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Safe and Dignified Return

Action at the OSCE PA

In July, nearly 300 parliamentarians from the 57 OSCE participating States met for the OSCE Parliamentary Assembly (PA) 2019 annual session in Luxembourg, where they addressed in a final declaration the wide range of issues of current concern to the organization. Of these issues, none received more attention than those relating to human rights and humanitarian questions; the relevant section of the declaration contained more than 180 paragraphs. Leading subjects of concern included the treatment of investigative journalists, manifestations of discrimination and intolerance in society, gender inequality, and efforts to stifle dissent. The text also focused heavily on migration, including the rights of refugees.

During the consideration of a final text for adoption, Rep. Sheila Jackson Lee (TX-18), who has been active in representing the United States at OSCE PA meetings in recent years and serves on the OSCE PA’s Ad Hoc Committee on Migration, proposed an amendment underlining the importance of the right of safe return of refugees. Her amendment, co-sponsored by other members of Congress and by parliamentarians from Cyprus, Georgia, Ireland, Italy, and North Macedonia, made clear that returns should not only be safe, but also voluntary and dignified. The adopted text, included in the Luxembourg Declaration, reads as follows:

“The OSCE Parliamentary Assembly underlines that the right of voluntary, safe and dignified return for refugees and internally displaced persons to their homes and properties must be guaranteed;”

The concept of voluntary return is at the heart of binding international law on refugees. The 1951 Convention Relating to the Status of Refugees states, “No Contracting State shall expel or return (‘refouler’) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.”

The convention originally was restricted to people who became refugees because of “events occurring in Europe before 1 January 1951.” The 1967 Protocol Relating to the Status of Refugees, which removed the convention’s time and geographic restrictions, maintains the binding “non-refoulement” obligation. There are only a few exceptions on “grounds of national security or public order” and only after “due process of law.”

According to the Guiding Principles on Internal Displacement, presented in 1998 by the United Nations Secretary General’s Representative on Internally Displaced Persons, “Competent authorities have the primary duty and responsibility to establish conditions, as well as provide the means, which allow internally displaced persons to return voluntarily, in safety and with dignity, to their homes or places of habitual residence, or to resettle voluntarily in another part of the country.” The principles are not legally binding on governments, but they are the point of reference for how a government should respond to internally displaced persons.

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Press Releases

CSCE Leadership Welcomes New Executive Branch Commis...

Nov 07, 2023

WASHINGTON—The U.S. Commission on Security and Cooperation in Europe (CSCE), also known as the U.S. Helsinki Commission, today announced the appointment of three Executive Branch Commissioners to the Commission. CSCE welcomed Assistant Secretary of Defense for International Security Affairs Celeste Wallander, Deputy Secretary of Commerce Donet Dominic Graves, Jr., and Department of State Coordinator for […]

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Articles

Helsinki Commission Advances Human Rights, Demands f...

Oct 19, 2023

By Shannon Simrell, Senior Policy Advisor Between October 2-13, 11 Helsinki Commission staff joined approximately 1,400 representatives of OSCE participating States (pS) and civil society representatives in Warsaw, Poland in an annual review of the human rights records of OSCE States. U.S. leadership highlighted demands for accountability from Russia and Belarus for their human rights […]

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Press Releases

Hearing: Has the United Nations Failed Ukraine and t...

Sep 27, 2023

Wednesday, September 27, 2023 2:00 pm to 3:30 p.m. Rayburn House Office Building Room 2200 Stream live here: https://www.youtube.com/watch?v=RrBXYsQA0Qk In 2022, Russia launched a full-scale invasion of Ukraine and the largest land war in Europe since World War II. In its wake, experts and leaders like President Zelenskyy raise serious questions whether a United Nations […]

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Hearings

Has the UN failed Ukraine and the World?

Sep 23, 2023

  Many leaders and experts argue that the United Nations has struggled to uphold Article I of the UN Charter which mandates the UN to “take effective collective measures for the preventions and removal of threats to the peace,”. Russia, a permanent member of the United Nations Security Council, has been blocking actions to defend […]

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Hearings

Vladimir Kara-Murza: Putin’s Personal Prisoner

Sep 20, 2023

Stream here: HEARING: Vladimir Kara-Murza: Putin’s Personal Prisoner – YouTube Vladimir Kara-Murza, a father, husband, and a freedom fighter, has been in detention for over five hundred days and is currently being transferred to a prison in Siberia. As he is being moved, his family has lost all contact with him and are faced with worry […]

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Press Releases

HEARING: RESCUING UKRAINIAN CHILDREN AND WOMEN FROM ...

Jul 19, 2023

Wednesday, July 26, 2023 10:00 a.m. to 11:30 a.m. Rayburn House Building room 2200 Streaming here: https://www.youtube.com/watch?v=_n-NyI5xjt8 Russia’s war has exposed the critical need for U.S. and international action to both save Ukraine’s children and to put in place measures for the future that will protect children, as well as vulnerable refugees around the world, […]

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Articles

United States Demonstrates Global Leadership on Ukra...

Jul 14, 2023

The Helsinki Commission’s four senior leaders helmed the United States’ bicameral, bipartisan delegation to the 30th Annual Session of the OSCE Parliamentary Assembly last week in Vancouver, Canada. Co-Chairman Senator Ben Cardin (MD), serving as Head of Delegation, was joined by Chairman Joe Wilson (SC-02) as Deputy Head of Delegation as well as Ranking Members […]

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Press Releases

Helsinki Commission Chair and Co-Chair Lead Delegati...

Jul 10, 2023

WASHINGTON—Helsinki Commission Co-Chair Senator Ben Cardin (MD) and Helsinki Commission Chair Representative Joe Wilson (SC-02) led a bipartisan Congressional delegation to the 30th Annual Session of the OSCE Parliamentary Assembly (OSCE PA) in Vancouver, Canada from June 30-July 4. As Head of Delegation and Deputy Head of Delegation respectively, Senator Cardin and Representative Wilson welcomed the […]

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Press Releases

MICHAEL GEFFROY APPOINTED HELSINKI COMMISSION GENERA...

Jun 15, 2023

WASHINGTON—Rep. Joe Wilson (SC-02), Chairman of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced the appointment of Michael Geffroy as General Counsel to the Commission. “The Helsinki Commission welcomes Mr. Geffroy. His rich national security, legal, and military background, as well as his service at senior […]

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Hearings

Protecting Ukrainian Refugees from Human Trafficking

Apr 07, 2023

More than 4 million refugees have fled Ukraine since Russia’s massive invasion on February 24, in the largest migration of people in Europe since the Second World War. Given Ukraine’s exit restrictions on males from 18-60, the vast majority of those are women and children. Most cross the Ukrainian border without resources or a place […]

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Press Releases

Steven Schrage Appointed Helsinki Commission Executi...

Mar 24, 2023

WASHINGTON—Rep. Joe Wilson (SC-02), Chairman of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced the appointment of Dr. Steven P. Schrage as Helsinki Commission Executive Director. “The Helsinki Commission welcomes Dr. Steven Schrage to its already impressive team. His rich foreign policy experiences and academia background […]

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Hearings

North Macedonia’s Leadership of the OSCE in a ...

Feb 28, 2023

North Macedonia has taken up leadership of the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—a year into Putin’s brutal invasion of Ukraine. Much of the OSCE’s focus over the past year has revolved around responses to the war, including using the organization to condemn Russian aggression and hold the […]

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