OSCE SHDM on Digital Technology and Human RightsMonday, July 26, 2021
OSCE Conference on Risks and Opportunities Posed by Digital Technologies On July 12 and 13, 2021, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) held the third Supplementary Human Dimension Meeting (SHDM) of the year, titled "Digital Technologies and Human Rights - Opportunities and Challenges." The virtual conference included representatives from 45 OSCE participating States; a dozen OSCE missions and institutions, including the OSCE Parliamentary Assembly; more than 140 academic, national, and non-governmental human rights institutions; and international organizations like the Council of Europe, European Union, and the United Nations. Digital technologies affect human rights, gender equality, and the rule of law, and in her opening remarks, Swedish Foreign Ministry Director-General for Political Affairs Elinor Hammarskjöld stressed the nexus between digital technologies and Swedish OSCE Chairpersonship-in-Office (CiO) priorities. The COVID-19 pandemic underscored how the digital divide disproportionately affects women and girls, she explained, and stressed the threat that widespread use of digital technologies can pose to fundamental freedoms if used indiscriminately by authorities. Panelists highlighted opportunities for digital technologies to benefit societies and human rights defenders, as well as dangers they can pose to human rights. Maia Rusakova, associate professor of sociology at St. Petersburg State University, warned that data collection technologies have facilitated online recruitment by human traffickers. However, facial recognition, artificial intelligence, and tracking blockchain financial transactions and social media activity could play a role in combatting the digital threats of human trafficking. Susie Alegre, an associate at the human rights NGO Doughty Street Chambers, highlighted how cutting-edge data collection can raise awareness of threats to human rights, support investigations, facilitate positive social change, and support human rights defenders. Examples include Data 4 Black Lives, eyeWitness to Atrocities, Forensic Architecture, and Bellingcat. Elif Kuskonmaz, a lecturer at the University of Portsmouth, cautioned that misuse of facial recognition technology could pose threats to peaceful assembly and freedom of speech, and that it could be exploited to wrongfully detain citizens. To prevent such abuse, she recommended that participating States adopt adequate legal frameworks concerning the collection, use, storage, and sharing of personal data. She urged all participating States to review the Council of Europe's Convention 108+, which addresses personal data collection in a national security context. Other panelists explored the capacity of artificial intelligence systems to reinforce existing structural inequalities through algorithms and the subsequent human rights implications. Civil Society Concerns about Government Use—or Abuse—of Digital Technology Civil society participants shared human rights concerns related to governmental use of digital technologies. Many urged the OSCE to call out repressive behavior and help participating States establish adequate legal protections against misuse. Several urged the United States and the European Union to target sanctions against the worst offenders. Many participants also took the opportunity to raise human rights concerns directly with government officials, and alleged misuse of data collected by government agencies to persecute human rights defenders, social activists, and their families. For example, civil society activists from Kazakhstan accused the government of conducting digital surveillance and censorship on NGOs and activists, and they complained that mandatory “security certificates” allow the government to monitor and block use of non-government-controlled social media sites such as Facebook, YouTube, and Instagram. Other NGOs raised concerns about Spain's treatment of protesters in Catalonia, Greece's treatment of Turks in Western Thrace, and Russia’s occupation of Ukraine, including Crimea. A German NGO called for the abolition of facial recognition technology due to its use by law enforcement to profile specific ethnic groups and minorities, including Roma and Sinti. Civil society participants also expressed concerns over participating States’ use of digital technology to target dissent by deploying spyware against individuals, spreading misleading government-sponsored content, and silencing protest groups and democratic movements. Several NGOs argued that their governments exploited conditions imposed by the pandemic to use surveillance camera footage, geolocation data, and contact tracing as part of a domestic surveillance campaign to discourage public political dissent. Participants highlighted how technology has been used to spread racist messaging, including the racist abuse of English football players following the recent Union of European Football Associations Euro 2020 matches. Many voiced their dismay that social media companies do not hold accountable individuals who spread racist content. Participants recommended that social media companies implement more robust algorithms to detect racist remarks. Participating States Respond Several participating States addressed the use of technology. The European Union recognized the importance of addressing human rights abuses that arise from the misuse of digital technologies. Turkey responded by touting its 2016 law on data protection and emphasizing its multiculturalism. The Holy See responded that it is necessary to improve education in proper use and effects of technology. The Holy See also called for international regulations to guarantee the protection of human rights and fundamental freedoms, including the right to private personal electronic communication.
Ranking Member Joe Wilson on July 2021 Congressional DelegationWednesday, July 21, 2021
Mr. Speaker, this month, I was grateful to participate in a Congressional delegation of the OSCE Parliamentary Assembly led by Senator Roger Wicker and Senator Ben Cardin. It was inspiring to see the extraordinary economic advances of Estonia and Bulgaria. In Tallinn, Estonia, we were welcomed by the dynamic Prime Minister, Kaja Kallas, and the dedicated Foreign Minister, Eva-Maria Liimets. While in Tallinn, we learned that Russian diplomats had been expelled in April across the Baltics to join the protest of the Czech Prime Minister, Andrej Babis, exposing the irrefutable evidence that two Russian GRU agents were behind the 2014 ammunition depot explosion at Vrbetice, which killed two persons. The same two Russian agents named by the Czech Republic are suspected by British authorities for poisoning former Russian double agent Sergei Skripal and his daughter in England in 2018. The Czech Republic has correctly demanded Russia pay for damages.
Sweden's Leadership of the OSCEFriday, June 11, 2021
In 2021, Sweden chairs the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—which comprises 57 participating States stretching from North America, across Europe, and to Central Asia and Mongolia. Even as the OSCE begins to emerge from the global COVID-19 pandemic, it is tackling other critical challenges, including Russia’s ongoing aggression in Ukraine, protracted conflicts in Moldova and Georgia, and the pursuit of a lasting and sustainable peaceful settlement of the Nagorno-Karabakh conflict through the framework of the Minsk Group. Meanwhile, several countries are deliberately spurning their OSCE commitments to human rights, democracy, and the rule of law. Participating States including Russia, Belarus, and Turkey not only stifle dissent in their own countries but also seek to undermine the OSCE’s work defending fundamental freedoms and curtail civil society’s participation in OSCE activities. Other shared challenges include combating human trafficking, countering terrorism and corruption, and protecting vulnerable communities, including migrants, from discrimination and violence. At this virtual hearing, Swedish Foreign Minister and OSCE Chairperson-in-Office Ann Linde discussed Sweden’s priorities for 2021 and addressed current developments in the OSCE region. Related Information Witness Biography
COVID-19 Vaccination Rollouts Expose Underlying Inequalities, Underscore the Need for Equitable, Coordinated Response to Global Health CrisesMonday, June 07, 2021
By Michelle Ngirbabul, Max Kampelman Fellow, and Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE More than one year into the COVID-19 pandemic, over 169 million cases and nearly four million deaths have been reported worldwide. The development and rollout of mass vaccination campaigns have proved to be the most effective, and most important, tools in combating the deadly virus. However, supply chain issues and geopolitical struggles have plagued vaccine rollout efforts, and subsequent delays have exposed and exacerbated existing social, health, and economic inequalities within and among OSCE participating States. To control the ongoing pandemic and prepare for the threats of future global health crises, governments must rely on extensive cooperation and coordination to ensure that vaccination programs and relevant policies are equitable among States. COVID-19 Vaccinations are the Key to Ending the Pandemic Vaccines always have been an important part of managing public health crises. During the COVID-19 pandemic, pharmaceutical companies based in the United States, Germany, China, India, Russia, the United Kingdom, and Sweden rapidly developed the nine leading approved or authorized coronavirus vaccines using various approaches. Vaccines produced by Pfizer, Moderna, Oxford-AstraZeneca, and Johnson & Johnson have been approved or authorized for wide use either in Europe or the United States. The U.S. Food and Drug Administration granted emergency use authorization (EUA) to the Pfizer and Moderna vaccines in December 2020 and to Johnson & Johnson’s Janssen vaccine in February 2021. Likewise, the European Medicines Agency authorized Pfizer for use in December 2020 and Moderna, AstraZeneca, and Janssen in early 2021. The highly effective vaccines inspire hope that an end to the pandemic may soon be within sight both at home and abroad. Systemic Challenges Hampered Effective Vaccination Rollout Despite the number of approved vaccines available, systemic challenges have impeded vaccine procurement and rollout. For example, in the weeks following the Moderna and Pfizer vaccines’ EUA, vaccine supply shortages, bottlenecks in distribution by manufacturers and production errors, and bureaucratic challenges complicated distribution amid a surge in demand globally. While Moderna and Pfizer expanded production, in the absence of a clear national strategy, confusion, delays, and shortages plagued early U.S. vaccination efforts. Across the Atlantic, the European Union’s stuttering vaccination rollout was beset by vaccine shortages, partially due to its insistence on a joint EU vaccine procurement strategy and related bureaucratic delays. Unlike the United States and other countries that rushed to secure agreements with vaccine producers as early as August 2020, the EU’s 27 Member States were caught in lengthy price negotiations, forcing the region to wait at the back of the line to receive shipments. Shortly thereafter, the region’s vaccination efforts were dealt a massive blow when AstraZeneca, the company with which EU leaders signed a contract for at least 300 million doses of its COVID-19 vaccine, informed leaders in January that it was unable to meet agreed supply targets for the first quarter. Despite missteps, at least 12 of the EU’s 27 countries remain confident they will reach targets to vaccinate at least 70 percent of the adult population by the end of summer 2021. Pre-existing socioeconomic inequalities within countries have further complicated early vaccination rollouts. In the United States, the lack of a coordinated, federal response led to the significant disparity of access to vaccinations, varying widely depending upon one’s location, age, occupation, and underlying health conditions. Similarly, the United Kingdom reported lower vaccination rates among Black, Asian, and minority ethnic groups. Additionally, inequalities among countries also severely impacted efforts to control and end the pandemic. Vaccine Nationalism and Inter-State Competition Vaccine shortages also disproportionately affected certain countries in the EU, leading to inter-state competition for vaccines and varied vaccination rates among states. Frustrated with slow vaccine deliveries, authorities have coordinated restrictions on exporting vaccines—Italy, for example, had blocked a shipment of the AstraZeneca vaccine bound for Australia and warned of possible vaccine export restrictions to non-reciprocating countries outside the bloc. In March 2021, European Commission President Ursula von der Leyen stated that the EU would not consider donating vaccine supplies to developing countries until they have “a better production situation in the EU,” as the bloc struggles to maintain its own supply of vaccines EU unity was further challenged as leaders from Austria, Bulgaria, Croatia, the Czech Republic, Latvia, and Slovenia complained to Brussels that vaccines were not being proportionately delivered as originally agreed in the EU’s joint vaccine strategy. Under the modified agreement, less wealthy EU states that could not afford the more expensive Pfizer or Moderna vaccines were forced to wait for AstraZeneca vaccines amid ongoing shortages. The protesting states were also those that had received the lowest number of vaccines at that time, which raised concerns about individual states’ progress to vaccinate their populations and reach herd immunity. Despite early concerns of sustained and widening disparities, technical specifications agreed in April have charted a course for the bloc’s Digital Green Certificates—a digital COVID-19 vaccination record program to be launched in June 2021. Emerging Vaccine Diplomacy Political, economic, and logistical challenges created an opening for Russian and Chinese influence in the region through so-called “vaccine diplomacy.” Amid shortages and uncertainty, Russia and China have filled the vaccine gap by offering exclusive deals or free vaccines in dozens of countries globally. In August 2020, Russian President Vladimir Putin announced that Russian regulators had licensed Sputnik V, the world’s first COVID-19 vaccine, and claimed that clinical trials demonstrated an efficacy rate of over 90 percent. In December 2020, approximately one month after Pfizer and Moderna received approval in the United States and the European Union, China-owned Sinopharm also brought its vaccine to market, claiming a 79 percent efficacy rate. Global experts in vaccine immunology and epidemiology have since criticized Moscow’s and Beijing’s lack of transparency, questioned the reliability of clinical trial data, and raised safety concerns. Despite such skepticism, Russia and China are determined to implement an elaborate international rollout of their vaccines to strengthen their influence abroad, even at the expense of their domestic vaccinations. Between the two countries, China and Russia have secured deals to supply more than 800 million vaccine doses in 41 countries. Hungary, the Czech Republic, and Slovakia were among the first European countries to forego waiting for Sputnik V’s and Chinese-made Sinopharm vaccine’s full approval or authorized emergency use from the European Medicines Agency. In mid-February, 500,000 doses of the initial batch of five million Sinopharm vaccines arrived in Hungary, making it the first member of the EU to receive the Chinese vaccine and authorize emergency use within the country. As of May 2021, nearly 60 countries have registered to administer the Sputnik V vaccine, including OSCE participating States Azerbaijan, Belarus, Hungary, Kazakhstan, Moldova, North Macedonia, Serbia, Slovakia, Ukraine, and Uzbekistan. Austria seemingly used negotiations with Russia for one million doses to bolster its bid for a greater portion of the EU’s pool of bloc-approved vaccines. Although Sputnik V is not approved for use in the EU and received negative ratings by Russia’s own domestic drug regulating body, Slovakia authorized the vaccine for use in late May and followed Hungary as the EU’s second country to administer the Sputnik V vaccine. In Hungary, which leads the EU in COVID-19 deaths per capita, demand remains high for EU-approved doses despite a pervasive government-supported campaign to increase interest in Russia’s jab. As countries attempted to procure vaccines, the Russian Direct Investment Fund was reaching deals with various companies in Italy, Spain, France, and Germany to produce Sputnik V, pending approval by the European Medicines Agency, promising to deliver vaccines for 50 million Europeans from June 2021. China has also signaled further investments in vaccine donations, particularly in countries in or near the Western Balkans—as they turn towards Russia and China for COVID-19 vaccine doses amid the EU’s struggles, intensifying the EU’s geopolitical problem. Adapting Approaches to Meet Emergent Challenges The emergence of varied and highly transmissible mutations of the virus risk in late 2020 and early 2021 outstripped the ability of vaccines to contain the virus, led to the extension or reintroduction of lockdowns, hampered economic recovery, and overburdened health care systems. Emergent variants have further highlighted the need to prioritize vaccination rollouts amid spiking case numbers. Also underscored is the role that effective vaccination programs can play to limit threats against democracy and misuse of global crises by corrupt leaders. Across the globe, challenges posed by the pandemic have provided governments with pretexts to consolidate power and restrict civil and human rights through measures such as imposed lockdowns, allegedly to curb high case counts or deaths. For example, Hungarian Prime Minister Viktor Orbán assumed extraordinary emergency powers with no sunset clause to seize unchecked power. While Orbán eventually opted to remove the most widely-condemned feature of his emergency powers in January 2021, the other elements of the measure remain in place. Systemic challenges also exist in inequities among countries as wealthier countries stockpiled batches of vaccines despite the efforts of COVAX—a global program led by the Coalition for Epidemic Preparedness Innovation (CEPI), GAVI, the WHO, and UNICEF that aims to ensure equitable distribution of COVID-19—to help prevent vaccine stockpiling and subsequent inequities. However, there is hope. An EU summit in March 2021 led to an agreement to improve vaccine production and distribution to its Member States and abroad. As of mid-May 2021, COVAX has shipped more than 59 million vaccines to 122 countries. In the United States, the Biden administration launched a campaign to improve cooperation among industry rivals, increase vaccine production and distribution, promote access to reliable information, enhance cooperation with the EU, and waive vaccine patents. Increased U.S.-EU cooperation could alleviate vaccination shortages, secure supply chains, successfully and safely develop vaccine passports, and achieve widespread resistance to the virus and its powerful variants to save lives and reopen the global economy. Lessons Learned for a More Equitable and Secure Future Vaccines have the potential to mitigate the spread of the virus and help orient the world within a “new normal” post-COVID-19, but only if they are sufficiently deployed. The pandemic illustrated that political leaders, scientists, and citizens cannot operate in silos during health crises. Rather, health emergencies must be viewed as global security crises that require coordination and cooperation among all stakeholders. To reap the full health, societal, and economic benefits of vaccines, programs must be coordinated, inclusive, and equitable. The COVID-19 pandemic demonstrates the enduring importance of the OSCE’s comprehensive approach to security: none are safe until we all are safe.
Swedish Foreign Minister Ann Linde to Appear at Helsinki Commission Online HearingThursday, June 03, 2021
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: SWEDEN’S LEADERSHIP OF THE OSCE Priorities for 2021 Friday, June 11, 2021 9:15 a.m. to 10:15 a.m. Watch Live: https://www.youtube.com/HelsinkiCommission In 2021, Sweden chairs the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—which comprises 57 participating States stretching from North America, across Europe, and to Central Asia and Mongolia. Even as the OSCE begins to emerge from the global COVID-19 pandemic, it is tackling other critical challenges, including Russia’s ongoing aggression in Ukraine, protracted conflicts in Moldova and Georgia, and the pursuit of a lasting and sustainable peaceful settlement of the Nagorno-Karabakh conflict through the framework of the Minsk Group. Meanwhile, several countries are deliberately spurning their OSCE commitments to human rights, democracy, and the rule of law. Participating States including Russia, Belarus, and Turkey not only stifle dissent in their own countries but also seek to undermine the OSCE’s work defending fundamental freedoms and curtail civil society’s participation in OSCE activities. Other shared challenges include combating human trafficking, countering terrorism and corruption, and protecting vulnerable communities, including migrants, from discrimination and violence. At this virtual hearing, Swedish Foreign Minister and OSCE Chairperson-in-Office Ann Linde will discuss Sweden’s priorities for 2021 and address current developments in the OSCE region.
Helsinki Commission Commemorates 45 Years of Advancing Comprehensive Security in the OSCE RegionThursday, June 03, 2021
WASHINGTON—To commemorate the 45th anniversary of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, on June 3, Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “The Helsinki Commission has played a vital role in elevating the moral dimension of U.S. foreign policy and prioritizing the protection of fundamental freedoms in our dealings with other nations,” said Chairman Cardin. “From fighting for fair treatment of Jews in the Soviet Union, to developing landmark legislation to address human trafficking, to demanding sanctions on human rights violators and kleptocrats, and so much more, the commission consistently has broken new ground.” “For 45 years, the commission has flourished as a bipartisan and bicameral platform for collaboration within the federal government. Its purpose is not to support a specific party or administration, but instead to advance transatlantic cooperation, promote regional security and stability, and hold OSCE participating States accountable to their promises,” said Sen. Wicker. “Our commissioners’ united front against threats to democracy and human rights worldwide has become a pillar of U.S. international engagement.” “I am grateful to have experienced the crucial role played by U.S. engagement in the Helsinki Process, both as an election observer in Bulgaria in 1990, and later as a lawmaker and commissioner,” said Rep. Wilson. “The Helsinki Commission is unique in its ability to adapt to evolving global challenges. The defense of human rights and democracy looks different now than it did during the Cold War, but we continue to unite over the same resilient principles and commitment to fundamental freedoms.” On June 3, 1976, U.S. President Gerald Ford signed the Helsinki Commission into existence through Public Law 94-304 to encourage compliance with the Helsinki Final Act of 1975—the founding document that lays out the ten principles guiding the inter-state relations among today’s OSCE participating States. The agreement created new opportunities to engage with European partners on human rights, cooperative security, economic opportunities, and territorial disputes, and the commission played an integral role in ensuring that human rights became a key component of U.S. foreign policy. Forty-five years after its founding, the Helsinki Commission continues to engage with participating States to confront severe and persistent violations of human rights and democratic norms. Since its establishment, the Helsinki Commission has convened more than 500 public hearings and briefings. It regularly works with U.S. officials in the executive branch and Congress to draw attention to human rights and security challenges in participating States, including racism, anti-Semitism, and intolerance; corruption; human trafficking; and Russia’s persistent violations of the Helsinki Final Act in its relations with Ukraine and other OSCE countries.
Cardin and Wicker Welcome UK Magnitsky Corruption SanctionsMonday, April 26, 2021
WASHINGTON—Following today's announcement that the United Kingdom will sanction 22 individuals for corruption under the UK's Magnitsky legislation, Helsinki Commission Chairman Sen. Ben Cardin (MD) and Ranking Member Sen. Roger Wicker (MS) issued the following statements: “I applaud the UK for moving forward with the establishment of a new Global Anti-Corruption sanctions regime. Our Magnitsky sanctions can now be harmonized one-for-one—denying corrupt officials access to the two biggest financial hubs in the world,” said Chairman Cardin. “I urge the EU to adopt Magnitsky corruption sanctions, as well. Together, we can deny human rights abusers and kleptocrats safe haven and protect our own political systems from the taint of authoritarian corruption. Otherwise, this corruption will always flee to those democratic allies without sanctions laws.” “It is hard to overstate just how important it is that the UK has adopted Magnitsky corruption sanctions,” said Sen. Wicker. “London is a well-known hub of Russian and Chinese Communist Party corruption, which now faces the threat of sanctions. These sanctions will protect political systems while providing a measure of justice to those all over the world who have been denied it. Democratic allies must close ranks against the corruption of dictatorships.” Chairman Cardin was the lead author of the Global Magnitsky Human Rights Accountability Act in the United States. This law authorizes sanctions against human rights abusers and kleptocrats anywhere in the world. Sen. Wicker was an original cosponsor and partner in this effort. Magnitsky human rights and corruption sanctions have now been adopted by the United States, Canada, and the UK. The EU has adopted only Magnitsky human rights sanctions. Australia, Japan, and Taiwan are currently considering adoption of Magnitsky sanctions.
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A Transatlantic Plan for Racial Equity and JusticeThursday, October 22, 2020
From the United States to Germany, and Canada to Poland, the killing of George Floyd by a white Minnesota police officer has galvanized a transatlantic movement for human rights and social justice. Activists have managed to sustain their cumulative mobilization in honor of countless lives, most recently in outcries following the September grand jury acquittal of officers involved in the killing of Breonna Taylor, who had been sleeping when they broke down her door with a battering ram to execute a no-knock warrant. Most Western countries have not seen mobilization on this scale or of this scope in several decades, yet organizations, businesses, and institutions continue to debate how best to meaningfully respond. Demands for action have been innumerable, yet national responses have been limited and, in many cases, insufficient in scope to secure and stabilize communities. This is a moment for nations and alliances to consider their responsibilities in the underlying systems that have yielded inequitable outcomes and less security for the most marginalized than for their better-off peers. On Sept. 22, the U.S. Congress and the European Parliament convened a joint meeting and advanced toward a transatlantic response to systemic racism. The United States and other Western democracies are grappling with their shared inheritance of persistent practices that date back to when race-based discrimination was enshrined in laws—when Black people were legally and morally deemed to be no more than expendable property. The cumulative weight of generations of such treatment — in culture, in politics, and in the economic system — has led to radically unequal and inequitable societies and set the stage for international protests against racial inequality and injustice. The November 2020 elections in the United States will have a substantial impact on the ability of democratic countries to address their failure to ensure the same rights, protections, and opportunities for all their populations because of enduring institutional and systemic racism. If the discriminatory impacts of colonialism and the transatlantic slave trade endure in the systemic treatment of impacted populations, only meaningful multilateral and transatlantic engagement that empowers the descendants of the colonized and enslaved will meet the demands of demonstrators pouring into streets across the globe. The next U.S. presidential administration should seek national and international political commitments by its allies, alliances, and international organizations, coupled with investment commensurate with the insidious scope of the hate we seek to overcome. The Need for a Transatlantic Response World War II brought about global carnage that demanded sophisticated international cooperation towards economic recovery. The Economic Recovery Act of 1948, proposed by U.S. Secretary of State George Marshall and passed by the U.S. Congress, resulted in more than $13 billion invested in the reconstruction of Europe. This investment was critical in Europe’s recovery, in cementing ties between Western democracies, and in obstructing the westward spread of Communism. This moment again calls for a similarly substantial investment in the reconstruction of economies, but this time the economic objective is genuinely transatlantic and the scourge that must be confronted is one with deep historic roots. The COVID-19 pandemic may have accelerated the inevitability of such a policy. As the coronavirus lays waste to economies on both sides of the Atlantic, it exacerbates the inequities of systemic racism. Research has shown that socially disadvantaged communities, including those impacted by systemic racism, are more susceptible and vulnerable to the consequences of the pandemic. National responses to the pandemic have already outweighed the scale of the Marshall Plan, yet sufficient attention has not been given to how this moment can be seized to rebuild our societies and economies with inclusive policies that make our communities more resilient, even as they make them more equitable. Now is the time for the United States to forge transatlantic agreements with the United Kingdom and the European Union, to address racism at the scope and scale of the historic Marshall Plan. What Would a Transatlantic Plan to Address Racism Look Like? Over the last decade, the United States has established a range of bilateral agreements in the Western Hemisphere to advance social inclusion for racial and ethnic equality. Joint action plans and memoranda of understanding with Brazil, Colombia, and Uruguay have fostered everything from academic exchanges with Historically Black Colleges and Universities (HBCUs) to public- and private-sector solutions for racial health disparities, access to education, and equal access to the justice system. Why don’t similar agreements exist to advance these objectives in a transatlantic context? Members of Congress and parliamentarians in Europe have advocated for just that since the 2009 Black European Summit at the European Parliament and in subsequent transatlantic exchanges. A joint declaration last month from members of the European Parliament and the U.S. Congress emphasized the role of the recently established European Union (EU) Commission Anti-Racism Coordinator to facilitate the adoption of national action plans for EU Member States and the United States. Such national action plans, due by 2022, would reinforce a much-needed EU-U.S. Joint Action Plan on Racial and Ethnic Equality and Inclusion that could be negotiated by the next U.S. presidential administration. Momentum is building for multilateral and bilateral agreements, to draw from and build on the global racial justice movement. Potential opportunities are already before us. A future U.S.-U.K. Free Trade Agreement following Brexit, for example, should include incentives for economic empowerment of British and American communities marginalized by systemic racism. The British Parliament and the U.S. Congress should be required, as part of any such agreement, to conduct regular equality impact assessments for populations affected by said agreement. Both legislative chambers could turn to relevant legislation. They could be guided by relevant U.K. legislation, such as the Equality Act 2010, in order to provide metrics against which any such agreement could be measured. In addition to annual metrics, however, both nations also should measure the realization of long-term goals to empower and uplift marginalized communities. In terms of opportunities within the EU, the European Commission’s Action Plan on Racism released at the end of September should incorporate multilateral considerations. The plan calls for a robust role for public-private partnerships of EU Institutions and member States with civil society in convening a summit against racism in Spring 2021. The summit would produce a commitment to develop joint action plans with the United States, the United Kingdom, and other nations implicated in the enduring legacy of colonialism and the transatlantic slave trade. Notably, the plan also calls for a consistent approach to collecting data on equality, which has long been a contentious issue among EU member States since World War II. Throughout much of the 20th century, many European nations argued against disaggregated ethnic data collection for fear it would be used by ethnic majorities to enact hateful policies. Marginalized groups, however, have advocated for such data collection for decades to inform policy and determine benefits that could rectify the legacy of colonialism and the transatlantic slave trade. Without such data, there are few means to disabuse electorates in Europe of false narratives and assumptions about the role and history of ethnic and racial minorities in Europe. The new plan must navigate this historical context and catalyze more investment in the impact of the EU Agency for Fundamental Rights (FRA). This should include any efforts to implement the related demands of the European Parliament. Any exploration of new trade negotiations between the United States and the European Union should include measures to empower minority and women-owned small and medium-sized enterprises and economic incentives intended to dismantle institutional racism. Inequities Highlighted by the Coronavirus Global protests for racial justice were no doubt intensified by the systemic inequities revealed and compounded by the coronavirus. At the same time, the pandemic has precipitated governmental reinvestment in national economies, demonstrating that governments can indeed execute large-scale strategies to improve and safeguard their democracies when the political will exists. It should be evident in our bilateral and multilateral agreements that anything less than full inclusion for all inhabitants of our nations results in vulnerabilities that leave us all less secure. Given the shared history of slavery, racism, institutional prejudice, and systemic inequity across the Atlantic, it follows that we should seize this moment to begin to conceive of transnational mechanisms to address the sordid legacy of grave social injustice, and deploy our economic resources and capacities to healing a wound that is now centuries old. (Editor’s note: Readers also might be interested in Just Security’s series Racing National Security.)
OSCE representatives, community leaders share urgent proposals to combat discriminatory police violenceMonday, October 12, 2020
On October 6, 2020, the OSCE Office of the High Commissioner on National Minorities, in cooperation with the Helsinki Commission, convened “Policing in Diverse Societies: Principles and Good Practices.” The webinar, which provided an opportunity to exchange knowledge, challenges and best practices, attracted over 100 attendees including practitioners, parliamentarians, and other representatives of the OSCE participating States. Christophe Kamp, officer-in-charge of the OSCE High Commissioner on National Minorities, opened the online event, one of several taking place ahead of next year’s 15th anniversary of the 2006 Recommendations on Policing in Multi-Ethnic Societies. Participants assessed the continued relevance and operational applicability of these guiding principles, as well as how best to further their scope. Senator Ben Cardin, Helsinki Commission Ranking Member and OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, highlighted relevant legislation that has been introduced in the U.S. and focused on law enforcement reform as a way forward following protests over discriminatory, aggressive policing. “From Russia to Canada, our country is not alone in confronting issues of discriminatory policing and racial justice in the region,” he noted. “Working together with the High Commissioner’s office and other OSCE institutions, we can strengthen efforts to ensure that racial justice and the protection of human rights for all as enshrined in the Helsinki Final Act.” Ambassador Lamberto Zannier, a high-level expert for the OSCE Parliamentary Assembly and former OSCE High Commissioner on National Minorities, underscored the role of police violence in interethnic conflict and instability in societies. He discussed protests that erupted across the OSCE region following the tragic death of George Floyd and how aspects of the OSCE, such as its Police Matters and Tolerance and Non-discrimination units, could be instrumental in reducing conflict in the region. Other speakers included Hilary O. Shelton of the NAACP, who emphasized the urgent need to implement cultural sensitivity and awareness training for police forces. He said this training could decrease discrimination, combat stereotypes, and foster relationships between law enforcement and communities. Anina Ciuciu, community organizer of Collective #EcolePourTous, highlighted the need for structural changes in France to address police violence and brutality and noted continuing incidents between police and Romani communities. She shared that on average, minorities are “20 times more likely to be checked by police, and three times more likely to be brutalized by police.” Nick Glynn, senior program officer with Open Society Foundation and a former UK police officer, called for increased diversity in law enforcement, an expansion of community policing and demilitarization of police to address the multifaceted problem. Ronald Davis of the Black National Organization of Black Law Enforcement Executives cited the need for systematic changes in law enforcement, including changes in police culture. Alex Johnson, U.S. Helsinki Commission Chief of Staff, moderated the discussion and detailed the history of law enforcement in the U.S. “The policing system from a perspective of personnel and practice should reflect the diversity of their societies, be it linguistic, ethnic, racial, religious, or any other identity,” he concluded.
Albanian Prime Minister Edi Rama to Appear at Helsinki Commission HearingWednesday, September 09, 2020
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: ALBANIA’S CHAIRMANSHIP OF THE OSCE Responding to the Multiple Challenges of 2020 Thursday, September 17, 2020 1:00 p.m. Watch Live: www.youtube.com/HelsinkiCommission In 2020, Albania holds the chairmanship of the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—with a multi-dimensional mandate and a 57-country membership stretching from North America, across Europe, and to Central Asia and Mongolia. This year, the OSCE has faced the unprecedented challenge of a global pandemic and the clear urgency of action against racism, while maintaining its necessary focus on other longtime concerns often impacted by these developments. These concerns include Russia’s continued aggression in Ukraine and threats to other nearby or neighboring countries; protracted conflicts in Transnistria, Georgia, and Nagorno-Karabakh; and political leaders in Belarus as well as in Russia, Azerbaijan, Turkey, and other OSCE countries seeking to undermine democratic institutions and stifle dissent in every sector. Many countries are struggling—or failing—to live up to their OSCE commitments in the areas of human rights, democracy, and the rule of law. Vulnerable communities, including migrants, are targets of discrimination and violence. Uncertainties in the Western Balkans and Central Asia remain. The recent decision of some countries to block reappointments of senior officers at key OSCE institutions undermines the organization at a time when effective contributions to security and cooperation across the region are so deeply needed. The Helsinki Commission regularly holds a hearing allowing the annually rotating OSCE chairmanship to present its priorities for the year and to exchange views on current issues. Albanian Prime Minister Edi Rama, who holds his country’s foreign affairs portfolio, will appear at this hearing to discuss the performance of the OSCE thus far in 2020 and to share his views in advance of the OSCE Ministerial Council meeting scheduled for early December.
Wicker and Cardin Commend United Kingdom Magnitsky Sanctions on Russian and Saudi OfficialsTuesday, July 07, 2020
WASHINGTON—Following the recent designations under the United Kingdom’s Magnitsky sanctions framework of Russian and Saudi officials responsible for the deaths of Sergei Magnitsky and Jamal Khashoggi, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) released the following statement: “We are encouraged to see the United Kingdom applying its first-ever independent Magnitsky sanctions. These sanctions demonstrate that following Brexit, the UK remains committed to fighting human rights abuse and kleptocracy. “We hope the UK will continue to apply Magnitsky sanctions as needed and develop additional anti-corruption policies to stem the flow of illicit wealth into the country. We also encourage the European Union to move forward on plans to develop its own Magnitsky sanctions. Consequences for bad acts are most effective when imposed in concert.” The UK passed its Magnitsky sanctions law in 2018. That same year, Russia attempted to assassinate Sergei Skripal, a former Russian double agent who spied for the UK, in Salisbury, England. UK Magnitsky sanctions freeze the assets of designees and prevent them from entering the country, and are expected to be a powerful deterrent for kleptocrats, given the propensity of corrupt officials to steal and launder money into London as well as send their children to British boarding schools. In December 2019, EU High Representative for Foreign Affairs and Security Policy Josep Borrell announced that the EU would start preparatory work for the equivalent of a Magnitsky sanctions mechanism. However, no further progress has been reported. In May 2020, Co-Chairman Wicker and Sen. Cardin urged U.S. Secretary of State Mike Pompeo to ask High Representative Borrell to expedite the adoption of EU sanctions on human rights abusers and include provisions for sanctioning corruption.
2019 Human Dimension Implementation MeetingFriday, September 13, 2019
From September 16 to September 27, OSCE participating States will meet in Warsaw, Poland, for the 2019 Human Dimension Implementation Meeting (HDIM), organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR). As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress. During the 2019 meeting, three specifically selected topics will each be the focus of a full-day discussion: “safety of journalists,” “hate crimes,” and “Roma and Sinti.” These special topics are chosen to highlight key areas for improvement in the OSCE region and promote discussion of pressing issues. Human Dimension Implementation Meeting 2019 Since the HDIM was established in 1998, the OSCE participating States have a standing agreement to hold an annual two-week meeting to review the participating States’ compliance with the human dimension commitments they have previously adopted by consensus. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as refugee migration and human trafficking), and concerns relating to tolerance and nondiscrimination (such as countering anti-Semitism and racism). Each year, the HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma and Sinti. Unique about the HDIM is the inclusion and strong participation of non-governmental organizations. The United States has been a stout advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE structures allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. Members of the U.S. delegation to the 2019 HDIM include: Ambassador James S. Gilmore, U.S. Permanent Representative to the OSCE and Head of Delegation Christopher Robinson, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs Roger D. Carstens, Deputy Assistant Secretary, Bureau of Democracy, Human Rights, and Labor Elan S. Carr, Special Envoy to Monitor and Combat Anti-Semitism Alex T. Johnson, Chief of Staff, U.S. Helsinki Commission
OSCE Representative on Freedom of the Media Harlem Desir to Appear at Helsinki Commission HearingWednesday, July 17, 2019
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: STATE OF MEDIA FREEDOM IN THE OSCE REGION Thursday, July 25, 2019 3:00 p.m. to 5:00 p.m. Capitol Visitor Center Room HVC-210 Live Webcast: www.youtube.com/HelsinkiCommission Journalists working in the 57 participating States of the Organization for Security and Cooperation (OSCE) are facing increased risks to their lives and safety. According to a new report released the Office of the Representative for Freedom of the Media, in the first six months of 2019, two journalists have been killed and an additional 92 attacks and threats—including one bombing, three shootings, and seven arson attacks—have targeted members of the media. In his first appearance before Congress, OSCE Representative for Freedom of the Media Harlem Desir will assess the fragile state of media freedom within the OSCE region. Mr. Desir also will address the number of imprisoned media professionals as well as the violence, threats, and intimidation directed toward female journalists. The hearing will explore the threat posed by disinformation and online content designed to provoke violence and hate. Following the hearing, at 5:00 p.m. in Room HVC-200, the Helsinki Commission will host a viewing of the documentary, “A Dark Place,” which details the online harassment of female journalists working in the OSCE region.
Countering Hate: Lessons from the Past, Leadership for the FutureFriday, July 05, 2019
Today at the 28th Annual Session of the OSCE Parliamentary Assembly in Luxembourg, Helsinki Commission Ranking Member Sen. Ben Cardin hosted a U.S. side event in his capacity as OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance. The event, “Countering Hate: Lessons from the Past, Leadership for the Future,” called for parliamentarians from across the 57 OSCE participating States to adopt an action plan to counter bias and discrimination and foster inclusion. Several members of the U.S. delegation—along with U.S. Ambassador to the OSCE James Gilmore and U.S. Ambassador to Luxembourg Randy Evans—attended the event, where speakers included Dr. Rebecca Erbelding of the U.S. Holocaust Memorial Museum and OSCE parliamentarians Michael Link (Germany), Nahima Lanjri (Belgium), and Lord Alf Dubs (United Kingdom). “We are here today to exchange information on what we are doing in our home countries to address the problem and how we might be able to develop a plan of action to work better together to address the rise in hate-based incidents we have been witnessing across the OSCE region and beyond from Pittsburgh and Poway to Christchurch,” said Sen. Cardin. “It is not only the most vulnerable in our societies whom are in danger when we fail to act, but the very foundations of our democracies.” Dr. Rebecca Erbelding of the U.S. Holocaust Memorial Museum shared a cautionary tale, reminding the audience, “The Holocaust did not appear out of nowhere [and] the Nazi Party was in power in Germany for eight years before mass killing began.” Warning signs in the past were ignored, she stated. “A rise of populist leaders, of simple solutions, of demonizing minorities, of propagandizing hate, of neglecting or ignoring refugee protections, of isolationism, of appeasement—these factors, when taken together, have led to genocide in the past, and not just in Europe. We must [..] work together to prevent genocide in the future.” OSCE parliamentarian and former director of the OSCE Office of Democratic Institutions and Human Rights (ODIHR) Michael Link stressed the need for action, saying that we are witnessing these first alarming signs of hate, but have a choice in whether we will repeat the past. He lauded the success of and need to continue the OSCE’s Words Into Action project funded by the German government to increase education on addressing anti-Semitism, security protections for the Jewish community, and build diverse coalitions across communities against hate. He cautioned that Romani populations should also not be forgotten in the efforts to address the problem. OSCE parliamentarian Nahima Lanjri described rampant discrimination in Belgium’s employment sector and its negative impact on the labor market. Citing the need for increased tools to fight all forms of discrimination that have the negative affect of repressing talents needed for societies to flourish, she called for more disparities data and initiatives that address economic and other forms of discrimination and bias. Lord Dubs, a British parliamentarian who was born in Prague in what was then Czechoslovakia, was one of 669 Jewish children saved by English stockbroker Nicholas Winton, and others, from the Nazis on the Kindertransport. He shared a recent hate post he had received online and stressed the need to address increasing hate in our societies through education, legislation against hate speech and discrimination, and by shifting public opinion that denigrates communities instead of building them up. U.S. House Majority Leader Rep. Steny Hoyer cited the anti-discrimination work of Brian Stevenson and stressed that difference does not make one “less than." Parliamentarian Hedy Fry of Canada noted rising hate crimes in her country amid numerous initiatives addressing disparities and inclusion. U.S. Rep. Gregory Meeks highlighted the importance of Jewish and African-American coalitions in the civil rights movement. Stating that no group should have to fight for their rights alone if we truly espouse democratic values, he said, we all should be joining the Roma in their human rights struggle. U.S. Rep. Val Demings called for the conversation to also include LGBT+ communities, recalling the tragic mass shooting at the Pulse nightclub in her Orlando, Florida district. The sessions concluded with Special Representative Cardin calling for an OSCE Action Plan to address bias and discrimination and foster inclusion and OSCE/ODIHR Advisor Dermana Seta providing an overview of tools currently offered by the OSCE to assist governments in addressing hate crimes and discrimination.
The Helsinki Process: A Four Decade OverviewFriday, June 28, 2019
In August 1975, the heads of state or government of 35 countries – the Soviet Union and all of Europe except Albania, plus the United States and Canada – held a historic summit in Helsinki, Finland, where they signed the Final Act of the Conference on Security and Cooperation in Europe. This document is known as the Helsinki Final Act or the Helsinki Accords. The Conference, known as the CSCE, continued with follow-up meetings and is today institutionalized as the Organization for Security and Cooperation in Europe, or OSCE, based in Vienna, Austria. Learn more about the signature of the Helsinki Final Act; the role that the Conference on Security and Cooperation in Europe played during the Cold War; how the Helsinki Process successfully adapted to the post-Cold War environment of the 1990s; and how today's OSCE can and does contribute to regional security, now and in the future.
Partially Protected?Friday, June 14, 2019
The U.S. Helsinki Commission convened an expert briefing on the background, implementation, and legal and political implications of temporary protection for people in the United States and Europe who come from countries of conflict or natural disaster but not qualify for asylum. The discussion explored whether some European Union countries are choosing temporary protection even when asylum claims are credible. Alex T. Johnson, Chief of Staff for the Helsinki Commission, said in his opening remarks, “Chairman Hastings sees [protected status] as a priority, particularly in the United States and in the OSCE region because of the erosion of human rights and democratic institutions that we are seeing now. It’s particularly urgent as we look at our own domestic compliance with commitments in the Organization for Security and Cooperation in Europe, and how we partner with countries who are also exploring issues related to granted protected status for vulnerable communities in their midst.” Johnson also noted Chairman Hasting’s introduction of H.Con.Res. 5, which expresses support for Haitians residing in the United States with Temporary Protected Status (TPS). In the discussion that followed, Jill Wilson of the Congressional Research Service provided context on TPS and its implementation in the U.S. Wilson reported, “Ten countries are currently covered by TPS, benefitting some 400,000 individuals in the United States. The Trump administration has announced terminations for six of these ten countries on the grounds that the conditions on which the original designations were based no longer exist. These terminations are currently on hold pending court action.” Recent efforts by members of the 115th and 116th Congress saw a greater number and variety of TPS-related bills that seek either to expand or restrict TPS and shift the decision-making power from the Secretary of Department of Homeland Security (DHS) to the U.S. Congress. Currently, the Secretary of the DHS, in consultation with other key government offices namely the U.S. State Department, has the power to designate a country for temporary protection in periods of six, twelve, or eighteen months based on three categories: armed conflict, natural disaster, or extraordinary circumstances that prevent the safe return of a country’s nationals. Marleine Bastien of the Family Action Network Movement shared her expertise on the current political and economic situation in Haiti, following the catastrophic earthquake in 2010 and subsequent natural disasters that resulted in major public health emergencies, about 300,000 displaced people, and severely damaged infrastructure. Despite these continuing poor conditions, Haiti’s TPS status is subject to termination. Bastien remarked, “We hope that Congress will take a close look at what’s going on in Haiti today…The conditions in Haiti continue to deteriorate. Haiti still qualifies for temporary protected status… TPS is still applicable, not only for the countries that qualify now, but for the countries in the future which may experience natural and political disasters.” Without its TPS re-instated, she said, Haiti does not have the capacity to resettle and support the 58,000 Haitians currently living in the U.S. Sui Chung, an attorney with the Immigration Law and Litigation Group in Miami, Florida, and Chair of the Immigration and Customs Enforcement Committee of the American Immigration Lawyers Association (AILA) stated that unless legislation like the American Dream and Promise Act, H.R. 6 is passed, TPS recipients remain at risk of being detained or deported. Chung remarked, “Although the federal courts have enjoined the termination of TPS for some countries, these court orders are temporary. If a higher court rules unfavorably, those with TPS would be vulnerable to losing authorization to work and reside in the U.S., and they would be subject to deportation.” Chung stated that 94 percent of individuals under TPS are employed, generating about $5.5 billion in federal, state, and local taxes, with roughly $25 billion spending power. According to Chung, losing this population could cripple the U.S. economy and harm communities. Catherine Woollard, Secretary General of the European Council on Refugees and Exiles, described Europe’s decision-making process for protection status as an inconsistent and unfair “asylum lottery” She argued that the lack of fairness and uniformity in granting TPS originates from the selection process, where the decision to grant protection status is left solely to the discretion of the twenty-eight European Union Member States rather than a universal eligibility process. Woollard noted, “Our analysis shows that these different protection statuses have a wide variation when it comes to the rights attached. Key rights that are of interest and necessity for people who are seeking protection vary. If you have refugee status, your residence rights are for a longer duration. For subsidiary protection, less time is granted for residential rights. In some cases, there are very stark differences.”
Helsinki Commission Briefing to Explore Non-Asylum Protections in United States And EuropeFriday, June 07, 2019
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: PARTIALLY PROTECTED? Non-Asylum Protection in the United States and the European Union Friday, June 14, 2019 2:00 p.m. Rayburn House Office Building Room 2237 Live Webcast: www.facebook.com/HelsinkiCommission The United States and the European Union give legal protection to some people who flee armed conflict or natural disaster, but do not qualify as refugees. In the United States, the Secretary of Homeland Security designates countries of origin for “Temporary Protected Status” (TPS), enabling their nationals to legally remain in the United States and work until and unless the Secretary terminates the designation. Approximately 417,000 individuals from 10 countries currently have TPS, living in all 50 states, the District of Columbia, and U.S. commonwealths and territories. In 2018, more than 100,300 people were granted similar non-asylum protection, on an individual basis, across the 28 countries of the European Union. Since 2017, the United States has extended TPS for Somalia, South Sudan, Syria, and Yemen, and announced terminations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. Lawsuits have challenged the terminations. To date, Members of Congress have introduced at least 10 TPS-focused bills in the 116th Congress. This briefing will explore the background and implementation of non-asylum protection in the United States and Europe—including whether some European Union Member States are according this protection even when asylum claims are credible—legislative and legal responses, and implications for policy, law, and protection. The following panelists are scheduled to participate: Marleine Bastien, Executive Director, Family Action Network Movement Sui Chung, Attorney at Law, Immigration Law and Litigation Group, and Chair, Immigration and Customs Enforcement Committee, American Immigration Lawyers Association Jill H. Wilson, Analyst in Immigration Policy, Congressional Research Service Catherine Woollard, Secretary General, European Council on Refugees and Exiles Additional panelists may be added.
Curbing Corruption through Corporate Transparency and CollaborationWednesday, May 29, 2019
The United Kingdom has implemented some of the world’s most innovative anti-corruption policies. In particular, its public beneficial ownership registry is the only active one of its kind and its Joint Money Laundering Intelligence Taskforce models effective collaboration between law enforcement and the private sector. This briefing examined these policies and the United Kingdom’s broader strategy to counter illicit finance. Panelists discussed how the United Kingdom implements its policies, their successes and shortcomings, and what remains to be done. Though U.S. corporate transparency proposals take a non-public approach, panelists also discussed the lessons that the United States can draw from the British experience. John Penrose, M.P., U.K. Prime Minister’s Anti-Corruption Champion, explained the reputational risks associated with money laundering in the U.S. and U.K. financial markets to the rules-based system. Penrose explained the British approach of establishing a beneficial ownership registry, saying, “What we are trying to do in the U.K. is we are trying to set up something which will effectively create a global norm to say let’s all have some kind of a register about who owns and controls these companies. We’re not asking for the moon. As I said, we don’t need to know everybody who owns a piece of every company. We just need to know who the controlling minds and the controlling interests are.” Edward Kitt, Serious and Organized Crime Network Illicit Finance Policy Lead at the British Embassy in Washington, covered the issues the U.K is facing with their beneficial ownership policy. Kitt explained, “One challenge we have is feedback to financial institutions on suspicious activity reports. Often, financial institutions will submit suspicious activity reports and they don’t hear any feedback as to actually what was the utility of that, how useful was that.” Even considering the difficulty the policy has experienced, Kitt maintained, “It’s not just a talking shop; it delivers. And… it’s assisted in identifying and restraining in excess of £9 million. So, the results are palpable.” Mark Hays, Anti-Money Laundering Campaign Leader at Global Witness and the sole American panelist, reflected on his company’s investigations into corruption: “Simply put, if the U.S. wants to continue to show this leadership we need to match the U.K.’s efforts in establishing some modicum of disclosure for beneficial ownership transparency for companies.” Hays continued, “If we don’t, not only will we be failing to live up to this leadership test, but we will put ourselves at greater risk for becoming a haven for bad actors and their ill-gotten gains.” Nate Sibley, Research Fellow for the Kleptocracy Initiative at the Hudson Institute, spoke to how the UK’s policies could transfer to the U.S. Sibley described a House Financial Services Committee bill, “introduced by Representative Carolyn Maloney called the Corporate Transparency Act,” that ensures companies disclose beneficial owners. He went on to explain that the bill “would create a private beneficial ownership register. So not a public one like they have in the U.K., but one that was accessible only to law enforcement, under very strict and controlled circumstances.” Sibley outlined the ways that the U.S. federal system changes the prospect of the registry logistics, but maintained that it would still work in the U.S.
Helsinki Commission to Hold Briefing on UK Anti-Corruption PoliciesWednesday, May 22, 2019
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: CURBING CORRUPTION THROUGH CORPORATE TRANSPARENCY AND COLLABORATION The British Model Wednesday, May 29, 2019 9:00 a.m. Rayburn House Office Building Room 2128 Live Webcast: www.facebook.com/HelsinkiCommission The United Kingdom has implemented some of the world’s most innovative anti-corruption policies. In particular, its public beneficial ownership registry is the only active one of its kind and its Joint Money Laundering Intelligence Taskforce models effective collaboration between law enforcement and the private sector. This briefing will examine these policies and the United Kingdom’s broader strategy to counter illicit finance. Panelists will discuss how the United Kingdom implements its policies, their successes and shortcomings, and what remains to be done. Though U.S. corporate transparency proposals take a non-public approach, panelists will also discuss the lessons that the United States can draw from the British experience. Opening remarks will be provided by John Penrose, M.P., the U.K. Prime Minister’s Anti-Corruption Champion. The following panelists also are scheduled to participate: Mark Hays, Anti-Money Laundering Campaign Leader, Global Witness Edward Kitt, Serious and Organized Crime Network Illicit Finance Policy Lead, British Embassy Washington Nate Sibley, Research Fellow, Kleptocracy Initiative, Hudson Institute
Lies, Bots, and Social MediaThursday, November 29, 2018
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.
By Bob Hand
CSCE Staff Advisor
The United States Helsinki Commission recently held two hearings focusing on human rights developments in Northern Ireland. The first, “Human Rights and Police Reform in Northern Ireland”, held March 16, 2004, dealt specifically with human rights and police reform. The second, “Northern Ireland Update: Implementation of the Cory Reports and Impact on Good Friday Agreement”, held May 5, supplemented the first one by examining the recently published Cory Collusion Inquiry Reports.
Reports of Collusion
Following decades of violence in Northern Ireland, the April 10, 1998, “Good Friday Agreement” provided a new avenue for peace by calling for devolved government, decommissioning (disarmament), police reform and other human rights measures. The process of implementing the agreement, however, has proven to be difficult.
In the summer of 2001, the Governments of the United Kingdom and of the Republic of Ireland met at Weston Park to resolve numerous problems which developed in the peace process. There, the two governments agreed that, among other things, “certain cases from the past remain a source of grave public concern, particularly those giving rise to serious allegations of collusion by the security forces.” They therefore agreed to “appoint a judge of international standing from outside both jurisdictions to undertake a thorough investigation of allegations of collusion” in six prominent murder cases, adding that, “in the event a Public Inquiry is recommended in any case, the relevant Government will implement that recommendation.”
On May 29, 2002, the Governments of the United Kingdom and of the Republic of Ireland appointed former Canadian Supreme Court Justice Peter Cory to fulfill this task, agreeing to publish his final reports. On October 7, 2003, Justice Cory delivered two reports to the Government of the Republic of Ireland and four reports to the Government of the United Kingdom. That December, the Irish Government published the reports it had received and announced its approval of a Public Inquiry in the one case as recommended (Cory found no evidence constituting a basis for the directing of a Public Inquiry in the other). It was not until April 2004, however, after many public appeals and legal action, that the British Government published the reports it had received from Justice Cory.
While Cory recommended Public Inquiries in all four cases, the British Government approved only three. Regarding the fourth -- that of murdered Belfast lawyer Patrick Finucane -- Northern Ireland Secretary Paul Murphy noted not only the current prosecution of one individual, Ken Barrett, for the murder, but also the possibility of further prosecutions.
Secretary Murphy indicated that “the way ahead” will be set out only at the conclusion of prosecutions. In contrast, Cory found “strong evidence that collusive acts were committed,” making this “one of the rare situations where a public inquiry will be of greater benefit than prosecutions.” Cory argued that a Public Inquiry “should be held as quickly as possible” in order “to achieve the benefits of determining the flaws in the system and suggesting the required remedy, and … to restore public confidence in the army, the police and the judicial system.”
Justice Cory appeared before the Helsinki Commission on May 5 to discuss these issues. Other witnesses included Geraldine Finucane, widow of Patrick Finucane, and the non-governmental organization Human Rights First’s Washington office director, Elisa Massimino.
Helsinki Commission Chairman, Rep. Christopher H. Smith (R-NJ), opened the hearing by reciting the obligations undertaken by the Governments of the United Kingdom and the Republic Ireland in the Weston Park Agreement of 2001. Chairman Smith emphasized that “the precise wording of the agreement was ‘will’, not ‘may’” with regard to the establishment of a Public Inquiry if recommended. Mr. Smith underlined that the timely implementation of Justice Cory’s recommendations is necessary to restore citizens’ confidence in government, the rule of law, and to ensure peace and reconciliation in Northern Ireland. Expressing deep disappointment in the British Government’s decision regarding the case of Patrick Finucane, Smith argued that “we owe it to the memory of those slain, their families, and every person in Ireland who cherishes justice to see to it that the British Government immediately commences the Public Inquiry as promised in the Weston Park Agreement; no exceptions, no excuses.”
Ranking Member Rep. Benjamin L. Cardin (D-MD) welcomed the witnesses testifying before the Commission and acknowledged their contributions to the ongoing struggle for justice and peace in Northern Ireland. Mr. Cardin supported the sentiments stated by the Chairman and expressed his own hopes for a rapid resolution to the stalemate in the peace process. Noting the Helsinki Commission’s emphasis on implementation of OSCE commitments, Cardin added that “we don’t just speak about a problem, we watch it and follow up to make sure action is taken. And I can assure you that this commission will do just that.” Other Commissioners in attendance included Sen. Hillary Rodham Clinton (D-NY), Rep. Joseph R. Pitts (R-PA), and Rep. Robert B. Aderholt (R-AL).
Justice Cory began his testimony by describing the four cases on which he reported to the British Government:
Patrick Finucane was a Belfast lawyer who was gunned down in his home in 1989. Cory listed several alarming facts uncovered through his investigation which point to collusion between the killers of Patrick Finucane and several government agencies. These included British military intelligence, the Royal Ulster Constabulary (RUC) Special Branch and the Security Service. Justice Cory also uncovered documents indicating that Finucane was a target in 1981, 1985, and in 1989 shortly before his murder. However, in order to protect the identity and safety of the agent, this information was not released to Patrick Finucane. According to Cory, this aspect alone constitutes evidence of collusion and requires the establishment of a Public Inquiry.
Billy Wright was a militant Protestant leader known for committing acts of violence and inciting others to do the same. He was killed in 1997 in the confines of the Maze state prison by militant members of the Irish National Liberation Army (INLA). Wright had been transferred to Maze because three members of INLA conspired to kidnap and execute him at his prior detention facility. However, a transfer to Maze was also granted to several INLA members. A prisoner’s list was circulated throughout the prison, which contained the exact times and locations of Wright’s whereabouts throughout the day. Other disturbing factors included a broken security camera, a large hole in the fence, and weapons that enabled the INLA prisoners to kill Billy Wright. Since Billy Wright was a prisoner in a state institution, Justice Cory concluded, it was the responsibility of the state to ensure Wright’s safety. He felt the above factors indicate collusion and thus recommended a Public Inquiry.
Robert Hamill was a young Catholic construction worker who was only 25 when he was kicked to death in 1997 in Portadown. RUC officers in an armored vehicle were positioned nearby but had an obstructed view of the violence. The senior RUC officer on duty tried to assist one of the men responsible for Hamill’s death by calling the man’s father and instructing him to burn the clothes worn the night of the murder. The officer further compromised his position by asking two of his friends to lie on his behalf, by telling the authorities it was one of them who placed the call. The officer later admitted to charges of obstruction of justice. Another man at the scene and likely involved in the attack was taken into custody only to be released without explanation. Justice Cory concluded the lack of accountability by the police and the attempt to destroy evidence warranted the establishment of a Public Inquiry.
Rosemary Nelson was a prominent lawyer who was killed when her car was blown up in 1999. She had taken on several prominent and controversial cases during which she was openly threatened by the RUC officers. Her clients were threatened and told to find a different lawyer, under advisement that Ms. Nelson would soon be dead. Aside from verbal threats there were also written threats, one appearing in a pamphlet entitled “A Man without a Country” which indirectly encouraged violence against Ms. Nelson and her work. A number of clients, independent agencies, and Ms. Nelson herself contacted the RUC and the Northern Ireland Office regarding the threats. In his investigation Justice Cory discovered that the Northern Ireland Office contacted the RUC for a threat assessment. That request was never answered. Due to lack of information the ministry concluded there was no direct threat and took no action. Justice Cory determined that the failure of both institutions to take preventive action and the mishandling of documents vital to the safety of Ms. Nelson constitute the possibility of collusion. Based on the evidence uncovered, a Public Inquiry was recommended despite what he considered to be a thorough investigation of the crime. Chairman Smith noted that Rosemary Nelson had testified before the U.S. Congress six months prior to her murder.
The last two cases discussed by Justice Cory were those on which he reported to the Irish Government:
Lord Justice Maurice and Lady Cecily Gibson were killed in 1987 when their car was blown up as they returned from vacation in England. Lord Gibson was a prominent judge who presided over a number of significant and controversial cases in Northern Ireland. Prior to his death he had been warned by both RUC and Garda (Irish police) officers to take all necessary precautions to ensure his safety. Upon completion of the investigation, Justice Cory found no material evidence linking the Garda to the deaths of Lord Justice and Lady Gibson. Although the circumstances surrounding the deaths are suspicious, Justice Cory concluded that suspicion may not be used as a ground for establishing a Public Inquiry.
RUC Chief Superintendent Harry Breen and Superintendent Bob Buchanan were killed in a violent ambush as they returned from a Garda office in the Republic of Ireland in 1989. Justice Cory uncovered documents which pointed to collusion between the killers and a member of the Garda, which would account for the precise timing and execution of the assault. The clear presence of material evidence justified the establishment of a Public Inquiry, Cory maintains.
Concluding his remarks, Justice Cory praised the cooperation and dedication of the police and intelligence agencies assisting his investigations. Upon questions posed by Chairman Smith and other Members of Congress as to whether he was able to examine all the documents vital to his investigation, Cory commended all of the agencies he worked with for their contributions to the investigation.
Regarding the murder of Patrick Finucane, Justice Cory stated that in this particular case a Public Inquiry ought to take precedence over the criminal prosecution in order to restore peace and transparency in the community. He compared the current state of ambiguity to a deadly disease: “In light of the suspicion that is there, it must be open. And if it isn’t then the suspicion grows like a cancerous sore and just will grow greater and greater until the exploration is made.” Justice Cory also shared his concerns with the Commission regarding the feasibility of a complete and thorough investigation due to the recent passing of two key witnesses in the case.
Mrs. Finucane followed Justice Cory. She spoke of her long and frustrating battle to learn the truth about the murder of her husband, an effort that has been sabotaged by long investigations and other delays. Delays in releasing the Cory Reports in the United Kingdom, for example, forced Mrs. Finucane to begin a legal battle to have them made public.
Although Mrs. Finucane and her family were skeptical at the onset of the investigation conducted by Justice Cory, she thanked him publicly at the hearing for completing a thorough and uncompromising investigation ahead of schedule while maintaining respect and compassion for the families of the victims. Despite the recommendation for a Public Inquiry set forth by Justice Cory and appeals filed by international organizations, governments, and law societies, she reported that the British Government has refused to establish such an inquiry. Recently on the floor of the United Nations the Government of Republic of Ireland called for a Public Inquiry. In conclusion, Mrs. Finucane asked the Helsinki Commission to continue to provide support and assistance in seeing this case to the end.
Ms. Elisa Massimino began her testimony by urging the British Government to fulfill its obligations under the Weston Park Agreement of 2001. She also noted that Justice Cory, the United Kingdom’s most senior policeman, Sir John Stevens, and the United Nations have all found evidence of collusion. Ms. Massimino stated that “a public inquiry would help to ensure that current policies, procedures, and structures are likely to withstand future prospects of institutional conflict and corruption of the kind that Northern Ireland has experienced in the past, and it would go a long way toward instilling long needed trust in the rule of law.” She added that a Public Inquiry would not interfere with any prosecution.
While hoping to address outstanding cases from the past, the Good Friday Agreement and the subsequent peace process also initiated changes to preclude new issues from arising. Reforming the Royal Ulster Constabulary (RUC) into a Police Service of Northern Ireland (PSNI) which would have the respect and support of all communities has been vital in this regard. Part of this reform included the establishment in 1998 of the Office of the Police Ombudsman for Northern Ireland to provide an independent and impartial police complaints service in which both the public and the police would have confidence.
The March 16 Helsinki Commission hearing largely focused on the practices, oversight, training and other activities of the Police Service of Northern Ireland. Testifying before the Commission were Dr. Mitchell B. Reiss, Director of the Policy Planning Staff, U.S. Department of State; Nuala O’Loan, Police Ombudsman for Northern Ireland; Paul Mageean, Legal Officer, Committee on the Administration of Justice; Elisa Massimino, Director of Washington office, Human Rights First; Jane Winter, Director, British Irish Rights Watch; and Brendan McAllister, Director of Mediation Northern Ireland.
In his opening statement, Chairman Smith stressed that proper police conduct is essential to maintaining a dialogue between conflicting parties in Northern Ireland, and only a police force which gains the confidence of the community can secure a lasting peace. Accordingly, Smith observed that some problems remain in policing, particularly the harassment of attorneys. Other Commissioners in attendance included Rep. Frank R. Wolf (R-VA), Rep. Alcee L. Hastings (D-FL), and Rep. Robert B. Aderholt (R-AL).
Dr. Reiss began his testimony by acknowledging that progress on human rights issues remains to be made, but internal reforms and supervisory bodies such as the Police Ombudsman and the Office of the Oversight Commission, headed by Tom Constantine, have guided the PSNI in a positive direction. “Despite the instability in the political process, the policing institutions have performed well over the past two years,” Reiss said. He was encouraged by recent opinion polls describing public attitudes toward Northern Ireland’s policing institutions, as they now indicate that half of Catholics have confidence in the PSNI, up from one-third in the late 1990s.
Nevertheless, Reiss remains concerned about reforming the Special Branch of the PSNI and stated that Sinn Fein, currently the largest nationalist party in Northern Ireland, should rethink its refusal to participate in the governance of the policing institutions.
In his questions to Dr. Reiss, Chairman Smith inquired about the need for rapid reform of the Special Branch and argued that the PSNI must disclose its training curriculum. Dr. Reiss agreed that provisions in legislation for the International Fund for Ireland authorizing assistance to promote human rights training for police, encourage police-community dialogue, and support mediation efforts would be beneficial to the police reform process.
Commissioner Hastings remarked that police reform and reconciliation in Northern Ireland would benefit by drawing on the expertise of others in nations having resolved similar problems. Dr. Reiss agreed and noted that experts had been brought in from Bosnia, South Africa, and elsewhere to provide their insight.
Ms. O’Loan stressed the importance of an independent Ombudsman, charged with investigating complaints of police abuses and making recommendations for policy changes. If necessary, the Ombudsman also refers cases for prosecution. Investigations are evidence-based and operate strictly under the legal mandate granted by Parliament; the office has jurisdiction only over PSNI, not the British military presence in Northern Ireland.
Ms. O’Loan continued by detailing the accomplishments and challenges her office has faced in recent years. She noted that PSNI has grown more cooperative since the establishment of the Ombudsman, even to the point where police officers are willing to volunteer evidence and testify against abusive colleagues. Moreover, O’Loan was pleased with a trend of decreased usage of firearms and rubber bullets by the police – a testament to the policy of the Ombudsman to investigate every incident in which a weapon is fired. However, Ms. O’Loan described how her office is stretched by the need to investigate historical cases of police abuses. She believed that such investigations are vital for the process of reconciliation, but described how they consume sizable resources and staff.
Chairman Smith asked O’Loan whether the Ombudsman had sufficient funding to study the historical cases of police abuse, inquired as to the Ombudsman’s contribution in police training, and asked how the Ombudsman acts to preempt abuse by problem officers. Ms. O’Loan answered that she had requested additional funding to cover historical cases, and that the matter was pending. She highlighted the human rights instruction the Ombudsman had provided to police trainees and described the Ombudsman’s early warning system for detecting abusive officers, which triggers an investigation of an officer if he is the subject of three or more complaints per year. Chairman Smith also reiterated to Ms. O’Loan a need to investigate complaints of the harassment of attorneys by the police and other authorities.
Following Ms. O’Loan, the Commission proceeded to hear from the remainder of the witnesses in its third panel. Generally, the third panel held a more guarded view of the progress of police reform in Northern Ireland in recent years.
Paul Mageean began his testimony by calling for the government, political parties, and civil society of Northern Ireland to issue a mutually binding written declaration of human rights principles. He argued that such a “bill of rights” would set a positive tone for policing and government activities. Mageean also cited specific violations of human rights by Northern Ireland’s policing and judicial institutions, including the continued use of emergency anti-terrorism legislation to try suspects without juries of their peers, “heavy handed” police tactics, politically motivated raids and arrests by Special Branch, delays in addressing sectarianism within PSNI, and the use of plastic bullets.
Elisa Massimino called for reforms to Northern Ireland’s criminal justice system. She understood that current legislative efforts at reform are underway, but she desired a quickened pace to establish a judicial appointment commission to “secure a judiciary in Northern Ireland that is reflective of society.” Massimino also wanted increased human rights training, the curtailed usage of emergency detention powers, and Public Inquires to determine if the police were complicit in the assassinations of Patrick Finucane and Rosemary Nelson, two human rights attorneys.
Jane Winter joined Massimino’s request for public investigations into police collusion in the Finucane and Nelson murders. In calling on the British Government to release reports authored by Justice Peter Cory, she garnered Chairman Smith’s support, and London did release the reports two weeks later.
Brendan McAllister described the role of his organization in providing expert advice to the police as they implement their reforms, particularly by facilitating dialogue and exchange programs with foreign police forces and communities that have dealt with similar problems. Mr. McAllister said the PSNI had made substantial progress in developing a concept of “community policing,” but the process requires a long-term commitment. McAllister warned, however, that the situation is tenuous in Northern Ireland due to the political vacuum created by the collapse of the territory’s executive and assembly.
Chairman Smith sensed from the testimony that the Ombudsman has done much to improve the quality of policing. Smith concluded by highlighting legislation that he had introduced, which has passed the House but is awaiting action in the Senate, that would authorize International Fund for Ireland monies to be spent on training the PSNI in human rights practices.
The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.
United States Helsinki Commission Interns Colby Daughtry and Irina Smirnov contributed to this article.