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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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    WASHINGTON—Following violent police crackdowns on protesters during a weekend of pro-democratic demonstrations in Moscow, as well as the arrest of Russian opposition leader Alexei Navalny days before the protest and his subsequent hospitalization, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “We condemn the extraordinary use of force by riot police against peaceful protesters in Moscow seeking a free and fair electoral process. Ahead of the upcoming September 8 municipal elections, we hope that the citizens of Russia will be able to exercise their rights to participate freely in the democratic process, including voicing their opinion about the transparency of the system of voting and nomination of candidates. “We also are concerned about the health of opposition leader Alexei Navalny, who was arrested on Wednesday, July 24, and subsequently hospitalized following an unknown ‘allergic reaction.’ We will be monitoring the situation closely.” Last weekend, thousands of Russian people took to the streets of Moscow to protest the exclusion of several opposition candidates from the ballot for upcoming City Duma municipal elections on September 8. On July 24, Russian opposition leader Alexei Navalny was arrested, reportedly for his plans to lead the protests. On Sunday, July 28, Navalny’s spokeswoman Kira Yarmysh announced that Navalny suddenly had been hospitalized while in government custody.

  • FIRST PERSON: UKRAINIAN PARLIAMENTARY ELECTIONS

    By Alex Tiersky, Senior Policy Advisor, Global Security and Political-Military Affairs   “Why aren’t you doing your job?!” An unexpectedly tense early morning on July 21, 2019—Election Day in Ukraine: the polling station was more than 30 minutes late in opening. The shouted reprimand came from a voter, an older man who was one of several Kyiv residents who had been present and seeking to vote at this school in the center of the Ukrainian capital since well before 8:00 a.m., when the polls for the national parliamentary elections were supposed to open. His indignation was directed at the beleaguered leadership of the local polling station, who struggled to organize their work and follow the extensive procedures required to meet Ukrainian law and international best practices. *** As an official election observer representing the OSCE Parliamentary Assembly, I was at the polling station to observe the extent to which those best practices were followed. With my capable interpreter Natalya beside me, and in partnership with my experienced observation team partner Latvian MP Aleksandrs Kiršteins, I had arrived days earlier on the invitation of the Ukrainian government for a series of preparatory briefings. On Election Day, we would follow a prescribed plan of observation as part of a larger team of more than 800 international observers spread across Ukraine (with the exception of illegally occupied Crimea, and the Donbas region under the occupation of Russian-controlled forces, where holding a free and fair election would be impossible). *** The disorganized polling station was the first stop of the day for our team. While this was my first time serving as an election observer, I didn’t need the extensive and detailed procedural checklist and questionnaire provided by the OSCE to know that something was seriously amiss. My Latvian colleague confirmed, based on his extensive observation experience, that the situation was extremely unusual. The key problem seemed to be that the leadership of the team responsible for proper running of the polling station (the chair and the secretary, among others), recently had been replaced and the newcomers had little experience with their assigned duties. It was clear that they had done precious little preparation to be able to effectively direct the work of their team on Election Day. We had been warned during the extensive pre-election briefings provided by the OSCE that many local election officials across Ukraine had been replaced. The experts were concerned that this loss of institutional memory had the potential to hamper the operations of local electoral bodies—a warning that, in our case, proved prescient. At 8:45 a.m., a full 45 minutes after its scheduled opening time and to the relief of several increasingly agitated voters and local observers, the polling station finally began to process votes. Judging that tensions at the school building had de-escalated and the situation had achieved some normalcy, we dutifully finalized our observation—promptly reporting our findings to the OSCE election experts compiling statistics from other teams deployed across the country—and moved on to observe voting procedures at several other polling stations. Before leaving, given the challenges at the polling station, we resolved to return in the evening to observe closing procedures and the counting of the vote. *** We spent much of the rest of the day visiting several polling stations in the west of Kyiv. Contrary to our first observation, all the other polling stations we visited were extremely well-organized, with experienced and well-functioning teams of officials ensuring an orderly and transparent voting process. The civic pride demonstrated by the election officials and voters in properly exercising their democratic choice was evident in each location we visited. We witnessed voters of all ages casting their ballots in serene conditions, which we learned from other observation teams was largely the norm across Ukraine that day. *** As the afternoon turned to evening, it was time to return to our initial polling station to assess closing procedures and the start of the counting of ballots. With the station closing as planned at 8 p.m. on the dot, we were quietly hopeful that the morning’s problems had been resolved. Our optimism quickly proved misguided. The election officials were even more poorly directed by their leadership than they had been in the early hours of the day. After two hours of inconclusive progress toward beginning a count of actual ballots, the procedures ground to a halt in a cloud of remonstrations among several hard-working poll workers and local observers on one hand, and the polling station’s leadership on the other. In what I understood to be an extremely unusual development, the majority of the poll workers essentially sidelined their grievously underperforming leadership on the spot in order to better organize themselves. At this point, we needed to return to our home base to report on our observation, leaving behind several other international and local observers to witness what surely would be a long and challenging night of tabulation of ballots. *** As we returned to the hotel, I reflected on the day’s remarkable events. It struck me how counterintuitive some might find it that we had been allowed to witness the poor performance by the leadership of this particular polling station. After all, who wants to air their dirty laundry in front of international observers taking careful note of every discrepancy? It was then, for the first time, that I truly understood the key purpose of our election observation mission. OSCE participating States like Ukraine make the choice to invite international observation missions to their elections precisely because only in providing full transparency can a fair judgment on the electoral process be made. In other words, our observation and reporting of the procedural imperfections we witnessed only underlined the relatively excellent performance witnessed by observation teams in the vast majority of other polling stations across Ukraine. Only through the full transparency provided by impartial external observers using a standardized methodology can the people of Ukraine be sure that their electoral process, to the maximum extent possible, allows for the full and fair expression of their democratic choice. I feel honored to have been able to play even a very small part in this extremely consequential democratic process, and to help an OSCE participating State hold itself accountable to its commitment to the rule of law. I am already looking forward to the next opportunity to serve as an election observer.

  • INVASION AND REVISION

    By Annie Lentz, Max Kampelman Fellow The Soviet-Afghan War, which lasted for more than nine years, began with the December 1979 invasion following a Soviet-orchestrated coup and the subsequent appointment of Soviet loyalist Babrak Karmal as president of a communist Afghan government. The coup was a direct violation of international law and global norms as Afghanistan was—and remains—a sovereign and independent nation. In June 1981, two Mujahideen insurgent coalitions—one moderate, one fundamentalist—formed to combat Soviet influence over the Democratic Republic of Afghanistan. These new groups contributed to an increase in organized, effective guerilla attacks against Soviet forces, leading to the eventual Soviet withdrawal from the country following their failure to quell the Mujahideen insurgency.  Four years earlier, the Soviet Union signed a collection of international agreements—including the Helsinki Final Act—committing to respect the rights of sovereign nations. By signing the Helsinki Final Act, the Soviet Union and 34 other countries pledged to refrain from exercising the threat or use of force, to observe the rights of peoples to self-determination, and to accept international principles of conduct, all commitments that the Soviet Union violated by invading Afghanistan. On July 22, 1981, during the early stages of the Soviet-Afghan war and shortly after the mobilization of the new Mujahideen coalitions, the U.S. Helsinki Commission held a hearing, “Soviet Violation of Helsinki Final Act: Invasion of Afghanistan,” to examine how the Soviet invasion of Afghanistan was not only a violation of international law but also of the terms of the Helsinki Final Act. Then-Chairman Rep. Dante Fascell chaired the hearing, saying, “The Soviet invasion has clearly undermined the spirit and intentions of the principles embodied in the Final Act. Most importantly the invasion of this formerly independent state has severely damaged the international climate and has done great harm to East-West relations.” Rep. Don Bonker, then-Chairman of the House Subcommittee on Human Rights and International Organizations, noted, “There is hardly a single international agreement, treaty, rule of law, custom or civilized behavior that the Soviets have not violated during their bloody occupation and suppression of the Afghan population.” He went on to urge the Reagan administration to use U.S. allies to convince the Soviets that an independent Afghanistan was in the best interest of all parties. Prior to the Helsinki Commission hearing, the international community’s response to the Soviet Union had been growing more severe. On top of escalating sanctions and embargoes which exasperated tensions from the Cold War, in 1980, the U.S. led a boycott of the Summer Olympics hosted in Moscow. In 1984, the Soviet Union did the same to the Summer Olympics in Los Angeles. The retaliatory actions continued through the end of the war, deepening the strain between the U.S. and the Soviet Union. Despite the signing of the Geneva Accords (1988), an international agreement aimed to resolve the situation in Afghanistan, the Mujahideen refused to accept the terms and continued fighting until Soviet forces (or the Soviet military) withdrew in 1989. The conflict resulted in upwards of two million civilian casualties and forced 5.5 million Afghans to flee as refugees. The failure of Soviet forces to win the war or quell the Mujahideen insurgency is thought to have contributed to the collapse of the Soviet Union. The failure to win the Cold War proxy battle having an extensive impact on Soviet politics and the perceived legitimacy of the Soviet government. The Soviet-Afghan War left the Afghan government in ruins. It would take years for significant progress to be made, and even then, the deteriorated state of the government and the economy left the country susceptible to extremist groups. In 1999 the United Nations Security Council adopted Resolution 1267 to combat terrorist entities in the country, including the Taliban, which can trace its origins to the aftermath of the Soviet-Afghan War. Unfortunately, the UN’s efforts proved insufficient, allowing for the rise of Al-Qaeda and other extremist groups. For the past few decades, the Helsinki Commission has worked closely to promote human rights and security in Afghanistan, holding hearings to support the country’s progress and recovery. The Commission has also worked to ensure the U.S. upholds its own international commitments. The Russian Government remembers the conflict differently. The Kremlin is using the 30th anniversary of Soviet troop withdraw for political gains, passing legislation this year to subsequently justify the conflict. Such legislation continues Vladimir Putin’s trend of historical revisionism and deepens the divide between the Kremlin’s political narrative and history.

  • HELSINKI COMMISSIONERS VISIT HUNGARY

    Pictured: Mate Szabo, Hungarian Civil Liberties Union (left) meets with Representative Tom Cole (right). From July 1 to July 3, three members of the U.S. Helsinki Commission visited Hungary as part of a bipartisan delegation led by House Majority Leader Steny H. Hoyer. The delegation included Senator Benjamin L. Cardin, Ranking Senate Commissioner and OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism and Intolerance, as well as Commissioners Steve Cohen and Gwen Moore. It was the largest congressional delegation to visit Hungary in at least three years.  From left: Rep. Garret Graves, Rep. Val Demings, Helsinki Commissioner Rep. Steve Cohen, Helsinki Commission Ranking Member Sen. Ben Cardin, Amb. David Cornstein, House Majority Leader Steny H. Hoyer, Minister of the Prime Minister’s Office Gergely Guylas, Rep. Tom Cole,  Helsinki Commissioner Rep. Gwen Moore, Rep. Gregory Meeks The delegation met with civil society representatives; independent investigative journalists; analysts with expertise on corruption, Russian malign influence, and security; experts on the judiciary; and democratic opposition representatives. In addition, the delegation met with the rector of Central European University and the head of Hungary’s Jewish communities. The delegation requested meetings with the Prime Minister, Minister of Foreign Affairs and Speaker of the Hungarian parliament. During the visit, the Members of Congress had an exchange of views with Gergely Gulyás, the Prime Minister’s Chief of Staff, and Zsolt Nemeth, the chair of the Hungarian National Assembly foreign affairs committee.  U.S. Ambassador to Hungary David Cornstein welcomed the delegation and accompanied the Members to their meetings, also hearing the diverse concerns raised. 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.

  • 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.

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