Title

Turkey’s Detention of U.S. Citizens to Be Scrutinized at Helsinki Commission Hearing

Thursday, November 09, 2017

WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing:

PRISONERS OF THE PURGE: THE VICTIMS OF TURKEY’S FAILING RULE OF LAW

November 15, 2017
9:30AM
Dirksen Senate Office Building
Room 124

Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce111517

In July 2016, the Turkish people helped defeat a coup attempt that sought to overthrow their country’s constitutional order. In pursuing those responsible for the putsch, however, Turkish authorities created a dragnet that ensnared tens of thousands of people. The state of emergency declared by President Erdogan in the immediate aftermath of the coup attempt remains in effect today and gives the government vast powers to detain or dismiss from employment almost anyone, with only minimal evidence.

Caught up in the sweeping purge are several American citizens, including pastor Andrew Brunson, who worked and raised his family in Turkey for more than 23 years. Despite the efforts of the President of the United States, among many others, he has spent more than a year in jail without trial on national security charges. Additionally, a Turkish-American NASA scientist and two Turkish employees of U.S. consulates stand charged with terrorism offenses despite no involvement with violent activity—a situation faced by thousands of other Turks.    

The U.S. Helsinki Commission hearing will examine the factors contributing to the detention of American citizens, particularly Mr. Brunson, and U.S. consulate employees in Turkey, as well as the judicial processes to which they have been subject. One of Mr. Brunson’s family members and his U.S. attorney will testify about his ongoing detention. Witnesses will also discuss the impact of these arrests on U.S.-Turkey relations and policy recommendations that could help secure their release and promote Turkey’s respect for its rule of law and other commitments as a participating State of the Organization for Security and Cooperation in Europe (OSCE).

Panel One:

  • Jonathan R. Cohen, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs, U.S. Department of State

Panel Two:

  • CeCe Heil, Executive Counsel, American Center for Law and Justice (ACLJ)
  • Jacqueline Furnari, Daughter of Andrew Brunson
  • Nate Schenkkan, Director of the Nations in Transit Project, Freedom House
Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
Relevant countries: 
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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.

  • Belarus Reality Check

    On October 22, 2018, over 50 international analysts, practitioners, diplomats and policymakers gathered in Vilnius, Lithuania, for the eighth Belarus Reality Check, a full-day review of the Belarusian economy, political and human rights developments, and changes in the regional security situation in and around Belarus. Former Helsinki Commission Senior State Department Advisor Scott Rauland joined representatives of the IMF, the World Bank, Lithuania’s Foreign Ministry, the EU Ambassador to Belarus, and dozens of analysts from Belarus, Lithuania, Latvia, Poland, Ukraine, Germany, and other European nations for the event. Political Developments in Belarus During the first panel, presenters noted that sovereignty and stability remain top priorities for the Government of Belarus. Despite a great deal of work by the OSCE’s Office of Democracy Institutions and Human Rights (ODIHR) in recent years, its recommendations to improve Belarusian elections have still not been implemented, and panelists were skeptical that any action would be taken before parliamentary and presidential elections scheduled for 2020.  Although the Belarusian political opposition remains divided and marginalized, several panelists believed that support for the opposition is growing.  Unfortunately, there was consensus that Russian malign influence in Belarus is also growing, primarily via Russian exploitation of social media platforms in Belarus. The Belarusian Economy The second panel featured four presentations that examined challenges facing the Belarusian economy and analyzed the country’s agonizing choice between beginning long-overdue reforms or remaining dependent on Russian subsidies for oil and gas to shore up failing state-owned enterprises (SOEs).  Panelists pointed out that— due largely to those subsidies—the Belarusian economy has fared better than many of its neighbors for years, and that Belarusians enjoy a better standard of living than a number of their Eastern European counterparts.  Polling by the IPM Research Center has shown that a top priority for Belarusians, and thus for the Government of Belarus, is low inflation.  According to the same study, most Belarusians are satisfied with the current state of affairs. Should the subsidies end, Belarus could face a true crisis.  Belarusian Foreign Policy The final panel discussed Belarusian relations with its neighbors—strangely including China, but omitting the U.S.  Positive trend lines were noted for Belarusian relations with all major countries except Russia, and international organizations have demonstrated increased interest in Belarus. In particular, OSCE Secretary General Greminger visited Belarus for a third time in 2018.  Anaïs Marin of France, recently appointed as UN Special Rapporteur on Belarus, remarked that progress had been made by Belarus on its 2016 National Action Plan on Human Rights, but described continuing Belarusian support of the death penalty as something that required continued scrutiny by the international community.  One analyst took EU policy to task for “aiming at progress, not results.”  Russian policy in Belarus, he claimed, is intended to produce results—namely, to keep Belarus under control and on a short leash.  Another panelist described the conundrum of trying to contain Russian influence in Belarus: “We can’t get rid of Russian influence (money) in Latvia or London; how can we expect to get them out of Belarus?” In a concluding question and answer session, Rauland—who served as charge d’affaires at the U.S. Embassy in Minsk from June 2014 through July 2016—asked the panel to comment on the diverging EU and U.S. strategies on Belarus, noting that the EU had decided to lift sanctions on Belarus completely in 2016, while the U.S. had merely suspended them while awaiting further improvements in human rights.  The panelist who responded to that question described EU policy as a mistake, noting that political prisoners had been released (the event which triggered sanctions relief by the EU), but that their civil rights had not been restored, something he felt should have been a condition for the EU completely lifting sanctions. Answers to a question earlier in the day, asking whether panelists were optimistic about the future for Belarus, may have captured the range of views of the participants best of all.  “Yes,” replied the first to answer.  “I’m ‘realistic’ about progress,” replied the next panelist.  “And I’m an optimistic realist,” concluded the third. The event was organized by the Eastern Europe Studies Centre with the support of USAID, Pact and Forum Syd, together with programmatic contributions from the Carnegie Endowment for International Peace.

  • Who's Afraid of Civil Society?

    By Erika Schlager, Counsel for International Law “How will you mark the anniversary?” That’s what Timothy Garton Ash asked dissident playwright Vaclav Havel 30 years ago, prior to the 70th anniversary of the Czechoslovak state. The answer? A symposium on the incidence of the number “eight” in Czechoslovak history: 1918 (the creation of the modern Czechoslovak state), 1938 (Nazi Germany’s invasion of Czech lands), 1948 (the Communist takeover), 1968 (the Soviet-led Warsaw Pact invasion that crushed the Prague Spring) . . . and 1988. As a junior Helsinki Commission staffer, I attended that symposium. It was my first solo trip for the Commission. At the time, the 35 signatories of the Helsinki Final Act were meeting in Vienna to review the implementation of the Final Act, negotiate new commitments, and schedule future meetings. Czechoslovakia—the Czechoslovak Socialist Federal Republic, to be more precise—had proposed holding a future meeting in Prague as part of the Helsinki process work on economic cooperation. And why not? Budapest, the capital of another one-party communist state, had managed to become the host for a cultural forum in 1985. In Vienna, the Soviet delegation had boldly proposed holding a follow-up meeting on human rights in Moscow. However, Czechoslovakia—unlike Hungary, Poland or even the Soviet Union under Gorbachev—remained a firmly hardline communist regime through the 1980s, with significant restrictions on civil society.  According to the U.S. Department of State at the time, freedom of assembly was severely restricted. Efforts to hold independently organized meetings or demonstrations systematically resulted in arrests, criminal prosecutions, assaults on persons attempting to hold such events, sometimes using water cannon, dogs, tear gas and truncheons.  Nevertheless, as the Prague symposium approached, the United States had still not taken a position in Vienna on the Czechoslovak proposal. Earlier in the year, authorities in Czechoslovakia disrupted efforts by independent peace activists to hold a meeting in Prague by refusing to allow foreigners to enter the country to participate. If Czechoslovakia was unwilling to allow openness and access at such meetings, was it fit to serve as the host of a Helsinki process follow-up meeting? The November meeting would be kind of a test. My handler from the U.S. Embassy welcomed to my visit. The United States had recently declared a Czechoslovak diplomat in Washington persona non grata for actions inconsistent with his diplomatic status, a euphemism for spying. The U.S. Embassy, then led by Ambassador Shirley Temple Black, assumed it was only a matter of time before the Czechoslovak regime would kick an American out of Prague in retaliation. The embassy thought it might avoid that outcome if it cut off ties with dissidents. My visit gave the embassy’s political officer an opportunity to resume those ties.  Still, he warned me, I might be the convenient target of retaliation. Czechoslovakian authorities allowed foreign participants to attend the symposium, but by the time my plane landed, the principal organizers of the event, including Vaclav Havel, had been arrested. I was deposited at the Hotel Jalta, along with  others who had come from abroad to participate. The small black and white television in my room had a neatly typed card in front of it that said in English, “Do not attempt to change the station.” I spun the dial at every opportunity.  This is where I first met Max van der Stoel, the former Dutch Foreign Minister and man of inestimable integrity who later became the OSCE High Commissioner on National Minorities.  Eventually, Vaclav Havel was released, and I met with him and other dissidents before heading to a “parallel” symposium on “8s” organized by exiles in Vienna. In Vienna, I also reported to the head of the U.S. delegation to the Vienna Follow-up Meeting, Ambassador Warren Zimmerman, about the events in Prague. On November 15, 1988, Ambassador Zimmerman announced the U.S. position on the Czechoslovak bid to host a follow-up meeting, noting that the lack of openness and access made U.S. endorsement impossible: . . . [T]he pattern of repression in Czechoslovakia, together with the persistent efforts of the Czechoslovak delegation to secure approval for Prague as host of an economic follow-up, lead me to state for the record the U.S. position on the candidacy of Czechoslovakia . . .  [A] prospective host should reflect commitment to openness and access, for its visitors and for its own citizens, that has been so well exemplified by the government of Austria at the Vienna meeting. By this simple and reasonable standard, the government of Czechoslovakia fails – and fails abysmally. For that reason, the United States will not join any proposal that any post-Vienna meeting be held in Czechoslovakia. That decision is irrevocable; it will not be subject to review or change during the life of the Vienna meeting. In June 1989, an American diplomat – my control officer for the November symposium – was declared persona non grata by the Czechoslovak authorities, in retaliation for the U.S. expulsion of another Czechoslovak diplomat from Washington, and expelled one-month short of the end of his three-year tour. In November 1989, the communist police violently broke up a peaceful pro-democracy demonstration and brutally beat many student participants. They also planted a false story in the opposition that a student demonstrator had been beaten to death. The secret police thought they would be able to reveal that the opposition report of a fatality was false and thereby discredit the growing dissident movement. Their plan backfired. Instead, as journalist Mary Battiata wrote, “a half-baked secret police plan to discredit a couple of dissidents apparently boomeranged and turned a sputtering student protest into a national rebellion.” The United States continues to advocate for openness and access for civil society at meetings organized in the Helsinki process.  Hopefully, it will continue to do so with the same firmness and determination it did 30 years ago.

  • Beyond Tolerance

    George Washington penned a letter to the Touro Synagogue of Newport, Rhode Island in 1790, underscoring that “everyone shall sit in safety under his own vine and fig tree, and there shall be none to make him afraid.” Washington envisioned an America where religious pluralism was not just present but actively protected. This briefing examined the role of faith in the public square as a good in and of itself and as a public good. Eric Treene, Special Counsel for Religions Discrimination in the Civil Rights Division of the U.S. Department of Justice, noted a duality in the spirit of the American Constitution’s Establishment Clause and the 1777 Virginia Statute for Religious Freedom: neither should someone be forced to support a certain faith nor should he be made to suffer on account of his faith. Treene reemphasized that natural law solidifies our inalienable right to pursue religion and that the founding fathers believed that pluralism must not exclude certain religions. Treene said the Department of Justice strives to defend sincere and “deeply held” religious beliefs while permitting faith to flourish as much as possible without government intervention. Beyond the external ability to worship, Father Deacon Andrew Bennett, Canada’s first Ambassador for Religious Freedom and Director of the Cardus Religious Freedom Institute, underscored faith’s meaningful ability to address metaphysical and existential questions which have been answered by a myriad of faith traditions. Pluralism means that differing ethical and moral views are to be protected insofar as they are non-violent. Fundamentally, pluralism demands freedom of religion, and Father Deacon Bennett argued that a pluralistic society best promotes human flourishing. Dr. Sophie van Bijsterveld, Senator in the Dutch Parliament and Professor of Religion, Law and Society at Radboud University, noted that respect and tolerance, which are often invoked in the context of pluralism, are not clearly defined. To achieve these coexistent ends, she borrowed terms from the former Archbishop of Canterbury Rowan Williams to argue that government authorities may employ “programmatic secularism,” which deters religious activity, or “procedural secularism,” which welcomes religious activity. A contextual understanding of the word “secular” matters especially to current debates over the intersection between values and controversial political subjects like immigration, integration, foreign influencing, and radicalization, etc. Democratic governments struggle to define secularism, and they are further beset by broader definitions from international bodies like the European Court of Human Rights which seeks to protect religious liberties individually yet universally.   Equal treatment among varying cases has been a challenge, as Dr. van Bijsterveld noted that “equal treatment applies in equal circumstances [but] equal treatment…is not necessarily identical treatment.” While the legal uncertainty resulting from diverse religious practice does pose a challenge to legal institutions, overreliance on secularism in the name of fairness could also threaten equal treatment of religious activities. Ideally, secularism is a neutral ideology, but in Canada, Father Deacon Bennett expressed concern over a “prescribed diversity” and understanding of secularism which might fetter religious freedom. Under “prescribed diversity,” official support for any one ideology risks belittling or demonizing other forms of religious expression under what Father Deacon Bennett termed “illiberal totalitarianism in the public square.” A balance must be maintained so that faith is not reduced to an entirely private affair, compelling faith to vacate the public square. Treene commented on this difficult tension through the example of French laïcité, government-enforced secularism in the public square. The French government has not been a neutral referee in the fight between secularism and religious expression, and controversial decisions like the French headscarf ban have endeavored to solidify a secular foundation in the public square, arguably at the expense of religious expression. The degrees to which religion should counteract secularism or vice versa will continue to be debated, but the panelists all concurred that it is the role of society to respect inherent human dignity and to respect others’ rights to freedom of conscience, expression and association. As Dr. van Bijsterveld noted, this also includes mutual understanding between public authorities and religious communities. The implication of such cooperation is especially significant in a politically polarized society because greater amounts of religious freedom correlates with decreased levels of social conflict, according to recent scholarship at the Religious Freedom Research Project. Following George Washington’s encouragement of diverse religious practice in 1790’s America, we too should respect faith’s essential place in the public square in 2018, panelists argued.

  • Faith in the Public Square to Be Discussed at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: BEYOND TOLERANCE Faith in the Public Square Monday, October 29, 2018 2:30 p.m. Russell Senate Office Building Room 188 Live Webcast: www.facebook.com/HelsinkiCommission Religious freedom is enshrined in the constitution and laws of the United States, Canada, and many western European countries. As participating States of the Organization for Security and Cooperation in Europe, they have repeatedly affirmed that religious freedom is a fundamental freedom and committed to respecting it. But over the past few decades, there have been shifts to language and attitudes of “tolerance” regarding faith in the public square. This briefing will examine faith in the public square as a good in and of itself, a social good, and essential for modern democracy. Panelists will discuss the interplay between public expressions of faith and law, policy, culture, society, and human flourishing in the United States, Canada, and Europe. They will also discuss philosophy underpinning original and shifting understandings of faith in the public square. The following panelists will offer brief remarks, followed by questions: Eric Treene, Special Counsel for Religious Discrimination, Civil Rights Division, U.S. Department of Justice Rev. Dr. Andrew Bennett, Canada’s Ambassador for Religious Freedom (2013-2016); current Director, Cardus Religious Freedom Institute Dr. Sophie van Bijsterveld, Senator, Dutch Parliament, and Professor of Religion, Law and Society, Radboud University

  • Chairman Wicker Welcomes Release of Pastor Andrew Brunson

    WASHINGTON—Following the court-ordered release of U.S. pastor Andrew Brunson from house arrest in Turkey today, Helsinki Commission Chairman Sen. Roger Wicker (MS) issued the following statement: “I welcome the release of Pastor Brunson from house arrest and look forward to his return to the United States. The charges against him are baseless, and he should never have served a single day in jail. Thousands of Americans have been praying for this outcome. While this is a positive step by the Government of Turkey, I again urge the administration not to lift the Global Magnitsky sanctions currently in place on Turkish officials involved in the ongoing, unjust detention of American citizens and consulate employees. There is no room in NATO for hostage-taking.” Pastor Brunson was first detained by Turkish authorities on October 7, 2016, and subsequently charged with supporting a terrorist organization and committing espionage. He was transferred to house arrest this July after more than a year in prison. Several other American citizens, including NASA scientist Serkan Gölge, and two Turkish employees of U.S. consulates have also been detained and charged with terrorism offenses with no evidence to support the claims. A third consulate employee remains under house arrest on dubious charges. In September 2018, Chairman Wicker called for U.S. sanctions on Turkey’s justice and interior ministers to continue until all wrongfully detained Americans and locally employed staff of U.S. consulates in Turkey are free. Ending these unjust detentions would be the next step in reestablishing positive relations between the United States and Turkey. In November 2017, the Helsinki Commission held a hearing on the detention of American citizens and U.S. consulate employees in Turkey. A month earlier, Helsinki Commission leaders called on President Erdogan to lift the state of emergency imposed in July 2016 after the failed military coup against his government. Turkey ended its two-year-long state of emergency in July 2018, but shortly thereafter the Grand National Assembly approved legislation enshrining many of President Erdogan’s controversial emergency decrees. Ahead of the May 2017 meeting between President Donald Trump and Turkish President Recep Tayyip Erdogan, Helsinki Commission leaders also urged President Trump to seek guarantees that U.S. citizens and locally employed staff jailed in Turkey will have their cases promptly and fairly adjudicated.

  • Politically-Motivated (In)Justice

    Since 2008, Lithuanian judge and parliamentarian Neringa Venckiene has been seeking justice for her young niece, who was allegedly sexually molested by two Lithuanian government officials. Despite a court ruling that there was enough evidence to indict the child’s mother for facilitating the molestation, the niece was taken from Judge Venckiene and returned to the mother’s care, preventing the girl from testifying further in an ongoing trial against her alleged abusers.  In 2013, Judge Venckiene fled Lithuania to seek political asylum in the United States, fearing retribution not only for her efforts to protect her niece but also for her leadership in a new anti-corruption political party.  Lithuanian prosecutors have charged Judge Venckiene with at least 35 crimes, ranging from petitioning the court on her niece’s behalf, to speaking to journalists about the case, to bruising an officer during her struggle to keep her niece from being returned to the accused mother. Five years after arriving in the United States, Judge Venckiene’s political asylum case has still not been heard, but U.S. authorities are moving to extradite her under the U.S.-Lithuania extradition treaty for bruising the officer who was returning the girl to the accused mother during the trial.  The hearing explored the limits of extradition among allies, especially when charges appear politically motivated. Witnesses discussed the evidence of political motivation, including statements made publicly by the recent Chairman of the Lithuanian Supreme Court calling Judge Venckiene “an abscess in the judicial and the political system,” and “the trouble of the whole state.” Several witnesses argued forcefully that these and other actions by Lithuanian authorities demonstrate blatant political motivation.  Dr. Vytautas Matulevicius, a member of the Seimas from 2012 to 2016 for the anti-corruption political party led by Judge Venckiene said, “...[T]he case of N. Venckienė itself can be regarded as a typical recurrence of the Soviet legal system—a person who talks too much about the crimes of influential people can be turned into a criminal herself.”  Human rights litigator Abbe Jolles calling Judge Venckiene’s extradition to a system with “no chance of a fair trial” a “likely death sentence.” The hearing examined other lenses through which to view the legal case for extradition. Law Professor Mary Leary explored the definitions of human trafficking established by Trafficking Victims Protection Act of 2000 (P.L. 106-386) and by the Palermo Protocol. She advised that [as has been alleged], “if evidence exists that the abusers provided financial and other benefits to the mother of the child victim, this child sexual abuse could also implicate child sex trafficking.”    Concerns were also raised about the humanitarian standards of the Lithuanian prison system. As Ms. Jolles noted, several countries have previously refused Lithuanian extradition requests over concerns of unacceptable conditions and the possibility of torture.  In addition, the United States cited Lithuania in a 2017 report for prison conditions below international standards. The litany of charges against Judge Venckiene that have been added and subtracted was also considered. In particular, the legitimacy of the charge of assaulting a police officer during the seizure of her niece was questioned.  It remains unclear why Lithuanian prosecutors did not arrest Judge Venckiene while she was living in Lithuania for a year after the alleged assault, or why they would have allowed an alleged felon to immigrate to the United States and reside there for over two years before eventually filing for her extradition.  This, again, suggested the possibility of political motivation behind the charges. The Government of Lithuania was invited to participate in the hearing, or to suggest a witness to represent its perspective, but declined. Instead, the Embassy of Lithuania provided a written statement.

  • Helsinki Commission to Explore Extradition Case of Lithuanian Judge Neringa Venckiene

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: POLITICALLY-MOTIVATED (IN)JUSTICE? THE EXTRADITION CASE OF JUDGE VENCKIENE Thursday, September 27, 2018 2:00 p.m. Rayburn House Office Building Room 2261 Live Webcast: http://www.youtube.com/HelsinkiCommission Since 2008, Lithuanian judge and parliamentarian Neringa Venckiene has been seeking justice for her young niece, who was allegedly sexually molested by two Lithuanian government officials. Despite a court ruling that there was enough evidence to indict the child’s mother for facilitating the molestation, the niece was taken from Judge Venckiene and returned to the mother’s care, preventing the girl from testifying further in an ongoing trial against her alleged abusers. In 2013, Judge Venckiene fled Lithuania to seek political asylum in the United States, fearing retribution not only for her efforts to protect her niece but also for her leadership in a new anti-corruption political party. Lithuanian prosecutors have since charged Judge Venckiene with at least 35 crimes, ranging from petitioning the court on her niece’s behalf, to speaking to journalists about the case, to bruising an officer during her struggle to keep her niece. Five years after arriving in the United States, Judge Venckiene’s political asylum case has still not been heard, but U.S. authorities are moving to extradite her under the U.S.-Lithuania extradition treaty. The hearing will explore the limits of extradition among allies, especially when charges appear politically motivated. Witnesses will also discuss whether the bilateral extradition treaty would protect Judge Venckiene from additional charges and civil suits if she were extradited. Witnesses scheduled to testify include: Karolis Venckus, Son of Judge Neringa Venckiene Dr. Vytautas Matulevicius, Member of Lithuanian Parliament, Way of Courage Party (2012-2016) Abbe Jolles, Esq., International Human Rights Litigator, AJ Global Legal Professor Mary G. Leary, Catholic University of America, Columbus School of Law

  • 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.” 

  • Bosnia & Herzegovina

    Mr. President, it is important for this Senate and this country to once again be interested in Bosnia and Herzegovina. During my time in Congress, and particularly since joining the U.S. Helsinki Commission, which I now chair, the Western Balkans have been an ongoing concern of mine. Although our relationship with all of these countries of the Western Balkans is important, the United States has a specific interest, a particular interest, in Bosnia and Herzegovina. We need to concentrate more on that. I had the opportunity in July to lead a nine-member bicameral delegation to Bosnia. The delegation sought to see more of the country and to hear from its citizens, rather than meet only in the offices of senior Bosnian officials. We visited the small town of Trebinje in the entity of Republika Srpska, and we visited the city of Mostar in the entity of the Federation. Then, we went on and visited in Sarajevo, the capital, engaging with international officials, the Bosnian Presidency, and citizens seeking a better Bosnia. Bosnia was a U.S. foreign policy priority when I came to the House in 1995. In less than a decade, Bosnia had gone from international acclaim while hosting the Winter Olympics to the scene of the worst carnage in human suffering in Europe since World War II. The conflict that erupted in Bosnia in 1992 was not internally generated. Rather, Bosnia became the victim of the breakup of Yugoslavia and the extreme nationalist forces this breakup unleashed throughout the region, first and foremost by Serbian leader and war criminal Slobodan Milosevic. The carnage and tragic conflict that occurred in the early 1990s was more than about Bosnia. It was about security in a Europe just emerging from its Cold War divisions and the international principles upon which that security was based. For that reason, the United States, under President Bill Clinton, rightly exercised leadership when Europe asked us to, having failed to do so themselves. The Clinton administration brokered the Dayton peace agreement in November 1995 and enabled NATO to engage in peacemaking and peacekeeping to preserve Bosnia's unity and territorial integrity. That was the Bosnian peace agreement. Almost a quarter of a century later, after the expenditure of significant diplomatic, military, and foreign assistance resources, the physical scars of the conflict have been largely erased. As we learned during our recent visit, the country remains far short of the prosperous democracy we hoped it would become and that its people deserve. Mostar, a spectacular city to visit, remains ethnically divided with Bosniak and Croat students separated by ethnicity in schools, even inside the same school buildings. Bosnian citizens, who are of minority groups, such as Jews, Romanis, or of mixed heritage, still cannot run for certain political offices. This is 2018. They can't run for State-level Presidency, simply because of their ethnicity. Neither can Bosniaks and Croats in Republika Srpska or Serbs in the Bosnian Federation run for the Presidency because of their ethnicity, in Europe in 2018. Nor can those numerous citizens who, on principle, refuse to declare their ethnicity because it should not replace their real qualifications for holding office. This goes on despite repeated rulings by the European Court of Human Rights that this flaw in the Dayton-negotiated Constitution must be corrected. In total, well over 300,000 people in a country of only 3.5 million fall into these categories despite what is likely their strong commitment to the country and to its future as a multiethnic state. This is simply wrong, and it needs to end. In addition, youth employment in Bosnia is among the highest in the world, and many who can leave the country are doing so, finding a future in Europe and finding a future in the United States. This denies Bosnia much of its needed talent and energy. Civil society is kept on the sidelines. Decisions in Bosnia are being made by political party leaders who are not accountable to the people. They are the decision makers. The people should be decision makers. Corruption is rampant. Ask anyone in Europe, and they will tell you, Bosnia's wealth and potential is being stolen by corruption. General elections will be held in October with a system favoring the status quo and resistance to electoral reforms that would give Bosnians more rather than fewer choices. The compromises made two and a half decades ago in Dayton to restore peace and give the leading ethnic groups--Bosniaks, Serbs, and Croats-- an immediate sense of security make governance dysfunctional today. Two-and-a-half-decades-old agreements make governance inefficient today in Bosnia. Collective privileges for these groups come at the expense of the individual human rights of the citizens who are all but coerced into making ethnic identity their paramount concern and a source of division, when so many other common interests should unite them. Ethnically based political parties benefit as they engage in extensive patronage and corruption. Beneath the surface, ethnic reconciliation has not taken hold, and resulting tensions can still destabilize the country and even lead to violence. Malign outside forces, particularly Vladimir Putin's Russia but also influences from Turkey and Gulf States, seek to take advantage of the political impasse and malaise, steering the country away from its European and Euro-Atlantic aspirations. As a result of these developments, Bosnia and Herzegovina is not making much progress, even as its neighbors join NATO and join the EU or make progress toward their desired integration. In my view, we should rightly credit the Dayton agreement for restoring peace to Bosnia. That was 25 years ago, but it is regrettable the negotiators did not put an expiration date on ethnic accommodations so Bosnia could become a modern democracy. As one of our interlocutors told us, the international community, which has substantial powers in Bosnia, has steadily withdrawn, turning over decision making to Bosnian officials who were not yet committed to making the country work and naively hoping the promise of future European integration would encourage responsible behavior. That has not happened. Of course, we can't turn back the clock and can't insert that expiration date on the Dayton agreement, but having made a difference in 1995, we can and should help make a difference again today. It is in our national security interest that we do so. I suggest the following. The United States and our European friends should state, unequivocally, that Dayton is an absolute baseline, which means only forward progress should be allowed. Separation or new entities should be declared to be clearly out of the question. Secondly, U.S. policymakers should also remind everyone that the international community, including NATO, did not relinquish its powers to Bosnia but simply has chosen to withdraw and exercise them less robustly. We should seek an agreement to resurrect the will to use these powers and to do so with resolve if growing tensions make renewed violence a credible possibility. Next, the United States and Europe should adopt a policy of imposing sanctions on individual Bosnian officials who are clearly engaged in corruption or who ignore the Dayton parameters, Bosnian law, and court rulings in their work. Washington has already done this regarding Republika Srpska President Milorad Dodik, and just recently, Nikola Spiric, a member of Bosnia's House of Representatives. However, the scope should be expanded, and European capitals need to join us in this regard. Senior U.S. officials, as well as Members of Congress, should make Sarajevo a priority. I hope more of our Members will visit Bosnia and increase our visibility, demonstrate our continued commitment, and enhance our understanding. Bosnia may not be ready to join NATO, but its Membership Action Plan should be activated without further delay. As soon as this year's elections are over in Bosnia, the international community should encourage the quick formation of new parliaments and governments at all levels, followed immediately by vigorous reform efforts that eliminate the discrimination in the criteria for certain offices, ensure that law enforcement more effectively serves and protects all residents, and end the corruption in healthcare and so many other violent areas of daily life. Our policy must shift back to an impetus on universal principles of individual human rights and citizen-based government. Indeed, the privileges Dayton accorded to the three main ethnic groups are not rights but privileges that should not be upheld at the expense of genuine democracy and individual rights. We, in my view, have been far too fatalistic about accepting in Bosnia what we are not willing to accept anywhere else. We also underestimate what Bosnians might find acceptable, and we should be encouraging them to support leaders based on credentials, positions, and personal integrity, not based on ethnicity. There should no longer be a reason why a Bosniak, Serb, or Croat voter should be prohibited by law from considering a candidate of another ethnicity or a multiethnic political party. All candidates and parties would do well to seek votes from those not belonging to a single ethnic group. This may take time and perhaps some effort, but it should happen sooner rather than later. Let me conclude by asserting that greater engagement is in the interest of the United States--the economic interest and the national security interest. Our country is credited with Bosnia's preservation after the country was almost destroyed by aggression, ethnic cleansing, and genocide. Thank God our country was there for Bosnia. Our adversaries--notably, but not exclusively, Russia--would like nothing more than to make an American effort fail in the end, and they would ensure that its repercussions are felt elsewhere around the globe. Current trends in Bosnia make the country an easier entry point for extremism in Europe, including Islamic extremism. If we wait for discrimination and ethnic tensions to explode again, our engagement will then become a moral imperative at significantly greater cost. The people of Bosnia, like their neighbors throughout the Balkans, know they are in Europe but consider the United States their most trusted friend, their most honest friend. They want our presence and engagement, and given the tragedies they have experienced, they have earned our support and friendship

  • Snapshot: Challenges to Press Freedom in the OSCE

    As the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) convenes the annual Human Dimension Implementation Meeting (HDIM) conference in Warsaw, Poland—the largest human rights gathering of any kind in Europe—journalists in several OSCE participating States continue to face intimidation, persecution, violence, and even imprisonment just for doing their jobs. Albania: On August 30 in Albania, the home of the father of News 24 TV crime reporter Klodiana Lala was sprayed with bullets, according to the investigative website BalkanInsight.   Fortunately, nobody was injured.  Lala has been reporting on organized crime in Albania for years. Other investigative journalists have been harassed in the past. Azerbaijan: Azerbaijan’s documented record of continued harassment of both foreign and domestic media, including intimidation through lawsuits and even imprisonment, has continued in 2018. Since early last year, the government has blocked the websites of Meydan TV, the Azadliq newspaper, Turan TV, and the U.S.-sponsored Radio Free Europe/Radio Liberty’s (RFE/RL) Azeri service, among others, effectively stifling the country’s only remaining major sources of independent news. Among those journalists investigating official corruption, Mehman Huseynov is serving a two-year sentence for defamation and Afgan Mukhtarli is serving a six-year sentence for entering the country illegally despite credible reports that he was abducted from Georgia in 2017 and brought into Azerbaijan against his will. According to news reports, Khadija Ismayilova, an investigative journalist formerly with RFE/RL who was imprisoned for 18 months in 2014-15, remains under a travel ban and met with German Chancellor Angela Merkel during her recent visit to Azerbaijan to discuss the continued harassment of the media. Bosnia and Herzegovina: On August 26, Vladimir Kovacevic, a reporter for the independent Bosnian Serb television station BNTV, was attacked and severely beaten outside of his home after reporting on an anti-government protest in Banja Luka, according to Voice of America (VOA). Belarus: On August 7-8 2018, Belarusian authorities raided several independent media outlets, confiscated hard drives and documents from offices and apartments, and detained 18 journalists, including the editor-in-chief of Tut.by, Marina Zolotova. According to press reports, the Belarusian Investigative Committee accused the targeted media outlets of illegally accessing the subscription-only news website BelTA, a crime punishable by fines and up to two years of either house arrest or prison time. While all detained journalists have been released, Belarusian authorities have prohibited them from leaving the country while the charges are being investigated, according to the Belarusian Association of Journalists. These latest actions came on the heels of other recent incidents targeting the country’s independent media. As reported by RFE/RL, Belarusian lawmakers passed controversial amendments to the country's media laws in June 2018 which they claimed were necessary to combat so-called "fake news." In July, a Minsk court sentenced Belarusian journalist Dzmitry Halko to four years in a guarded dormitory and forced labor after convicting him of assaulting two police officers. Natallya Radzina, the Poland-based chief editor of independent news site Charter97, reported she received death threats. In addition, well-known Belarusian blogger Sergey Petrukhin has been harassed and detained in recent months, according to the CPJ. Independent media outlets like Belsat TV has received at least 48 fines since the start of 2018, according to Reporters Without Borders (RSF). Croatia: In late June, the European Federation of Journalists reported that Croatian journalist and owner of Zadar News Hrvoje Bajlo was beaten up in Zadar, resulting in his hospitalization. He was also threatened with death if he continued his writings.   Montenegro: Olivera Lakić, an investigative journalist for the Montenegrin newspaper Vijesti, was wounded outside her home by a gunman on May 8, The Guardian reported.  She had been reporting on official corruption in the country.   A bomb exploded in front of the home of one of her associates earlier in the year. Russia: Russia remains a challenging place for independent media to survive, much less thrive.  Journalists remain the target of harassment, arrest, and intimidation. According to the CPJ, five journalists are currently serving prison sentences related to charges of defamation, ethnic or religious insult, or anti-state rhetoric. One of the most notable cases is that of Ukrainian filmmaker Oleg Sentsov, who was arrested by Russian authorities in Crimea, and is currently serving a 20-year prison sentence on charges of terrorism. He has been on a hunger strike since May14, 2018, calling for “the release of all Ukrainian political prisoners that are currently present on the territory of the Russian Federation.”   Many governments, including the U.S., and non-governmental groups have raised concerns about his case directly with the Russian government and called for his release. Serbia: The Association of Journalists of Serbia (UNS) said it had registered 38 cases in which journalists and media workers had reported attacks and other types of harassment since the year began.  Turkey: Turkey continues to be the world’s leading jailer of journalists, according to CPJ. In 2017, CPJ documented 73 Turkish journalists in prison; Turkish civil society groups, such as the Journalists’ Union of Turkey and P24, estimate that the number is at least twice as high (149 and 183, respectively). Most imprisoned journalists are charged with terrorism, including links to the movement led by Fethullah Gulen, whom the government accuses of masterminding an attempted coup in 2016. Over the past year, dozens have been sentenced to lengthy prison sentences, often on charges related to terrorism.  Fourteen Cumhuriyet journalists were sentenced in April, 2018, and six journalists from Zaman newspaper were sentenced in July. Even Turkish journalists living outside of Turkey are not exempt from persecution. According to the Department of State’s 2017 Human Rights Report, 123 Turkish journalists currently living in other countries are too afraid of reprisal, harassment, or arrest to return. The government has also used emergency powers to shutter nearly 200 media outlets, putting scores of journalists out of work. Meanwhile, a small group of large business conglomerates loyal to the government have consolidated their control over the vast majority of Turkey’s mainstream media. Ukraine: In a recent ruling that threatens the internationally recognized protection of a journalist’s sources, a court in Ukraine approved the prosecutor-general’s request for the cell phone data of an RFE/RL investigative reporter. The journalist is Natalia Sedletska, host of the award-winning anti-corruption TV show “Schemes: Corruption in Details,”  a joint production of RFE/RL and Ukrainian Public Television. The information requested includes phone numbers; the date, time, and location of calls, text messages, and other data, which the prosecutor-general’s office claims is needed as part of a criminal investigation. During the period covered by the request, however, the program Schemes has reported on several investigations of senior Ukrainian officials, including the prosecutor-general.  The brutal murders of Jan Kuciak and his fiancé in Slovakia and Daphne Caruana Galizia in Malta are stark reminders of the tremendous risks investigative journalists take to expose crime and corruption within the government. While public outrage over Kuciak’s killing led to the resignation of multiple cabinet officials in Slovakia, so far there have been no indictments for the crime. In Malta, three people have been indicted in connection with Galizia’s murder, but those who ordered the assassination remain at large. In the United States, five journalists at the Capital Gazette in Annapolis, MD, were brutally murdered in June by a gunman who allegedly was disgruntled by an article the Gazette had written regarding his arrest and subsequent probation for harassing former high school classmates on social media. This is merely a snapshot of the daily challenges and real danger that journalists, editors, and media professionals face in many OSCE participating States. Despite politically charged global rhetoric about the role and purpose of the media, freedom of speech remains a cornerstone of any functioning democracy, and a reliable, trustworthy, and professional media free to do its job without harassment or threat is essential.

  • U.S. Holds Historic Ministerial to Advance Religious Freedom

    By Nathaniel Hurd, Senior Policy Advisor From July 24-26, 2018, U.S. Secretary of State Mike Pompeo hosted the first Ministerial to Advance Religious Freedom in Washington, D.C. U.S. Ambassador-at-Large for International Religious Freedom and former Helsinki Commission Chairman Sam Brownback coordinated the event, which brought together governments, religious leaders, non-governmental organizations, and the private sector to “to discuss challenges, identify concrete ways to combat religious persecution and discrimination, and ensure greater respect for religious freedom for all.” The United States invited 81 governmental delegations from “countries that have a demonstrated record for advancing religious freedom and are committed to promoting Article 18 of the Universal Declaration of Human Rights, or that recently have taken meaningful steps to begin to do so.” Participating countries included four from North America; seven from South America; nine from Africa; 36 from Europe; nine from the Middle East; 14 from Asia; one from Oceana; and Australia. Foreign ministers led 13 delegations. Forty of the countries represented are participating States of the Organization for Security and Cooperation in Europe. The OSCE, European Union, and United Nations also took part, along with more than 400 leaders from religious groups and non-governmental organizations. Uzbekistan was the only governmental participant that had been designated by the United States as a Country of Particular Concern because of particularly severe religious freedom violations like torture, prolonged detention without charges, or clandestine detention. In remarks on the final day of the ministerial, Secretary Pompeo stated, “We applaud the steps that Uzbekistan is taking towards a more free society. We have great confidence that a degree of religious freedom greater than before will have a positive ripple effect on their country, their society, and the region as well.” Ministerial Activities During the event, survivors of religious persecution or their representatives—including Jacqueline Brunson Furnari, daughter of imprisoned American pastor Andrew Brunson—spoke to the full assembly. Furnari testified at a November 2017 Helsinki Commission hearing, “Prisoners of the Purge: The Victims of Turkey's Failing Rule of Law,” where she pleaded for her father’s release. When Ambassador Brownback reported that Turkish authorities had transferred Pastor Brunson—who had been jailed since October 2016 on false charges of terrorism, espionage, and attempting to overthrow the state—from prison to house arrest, attendees applauded. Other speakers included representatives from Burma, China, North Korea, Vietnam, Pakistan, Iran, Iraq, Nicaragua, and Sudan.    Plenary sessions focused on religious persecution around the world and opportunities to work together to advance religious freedom. The ministerial also featured panel discussions on private sector engagement, religious freedom grant opportunities at the State Department, effective advocacy on behalf of religious minorities, preventing genocide and mass atrocities, the relationship between religious freedom and economic prosperity; religious freedom in the context of countering violent extremism; legal limitations on religious freedom; religious freedom and women’s rights; the needs of displaced minorities during humanitarian emergencies; and cultural heritage. During the ministerial, the United States also presented “Statements of Concern” to the delegations regarding repression in Burma, China, and Iran; “Counterterrorism as a False Pretext for Religious Freedom Repression;” and “Religious Freedom Repression by Non-State Actors, including Terrorist Groups.” Twenty-four participating governments joined the United States as signatories on at least one statement of concern. The governments of Armenia, Brazil, Canada, Denmark, Estonia, Georgia, Israel, Kosovo, Oman, Poland, Sri Lanka, and United Kingdom signed all three thematic statements of concern. The governments of Canada and Kosovo signed all three country-specific statements of concern. Speaking at the event, former U.S. Congressman Frank Wolf, author of the landmark International Religious Freedom Act of 1998, said, “Religious freedom is deeply imbedded in our own legal tradition reaching all the way back to the Magna Carta, but is also understood as a necessity for human dignity by the international community ... I stand before you today with a grave and growing sense of urgency regarding the erosion of religious freedom around the globe. All over this world, people are denied the fundamental and inalienable human right to confess and express their beliefs according to the dictates of their conscience.” Senior U.S. government officials who addressed non-governmental representatives over the ministerial included Vice President Mike Pence; Secretary of State Mike Pompeo; Deputy Secretary of State John Sullivan; Ambassador-at-Large for International Religious Freedom Sam Brownback; Director of the Office of Management and Budget Mick Mulvaney; Administrator of the U.S. Agency for International Development Mark Green; Assistant Secretary for Educational and Cultural Affairs Marie Royce; Assistant Secretary, Bureau of Public Affairs Michelle Giuda; Senior Policy Advisor to the Secretary of State and Director of the Secretary’s Policy Planning Staff Brian Hook; Senior Advisor in the Office of the Under Secretary for Civilian Security, Democracy and Human Rights Pam Pryor; and Special Advisor for Religious Minorities in the Near East and South/Central Asia Knox Thames. There were more than 15 side events during the ministerial, organized by members of Congress, the U.S. Commission on International Religious Freedom, and the Religious Freedom Roundtable and its members. Topics included Christians in the Middle East, parliamentarian engagement on religious freedom, Southeast Asia, India, politicization of religious freedom and human rights, Baha’is in Iran and Yemen, China, securing U.S. government grants, Russia, parental rights, technology, security and religious freedom, violent conflict, and fragile states. Follow-Up Actions During the ministerial, Secretary Pompeo unveiled the Boldline Religious Freedom plan, the State Department’s “partnership accelerator aimed to support and scale innovative public-private partnerships…to promote and defend religious freedom around the world.” In October 2018, the first Boldline workshop will convene civil society organizations, public institutions, corporations, innovation companies, entrepreneurship support organizations, and financial institutions. On the final day of the ministerial, Vice President Mike Pence announced two new initiatives. The International Religious Freedom Fund is designed to help governments and entities that already promote freedom of religion and belief extend financial support to initiatives that address the barriers to freedom of religion or belief, or provide assistance to those facing discrimination on the basis of religion or belief. The Genocide Recovery and Persecution Response Program will facilitate partnerships with local faith and community leaders to rapidly deliver aid to persecuted communities, beginning with Iraq. Following the ministerial, the United States also issued the Potomac Declaration, which reaffirmed the U.S commitment to freedom of religion or belief, and proposed the Potomac Plan of Action to defend the freedom of religion or belief, confront legal limitations, advocate for equal rights and protections for all (including members of religious minorities), respond to genocide and other mass atrocities, and preserve cultural heritage.

  • Remember Their Names: Eight Journalists Killed in the OSCE Region in 2018

    By Teresa Cardenas, Max Kampelman Communications Fellow Jan. Maksim. Zack. Gerald. John. Rob. Wendi. Rebecca. These are the names of journalists who have been killed in the OSCE region so far this year, according to reports from the Committee on Protecting Journalists (CPJ). This list includes journalists from Slovakia, Russia, and the United States, the latter reaching its record-high since CPJ began tracking journalist deaths in 1992. Beyond these eight, 49 individuals around the world—journalists, photographers, cameramen, editors, and other workers in media organizations—were killed in 2018. Ten were killed during a dangerous assignment or got caught in crossfire. Twenty-five people were murdered. In 14 cases, the motives behind the killings are still unknown. These numbers will likely grow between now and the end of 2018. CPJ’s report has yet to include the recent execution of three investigative reporters from Russia in the Central African Republic, or the brutal murder of Moscow reporter Denis Suvorov earlier in July. The Helsinki Final Act recognizes the freedom of the media—including the protection of journalists—as a fundamental human right. Media freedom is a primary focus of the September 2018 Human Dimension Implementation Meeting of OSCE participating States. Jan Kuciak (Slovakia) Kuciak was an investigative journalist for Aktuality.sk, a Slovakian news website reporting on government tax fraud, until he and his fiancée were killed, execution-style, on February 21, 2018. He covered tax evasion at the highest levels of government and reported on the Italian mafia’s dominating influence in Slovakia. His final report—completed by colleagues—revealed a complex web of connections between government officials and a syndicate of the Italian mafia and accused the network of conspiring to steal funds from the European Union. This report is seen by many as the cause of his and his fiancée’s brutal murders. Kuciak was the first Slovak journalist to be killed because of his profession since the country’s independence in 1993. His murder led to widespread protests in Slovakia and the Czech Republic, followed by the resignations of the Slovak prime minister and other government officials. As of August 8, 2018, no one has been charged in connection to his murder. Kuciak’s death was one of the two journalists at the center of Helsinki Commission briefing, A Deadly Calling. Maksim Borodin (Russia) A 32-year-old Russian journalist based in Yekaterinburg, Borodin wrote about corruption before falling from a fifth-floor balcony on April 12, 2018. Shortly before his death, Borodin had reported on the Wagner Group, a Russian paramilitary group that has reportedly been active in Syria and Ukraine. Four months later, three Russian journalists were killed while investigating the alleged presence of the Wagner Group in the Central African Republic. Though the circumstances of his death remain murky, Borodin reported on clandestine and secretive military issues, thus leaving the circumstances around his death suspicious. CPJ reports his death fits a pattern similar to the deaths of other Russia journalists who covered particularly sensitive issues that had a potential of repercussions from authorities. No one has been charged in connection with his murder. Zachary “ZackTV” Stoner (United States) Zack Stoner, appearing on social media as “ZackTV,” was a Chicago-based YouTube persona who interviewed local up-and-coming rappers and hip-hop artists. He was well-recognized within his community, and his death shocked his audience and the subjects of his interviews. Assailants shot and killed Stoner as he was driving away from a concert on May 30, 2018. Stoner was known for investigating news ignored by more traditional media and covering issues that lacked visibility in Chicago. One of his most notable stories was the mysterious death of Kenneka Jenkins, a 19-year-old from Chicago whose body was found in a hotel freezer. Stoner was the first slain American journalist of 2018. No motive has emerged for his murder and no arrests have been made in the case. Gerald Fischman (United States) Fischman was one of five employees of the local Annapolis, Maryland newspaper, The Capital Gazette, who were murdered after a gunman opened fire in their newsroom on June 28, 2018. A columnist and editorial page editor with a shy demeanor and quick wit, Fischman worked for The Capital Gazette for more than 25 years and received numerous awards for his reporting. Prior to joining the paper, he studied journalism at the University of Maryland and worked at The Carroll County Times and The Montgomery Journal. Gunman Jarrod Ramos, targeted the Capital Gazette newsroom following a dispute over a 2011 article detailing his arrest and subsequent probation for harassing former high school classmates on social media. He has pleaded not guilty to charges of murder and attempted murder. John McNamara (United States) Another of the five victims of The Capital Gazette shooting in Maryland, McNamara covered local sports for nearly 24 years, and was an editor and reporter for The Capital’s regional publication, The Bowie Blade-News. An avid sports fan, he wrote two books about the history of football and men’s basketball at his alma mater, the University of Maryland. According to the Baltimore Sun, was in the process of writing a book about professional basketball players who were raised in the DC metro area when he died. Rob Hiaasen (United States) Hiaasen, a journalist and editor for The Capital Gazette, had a long and illustrious career in North Carolina, Florida, and Maryland. Primarily a feature writer, he became a local columnist when he joined The Capital Gazette in 2010. He also taught at the University of Maryland’s Philip Merrill School of Journalism, where he mentored young and aspiring journalists. He wrote stories about anything and everything local: a homeless man who passed away, and how the community planned a proper burial; an inmate on death row who was the first person to be released from prison due to DNA evidence; a Florida dentist who passed HIV onto his patients, one of the first signs of clinical transmission of the disease; and more. Wendi Winters (United States) Winters, a fashion-professional-turned-journalist, worked in the Annapolis area for 20 years until her murder in 2018. Starting out as a freelancer journalist for The Capital Gazette, she immersed herself into her community and became locally known for being the go-to contact on covering stories on a short notice. According to the Baltimore Sun, she wrote more than 250 articles each year. One of her most notable stories was one she did not write, but lived. According to fellow reporters and sales assistants at The Capital Gazette, Winters charged the gunman in the middle of his rampage. Her actions might have saved the lives of the six survivors. Rebecca Smith (United States) Smith, a recently hired sales associate at The Capital Gazette, was the only non-journalist employee of a media organization killed in the OSCE region in 2018 to date. Her colleagues considered her an asset to their team after only working for the publication for seven months. She is remembered as being a kind, thoughtful, and generous friend, and fiercely dedicated to her family.

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