Name

Freedom of Speech and Expression

Freedom of expression includes the right to hold opinions and to express them and the right to the free flow of information and ideas across borders through any media.  Expression means not only speech, but may include cartoons, artwork, musical performance, or displays.  It is a keystone freedom essential in and of itself as well as necessary for many other elements of democracy such as free elections.  It is closely related to freedom of religion. 

Helsinki Commissioners have been particularly engaged on free speech cases that limit religious liberties, unduly limit political pluralism, or targets civil society.

  • Related content
  • Related content
Filter Topics Open Close
  • OSCE Representative Cites Threats to Free Media

    Mr. HASTINGS of Florida. Madam Speaker, as Co-Chairman of the Helsinki Commission, I wish to draw the attention of colleagues to the timely and informative testimony of the OSCE Representative on Freedom of the Media, Dunja Mijatovic, who testified earlier today at a Commission hearing on ``Threats to Free Media in the OSCE Region.'' She focused on various threats to journalists and independent media outlets, including physical attacks and adoption of repressive laws on the media as well as other forms of harassment. Most troubling is the murder of journalists because of their professional activities. According to the U.S.-based Committee to Protect Journalists, 52 journalists have been killed in Russia alone since 1992, many reporting on corruption or human rights violations. Ms. Mijatovic also flagged particular concern over existing and emerging threats to freedom on the Internet and other communications technologies. She also voiced concern over the use of criminal statutes on defamation, libel and insult which are used by some OSCE countries to silence journalists or force the closure of media outlets. With respect to the situation in the United States, she urged adoption of a shield law at the federal level to create a journalists' privilege for federal proceedings. Such a provision was part of the Free Flow of Information Act of 2009, which passed the House early in the Congress and awaits consideration by the full Senate.  As one who has worked to promote democracy, human rights and the rule of law in the 56 countries that comprise the OSCE, I share many of the concerns raised by Ms. Mijatovic in her testimony and commend them to colleagues.    ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE REPRESENTATIVE ON FREEDOM OF THE MEDIA  (By Dunja Mijatovic) [From the Helsinki Commission Hearing on the Threats to Free Media in the OSCE Region, June 9, 2010]  Dear Chairmen, Distinguished Commissioners, Ladies and Gentlemen,  I am honored to be invited to this hearing before the Helsinki Commission at the very beginning of my mandate. I feel privileged to speak before you today. The Helsinki Commission's welcoming statement issued on the day of my appointment is a clear manifestation of the strong support you continuously show toward the work of this unique Office, and I assure you, distinguished Commissioners, that this fact is very much appreciated.  It will be three months tomorrow since I took office as the new Representative on Freedom of the Media to the OSCE. Even though three months may sound short, it has proved more than enough to gain a deep insight, and unfortunately also voice concerns, about the decline of media freedom in many of the 56 countries that today constitute the OSCE.  Although the challenges and dangers that journalists face in our countries may differ from region to region, one sad fact holds true everywhere: The freedom to express ourselves is questioned and challenged from many sides. Some of these challenges are blatant, others concealed; some of them follow traditional methods to silence free speech and critical voices, some use new technologies to suppress and restrict the free flow of information and media pluralism; and far too many result in physical harassment and deadly violence against journalists.  Today, I would like to draw your attention to the constant struggle of so many institutions and NGOs around the world, including your Commission and my Institution, to combat and ultimately stop violence against journalists. I would also like to address several other challenges that I want to place in the center of my professional activities, each of which I intend to improve by relentlessly using the public voice I am now given at the OSCE.  Let me first start with violence against journalists.  Ever since it was created in 1997, my Office has been raising attention to the alarming increase of violent attacks against journalists. Not only is the high number of violent attacks against journalists a cause for concern. Equally alarming is the authorities' far too-prevalent willingness to classify many of the murders as unrelated to the journalists' professional activities. We also see that more and more often critical speech is being punished with questionable charges brought against the journalists.  Impunity of perpetrators and the responsible authorities' passivity in investigating and failing to publicly condemn these murders breeds further violence. There are numerous cases that need to be raised over and over again. We need to continue to loudly repeat the names of these courageous individuals who lost their lives for the words they have written. I am sorry for all those whom I will not mention today; but the names that follow are on the list that I call ``the Hall of Shame'' of those governments that still have not brought to justice the perpetrators of the horrifying murders that happened in their countries.  The most recent murder of a journalist in the OSCE area is the one of the Kyrgyz opposition journalist Gennady Pavlyuk (Bely Parokhod), who was killed in Kazakhstan in December last year. It gives me hope that the new Interim Government of Kyrgyzstan has announced to save no efforts to bring the perpetrators to justice, as well as those involved in the 2007 murder of Alisher Saipov (Siyosat).  The Russian Federation remains the OSCE participating State where most members of the media are killed. Paul Klebnikov (Forbes, Russia), Anna Politkovskaya (Novaya Gazeta), Anastasia Baburova (Novaya Gazeta), are the most reported about, but let us also remember Magomed Yevloyev (Ingushetiya), Ivan Safronov (Kommersant), Yury Shchekochikhin (Novaya Gazeta), Igor Domnikov (Novaya Gazeta), Vladislav Listyev (ORT), Dmitry Kholodov (Moskovsky Komsomolets) and many others.  We also should not forget the brutal murders of the following journalists, some remain unresolved today:  Hrant Dink (Agos) Armenian Turkish journalist was shot in 2007 in Turkey.  Elmar Huseynov (Monitor) was murdered in 2005 in Azerbaijan.  Georgy Gongadze (Ukrainskaya Pravda) was killed in 2000 in Ukraine.  In Serbia, Slavko Curuvija (Dnevni Telegrat) was murdered in 1999, and Milan Pantic (Vecernje Novosti) was killed in 2001.  In Montenegro, Dusko Jovanovic (Dan), was shot dead in 2004.  In Croatia, Ivo Pukanic (Nacional) and his marketing director, Niko Franjic, were killed by a car bomb in 2008.  Violence against journalists equals violence against society and democracy, and it should be met with harsh condemnation and prosecution of the perpetrators. There can be no improvement without an overhaul of the very apparatus of prosecution and law enforcement, starting from the very top of the Government pyramid.  There is no true press freedom as long as journalists have to fear for their lives while performing their work. The OSCE commitments oblige all participating States to provide safety to these journalists, and I will do my best to pursue this goal with the mandate I am given and with all professional tools at my disposal.  We also observe another very worrying trend; more and more often the imprisonment of critical journalists based on political motivations including fabricated charges. Let me mention some cases:  In Azerbaijan, the prominent editor-in-chief of the now-closed independent Russian-language weekly, Realny Azerbaijan, and Azeri-language daily, Gundalik Azarbaycan, Eynulla Fatullayev was sentenced in 2007 to a cumulative eight-and-a-half years in prison on charges on defamation, incitement of ethnic hatred, terrorism and tax evasion. The European Court of Human Rights (ECtHR) found Azerbaijan in violation of Article 10 and Article 6, paragraphs 1 and 2 of the European Convention on Human Rights, so there is only one possible outcome--Fatullayev should be immediately released.  In Kazakhstan, Ramazan Yesergepov, the editor of Alma-Ata Info, is serving a three-year prison term on charges of disclosing state secrets.  Emin Milli and Adnan Hajizade, bloggers from Azerbaijan, are serving two and a half years and two years in prison respectively since July 2009 on charges of hooliganism and infliction of light bodily injuries.  In Uzbekistan, two independent journalists, Dilmurod Saiid (a freelancer) and Solijon Abdurahmanov (Uznews), are currently serving long jail sentences (twelve-and-a-half-years and ten years) on charges of extortion and drug possession.  I will continue to raise my voice and demand the immediate release of media workers imprisoned for their critical work.  I join Chairman Cardin for commending independent journalists in the Helsinki Commission's recent statement on World Press Freedom Day. These professionals pursue truth wherever it may lead them, often at great personal risk. They indeed play a crucial and indispensable role in advancing democracy and human rights. By highlighting these murder and imprisonment cases, by no means do I intend to neglect other forms of harassment or intimidation that also have a threatening effect on journalists. Let me just recall that, with the heightened security concerns in the last decade, police and prosecutors have increasingly raided editorial offices, journalists' homes, or seized their equipment to find leaks that were perceived as security threats. Suppression and restriction of Internet Freedom  Turning to the problems facing Internet freedom, we can see that new media have changed the communications and education landscape in an even more dramatic manner than did the broadcast media in the last half century. Under my mandate, the challenge has remained the same: how to safeguard or enhance pluralism and the free flow of information, both classical Helsinki obligations within the OSCE.  It was in 1998 that I read the words of Vinton G. Cerf in his article called ``Truth and the Internet''. It perfectly summarizes the nature of the Internet and the ways it can create freedom.  Dr. Cerf calls the Internet one of the most powerful agents of freedom: It exposes truth to those who wish to see it. But he also warns us that the power of the Internet is like a two-edged sword: it can also deliver misinformation and uncorroborated opinion with equal ease. The thoughtful and the thoughtless co-exist side by side in the Internet's electronic universe. What is to be done, asks Cerf.  His answer is to apply critical thinking. Consider the Internet as an opportunity to educate us all. We truly must think about what we see and hear, and we must evaluate and select. We must choose our guides. Furthermore, we must also teach our children to think more deeply about what they see and hear. That, more than any electronic filter, he says, will build a foundation upon which truth can stand.  Today, this foundation upon which truth could indeed so firmly stand is under continuous pressure by governments. As soon as governments realized that the Internet challenges secrecy and censorship, corruption, inefficiency and bad governing, they started imposing controls on it. In many countries and in many ways the effects are visible and they indeed threaten the potential for information to circulate freely.  The digital age offers the promise of a truly democratic culture of participation and interactivity. Realizing that promise is the challenge of our times. In the age of the borderless Internet, the protection of the right to freedom of expression ``regardless of frontiers'' takes on a new and more powerful meaning.  In an age of rapid technological change and convergence, archaic governmental controls over the media are increasingly unjust, indefensible and ultimately unsustainable. Despite progress, many challenges remain, including the lack of or poor quality of national legislation relating to freedom of information, a low level of implementation in many OSCE member states and existing political resistance.  The importance of providing free access for all people anywhere in the world cannot be raised often enough in the public arena, and cannot be discussed often enough among stakeholders: civil society, media, as well as local and international authorities.  Freedom of speech is more than a choice about which media products to consume.  Media freedom and freedom of speech in the digital age also mean giving everyone--not just a small number of people who own the dominant modes of mass communication, but ordinary people, too--an opportunity to use these new technologies to participate, interact, build, route around and talk about whatever they wish--be it politics, public issues or popular culture. The Internet fundamentally affects how we live. It offers extraordinary opportunities for us to learn, trade, connect, create and also to safeguard human rights and strengthen democratic values. It allows us to hear each other, see each other and speak to each other. It can connect isolated people and help them through their personal problems.  These rights, possibilities and ideals are at the heart of the Helsinki Process and the OSCE principles and commitments that we share. We must find the best ways to spread access to the Internet, so that the whole world can benefit from what it can offer, rather than increasing the existing gaps between those who have access to information and those who do not. And to those governments who fear and distrust the openness brought along by the Internet, let me emphasize over and over again:  The way a society uses the new communications technologies and how it responds to economic, political and cultural globalization will determine the very future of that society. Restrict access to information, and your chances to develop will become restricted. Open up the channels of free communication, and your society will find ways to prosper.  I was delighted to hear Secretary of State Clinton speak about a basic freedom in her January speech on Internet freedom in the ``Newseum''. This freedom is the freedom to connect. Secretary Clinton rightly calls this freedom the freedom of assembly in cyber space. It allows us to come together online, and shape our society in fundamental ways. Fame or money is no longer a requisite to immensely affect our world.  My office is rapidly developing a comprehensive strategy to identify the main problems related to Internet regulation in the 56 countries of the OSCE, and ways to address these issues. I will count on the support of the Helsinki Commission to advance the universal values that this strategy will attempt to extend to those countries where these values are still being questioned.  Let me also mention the importance to protect the freedom of other new technologies.  Only two weeks ago, my Office organized the 12th Central Asia Media Conference in Dushanbe, Tajikistan, where media professionals from all five Central Asian countries adopted a declaration on access to information and new technologies. This document calls on OSCE governments to facilitate the freer and wider dissemination of information, including through modern information and communication technologies, so as to ensure wide access of the public to governmental information.  It also reiterates that new technologies strengthen democracy by ensuring easy access to information, and calls upon state institutions with legislative competencies to refrain from adopting new legislation that would restrict the free flow of information. And only this spring my Office published a guide to the digital switchover, to assist the many OSCE countries where the switch from analogue to digital will take place in the next five years. The aim of the guide is to help plan the digitalization process, and help ensure that it positively affects media freedom, as well as the choice and quality available to the audience.  Besides advocating the importance of good digitalization strategies, I will also use all available fora to raise attention to the alarming lack of broadcast pluralism, especially television broadcast pluralism, in many OSCE countries. As television is the main source of information in many OSCE regions, we must ensure that the laws allow for diverse, high-quality programs and objective news to easily reach every one of us. Only well-informed citizens can make good choices and further democratic values. Whether we talk about Internet regulation, inventive ways to switch to digital while preserving the dominance of a few selected broadcasters, attempts to limit access to information or broadcast pluralism, we must keep one thing in mind: No matter what governments do, in the long run, their attempts to regulate is a lost battle.  People always find ways to obtain the rights that are denied to them. History has shown this over and over again. In the short run, however, it is very clear that I will intervene with governments which try to restrict the free flow of information. Defamation  Similar to fighting violence against journalists, my Office has been campaigning since its establishment in 1997 to decriminalize defamation and libel in the entire OSCE region.  Unfortunately, in most countries, defamation is still punishable by imprisonment, which threatens the existence of critical speech in the media. This is so despite the consistent rulings of the European Court of Human Rights in Strasbourg, stating that imprisonment for speech offences, especially when committed by criticizing public figures, is a disproportionate punishment.  Let us again remind ourselves of the journalists and bloggers I have mentioned above when discussing violence against journalists. They are currently in prison because their writing was considered defamatory. Their fate reminds us all of the importance of the right to freely speak our mind.  This problem needs urgent reform not only in the new, but also in the old democracies of the OSCE. Although the obsolete criminal provisions have not been used in Western Europe for decades, their ``chilling effect'' remained.  Furthermore, the mere existence of these provisions has served as a justification for other states that are unwilling to stop the criminalization of journalistic errors, and instead leave these offenses solely to the civil-law domain.  Currently, defamation is a criminal offence in all but ten OSCE countries--my home country Bosnia and Herzegovina, Cyprus, Estonia, Georgia, Ireland, Moldova, Romania, Ukraine, the United Kingdom and the United States.  Last year, three OSCE countries decriminalized defamation, which I consider to be an enormous success: Ireland, Romania and the United Kingdom; the last being the first among the Western European participating States to officially decriminalize defamation.  Some other countries, such as Armenia, are currently reforming their defamation provisions, and I hope that I can soon welcome the next country that carries out this important and very long overdue reform.   Concluding remarks  Dear Chairmen,  Dear Commissioners,  Ladies and Gentlemen,  The above problematic areas--violence against journalists, restrictions of new media including the Internet, lack of pluralism and resistance to decriminalize defamation--are among the most urgent media freedom problems that need our attention and concentrated efforts today. However, we will also not forget about the many other fields where there is plenty of room to improve. Of course, I will not miss the excellent opportunity that we are here together today to raise your attention to the topic that my distinguished predecessor, Miklos Haraszti, has already raised with you: the establishment and the adoption of a federal shield law in the United States.  As you know, my Office has been a dedicated promoter of the federal shield law for many years. If passed, the Free Flow of Information Act would provide a stronger protection to journalists; it could ensure that imprisonments such as that of Judith Miller in 2005, and Josh Wolf in 2006, could never again take place and hinder investigative journalism. But the passage of such legislation would resonate far further than within the borders of the United States of America. It could send a very much needed signal and set a precedent to all the countries where protection of sources is still opposed by the government and is still not more than a dream for journalists.  I respectfully ask all of you, distinguished Commissioners, to continue and even increase your efforts to enable that the Free Flow of Information Act soon becomes the latest protector of media freedom in the United States.  And of course I cannot close my speech without mentioning my home country, Bosnia and Herzegovina. As you know, not only Bosnia and Herzegovina, but also most of the emerging democracies in the Balkans enjoy modern and forward-looking media legislation. We can openly say that they almost have it all when it comes to an advanced legal and regulatory framework enabling free expression to thrive. But it is not that simple. I use this moment to pose several questions: if there are good laws, then why do we still face severe problems in relation to media freedom, why do we stagnate and sometimes even move backward? Where does the problem lie? And, more importantly, how can we solve it and move ahead?  What Bosnia and Herzegovina shows us is that good laws in themselves are not enough. Without their good implementation, they are only documents filled with unrealized potential. In countries that struggle with similar problems, we must stress over and over again: without the full implementation of valid legislation, without genuine political will, without a comprehensive understanding of the media's role in a functioning democracy, without the creation of a safe environment for journalists to do their work, and without true commitment by all actors, these countries risk falling far behind international standards.  Apart from unmet expectations and disillusioned citizens, we all know that the consequences of politicized and misused media could be very serious. In conclusion, let me assure you, dear Commissioners, that I will not hesitate to openly and vigorously remind any country of their responsibilities toward implementing the OSCE commitments to the freedom of the media.  I am also asking you to use this opportunity today and send a clear message to the governments of all OSCE countries to do their utmost to fully implement their media legislation safeguarding freedom of expression. The governments have the power to create an environment in which media can perform their unique role free of pressures and threats. Without this, no democracy can flourish.  Thank you for your attention.

  • U.S. Helsinki Group Slams Baku Court's Refusal of Bloggers' Appeal

    The U.S. Helsinki Commission has criticized a Baku court's rejection of appeals by two Azerbaijani bloggers against their prison sentences, RFE/RL's Azerbaijani Service reports. Emin Milli was sentenced in November to 2 1/2 years in prison and Adnan Hajizade to two years on charges of hooliganism arising from what the commission chairmen said "appeared to be a crude, government-arranged incident at a restaurant" in July 2009. Both bloggers were well-known for their satirical comments on Azerbaijani government policy. The Baku court rejected their appeal on March 10. Both men, and a number of rights groups, have insisted the incident behind the jailing was a provocation and the motives connected to their very public criticism of the government. Senator Benjamin Cardin (Democrat, Maryland), the U.S. Helsinki Commission chairman, said the bloggers' case "is the latest in a long series of setbacks for independent journalism and civil society in Azerbaijan." Commission Co-Chair Congressman Alcee Hastings (Democrat, Florida), said it "illustrates the lack of independence of Azerbaijan's judicial system." Congressman Robert Aderholt (Republican, Alabama) said the bloggers' conviction "seems to indicate a determination to stifle dissent before the parliamentary election later this year." The U.S. Helsinki Commission wrote in December to Azerbaijani President Ilham Aliyev expressing concern about the convictions and calling for a fair appeal process. Azerbaijani authorities did not reply to that letter.

  • Kazakhstan’s Leadership of the OSCE

    This hearing, presided over by Co-Chairman Alcee L. Hastings, was a largely positive affirmation concerning the strides that Kazakhstan had taken regarding human rights and democratization. The commissioners commended  Kazakhstan’s elimination of its nuclear program, which is rare for a country with an emerging economy and democracy. However, the Commissioners believed that further justification would be required for Kazakhstan's bid to host the 2010 OSCE Summit.

  • Twitter This

    The most interesting question President Obama fielded in China came over the Internet, via the U.S. Embassy, from a Chinese citizen who asked, "Do you know of the firewall? Should we be able to use Twitter freely?" In response, Mr. Obama, speaking at a town hall in Shanghai, did not directly address China's massive Internet censorship operation -- "the firewall" -- and he confessed that he does not use Twitter. But he said, "I'm a big supporter of not restricting Internet use, Internet access, other information technologies like Twitter." No doubt that's correct. And, just as likely, Mr. Obama is not aware that his State Department not only is doing next to nothing to support Internet freedom in countries such as China, but that it also has been slow-walking congressional initiatives to do so. For two years Congress has appropriated funds to support groups that are developing ways to circumvent the Chinese firewall and those erected in Iran, Burma, Cuba and other repressive countries. The most prominent of the groups, the Global Internet Freedom Consortium, says it has the capacity to host 1.5 million users daily. Its technology works: Shiyu Zhou, the deputy director of the consortium, testified to the U.S. Helsinki Commission last month that at the height of opposition protests on June 20, more than 1 million Iranians used the system. He said that with $30 million of additional funding, capacity could be increased to 50 million users a day, making it "prohibitively expensive for any repressive government to counter our efforts." A bipartisan coalition that includes Sens. Arlen Specter (D-Pa.) and Sam Brownback (R-Kan.) and Rep. Frank Wolf (R-Va.) has been trying to channel the necessary funding. A total of $20 million has been included in the past two State Department budgets, and $30 million more is pending in the Senate's version of the 2010 budget. But State hasn't passed the money on to the firewall-busters. Instead it gave the lion's share of its 2008 appropriation to a group that specializes in conducting media studies and training journalists, and it has failed to distribute the 2009 funds, even though the fiscal year ended nearly three weeks ago. The department says it is increasing the staff dedicated to working on Internet freedom issues and that it is funding some "implementing partners" that it won't identify. Still, no money is going to the one organization with a proven record of overcoming firewalls. The group's advocates suspect that that's because the Global Internet Freedom Consortium is identified with China's banned Falun Gong movement -- and State is fearful of Beijing's reaction to any U.S. support for it. The Obama administration has already done plenty to appease the Chinese regime. The least it can do is act on the president's own words about the value of free information -- and help give Chinese their chance to Twitter.

  • Why Tyrants Like Twitter

    When hundreds of thousands of Iranians took to the streets this summer to protest election results, headlines around the world anointed it the "Twitter Revolution." Iranians by the thousands Tweeted, Facebooked, blogged, video streamed and posted on scores of Web sites to share the events with the rest of the world, thwarting government attempts to censor coverage of the post-election violence. Twitter in particular appeared so powerful that the U.S. State Department even asked the micro-blogging service to delay a scheduled network upgrade to ensure Tweeting Iranians wouldn't lose access. But while Twitter and its new media cousins have given millions of people around the world the unprecedented ability to speak out and quickly organize against repressive governments, some experts caution that social media doesn't only benefit the social activists. "I'm not sure we understand the implications of building public spheres," said Evgeny Morozov, Yahoo! Fellow at Georgetown University's E.A. Walsh School of Foreign Service. New Media Empowers All Forces In a U.S. Helsinki Commission hearing on new media in authoritarian regimes, Morozov last week warned that new media "will power all political forces, not just the forces we like." Despite efforts to encourage the growth of pro-democratic groups online, he said research into the blogospheres in Egypt, Palestine and Russia suggest that the Muslim Brotherhood, Hamas and groups of Russian nationalists and fascists are among the most active users of blogs and social media. "Blind support for promoting blogging and social networking may have a lot of very unpleasant unexpected consequences," Morozov said. While it's true that governments may have lost some power to Internet-based modes of communication that empower many voices, he said authoritarian regimes have benefited from those same communication channels in other ways. "The Internet has made it much more effective and cheaper to spread propaganda," Morozov told ABCNews.com. New Media Can Give Appearance of Openness In Russia, the government befriends new media entrepreneurs who spin online conversation in the government's favor. The Chinese, Morozov said, have created a "50 cent party" composed of thousands of people across the country who get paid 50 cents for each comment they leave online. For some authoritarian governments, new media can be used to give the appearance of openness and legitimacy. In a piece written earlier this year for the human rights blog openDemocracy.org, Babak Rahimi, a professor of Iranian and Islamic Studies at the University of California, San Diego, wrote about the "politics of Facebook" in Iran. Part of the reason could be to encourage younger people to vote, thereby boosting electoral participation and signaling state legitimacy, Rahimi wrote. Another reason could be to identify dissenters. "By unblocking Facebook and creating a false sense of open and fair elections, the intelligence services are able to monitor the activities of dissidents who may feel more comfortable to express their views on Facebook," he wrote. But the primary reason, Rahimi continued, was so authorities could show off their strength as a legitimate power. "By conceding small amounts of liberty, the regime also hopes to gain approval for its 'progressive' nature," he said. Morozov said that new media has also made it easier for repressive regimes to identify dissenters. Instead of employing hundreds of people to read published material, rulers can automate the process with computers programmed to search for keywords. The Beijing-based TRS Information Technology, a search technology and text mining company, helps China control public opinion by using keywords to search for subversive content, the Financial Times reported earlier this year. A marketing manager for the company told the Financial Times that it was starting to sell services that allowed monitors to track comments and forecast public opinion. He also said police use the technology to focus attention on certain groups of people, such as university student forums. 'Cat and Mouse Thing' for Activists to Stay Ahead Though there are risks to opening up public spaces online, experts also say that with ongoing awareness of developments in new technology, progress is possible. During last week's Helsinki Commission hearing, Nathan Freitas, an adjunct professor with the Interactive Telecom Program at New York University and developer of technology for protests, said there are numerous stories of Chinese, Tibetan and other activists being monitored via Skype, Yahoo!, e-mail and other online tools. Still, he said that when activists protested for Tibetan independence during the 2008 Olympic games, China's efforts to block coverage didn't stop the protestors from broadcasting their activities. Digital video cameras, handheld computers and live streaming camera phones helped their protests succeed, Freitas said. "It's a cat and mouse thing, staying one step ahead," he told ABCNews.com. Activists need to stay on top of a government's technical capabilities as well as its overall priorities. And the best use of new media for activists changes from country to country. For example, given China's ambitious business aspirations, it can't block as much of the Internet as countries with more humble goals, Freitas said. But a government's grand plans can also provide exploitable opportunities. Although China may crack down on Skype, e-mail and other communication channels, because it wants to encourage small businesses, Freitas said devices like BlackBerries work well in China. "The irony of the world is that everyone wants a piece of the Internet commerce cookie? These countries are promoting the people getting computer science degrees, so you're seeing the rapid rise of intelligence and capabilities within the countries themselves," he said. "If you can find the loopholes that tie in technology with commerce, it's kind of a sweet spot."

  • Twitter Against Tyrants: New Media in Authoritarian Regimes

    Held after a year in which Twitter and Facebook catalyzed protest movements in Iran and Moldova and authoritarian regimes around the world unleashed new tools of Internet control, this briefing considered the ways in which new media and Internet communication technologies affect the balance of power between human rights activists and authoritarian governments. Panelists who spoke at this briefing focused on new media’s role in protests and elections, the ways in which it empowers civil society activists, and the darker side: how dictators use new technology to control and repress their citizens. The response of authoritarian regimes to the significant opportunities for advancing freedom through new media was addressed.  

  • Commission Plays Leading Role at Parliamentary Assembly in Lithuania

    By Robert A. Hand, Policy Advisor A bipartisan U.S. delegation traveled to Vilnius, Lithuania June 29 for the 18th Annual Session of the Organization for Security and Cooperation in Europe Parliamentary Assembly (OSCE PA). The delegation participated fully in the activity of the Assembly’s Standing Committee, the plenary sessions and the Assembly’s three General Committees. Helsinki Commission Chairman Senator Benjamin L. Cardin led the delegation, which included the following commissioners: Co-Chairman Congressman Alcee L. Hastings, Ranking Minority Member Chris Smith, and Senator Roger Wicker, Representatives Louise McIntosh Slaughter, Mike McIntyre, G.K. Butterfield and Robert B. Aderholt. Senate Assistant Majority Leader Dick Durbin, Senator George Voinovich and Representatives Lloyd Doggett, Madeleine Z. Bordallo and Gwen Moore also joined the delegation. Background of the OSCE PA The Parliamentary Assembly was created within the framework of the OSCE as an independent, consultative body consisting of more than 300 parliamentarians from each of the 56 countries, which stretch from the United States and Canada throughout Europe, the Caucasus and Central Asia. The Annual Sessions are the chief venue for debating international issues and voting on a declaration addressing human rights, democratic development, rule of law, economic, environmental and security concerns among the participating States and the international community. The United States delegation is allotted 17 seats in the Assembly. Robust Congressional participation has been a hallmark of the Parliamentary Assembly since its inception nearly 20 years ago, ensuring U.S. interests are raised and discussed. 18th Annual Session This year’s Annual Session, hosted by the Parliament (Seimas) of Lithuania from June 29 to July 3, brought together more than 500 participants from 50 of the 56 OSCE participating States under the theme: “The OSCE: Addressing New Security Challenges.” The Standing Committee -- the Assembly’s leadership body (composed of Heads of Delegations from the participating States and the elected officers) -- met prior to the Annual Session. Senator Cardin, as Head of Delegation and an OSCE PA Vice President, represented the United States. Chaired by the OSCE PA President, Portuguese parliamentarian João Soares, the committee heard reports from the Assembly’s Treasurer, German parliamentarian Hans Reidel, and from the Assembly’s Secretary General, R. Spencer Oliver of the United States. The Assembly continues to operate well within its overall budget guidelines and to receive positive assessments from auditors on financial management. The committee unanimously approved the proposed budget for 2009-2010. The Standing Committee also approved several changes in the OSCE PA’s Rules of Procedure, especially related to gender balance and the holding of elections for officers, as well as 24 Supplementary Items or resolutions for consideration in plenary or committee sessions. The committee brought up as an urgent matter a resolution regarding the detention of Iranian citizens employed by the British Embassy in Tehran. Senator Cardin spoke in support of the resolution. With the Standing Committee’s business concluded, Assembly President Soares opened the Inaugural Plenary Session, stressing in his opening remarks the need for OSCE reform. The first session concluded with a discussion of gender issues led by Swedish parliamentarian Tone Tingsgaard that included comments from Rep. Gwen Moore. A Special Plenary Session the next day was scheduled to accommodate the OSCE Chair-in-Office, Greek Foreign Minister Dora Bakoyannis, who had just presided over an informal meeting of OSCE foreign ministers in Corfu, Greece, to launch a new, high-level dialogue on European security. Senator Cardin attended the Corfu meeting as a representative of the OSCE Parliamentary Assembly. Following her speech, Bakoyannis engaged in a dialogue with parliamentarians on a number of OSCE issues. Lithuanian Foreign Minister Vygaudas Usackas also addressed the special session. Lithuania will chair the OSCE in 2011. U.S. Member Involvement The U.S. delegation actively participated in the work of the Assembly’s three General Committees – the first committee for Political Affairs and Security; the second for Economic Affairs, Science, Technology and the Environment; and the third on Democracy, Human Rights and Humanitarian Questions. Each committee considered its own draft resolution, prepared by an elected Rapporteur, as well as 23 of the 25 Supplementary Items. Two Supplementary Items, including one by President Soares on Strengthening the OSCE, were considered in plenary session. Representatives Chris Smith, Mike McIntyre, and Gwen Moore each proposed resolutions that were adopted dealing with freedom of expression on the Internet, international cooperation in Afghanistan, and prevention of maternal mortality respectively. Members of the U.S. delegation were also instrumental in garnering support for Supplementary Items introduced by others, co-sponsoring eight resolutions introduced by delegations of other countries. The U.S. delegation was responsible for 26 amendments to either the committee draft resolutions or various Supplementary Items. Chairman Cardin proposed climate-related amendments to a resolution on energy security and suggested the OSCE initiate work with Pakistan in the resolution on Afghanistan. Co-Chairman Hastings worked on numerous human rights and tolerance issues. Other amendments were sponsored by: Sen. Durbin on improving international access to clean water; Sen. Voinovich on combating anti-Semitism; Sen. Wicker on preserving cultural heritage; Rep. Smith on preventing the abuse of children; and Rep. Butterfield on responding to climate change. Bilateral Meetings The U.S. delegation also engaged in a variety of activities associated with the Annual Session, holding bilateral meetings with the delegations of Russia and Georgia focusing on their respective internal political developments and the tension in the Caucasus since Russia invaded Georgia last August and then sought to legitimize breakaway regions. Separate meetings were also held with Lithuanian President Valdas Adamkus and other Lithuanian leaders, at which the delegation pressed for new laws to resolve outstanding claims of property seized during the Nazi and Communist eras. The delegation also presented President Adamkus a letter from President Barack Obama on the occasion of the 1000th anniversary of the first written reference to Lithuania. Members of the U.S. delegation attended a working lunch to discuss gender issues, hosted by Swedish parliamentarian Tingsgaard. A variety of social events, including a reception hosted by the British delegation at their embassy, afforded numerous informal opportunities to discuss issues of common concern. U.S. Leadership As a demonstration of active U.S. engagement, a Member of the U.S. Congress has always held some elected or appointed leadership role in the OSCE PA. The Vilnius Annual Session has allowed this to continue at least through July 2012. Chairman Cardin was reelected to a three-year term as one of nine Vice Presidents, a very welcome development given his long record of OSCE engagement going back to his years in the House of Representatives. Rep. Aderholt, who has attended every OSCE PA Annual Session since 2002 and often visits European countries to press human rights issues, was elected Vice Chair of the third General Committee, which handles democracy and human rights. President Soares was reelected for a second term and selected Rep. Smith to serve as a Special Representative on Human Trafficking and asked Co-Chairman Hastings to continue serving as Special Representative on Mediterranean Affairs. An unfortunate development in the election of new officers is the absence of a representative of the Russian Federation. Because the United States government may disagree so substantively with current Kremlin policies, the U.S. government has always felt it critical to welcome Russian engagement in the OSCE PA. It was, therefore, a disappointment that the head of the Russian Federation delegation, Alexander Kozlovsky, reversed course and decided not to run for a Vice Presidency seat and more disappointing that a political bloc at the OSCE PA defeated Russian incumbent Natalia Karpovich as rapporteur of the Third Committee. Karpovich had been accommodating of U.S. human rights initiatives in her draft resolution. Vilnius Declaration Participants at the closing plenary session adopted the final Vilnius Declaration -- a lengthy document which reflects the initiatives and input of the U.S. delegation. Among other things, the declaration calls for strengthening the OSCE in order to enhance its legitimacy and political relevance; addresses conventional arms control, disarmament and other security-related issues of current concern in Europe; calls for greater cooperation in the energy sector and better protection of the environment; and stresses the continued importance of democratic development and respect for human rights, especially as they relate to tolerance in society and freedom of expression. The most contentious part of the declaration related to the promotion of human rights and civil liberties twenty years after the fall of the Berlin Wall, which included language noting the 70th anniversary of the Molotov-Ribbentrop Pact. While some of the language may have been provocative, strong Russian objections to the entire text appeared to be motivated by a desire to defend a Stalinist past and minimize its crimes. The Russian delegation’s effort to block passage of this resolution reflects a similar sentiment in Moscow that recently led to the creation of a widely-criticized commission "for counteracting attempts to falsify history to the detriment of Russia's interests." As a July 9 column for The Economist noted about recent Russian efforts to excuse Stalinism, the “debate in Vilnius makes it a bit harder to maintain that stance.” Some of Russia’s traditional friends and allies in the OSCE PA were noticeably absent from the debate. The Balkans While the Congressional delegation’s work focused heavily on representing the United States at the OSCE PA, the trip afforded an opportunity to advance U.S. interests elsewhere in Europe. While Co-Chairman Hastings traveled to Albania to observe that country’s first parliamentary elections since becoming a NATO member earlier this year, the rest of the delegation visited Bosnia-Herzegovina. Bosnia-Herzegovina is still recovering from the conflict in the 1990s and the associated horrors of the Srebrenica genocide and massive ethnic cleansing. The reverberations of the conflict continue to hinder prospects for European and Euro-Atlantic integration. The United States was instrumental in bringing the Bosnian conflict to an end in 1995, especially with the negotiation of the Dayton Agreement, and the United States has invested considerable financial, diplomatic and military resources in the post-conflict period. The visit came one month after Vice President Joe Biden visited Sarajevo with a message of renewed U.S. engagement in the Balkans. While meetings with Bosnian political leaders revealed little willingness to work constructively toward constitutional reform needed for an effective central government, a meeting with English-speaking university students revealed a refreshing desire to overcome ethnic divisions and move the country forward. Belarus Given its proximity to Vilnius, members of the Congressional delegation visited Minsk, the capital of Belarus, to press for greater democracy and respect for human rights in that country. Belarus has remained a repressive state over the years even as its European neighbors have transitioned from being former Soviet or Warsaw Pact states to EU and NATO members or aspirants. Following a delegation meeting with President Alexander Lukashenka, Belarusian authorities released imprisoned American Emanuel Zeltzer, who was convicted of espionage in a closed trial and had numerous health concerns. The delegation also urged for greater progress in meeting the conditions in the Belarus Democracy Act passed by the U.S. Congress in 2004 and reauthorized in 2006. A meeting with political activists provided useful information on the situation for political opposition, non-governmental organizations and independent media. Finally, the delegation pressed Belarus’ officials to allow for an increased U.S. diplomatic presence in the country. In response to expanding U.S. sanctions, Minsk kicked out 30 diplomats last year, including the U.S. ambassador, leaving a staff of five at the U.S. Embassy. During the course of the Vilnius Annual Session, Senator Voinovich also broke away for a brief visit to Riga, Latvia. That visit was among the highest level visits from a U.S. official in three years, and was important for our relations with this NATO ally, which has deployed troops with Americans in Afghanistan without caveat and recently suffered losses which easily impact such a small country. U.S. interests abroad are advanced through active congressional participation in the OSCE PA. The 19th Annual Session of the OSCE Parliamentary Assembly will be held early next July in Oslo, Norway.

  • The Iran Crisis and the OSCE Neighbors

    The Hon. Mike McIntyre presided over this hearing, with the then recent re-election of Iranian President Mahmoud Ahmadinejad in mind. With witnesses – Former Assistant Secretary of State David Kramer, senior fellow of the German Marshall Fund of the United States; Jennifer Windsor, executive director of Freedom House; and Stephen Blank, research professor of National Security Affairs at the Strategic Studies Institute of the U.S. Army War College – McIntyre discussed the enormous implications of the hardline president’s landslide re-election. Iran’s neighbors who belong to the OSCE, such as Azerbaijan, Armenia, and Krygyzstan, were keenly aware of Ahmadinejad’s glide to victory, with reactions ranging from curiosity to anxiety concerning how the Iranian public would react. The Iranian citizenry met Ahmadinejad with nonviolent, yet persecuted, protests in the streets, similar to other demonstrations of civil disobedience in Iran’s neighboring countries. So, the question then becomes what the effects of Ahmadinejad’s re-election are on post-Soviet states.

  • The Medvedev Thaw: Is It Real? Will It Last?

    This hearing discussed U.S. foreign policy towards Russia, focusing on how to improve relations while taking Russia’s compliance with human rights seriously.   The witnesses and Commissioners discussed the implications of Dmitri Medvedev becoming president and Vladimir Putin retaining power as Prime Minister.

  • Human Rights in Afghanistan

    Janice Helwig, policy advisor at the Commission, examined the current state of human rights in Afghanistan, a Partner for Cooperation of the Organization for Security and Cooperation in Europe (OSCE).  While some progress has been made, rule of law and protection of human rights remains fragile. Witnesses Sima Samar and Scott Worden highlighted the harassment, intimidation, and violence human rights defenders and civil society leaders face while women and girls continue to be threatened and even attacked as they try to go to work or school.  They discuss the limited, if any, freedom of speech or belief reflected by the killings of journalists and the imposing of the death penalty on those who seek to convert from Islam to Christianity. 

  • Hate in the Information Age

    The briefing provided an overview of hate crimes and hate propaganda in the OSCE region, focusing on the new challenges posed by the internet and other technology. Mischa Thompson led the panelists in a discussion of the nature and frequency of hate crimes in the OSCE region, including the role of the internet and other technologies in the training, recruiting, and funding of hate groups. Panelists - Rabbi Abraham Cooper, Mark A. Potok, Christopher Wolf, Tad Stahnke – discussed how best to combat hate crimes and hate propaganda and highlighted internet governance issues in the United States and Europe and how the internet extensively contributes to hate propaganda. Issues such as free speech and content control were at the center of the discussion.

  • Armenia after the Election

    Since the February 19 presidential election, Armenia has experienced its most serious political crisis in over a decade. The March 1 confrontation between the authorities and supporters of the opposition resulted in at least eight fatalities and the imposition of a state of emergency, causing serious damage to Armenia’s reputation. Although Prime Minister Serzh Sarkissian has been elected President, some opposition leaders refuse to recognize the outcome and government opposition relations remain tense.  The state of emergency has been lifted but restrictions on freedom of assembly continue in effect.  The hearing will focus on the ramifications of these developments for Armenia and the United States, especially the ongoing Organization for Security and Cooperation in Europe (OSCE) negotiations on Nagorno-Karabakh and Armenia s qualifications for assistance from the Millennium Challenge Account.

  • Helsinki Commission Delegation Visits Prague and Bratislava

    By Erika B. Schlager, Counsel for International Law Prior to participating in the Winter Meeting of the OSCE Parliamentary Assembly in Vienna, Austria, Senator Benjamin Cardin (D-MD), the Co-Chairman of the U.S. Helsinki Commission, led a Congressional delegation to Prague, the Czech Republic, from February 18-20. In Prague, he was joined by Chairman Alcee Hastings (D-FL), Commissioner Louise McIntosh Slaughter (D-NY) and Congressman Michael McNulty (D-NY). Chairman Hastings also traveled to Bratislava, Slovakia, for additional meetings on February 21, where he was joined by Commissioner Hilda L. Solis (D-CA). In the Czech Republic, the delegation met with representatives of the Jewish community and toured the historic Jewish quarter in Prague, which dates back to the Middle Ages. The delegation discussed recent anti-Semitic manifestations, most notably a large demonstration organized last November on the anniversary of Kristallnacht, and other planned demonstrations by extremists. Although Czech civil society has strongly countered these demonstrations, local officials have struggled to find the appropriate balance between respect for freedom of speech and freedom of assembly and their desire to combat anti-Semitism and manifestations of other forms of intolerance. The delegation also held a round-table discussion with leading civil society and Romani activists. Their discussions touched on past instances of sterilizing Romani women without informed consent, and discrimination against Roma in education, housing and employment. It was noted that victims of wrongful sterilization practices have been advised by government officials to seek redress from the courts, even though most cases will be barred by statutes of limitations. The delegation held official meetings with the President of Senate, Premysl Sobotka, and other members of the Czech Senate; Deputy Foreign Minister Jan Kohout; representatives of the Government Council for Human Rights; and Otakar Motejl, the Public Defender of Rights (also known as the Ombudsman). In these meetings, delegation members expressed concern about the unresolved property claims of Americans who were excluded by the legal framework for property restitution previously adopted by the Czech Republic. They urged Czech officials to protect freedom of speech and assembly, while demonstrating sensitivity for dates or sites of particular importance to the Jewish community. With respect to the situation of the Romani minority, the delegation expressed concern for the victims of past sterilization without informed consent. They urged the Czech Government to take concrete steps to improve the situation of Roma, including through the adoption of comprehensive anti-discrimination legislation. Discussions with Czech officials also touched on bilateral or regional issues, including Kosovo’s declaration of independence and managing relations with Russia. While in Prague, the delegation also met with President of Radio Free Europe/Radio Liberty Jeffrey Gedman, toured the broadcasting facility, and held a press conference at the RFE/RL headquarters. In Slovakia, Chairman Hastings and Commissioner Solis met with leading political analysts to hear a broad discussion of political developments and trends, including concerns regarding proposed legislation on non-governmental organizations and on the media. During a round-table discussion with Romani activists, participants discussed the need to translate the government’s program into concrete action, and the particular challenge of translating national policies into change at the local level. The delegation also met with Foreign Minister Jan Kubis, Deputy Prime Minister Dusan Caplovic (who has responsibility for, i.a., human rights issues), and a group of parliamentarians, including representatives of opposition parties. In their meeting with Minister Caplovic, Chairman Hastings urged the Slovak Government to acknowledge the past sterilization without informed consent of Romani women. In other meetings, the delegation also expressed concern about the adoption by the parliament of resolution honoring Andreij Hlinka, who died in 1938 but whose nationalist leadership set the stage for Slovakia’s WWII alliance with Nazi Germany and the deportation of its Jewish citizens.

  • Human Rights, Civil Society, and Democratic Governance in Russia: Current Situation and Prospects for the Future

    This hearing, chaired by Helsinki Commission Chairman Hon. Sam Brownback and Ranking Member the Hon. Benjamin Cardin, focused on the tumoltuous developement of human right in Russia. For the past few years, a series of events in Russia has given cause for concern about the fate of human rights, civil society, and democratic governance in that country. Of particular concern is the recent promulgation of a law establishing greater governmental control over NGOs and an attempt by the Russian secret services to link prominent Russian NGOs with foreign intelligence services. Newsweek International wrote in its February 6, 2006 issue: “The Russian secret service is acting more and more like the old KGB.” At the same time, the Russian Federation accedes this year to the chairmanship of the Group of Eight Industrialized Nations (G-8), and will chair the Council of Europe Committee of Ministers beginning in May 2006.  

  • OSCE Chairman Addresses Helsinki Commission in Advance of Madrid Ministerial

    By Ronald J. McNamara, International Policy Director Spain’s Foreign Minister, Miguel Angel Moratinos, appeared before the Helsinki Commission on October 29, in his capacity as Chairman-in-Office of the Organization for Security and Cooperation in Europe, to discuss developments in the 56-nation OSCE before ministers meet in Madrid in late November. Similar hearings with the top political leader of the Vienna-based organization have been convened annually since 2001. Finland will assume the year-long chairmanship beginning in January. In prepared remarks, Commission Chairman Alcee L. Hastings noted, “While the participating States may share a common view of Europe on paper, translating that vision into reality is another matter altogether. While all OSCE commitments have been agreed to by all of the countries, the fact is that there are human rights commitments that have been on the books for many years that would not be agreed to by some today. Indeed, the OSCE, and its precursor, the CSCE, have served as barometers for relations among the participating States. Frankly, the current barometric pressure is low, signaling a likely impending storm.” Commission Co-Chairman Benjamin L. Cardin, also in a prepared statement, commended the Government of Spain for organizing the 2005 Córdoba Conference on Anti-Semitism and on Other Forms of Intolerance. He noted that the Helsinki Commission has been particularly active in the face of the spike of anti-Semitism and related violence in the OSCE region. “We appreciate your efforts to keep this important issue on the OSCE agenda with the reappointment of the personal representative on different aspects of tolerance as well as the related conferences convened this year in Bucharest and Córdoba,” said Cardin. The October 2007 Córdoba Conference focused on intolerance and discrimination against Muslims, a priority concern of the Spanish chairmanship. Commissioner Louise McIntosh Slaughter, who chaired the hearing, expressed particular appreciation for the Minister’s recognition of the distinctive contributions of parliamentarians to the Helsinki process. Slaughter has been a long-time active participant in the OSCE Parliamentary Assembly. She welcomed the timeliness of the hearing and recognized the complicated dynamics evident in the lead up to the Madrid Ministerial. “I know you have an ambitious agenda for the Madrid meeting and the Russians and others may complicate your work given the OSCE rule requiring consensus,” she said, continuing, “over the years, I have appreciated the opportunity to work closely with fellow parliamentarians from throughout the OSCE region, from Vancouver to Vladivostok. The OSCE PA has provided important leadership on issues from combating anti-Semitism and other forms of intolerance to promoting projects aimed at protecting the environment, to combating the scourge of human trafficking and advancing security among the participating States.” As one of Congress’ leading voices on equal rights for women, Commissioner Slaughter also commented on the OSCE PA’s trailblazing work in this area, as well. Moratinos’ testimony covered a wide range of accomplishments during the Spanish chairmanship as well as the numerous outstanding and potentially contentious issues on the OSCE’s agenda. On Kosovo, the Minister stressed, “We have managed over the years to maintain a neutral and unbiased position in regard to the status of Kosovo and the communities recognize this effort of OSCE. While the OSCE is not directly involved in the status negotiation, we are, as OSCE, contributing to the process of creating the necessary conditions on the ground for the implementation of the status settlement.” In response to a query from Slaughter about a possible unilateral declaration of independence by Kosovo and the prospects for renewal of OSCE’s current mandate covering operations in Kosovo which expires at year’s end, Moratinos stressed that “it's very important that OSCE maintain its engagement in Kosovo, whatever is going to be the future status. We are ready to stay in Kosovo in order to focus on monitoring protection of the rights of communities, particularly regarding the centralization and the protection of cultural and religious sites.” With regard to longstanding conflicts in the OSCE region, the OSCE Chairman-in-Office pointed to the Organization’s continuing work to facilitate a settlement on the Transnistrian issue in Moldova, through participation in the "five-plus-two" negotiations. Regarding the Nagorno-Karabakh conflict, he reported that while ongoing mediation efforts by the OSCE Minsk Group have not resulted in a breakthrough in the settlement process, the parties nevertheless remain committed to continuing the negotiations. Moratinos cited concern over serious incidents both in Abkhazia and the zone of the Georgian-Ossetian conflict. He discussed the chairmanship’s efforts in the aftermath of the August 6th missile incident between Russian and Georgia, stressing the need for forward-looking measures to build confidence between the two OSCE countries and avoid similar incidents in the future. Turning to Afghanistan, the OSCE's newest Partner for Cooperation, Slaughter remarked, “When I first flagged the concerns regarding the problems in Afghanistan in the OSCE context, some people said ‘that isn't our concern, it's outside the OSCE region.’ Well, one of the lessons of September 11 is that events in seemingly faraway lands do matter for the people there and ultimately for our own security.” Moratinos, in response, said “The situation in Afghanistan continues to have a substantial impact on security in Central Asia. In this respect, the OSCE is considering a serious border management project, particularly in Tajikistan. We hope to encourage counterparts in Afghanistan in these border related activities.” Spain is proposing an informal discussion on the margins of the Madrid Ministerial on the OSCE’s role in promoting the stability and future of Afghanistan. Slaughter referred to a recent meeting she had with Afghanistan’s President Karzai in which she underscored the importance of the movement of women in that country and the benefits of educating his young Afghan girls. An outspoken supporter of Kazakhstan’s longstanding bid to chair the OSCE, Moratinos remarked, “this bid has been welcomed by all members of the Organization and we hope and we are sure that this is an excellent opportunity for Kazakhstan, Central Asia, and the OSCE as a whole. For now, there is not a final consensus regarding the date of the chairmanship by Kazakhstan, but as Chairman-in-Office, Spain is actively seeking to build a consensus amongst all OSCE states on this important decision for the Organization.” Broaching concerns over observation of upcoming parliamentary elections in the Russian Federation scheduled for December 2, Commissioner Slaughter cited remarks by a senior Russian elections official suggesting that there would be a numerical limit to the number of international observers, including OSCE observers to 400 in total. Slaughter pointed out that the OSCE alone deployed over 450 in 2003 for the last election to the State Duma, Russia’s parliament. In response, Moratinos stated, “If there is a danger in the debate of election observation, it is that some participating States, to a certain extent, would like to shift the discourse away from commitments and the fulfillment, or lack of fulfillment. We find it unhelpful to call into question the well established OSCE practice on election observation, which so far has proved most fruitful. In this respect, it is our concern that the announcement made by the Russian representative in Vienna indicating that the invitation to observe the Duma election would be ‘ala carte.’” On the thorny issue of Russian intransigence in the OSCE, Ranking Minority Member Christopher H. Smith, in a prepared statement, underscored that the power of ideas remains a meaningful force today as witnessed by the drama being played out in the arena of the OSCE between those committed to pluralistic democracy and those pursuing authoritarianism, euphemistically termed “managed democracy, and dictatorship, as in Belarus and others. “Compromising on core values or watering down longstanding commitments is not the solution to the current impasse. Rather, our responsibility is to remain steadfast to these values and principles to which all participating States – including those now recalcitrant – have promised to uphold in word and deed,” warned Smith. Moratinos concluded by focusing on the future of the OSCE against the backdrop of discontent among some participating States, notably Russia, Belarus and like-minded countries with some of the activities of the Organization and its direction as well as uncertainty over sustained funding of OSCE, including potential gaps between U.S. rhetorical support and actual commitment of resources. On the former, the Minister suggested that perhaps the time was ripe for the convening of an OSCE summit meeting of Heads of State or Government from the participating States. The last OSCE summit was held in Istanbul, Turkey, in 1999. Skeptics might question the prudence of organizing a summit now, given the acrimony over fundamental aspects of the OSCE standing in stark contrast to the 1990 Paris Summit which opened a new chapter in the Helsinki process firmly rooted in a commitment to pluralistic democracy and free and fair elections. On the question of U.S. funding of OSCE, Moratinos voiced concern over “some rumors” regarding possible cuts in support and enlisted the support of members of the Helsinki Commission in addressing the matter. “I know that the Helsinki Commission plays a unique role as a forum for debate on the burning issues of the day facing the OSCE and the region. In so doing, this Commission pays unique tribute to the longstanding and continued engagement by the United States with the OSCE and the values that underpin it,” said Moratinos.

  • Kazakhstan’s Bid to Chair The OSCE: A Fundamental Right or a Foolhardy Ambition?

    At this hearing, commissioners and witnesses examined the implications of the prospect of Kazakhstan at the helm of the OSCE, specifically as far as democracy, human rights, and the rule of law are concerned. This role would affect Kazakhstan and the OSCE, and it would also have implications for Central Asia and Russia as well. However, to be a serious contender for chair of the OSCE, Kazakhstan would have to demonstrate meaningful progress concerning human rights.

  • Human Rights Defenders in Russia

    Commission Chairman Hon. Alcee L. Hastings hosted a briefing that focused on the efforts by Russian NGOs, human rights activists and legal experts to halt the retreat in the area of human rights and civil liberties that has taken place in Russia under the current government. Participants at the briefing included Ms. Karinna Moskalenko, a prominent Russian human rights attorney and head of the Russian Affiliate, Center of Assistance to International Protection; Mr. Neil Hicks, Director, Human Rights Defenders Program, Human Rights First; and Ms. Maureen Greenwood-Basken, Advocacy Director for Europe and Central Asia, Amnesty International USA. They spoke of their personal experiences dealing with this issue and acknowledge that although it is difficult, activists must keep pushing back to retain their political freedoms. 

  • Belarus Democracy Reauthorization Act of 2006

    Mr. Speaker, I strongly urge passage of H.R. 5948, the Belarus Democracy Reauthorization Act of 2006, to provide sustained support for the promotion of democracy, human rights and the rule of law in the Republic of Belarus, as well as encourage the consolidation and strengthening of Belarus' sovereignty and independence. Mr. Speaker, I especially thank you for your commitment to bring this legislation before this Congress. Your deep personal interest in the cause of freedom in Belarus, as demonstrated by your recent meetings in Vilnius with the leaders of the democratic opposition, has been particularly appreciated by those struggling for the rule of law and basic human freedoms. This legislation enjoys bipartisan support, and I want to recognize and thank the tremendous collaboration of Rep. Tom Lantos, an original cosponsor of this bill.  As one who has followed developments in Belarus over many years through my work on the Helsinki Commission, I remain deeply concerned that the Belarusian people continue to be subjected to the arbitrary and self-serving whims of a corrupt and anti-democratic regime headed by Aleksandr Lukashenka. Since the blatantly fraudulent March 19 presidential elections, which the OSCE condemned as having failed to meet international democratic standards, the pattern of repression and gross violations of human rights and fundamental freedoms. While those who would dare oppose the regime are especially targeted, the reality is that all in Belarus outside Lukashenka’s inner circle pay a price. Recent news regarding Lukashenka’s regime Last week in Riga, President Bush pledged to help the people of Belarus in the face of the "cruel regime" led by President Lukashenka. "The existence of such oppression in our midst offends the conscience of Europe and the conscience of America," Bush said, adding that "we have a message for the people of Belarus: the vision of a Europe whole, free and at peace includes you, and we stand with you in your struggle for freedom." Mr. Speaker, this legislation would be a concrete expression of Congress’ commitment to the Belarusian people and would show that we stand as one in supporting freedom for Belarus. Just within the last few months, we have witnessed a series of patently political trials designed to further stifle peaceful, democratic opposition. In October, 60-year-old human rights activist Katerina Sadouskaya was sentenced to two years in a penal colony. Her “crime”? “Insulting the honor and dignity of the Belarusian leader.” Mr. Speaker, if this isn’t reminiscent of the Soviet Union, I don’t know what is. And just a few weeks ago, in a closed trial, Belarusian youth activist Zmitser Dashkevich received a one-and-a-half year sentence for “activities on behalf of an unregistered organization.”  A report mandated by the Belarus Democracy Act and finally issued this past March reveals Lukashenka’s links with rogue regimes such as Iran, Sudan and Syria, and his cronies’ corrupt activities. According to an October 9, 2006, International Herald Tribune op-ed: “Alarmingly, over the last six years, Belarus has intensified its illegal arms shipment activities to the point of becoming the leading supplier of lethal military equipment to Islamic state sponsors of terrorism.” I guess we shouldn’t be all that surprised that in July, Lukashenka warmly welcomed to Minsk Venezuela’s Hugo Chavez. In keeping with their bent, both pledged cooperation and denounced the West. More recently, Belarusian Foreign Minister Martynov traveled to Iran where President Ahmadinejad pledged further cooperation in the energy and defense industries. Not long ago, a member of Belarus’ bogus parliament asserted on state-controlled radio that Belarus has the right to develop its own nuclear weapons. Mr. Speaker and Colleagues, Belarus is truly an anomaly in Europe, swimming against the rising tide of greater freedom, democracy and economic prosperity.  The Legislation  Three years ago, I introduced the Belarus Democracy Act which passed the House and Senate with overwhelming bipartisan support and was signed into law by President Bush in October 2004. At that time, the situation in Belarus with respect to democracy and human rights was already abysmal. The need for a sustained U.S. commitment to foster democracy and respect for human rights and to sanction Aleksandr Lukashenka and his cronies is clear from the intensified anti-democratic policies pursued by the current leadership in Minsk. Mr. Speaker, I am pleased that countries throughout Europe have joined in a truly trans-Atlantic effort to bring the promise of freedom to the beleaguered people of Belarus. Prompt passage of the Belarus Democracy Reauthorization Act of 2006 will help maintain this momentum aimed at upholding the democratic aspirations of the Belarusian people. With the continuing decline on the ground in Belarus since the fraudulent March elections, this bill is needed now more than ever.  This reauthorization bill demonstrates the sustained U.S. support for Belarus’ independence. We seek to encourage those struggling for democracy and respect for human rights in the face of the formidable pressures and personal risks from the anti-democratic regime. The bill authorizes such sums as may be necessary in assistance for each of fiscal years 2007 and 2008 for democracy-building activities such as support for non-governmental organizations, including youth groups, independent trade unions and entrepreneurs, human rights defenders, independent media, democratic political parties, and international exchanges.  The bill further authorizes monies for both radio and television broadcasting to the people of Belarus. While I am encouraged by the recent U.S. and EU initiatives with respect to radio broadcasting, much more needs to be done to penetrate Lukashenka’s stifling information blockade. Mr. Speaker, I hope that the Administration will make this a priority.  In addition, H.R. 5948 calls for selective sanctions against the Lukashenka regime, and the denial of entry into the United States for senior officials of the regime – as well as those engaged in human rights and electoral abuses. In this context, I welcome the punitive sanctions imposed by both the Administration and the EU which are targeted against officials – including judges and prosecutors – involved in electoral fraud and other human rights abuses.  The bill expresses the sense of the Congress that strategic exports to the Government of Belarus should be prohibited, except for those intended for democracy building or humanitarian purposes, as well as U.S. Government financing and other foreign assistance. Of course, we would not want the exports to affect humanitarian goods and agricultural or medical products. The U.S. Executive Directors of the international financial institutions are encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance that serve humanitarian needs. Furthermore, we would encourage the blocking of the assets (in the United States) of members of the Belarus Government as well as the senior leadership and their surrogates. To this end, I welcome the Treasury Department’s April 10 advisory to U.S. financial institutions to guard against potential money laundering by Lukashenka and his cronies and strongly applaud President Bush’s June 19 “Executive Order Blocking Property of Certain Persons Undermining Democratic Processes or Institutions in Belarus.”  Mr. Speaker, I want to make it crystal clear that these sanctions are aimed not at the people of Belarus, but at a regime that displays contempt for the dignity and rights of its citizens even as the corrupt leadership moves to further enrich itself at the expense of all Belarusians.  Ongoing Anti-Democratic Behavior To chronicle the full litany of repression over the course of Lukashenka’s 12-year misrule would go well beyond the bounds of time available here. Let me cite several more recent illustrations of anti-democratic behavior which testify to the true nature of the regime.  Belarus’ March 19 presidential elections can only be described as a farce, and were met with condemnation by the United States, the OSCE, the European Union and others. The Lukashenka regime’s wholesale arrests of more than one thousand opposition activists and dozens of Belarusian and foreign journalists, before and after the elections, and violent suppression of peaceful post-election protests underscore the contempt of the Belarusian authorities toward their countrymen.  Illegitimate parliamentary elections in 2004 and the recently held presidential “elections” in Belarus brazenly flaunted democratic standards. As a result of these elections, Belarus has the distinction of lacking legitimate presidential and parliamentary leadership, which contributes to that country's self-imposed isolation. Albeit safely ensconced in power, Lukashenka has not let up on the democratic opposition. Almost daily repressions constitute a profound abuse of power by a regime that has blatantly manipulated the system to remain in power.  In the last few months, the regime continues to show its true colors, punishing those who would dare to challenge the tin-pot dictator. Former presidential candidate Aleksandr Kozulin was sentenced to a politically-motivated five-and-one-half-years’ term of imprisonment for alleged “hooliganism” and disturbing the peace. His health is precarious as he is now well into his second month of a hunger strike.  In early August, authorities sentenced four activists of the non-partisan domestic election monitoring initiative “Partnerstva”. In a patent attempt to discourage domestic observation of the fraudulent March 19 presidential elections, the four had been kept in custody since February 21. Two were released, having served their six month sentences. Two others, Tsimafei Dranchuk and Mikalay Astreyka, received stiffer sentences, although Astreyka has been released from a medium security colony and is now in “correctional labor”. Other political prisoners, including Artur Finkevich, Mikalay Autukhovich, Andrey Klimau, Ivan Kruk, Yury Lyavonau, Mikalay Razumau, Pavel Sevyarynets, Mikalay Statkevich also continue to have their freedom denied, languishing in prison or in so-called correctional labor camps.  Administrative detentions of ten or fifteen days against democratic opposition activists are almost a daily occurrence. Moreover, the Lukashenka regime continued to stifle religious expression. It refuses to register churches, temporarily detains pastors, threatens to expel foreign clergy, and refuses religious groups the use of premises to hold services. Despite the repressions, Protestant and Catholic congregations have increasingly become more active in their pursuit of religious freedom. I am also concerned about the recent explosion at a Holocaust memorial in western Belarus, the sixth act of vandalism against the monument in 14 years. Unfortunately, the local authorities have reportedly refused to open a criminal investigation. Lukashenka’s minions have closed down independent think tanks, further tightened the noose around what remains of the independent media, suspended the activities of a political party, shut down the prominent literary journal Arche, and evicted the Union of Belarusian Writers from its headquarters. Of course, Lukashenka’s pattern of contempt for human rights is nothing new – it has merely intensified with the passage of time.  Moreover, we have seen no progress on the investigation of the disappearances of political opponents – perhaps not surprisingly, as credible evidence points at the involvement of the Lukashenka regime in their murders.  Mr. Speaker, it is my hope that the Belarus Democracy Reauthorization Act of 2006 will help end to the pattern of violations of OSCE human rights and democracy commitments by the Lukashenka regime and loosen its unhealthy monopoly on political and economic power. I hope our efforts here today will facilitate independent Belarus’ integration into democratic Europe in which the principles of democracy, human rights and the rule of law are respected. The beleaguered Belarusian people have suffered so much over the course of the last century and deserve better than to live under a regime frighteningly reminiscent of the Soviet Union. The struggle of the people of Belarus for dignity and freedom deserves our unyielding and consistent support.  This legislation is important and timely because Belarus, which now borders on NATO and the EU, continues to have the worst human rights and democracy record of any European state – bar none.

  • Freedom of the Media Revisited at Vienna Meeting; Ethics Codes Discussed

    By Chadwick R. Gore, Staff Advisor The Supplementary Human Dimension Meeting on Freedom of the Media: Protection of Journalists and Access to Information was held July 13 and 14 in Vienna, Austria. The meeting was sponsored by OSCE Representative on Freedom of the Media Miklós Haraszti and supported by the Director of the OSCE Office for Democratic Institutions and Human Rights, Ambassador Christian Strohal. An estimated 82 delegates from participating States and 102 representatives of civil society participated. The attendees discussed concerns about government restrictions on access to government information, codes of conduct for media professionals, and threats to the safety of journalists. Haraszti and Strohal initially focused on current government-imposed restrictions on access to government information and the effect of such limits on the public. Specific concern was voiced about recent increases in the use of old laws to impose punitive damages on journalists who publish leaked information.  It is worth noting that for years government officials from participating States with such “dormant” speech laws have argued that concerns about provisions remaining on the books were unnecessary since these laws were never used. Now many of these laws are being applied, resulting in numerous cases of administrative harassment of the media in numerous participating States in violation of OSCE commitments. Citing violations of commitments guaranteeing the freedoms of access to information, assembly and association, as well as onerous NGO registration requirements that impair democracy and security, Haraszti cited Belarusian customs officials taking one month to clear a carload of OSCE publications for entry into Belarus. In her keynote, Agnes Callamard, Executive Director of Article XIX, contrasted the two main justifications for restricting access to information usually given by States: national security concerns and blocking hate speech. She argued “restriction of freedom of expression or access to information in the name of national security is an extremely short-sighted view—in fact, denial of information is far more likely to result in social tensions and conflicts.”  In short, she dismissed legitimate national security needs, going so far as to advocate that anyone who disclosed classified information should benefit from a public interest defense even if disclosure of the information would cause harm. Callamard then went on to discuss hate speech, reflecting on the environment surrounding the Danish cartoon controversy. She argued that these concerns reflected “insecurity” across and between societies, describing the background to the cartoon events as one of global insecurity: terrorism and the war on terror, the war in Iraq, the Israel-Palestine conflict, and images of Western soldiers on Iraqi soil, Israeli tanks in Palestinian cities, escalation of intolerance and discrimination, etc. Some attendees were amazed at her failure to recognize the attacks of 9/11, terrorist beheadings on TV, the bombings in Madrid, London and Bali, the kidnapping of Israeli soldiers, and more.  Her presentation was a thinly-veiled anti-United States, anti-Israel commentary. Turning to hate speech more broadly, Callamard argued that hate speech regulations constitute a legitimate and potentially necessary restriction to freedom of expression. Yet, she said, the appropriate answer to hate speech is not more speech, but also policies and action which “tackles the causes of inequality in all its forms.”  She recommended that an effective government response to such expression that “vilifies” others requires a sustained commitment on the part of governments to promote equality of opportunity, to protect and promote linguistic, ethnic, cultural and religious rights, and to implement public education programs about tolerance and pluralism. Many were struck by her conclusion that proscribing speech for national security concerns is not justifiable, while regulation of so-called hate speech is both justifiable and necessary for massive social engineering. While discussing access to government information, the discussion turned to the right of the media to protect news sources. Speakers noted that, while nearly all participating States have such laws, they vary as to the type and extent of protection accorded to journalists. While most agreed that laws providing for strong protection of sources are necessary to ensure freedom of information, many thought journalists should not be allowed to publish whatever they want; they remain liable, legally and ethically, for what they write.  Regarding access to information, the application of laws restricting access to information has proven to be very controversial. Predictably most States praised their own systems. Notably, Russia reflected a very positive review of the situation of the media and journalists in Russia, and offered Russia's “civilized development of the market” as a model for others. This was rather odd given the decline of independent media and the expansion of government control in the Russian Federation. A highlight of the meeting was a session dedicated to the “cartoon crisis.”  Jehad Momani, former Editor-in-Chief of the Jordanian newspaper Shihan, argued the cartoons were “used in several ways in different countries to gain political points” without regard for the possible consequences as he believed publication of the cartoons was a violation of the freedom of expression and an attack on others’ rights.  He argued that others stand up “against any offensive expression in writ[ing] or in [pictures] or in any way against any religion or faith.” For this reason, Momani sharply criticized the terrorists who tortured and killed a journalist from Al Arabia TV, saying that the murder “offended us as human beings more than any illustrations or statements.” Momani’s view was supported by Ambassador Orhun, the Chair-in-Office’s Personal Representative on Discrimination against Muslims. Orhun saw the cartoons as part of a larger problem of “overly selective, one-sided, simplistic and clichéd” reporting on Muslims in the West. He emphasized the need for increased restrictions to freedom of expression, stressing that you cannot have freedom without responsibility.  These restrictions should, however, be self-imposed by the media itself: “self-regulatory ethical systems should be established, or if they exist, should be strengthened.” This view was not shared by the U.S. Delegation and others. However, most other speakers pointed to the impossibility of legislating tolerance. Patrick Chappatte, cartoonist for the International Herald Tribune, observed that, to the contrary, there is no responsibility without freedom. He argued we must first ensure freedom of the press while encouraging responsible use of that freedom. As to voluntary professional standards, Johann Fritz, Director of the International Press Institute, noted that there have been numerous initiatives over the past 50 years by international, governmental and media organizations to regulate press ethics, all of which were unworkable in practice. This is why many media outlets have chosen to elaborate regional or sectoral professional standards.  However, he cautioned that self-regulation must be decided upon by the media itself.  In several countries around the world, media councils are veiled legal bodies limiting the freedom of the press in a way which the state cannot do or does not want to do. Ali Dilem, cartoonist for the Algerian daily Liberté, presented a lengthy animated program that showed what can be published and is controlled.  He also demonstrated a few instances where he voluntarily withheld publication of cartoons which he felt would cause either political unrest or offend the public. This was much more than a set speech and such presentations will hopefully be more frequent in the future. The application of administrative measures such as excessive licensing or registration procedures to control the press was discussed at length. Ioana Avadani, Executive Director of the Centre for Independent Journalism in Bucharest, pointed out that while most countries have adequate media legislation, implementation is lagging or is often applied in a discriminatory manner. She cited the case of Turkey, which uses a law which forbids “insulting the Turkish identity” to silence certain opinions.  Azer Hasret, Director of the Central Asian and Southern Caucasian Freedom of Expression Network, made a presentation on violations of freedom of the media, including administrative measures and physical repression, in the countries covered by his network. There was a lively exchange between a representative of the Kazakh newspaper Respublika and an official from the Kazakh Ministry of Culture and Information.  The individual from Respublika painted a bleak picture of the media situation in Kazakhstan, asserting serious and sustained administrative harassment; the official denied the accusations, claiming that the new media law does not impinge on media freedom in any way. Belgian Ambassador de Crombrugghe commented that media form an important link between civil society and government; therefore it is even more important that they act responsibly.  In the view of the Belgian Chairmanship, voluntary professional standards can promote increased professionalism, accuracy and adherence to ethical standards among journalists, without in any way endangering the freedom of expression and opinion. De Crombrugghe also highlighted the importance of media development initiatives and noted that the Belgians will begin consultations on possible OSCE initiatives in this area.   During the closing session, the United States delegation forewarned the participating States about the potential loss of liberty when rushing to regulate speech in an environment of trying not to offend others, such as the period immediately following the publication of the Danish cartoons.  It was emphasized that such lost liberties are difficult to regain.

  • President Niyazov Intensifies Repression in Turkmenistan

    Mr. Speaker, as Co-Chairman of the U.S. Helsinki Commission, I want to bring to the attention of the Congress a number of alarming arrests recently made by the Government of Turkmenistan.  Last month between June 16-18, three human rights defenders were detained by Turkmen security forces and have been held for over a month. Considering Turkmenistan’s abysmal human rights record, I greatly fear for their safety as they are certainly at risk of torture.  Amankurban Amanklychev, Ogulsapar Muradova, and Sapardurdy Khajiev are affiliated with the Turkmenistan Helsinki Foundation, a non-governmental organization that monitors human rights in Turkmenistan.  In addition, Ms. Muradova has served as a journalist for Radio Liberty, a private communications service funded by the Congress through the Broadcasting Board of Governors.  Apparently Turkmen authorities arrested these three individuals because of their connection to a documentary about President Saparmurat Niyazov’s cult of personality and their use of hidden video equipment in making this film.  The three now face the trumped-up charges of illegal weapons possession and allegations of “espionage.” Given the absence of any media or speech freedoms in Turkmenistan, the government’s allegations are simply not credible, and the detentions are unjustifiable.  Human rights organizations report that the detainees are being abused.  Most troubling are allegations of psychotropic drugs being administered to Amanklychev and Muradova in an effort to force their confession to “subversive activities.”  The reports concerning psychotropic drugs are quite believable, as Turkmenistan is known to use these drugs in psychiatric hospitals to punish individuals.  In April, 54 members of the United States Senate and House of Representatives wrote to President Niyazov, urging the unconditional release of a prisoner of conscience held in a psychiatric hospital.  While that individual was released, soon thereafter Congress learned of an almost identical case: 69-year-old Kakabay Tedzhenov.  He has been held in incommunicado detention in a psychiatric hospital since January 2006 for peacefully protesting government policies. Considering that just three months ago a significant number of Senators and Members of the House wrote President Niyazov about this barbaric practice, I am particularly disappointed that the Turkmen President continues to allow the misuse of psychiatric institutions as prisons for political dissidents and that Mr. Tedzhenov remains jailed. With Ms. Muradova’s ties to Radio Liberty and the Congress, as well as the letter from 54 Members of Congress to Niyazov regarding the use of psychiatric hospitals, the continuation of these inexcusable actions will affect the relations between Turkmenistan and the U.S. Congress. Mr. Speaker, I am urging President Niyazov to ensure the immediate and unconditional release of Amankurban Amanklychev, Ogulsapar Muradova, and Sapardurdy Khajiev, as well as Kakabay Tedzhenov.

Pages