Title

Title

Representative Christopher H. Smith
Co-Chairman

Since 2017, Representative Chris Smith (NJ-04) has co-chaired the Commission on Security and Cooperation in Europe, where he actively promotes human rights and rule of law in the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE). He is also a senior member of the U.S. House of Representatives Foreign Affairs Committee, where he chairs the Africa, Global Health, Global Human Rights and International Organization Subcommittee.

Co-Chairman Smith serves as an active member of the OSCE Parliamentary Assembly (PA), which facilitates inter-parliamentary dialogue among the participating States. Since 2004, he has been the Special Representative for Human Trafficking Issues to the President of the OSCE PA.

At the Commission, Co-Chairman Smith’s priorities have included preventing human trafficking, combating anti-Semitism, promoting religious freedom, advocating for the release of prisoners of conscience, and advocating for human rights and accountability in numerous OSCE countries, most recently focused on Northern Ireland, Belarus, Azerbaijan, and Russia.

Elected in 1980, Co-Chairman Smith is currently in his 19th term in the U.S. House of Representatives. He has been a member of the Commission since 1983, and chaired the Commission in five previous Congresses.

“The principles enshrined in the Helsinki Final Act are under attack...the United States must advocate much more vigorously for those who are victims and are voiceless.”

– Congressman Chris Smith

Priorities

Trafficking in Human Beings

Co-Chairman Smith authored the United States' landmark Trafficking Victims Protection Act of 2000 and its subsequent reauthorizations in 2003 and 2005.  Since 2004, he has served as the OSCE PA Special Representative on Human Trafficking Issues.

Anti-Semitism

Co-Chairman Smith has a long record as a leader in the fight against anti-Semitism, and played a key role in the norms adopted in the OSCE in 2004 for its participating States on fighting anti-Semitism.
 

Freedom of Religion

To strengthen U.S. government efforts to protect the right to religious freedom, Co-Chairman Smith introduced the Frank R. Wolf International Religious Freedom Act and continues to fight for people worldwide to be able to live their faith.

Helsinki Principles

Since the 1980s, Co-Chairman Smith has consistently promoted the principles of the Helsinki Final Act and its uniquely comprehensive definition of security.

 

Human Trafficking

Co-Chairman Smith first raised the issue of human trafficking at the 1999 St. Petersburg OSCE PA Annual Session in St. Petersburg, and has introduced or cosponsored a supplementary item or amendments on trafficking to committee resolutions at each annual session of the OSCE PA, including on issues such as the prevention of child-sex tourism, training of the transportation sector (particularly airlines) in victim identification and reporting, private sector responsibility for trafficking-free supply chains, special protections for vulnerable populations, and government accountability for choosing trafficking-free suppliers and contractors.

Many of the ideas in Co-Chairman Smith’s supplementary items are reflected in the 2013 Addendum to the OSCE Plan of Action to Combat Trafficking in Human Beings, and have prompted other parliamentarians to focus on addressing human trafficking in their respective capitals.

Anti-Semitism

Co-Chairman Smith co-chairs the Bipartisan Task Force for Combatting Anti-Semitism in the U.S. House of Representatives and authored the provisions of the Global Anti-Semitism Review Act of 2004 that created the Office to Monitor and Combat Anti-Semitism within the U.S. State Department. In 2015, he authored House Resolution 354, a blueprint for strengthening the safety and security of European Jewish communities, which passed the House of Representatives unanimously. 

Following his 2002 landmark hearing on combating the escalation of anti-Semitic violence in Europe, “Escalating Anti-Semitic Violence in Europe,” he led a congressional drive to place the issue of combating anti-Semitism at the top of the Organization for Security and Cooperation in Europe (OSCE) agenda, as a result of which in 2004 the OSCE adopted new norms for its participating States on fighting anti-Semitism. 

Co-Chairman Smith is a founding member of the Inter-Parliamentary Coalition for Combating Anti-Semitism (ICCA), where he also serves on the steering committee. In 2009, he delivered the keynote address at the ICCA London conference.

In the 1990s, he chaired Congress’s first hearings on anti-Semitism and in the early 1980s, his first trips abroad as a member of Congress were to the former Soviet Union, where he fought for the release of Jewish “refuseniks.”

Religious Freedom

International religious freedom has been one of Co-Chairman Smith’s top priorities since he has been in Congress. He has chaired more than 50 hearings on the issue, introduced many related bills and resolutions, and managed the International Religious Freedom Act of 1998 as Chairman of the Foreign Affairs Subcommittee that focuses on human rights.

Co-Chairman Smith has traveled around the world to meet with prisoners and others individuals and communities whose religious freedom has been violated or is at-risk, consult with civil society, honor those killed because of their faith, and press foreign governments to resolve specific cases and respect religious freedom. He has consistently worked to ensure the U.S. government prioritizes international religious freedom as a reflection of American values and an essential element of U.S. national security.

Helsinki Principles

As the longest-serving member of the Helsinki Commission, Co-Chairman Smith has played a leading role in defending the 10 principles of the Helsinki Final Act, including sovereign equality, territorial integrity, respect for universally-recognized human rights and fundamental freedoms, and equal rights and self-determination of peoples. In countries from Azerbaijan to the United Kingdom, he has championed the development of democracy, rule of law, and the promotion and defense of human rights.

Additional Information:

  • Related content
  • Related content
Filter Topics Open Close
  • Helsinki Commission Marks Fifth Anniversary of Illegal Referendum In Crimea

    WASHINGTON—Ahead of the fifth anniversary of the illegal Russian-organized referendum in Crimea, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Five years ago, the Government of Russia tried to legitimize its illegal occupation of Crimea by organizing a fake referendum in Ukrainian territory.  By orchestrating this so-called vote, the Kremlin blatantly flouted international law. By definition, citizens living under armed occupation lack the freedom to determine their collective destiny.  “This tragic anniversary also reminds us of the suffering this occupation continues to inflict on innocent Ukrainian citizens who have been forced to flee Crimea, as well as on those who remain behind. Ethnic minorities such as Crimean Tatars and activists who object to the illegal Russian occupation, including Oleg Sentsov, are targets of persecution and violence by the Government of Russia. “We will not forget; Crimea is Ukraine.”  Russian forces first invaded Crimea in February 2014. Since then, the Helsinki Commission has hosted numerous hearings and briefings on the war in Ukraine, including an April 2014 hearing with then-Assistant Secretary of State Victoria Nuland; December 2015 and November 2016 briefings on human rights violations in Russian-occupied Crimea; an April 2017 briefing on Oleg Sentsov and Russia's human rights violations against Ukrainian citizens; a May 2017 hearing on the growing Russian military threat in Europe; and briefings with Alexander Hug, then-Principal Deputy Chief Monitor of the OSCE Special Monitoring Mission to Ukraine, and Kurt Volker, U.S. Special Representative for Ukraine Negotiations.

  • Remembering Boris Nemtsov

    Madam President, on Sunday, February 24, thousands of people marched in Moscow and in cities across Russia to remember Boris Nemtsov, a Russian statesman and friend of freedom who was gunned down in sight of the Kremlin walls 4 years ago. These people were honoring a Russian patriot who stood for a better future--a man who, after leaving the pinnacle of government, chose a courageous path of service to his country and his fellow Russians. Boris Nemtsov was a man who walked the walk. When others were silent out of fear or complicity, he stood up for a future in which the Russian people need not risk jail or worse for simply wanting a say in how their country is run. Sadly, since Mr. Nemtsov's assassination, the risks of standing up for what is right have grown in Russia. With every passing month, ordinary citizens there become political prisoners for doing what we take for granted here in the United States--associating with a political cause or worshipping God according to the dictates of one's conscience. Last month alone, in a high-profile case, a mother was jailed for the crime of being a political activist in Russia. She was kept from caring for her critically ill daughter until just hours before her daughter died. Jehovah's Witnesses have been sentenced to years behind bars for practicing their faith. Also, a leader of a small anti-corruption organization was beaten to death with metal rods on the outskirts of Moscow. This was all just in February, and it is not even a comprehensive account of the Russian state's using its powers not against real enemies but against its own people--peaceful citizens doing what peaceful citizens do. As for the Nemtsov assassination, 4 years later, justice has yet to be served. It appears that President Putin and his cronies have little interest in uncovering and punishing the masterminds behind Russia's highest profile killing in recent memory. While a few perpetrators who had been linked to the Kremlin-appointed leader of Chechnya, Ramzan Kadyrov, were convicted and sent to prison, Mr. Nemtsov's family, friends, and legal team believe the organizers of his murder remain unidentified and at large. I understand that Russia's top investigative official has prevented his subordinates from indicting a close Kadyrov associate, Major Ruslan Geremeyev, as an organizer in the assassination, and the information linking Geremeyev to Mr. Nemtsov's murder was credible enough for a NATO ally to place Geremeyev on its sanctions list. Yet there has still been no indictment. Russian security services continue to forbid the release of footage from cameras at the site of the assassination. Russian legal authorities refuse to classify the assassination of a prominent opposition leader and former First Deputy Prime Minister as a political crime. Despite all of this, they have declared the case solved. Given this pattern of deliberate inaction on the part of Russian authorities, the need for some accountability outside of Russia has grown more urgent. Russia and the United States are participating States in the Organization for Security and Cooperation in Europe, or the OSCE, and have agreed that matters of justice and human rights are of enough importance to be of legitimate interest to other member states. Respect for these principles inside a country is often a predictor of the country's external behavior. So countries such as ours have a reason to be involved. At the recent meeting of the OSCE's Parliamentary Assembly, we began a formal inquiry into Mr. Nemtsov's unsolved murder and have appointed a rapporteur to review and report on the circumstances of the Nemtsov assassination as well as on the progress of the Russian investigation. As the chair of the U.S. delegation to the OSCE Parliamentary Assembly, I supported this process from its conception at an event I cohosted last July in Berlin. Yet, as the United States of America, there is more we can do. To that end, I am glad to cosponsor a resolution with my Senate colleagues that calls on our own government to report back to Congress on what we know of the circumstances around Boris Nemtsov's murder. This resolution also calls on the Treasury Department to use tools like the Magnitsky Act to sanction individuals who have been linked to this brutal murder, such as Ruslan Geremeyev. We hear constantly from Russian opposition figures and civic activists that personal sanctions, such as those imposed by the Magnitsky Act, have a deterrent effect. Vladimir Putin has made it abundantly clear that these sanctions, based on personal accountability, are more of a threat to his regime than blunter tools, such as sectoral sanctions, that often feed his propaganda and end up harming the same people we are trying to help in Russia—innocent citizens. To its credit, the Trump administration has done a better job than had the previous administration in its implementing of the new mandates and powers Congress authorized in both the Russia and Global Magnitsky Acts. We are in a much different place than we were when these tools were originally envisaged nearly 10 years ago. The administration is mandated to update the Magnitsky Act's list annually, with there being a deadline in December that sometimes slips into January. Now it is already March, and we have yet to see any new designations under the law that the late Mr. Nemtsov himself called the most pro-Russian law ever adopted in a foreign legislature. While the law has been lauded by Russian democrats, it is rightly despised by those like Vladimir Putin who abuse and steal from the American people. Recall that it was at the Helsinki summit late last summer between the leaders of Russia and the United States of America—perhaps the grandest stage in U.S.-Russian relations in a decade—where Mr. Putin himself requested that his investigators be able to depose U.S. officials most closely associated with passing and implementing the Magnitsky law, as if they were criminals. We need to show the Russian dictator that this sort of bullying will not stand and that we will continue to implement the Magnitsky Act thoroughly and fairly. A year ago, I participated—along with many of my colleagues in the House and Senate—in the unveiling of Boris Nemtsov Plaza in front of the Russian Embassy here in Washington, DC—the first official memorial to Boris Nemtsov anywhere in the world. One day, I hope there will be memorials to Boris Nemtsov all across Russia, but the best tribute to his memory will be a Russia he wanted to see, a just and prosperous Russia, at peace with its neighbors and a partner with the United States. I yield the floor.

  • U.S. Congressional Delegation Defends Human Rights, Regional Security at OSCE PA Winter Meeting in Vienna

    Led by Helsinki Commission Co-Chairman Sen. Roger Wicker (MS), 12 members of Congress traveled to the OSCE Parliamentary Assembly (PA) Winter Meeting in Vienna in late February to demonstrate the commitment of the United States to security, human rights, and the rule of law in the 57-nation OSCE region. Sen. Wicker, who also serves as a vice-president of the OSCE PA, was joined in Austria by Sen. Bob Casey (PA), Sen. Martin Heinrich (NM), Sen. Tom Udall (NM), Sen. Mike Lee (UT), Sen. Chris Van Hollen (MD), Rep. Roger Aderholt (AL-04), Rep. Lloyd Doggett (TX-35), Rep. Richard Hudson (NC-08), Rep. Sheila Jackson Lee (TX-18), Rep. Gwen Moore (WI-04), and Rep. Lee Zeldin (NY-01). The bipartisan, bicameral delegation was one of the largest U.S. delegations to a Winter Meeting in OSCE PA history. During the meeting of the Committee on Political Affairs and Security, Sen. Wicker criticized the Russian Federation for its interference in U.S. elections, as well as in elections held by other OSCE countries. “It is indisputable that the Russian Government seeks to attack and even undermine the integrity of our elections and of our democratic processes,” he said. “We must all be more aware of—and proactive in countering—Russia’s efforts to undermine the democratic process throughout the OSCE region.” In the same session, Rep. Hudson lamented Russian non-compliance with the Intermediate-Range Nuclear Forces (INF) Treaty, underlining that “an INF Treaty with which all parties comply contributes to global stability; an arms control treaty that one side violates is no longer effective at keeping the world safer.”  Rep. Hudson further stressed that “in light of our six-months’ notice of withdrawal, the Russian Government has one last chance to save the INF Treaty by returning to full and verifiable compliance. We hope and pray Russia will take that step.” In the meeting of the Committee on Economic Affairs, Science, Technology, and Environment, Rep. Hudson also noted the danger that the Nord Stream II pipeline poses to Europe. “Simply put, we cannot allow Russia to dramatically increase its stranglehold on European energy,” he said. “We must look for alternatives and make sure our democratic institutions cannot be held hostage over energy supply as Nord Stream II would promote.” Later in the same session, Rep. Moore advocated for the adoption of beneficial ownership transparency to combat globalized corruption. “Anonymous shell companies are the means through which much modern money laundering occurs,” she said. “We in Congress are working hard to plug the loopholes in the U.S. financial system that have enabled anonymous shell companies to proliferate.” In a debate on restrictions on human rights during states of emergency during the meeting of the Committee on Democracy, Human Rights and Humanitarian Questions, Rep. Jackson Lee argued, “A state of emergency is not a free pass to dismantle a free press,” nor to threaten academic freedom or freedom of religion. She called on Turkey to release local U.S. Consulate employees Metin Topuz and Mete Canturk, as well as American physicist Serkan Golge. At the closing session, participants reviewed reports submitted by Sen. Ben Cardin (MD), OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance, and Rep. Chris Smith (NJ-04), OSCE PA Special Representative on Human Trafficking Issues. Rep. Moore encouraged other delegations to share with Sen. Cardin their efforts to implement their commitments to address violence and discrimination, while Rep. Zeldin called for legislative action and enforcement to make “every community in the OSCE region trafficking-free.” While in Vienna, Rep. Jackson Lee also attended a meeting of the OSCE PA Ad Hoc Committee on Migration, of which she is a member, while Rep. Hudson took part in a meeting of the Ad Hoc Committee on Countering Terrorism, where he serves as a vice chair. Prior to attending the Winter Meeting, most members of the delegation also attended the Munich Security Conference, the world’s leading forum for debating international security policy. On the margins of the conference, the group met with leaders including Serbian President Aleksandar Vucic, INTERPOL Secretary General Jurgen Stock, and Turkish Defense Minister Hulusi Akar. The delegation was briefed by NATO Supreme Allied Commander Europe Gen. Curtis Scapparotti and Commander, U.S. Army Europe Lt. Gen. Christopher Cavoli. Members also visited Cyprus, where they met with Cypriot President Nicos Anastasiades to discuss opportunities to advance U.S.-Cyprus relations, resume reunification negotiations on the island, and counter the threat of money laundering to Cyprus’ banking sector. Major General Cheryl Pearce of Australia, Force Commander of the United Nations Peacekeeping Force in Cyprus, briefed the delegation on UNFICYP’s mission and the status of conflict resolution efforts. Following her briefing, the delegation toured the UN Buffer Zone to examine the work of the UN’s peacekeeping force and the physical separation that afflicts the island.

  • Wicker, Cardin Condemn Detention of Russian Activist Nastya Shevchenko

    WASHINGTON—Sen. Roger Wicker (MS) and Sen. Ben Cardin (MD) today issued the following statements on the detention of Anastasia (Nastya) Shevchenko, a human rights activist with the Open Russia organization, who was placed under house arrest on January 23: “No one should face jail time for peaceful advocacy,” said Sen. Wicker. “The callous and cruel treatment of Nastya Shevchenko by Russian authorities is a disturbing tactic to silence a citizen-activist.” “The Russian authorities must release Nastya Shevchenko,” said Sen. Cardin. “It should not be a crime to advocate for the best interests of one’s country and fellow citizens.” Shevchenko is the first Russian to face criminal charges under Russia’s 2015 “undesirable organizations” law, which is intended to prevent NGOs based outside of Russia from operating within the country. A single mother, she was prevented from visiting her critically-ill special needs daughter until shortly before her daughter’s death at the end of January. Open Russia is a Russian-led, Russia-based organization that advocates for greater government transparency and accountability. Amnesty International has declared Shevchenko a prisoner of conscience.

  • Whitehouse, Wicker, Jackson Lee, Burgess Introduce Rodchenkov Act

    WASHINGTON—One week after the World Anti-Doping Agency (WADA) failed to suspend the Russian Anti-Doping Agency (RUSADA) for missing a crucial December 31, 2018, deadline, Senators Sheldon Whitehouse (RI) and Roger Wicker (MS) and Representatives Sheila Jackson Lee (TX-18) and Michael Burgess (TX-26) today introduced in the Senate and the House the Rodchenkov Anti-Doping Act. The legislation, originally introduced in the 115th Congress, would criminalize international doping fraud conspiracies. “We know from experience that we must meet the bad behavior of Russia’s corrupt government with strength. Anything less they take as encouragement,” said Senator Whitehouse. “That’s why the responses of WADA and the International Olympic Committee to the Russian doping scandal fall woefully short. Now is the time to create stiff penalties for Russia’s cheating and send a signal that Russia and other sponsors of state-directed fraud can’t use corruption as a tool of foreign policy.” “Without Dr. Rodchenkov’s courage, we would still be in the dark about the extent of Russia’s doping fraud. He is now in hiding, fearing that Russian thugs may one day come for him as they did Sergei Skripal in London. Whistleblowers should not be forced to live this way. Dr. Rodchenkov and those other brave individuals who reveal the crimes of authoritarian regimes deserve better,” said Senator Wicker. “Russia’s full-throated defiance of international norms and standards undermines the rule of law and demands the strongest of responses. The Putin regime uses strategic corruption to destabilize peaceful civil society, democratic institutions, and the alliances that have been the foundation of transatlantic peace and prosperity for the past 70-plus years. This long overdue bill would define doping for what it is: fraud.  Never again should Russia or any other authoritarian state believe that there will be no legal consequences for committing doping fraud conspiracies,” said Representative Jackson Lee. “WADA’s most recent decision to give Russia a free pass clearly conveys that leaders of international sport governance refuse to uphold the integrity of sport. The current framework has proven ineffective and fundamentally unfit to defend clean athletes and prevent doping fraud. Russia’s state-sponsored doping scandal not only caused damages to clean international athletes, but also resulted in harm to its own athletes.  It is time to restore a level playing field by ensuring that the rights of U.S. and all clean athletes are respected. RADA will keep fraud away from competitions that touch the U.S. market and interests, and protect our athletes,” said Representative Burgess. The Rodchenkov Anti-Doping Act will: Establish criminal penalties for participating in a scheme in commerce to influence a major international sport competition through prohibited substances or methods.  This section applies to all major international sport competitions in which U.S. athletes participate, and where organizing entities receive sponsorship from companies doing business in the United States or are compensated for the right to broadcast their competition there, so that international fraud against Americans will not go unpunished. Penalties will include fines of up to $1,000,000, or imprisonment of up to ten years, depending on the offense. Provide restitution to victims of such conspiracies.  Athletes and other persons who are victims of major international doping fraud conspiracies shall be entitled to mandatory restitution for losses inflicted upon them by fraudsters and conspirators. Protect whistleblowers from retaliation.  By criminalizing participation in a major international doping fraud conspiracy, whistleblowers will be included under existing witness and informant protection laws. Establish coordination and sharing of information with the United States Anti-Doping Agency.  Federal agencies involved in the fight against doping shall coordinate and share information with USADA, whose mission is to preserve the integrity of competition, inspire true sport, and protect the rights of athletes, to enhance their collective efforts to curb doping fraud. Senators Ben Cardin (MD) and Marco Rubio (FL) are original cosponsors of the bill in the Senate.  Original cosponsors in the House include Representatives Steve Cohen (TN-09), Richard Hudson (NC-08), Diana DeGette (CO-01), Peter King (NY-03), Alcee Hastings (FL-20), Billy Long (MO-07), Hank Johnson (GA-04), Chris Smith (NJ-04), Gwen Moore (WI-04), Bobby Rush (IL-01), and Paul Tonko (NY-20). In 2016, Dr. Rodchenkov exposed the Russian state-sponsored doping scandal that took place during the 2014 Sochi Olympics.  By deceiving international anti-doping authorities and swapping athletes’ samples, Russian officials cheated U.S. athletes out of Olympic glory and U.S. corporations out of honest sponsorships.  These corrupt officials used bribes and illicit payments, sometimes through U.S. financial institutions, to commit this fraud.  Unfortunately, the masterminds behind the Russian sports doping operation escaped punishment for their actions because there was no U.S. legal mechanism to bring them to justice. In February 2018, the Helsinki Commission held a briefing featuring Dr. Rodchenkov’s attorney, Jim Walden, on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions.  In March, Commissioners Senators Cardin and Cory Gardner (R-CO) and Representative Jackson Lee met with Dr. Rodchenkov to discuss the threat posed by Russia to the United States, corruption in international sports bodies, and how the United States can contribute to the international effort to counter doping fraud. In July, the Helsinki Commission held a hearing that explored the interplay between doping fraud and globalized corruption and U.S. policy responses, including the Rodchenkov Anti-Doping Act. In October 2018, the U.S. Department of Justice indicted seven individuals for involvement in a Russian-operated military intelligence program in which GRU officers are alleged to have conducted sophisticated hacking of U.S. and international anti-doping agencies who investigated and publicly condemned Russia’s state-sponsored doping program.  The hacking victims also included 230 athletes from approximately 30 countries.  The operation was part of a disinformation campaign in which victims’ personal email communications and individual medical and drug testing information, sometimes modified from its original form, was used to actively promote media coverage to further a narrative favorable to the Russian government.

  • Helsinki Commission Leaders Regret Closure of Central European University in Budapest

    WASHINGTON—Ahead of the impending December 1 closure of Central European University in Hungary, Helsinki Commission Chairman Sen. Roger Wicker (MS) and Ranking Senate Commissioner Sen. Ben Cardin (MD) issued the following statement: “We regret that Central European University (CEU) in Budapest will cease its operations in Hungary because of restrictions imposed by the Government of Hungary. Since its founding after the fall of communism, CEU has symbolized the renewal of academic freedom, Hungary's robust intellectual traditions, and the ties between Hungary and the rest of the world. With CEU’s closure, the Government of Hungary is shuttering a highly successful economic enterprise and an institution of higher learning that has earned respect around the world. “We commend Ambassador Cornstein for his efforts to foster a successful outcome. Although CEU met every condition demanded of it, the Hungarian Government was resolved not to take ‘yes’ for an answer.  At a time when this administration has worked to forge closer ties with Hungary, the Government of Hungary is taking an isolationist step, and Hungarians will lose this U.S.-accredited institution.” In 2017, the Hungarian legislature adopted a higher education law known as “Lex CEU,” which established criteria for universities operating in Hungary that award foreign-accredited degrees. In practice, the law affected only CEU. At the 2017 OSCE Parliamentary Assembly (PA) in Minsk, Belarus, parliamentarians from OSCE participating States expressed concern about the legislation, which “risk[s] undermining academic freedom, inhibiting research and development, and impeding scientific advancement.”

  • The Cold War Is Over, But The OSCE's Value Is Timeless

    History has shown that robust engagement in multilateral arenas represents long-term realism: to lead, we must be involved; to protect our national interests and the principles we hold dear, we must remain engaged; and to inspire those who suffer every day under authoritarian regimes, we must hold our own country to the highest standards on the world stage. Unfortunately, efforts to maintain America’s preeminence in the world have come under increasing pressure in recent years. These challenges are not isolated and are waged on many fronts – economically, militarily, and diplomatically. Some may use these challenges as an excuse to retreat, claiming that engagement in international organizations like the Organization for Security and Cooperation in Europe (OSCE) adds no value. We believe that quite the opposite is true. If we want to continue to lead, protect, and inspire, we need the OSCE’s opportunities for multilateral engagement more than ever. Amid the alphabet soup of institutional acronyms, many Americans probably have not heard of the OSCE, let alone know that it is the largest regional security organization in the world. Comprising 57 countries, it links Vancouver in the West to Vladivostok in the East, spanning North America, Europe, and Central Asia. We are members of the organization’s Parliamentary Assembly, where we have represented our country and our principles in a forum of international lawmakers for a combined 34 years. We have engaged the OSCE, as a whole, even longer. We know firsthand the value of U.S. leadership and sustained high-level engagement in the organization – and conversely, we know the enormous risks that would come with retreat. A Broader Definition of Security The essential, enduring value of the OSCE can be traced back to its founding and the ideological transformation that it quietly unleashed. In the 1950s, the Soviet Union first conceived the idea of the Helsinki Final Act. The founding charter of the Conference on Security and Cooperation in Europe, or CSCE, later institutionalized as today’s OSCE, would eventually be signed in 1975. Moscow saw the document as a way to validate post-World War II border changes and tighten its stranglehold on Eastern Europe. The Kremlin, no doubt, also hoped to create an alternative to NATO and weaken U.S. ties to Europe. As troops massed along the Iron Curtain after the Soviet-led invasion of Czechoslovakia in 1968, Europe began to see some value in greater East-West engagement. The United States saw the Soviet proposal as a damage-mitigation exercise at best. Secretary of State Henry Kissinger famously decried the Helsinki Final Act, saying, “They can write it in Swahili for all I care… The Conference can never end up with a meaningful document.” Opposition to the Helsinki Final Act was not limited to Foggy Bottom. The Wall Street Journal published the editorial “Jerry, Don’t Go” just prior to President Ford’s departure to sign the document in Finland, reflecting widespread opposition from U.S. foreign policy hawks and Americans across the country who descended from the “captive nations” of Eastern Europe. What most observers at the time overlooked, however, was the Helsinki Final Act’s uniquely comprehensive definition of “security.” The Act contains 10 principles guiding inter-state relations, including respect for human rights and fundamental freedoms; respect for sovereign equality; recognition of the territorial integrity of states; and the commitment of states to fulfill in good faith their obligations under international law. The integration of human rights into a concept of security was revolutionary. The Act also provided that any country signatory could publicly challenge any other country that wasn’t living up to Helsinki principles, either internally or externally. This was remarkable for its time. These two innovations made the Act a rallying point for human rights advocates everywhere, especially dissident movements in the one-party communist states of the Soviet bloc. Groups like Charter 77 in Czechoslovakia, Solidarity in Poland, and other monitoring groups in the Soviet Union and Baltic States that were crucial to the eventual collapse of communism in Europe relied on Helsinki commitments in their advocacy. With U.S. leadership, meetings of the CSCE also became venues for frank exchanges, where countries committing human rights abuses were named and victims identified. The strongest weapons in the U.S. arsenal – democratic ideals, market principles, and the primacy of individual rights – rallied European friends and allies, attracted Soviet satellites, and left Moscow isolated, if not fully convinced. Today's Inflection Point We were both serving in the House of Representatives shortly after the Soviet Union collapsed in the early 1990s. We were aware that the transitions ahead would be difficult, particularly as horrific ethnic cleansing spread in the Balkans and a brutal war was waged in Chechnya. Although we were on opposite sides of the aisle, we were joined in our conviction that liberal democracy would ultimately prevail throughout Europe and into Central Asia. Unfortunately, our confidence was dramatically misplaced. Thirty years later, instead of the peace and prosperity we expected in the OSCE region, we are at an inflection point, faced with uncertainty and the increasing erosion of the security framework that followed the Cold War. In recent elections, we’ve watched nationalist parties gain a strong foothold in Europe. NATO ally Turkey – one of the world’s most oppressive regimes toward journalists – is succumbing to authoritarian rule, weakening checks on executive power and targeting more than 100,000 perceived opponents of the ruling party in sweeping purges. Vladimir Putin continues to violate the sovereignty and territorial integrity of not just Ukraine – where, in areas controlled by Russia, pro-Ukrainian sentiment is met with imprisonment, torture, or death – but also Georgia, where Russia has occupied 20 percent of the country’s territory for more than a decade. The Russian government supports separatists in the Transnistrian region of Moldova, interferes in elections in the United States and Europe, and undermines faith in democratic governments worldwide through cyberattacks and information warfare. An era of increasing nationalism, Kremlin revisionism, and rising authoritarianism may not, at first, seem to be the best moment to revitalize multilateral diplomacy. But it has been, and will continue to be, in our national interest to promote democracy, the rule of law, and human rights around the world – just as we did more than 40 years ago in the Finnish capital. Those Helsinki commitments, and their institutionalization over time, empower us to stand up for our values and for comprehensive security at a time in which we absolutely must. In April 2017, we – along with every other senator currently serving on the Helsinki Commission – introduced a resolution urging President Trump to recognize the importance of the Helsinki Final Act and the OSCE as well as their relevance to American national security. We hope the administration will endorse this effort. A Record of Results The value of the OSCE and the effectiveness of American involvement are evident in the organization’s more recent evolution and achievements. This is no Cold War relic. We have seen examples of multilateral success in many initiatives, beginning with its quick embrace of newly independent states, from the Balkans to Eastern Europe and Central Asia. As multiethnic states broke apart, the OSCE created a high commissioner on national minorities in 1992 to address ethnic tensions and proactively prevent conflict between or within states over national minority issues. Participating states developed mechanisms to respond to the most recalcitrant actors, such as the unprecedented suspension of Yugoslavia the same year for the “clear, gross, and uncorrected” violations of Helsinki principles by the regime of Slobodan Milosevic against Bosnia and Herzegovina. Under OSCE auspices, internal political confrontations in Serbia in 1996 and Albania in 1997 were resolved through high-level engagement before they became a broader threat to peace and prosperity in Europe. The United States led the way, generating the political will to act quickly and with resolve. Robust field missions also were created in the 1990s to respond to conflicts, first in the Balkans and then extending into Eastern Europe, the Caucasus, and Central Asia. In some places, such as Kosovo, the OSCE often was the only acceptable international monitor or facilitator on the ground, serving as the eyes and ears of the international community, bringing opposing sides together, and mitigating spillover effects in neighboring countries. Today, the OSCE’s civilian Special Monitoring Mission (SMM) to Ukraine is the only independent observer group in the war zone. Established in 2014 to monitor implementation of the Minsk Agreements, its approximately 700 monitors provide clear and unbiased reporting of ceasefire violations and human costs of the conflict. Approximately half of the U.S. contribution to the OSCE goes toward funding the SMM. The mission faces challenges, including attempts to sabotage its work and concerns about security. The latter was tragically demonstrated by the death of Joseph Stone, a U.S. paramedic killed last year when his vehicle struck a landmine in separatist-controlled territory. Without the SMM’s reporting, however, we would lack critical information to understand and address ongoing Russian aggression against Ukraine. Kremlin propaganda would have a clear field to disguise the true nature and scale of the conflict. The OSCE also sets the gold standard for election observation across the region. The organization’s trained observers partner with international lawmakers, including ourselves, to analyze election-related laws and systems and the effectiveness of their implementation. The evaluations that these missions produce are critical benchmarks for OSCE countries and support U.S. efforts to promote human rights, democracy, and the rule of law around the world. Pressure from the organization and its participating states has been a major factor in the release of political prisoners in countries like Azerbaijan. For example, the OSCE Office for Democratic Institutions and Human Rights, the OSCE Representative on Freedom of the Media, and the OSCE Parliamentary Assembly publicly condemned Baku for its targeting of investigative journalist Khadija Ismayilova and the broader use of its judicial system to repress political opponents, journalists, and minorities. The Helsinki Commission also weighed in. In May 2016, Ismayilova was released from prison. Our actions in this and similar cases demonstrate global leadership. We welcome the recent nomination of a new U.S. permanent representative to the OSCE. This important post has remained vacant for far too long. We urge our Senate colleagues to swiftly consider the nominee, who will be responsible for leading America’s vigorous defense of democracy and human rights in the region. Let us also not overlook the fact that our work in the OSCE in relation to Russia is not simply to counter Moscow’s anti-democratic ambitions. Follow-up meetings to the original Conference on Security and Cooperation in Europe became one of a shrinking number of places where East-West dialogue could take place during the Cold War. Likewise, after Russia was suspended from the G8 in March 2014, today’s OSCE provides one of the few remaining opportunities to engage with Russia and hold the Kremlin accountable to principles it has endorsed. Russian Foreign Minister Sergei Lavrov attends OSCE ministerial meetings, where he easily – and with great success – engages with senior officials from around the region. That alone should encourage our secretary of state to be present. Secretary Tillerson attended the 2017 ministerial, and we urge Secretary Pompeo to do the same. Future Challenges Along with successes, we also have seen areas where multilateralism has fallen short. Areas like Nagorno-Karabakh, Transnistria, Chechnya, Abkhazia, and South Ossetia have consumed OSCE attention and resources, but unfortunately, the organization’s actions have not thawed these frozen conflicts. The OSCE may have kept things from getting worse than they might have been otherwise; this is something to praise, but cannot yet be counted as a win. These efforts have been hindered in part by the otherwise positive requirement that major decisions in the organization require consensus. This rule is vital to the OSCE’s success. The organization can convene all parties on an even footing and – because no country can claim that it didn’t voluntarily agree to its commitments – the rule gives unique force to the OSCE’s actions. However, decision-making by consensus also allows a single intransigent country to wield its veto as a weapon, even in cases of otherwise overwhelming agreement. In 2008, Russia successfully blocked the OSCE from establishing a field mission in Georgia as Russian-backed separatists occupied South Ossetia and Abkhazia. Since then, resistance to hosting or authorizing field missions, a core capability of the OSCE, has spread. Belarus kicked out its OSCE mission in 2011. Azerbaijan forced the mission in Baku to close in 2015, and two years later, it insisted on the shuttering of a mission in Armenia. Mongolia, the newest OSCE participating state, has repeatedly requested a mission to foster its continued democratic development and build closer ties with other participating states. Moscow consistently blocks that request. A related and ongoing problem is the lack of transparency of the OSCE’s decision-making. Opening its official deliberations to the public would help make those countries that thwart progress more broadly accountable for their recalcitrance. A more recent challenge comes from the government of Turkey. Ankara continues to use the 2016 coup attempt as pretext for not only violently repressing its citizens and detaining others, including Americans, but also for limiting the participation of non-governmental organizations in certain OSCE meetings. The OSCE is the only international organization that allows NGOs to participate equally with governments in meetings on human rights commitments, allowing these groups to raise their concerns directly. If Turkey has its way, human rights groups might be denied a seat at the table. It is easy to imagine which countries quietly hope this effort will succeed. The United States must continue to make it clear that it is not one of them. Indeed, the moral here is that the United States should not only support the strengths and potential of the OSCE, but we must also be present and potent when progress and principles are challenged within the organization. Our colleagues in both chambers of Congress have the passion and determination to do just that. In these days of partisan discord, we must remember – and treasure – the fact that Congress is broadly committed to the principles enshrined in the Helsinki Final Act: respect for human rights and fundamental freedoms, democratic principles, and liberty. We see this in the establishment of the Helsinki Commission itself, a unique agency conceived by Congress to strengthen the legitimacy of human rights monitoring, defend those persecuted for acting on their rights and freedoms, and ensure that violations of Helsinki provisions are given full consideration in U.S. foreign policy. The OSCE’s broad membership and comprehensive definition of security make it an ideal platform to advocate for our interests in a vital region. Its institutions remain singularly placed to moderate regional conflicts, promote respect for human rights, and safeguard essential elements of democracy. We have not only the right, but also the duty, to hold countries responsible if they fail to adhere to the basic principles that we all agreed to in 1975. We also have the responsibility to hear and consider other participating states when they feel that the United States is not fully meeting our commitments. Leading by example means that we must be held accountable, too. At this critical juncture, when the rules-based order appears particularly fragile, any weakening or absence of the OSCE could irreversibly damage the chances for democracy and peace in the region. We must not allow that to happen – and the key is our own steadfastness, in words and deeds. Roger Wicker (@SenatorWicker) is chairman of the U.S. Helsinki Commission and a vice president of the OSCE Parliamentary Assembly. A member of the Republican Party, he has represented Mississippi in the Senate since December 2007. He previously represented Mississippi for 13 years in the House of Representatives. Ben Cardin (@SenatorCardin) is ranking Senate member of the U.S. Helsinki Commission. He serves as special representative on anti-Semitism, racism, and intolerance for the OSCE Parliamentary Assembly. A member of the Democratic Party, he has represented Maryland in the Senate since January 2007 after 20 years in the House of Representatives.

  • The Human Dimension is a Parliamentary Priority

    Each September, the OSCE focuses considerable attention on its body of commitments in the human dimension, ranging from human rights and fundamental freedoms, to democratic norms and the rule of law, to tolerance in society and other humanitarian concerns. For two weeks, the participating States and interested non-governmental organizations gather in Warsaw, Poland, to review implementation of OSCE commitments in each of these areas.  This Human Dimension Implementation Meeting (HDIM) is organized under the auspices of the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR). Other OSCE institutions, like the High Commissioner for National Minorities and the Representative on the Freedom of the Media, also participate in the exchange of views. Traditionally, the OSCE’s Parliamentary Assembly (OSCE PA) is also represented at the meeting, and its presence this year was particularly strong. About the OSCE PA The OSCE PA is one of the original institutions of the OSCE and consists of 323 parliamentarians who gather three times a year, including at an annual session each summer where resolutions are adopted. Today’s high-profile OSCE work on human trafficking, anti-Semitism, and media freedom began years ago with initiatives undertaken by the assembly and transferred at the urging of parliamentarians to national governments for concrete follow-up activity. Decision-making in the OSCE PA is usually based on a majority vote, which contrasts with the consensus needed among government representatives in OSCE diplomacy. This allows the Assembly to address issues, particularly in the human dimension, in a way that reflects the overwhelming opinion of the participating States but would be unlikely to succeed in other OSCE bodies, where representatives of offending countries can block action.  For example, in the past five annual sessions the OSCE PA has adopted resolutions condemning Russia’s clear, gross, and uncorrected violations of Helsinki principles in it aggression against Ukraine, including violations in the human dimension.  At the 2018 annual session in Berlin last July, Russian parliamentarians unsuccessfully opposed consideration and adoption of a text on human rights violations in Russian-occupied Crimea, and on the human rights situation in Russia itself. The OSCE PA also criticizes other countries’ record in the human dimension records—including actions of the United States—but the assembly’s criticism is generally commensurate with the severity of perceived violations. The OSCE PA defends ODIHR in its work facilitating implementation of commitments where needed, and civil society in its advocacy of human rights. At the 2018 annual session, parliamentarians condemned the ongoing efforts of Turkey and some other countries to restrict non-governmental voices at the HDIM and other human dimension events, or to dilute them with non-governmental organizations formed at the behest of some of the more repressive regimes in the OSCE region.  In Berlin, the OSCE PA called “on all OSCE participating States to welcome NGO participation in OSCE events, and to reject all efforts to restrict participation in OSCE human dimension events so long as these groups do not resort to or condone violence or terrorism, to ensure the broadest possible contribution from NGOs to the OSCE’s work and a full and unrestricted exchange of information and opinions.” OSCE PA Participation in HDIM 2018 OSCE PA President George Tsereteli addresses the 2018 Human Dimension Implementation Meeting in Warsaw. In 2018, five OSCE PA officers—all elected members of national parliaments—spoke at the HDIM.  OSCE PA President George Tsereteli of Georgia addressed the gathering’s opening session, observing that while the human dimension is also known as the “third dimension” of the OSCE’s comprehensive approach to security, it “should always be our first priority.” “When we put our OSCE hats on, our primary goal is to better the lives of the more than one billion people in the OSCE area,” said President Tsereteli. “Our duty is to respond to their desire to live in a free society, where democratic debate is encouraged and not stifled, where journalists are respected and not jailed or killed, where a simple citizen can trust that his or her voice counts and is not discarded.” Two of the OSCE’s nine Vice Presidents—Isabel Santos of Portugal and Kari Henriksen of Norway—also attended. Santos focused on the human rights of migrants, and Henriksen on promoting opportunities for women and children that will protect them from human trafficking. Two of the three officers of the OSCE PA’s General Committee on Democracy, Human Rights, and Humanitarian Questions were also in Warsaw. Committee chair Margareta Kiener Nellen of Switzerland addressed hate crimes and hate speech, including ways to combat them, while committee rapporteur Kyriakos Hadjiyianni of Cyprus focused on challenges to freedom of the media, ranging from rhetorical attacks to violence and incarceration of journalists. OSCE PA human rights committee rapporteur Kyriakos Hadjiyianni delivers remarks at the freedom of the media session at the 2018 HDIM in Warsaw. Other Human Dimension Activities Throughout the year, the OSCE PA deploys short-term election observation missions and represents the OSCE as a whole in reporting the preliminary conclusions immediately after elections take place. The assembly also has an active Ad Hoc Committee on Migration, chaired by Belgian parliamentarian Nahima Lanjri, which encourages humane treatment of refugees and migrants alike, including respect for their rights, in accordance with international norms.  Various Special Representatives of the OSCE PA President also have human dimension portfolios, including Helsinki Commission Co-Chairman Rep. Chris Smith (Human Trafficking Issues) and Ranking Commissioner Sen. Ben Cardin (Anti-Semitism, Racism and Intolerance).

  • Viewing Security Comprehensively

    By Alex Tiersky, Senior Policy Advisor, Global Security and Political-Military Affairs What does an annual human rights dialogue have to do with peace and security? To the uninitiated, the answer may not be obvious. The OSCE’s annual Human Dimension Implementation Meeting (HDIM) focuses on the compliance by participating States with the Helsinki Final Act’s ten guiding principles for relations between states, including respect for human rights, and with its humanitarian commitments.  Like the OSCE’s annual reviews of the security and the economic/environmental dimensions, the HDIM is a deep dive into a specific group of issues embraced by the OSCE. Yet all three of these dimensions are inextricably intertwined. The 1975 Helsinki Final Act enshrined groundbreaking linkages between the rights of the individual and peaceful relations among states in the concept of comprehensive security. It explicitly recognized that democracy, fundamental freedoms, and the rights of persons belonging to minorities underpin regional peace and security. By signing the document, all OSCE participating States have agreed that lasting security cannot be achieved without respect for human rights and functioning democratic institutions. The Potential of Comprehensive Security Soviet dissident groups were among the first to recognize the potential of the Helsinki Final Act’s then-revolutionary linkages. According to Yuri Orlov in Ludmilla Alexeyeva’s memoir “Thaw Generation,” the founders of the Moscow Helsinki Watch Group observed that the act represented “the first international document in which the issue of human rights is discussed as a component of international peace,” empowering dissident groups to hold their own authorities to account for human rights violations by way of other governments’ assessments. American presidents have repeatedly underlined the significance of the comprehensive concept of security enshrined in the Helsinki Final Act. President Ronald Reagan, returning from discussions with his Soviet counterpart in October 1986, made clear that progress on lessening of tensions and possible arms control agreements would require trust between the two sides, and that this trust was in turn predicated on the Soviet government’s record on meeting human rights commitments: “… I also made it plain, once again, that an improvement of the human condition within the Soviet Union is indispensable for an improvement in bilateral relations with the United States. For a government that will break faith with its own people cannot be trusted to keep faith with foreign powers.” President George H.W. Bush in 1992 underlined that in the act, “participating States recognized respect for human rights as an ‘essential factor’ for the attainment of peace, justice and cooperation among nations.” President Barack Obama in 2015 hailed the act’s central conviction that “the security of states is inextricably linked to the security of their citizens’ rights.” The concept of comprehensive security also lay behind the establishment of institutions such as the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), which is tasked by the participating States with helping governments to meet their commitments to human rights and democracy. ODIHR describes its mission as “a cornerstone of the OSCE’s comprehensive concept of security.” Similarly, OSCE field missions helping OSCE participating States to strengthen their democracy and thereby their security through the implementation of the OSCE commitments in areas ranging from minority rights to media freedom. The relevance of human rights to building and upholding both internal and international peace has also been a reoccurring theme in the work of the OSCE Parliamentary Assembly. For example, in June 2017  the rapporteur of the OSCE PA Committee on Democracy, Human Rights, and Humanitarian Questions urged OSCE “governments to prioritize commitments to protect fundamental human rights and freedoms of every individual in addressing such pressing issues as countering violent extremism.” Comprehensive Security and the Helsinki Commission The comprehensive concept of security also inspired today’s U.S. Helsinki Commission. The commission has heard on numerous occasions from serving government officials just how crucial the relevance of human rights within states is to security among states. For instance, at a Helsinki Commission hearing while serving as Assistant Secretary of State for European and Eurasian Affairs, Philip Gordon emphasized, “The OSCE’s comprehensive approach to security offers a vehicle for engagement across the political, military, economic, and human rights dimensions. ... one of the most important features of the OSCE is that it recognizes that security is not just about what happens between states or beyond borders, but what happens within them.” At the same hearing, then-Assistant Secretary of State for Democracy, Human Rights, and Labor Michael Posner underlined, “Respect for human rights and fundamental freedoms within states is an essential element of security and prosperity among states. This principle lies at the core of the OSCE. Without a vigorous Human Dimension, the Helsinki Process becomes a hollow shell.” Helsinki Commissioners consistently emphasize the linkages between the various dimensions of security in all aspects of their work, including efforts to condemn torture; defend the rights of a free press; protect human rights and fundamental freedoms in the fight against terrorism; or underline the importance of individual liberty and the rule of law as the foundations of the NATO alliance. In 2017, all Senate members of the Helsinki Commission jointly introduced a introduced a bipartisan resolution urging President Trump to recognize the importance of the Helsinki Final Act and its relevance to American national security.  As Chairman Roger Wicker observed, “Peace and prosperity in the OSCE region rest on a respect for human rights and the preservation of fundamental freedoms, democratic principles, and economic liberty.” 

  • Ongoing Election Challenges in Bosnia and Herzegovina

    On October 7, 2018, Bosnia and Herzegovina will hold general elections for government offices at the state level, as well as for offices in each of the “entities” into which the country is politically divided (Bosnian Federation and Republika Srpska), and finally within each of the 10 cantons that make up the Federation.  These elections mark a continuing transition to democratic norms, including respect for human rights and fundamental freedoms as well as adherence to the rule of law, detailed in OSCE commitments. Unfortunately, the challenges faced by a country in its transition have been complicated in Bosnia by the lingering effects of the 1992-1995 conflict, where all sides—primarily but not exclusively Serb nationalist forces—targeted civilians in ethnic cleansing campaigns. These atrocities, which included the genocide at Srebrenica in July 1995, resulted in the displacement of about half the country’s population, the deaths of approximately 100,000 individuals, and the torture or mass rape of thousands more. More than 20 years later, it would be a mistake to underestimate the social scars associated with such a traumatic experience in a country of 3 to 4 million people.    The most visible artifact of the conflict, however, is not those scars but the political system in which the upcoming elections will be held. Peace was restored by a combination of outside intervention and concessions at the negotiating table; the resulting constitutional arrangement contained in Annex IV of the Dayton Peace Agreement remains in place today. This arrangement includes allowing only those declaring their affiliation with one of the three main ethnic groups or constituent peoples—Bosniaks, Serbs, and Croats—to stand for election to a seat on the state-level presidency or in the House of Peoples of the country’s parliament. Even then, citizens are only eligible if they also live in the right place; Bosniaks and Croats must also reside in the Bosnian Federation and Serbs must reside in Republika Srpska. In 2009, the European Court of Human Rights ruled in favor of two Bosnian citizens, Dervo Sejdic and Jacob Finci, who were ineligible to run as presidential candidates because they do not affiliate with one of the three recognized groups; they are Romani and Jewish respectively. In 2016, Ilijaz Pilav won a similar case at the court when he was denied the chance to run because he is a Bosniak who lives in Republika Srpska. Two years earlier, Azra Zornic also won her ECHR case against Bosnia after she was declared ineligible for not declaring her ethnic affiliation.  Despite these court victories in Strasbourg, discrimination in Bosnia and Herzegovina continues. Between Bosnian citizens who do not belong to any of the three constituent peoples, Bosniaks and Croats residing in in Republika Srpska, Serbs residing in the Bosnian Federation, and an unknown number of those like Zornic who do not wish to identify on the basis of ethnicity, more than 300,000 Bosnian citizens are denied the right to stand for election to the Bosnian Presidency or seek a seat in the state-level House of Peoples. The October 2018 elections are further complicated by the 2017 decision of Bosnia’s constitutional court that the mechanism for establishing the Bosnian Federation’s own House of Peoples was unconstitutional and by the annulment of relevant portions of the electoral code. In this case, the claim was made that existing practices had disadvantaged ethnic Croat voters. In early 2018, political talks under international auspices failed to produce a solution, largely due to a desire by those seeking to maintain political power to further entrench ethnicity as a defining factor into the system. The result could be a political crisis after the elections if the Bosnian Federation parliament cannot convene, leading to a similar situation at the state level. In July 2018, a congressional delegation organized by the U.S. Helsinki Commission visited Bosnia and Herzegovina. Nine Members of Congress met with Sejdic, Finci, and Pilav, as well as civil society representatives and others, to learn more about the ethnic barriers to effective exercise by citizens of their human rights and fundamental freedoms. The nine-member congressional delegation and U.S. Ambassador Maureen Cormack with Dr. Ilijaz Pilav, Ambassador Jacob Finci, and Mr. Dervo Sejdic in Sarajevo.  At the end of the visit, the head of the delegation and Helsinki Commission Chairman Sen. Roger Wicker (MS) concluded, “The discriminatory ethnic criteria that prevent some Roma, Jewish, Serbs in the Federation, Croats and Bosniaks in the Republika Srpska, and other citizens who do not self-identify with a group from seeking certain public offices is unacceptable and can easily be addressed… We hope for progress on electoral reform, in line with accepted norms for free and fair elections, so that election results can be implemented and a government formed. We are dismayed at the lack of political diversity within some of the main ethnic groups in this country, and take issue with those who argue they are entitled to a monopoly in representing those groups.”  The congressional delegation expressed frustration over the lack of progress with the current state presidency. It also asked the OSCE Parliamentary Assembly, meeting in Berlin later that month, to maintain a strong focus on Bosnia and Herzegovina and to send a robust election observation mission to the country in October. Of course, Bosnia’s woes go beyond this issue. Republika Srpska officials continue to undermine the country’s state-level institutions to justify an agenda that is not only openly separatist but, as evidenced by the recent revocation of a 2004 report acknowledging he massacre at Srebrenica, also highly nationalistic. One political party seeks define ethnic privileges that would essentially allow it alone to represent Bosnia’s Croat population. Bosniak political leaders, while perhaps more flexible regarding non-ethnic political options, nevertheless seem content representing the country’s primary victims from the conflict period as they remain in power and engage, as do the others, in widespread corruption. Malign outside influences, including Russia, thrive on the Bosnia’s political impasse.  Getting elections right—at this most fundamental level in addition to their overall conduct—is critical and perhaps the best place to start the larger reform effort Bosnia needs. Unless this happens, the country, which is estimated to have the world’s highest youth unemployment rate at well over 50 percent, will see its most talented citizens future vote with their feet, and exercise the right they retain as individuals, regardless of ethnicity, to leave the country behind for a future elsewhere.

  • Annual Trafficking in Persons Report: Europe Falling Behind on Trafficking Victim Identification

    WASHINGTON—Last week, the U.S. Department of State released the 18th annual Trafficking in Persons (TIP) Report, which tracks the progress of 189 countries toward meeting minimum standards of prosecution, protection, and prevention in the fight against human trafficking.  This year’s report showed a 45 percent increase in trafficking victim identification worldwide in 2017 to 100,409—an all-time high for both labor and sex trafficking. However, while more labor trafficking victims were identified in Europe than in 2016, overall victim identification in Europe dropped 4 percent. Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04), who also serves as the Special Representative for Human Trafficking Issues to the OSCE Parliamentary Assembly, said, “With the current migrant crisis, it is more important than ever that OSCE participating States in Europe are informed and on the lookout for human trafficking victims, and have care available for them when they are found.  Unaccompanied minors, in particular, are vulnerable to trafficking and re-trafficking all along the migration routes.” Helsinki Commission Chairman Sen. Roger Wicker (MS) welcomed the report and noted that despite the downturn in victim identification in Europe, several OSCE participating States have made substantial progress in fighting human trafficking. “Estonia, Cyprus, Serbia, Bulgaria, Moldova, and Uzbekistan are to be congratulated for their efforts to meet the minimum standards for the elimination of human trafficking,” he said.  Ireland and Armenia, however, moved down from Tier 1 to Tier 2.  Bosnia and Herzegovina, Kyrgyzstan, Tajikistan, and Mongolia moved from Tier 2 to the Tier 2 Watch List.  The TIP Report classifies countries into several tiers based on their progress toward meeting minimum standards to combat human trafficking. Tier 1 countries fully meet the minimum standards. Tier 2 countries do not meet the minimum standards but are making a significant effort to do so. Tier 2 Watch List countries are in a grace period and are in real danger of becoming Tier 3 if they do not take concrete action to improve their efforts. Tier 3 countries do not meet the minimum standards and are not making significant effort to do so. Tier 3 countries may be subject to U.S. sanctions. Since the creation of the annual TIP Report by Co-Chairman Smith’s Trafficking Victims Protection Act of 2000, more than 120 countries have enacted anti-trafficking laws and many countries have taken other steps to significantly raise their tier rankings—citing the TIP Report as a key factor in their new anti-trafficking efforts. 

  • Press Conference Following U.S. Congressional Delegation Meetings in Bosnia

    Thank you Madam Ambassador.  We appreciate it very, very much.  And this is indeed a bicameral and bipartisan delegation of members of the United States Congress and I am pleased to be here in Sarajevo for my fifth visit.  This is a nine-member congressional delegation. It represents – as the Ambassador said – the bicameral U.S. Helsinki Commission, of which I’m privileged to serve as chair.  The Helsinki Commission and its members from the United States Congress have always cared about Bosnia and Herzegovina.  Its first congressional visit here was in early 1991, before the conflict began.  Commissioners returned when they could during the conflict, and have come back on several occasions after the conflict to assess and encourage recovery and reconciliation.   This time, we come here first and foremost to let both the political leaders and the people of Bosnia and Herzegovina know the United States remains interested and engaged in the Balkans.  The progress we want to see throughout the region must include progress here in Bosnia.  We are committed to protecting the country’s sovereignty and territorial integrity in line with the 1995 Dayton Agreement, and we support Bosnia’s aspirations for European and Euro-Atlantic integration.  Efforts to undermine state institutions, along with calls for secession or establishment of a third entity, violate the spirit and letter of the Dayton Accords and endanger the stability of Bosnia and Herzegovina, and the entire region, and they diminish the likelihood of progress for local families and job creators.   We encourage the Bosnian government to undertake the necessary reforms to make integration a reality.  The inability to make Bosnia’s government more functional, efficient, and accountable is holding this country back.  It is the consensus of the international community that the people of Bosnia and Herzegovina are ill-served by their government’s structure. Bosnia should correct one glaring shortcoming.  The discriminatory ethnic criteria that prevent some Roma, Jewish, Serbs in the Federation, Croats and Bosniaks in the Republika Srpska, and other citizens who do not self-identify with a group from seeking certain public offices is unacceptable and can easily be addressed.  Bosnia’s neighbors are making progress, and we do not want to see this country fall further behind.   In our meeting with Members of the Bosnian Presidency, we expressed our frustrations with the political impasse and often dangerous rhetoric.  We urged stronger leadership and a more cooperative spirit in moving this country forward, together.  This should include electoral reform now and a serious commitment to the additional reforms that are obviously needed in the near future.  We are tired of the way ethnic politics dominates debate and makes decision-making such a difficult progress.  We share this impatience with our allies and the people this country would like to move closer toward.  This does not enhance the future of young people who want to stay and raise families in Bosnia, and it places a drag on efforts toward Euro-Atlantic integration. We encouraged international mission heads and the diplomatic community based here in Bosnia to defend human rights, democracy, the rule of law and all principles of the Helsinki Final Act in their important work.  In these areas, there should be no compromises here in Bosnia that we would not accept elsewhere.  Working together, the United States and Europe must deal firmly with those who seek to undermine those principles in any way, and that should include – for the worst offenders – coordinated sanctions on their ability to travel and on their individual assets.  We also need to work with Bosnian officials to counter external forces that actively seek to make Bosnia even more vulnerable to internal instability than it already is right now.  We are proud of the work between the United States and Bosnian officials thus far on countering terrorism.  We hope Bosnia remains committed to prosecuting and rehabilitating foreign terrorist fighters through ensuring longer sentences for convicted terrorists. Second to sending a strong U.S. message, we come to hear the voices of the people.  The Helsinki Commission and members of Congress regularly meet with diplomats and senior officials from Bosnia who visit Washington.  Their views are important, and we have good discussions, and we had good discussions this time.  However, we often wonder what the people of Bosnia truly think about their situation.  To that end, we met here with citizens who continue to be denied their recognized right to seek certain public offices.  We also heard the many concerns of non-governmental representatives.  In Mostar, we met with a young leader whose organization is trying to find common ground among the people of that spectacular city, which is still divided in too many ways.  It is deplorable that the citizens of Mostar have been denied their right to vote in local elections since 2008; we call on Bosnia’s political leaders to set aside the differences and work toward a compromise that resolves the impasse. We encourage all citizens of Bosnia and Herzegovina to give priority not to protecting ethnic privileges that keep them segregated from one another, but to promoting policies that will give them jobs, greater opportunity, a 21st century education, and the prosperity they want for their children and grandchildren.  To succeed, Bosnian citizens must all move forward together.   However, ethnic divisions continue to thwart needed cooperation.  We sense that these divisions are not as deep as claimed by the political leaders who exploit them. They exploit them for power, in our judgment.  And if there is one thing which should unite all Bosnians, it should be the desire to end the rampant corruption that robs this country of its wealth and potential. We hope that the upcoming Bosnian elections are not only conducted smoothly and peacefully, but their results reflect the genuine will of the people.  Democracy is strengthened when voters cast their ballots based, not on fear, pressure or expectation, but based on their own, personal views regarding the issues and opinions of the candidates, their views and their character.  The outcome must accurately capture these individual sentiments.  We hope for progress on electoral reform, in line with accepted norms for free and fair elections, so that election results can be implemented and a government formed.  We are dismayed at the lack of political diversity within some of the main ethnic groups in this country, and take issue with those who argue they are entitled to a monopoly in representing those groups. A third and final reason this delegation has come to Bosnia and Herzegovina is to remember —as American citizens and elected officials — why the United States of America should continue to care about Bosnia and Herzegovina, even when so many other crises demand attention.  We are reminded, in that regard, of the upcoming anniversary of the genocide at Srebrenica and the unimaginable pain and loss that lingers from that and other wartime atrocities.  Some of us visited the War Childhood museum, reminding us as well of the innocence and vulnerability of civilian victims.  We also remember past U.S. leadership in responding to the conflict.  The address of this building is “1 Robert C. Frasure Street,” after one of three American envoys who lost their lives on nearby Mount Igman while seeking to bring peace to this country.  Their work, and that of so many other American diplomats, soldiers and citizens who have continued their work to this day, cannot be left unfinished.   Finally, we also witnessed the incredible beauty of the countryside, the vibrancy of places like Sarajevo and Mostar, and the generous hospitality of the people.  Having been through so much, they deserve better than they have right now.            We therefore leave here more committed than ever to this country’s future, and as confident as ever in our ability to work together to build that future.  We support Ambassador Cormack here in Sarajevo and will continue to encourage our government in Washington to take further steps to encourage the good governance and prosperity that the citizens of this country deserve.

  • Chairman Wicker Introduces Resolution Emphasizing Importance of NATO to Regional Security

    WASHINGTON—Helsinki Commission Chairman Sen. Roger Wicker (MS) introduced a bipartisan resolution (S.Res.557) emphasizing the importance of NATO to the collective security of the transatlantic region and urging its member states to work together to strengthen the alliance at the July 11-12 NATO summit in Brussels.  “NATO remains the cornerstone of transatlantic and global security. This resolution underlines the need for our allies to boost their contributions to our collective defense. It also encourages practical steps at the upcoming NATO summit to bolster the alliance’s effectiveness against current and emerging threats,” said Chairman Wicker. “We must always work to strengthen the alliance if we want it to serve our collective security as well as it has in its first seven decades.”  Sen. Ben Cardin (MD), a senior member of the Senate Foreign Relations Committee and ranking Senate commissioner, is the lead co-sponsor of the resolution. Other original co-sponsors of S.Res.557 include Helsinki Commissioners Sen. Thom Tillis (NC) and Sen. Jeanne Shaheen (NH), who also co-chair the Senate NATO Observer Group. “NATO summits are important occasions to send messages of solidarity with our NATO allies and reaffirm our continued commitment to transatlantic principles, including democracy and the rule of law,” said Sen. Cardin. “This resolution underlines that NATO is rooted in a foundation of shared values, and that any backsliding on individual liberty, corruption, or human rights risks eroding that foundation.” S.Res.557 reaffirms the enduring commitment of the United States to NATO’s collective defense, enshrined in Article 5 of the North Atlantic Treaty, and urges all NATO member states to be prepared to meet their respective Article 5 obligations.  It also pledges support for measures to deter Russian aggression against the territory of any NATO ally. The resolution underlines the need for NATO’s “open door policy” to remain in effect and for the alliance to extend an invitation to any aspirant country that has met the conditions required to join NATO. Finally, it urges leaders at the Brussels summit to ensure the alliance makes key changes to meet urgent security threats and counter new challenges. “As I stated when we re-established the NATO Observer Group, our alliance must be prepared to face a broad range of threats, including hybrid and cyber threats from Russia and other adversaries,” said Sen. Tillis. “A strong and committed NATO alliance remains vital as our community of democracies continues to expand and thrive.” “This resolution underscores the need for the United States to work closely with our allies to modernize NATO to respond to the ever-evolving threats facing western democracies, particularly from the Kremlin,” said Sen. Shaheen. “Continued cooperation with NATO allies will be integral to our efforts to safeguard our country’s national security and protect the United States.”

  • Democracy Deferred

    After amending the constitution to extend the length of a presidential term and abolish term limits altogether, Azerbaijan’s ruler since 2003, Ilham Aliyev, recently prevailed in elections that secured his position until 2025. International election observers described this vote as “lack[ing] genuine competition” given the country’s “restrictive political environment and…legal framework that curtails fundamental rights and freedoms.” The presidential election took place after a year of growing concern over the state of fundamental freedoms in Azerbaijan. In March 2017, the government blocked nearly all remaining major sources of independent news; it continues to harass and detain independent journalists. That same month, the Extractive Industries Transparency Initiative suspended Azerbaijan’s membership over the government’s onerous regulation of civil society organizations. In December 2017, the Council of Europe began exploring unprecedented punitive measures against Azerbaijan for flouting a European Court of Human Rights ruling ordering the release of former presidential candidate Ilgar Mammadov, jailed since 2013.  As Azerbaijan approaches 100 years of independence in May, the Helsinki Commission examined these recent developments and the country’s implementation of its freely undertaken human rights and democracy commitments.  In September 2017, Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04) introduced H.Res.537 calling on the U.S. Government to prioritize democracy and human rights in its engagement with Baku and examine the applicability of targeted sanctions against the most egregious violators of basic rights.

  • Helsinki Commission Briefing to Review State of Fundamental Freedoms in Azerbaijan

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: DEMOCRACY DEFERRED: THE STATE OF ELECTIONS AND FUNDAMENTAL FREEDOMS IN AZERBAIJAN Wednesday, May 9, 2018 10:30 a.m. Capitol Visitor Center Room SVC 215 Live Webcast: www.facebook.com/HelsinkiCommission After amending the constitution to extend the length of a presidential term and abolish term limits altogether, Azerbaijan’s ruler since 2003, Ilham Aliyev, recently prevailed in elections that secured his position until 2025. International election observers described this vote as “lack[ing] genuine competition” given the country’s “restrictive political environment and…legal framework that curtails fundamental rights and freedoms.” The presidential election took place after a year of growing concern over the state of fundamental freedoms in Azerbaijan. In March 2017, the government blocked nearly all remaining major sources of independent news; it continues to harass and detain independent journalists. That same month, the Extractive Industries Transparency Initiative suspended Azerbaijan’s membership over the government’s onerous regulation of civil society organizations. In December 2017, the Council of Europe began exploring unprecedented punitive measures against Azerbaijan for flouting a European Court of Human Rights ruling ordering the release of former presidential candidate Ilgar Mammadov, jailed since 2013.  As Azerbaijan approaches 100 years of independence in May, the Helsinki Commission will examine these recent developments and the country’s implementation of its freely undertaken human rights and democracy commitments.   The following panelists are scheduled to participate: Audrey L. Altstadt, Professor of History, University of Massachusetts – Amherst Emin Milli, Director, Meydan TV Maran Turner, Executive Director, Freedom Now Additional panelists may be added. In September 2017, Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04) introduced H.Res.537 calling on the U.S. Government to prioritize democracy and human rights in its engagement with Baku and examine the applicability of targeted sanctions against the most egregious violators of basic rights.

  • Co-Chairman Smith Chairs Hearing on Plight of Russian Family, Possible UN Corruption in Guatemala

    WASHINGTON—Congress should investigate and hold accountable the United Nations’ International Commission against Impunity in Guatemala (CICIG) for its role in the prosecution of a Russian family in Guatemala fleeing Putin’s Russia, said Congressman Chris Smith (NJ-04), co-chair of the Commission on Security and Cooperation in Europe, at a Friday hearing titled “The Long Arm of Injustice.” The hearing examined CICIG’s role in the prosecution of the Bitkov family in Guatemala. “Congress has a special responsibility in this matter because the United States is one of the largest contributors to CICIG’s budget. There has been little congressional oversight of CICIG – it’s clearly time for that to change,” Rep. Smith stated at the hearing. The case of the Bitkovs was examined at the hearing, which featured testimony from the lawyers representing the family as well as from Bill Browder, a human rights advocate and founding director of the Global Magnitsky Campaign for Justice, who has investigated the case and CICIG’s role in it. The Bitkovs fled Russia in 2008 following a series of events that began in 2005 with Igor Bitkov refusing to let a senior official at one of Russia’s state banks, Sberbank, buy over half of his North-West Timber Company. His daughter Anastasia was kidnapped and repeatedly raped in 2006, and the family paid $200,000 to ransom her. In 2008, the banks demanded full repayment of their loan to Bitkov’s company despite the company’s good credit. The company was forced into bankruptcy, its assets sold at fire sale prices, and the Bitkovs fled Russia fearing for their lives after hearing of threats made against them. This case was a textbook scheme of Russian officials persecuting those who refuse to do business with them, Browder said. “First, in Russia people who run successful businesses are routinely victimized through a process called ‘Raiderstvo’. I was a victim of Raiderstvo and so were the Bitkovs. It is a standard practice in Russia where organized criminals work together with corrupt government officials to extract property and money from their victims,” stated Browder in his written testimony before the commission. Browder was expelled from Russia in 2005 after fighting corporate corruption there. After Russian authorities seized his companies, Browder’s lawyer Sergei Magnitsky investigated the matter; he was arrested and was tortured to death in Russia in 2009. Since then, Browder pushed for the passage and enactment of Magnitsky laws. After fleeing Russia, the Bitkovs entered Guatemala through a legal firm, Cutino Associates International, that offered them travel documents, and took on new identities there. However, they were eventually indicted and prosecuted for passport fraud, and although the country’s appeals court sided with them, a lower court ruled against them and sentenced them to long prison terms. CICIG was involved in the ultimate prosecution that resulted in their current sentences for passport fraud: 19 years in prison for Igor, and 14 years each for his wife Irina and their daughter Anastasia. The prosecution was “notoriously disproportionate and even more aggressive and shocking than high-impact crimes such as drug trafficking, murder or even terrorism,” stated Rolando Alvarado, a lawyer representing the Bitkovs, at the hearing. “They channelled their criminal prosecution before special courts that know of crimes of greater risk.” The very prosecution violated the law of the country, said another lawyer who represents the Bitkovs. “In Guatemala, the Palermo Convention is in force, as well as the Guatemalan Migration Law. Both laws establish that migrants cannot be criminalized for the possession or use of travel documents or ID documents. Even so, the State of Guatemala has decided to prosecute, illegally, these cases and has issued suspended sentences in other similar cases,” stated Victoria Sandoval, who also represents the Bitkov family. The role of CICIG was examined at the hearing, along with its relationship with Russian officials who were pursuing the prosecution of the Bitkov family in Guatemala. “The Russian government routinely abuses international institutions in order to persecute its enemies who are outside of Russia. In my opinion, the Russian government succeeded in compromising CICIG and the Guatemalan Prosecutor for their own purposes in the Bitkov case. CICIG and the prosecutor’s office have jointly taken up the Russian government’s vendetta against the Bitkovs with no good explanation,” Browder stated. “CICIG did not distance itself from this Russian persecution. They’ve touted it on their website and they’ve actively tried to overturn the Bitkovs’ vindication by the Appeals Court.” Rep. Smith further noted that “the facts of the case strongly indicate” that CICIG “became deeply involved in the Kremlin’s persecution of the Bitkov family. Indeed that CICIG acted as the Kremlin’s operational agent in brutalizing and tormenting the Bitkov family.” “And then there must be accountability for the grotesque wrong that has been done to them. There must be further inquiry, and we must get to the bottom of this,” Smith said. Helsinki Commission Chairman Sen. Roger Wicker (MS) said in a statement for the record, "The case of the Bitkovs illustrates the Kremlin’s pattern of abuse involving the world’s courts and legal institutions. Russia should be called out for the mafia state it is and the illegitimate and politically influenced decisions that come out of Russian courts not given the time of day. We must find a way to protect our institutions from malign outsider influence and avoid becoming unwitting participants in Kremlin vendettas." Sen. Marco Rubio (FL), Commissioner at the Helsinki Commission, said in a statement for the record, “This miscarriage of justice cannot be tolerated and today’s hearing is a strong first step in bringing this matter to light. It is important for both Kremlin and Guatemalan officials to understand that the world sees what is happening and will not accept Russian malign influence in the Western Hemisphere or the destruction of Guatemalan judiciary.” Sen. James Lankford (OK) said in a statement for the record, “We should be diligent in exercising oversight over any foreign entity which receives U.S. taxpayer funding to ensure our nation's own resources are used to advance national interests. I applaud the Commission for looking into the issue of the Bitkov family as well as exercising oversight over the U.S.-funded CICIG.” Sen. Mike Lee (UT) said in a statement for the record, "CICIG should be operating to root out real corruption, rather than building up or tearing down political winners and losers. It pains me to see sovereignty continually thrown by the wayside as has been the case in Guatemala. It is unfair to average citizens. It has been unfair to the Bitkovs. It is unfair to all who seek a free and prosperous Guatemala."

  • The Long Arm of Injustice

    In 2008, Igor and Irina Bitkov, along with their daughter Anastasia, fled Russia in fear for their lives. Having seen their successful company bankrupted in a textbook raider scheme, their daughter kidnapped and raped, and facing death threats, the Bitkovs took refuge and began a new life with new identities in Guatemala. The family now finds itself separated, imprisoned in squalid Guatemalan jail cells, and facing nearly twenty years in prison for alleged paperwork irregularities normally punishable by a simple fine. There are grave reasons to question the role of the government of Russia and the UN’s International Commission against Impunity in Guatemala (CICIG) in their imprisonment. “I am deeply concerned about grave injustices suffered by the Bitkov family—brutalized in Russia, now apparently re-victimized in Guatemala, where they languish in jail,” said Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04), who chaired the hearing. “Evidence indicating that the government of Russia may have enlisted the UN’s International Commission against Impunity in Guatemala to persecute this family is troubling and must be thoroughly scrutinized.” The hearing sought answers to key questions: Did the Kremlin enlist CICIG in its vendetta to destroy the Bitkovs? Is this another example of the frightening reach of Putin’s government and its ability to co-opt institutions designed to further the rule of law, as it has Interpol and Mutual Legal Assistance Treaties? Has the government of Russia corrupted a UN anti-corruption agency? What does this teach about the government of Russia, the UN, and the global fight against the scourge of corruption? The Helsinki Commission examined the specifics of the Bitkov case, including Russian influence on CICIG and Guatemala’s Attorney General’s office, and reviewed policy options to protect U.S. taxpayer-supported institutions from abuse and undue pressure from authoritarian governments. Selection of Additional Materials Submitted for the Record Response of William Browder to Questions for the Record Submitted by Rep. James McGovern Report: CICIG and the Rule of Law | Ligo ProPatria, Instituto de Servicios a La Nacion, Guatemala Immortal, ProReforma Sign-On Letter to the Helsinki Commission | Civil Society Representatives Letter to the Helsinki Commission | Ligo ProPatria, Instituto de Servicios a La Nacion, Guatemala Immortal, ProReforma Letter to the Helsinki Commission | Migration Groups Letter to President Maldonado of Guatemala | Bill Browder Letter to President Maldonado of Guatemala | Helsinki Commission Chairman Sen. Roger Wicker Invitation to Ivan Velasquez to Testify at Helsinki Commission Hearing Communication from Loreto Ferrer, CICIG Letter to the Helsinki Commission | VTB Bank Information from RENAP Cover Notes from Aron Lindblom,Diakonia Guatemala, Regarding: Letter to the Helsinki Commission | Indigenous Ancestral Authorities of Guatemala Letter to the Helsinki Commission | Christian Council of Guatemala Letter to the Helsinki Commission | Asociation de Mujeres Q'eqchi'es Nuevo Horizonte Letter to the Helsinki Commission | Comite de Unidad Campesina Guatemala Letter to the Helsinki Commission | Asociation Grupo Integral de Mujeres Sanjuaneras The Wall Street Journal: Kremlin Revenge in Guatemala (March 25, 2018) The Wall Street Journal: Russia’s Dubious Guatemala Story (April 15, 2018) The Wall Street Journal: A Crisis in Guatemala, Abetted by the U.N. (April 22, 2018) National Review: Microscopic Dots. Let's Look at Them. (April 25, 2018) National Review: Why Are They Doing This to the Bitkovs? (April 26, 2018) The Economist: A corruption spat in Russia endangers crime-fighters in Central America (April 28, 2018) Materials submitted by Victoria Sandoval, criminal and human rights attorney representing the Bitkov family Audio: CICIG supports VTB petitions Affidavit: Harold Augusto Flores confesses that he was threatened by CICIG Medical reports on Anastasia Bitkova issued by the National Forensic Science Institute BBC: Inside the 'world's most dangerous' hospital Ruling issued by the tribunal presided over by Judge Iris Yassmin Barrios  

  • Chairman Wicker, Ranking Member Cardin on Anniversary of Death of Joseph Stone in Ukraine

    WASHINGTON—On the one-year anniversary of the death of Joseph Stone, a U.S. paramedic serving in the OSCE Special Monitoring Mission (SMM) in Ukraine, Helsinki Commission Chairman Sen. Roger Wicker (MS) recalled Stone’s tragic death, criticized the pressure put on international monitors, and called for the Russian government to end the cycle of violence that resulted in Stone’s death.  Stone’s life was cruelly cut short when his vehicle struck a landmine in separatist-controlled territory in eastern Ukraine. “Civilian OSCE monitors like Mr. Stone risk their lives to tell the world what is happening, even as they face violent harassment and physical obstruction. Monitors should be able to travel throughout the country without restriction or intimidation, as their mandate requires,” Sen. Wicker said. “Russia’s continued fueling of this war must end. Putin and those he supports should live up to their commitments under the Minsk agreements and get out of Ukraine.” Sen. Ben Cardin (MD), a senior member of the Senate Foreign Relations Committee and Ranking Senate Commissioner, praised the work of the monitors and condemned Russia’s leaders for their role in the conflict. “Joseph Stone gave his life in service to a mission that shines a light on a war that has killed thousands and affected millions more.  Every day, these brave, unarmed monitors report the ground truth from a conflict manufactured by Putin and his cronies to advance his vision of a weak and destabilized Ukraine,” Sen. Cardin stated. “Russia’s invasion of Ukraine is one of the most serious breaches of OSCE principles since the signing of Helsinki Final Act in 1975. The Russian regime must put an end to the cycle of violence it perpetuates in Ukraine and live up to its OSCE commitments.” The SMM was established in 2014 to monitor implementation of the Minsk agreements, which were designed to bring peace to eastern Ukraine. It is an unarmed, civilian mission that serves as the international community’s eyes and ears in the conflict zone. It is the only independent monitoring mission in the war zone. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia, and Ukraine.  It currently fields roughly 700 monitors, nearly 600 of whom are in the Donetsk and Luhansk regions. The United States supports the SMM by providing more than 60 monitors and other resources to the mission.

  • A Crisis in Guatemala, Abetted by the U.N.

    In the struggle to defeat transnational crime in Central America, the U.S. is financing a United Nations prosecutorial body in Guatemala. Yet these U.N. prosecutors are thumbing their noses at the rule of law and seem to be using their power to politicize the Guatemalan judiciary. This is dividing and destabilizing a pivotal democracy in the region. The fragile Guatemalan state is in the crosshairs of Venezuelan dictator Nicolás Maduro and Cuba’s Gen. Raúl Castro. If their allies seize control of Mexico’s southern neighbor via its institutions, as Daniel Ortega has done in Nicaragua, it will have implications for Mexican and American security. The U.N. body, known as the International Commission Against Impunity in Guatemala (CICIG by its Spanish initials), has been in the country since 2007. It has busted some criminals. But its unchecked power has led to abuse, and this should concern U.S. backers. Some of CICIG’s most vociferous defenders hail from Guatemala’s extreme left, which eschews equality under the law and representative democracy. CICIG’s rogue justice has come to the attention of Sen. Roger Wicker (R., Miss.), chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission. He has scheduled a hearing April 27 to review CICIG’s role in the Guatemalan prosecution and extralegal conviction of a Russian family on the run from Vladimir Putin’s mafia. As I detailed in March 26 and April 19 Americas columns, Igor and Irina Bitkov, and their daughter Anastasia, fled persecution in Russia and became victims of a crime syndicate in Guatemala that was selling false identity documents. Yet Guatemala and CICIG tried the family alongside members of the crime ring that tricked them. They were convicted and given unusually harsh sentences. Guatemalan law and the U.N.’s Palermo Convention say that such migrants are victims, and a Guatemalan constitutional appeals court ruled that the Bitkovs committed no crime. CICIG and Guatemalan prosecutors ignored that ruling, went to a lower court and got a conviction. CICIG will not say why, or why it didn’t prosecute the law firm that solicited the fake documents given to the Bitkovs. Matías Ponce is “head of communications” for CICIG but there is no contact information for him or his office on the CICIG website. I managed to get his cellphone number from a third party and, after repeated tries, made contact with him. I requested his email and wrote to him so I could share with readers CICIG’s explanation of what appears to be abuse of power. He sent me a boilerplate response about CICIG’s work against criminal networks but no answers to my questions. It is unlikely CICIG will answer questions before the Helsinki Commission. Its co-chairman, Rep. Chris Smith (R., N.J.), invited CICIG to appear at a similar hearing he proposed for April 24 in the House Foreign Affairs subcommittee monitoring human rights and U.N. entities. CICIG declined the invitation. That hearing was not scheduled, though the office of Foreign Affairs Chairman Ed Royce (R., Calif.) told me it’s not dead. If CICIG refuses to cooperate with the Helsinki Commission, it will fuel the feeling among rule-of-law advocates that it has something to hide. CICIG says it is in Guatemala merely to “support” the attorney general in her work “identifying and dismantling” criminal networks and is not involved in politics. But an academic analysis of CICIG by Jonatán Lemus, a Francisco Marroquín University political science professor, suggests otherwise. Mr. Lemus observes that “CICIG has also been criticized for the very same reasons others have praised it: becoming a player in judicial appointments, proposing some controversial reforms to the Guatemalan constitution, and the use of televised conferences to shift the public in its favor. From this perspective, instead of strengthening Guatemalan institutions, the Commission is making national institutions dependent on its assistance.” This dependence drives CICIG deeper into politics. As Mr. Lemus notes, “once immersed in a polarized political system,” an international body designed like CICIG naturally “will face incentives to behave as any domestic bureaucracy trying to maximize its power and resources to ensure its survival.” Without an explanation for the bizarre Bitkov convictions, Guatemalans are left to speculate about CICIG’s motives. Incompetence is one possibility. But once the injustice was publicized and not corrected, that reasoning collapsed. A foreign businessman also makes an easy target for a politically correct prosecutor seeking approval from anticapitalist nongovernmental organizations. Kremlin “influence” cannot be ruled out. Nailing the Bitkovs was a priority for Russia because the family had refused to “donate” large sums to the Putin kitty in Kaliningrad. It would hardly be surprising to learn that Moscow leaned on prosecutors and judges to put the family behind bars. There’s no doubt that something fishy went on, and CICIG prosecutor Iván Velásquez’s unwillingness to address it is troubling. The truth matters for the family, for Guatemala and for the U.S.

  • Use Magnitsky Act to Fight Russian Thuggery

    In “Kremlin Revenge in Guatemala” (Americas, March 26) Mary Anastasia O’Grady rightly draws attention to the determination of Vladimir Putin’s cronies to hurt those who defy their corruption. The yearslong ordeal of the Bitkov family—their harassment, persecution and ultimate imprisonment in a Guatemalan jail after fleeing Russia—is astonishing because of its cruelty. However, the story also reveals a much larger truth about the global web of complicity that the Kremlin will weave to suppress the rule of law and human rights outside its own borders. As chairman and former chairman of the U.S. Helsinki Commission, which works to advance international human rights, we are encouraged by the release of the first-ever sanctions list under the Global Magnitsky Act late last year. We ask that the administration put those responsible for the harm done to the Bitkovs on this list. These individuals should be held accountable for the flagrant torture and oppression they have inflicted upon this family, once at the helm of a thriving paper-mill company and now unjustly sentenced to years in a Guatemalan jail. Russia’s message of intimidation to the Bitkovs is a familiar one. We’ve seen before what the kleptocracy will do to those who challenge its crimes. We know the stories of Mikhail Khodorkovsky and Sergei Magnitsky. In 2012, we championed the Magnitsky Act for the wrongful punishment and death of Magnitsky, who uncovered massive fraud at the hands of Russian authorities. Under the law, those who were complicit in his death would have their U.S. assets frozen and any travel to the U.S. denied. The Global Magnitsky Act, passed four years later, broadens America’s response to human-rights offenders around the world. We have refused to respond to these stories with silence, and we cannot tolerate impunity now. Sen. Roger Wicker (R., Miss.) Sen. Ben Cardin (D., Md.)

Pages