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Who's Afraid of Civil Society?
Thirty Years after the Prague Anniversary of Anniversaries
Sunday, November 11, 2018

By Erika Schlager,
Counsel for International Law

“How will you mark the anniversary?”

That’s what Timothy Garton Ash asked dissident playwright Vaclav Havel 30 years ago, prior to the 70th anniversary of the Czechoslovak state.

The answer? A symposium on the incidence of the number “eight” in Czechoslovak history: 1918 (the creation of the modern Czechoslovak state), 1938 (Nazi Germany’s invasion of Czech lands), 1948 (the Communist takeover), 1968 (the Soviet-led Warsaw Pact invasion that crushed the Prague Spring) . . . and 1988.

As a junior Helsinki Commission staffer, I attended that symposium. It was my first solo trip for the Commission.

At the time, the 35 signatories of the Helsinki Final Act were meeting in Vienna to review the implementation of the Final Act, negotiate new commitments, and schedule future meetings. Czechoslovakia—the Czechoslovak Socialist Federal Republic, to be more precise—had proposed holding a future meeting in Prague as part of the Helsinki process work on economic cooperation. And why not? Budapest, the capital of another one-party communist state, had managed to become the host for a cultural forum in 1985. In Vienna, the Soviet delegation had boldly proposed holding a follow-up meeting on human rights in Moscow.

However, Czechoslovakia—unlike Hungary, Poland or even the Soviet Union under Gorbachev—remained a firmly hardline communist regime through the 1980s, with significant restrictions on civil society.  According to the U.S. Department of State at the time, freedom of assembly was severely restricted. Efforts to hold independently organized meetings or demonstrations systematically resulted in arrests, criminal prosecutions, assaults on persons attempting to hold such events, sometimes using water cannon, dogs, tear gas and truncheons.  Nevertheless, as the Prague symposium approached, the United States had still not taken a position in Vienna on the Czechoslovak proposal.

Earlier in the year, authorities in Czechoslovakia disrupted efforts by independent peace activists to hold a meeting in Prague by refusing to allow foreigners to enter the country to participate. If Czechoslovakia was unwilling to allow openness and access at such meetings, was it fit to serve as the host of a Helsinki process follow-up meeting? The November meeting would be kind of a test.

My handler from the U.S. Embassy welcomed to my visit. The United States had recently declared a Czechoslovak diplomat in Washington persona non grata for actions inconsistent with his diplomatic status, a euphemism for spying. The U.S. Embassy, then led by Ambassador Shirley Temple Black, assumed it was only a matter of time before the Czechoslovak regime would kick an American out of Prague in retaliation. The embassy thought it might avoid that outcome if it cut off ties with dissidents. My visit gave the embassy’s political officer an opportunity to resume those ties.  Still, he warned me, I might be the convenient target of retaliation.

Czechoslovakian authorities allowed foreign participants to attend the symposium, but by the time my plane landed, the principal organizers of the event, including Vaclav Havel, had been arrested. I was deposited at the Hotel Jalta, along with  others who had come from abroad to participate. The small black and white television in my room had a neatly typed card in front of it that said in English, “Do not attempt to change the station.” I spun the dial at every opportunity. 

This is where I first met Max van der Stoel, the former Dutch Foreign Minister and man of inestimable integrity who later became the OSCE High Commissioner on National Minorities. 

Eventually, Vaclav Havel was released, and I met with him and other dissidents before heading to a “parallel” symposium on “8s” organized by exiles in Vienna. In Vienna, I also reported to the head of the U.S. delegation to the Vienna Follow-up Meeting, Ambassador Warren Zimmerman, about the events in Prague.

On November 15, 1988, Ambassador Zimmerman announced the U.S. position on the Czechoslovak bid to host a follow-up meeting, noting that the lack of openness and access made U.S. endorsement impossible:

. . . [T]he pattern of repression in Czechoslovakia, together with the persistent efforts of the Czechoslovak delegation to secure approval for Prague as host of an economic follow-up, lead me to state for the record the U.S. position on the candidacy of Czechoslovakia . . .  [A] prospective host should reflect commitment to openness and access, for its visitors and for its own citizens, that has been so well exemplified by the government of Austria at the Vienna meeting. By this simple and reasonable standard, the government of Czechoslovakia fails – and fails abysmally. For that reason, the United States will not join any proposal that any post-Vienna meeting be held in Czechoslovakia. That decision is irrevocable; it will not be subject to review or change during the life of the Vienna meeting.

In June 1989, an American diplomat – my control officer for the November symposium – was declared persona non grata by the Czechoslovak authorities, in retaliation for the U.S. expulsion of another Czechoslovak diplomat from Washington, and expelled one-month short of the end of his three-year tour.

In November 1989, the communist police violently broke up a peaceful pro-democracy demonstration and brutally beat many student participants. They also planted a false story in the opposition that a student demonstrator had been beaten to death. The secret police thought they would be able to reveal that the opposition report of a fatality was false and thereby discredit the growing dissident movement.

Their plan backfired.

Instead, as journalist Mary Battiata wrote, “a half-baked secret police plan to discredit a couple of dissidents apparently boomeranged and turned a sputtering student protest into a national rebellion.”

The United States continues to advocate for openness and access for civil society at meetings organized in the Helsinki process.  Hopefully, it will continue to do so with the same firmness and determination it did 30 years ago.

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  • INVASION AND REVISION

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The purpose of the visit was to strengthen support for the shared principles of democracy and collective security to which the United States and Hungary have jointly committed and with a view to safeguarding fundamental freedoms, democracy, and the rule of law. In meetings with government officials, the members welcomed the Hungarian parliament’s approval of the Defense Cooperation Agreement on July 2. Following the conclusion of their visit to Hungary, the delegation traveled to Luxembourg to participate in the annual session of the OSCE Parliamentary Assembly. Members of the delegation also spoke about their visit to Hungary at the Parliamentary Assembly meeting. Members of the Congressional delegation at the statue in Budapest of President Ronald Reagan. The statue was erected in 2011 to honor the American president’s efforts to end communism. It is on Liberty Square, facing the U.S. Embassy, with the Hungarian parliament visible in the background. Majority Leader Hoyer served as chair and co-chair of the Helsinki Commission (positions that rotate between the House of Representatives and Senate) from 1985 to 1994. During that critical period of transition before and during the fall of communism, he made Central Europe a focus of the Commission’s efforts to support human rights and democracy. He led delegations to Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, and Romania, working closely with Secretaries of State George Schultz, James Baker, and Warren Christopher to advance democracy in the region. He also chaired roughly a dozen hearings focused specifically on human rights in Central Europe, including minority rights and religious liberties. As chairman of the Helsinki Commission, Majority Leader Hoyer participated in the 1989 Paris Meeting of the Conference on the Human Dimension and personally introduced a Helsinki Commission initiative that became a formal U.S. proposal: a call for free and fair elections throughout the OSCE region. That U.S. proposal became a key element of the 1990 Copenhagen meeting a year later and set the stage for the subsequent framework for OSCE election observation. Majority Leader Steny H. Hoyer (right) meets with independent journalists Szabolcs Panyi (left) and Anita Komuves (center). Photo: Attila Németh/U.S. Embassy or fotó: Németh Attila/Amerikai Nagykövetség. Majority Leader Hoyer also represented the United States at the 1991 Moscow Conference on the Human Dimension, a meeting notable for taking place shortly after the August coup attempt in Russia. The Moscow Concluding Document included an unprecedented provision explicitly recognizing that human rights and democracy are not strictly the internal affairs of participating States: “The participating States emphasize that issues relating to human rights, fundamental freedoms, democracy and the rule of law are of international concern, as respect for these rights and freedoms constitutes one of the foundations of the international order. They categorically and irrevocably declare that the commitments undertaken in the field of the human dimension of the CSCE are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned. They express their determination to fulfil all of their human dimension commitments and to resolve by peaceful means any related issue, individually and collectively, on the basis of mutual respect and co-operation. In this context they recognize that the active involvement of persons, groups, organizations and institutions is essential to ensure continuing progress in this direction.”     Hoyer Leads Congressional Delegation to Hungary For Immediate Release:  July 3, 2019 Contact Info:  Annaliese Davis (202) 226-1290 WASHINGTON, DC – House Majority Leader Steny H. Hoyer (MD) led a bipartisan Congressional Delegation to Budapest, Hungary, where they met with government officials, opposition leaders, independent media, and civil society activists.   “The United States continues to support efforts to strengthen democracy in Hungary, and we had many honest discussions during our time in Budapest,” said Leader Hoyer. “We were disappointed that we were unable to meet with Prime Minister Orban. The threat of oligarchs and party loyalists gaining control of independent institutions, the judiciary, and the media is alarming. The erosion of democratic checks and balances ought to concern everyone. We appreciated the opportunity to meet with civil society activists and share our support for the work they are doing to renew democracy in their country.  We will continue to promote strong democratic institutions in Hungary that hold its leaders accountable to protect the rights and freedoms of its people.”   “Our meetings with diverse political leaders, independent journalists, representatives of religious communities and civil society were informative and illuminating.  We remain convinced that a strong, democratic Hungary would be the most effective partner for the United States and our NATO allies,” said Senator Cardin, the lead Senate Democrat on the Commission on Security and Cooperation in Europe (CSCE). “We regret that we were unable to speak directly with Prime Minister Orban regarding the steps his government has taken which have undermined core elements of democracy, opened the door to Russian malign influence, and enabled corrosive corruption. Our alliance is not only about shared interests but shared values, and hope alone will not make this reality.  The United States remains open, as an active partner, to find ways to strengthen democracy and the rule of law, protect civil society, and counter extremism that fuels anti-Semitism and undermines regional stability.”    “Hungary is a firm friend and a loyal ally, but all of us are concerned about the erosion of democratic institutions and the rise of Russian influence," said Congressman Cole. "We intend to work with our Hungarian friends across the political spectrum to ensure that their elections are free and fair, their judiciary independent, and their press vibrant and robust." The delegation prioritized meeting with human rights and anti-corruption leaders. The delegation also met with the leadership of the Central European University and expressed their support for it to remain open.  Among the government officials with whom the Members held meetings were the head of the Foreign Affairs Committee of the Hungarian Parliament and the Prime Minister’s Chief of Staff.    The other Members of the Congressional Delegation are: Sen. Ben Cardin (D-MD), the lead Senate Democrat on the Commission on Security and Cooperation in Europe (CSCE), and Reps. Tom Cole (OK-04), Gregory Meeks (NY-05), Gwen Moore (WI-04), Steve Cohen (TN-09), Garret Graves (LA-06), and Val Demings (FL-10).   

  • OSCE Representative on Freedom of the Media Harlem Desir to Appear at Helsinki Commission Hearing

    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.

  • BALTIC SEA REGIONAL SECURITY

    For the first time in its 43-year history, the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, convened outside of the United States for a field hearing to underscore America’s commitment to security in the Baltic Sea region and its unwavering support for U.S. friends and allies. At this historic hearing, held less than 80 miles from Russia’s border, senior U.S. civilian and military leaders outlined America’s collaborative approach to enhancing security in the region. High-level officials from Lithuania, Poland, Finland, Sweden, and Estonia provided regional perspectives on the evolving security environment in and around the Baltic Sea. Against the backdrop of the location of the first battle of World War II, panelists discussed regional maritime threats—including Kremlin aggression—and possible responses; the current effectiveness of NATO’s deterrent posture in the Baltics; the transatlantic security architecture; and hybrid and emerging threats.

  • The Helsinki Process: A Four Decade Overview

    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.

  • Helsinki Commission Debuts Monthly Podcast Series, “Helsinki on the Hill”

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the launch of “Helsinki on the Hill,” a new podcast series that tells the human stories behind the commission’s work to promote human rights, military security, and economic cooperation in North America, Europe, and Central Asia. “Too often, the tragedies and triumphs of individuals get lost in the day-to-day business of policymaking,” said Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20). “Through ‘Helsinki on the Hill,’ we aim to share the stories that inspire us every day as we fight for truly comprehensive security for the citizens of all OSCE participating States.” Upcoming “Helsinki on the Hill” episodes include: Episode 1: In the Beginning. In the inaugural episode of "Helsinki on the Hill," the Helsinki Commission's first staff director, Spencer Oliver, shares how the Helsinki Commission evolved from its beginnings in the 1970s to become an organization that reflects the overarching commitment of the United States to security and cooperation in Europe, and that has played a vital role in introducing and promoting the concept of human rights as an element in U.S. foreign policy decision-making. Episode 2: Seeking Justice in Serbia. Twenty years after U.S. citizens Ylli, Agron, and Mehmet Bytyqi were brutally murdered in Serbia in the aftermath of the 1999 conflict in Kosovo, their brother Ilir documents his family’s fight for justice in the face of inaction by Serbian authorities. Episode 3: Civilians in the Crossfire. Alexander Hug, former principal deputy chief monitor of the OSCE Special Monitoring Mission in Ukraine, describes the toll taken on civilians in Eastern Ukraine’s war zone, the dangers faced by the unarmed civilian mission, and the urgent need to generate the political will to end the unnecessary conflict. To listen to the podcast, visit www.csce.gov/helsinki-hill. “Helsinki on the Hill” is also available on Spotify, iTunes, Google Play, and Stitcher.

  • U.S. Helsinki Commission Participates in D-Day Commemorations

    By Alex Tiersky, Senior Policy Advisor and Kyle Parker, Senior Senate Staff Representative On June 6, 1944, universally known as “D-Day,” history was forever altered by the largest multi-national amphibious landing and operational military airdrop in history. On that day, approximately 160,000 Allied troops, supported by more than 5,000 ships and 13,000 aircraft, braved the withering fire of Nazi Germany's fortifications on the beaches of Normandy to gain a foothold in continental Europe, commencing in earnest the liberation of Europe and the end of Adolf Hitler’s Nazi regime.  The program for the June 6 Ceremony for the 75th Anniversary of D-Day, Normandy American Cemetery, Omaha Beach, Colleville-sur-Mer, France.​ Members and staff of the U.S. Helsinki Commission traveled to Normandy to commemorate the 75th anniversary of that momentous day and to honor the bravery and sacrifice of more than 9,000 Allied Soldiers who were killed or wounded in the assault.  The presence of members of Helsinki Commission leadership, including Co-Chairman Sen. Roger Wicker and Ranking Member Sen. Ben Cardin, attested to the continued strength of the transatlantic bond cemented by this seminal event.Their presence underlined once again the continued U.S. commitment to European security, and to promoting freedom, justice, and peace in the OSCE region and beyond. Army flight formation as part of the D-Day commemoration. The 2019 anniversary took on special resonance, as it is likely to be the last major opportunity for D-Day veterans—now in their mid-90s and older—to participate. Commission representatives began the morning of June 6, 2019 with a ceremony at the Normandy American Cemetery at Colleville-sur-Mer. The hallowed ground, which sits on a cliff overlooking Omaha Beach, contains the graves of more than 9,380 of American soldiers, most of whom lost their lives in the D-Day landings and ensuing operations. Left, General Dunford, Chairman of Joint Chiefs speaks to Representative Michael Waltz (FL-06). At the ceremony, Helsinki Commission Co-Chairman U.S. Senator Roger F. Wicker recalled being moved by President Trump’s remarks. As Senator Wicker recently relayed at a hearing in Gdansk, "Under no circumstance can we be divided from our friends and allies, here or anywhere else.  I was reminded of this key principle when I participated in the commemoration of the 75th anniversary of D-Day in Normandy.  I am certain all of my colleagues are unanimous in their agreement with the sentiment President Trump expressed on that occasion: “To all of our friends and partners: Our cherished alliance was forged in the heat of battle, tested in the trials of war, and proven in the blessings of peace.  Our bond is unbreakable.”  A particularly poignant moment of the ceremony saw French President Macron turning to face several dozen veterans of that fateful day 75 years ago to tell them in their native tongue, "We know what we owe to you, veterans: our freedom. And on behalf of my nation I just want to say thank you." Canadian Prime Minister Trudeau speaks at the Juno Beach ceremony. Later on June 6, Commission representatives took part in a second ceremony, this one at Juno Beach (Courseulles-sur-Mer), where some 21,000 men (14,000 Canadian and 7,000 British) had landed 75 years before. The ceremony, presided over by French Prime Minister Édouard Philippe (in the presence of Speaker of the United States House of Representatives Nancy Pelosi and Canadian Prime Minister Justin Trudeau, among other dignitaries), featured solemn remarks from senior officials. However, perhaps most moving were a series of personal reflections from school-age children on the meaning of war, peace, and memory. Their innocent sincerity offered possibly the greatest tribute to what the heroes of D-Day fought and died for. 

  • Partially Protected?

    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.”

  • Russia's Counterproductive Counterterrorism

    Russia’s counterterrorism approach, which is problematic in both conception and execution, makes Moscow an ill-suited partner with the United States in this field, experts told the U.S. Helsinki Commission at a hearing on June 12, 2019.  The hearing closely examined the development, history, and repercussions of the Kremlin’s approach to counterterrorism under Vladimir Putin, including Moscow’s attempts to present itself as a regional and global leader on this issue.  Witnesses included Dr. Michael Carpenter, Senior Director of the Biden Center for Diplomacy and Global Engagement at the University of Pennsylvania and former Deputy Assistant Secretary of Defense; Rachel Denber, Deputy Director, Europe and Center Asia Division, Human Rights Watch; and Dr. Mariya Y. Omelicheva, Professor of Strategy at the United States National War College of the National Defense University.  In his opening statement, Rep. Richard Hudson (NC-08), who chaired the hearing, noted concerns expressed by many, including the U.S. Director of National Intelligence, about Russia’s attempts to assume the mantle of leadership in the counterterrorism sphere, through efforts that include placing Russian nationals in senior counterterrorism positions in international organizations.  Rep. Hudson further expressed concern regarding overly broad use of “terrorism” and “extremism” labels by the Kremlin and authoritarian regimes across Central Asia, in contravention of their commitments to human rights Rep. Hudson was joined by other Helsinki Commissioners. Sen. Cory Gardner (CO) underscored the inherently destabilizing nature of Russia’s counterterrorism policies and practices and recalled legislation he has introduced that would require the Department of State to formally determine whether Russia should be designated a state sponsor of terrorism.  Rep. Robert Aderholt (AL-04) raised questions regarding Russia’s role in the downing of Malaysia Airlines flight 17 over eastern Ukraine and whether such an action amounts to state-sponsored terrorism, as well as the impact of Russia’s counterterrorism policies on its Muslim population.  Rep. Brian Fitzpatrick (PA-01) drew upon his experience in the Federal Bureau of Investigation to highlight the challenges of sharing investigative techniques and best practices for fighting terrorism with Russia, as opposed to other countries in the region.  Dr. Omelicheva discussed how the Kremlin has increasingly prioritized fighting terrorism, both as a policy and as a political theme. She described how punitive measures, rather than a focus on socioeconomic improvement to address root causes of radicalization, have long been a preferred method of Russia’s military and security services for addressing terrorism.  She also noted that some Central Asian states have copied the Kremlin’s heavy-handed methods.    Ms. Denber noted the broad criminal code Russian authorities inappropriately apply—under the guise of fighting terrorism—to persecute people “inconvenient” to the Kremlin.  She discussed in detail other domestic applications of Russia’s counterterrorism criminal laws, including monitoring and storing of Russian citizens’ internet metadata, as well as labeling groups like Jehovah’s Witnesses as extremist organizations.  Russia’s counterterrorism policies may well have alienated segments of Russia’s Muslim population and led individuals to join extremist organizations such as the Islamic State and Hizb ut-Tahrir, Ms. Denber stated.       Dr. Carpenter asserted that active U.S.-Russia counterterrorism cooperation runs counter to U.S. interests and values—highlighting Russia’s penchant for claiming to be fighting extremism while actually punishing dissidents, notably individuals in Crimea critical of the ongoing occupation of the peninsula.  “A single mother was recently imprisoned on extremism charges because she had posted comments critical of Russia’s annexation of Crimea on her social media feed,” he said.    Dr. Carpenter’s experience in government led him to conclude, “Russia approaches counterterrorism from the position of counterintelligence;” when Russia cooperates, it is with the aim of eliciting information rather than pursuing common solutions. Using Syria as an example, he emphasized how Russian leadership does not think in win-win terms when it comes to counterterrorism, even when the U.S. does.  “Moscow will be happy, of course, to host dozens of international conferences, and will periodically suggest that a solution is within reach.  But at the end of the day, its interests are best served when Iran, Hezbollah and Assad are in power to make mischief in the region, because that’s when Russia’s influence with the Europeans, with Israel, and the Gulf States is at its peak,” he said.  Dr. Omelicheva added to these comments with an overview of lessons the Russian government has learned in past failed counterterrorism operations, including the Dubrovka Theater hostage crisis of 2002 and Beslan school siege of 2004.     “The key lesson that the government learned was that they have to have sufficient force to secure the perimeter of the counterterrorism operation, that they need to be able to constrain the freedom of movement, the freedom of mass media, and other types of freedom.” 

  • STANDARD FOR JUSTICE: JUNE 10, 2010

    By Annie Lentz, Kampelman Fellow On June 10, 2010, seven senior Bosnian Serb officials were convicted of war crimes by the United Nations International Criminal Tribunal for the former Yugoslavia (ICTY). This was the largest trial to date held before the ICTY, which uncovered an organized and strategic attack against civilians and UN-protected safe areas in 1995 during the conflict in the Balkans. Bosnian Serb political and military leaders Radovan Karadžić and Ratko Mladic were later convicted of orchestrating the criminal plan. The trial began on August 21, 2006 and continued for 425 days until concluding on September 15, 2009. The inquiry featured testimony from 315 witnesses, with 5,383 exhibits of evidence totaling 87,392 pages. U.S. Helsinki Commission leaders expressed their support for the convictions handed down by the Tribunal, serving justice to those involved in the genocide of about 8,000 ethnic Bosniak men and boys residing in Srebrenica, an enclave  in Bosnia and Herzegovina which fell despite U.N. protection. Then-Chairman Sen. Ben Cardin said, “The ethnic cleansing that occurred in Bosnia was orchestrated by individuals who are now finally facing justice for their crimes. Others awaiting trial or who believe they may have escaped prosecution should take this as a sign that they too will answer for their crimes against humanity.” “The wheels of justice may not always turn as fast as victims’ families would like, but the convictions of Vujadin Popovic and Ljubisa Beara show the strength of the International War Crimes Tribunal to hold people to account,” said then-Co-Chairman Rep. Alcee L. Hastings. Following calls from Helsinki Commission leadership and other human rights advocates, the ICTY was established in reaction to the atrocities committed during the decade of conflicts in the former Yugoslavia. It was the first international attempt to hold political leaders accountable for war crimes, crimes against humanity, and genocide since the Nuremburg and Tokyo trials following World War II, and it established that the massacre committed in Srebrenica in July 1995 constituted genocide. Other crimes committed in Croatia, Bosnia and Herzegovina, and Kosovo included mass ethnic cleansing campaigns in which millions were displaced, thousands of women and girls were raped, and many others were detained and tortured.  The death toll in Bosnia and Herzegovina alone is believed to have exceeded 100,000 individuals.  The ICTY concluded its work in 2017, having indicted 161 individuals in connection to crimes during the conflicts in the Balkans while setting global precedents regarding cases of genocide, crimes against humanity, violations of the laws or customs of war, and grave breaches of the Geneva Conventions. Ninety offenders were sentenced to serve prison time in 14 European states. The Tribunal also set the standard for how such atrocities should be handled to achieve international justice. In December 2017, the Helsinki Commission organized a public briefing to assess the accomplishments of the tribunal and ongoing efforts to pursue justice for atrocities in the Western Balkans.    

  • Helsinki Commission Briefing to Explore Non-Asylum Protections in United States And Europe

    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.

  • Helsinki Commission Hearing to Examine Russia’s Approach to Counterterrorism

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: RUSSIA’S COUNTERPRODUCTIVE COUNTERTERRORISM Wednesday, June 12, 2019 10:30 a.m. Rayburn House Office Building Room 2255 Live Webcast: www.youtube.com/HelsinkiCommission The Kremlin actively seeks to present Russia as a global leader in the practice of counterterrorism and countering extremism. However, Moscow’s policies and practices in this area may be problematic at best and counterproductive at worst. Witnesses will offer expert views on how the Kremlin’s counterterrorism approach has evolved over time; its effectiveness; the extent to which it complies with Russia’s commitments to uphold human rights and fundamental freedoms; regional implications; and whether Kremlin actions dovetail—or not—with U.S. interests.  The following witnesses are scheduled to participate: Dr. Michael Carpenter, Senior Director, Penn Biden Center for Diplomacy and Global Engagement; former U.S. Deputy Assistant Secretary of Defense for Russia; former National Security Council Director for Russia Rachel Denber, Deputy Director, Europe and Central Asia Division, Human Rights Watch Dr. Mariya Y. Omelicheva, Professor of Strategy at the United States National War College, National Defense University; author, “Russia’s Regional and Global Counterterrorism Strategies” and “Russia’s Counterterrorism Policy: Variations on an Imperial Theme”

  • Chairman Hastings on Upcoming Meeting Between President Trump and Prime Minister Orban

    WASHINGTON—Ahead of Monday’s meeting between U.S. President Donald Trump and Hungarian Prime Minister Viktor Orban, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “Thirty years after Central European nations threw off the mantle of communism and oppression, I recall the unwavering support of the United States for the democratic aspirations of their citizens, and the warm welcome Hungary received when it joined the ranks of self-governing, free nations. I echo Secretary’s Pompeo’s message, delivered in Central Europe in February: Upholding democracy in each and every country is vital to human freedom. “President Trump must urge Prime Minister Orban to end Hungary’s anti-Ukraine policy at NATO, resolve concerns about the relocation of the Russian International Investment Bank to Budapest, ensure that Hungary’s ‘golden visas’ are not used to evade U.S. sanctions, and address document security problems to ensure the integrity of the visa waiver program. In addition, the president must prioritize meaningful democratic change in Hungary and encourage the Hungarian Government to repeal the 2017 and 2018 laws curtailing freedom of speech, assembly, and association.” U.S. authorities have identified at least 85 criminals who fraudulently obtained Hungarian passports to enter or attempt to enter the United States. At an April 2019 Helsinki Commission briefing, Dalibor Rohac of the American Enterprise Institute noted that the chairman of the International Investment Bank has long-standing ties to Russian intelligence agencies, raising concerns that the relocation of the bank from Moscow to Budapest could provide a platform for intelligence-gathering operations against U.S. allies. In April, U.S. Special Representative to Ukraine Kurt Volker visited Budapest and urged Hungary to end its anti-Ukraine policy in NATO. In February, during a visit to Slovakia, Hungary, and Poland, U.S. Secretary of State Mike Pompeo said, “Every nation that raises its voice for liberty and democracy matters, whether that’s a country that’s as big as the United States and with as large an economy as we have in America, or a smaller country. They’re each valuable. Each time one falls, each time a country – no matter how small – each time it moves away from democracy and moves towards a different system of governance, the capacity for the world to continue to deliver freedom for human beings is diminished. And so I would urge every country, no matter its size . . . to stay focused, maintain its commitment.”

  • Helsinki Commission Chairman Condemns Mob Attacks on Roma in Europe

    WASHINGTON—Following reports of a mob attack against the Roma community and a police station in Gabrovo, Bulgaria, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) today issued the following statement: “I am very disturbed by the increasing frequency of mob attacks on Roma in Europe—most recently in Bulgaria, but also in Italy, France, and the Czech Republic. Governments must do more to counter the corrosive effects of hate-mongering and protect their most vulnerable communities from bias-motivated crimes. “The violence in Bulgaria is particularly concerning. As they say in the horror movies, ‘the call is coming from inside your house.’ An attack on a government institution like a police station is an attack on democracy itself.” Reports indicate that earlier this week, an anti-Roma group attacked the police station in Gabrovo when officers refused to turn over three Roma to the mob following an altercation at a local shop. Some Romaní homes were subsequently destroyed. The attack comes on the heels of recent anti-Roma rhetoric at the highest levels of the Government of Bulgaria. In February, Bulgarian Defense Minister and Deputy Prime Minister Krasimir Karakachanov proposed offering free abortions to limit the Roma birthrate. In early April, a mob attacked 70 Roma, including children, in a suburb of Rome, Italy. Prosecutors have opened an investigation into the attack.  Similar attacks on Roma in the town of Dvorec in the Czech Republic forced a Romani family to leave the area. Three Romani children were subsequently attacked in the Czech village of Lipník nad Bečvou. In France in late March, false kidnapping accusations against Roma circulated on social media were associated with gang attacks on Roma in France. Local police issued statements to quell the disinformation. 

  • Slovakia's Chairmanship of the OSCE

    In 2019, Slovakia holds the chairmanship of the world’s largest regional security organization: the Organization for Security and Cooperation in Europe (OSCE), which brings together 57 countries from North America, Europe and Central Asia. At the Helsinki Commission’s first hearing in the 116th Congress held on April 3, 2019, Slovakia’s Minister of Foreign and European Affairs, Miroslav Lajčák, was invited to discuss the chairmanship’s priorities for the OSCE in 2019 and its plans for progress. Minister Lajčák was received by Helsinki Commission Chairman Alcee L. Hastings (FL-20), along with Co-Chairman Sen. Roger Wicker, Ranking House Member Rep. Joe Wilson, and Commissioners Sen. Cory Gardner, Rep. Gwen Moore, and Rep. Brian Fitzpatrick. Chairman Hastings encouraged Minister Lajčák to meet with civil society during his country visits as Chair-in-Office, including in the United States.  Co-Chairman Wicker observed, “[a]t a time when civil society is under threat in so many countries, we look to you, as the Chair, to ensure that people’s voices are heard in the OSCE.” Minister Lajčák stated that “resolving conflicts and mitigating their impact on people” in countries suffering from “economic instability, political instability, [and] human rights violations” is a priority for Slovakia’s Chairmanship. He focused on Ukraine due to the severity of the country’s conflicts, while also acknowledging those in other areas of the OSCE region such as Transnistria, Georgia, and Nagorno-Karabakh, for which Co-Chairman Wicker emphasized the need for the OSCE to “strengthen the process of democratic reform, fight against corruption, and fight against regional instability.” The minister emphasized that his goal will be to focus on a list of nine concrete measures that would “bring about small, but concrete, results and improvement [in Ukraine] for the people on the ground,” such as humanitarian demining and repairing civilian infrastructure. He asserted that repairing Stanytsoa Lukanska, a bridge which serves as a key piece of transportation infrastructure in the Luhansk area, is the most important of these measures. The minister also emphasized the need to ensure a safer future, especially for young people, by countering cyberterrorism and its (mis)use in organized crime and human trafficking. He emphasized the importance of educating youth in matters related to cybersecurity, including emerging threats such as cyberterrorism. To that end, Slovakia’s chairmanship will use its convening authority “to call attention to new trends and explore potential collaborative impact.” Chairman Hastings optimistically remarked that “young people know a hell of a lot more about [cyber security and technology] than we do” and Commissioner Moore commended Mr. Lajčák for focusing on the youth – “it is a quintessential strategy for preventing chaos.” Finally, the Slovak Chair-in-Office focused on multilateralism, considered by Minister Lajčák as a “fundamental problem-solving and war-preventing” tool both in and outside of the OSCE. Furthermore, Minister Lajčák emphasized the importance of “working together on multilateral platforms [which] is inevitable if we want to safeguard peace and prosperity to our people,” calling the OSCE “the platform to do just that.” He affirmed this priority of co-operation between OSCE participating States in response to a concern raised by Commissioner Moore regarding certain participating State’s “violations [of all] the Helsinki principles” which would undermine multilateralism within the OSCE: “We have to […] look eye-to-eye and talk about issues […] that is what makes the OSCE unique.” Throughout the hearing, the Chair-in-Office stressed an intent to counter terrorism in his priorities. Part of the minister’s first conference to encourage youth education involved “promoting tolerance and non-discrimination, and the best practices in combating modern-day anti-Semitism,” to stem terrorism. Furthermore, a second conference, held a week before the hearing, “focused on preventing and countering terrorism as well as violent extremism and radicalization that lead to terrorism.” The minister asserted that “terrorism and violent extremism pose as grave a threat as ever” and that “we, at the OSCE, need to continue updating and adapting our toolbox” to be prepared for the future. Despite specific victories, such as the recent destruction of the remaining Daesh strongholds, the minister advised that “this is not a time to get comfortable,” and that “we need to address the root causes [of terrorism] and stay one step ahead.” The OSCE Chair-in-Office also addressed regional challenges including Russia’s continued aggression in Ukraine; protracted conflicts in Transnistria, Georgia, and Nagorno-Karabakh; increasing instability in the Western Balkans; and Turkey’s campaign to 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, and vulnerable communities are targets of discrimination and violence. However, Chairman Hastings is optimistic about the capability of the OSCE to advance the rule of law, human rights, and non-discrimination its participating States. Minister Lajčák expressed confidence that providing concrete measures to improve the daily lives of those living in conflict, educating youth, and encouraging multilateral engagement on their behalf will lead to positive developments throughout the OSCE region.

  • First Person: A Divided Island’s Long Road to Peace

    By Mark Toner, Senior State Department Advisor There are two images seared into my brain from my visit to Cyprus during a recent congressional delegation led by Sen. Roger Wicker (MS). The first was a darkened, underground garage filled with the rusting hulks of mid-1970s Toyotas.  They were once the sparkling-new inventory of a car dealership situated in the heart of Nicosia, Europe’s last divided capital. Following the 1974 incursion by Turkish forces in the wake of a failed coup attempt, the dealership became part of a buffer zone that runs like a scar across the length of Cyprus, separating the Turkish Republic of Northern Cyprus (TRNC) and the Republic of Cyprus (RoC). The dealership’s owner fled when the fighting erupted and never returned. The cars sit frozen in time, waiting for customers who will never come. Abandoned vehicle in Nicosia, Cyprus. The second was both jarring and moving: at the Committee on Missing Persons, we entered a clean, cavernous room full of long tables on which an array of partially-reconstructed skeletons were arranged—the remains of some of the more than 2,000 people who disappeared during the outbreak of violence between Greek Cypriots and Turkish Cypriots in 1963-64, as well as during the later 1974 conflict. Located in a compound in the United Nations Protected Area near the old Nicosia airport, the Committee is an organization established by both the Greek Cypriot and Turkish Cypriot communities that recovers, identifies, and ultimately returns these remains to their still-grieving families and loved ones, using state-of-the-art DNA technology and an exhaustive scientific process. These were just two of the places we visited during our two-day stay on the island as part of a bipartisan, bicameral delegation on its way to the Winter Meeting of the OSCE Parliamentary Assembly in Vienna, Austria. As part of our jam-packed schedule, the delegation met with the President of the Republic of Cyprus and Turkish-Cypriot leadership, and toured the UN buffer zone with the hardworking and good-natured UN peacekeepers who police the 112-mile ceasefire line. Cyprus is among the world’s oldest and most intractable frozen conflicts, and the social, political, and economic tensions the conflict created still feel fresh today. Since the island was effectively split in two in 1974, there have been repeated UN-led attempts to broker a settlement and reunify the island, but all have ended in failure. It is also a tale of two realities. While Greek Cypriots enjoy the benefits of EU and Eurozone membership and seek to exploit the potential of untapped hydrocarbon reserves located in an Exclusive Economic Zone that surrounds the island, those who live in the self-proclaimed Turkish Republic of Northern Cyprus remain politically and economically isolated from the rest of Europe and rely heavily on their big brother to the north, Turkey, for security and economic assistance. Our visit to Cyprus was a stark reminder of the difficulty of moving past an unresolved conflict, in a place where grievances are often passed from generation to generation, and the ghosts of the past remain as tangible as the neglected shell of a crumbling 15th-century church in the UN buffer zone or the rusting hulks of airplanes still sitting on the runway of the abandoned Nicosia International Airport. Our brief visit to the Committee on Mission Persons, however, was a poignant reminder of the vital importance of civil society in restoring a sense of normalcy once the fighting ends.  It is a calming place, where dedicated people from both sides of the conflict work together to bring a sense of closure to those who lost loved ones in the fighting; it speaks to the fierce resiliency of the people of Cyprus and the enduring hope that old wrongs can yet be overcome.       

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