The Power and Purpose of Parliamentary DiplomacyWednesday, February 05, 2020
While diplomats largely drive a nation’s foreign policy, elected members of national parliaments, including the U.S. Congress, also play a crucial role in influencing policy priorities, holding governments accountable, and providing a firmer democratic foundation to the advancement of peace, cooperation, and human rights across the globe. Through the parliamentary assemblies of organizations that play a critical role in international peace and security—the Organization for Security and Cooperation in Europe (OSCE) and the North Atlantic Treaty Organization (NATO)—parliamentarians can advance national interests on the international stage. The U.S. Helsinki Commission convened the hearing to encourage inter-parliamentary dialogue and examine the role parliamentary diplomacy can play in responding to current challenges facing the OSCE and NATO. The hearing also demonstrated bipartisan U.S. support for multilateral engagement based on shared principles and common goals. Commission Chairman Rep. Alcee L. Hastings (FL-20) chaired the hearing and was joined by Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD), Commissioner Rep. Joe Wilson (SC-02), and Rep. Filemon Vela (TX-34), a member of the U.S. delegation to the NATO Parliamentary Assembly. Chairman Hastings’ opening statement highlighted the value of effective parliamentary forums in contributing to security cooperation in Europe and around the world. Co-Chairman Wicker’s opening remarks emphasized that transatlantic dialogue has become even more important given continued Russian aggression. “If diplomacy is war by other means, we should no more abandon the plenary hall than the battlefield,” he stated.” George Tsereteli, a member of the parliament of the Republic of Georgia and President of the OSCE Parliamentary Assembly, and Attila Mesterhazy, a member of the parliament of Hungary and the Acting President of the NATO Parliamentary Assembly, both testified at the hearing Tsereteli discussed the necessity of active and visible international cooperation. He specifically acknowledged the advantages of parliamentary diplomacy in facilitating “public discussions,” “additional communication channels between conflict parties,” and “fact-finding missions.” Tsereteli also addressed Russia’s rogue actions in Russian-occupied territories. While he voiced support for maintaining pressure on the Putin regime, he upheld the importance of continued dialogue and compromise. Mesterhazy’s testimony focused on the NATO Parliamentary Assembly’s recent achievements and its role in shaping the future of NATO. He contended that the NATO Parliamentary Assembly is a powerful complement to NATO because of the Assembly’s broad mandate, diverse membership, and utilization of majority voting. Mesterhazy also discussed Russian aggression in the region, asserting that “[the Ukraine War] is not a frozen conflict, it’s boiling” and commending the NATO Parliamentary Assembly for expelling the Russian delegation in 2014, following the illegal annexation of Crimea. The hearing provided insight on the parallels of multilateral engagement within the OSCE Parliamentary Assembly and the NATO Parliamentary Assembly. Commissioners and panelists were able to address various issues facing transatlantic security and remain hopeful for the future of parliamentary diplomacy and cooperation.
Media Advisory: Chairman Hastings, OSCE PA President Tsereteli, and Commissioner Moore to Address International Gathering of Young Legislators on Capitol HillThursday, January 30, 2020
WASHINGTON—To empower future leaders in the North America, Europe, Central Asia, and beyond, the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission), the Organization for Security and Cooperation in Europe Parliamentary Assembly (OSCE PA), and other partners will convene a seminar for young legislators on Capitol Hill on Monday, February 3 and Tuesday, February 4, 2020. During the two-day program, leading young legislators from OSCE participating States, along with members of Congress and select guests, will discuss the role of young people in peace and security efforts in both national and international fora. Attendees also will engage with other political leaders to forge a transatlantic network for political action to address emerging human rights and security challenges. Members of the media are invited to attend the opening and closing sessions of the event. WHO: Helsinki Commission Chairman Rep. Alcee L. Hastings (opening and closing sessions) Helsinki Commissioner Rep. Gwen Moore (opening session) OSCE PA President George Tsereteli (closing session) Other Members of Congress to be confirmed Nearly 50 young legislators from 25 countries WHERE: U.S. Capitol Visitor Center, Room HVC-210 (opening session) U.S. Capitol Visitor Center, Room SVC-200/201 (closing session) WHEN: Monday, February 3, 2020 (opening session) 12:30 p.m. to 1:00 p.m. Tuesday, February 4, 2020 (closing session) 1:15 p.m. to 2:00 p.m. Members of the media must register in advance to attend the public sessions of the seminar by emailing csce[dot]press[at]mail[dot]house[dot]gov.
Human Rights and DemocracyWednesday, January 29, 2020
For nearly three decades, the Organization for Security and Cooperation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) has been at the forefront of efforts to promote human rights and democracy throughout the 57-nation OSCE region. Although best known for international election observation, ODIHR has also been instrumental in countering various forms of intolerance, helping governments combat human trafficking, protecting human rights defenders, and implementing OSCE commitments to fundamental freedoms. The U.S. Helsinki Commission convened the hearing to demonstrate bipartisan support for ODIHR, to reinforce the U.S.’s support related OSCE initiatives, and to hear about the ongoing work of ODIHR. Commission Ranking Member Rep. Joe Wilson (SC-02) chaired the hearing and was joined by Commissioners Rep. Robert Aderholt (AL-04), Rep. Steve Cohen (TN-09), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. Wilson’s opening remarks highlighted the historic achievements of ODIHR, which include assisting countries to “transition from communism to democracy,” supporting “civil society participation in OSCE events,” and facilitating “strong cooperation with the Parliamentary Assembly.” In her first appearance before Congress, ODIHR Director Ambassador Ingibjörg Sólrún Gísladóttir addressed multiple challenges that have impeded the effectiveness of ODIHR activities. She then outlined ODIHR’s role in offering proactive solutions. In particular, Ambassador Gísladóttir stressed the importance of dialogue and asserted that democracy is about “respect and trust, an acceptance of differing opinions, an exchange of views, and the willingness to share power and seek compromise.” She concluded on an optimistic note, emphasizing unity within the OSCE and its “commitment to democracy and to the wellbeing of its people.” Although conscious of ODIHR’s efforts, commissioners voiced concerns that some OSCE participating States are not complying with their commitments to uphold basic human rights standards. Commissioners specifically acknowledged restrictions on religious freedom in Russia, poor conditions for activists and journalists, and rising anti-Semitism and discrimination against the Roma people across the region. This hearing continued the Helsinki Commission practice of regularly engaging with senior OSCE officials.The Commission typically holds hearing with the foreign minister of the country holding the rotating chairmanship of the OSCE. The Commission has also held hearings with previous ODIHR directors as well as the OSCE Representative on Freedom of the Media.
Life Under OccupationTuesday, January 28, 2020
Nearly six years into Russia’s illegal occupation of Crimea, the human rights situation there continues to deteriorate. Russian authorities have restricted freedom of speech and assembly, suppressed civil society activity, persecuted religious and ethnic minorities, muzzled dissent, and continue to implement an aggressive process of “Russification” toward residents of the peninsula. The U.S. Helsinki Commission convened the hearing to explore Russia’s ongoing assault on Crimea’s vulnerable minorities, as well as its blatant disregard for human rights. As an occupying power, Russia bears the full weight of responsibility for the abuses being inflicted on the population of Crimea. Panelists discussed Russia’s repression of basic freedoms in Crimea and persecution of those who don’t recognize Russian authority. Commission Chairman Rep. Alcee L. Hastings (FL-20) chaired the hearing and was joined by Commission Co-Chairman Sen. Roger Wicker (MS) and commissioners Sen. Sheldon Whitehouse (RI), Rep. Robert Aderholt (AL-04), and Rep. Marc Veasey (TX-33). Chairman Hastings’ opening remarks addressed Russia’s attempts to stymie Ukraine’s relationship with the European community and the brutal tactics used throughout Crimea’s occupation. Hastings shed a light on the harsh reality of Russia’s continued occupation, which is “aimed at forcing a proud people into submission, whether they be civil society activists, community or religious leaders, artists, journalists, or simply those whose religion and ethnicity are viewed with distrust and fear.” This hearing featured testimony from Oleg Sentsov, a Ukrainian writer and filmmaker who was sentenced to 20 years in jail by a Russian court on trumped-up charges of terrorism in 2014. In 2018, Sentsov became a worldwide symbol of defiance and courage when he launched a hunger strike on behalf of all Ukrainian political prisoners being held by Russia. He was released in September 2019. Tamila Tasheva, Deputy Permanent Representative of the President of Ukraine in the Autonomous Republic of Crimea, and Melinda Haring, Deputy Director of the Atlantic Council’s Eurasia Center, also served as witnesses. Sentsov addressed Russia’s “fabricated legal cases” and “long-term imprisonment” against those who simply think differently. He also testified about the various forms of torture he endured in a Russian prison. Sentsov voiced his appreciation for the United States’ continued efforts to counter Russian aggression in Ukraine and asked that Congress maintain pressure on the Putin regime. Tasheva focused her testimony on Russia’s persecution and internal displacement of “disloyal” groups, specifically the Crimean Tatars. Tasheva also called for the creation of an “international platform for negotiations on the return of the temporarily occupied Autonomous Republic of Crimea and the city of Sevastopol to sovereign Ukrainian jurisdiction.” Haring addressed the lack of free press in Crimea, asserting that “the media is controlled by the government.” She praised Radio Free Europe/Radio Liberty’s Crimea service, which tracks developments in Crimea and broadcasts them in three languages to the Crimean population. Haring also warned that the situation in Crimea is worsening, and that Russia has “effectively turned Crimea into a Russian military base.” Throughout the hearing, commissioners expressed their concerns for freedom of religion, freedom of movement, and freedom of the press in Crimea. Commissioners also assured witnesses that support for President Zelensky and the fight for freedom in Ukraine is bipartisan and resolute.
Power of Parliamentary Diplomacy to Be Discussed at Helsinki Commission HearingMonday, January 27, 2020
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: THE POWER AND PURPOSE OF PARLIAMENTARY DIPLOMACY Inter-Parliamentary Initiatives and the U.S. Contribution Wednesday, February 5, 2020 9:30 a.m. Cannon House Office Building Room 210 Live Webcast: www.youtube.com/HelsinkiCommission While diplomats largely drive a nation’s foreign policy, elected members of national parliaments, including the U.S. Congress, also play a crucial role in influencing policy priorities, holding governments accountable, and providing a firmer democratic foundation to the advancement of peace, cooperation, and human rights across the globe. Through the parliamentary assemblies of organizations that play a critical role in international peace and security—the Organization for Security and Cooperation in Europe (OSCE) and the North Atlantic Treaty Organization (NATO)—parliamentarians can advance national interests on the international stage. This hearing will examine the concept of parliamentary diplomacy, review the activities of both the OSCE Parliamentary Assembly and NATO Parliamentary Assembly, and assess the ways in which they parallel and support the multilateral diplomatic efforts of governments to follow shared principles and reach common goals. Witnesses also will discuss the many current challenges facing the NATO alliance and the OSCE region, the role played by the United States Congress, and possibilities for similar parliamentary initiatives elsewhere. The following witnesses are scheduled to participate: George Tsereteli, a member of the parliament of the Republic of Georgia and President of the OSCE Parliamentary Assembly Attila Mesterhazy, a member of the parliament of Hungary and President (Acting) of the NATO Parliamentary Assembly
Election Observation 101Friday, January 24, 2020
On January 22, 2020, Helsinki Commissioner Rep. Mark Veasey (TX-33) moderated a roundtable at the Texas A&M School of Law titled “Election Observation 101: Strengthening Democracies Old and New in the 21st Century.” Rep. Veasey—who also is a co-chair of the Congressional Voting Rights Caucus and a former member of the Elections Committee in the Texas House of Representatives—and expert panelists discussed the importance of election observation missions across the OSCE region. Rep. Veasey was joined at the roundtable by veteran election observer Lindsay Lloyd, director of the human freedom initiative at the George W. Bush Institute; Amanda Schnetzer, chief operating officer of Pointe Bello; and Helsinki Commission Chief of Staff Alex T. Johnson. Law school dean Robert Ahdieh offered a warm welcome and reflected on his fondest memories of the Helsinki Commission as a young man living in Moscow, Russia. Rep. Veasey then set the stage with the 30-year celebration of the 1990 Copenhagen Document which established the international standards for “free and fair elections”, while Mr. Lloyd explained the dynamics of how teams are assembled. Mr. Johnson further clarified the role of observers as strict watchers or objective examiners, and never interventionists, and Ms. Schnetzer shared how her experience observing elections in Tunisia forever shaped her passion for civic engagement and democratic values. “[In 2011], the people of Tunisia were voting... To see the looks on the faces of women, grandparents coming to poles for the first time, casting a vote, and bringing a grandchild in tow, to say ‘I have waited all my life to do this’ was simply inspirational,” Ms. Schnetzer said. “I saw the stark comparison in the United States because few get excited on the first day they get to vote… I wish that we could find a way to positively spark that enthusiasm here [in the U.S.].” Looking ahead to the U.S. elections in November 2020, all panelists agreed that more could be done to inform the American public about foreign observers and the benefits of international election observation. Election observers from both the OSCE Office of Democratic Institutions and Human Rights and the OSCE Parliamentary Assembly are expected to be invited by the United States Government to observe the 2020 elections. The OSCE was first invited to observe U.S. elections by the Bush Administration in 2002 and has been invited to observe every midterm and general election since (2004, 2006, 2008, 2010, 2012, 2014, 2016, and 2018) by the administration in office. However, the decentralized nature of the U.S. electoral system means some states prohibit or greatly restrict foreign observers. A few states explicitly permit foreign observation, or at least a sufficiently public observation to include those from other countries.
Director of OSCE Office For Democratic Institutions and Human Rights to Testify at Helsinki Commission HearingWednesday, January 22, 2020
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: HUMAN RIGHTS AND DEMOCRACY Obstacles and Opportunities in the OSCE Region Wednesday, January 29, 2020 10:00 a.m. Longworth House Office Building Room 1334 Live Webcast: www.youtube.com/HelsinkiCommission For nearly three decades, the Organization for Security and Cooperation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) has been at the forefront of efforts to promote human rights and democracy throughout the 57-nation OSCE region. In her first appearance before Congress, ODIHR Director Ambassador Ingibjörg Sólrún Gísladóttir will discuss the organization’s flagship work in international election observation; countering anti-Semitism and other forms of intolerance; and helping governments to combat human trafficking, protect human rights defenders, and better implement their commitments to fundamental freedoms including assembly and religion. The OSCE, the world’s largest regional security body, is based on a comprehensive concept of security that recognizes that respect for human rights and functioning democratic institutions underpin regional peace and security. ODIHR provides support, assistance, and expertise to participating States and civil society to promote democracy, rule of law, human rights, and tolerance and non-discrimination. ODIHR observes elections at the invitation of participating States, reviews legislation, and advises governments on how to develop and sustain democratic institutions. The office also works closely with the OSCE’s field operations and organizes Europe’s largest annual human rights meeting, bringing together annually hundreds of government officials, international experts, civil society representatives and human rights activists.
Helsinki Commission to Hold Hearing on Deteriorating Human Rights Situation in CrimeaTuesday, January 21, 2020
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: LIFE UNDER OCCUPATION The State of Human Rights in Crimea Tuesday, January 28, 2020 10:00 a.m. Cannon House Office Building Room 210 Live Webcast: www.youtube.com/HelsinkiCommission Nearly six years into Russia’s illegal occupation of Crimea, the human rights situation there continues to deteriorate. Russian authorities have restricted freedom of speech and assembly, suppressed civil society activity, persecuted religious and ethnic minorities, muzzled dissent, and continue to implement an aggressive process of “Russification” toward residents of the peninsula. The hearing will feature Oleg Sentsov, a Ukrainian writer and filmmaker who was sentenced to 20 years in jail by a Russian court on trumped-up charges of terrorism in 2014. In 2018, Sentsov became a worldwide symbol of defiance and courage when he launched a hunger strike on behalf of all Ukrainian political prisoners being held by Russia. He and other witnesses will discuss the Russian Government’s continued assault on Crimea’s vulnerable minorities, as well as its blatant disregard for basic rights. The following witnesses are scheduled to participate: Oleg Sentsov, Ukrainian writer and filmmaker held prisoner by Russia for five years Tamila Tasheva, Deputy Permanent Representative of the President of Ukraine in the Autonomous Republic of Crimea Melinda Haring, Deputy Director, Atlantic Council’s Eurasia Center; Senior Fellow, Foreign Policy Research Institute
An Assessment of the Open Skies TreatyTuesday, January 14, 2020
By Juliet Michaelsen, Max Kampelman Fellow Recently, a somewhat obscure security and confidence-building measure returned to the headlines. In October 2019, reports surfaced that the Trump Administration was considering withdrawing from the Treaty on Open Skies, an overflight arrangement designed to boost military transparency and stability across 34 signatories in North American and Eurasia. What is the Open Skies Treaty? In 1955, President Eisenhower first proposed that the United States and Soviet Union allow aerial observation flights over each other’s territories to reduce the risk of miscommunication and subsequent war. Although initially rejected by the Soviets, the idea of Open Skies was revived by President George H.W. Bush in 1989. Bush built on Eisenhower’s vision, suggesting the agreement not just be between the United States and the Soviet Union, but also between NATO and the Warsaw Pact. In 1992, the Open Skies Treaty was signed by the United States, Canada, Russia, and 21 European states. Since the treaty entered into force in 2002, membership has increased to 34 states. The treaty requires that all participants allow observation aircraft to fly over their territory to observe and take pictures of military forces and activities. These images are shared with the observing and observed states, and available for purchase by other treaty signatories. The Open Skies Treaty’s fundamental purpose—enhancing military transparency and cooperation—flows from the same set of commitments that underpin both the Helsinki Commission and the Vienna-based Organization for Security and Cooperation in Europe (OSCE). As Alexandra Bell noted during a Helsinki on the Hill podcast on Open Skies, this “increased openness between militaries will reduce tensions between states and limit the probability of conflict [because] if you know what another country has, if it’s clearly observable to you, you don’t have to plan for things that you’re just guessing about.” Assessing the Treaty During the treaty’s almost 18 years of implementation, the parties have conducted over 1,500 observation flights. The cooperation required to solve logistical problems (such as air traffic control) and inspect planes is one important confidence-building measure. Another is the fact that host countries also have personnel on any observation flight, thus ensuring the flight stays within its agreed plan. This collaboration increases mutual trust and encourages cooperation. Additionally, the Open Skies Consultative Commission, the implementing body of the Open Skies Treaty based at the Organization for Security and Cooperation’s (OSCE) headquarters in Vienna, provides one of the few remaining forums where the United States and Russia can discuss problems and collaborate on solutions. The treaty also allows the United States to provide an important benefit to its allies and partners, who typically ride on flights conducted by the United States. Specifically, as Rep. Emmanuel Cleaver II noted during a joint hearing of the Helsinki Commission and the House Foreign Affairs Subcommittee on Europe, Eurasia, Energy and the Environment, the treaty “allows even small countries a way to get information on military activities around them [which] has been even more important given the Kremlin’s propensity to violate established borders.” One notable example came in December 2018 after Russia attached Ukrainian naval vessels near the Kerch Strait. The United States undertook an Open Skies flight, which was “intended to reaffirm U.S. commitment to Ukraine and other partner nations,” according to the Department of Defense, a message underscored by the flight’s inclusion of personnel from Canada, Germany, France, the United Kingdom, Romania, and—crucially—Ukraine. The Open Skies Treaty also has heightened transparency, specifically between the United States and Russia. Both countries have conducted numerous observation flights over the other’s territory. The United States and its allies have flown about 500 flights over Russia since the treaty’s implementation, including 16 in 2019 alone. According to the State Department, the United States participated in nearly three times as many flights over Russia as Russia has over the United States. The images captured by these flights serve as a crucial, credible, unclassified source of information about Russian forces at a time when Europe and the United States are often uneasy about Russia’s intentions. The Open Skies Treaty does face criticism by some politicians and analysts. For example, a Senate resolution introduced by Sens. Ted Cruz and Tom Cotton calls for the United States’ withdrawal from the Open Skies Treaty, citing Russia’s partial non-compliance as a major problem the treaty. Specifically, Russia has restricted Open Skies flights over its military hub in Kaliningrad and restricted the conduct of flights near its border with South Ossetia and Abkhazia. However, the State Department does not consider these problems insurmountable and has taken many steps to address these issues, including bringing the problem to the Open Skies Consultative Committee, restricting Russian flights over Hawaii, and denying access to two United States airbases. The Future of the Open Skies Treaty In the wake of President Trump’s reported plan to withdraw the United States from the Open Skies Treaty, many members of Congress have expressed support for the agreement and warned of the dangers of withdrawal. House Foreign Affairs Committee Chairman Rep. Eliot Engel first sounded the alarm in a publicly released letter to National Security Advisor Robert O’Brien on October 7, 2019. In the letter, Engel expressed concern about such reports and argued that “American withdrawal would only benefit Russia and be harmful for our allies’ and partners’ national security interests.” Soon after, numerous members of Congress came together to urge foreign policy officials to keep the treaty. House Armed Services Committee Chairman Rep. Adam Smith and Sens. Robert Menendez and Jack Reed (the ranking members of the foreign relations and armed services committees, respectively), joined Rep. Engel in writing a letter to Secretary of State Pompeo and Secretary of Defense Esper, highlighting the importance of Open Skies. A similar letter was sent to Secretary Pompeo by 11 Democratic senators two weeks later. In November 2019, Helsinki Commission Chairman Rep. Alcee L. Hastings co-sponsored the bipartisan “Open Skies Treaty Stability Act,” which would prevent the president from unilaterally withdrawing the United States from the treaty by setting conditions on any potential steps towards withdrawal. The bill specifically notes that “due to the significant benefits that observation missions under the Open Skies Treaty provide to the United States and United States allies, the United States should commit to continued participation in the Treaty; and the President should not withdraw the United States from the Open Skies Treaty.” Support for the Open Skies Treaty extends beyond Capitol Hill. For example, in an October 20, 2019, Wall Street Journal contribution, former-national security officials George Shultz, William J. Perry and Sam Nunn suggested that “Open Skies has become what Eisenhower envisioned—a critical confidence-building treaty that improves Euro-Atlantic security with every flight. The U.S. should preserve this agreement, particularly in a time of renewed tensions with Russia.” Similar calls have come from abroad. The Political and Security Affairs Committee Chair of the OSCE Parliamentary Assembly (OSCE PA) strongly urged the United States to stay in the treaty, citing the increased transparency and cooperation fostered by the agreement. Meanwhile, Ukraine’s Foreign Ministry expressed their interest in “maintaining and implementing this treaty” in a statement to the Wall Street Journal. The vocal advocacy both within and outside of the United States for the continuation of the Open Skies Treaty sheds light on its important role in Euro-Atlantic security and cooperation.
Chairman Hastings Urges Ukraine to Grant Akhmetova Political AsylumMonday, January 13, 2020
WASHINGTON—Ahead of Tuesday’s trial to determine whether journalist and activist Zhanara Akhmetova will be granted political asylum in Ukraine or face extradition to her home country of Kazakhstan, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) released the following statement: “By granting asylum to Zhanara Akhmetova, the Government of Ukraine can demonstrate its commitment to protecting the fundamental freedoms of those who peacefully express political dissent. Her request for asylum clearly is motivated by real and dangerous political persecution in her home country. Ukraine must stand firmly on the side of human rights and allow Ms. Akhmetova to remain safely in the country.” Akhmetova fled to Ukraine in 2017 after she was targeted by authorities in Kazakhstan for her reporting and for peacefully expressing her political opinions through the Democratic Choice of Kazakhstan (DCK) movement, an opposition party associated with the main political opponent of former President Nazarbayev. Later that year, Ukrainian authorities detained her following a request by the Government of Kazakhstan, which previously has misused Interpol mechanisms to target opposition figures. In the past, Ukrainian authorities sometimes have cooperated with requests by the authorities of Central Asian states to return persecuted individuals. Persons affiliated with the DCK have previously faced mistreatment and torture at the hands of Kazakh authorities, suggesting that Akhmetova’s extradition would seriously endanger her safety. Ukrainian migration authorities have twice denied Akhmetova’s request for asylum, although Ukraine’s Supreme Court has ordered that the case be reconsidered as political.
Co-Chairman Wicker Introduces Ukraine Religious Freedom Support Act in SenateWednesday, December 18, 2019
WASHINGTON—Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) yesterday introduced the Ukraine Religious Freedom Support Act (S. 3064) in the Senate. The legislation would combat Russia’s religious freedom violations in the Crimea and Donbas regions of Ukraine. Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) and Commissioner Rep. Emanuel Cleaver, II (MO-05) introduced a bipartisan companion bill in the House of Representatives last week. “The Kremlin’s illegal land grab is accompanied by a brutal crackdown on religious freedom in Crimea and the Donbas,” said Co-Chairman Wicker. “This legislation would combat persecution of faith communities in Ukraine and ensure that Russian authorities are held responsible for their actions.” The Ukraine Religious Freedom Support Act would require the president of the United States to consider particularly severe violations of religious freedom in Russia-occupied or otherwise controlled territory in Ukraine when determining whether to designate Russia as a Country of Particular Concern (CPC) for such violations. The bill would clarify that Russia should be held responsible for violations in territory it controls or occupies illegally, not just for violations inside Russia’s internationally-recognized borders. The International Religious Freedom Act of 1998 requires the president to designate CPCs when their governments engage in or tolerate particularly severe violations of religious freedom. It also requires the president to take 15 specific actions, or other commensurate action, in response. Last year, on behalf of President Donald Trump, Secretary of State Mike Pompeo designated Russia for the Special Watch List of countries where violations are severe. Russian forces first invaded Crimea in February 2014 and continue to occupy it illegally. Since April 2014, Russia has controlled parts of the Donbas region in eastern Ukraine with non-state armed groups and illegal entities under its command. Under international humanitarian law, including the Geneva Conventions, Russia is responsible for religious freedom violations in Crimea and parts of the Donbas. As a participating State of the Organization for Security and Cooperation in Europe, Russia has repeatedly committed to respect and protect freedom of religion or belief. The Helsinki Commission has compiled 16 documents outlining religious freedom commitments made by OSCE participating States.
Mongolia: The OSCE’s Newest Participating StateTuesday, December 17, 2019
Mongolia became an Organization for Security and Cooperation in Europe (OSCE) participating State in 2012, the most recent country to freely undertake all OSCE commitments. Previously, Mongolia—like Australia, several countries in Asia, and a number of Mediterranean nations— had been an OSCE Partner for Cooperation, states in formal dialogue with the OSCE, though not taking on OSCE commitments. This transition—from partner to full-fledged participant—is the first time such a transition had been made, and marks the first ever enlargement of the OSCE region. It signaled the strong commitment of Mongolia to the values articulated in the Helsinki Final Act. Recently, Helsinki Commission staff visited Mongolia to meet with interlocutors in government, civil society, and the private sector. The delegation found entrepreneurial partners committed to democratic values and fundamental freedoms. This was particularly impressive given that the country is located between Russia and China—large authoritarian powers known for their use of economic and other forms of coercion to achieve foreign policy goals. However, Mongolia also faces emerging challenges regarding public corruption and the rule of law. While Mongolia remains the sole strong democracy in the region, recent developments and trends may threaten its democratic achievements and its potential to be a model for other nations in the region. The OSCE is based on an idea of comprehensive security: the concept that military security, economic security, and human security must all be considered when engaging in international relations. Mongolia can be analyzed through a similar lens, with its military situation, economic situation and human rights situation all informing policy toward the country. First Dimension: Political-Military Affairs Mongolia is in the quintessential bad neighborhood. No two countries have acted as aggressively toward their neighbors Russia and China. Russia currently is in violation of all ten Helsinki principles as a result of its occupation of Crimea and continuing destabilization of Eastern Ukraine. Luckily, neither of Mongolia’s neighbors has yet opted to invade the country. Historically, Russia has acted as guarantor of Mongolia’s sovereignty against China, the much more likely candidate of the two to pose an immediate security threat. However, recently Russia has increased its cooperation with China, as demonstrated by a recent Russia-China joint military exercise. While Mongolia continues to purchase arms from Russia, this new trend of Russian-Chinese cooperation poses the most important threat to Mongolian security. Already, Mongolia has been pressured to join the Shanghai Cooperation Organization (SCO), a China-centric political alliance—to which Russia also belongs—based on authoritarianism and dedicated to the eradication of the so-called three evils of terrorism, extremism, and separatism. However, there are also reasons to doubt the future of Russia-China cooperation. Mongolian national security experts seem certain that the scope of cooperation has a low ceiling and that much of the collaboration—like the recent military exercise—is just for show. These experts argue that Russia has no desire to subordinate itself to Chinese interests in the long-term, which it would be required to do to enhance cooperation; China is the much stronger partner. Second Dimension: Economic & Environmental Issues While a military invasion of Mongolia by China remains unlikely, China has found other ways to exert its influence in the country, largely through economic coercion. China’s economic weight and importance as a market for Mongolia—a commodity-based economy heavily reliant on its much larger neighbor—means that China can dictate terms on contracts and agreements. It can also leverage this economic power for political purposes as it famously did when it closed a key China-Mongolia border crossing for truckers after the Dalai Lama visited Ulaanbaatar. As a result, Mongolian policymakers have begun to search for new markets, products, and opportunities that could diversify their economy. One key product is cashmere. Currently, most cashmere exports to the United States originate from China, which, thanks to its enormous market, largely determines the global price of cashmere. This enables China to purchase Mongolian cashmere cheaply and prevent it from posing a challenge to the Chinese cashmere industry. The Mongolia Third Neighbor Trade Act (H.R. 2219 and S. 1188) currently being considered by the U.S. Congress would remove U.S. tariffs on Mongolian cashmere goods and increase the demand for raw cashmere within Mongolia, empowering domestic producers and eroding China’s quasi-monopolistic control of the market. In doing so, the Third Neighbor Trade Act would help to diversify Mongolia’s economy and make it more resilient against its large, aggressive neighbor to the south. It would also serve to empower women in the country, who are employed disproportionately to men in cashmere factories. However, sustainability remains a problem. The goats from which cashmere is derived feed on grass in a destructive way, pulling out root and stem. This can lead to the desertification of the environment. As demand for cashmere increases and nomads enhance their herds with additional goats, one can expect this tragedy of the commons to become worse. Though producers of cashmere goods within Mongolia have attempted to build sustainability into their business models, the U.S. Congress may wish to consider this aspect of the business to prevent any unintended environmental consequences of increased demand for Mongolian cashmere. Corruption Mongolia is currently struggling to address an ongoing public corruption problem, in part through the Independent Agency Against Corruption, an independent investigative law enforcement agency designed to fight graft. Still, reporting shows that bribery and abuse of public office remain a problem in the country and one that should be of concern as an OSCE participating State. Mongolia was recently added to the grey list kept by the Financial Action Taskforce (FATF). The FATF is the premier international governing, rulemaking, and peer evaluation body for financial conduct. Its most potent tool is the FATF black list, which identifies countries that do not comply with its list of international financial standards designed to prevent threat financing and money laundering. The price of landing on this black list is immense—banks will not do business with blacklisted countries, or entities located within them, leading to enormous losses in potential revenue. The grey list serves as the warning list prior to inclusion on the black list. Though grand corruption may have gotten in the way of completing the necessary reforms to avoid a designation on the FATF grey list, in Mongolia’s case, it appears that the problem may be primarily one of capacity. Mongolia has never had to establish the anti-money laundering framework of a more developed country and lacks the training and expertise to bring itself in compliance. The U.S. Department of the Treasury is already providing assistance to Mongolia to build robust anti-money laundering systems that will get it off the grey list. An OSCE field mission could also assist with these and other capacity problems; however, all participating States must agree to allow Mongolia to host such a mission. Russia continues to block this move. Rule of Law While lack of capacity explains many of Mongolia’s compliance problems, signs indicate that certain powerful political players are seeking to roll back rule of law safeguards in the country. Recently, a law was passed enabling the National Security Council of Mongolia—a small body consisting of the President, the Prime Minister, and the Speaker—to dismiss judges due to claims of corruption. While the council argues that reform necessary to take down corrupt judges who would otherwise be defended by the patrons they serve, it is not hard to imagine how this power could abused. At least 17 judges have been dismissed in this fashion. The National Security Council claims that this power will no longer be necessary once they have completed reforms that should weed corruption out of the judiciary. This reform includes new bodies to both select and discipline judges. Third Dimension: Human Rights and Humanitarian Issues Media Consolidation Media consolidation is a growing problem for journalism in Mongolia. The major media outlets of the country are owned by a handful of individuals who use this ownership to further their political agendas. As a result, journalists are at risk of self-censorship or even pushed to promote stories that further the political narratives of the media tycoons. Media consolidation breeds a problematic information environment in Mongolia and contributes to a lack of opinion diversity. Closing Space for Civil Society Mongolia also seems threatened by the potential for the ruling elite to close the space for the operation of civil society. A draft law proposes creating a public fund that would serve as the exclusive funding source for all civil society operations. This would mean that civil society would be forced to comply with the conditions put on this fund or cease to exist. While this approach is not yet law, interlocutors warned that the next election will be one to watch and could lead to the consolidation of power should certain elements be victorious. Conclusion Mongolia is a country with great potential to contribute to the Helsinki Process if it is empowered to do so. By joining the organization in 2012, it proved that the OSCE could grow. Now, it seeks to demonstrate its leadership once again by receiving an OSCE field mission at a time when many of its neighbors are trying to close theirs—like Kazakhstan—or have successfully closed theirs—like Azerbaijan. With the right combination of ambition and caution, Mongolia could lead the way to a future of democracy in the steppe. However, there are warning signs that Mongolia could be heading in the wrong direction. The United States should do everything in its power to prevent this—both via diplomatic engagement and economic assistance. The clearest way for Congress to do this is through the passage of the Third Neighbor Trade Act. The OSCE too should focus its efforts on Mongolia as a far-flung state with immense potential. Mongolians could take up leadership positions in its institutions, potentially even serving as a Chair-in-Office in the near future. By becoming more visible in the organization itself, Mongolia can build its profile as a leader and the OSCE can take advantage of its expertise in preserving democracy in a hard neighborhood.
Helsinki Commissioners Introduce Ukraine Religious Freedom Support ActFriday, December 13, 2019
WASHINGTON—Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) and Commissioner Rep. Emanuel Cleaver, II (MO-05) yesterday introduced the bipartisan Ukraine Religious Freedom Support Act (H.R. 5408) in the House of Representatives. The legislation combats Russia’s religious freedom violations in the Crimea and Donbas regions of Ukraine. Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) plans to introduce a companion bill in the Senate next week. “For more than five years, Russia has illegally occupied Crimea and controlled part of the Donbas with the armed groups it commands. Kremlin personnel and proxies abduct, imprison, and torture people in those regions for their faith,” said Rep. Wilson. “Russian officials are culpable, and this bill helps ensure they are held accountable.” “The Kremlin persecutes peaceful religious communities in occupied Crimea and crony-controlled eastern Donbas even more brutally and broadly than it does in Russia,” said Rep. Cleaver. “The Russian Government is violating international humanitarian law and its international commitments to respect and protect religious freedom. Creating consequences for the Kremlin for this lawlessness will mean justice for the people of Ukraine.” The Ukraine Religious Freedom Support Act would require the President of the United States to consider particularly severe violations of religious freedom in Russia-occupied or otherwise controlled territory in Ukraine when determining whether to designate Russia as a Country of Particular Concern (CPC) for such violations. The bill clarifies that Russia should be held responsible for violations in territory it occupies illegally or controls, not just for violations inside Russia’s internationally-recognized borders. The International Religious Freedom Act of 1998 requires the president to designate CPCs when their governments engage in or tolerate particularly severe violations of religious freedom. It also requires the president to take 15 specific actions, or commensurate action, in response. Last year, on behalf of President Donald Trump, Secretary of State Mike Pompeo designated Russia for the Special Watch List of countries where violations are severe. Russian forces first invaded Crimea in February 2014 and continue to illegally occupy it. Since April 2014, Russia has controlled parts of the Donbas region in eastern Ukraine with non-state armed groups and illegal entities it commands. Under international humanitarian law, including the Geneva Conventions, Russia is responsible for religious freedom violations in Crimea and parts of the Donbas. As a participating State of the Organization for Security and Cooperation in Europe, Russia has repeatedly committed to respect and protect freedom of religion or belief. The Helsinki Commission has compiled 16 documents outlining religious freedom commitments made by OSCE participating States. Original co-sponsors of the legislation include Helsinki Commissioners Rep. Gwen S. Moore (WI-04), Rep. Brian Fitzpatrick (PA-01), Rep. Marc A. Veasey (TX-33), and Rep. Steve Cohen (TN-09). Rep. Anna G. Eshoo (CA-18), Rep. Mark Meadows (NC-11), Rep. Mike Quigley (IL-05), Rep. Gus M. Bilirakis (FL-12), Rep. Daniel W. Lipinski (IL-03), Rep. Andy Harris, M.D. (MD-01), and Rep. Marcy Kaptur (OH-09) are also original co-sponsors.
Senators Cardin and Wicker Introduce Countering Russian and Other Overseas Kleptocracy (CROOK) ActWednesday, December 11, 2019
WASHINGTON—Helsinki Commission Ranking Member Sen. Ben Cardin (MD) and Co-Chairman Sen. Roger Wicker (MS) today introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act (S. 3026). The CROOK Act would establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries as well as streamline the U.S. Government’s work building the rule of law abroad. On July 18, 2019, Rep. Bill Keating (MA-10) and Helsinki Commissioner Rep. Brian Fitzpatrick (PA-01) introduced a similar bill in the U.S House of Representatives. “Corruption has become the primary tool of authoritarian foreign policy,” said Sen. Cardin. “Reprehensible regimes steal the livelihoods of their own people and then use that dirty money to destabilize other countries. No leader deploys this strategy more blatantly and destructively than Vladimir Putin, who has devastated the Russian economy and the lives of ordinary Russians to advance his own interests.” “This bill would bolster the legal and financial defenses of U.S. allies against the influence of Russia, China, Venezuela, and other authoritarian regimes,” said Sen. Wicker. “By working together, we can close off opportunities for corrupt actors to undermine democracy around the world.” The anti-corruption action fund established in the legislation would assist countries where U.S. assistance could significantly increase the chances of successfully transitioning to democracy, combating corruption, and establishing the rule of law, such as Ukraine in 2014, Ethiopia after the election of a new Prime Minister who instituted important reforms in 2018, or Armenia after the December 2018 parliamentary election. This no-year fund would establish a mechanism to allocate aid and take advantage of ripened political will more quickly. The monies for this fund would derive from a $5 million surcharge to individual companies and entities that incur Foreign Corrupt Practices Act (FCPA) criminal fines and penalties above $50 million. The legislation would also establish several complementary mechanisms to generate a whole-of-government approach to U.S. efforts to strengthen the rule of law abroad. These include an interagency taskforce; the designation of embassy anti-corruption points of contact to liaise with the task force; reporting requirements designed to combat corruption, kleptocracy, and illegal finance; and a consolidated online platform for easy access to anti-corruption reports and materials. The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, endeavors to counter corruption and malign influence in all its forms. Helsinki Commissioners have sponsored and cosponsored other anti-corruption legislation such as the Kleptocrat Exposure Act (H.R. 3441), the Foreign Extortion Prevention Act (H.R. 4140), the Transnational Repression Accountability and Prevention Act (H.R. 4330/S. 2483), and the Rodchenkov Anti-Doping Act (H.R. 835/S. 259).
Albania's Leadership in EuropeWednesday, December 11, 2019
Each year, one participating State of the Organization for Security and Cooperation in Europe (OSCE) is selected by the others to chair the 57-member organization. Since the role of OSCE “Chair-in-Office” was inaugurated in 1991, the organization has responded to numerous conflicts and crises in the Western Balkans. As the holder of the 2020 Chairmanship, Albania now seeks make its own contribution to security and cooperation in Europe as a whole. However, leading an organization that requires consensus-based decision-making is a difficult task, especially as the OSCE confronts significant security, economic, human rights, and democratic challenges including Russia’s aggression, ongoing regional conflicts, resistance to democratic reforms, and serious democratic backsliding in some OSCE countries. Taking place less than a week after the 2019 OSCE Ministerial in Bratislava, the culmination of the 2019 Slovak chairmanship, this Helsinki Commission briefing took a close look at Albania’s interest in chairing the OSCE and how that task may impact Albania in 2020. The panelists, each a member of Albania’s delegation to the OSCE Parliamentary Assembly (OSCE PA), provided a parliamentary perspective ahead of a hearing in early 2020 that will feature the Chair-in-Office and focus more specifically on the priorities and objectives of the Albanian chairmanship.
Helsinki Commission Briefing to Provide Parliamentary Perspective on Albania’s Upcoming OSCE ChairmanshipThursday, December 05, 2019
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following staff-led briefing: ALBANIA’S LEADERSHIP IN EUROPE Parliamentary Perspectives of the Albanian OSCE Chairmanship in 2020 Wednesday, December 11, 2019 2:00 p.m. Rayburn House Office Building ROOM CHANGE: NOW ROOM 2200 Live Webcast: www.facebook.com/HelsinkiCommission Each year, one participating State of the Organization for Security and Cooperation in Europe (OSCE) is selected by the others to chair the 57-member organization. Since the role of OSCE “Chair-in-Office” was inaugurated in 1991, the organization has responded to numerous conflicts and crises in the Western Balkans. As the holder of the 2020 Chairmanship, Albania now seeks make its own contribution to security and cooperation in Europe as a whole. However, leading an organization that requires consensus-based decision-making is a difficult task, especially as the OSCE confronts significant security, economic, human rights, and democratic challenges including Russia’s aggression, ongoing regional conflicts, resistance to democratic reforms, and serious democratic backsliding in some OSCE countries. Taking place less than a week after the 2019 OSCE Ministerial in Bratislava, the culmination of the 2019 Slovak chairmanship, this Helsinki Commission briefing will take a close look at Albania’s interest in chairing the OSCE and how that task may impact Albania in 2020. The panelists, each a member of Albania’s delegation to the OSCE Parliamentary Assembly (OSCE PA), will provide a parliamentary perspective ahead of a hearing in early 2020 that will feature the Chair-in-Office and focus more specifically on the priorities and objectives of the Albanian chairmanship. Panelists scheduled to participate include: Ditmir Bushati, Member of Parliament from the ruling Socialist Party; head of the Albanian Delegation to the OSCE PA Elona Hoxha Gjebrea, Member of Parliament from the ruling Socialist Party; member of the Albanian Delegation to the OSCE PA Rudina Hajdari, Member of Parliament from the opposition Democratic Party; member of the Albanian Delegation to the OSCE PA
Public Diplomacy, Democracy, and Global LeadershipThursday, December 05, 2019
For more than a century, the United States has advanced shared human rights, economic, and security policy goals in the transatlantic relationship by cultivating people-to-people ties through public diplomacy initiatives. As democracies around the world face new challenges emanating from demographic shifts, technological advancements, and evolving security threats, the need for public diplomacy initiatives that cultivate leaders who espouse democratic principles, including inclusive and representative governance, grows more relevant. The U.S. Helsinki Commission convened a hearing to focus on U.S.-led public diplomacy international exchange initiatives that strengthen democratic institutions by targeting young and diverse leaders, encouraging civic engagement, and fostering social inclusion and cohesion in the OSCE region. Presiding over the hearing, Chairman Alcee L. Hastings (FL-20) stated, “This year, under my leadership, the Helsinki Commission has held events on the importance of international election observation, good governance, and focused on democratic backsliding in particular countries as part of our continued commitment to the underlying principles of the Helsinki Final Act. Common to all of these issues is the role good leaders can play in ensuring free and fair elections; laws that are equitable, transparent, and enforced; and laying the groundwork to ensure protections and rights for all in their constituencies […] for the long-term stability of our nation and the transatlantic partnership.” In his opening remarks, Chairman Hastings also noted that he planned to introduce legislation to support of leadership exchanges and knowledge-building between diverse transatlantic policymakers, and to encourage representative democracies. He also announced a February program for young OSCE parliamentarians to strengthen their political inclusion and advance peace and security efforts. Chairman Hastings was joined by Commissioners Rep. Emanuel Cleaver, II (MO-05) and Rep. Marc Veasey (TX-33). Rep. Veasey raised the importance of metrics in assessing the impact of leadership programs and soft diplomacy, while Rep. Cleaver stated, “For the first time since the end of World War II, the extreme right is actually winning seats in the German Parliament,” highlighting increased security risks related to public diplomacy programs operating in countries that have seen an increase in hate crimes and racial prejudice. Witnesses included Cordell Carter, II, Executive Director of the Socrates Program at the Aspen Institute; Stacie Walters Fujii, Chair of the American Council of Young Political Leaders; and Lora Berg, Counselor for Inclusive Leadership at the German Marshall Fund of the United States. Carter reviewed the Aspen Institute’s public policy programming on transatlantic relations and discussed the importance of promoting democratic values, including efforts to strengthen the capacity of congressional staff and encourage dialogues around the United States on being an “inclusive republic.” He concluded by asking Congress to create more opportunities for public discourse on issues that threaten the stability of democracies around the world. Fujii discussed the importance of international exchanges in supporting democracies and the work of American Council of Young Political Leaders (ACYPL). ACYPL was founded in 1966 to strengthen transatlantic relationships by promoting mutual understanding among young political leaders in Western Europe and the former Soviet Union. Critical aspects of the program include offering international leaders the opportunity to come to the U.S. to observe campaigning, polling stations, election returns, and the response of the American people to elections, complemented by follow-on educational conversations about democratic processes in their countries. Berg highlighted the importance of public diplomacy initiatives in advancing inclusive leadership and observed that nations gain in richness and capacity when diversity is reflected in leadership. She also noted that inclusive leadership not only plays an important role in promoting social harmony, but it also helps to ensure economic growth, stating that “the places with the highest social cohesion are the most reliable for investment.” Berg explained that the GMF’s Transatlantic Inclusion Leaders Network (TILN) grew out of work she engaged in while working for the Department of State. TILN is an innovative network of young, diverse leaders across the United States and Europe supported by the Helsinki Commission and State Department. Berg argued for the expansion of U.S. Government-supported public diplomacy inclusive leadership initiatives targeting youth and diverse populations in western democracies, including through public-private partnerships, the creation of a public diplomacy officer position in Europe to foster Europe-wide next generation transatlantic leadership, and increased political participation measures domestically and abroad for diverse populations.
On the Road to InclusionWednesday, December 04, 2019
From November 18 to November 22, 2019, the State Department’s Strategic Religious Engagement Unit and the U.S. Consulate in Milan, in cooperation with the U.S. Helsinki Commission, launched a new transatlantic democracy program for youth, “On the Road to Inclusion.” The program empowers young people to collaborate across diverse social, cultural, religious, and generational differences to promote positive change through democratic practices. The first iteration of the program took place in the northern Italian cities of Milan, Turin and Vicenza: cities with populations that have been at the heart of increased demographic change, economic decline resulting in high levels of youth unemployment, and political tensions that have increased societal divisions, including a rise in anti-Semitism, anti-Muslim sentiments, xenophobia and racism. The program brought together more than 250 youth leaders and 50-plus organizations to tackle societal challenges at the local and national levels, engage and build coalitions with their peers across differences, and contribute to their communities effectively through advocacy and education. Participants included representatives of diverse populations – voices traditionally lost within the democratic process – as well as organizations working on migrant and refugee integration, social inclusion, youth engagement, and leadership. During the program, American experts Christin “Cici” Battle, Executive Director of Young People For, and Rebecca Lenn, a strategic communications consultant, led workshops to promote civic engagement and leadership with a focus on building community, strengthening interreligious and intercultural cooperation for action, advancing integration, and boosting traditional and digital media literacy. Battle helped participants develop concrete skills and advocacy tools in coalition building. These means of engagement included joining forces with groups who have different approaches in order to make a movement more powerful. Lenn led participants in discussions on how to recognize and counter hate speech, disinformation, and cyber bullying. In an interview with Giornale di Vicenza about the program, she outlined challenges young people face with social media, and underscored the importance of media in facilitating social change. Extensions of the program will include opportunities for alumni of the program to engage with U.S. youth and organizations to exchange civic engagement practices, and the Helsinki Commission will continue to work closely with the Department to expand “On the Road to Inclusion” in other Western European cities in the coming year. The Helsinki Commission has long worked with the State Department to support strategic investment in young and diverse leaders to enhance democratic development and safe, inclusive, and equitable societies across the OSCE region though programs like the Transatlantic Inclusion Leaders Network. A December 2019 commission hearing focused on the role public diplomacy leadership programs for emerging and established leaders can play in sustaining western democracies and the transatlantic partnership for the future.
It's All About the MoneyTuesday, December 03, 2019
As the countries of the Western Balkans continue to seek the integration that promises stability and prosperity, the inability to genuinely confront and overcome official corruption through good governance measures has undoubtedly slowed their progress. Foreign investment—vital to improved economic performance—is discouraged by a business climate characterized by weak adherence to the rule of law. As a result, the countries of the region are witnessing a “brain drain” as the most talented and well-educated leave. They also remain vulnerable to malign foreign investors, including Russia, that pursue political influence rather than profits. Current political leaders have little incentive to make further democratic changes that could lead to their removal from power; they instead rely on lingering nationalist sentiments to continue benefiting from the corrupt practices they tolerate. At this Helsinki Commission briefing, experts from Serbia, North Macedonia, and Bosnia and Herzegovina analyzed the gaps in governance that facilitate the inflow of “corrosive capital” and subsequent foreign meddling in the Western Balkans, and encourage an exodus of the best and brightest from the region. Panelists also suggested specific ways to strengthen economic resiliency, democratic transition, and the possibilities for integration.
Helsinki Commission to Review Role of Professional Exchanges in Strengthening Democratic InstitutionsMonday, December 02, 2019
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: PUBLIC DIPLOMACY, DEMOCRACY, AND GLOBAL LEADERSHIP An Approach for the 21st Century Thursday, December 5, 2019 10:00 a.m. Longworth House Office Building Room 1334 Live Webcast: www.youtube.com/HelsinkiCommission For more than a century, the United States has advanced human rights, economic, and security policy goals in Europe by cultivating people-to-people ties across the Atlantic. More than 500 heads of state, 100 Members of Congress, and thousands of professionals have participated in U.S. Government-sponsored exchanges, including the State Department’s International Visitor Leadership Program, while public and private organizations have hosted similar programs to bring leaders together. Witnesses at the hearing will explore the origins and role of professional exchanges and other public diplomacy programs that strengthen relationships with U.S. allies in the face of shared challenges including eroding trust in democratic institutions, demographic shifts, technological advancements, and evolving security threats. In particular, the hearing will focus on international exchange initiatives that strengthen democratic institutions by targeting young and diverse leaders, encouraging civic engagement, and fostering social inclusion and cohesion in the OSCE region. The following witnesses are scheduled to participate: Lora Berg, Senior Fellow, Leadership Programs, German Marshall Fund of the United States Cordell Carter, II, Executive Director, Socrates Program, The Aspen Institute Stacie Walters Fujii, Chair, American Council of Young Political Leaders (ACYPL) Photo credit: German Marshall Fund of the United States
Prepared by the Staff of the Commission on Security and Cooperation in Europe
During 2009, the OSCE participating States addressed human dimension issues in numerous fora, including the weekly meetings of the Permanent Council in Vienna, regular meetings of the Human Dimension Committee, and various annually scheduled and ad hoc human dimension meetings.
Throughout the year, events sharply illustrated the urgent need for greater respect for human rights and implementation of OSCE commitments. In addition, some changes to the way in which the participating States organize their human dimension meetings might improve the effectiveness of this area of the Organization’s work.
2010 ushers in the historic chairmanship of Kazakhstan – the first Central Asian state to lead the OSCE. Proponents of the Kazakhstan bid to lead the OSCE have suggested that its chairmanship will improve cooperation with other Central Asian participating States as well as Russia, and help reinvigorate the OSCE. Critics have expressed serious concern that the gap between Kazakhstan’s domestic human rights record and OSCE human rights commitments will undermine the credibility and integrity of the Organization it now leads.
I. Human Rights Events in 2009
A pattern of escalating violence against Roma continued into 2009. In February, the home of a Romani family in Hungary was firebombed; the attackers shot and murdered Robert Csorba and his five-year-old son to keep them from escaping the flames. In April, a Romani home in the Czech Republic was also firebombed, leaving two-year-old Natalia Sivkova burned over 80% of her body. In April, another Romani man, Jeno Koka, was killed by sniper fire in Hungary, leaving his father – a Holocaust survivor – to bury him. In August, snipers in Hungary murdered a widow, Maria Balogh, while her 13-year-old daughter, Ketrin, was permanently injured. These events prompted Viktoria Mohacs, one of two Romani Members then serving in the European Parliament, to declare, “We can either set up an army or flee.”
The United States Mission to the OSCE sought, but was unable to gain consensus on, a Permanent Council declaration addressing the spike in violence against Roma. At year’s end, however, the OSCE Ministerial Council in Athens adopted a decision which, among other things, “[u]rges the participating States to step up their efforts in promoting tolerance and combating prejudices against Roma and Sinti people in order to prevent their further marginalization and exclusion and to address the rise of violent manifestations of intolerance against Roma and Sinti as well as to unequivocally and publicly condemn any violence targeting Roma and Sinti . . . .”
On the eve of the OSCE Supplementary Human Dimension Meeting on Freedom of Religion in July, Egyptian-born pharmacist Marwa el-Sherbini was brutally stabbed to death in a Dresden courtroom where she was scheduled to testify against her assailant regarding an altercation they had had a year earlier. In the first incident, the assailant verbally abused el-Sherbini at a neighborhood playground for wearing a hajib, a traditional head covering used by many Muslim women. At the conclusion of her testimony regarding that incident, the defendant lunged at El-Sherbini, who was three months pregnant, repeatedly stabbing her and her husband, who attempted to come to his wife’s aid. (In the confusion, police mistakenly shot el-Sherbini’s husband.) El-Sherbini died of her wounds, joining a growing number of victims of violence directed against minorities and immigrants in the OSCE region. In December, the OSCE Ministerial Council adopted another decision on hate crimes data, with a view to improving national mechanisms to combat them.
Natalya Estemirova, a journalist and human rights defender affiliated with the leading Russian human rights organization, Memorial, was abducted in the Chechen capital, Grozny, on July 15. Her bullet-riddled remains were discovered later that day dumped along the side of a highway in neighboring Ingushetia. As she prepared to receive the first Anna Politkovskaya Award, named in honor of her slain colleague, Estemirova said that her goal was to solve at least one of the many missing persons cases in Chechnya. Estemirova, who devoted herself to documenting abductions and other human rights violations in that region of Russia, ultimately became a victim of the violence she worked hard to prevent. Her case, like those of scores of others murdered journalists and human rights defenders in Russia, remains unsolved.
On the eve of the OSCE’s annual Human Dimension Implementation Meeting, the Russian Federation denied visas to two representatives of Reporters without Borders who were seeking to attend an event in Moscow commemorating the 3rd anniversary of Polikovskaya’s assassination. Subsequently, on the day of that meeting devoted to the subject of freedom of the media and free expression, Oleg Orlov, Director of the Russian human rights group, Memorial, was ordered to pay damages for allegedly defaming Chechen President Ramzan Kadyrov. (After the murder of Natalya Estemirova, Orlov had suggested Kadyrov was responsible for her death by creating a climate in which such attacks could occur.)
In 2009, a pattern of harassment, intimidation and violence against journalists in Central Asia intensified, and media laws have been stiffened across the region. Many of the journalists who have been attacked had ties to opposition parties in their countries. In December, two journalists were brutally murdered in Almaty, Kazakhstan. Gennady Pavlyuk was thrown out of a sixth-floor apartment window with his hands tied behind his back. Sayat Shulembaev was stabbed to death in an apartment following his reporting on Pavlyuk’s death. Earlier in 2009, a Kyrgyz journalist was reportedly beaten to death by eight policemen in the southern town of Osh, Kyrgyzstan.
A new law in Kazakhstan introduces jail terms for crimes against privacy, which could further limit freedom of speech in the country and curb investigative journalism. Another new law proposes stricter control over the Internet and allows the state to block websites. The Government seized the print run of the newspaper RESPUBLIKA and froze its publisher's bank accounts after the BTA bank filed charges that the newspaper allegedly had printed false information about the bank's activities. Ramazan Esergepov, the editor in chief of the weekly newspaper ALMA-ATA INFO, was found guilty in August of allegedly releasing state secrets and sentenced to three years in prison.
In July, leading Kazakhstani human rights activist Yevgeny Zhovtis was involved in a traffic accident in which a pedestrian was killed. Zhovtis, the director of the Kazakhstan International Bureau for Human Rights and the Rule of Law, is also a member of the ODIHR Expert Panel on Freedom of Peaceful Assembly. Irregularities surrounding the initial investigation, prosecution and trial led Zhovtis and others to suspect that the criminal charges were politically motivated, prompting a series of protests, including at the Human Dimension Implementation Meeting.
Following a short trial in early September, the outspoken critic of Kazakhstan’s human rights record was sentenced to four years in jail, just short of the maximum sentence allowed under Kazakhstan law. His appeal was dismissed in late October despite credible allegations of procedural flaws in his trial. Following the court proceeding, Zhovtis was transferred from Almaty to a labor camp in a remote section of northeastern Kazakhstan. On net, the manner in which authorities proceeded against Zhovtis have raised numerous serious questions not only about the rule of law in his case, but also about apparent efforts by the authorities to effectively banish him for the duration of Kazakhstan’s year-long chairmanship of OSCE in 2010. He has reported various forms of pressure by the prison authorities since his transfer.
Throughout 2009, a Moscow-directed campaign of harassment against Jehovah’s Witnesses across the federation continued. This sets them apart from other religious groups in Russia that may face regional difficulties that do not appear to be directed from Moscow.
Banned in Moscow since 2004, a nationwide campaign of official harassment of Jehovah’s Witnesses began in early 2009 when local prosecutors were instructed to probe actions of branches in their areas. Some 500 investigations are underway examining, among other things, alleged “extremism,” and both private homes and congregational buildings have been raided.
On October 1, during the Human Dimension Implementation Meeting, prosecutors in Gorno-Altaysk declared that 18 publications distributed by Jehovah’s Witnesses were “extremist” and therefore banned. In early December, the Russian Supreme Court upheld a ruling from a court in the Rostov region effectively banning 34 publications under Russia’s Federal Law on Counteracting Extremist Activity. Other Jehovah’s Witness publications were banned this year at the Russian-Finnish border by customs officials who said they might incite “religious hatred.” The Russian Supreme Court also let stand the liquidation of the Jehovah's Witness congregation in Taganrog as “extremist.”
Following the Human Dimension Implementation Meeting, two Kyrgyzstani NGO representatives reported that they were threatened for participating in the Warsaw meeting and for reporting on the situation of Kyrgyzstani migrant workers in Russia and Kazakhstan.
On November 29, Switzerland held a referendum in which 57.5% of Swiss voters approved a constitutional amendment banning the construction of new minarets in the country. The referendum was initiated by right-wing and nationalist politicians from the Swiss People's Party and the Federal Democratic Union. While the Swiss Government opposed the measure, arguing that it was contrary to the Swiss Constitution and freedom of religion, a majority of voters supported its passage. Switzerland’s Muslim population is roughly four percent of the total population (approximately 350,000 people). There are currently four minarets in Switzerland, none of which are used to issue the call to prayer. Meanwhile, on December 2, the OSCE Ministerial Council reached agreement to hold a High-Level Conference on Tolerance and Non-Discrimination in June 2010. They declared that “. . . tolerance and non-discrimination are important elements in the promotion of human rights and democratic values and that respect for human rights and fundamental freedoms, democracy and the rule of law is at the core of the OSCE comprehensive concept of security.”
II. Human Dimension Activities
Regularly scheduled meetings
During the course of 2009, the participating States held several meetings that are mandated to be convened on an annual basis. These included three Supplementary Human Dimension Meetings in Vienna and a seminar in Warsaw.
The topics for the three Supplementary Human Dimension Meetings are chosen by the Chair-in-Office (for 2009, Greece). The subjects chosen for 2009 were: Hate Crimes: Effective Implementation of Legislation (May 4-5); Freedom of Religion or Belief (July 9-10); and Gender Equality, with a special focus on combating violence against women (November 5-6).
The participating States also convened a seminar selecting, by consensus decision of the 56 participating States, “constitutional justice” as the 2009 subject. The annual human dimension seminars are held in Warsaw.
In addition, the OSCE Permanent Council established a Human Dimension Committee in 2007 that met regularly in Vienna throughout 2009, although those meetings are closed to the public and documents are limited to internal circulation.
Ad hoc meetings
In addition to these regularly scheduled events, a large number of ad hoc events were also organized by the participating States.
On February 4, 2009, members of the Advisory Panel of Experts on Freedom of Religion or Belief held an informal briefing in Vienna for delegations to the Permanent Council. (The Advisory Panel consists of about 15 experts selected by the Director of the OSCE Office for Democratic Institutions and Human Rights. They serve as a steering group for the full Panel of Experts, which consists of up to two members nominated by each of the participating States.) On March 4, 2009, the Office for Democratic Institutions and Human Rights convened a Roundtable in Vienna on “Intolerance and Discrimination against Christians, focusing on exclusion, marginalization and denial of rights.” On March 17, 2009, the Office for Democratic Institutions and Human Rights convened a Roundtable on “Combating Anti-Semitism.” (These three events were tied to a December 17, 2008, roundtable convened in Vienna by the Office for Democratic Institutions and Human Rights in Vienna on “Intolerance and Discrimination against Muslims (with a focus on youth and education)”.)
Other ad hoc human dimension meetings convened in 2009 included:
- The 9th “Alliance Against Trafficking in Persons” conference (September 14-15), which opened with a video address by Secretary of State Hillary Clinton;
- An expert workshop on “public-private partnerships: engaging with the media in countering terrorism” (October 18-20), partially funded by the Moscow City Government, Russian Federation;
- The 2nd annual meeting of National Points of Contact on Combating Hate Crimes (October 28-29);
- An experts' workshop to examine ways to build trust and understanding between police and Romani communities, organized by the OSCE Strategic Police Matters Unit in co-operation with the Office for Democratic Institutions and Human Rights (also October 28-29); and
- AConference on Roma Migration and Freedom of Movement organized jointly by the OSCE, the European Union’s Fundamental Rights Agency and the Council of Europe (November 9-10).
All of the ad hoc meetings were held in Vienna.
III. The 2009 Human Dimension Implementation Meeting
From September 28 to October 9, 2009, the OSCE participating States met in Warsaw, Poland, for the annual Human Dimension Implementation Meeting (HDIM). The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights, according to an agenda approved by consensus of all 56 participating States. The HDIM is Europe’s largest annual human rights gathering.
The annual HDIM agenda provides a review of the implementation of the full range of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. As at previous meetings, the allocation of time during the meeting remains highly problematic with speaking time at some of the sessions on fundamental freedoms limited to only one or two minutes to accommodate dozens desiring the floor, while other sessions ended early with time unused.
In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. In 2009, those subjects were: 1) human rights education; 2) freedom of expression, free media and information; and 3) Roma/Sinti and, in particular, early education for Roma and Sinti children.
The U.S. Delegation to the 2009 HDIM was headed by Dr. Michael Haltzel, Senior Fellow at the Center for Transatlantic Relations of Johns Hopkins University’s School of Advanced International Studies and former Senior Foreign Policy Advisor to Senator Joseph Biden. Other members of the delegation included Chargé d’Affaires Carol Fuller, U.S Mission to the OSCE; Bruce Turner, Director of European Security and Political Affairs, Department of State; Fred L. Turner, Chief of Staff of the Helsinki Commission; and Ambassador Douglas Davidson, Senior State Department Advisor to the Helsinki Commission. Petra Gelbart, Department of Musicology, Harvard University, and Dan Mariaschin, Executive Vice President, B'nai B'rith International, served as expert Public Members on the delegation. Assistant Secretary for Human Rights, Democracy, and Labor Michael Posner – confirmed just as the meeting opened – participated in the meeting and delivered the closing statement for the United States. The United States continued its longstanding practice of naming specific countries and cases of concern.
During the meeting, Kazakhstan’s forthcoming chairmanship was an overarching concern – beginning when NGO demonstrators, during Kazakhstan’s opening statement, silently stood up wearing t-shirts supporting jailed human rights activist Evgeny Zhovtis. The Kazakhstani delegation was large and high-level, and numerous NGOs from Kazakhstan participated and criticized the country’s human rights record in light of its 2010 OSCE Chairmanship. Although Kazakhstani officials started the meeting on a good foot, their efforts at self-restraint failed over the course of the two–week long meeting and, at times, individual Kazakhstan officials demonstrated hostility and contempt towards some NGO participants from their country.
A Russian theme throughout the meeting was concern for “historical revisionism” and the “falsification of history.” In its opening statement, Russia threatened to boycott next year’s HDIM if certain NGOs were permitted to participate, and Russian delegates walked out to protest whenever a representative of the Russian-Chechen Friendship Society spoke. However, OSCE procedural rules – adopted by consensus – allow all NGOs to have access to human dimension meetings. Only “persons and organizations which resort to the use of violence or publicly condone terrorism or the use of violence” may be barred from participating; there are no other grounds for exclusion.
As in past years, participation by European Union countries continued to be uneven; one observer remarked that “every EU statement is a statement of high principle devoid of any specifics.” The United Kingdom, however, sponsored a side event on freedom of expression and Slovenia organized an event on Romani educational assistants in Slovenia.
As in the past, the United States faced criticism for retaining the death penalty. In addition, NGOs argued that there should be accountability for instances of torture perpetrated by U.S. officials (including those who ordered or authorized abuse), and access to justice for individual victims of torture.
A large number of side events were also part of the HDIM, organized by non-governmental organizations, OSCE institutions, offices, or missions, other international organizations, or participating States. The United States convened a well attended side event on “The Role of the Human Dimension in European Security Architecture,” at which former U.S. Ambassador to the OSCE John Kornblum addressed this aspect of the Corfu process. Ambassador Kornblum’s remarks, as well as U.S. interventions, are available on the website for the U.S. Mission to the OSCE.
IV. The Athens Ministerial
In the run up to the Athens Ministerial, several draft decisions relating to human dimension subjects were circulated and negotiated. Most of them were prepared by the Greek chairmanship, including drafts on freedom of the media; combating hate crimes; enhancing OSCE efforts to ensure Roma and Sinti sustainable integration; the rule of law/access to justice; trafficking in human beings; and women's participation in political and public life.
Separately, Belarus, the Kyrgyz Republic, the Russian Federation and Tajikistan circulated a draft decision on freedom of movement in the OSCE region. Their draft decision audaciously proposed that the OSCE participating States declare “a visa-free travel regime” to be their “strategic purpose” in the field of human dimension.
Of the various drafts, only the decisions on enhancing OSCE efforts to ensure Roma and Sinti sustainable integration, on combating hate crimes, and on women's participation in political and public life were adopted. The draft decision on freedom of the media was lost in a shell game: Russia blocked that decision until agreement was reached on a separate declaration on the 65th anniversary of the end of World War II. However, once Russia agreed to the free media decision (having pocketed agreement on the 65th anniversary of the end of World War II), the free media decision was blocked by Uzbekistan. The draft decision on the rule of law/access to justice was, in any case, so muddled that that the OSCE community is better off without it.
V. Observations for 2010
As the OSCE enters 2010, a number of observations may be made about the organization’s approach to the human dimension.
Human Dimension Meetings
First, the Human Dimension Implementation Meeting continues to be the most widely attended regional human rights meeting in Europe, and provides unparalleled opportunities for governments and non-governmental organizations to exchange views. The breadth of the agenda ensures that timely human dimension issues can be addressed. It is the anchor which grounds the OSCE’s human dimension discussions, sometimes serving as the forum where ideas for OSCE action and decisions are born and nurtured.
But the record for other human dimension meetings remains mixed.
As part of an effort to enhance its review of the implementation of OSCE human dimension commitments, the OSCE Permanent Council decided in 1998 to restructure the Human Dimension Implementation Meetings periodically held in Warsaw. In connection with this decision – which cut Human Dimension Implementation Meetings from three to two weeks – it was decided to convene annually three informal Supplementary Human Dimension Meetings in the framework of the Permanent Council. It was hoped that, by mandating the Chair-in-Office to select the subjects for those meetings (rather than selecting them by consensus), it would be possible to focus on issues that were timely, even if sensitive for some participating States.
In fact, the subjects chosen by the Chair-in-Office for the Supplementary Human Dimension Meetings are often overly broad. But a meeting intended to be all things to all people is, finally, about almost nothing. Accordingly, the agendas for the Supplementary Human Dimension Meetings should be narrowly tailored.
Moreover, although these meetings are, as a rule, held in Vienna to facilitate participation by the participating States’ missions to the OSCE and thereby bring the debate closer to the decision-makers, it is debatable whether the degree of engagement by Permanent Council delegations actually warrants continuing to hold these meetings in Vienna, as opposed to other cities. Varying the location of OSCE human dimension meetings makes the meetings more accessible to a broader segment of the OSCE public, as has been the case with ad hoc human dimension meetings held in The Hague, Berlin, Paris, Brussels, Bucharest, and Cordoba. (In addition, a Supplementary Human Dimension Meeting on “Defense Lawyers” was hosted by Georgia in Tbilisi in 2005.) The OSCE participating States should seek to hold more human dimension meetings in diverse locations, not just Vienna and Warsaw. In addition to the regularly scheduled Supplementary Human Dimension Meetings and the human dimension seminar in Warsaw, the OSCE participating States have organized an increasing number of ad hoc human dimension meetings. These meetings create both challenges and opportunities for the OSCE participating States.
On the one hand, ad hoc meetings are often the result of initiatives taken by individual participating States (sometimes holding the chairmanship, sometimes not) that are willing to invest time, resources and political capital in a particular subject and, to that end, willing to host a special OSCE meeting on that subject. A few examples of such initiatives include a 2003 meeting in The Hague on human rights and counter-terrorism, a 2004 meeting in Paris on hate mongering on the Internet, the first high-level OSCE conference on anti-Semitism, convened in Berlin in 2004, and a 2006 meeting convened in Budapest to address issues relating to the so-called “Danish cartoon controversy.”
These initiatives reflect the ability of the OSCE to address timely issues and to capitalize on political will and momentum.
However, some other ad hoc meetings have been criticized for being hastily convened, for restricted participation that has sometimes excluded non-governmental representatives, and for a lack of transparency. Moreover, the sheer volume of ad hoc meetings runs the risk of dissipating the participating States’ focus, political capital, human resources, accountability and the ability or will to undertake meaningful follow up to these events.
Accordingly, when the OSCE agrees to hold a special ad hoc conference or meeting, like the 2006 High-Level Meeting on Tolerance or the 2007 High-Level Meeting on the Victims of Terrorism, the OSCE participating States should agree to reduce the number of Supplementary Human Dimension Meetings in Vienna accordingly as part of an overall coordinated schedule. It is also critical that standards for NGO access to human dimension activities be maintained for ad hoc as well as regularly scheduled meetings.
The Kazakhstani Chairmanship
The Kazakhstani Chairmanship also presents significant challenges for the OSCE participating States in 2010. For some who were strongly opposed to giving Kazakhstan the chairmanship, the integrity of the OSCE as an institution is undermined by the disparity between the commitments adopted by the participating States and the practices of the government in Astana. In particular, the Kazakhstani chairmanship begins with the country’s most well-known human rights activist behind bars in a penal colony.
Meanwhile, the same person who, in 1992, signed the Helsinki Final Act on behalf of a newly independent Kazakhstan remains firmly in office as President 18 years later. By assuming the leadership of the OSCE, Kazakhstan has ensured that its domestic human rights record will be under sustained and intense scrutiny throughout the year. Moreover, it remains to be seen how effectively Kazakhstan will steward the organization, and in particular, how it will bridge disparate views among participating States on future OSCE work in the human dimension.