian influence in Belarus: “We can’t get rid of Russian influence (money) in Latvia or London; how can we expect to get them out of Belarus?” In a concluding question and answer session, Rauland—who served as charge d’affaires at the U.S. Embassy in Minsk from June 2014 through July 2016—asked the panel to comment on the diverging EU and U.S. strategies on Belarus, noting that the EU had decided to lift sanctions on Belarus completely in 2016, while the U.S. had merely suspended them while awaiting further improvements in human rights.  The panelist who responded to that question described EU policy as a mistake, noting that political prisoners had been released (the event which triggered sanctions relief by the EU), but that their civil rights had not been restored, something he felt should have been a condition for the EU completely lifting sanctions. Answers to a question earlier in the day, asking whether panelists were optimistic about the future for Belarus, may have captured the range of views of the participants best of all.  “Yes,” replied the first to answer.  “I’m ‘realistic’ about progress,” replied the next panelist.  “And I’m an optimistic realist,” concluded the third. The event was organized by the Eastern Europe Studies Centre with the support of USAID, Pact and Forum Syd, together with programmatic contributions from the Carnegie Endowment for International Peace.

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