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briefing
Mosque and State in Central Asia
Monday, December 17, 2018From 2016 to early 2018, the U.S. government designated three of Central Asia’s five nations—Tajikistan, Turkmenistan, and Uzbekistan—as countries of particular concern (CPC) for engaging in or tolerating “particularly severe violations of religious freedom” like torture, abduction, and clandestine or prolonged detention without charges. In these countries, people of all faiths, or no faith at all, have endured onerous government-mandated harassment, fines, and imprisonment for even minor breaches of state regulations of religious belief and practice. To ensure regime stability and counter violent extremism, the governments of some Central Asian Muslim-majority countries impose strict and invasive violations of religious liberty on adherents of the Islamic faith. Islamic religious institutions and leaders are fully incorporated into the state bureaucracy. Exploring the faith outside the bounds of “official Islam” is forbidden and illegal. The Helsinki Commission convened an expert panel of regional and Islamic scholars to explain the different approaches to state regulation of Islam in Central Asia and the consequences of these policies for religious freedom, radicalization, and long-term political stability and social development.
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press release
Helsinki Commission Briefing to Examine Relationship Between Mosque and State in Central Asia
Thursday, December 13, 2018WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: MOSQUE AND STATE IN CENTRAL ASIA Can Religious Freedom Coexist with Government Regulation of Islam? Monday, December 17, 2018 3:00 p.m. Dirksen Senate Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission From 2016 to early 2018, the U.S. government designated three of Central Asia’s five nations— Tajikistan, Turkmenistan, and Uzbekistan—as countries of particular concern (CPC) for engaging in or tolerating “particularly severe violations of religious freedom” like torture, abduction, and clandestine or prolonged detention without charges. In these countries, people of all faiths, or no faith at all, have endured onerous government-mandated harassment, fines, and imprisonment for even minor breaches of state regulations of religious belief and practice. To ensure regime stability and counter violent extremism, the governments of some Central Asian Muslim-majority countries impose strict and invasive violations of religious liberty on adherents of the Islamic faith. Islamic religious institutions and leaders are fully incorporated into the state bureaucracy. Exploring the faith outside the bounds of “official Islam” is forbidden and illegal. The Helsinki Commission will convene an expert panel of regional and Islamic scholars to explain the different approaches to state regulation of Islam in Central Asia and the consequences of these policies for religious freedom, radicalization, and long-term political stability and social development. The following panelists are scheduled to participate: Kathleen Collins, Associate Professor, Political Science, and Russian and Eurasian Studies, University of Minnesota Edward Lemon, DMGS-Kennan Institute Fellow at the Daniel Morgan Graduate School of National Security Emil Nasrutdinov, Associate Professor of Anthropology, American University of Central Asia Peter Mandaville, Professor of International Affairs, Schar School of Policy and Government, George Mason University On December 11, 2018, Secretary of State Michael Pompeo re-designated Tajikistan and Turkmenistan as CPCs. He upgraded Uzbekistan to the Special Watch List—it had been previously designated as a CPC—based on recent progress. In June 2018, Helsinki Commission Chairman Sen. Roger Wicker (MS) urged Secretary of State Pompeo to consider inviting Uzbekistan to the first Ministerial to Advance Religious Freedom because of significant steps taken by President Mirziyoyev to bring Uzbekistan into compliance with its international commitments to respect religious freedom. Later that month, he introduced the bipartisan Senate Resolution 539 calling on President Trump to combat religious freedom violations in Eurasia with a mix of CPC and Special Watch List designations, individual and broader sanctions, and development of a strategy specifically for the region. In early July, the Parliamentary Assembly of the Organization for Security and Cooperation in Europe passed Chairman Wicker’s amendments recognizing the ongoing reforms of the government of Uzbekistan. A few weeks later Chairman Wicker met with Uzbekistan’s delegation to the Ministerial to Advance Religious Freedom—the only CPC invited—and highlighted the opportunity for Uzbekistan to be a model to other countries if the government follows through with essential reforms
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hearing
Religious Freedom in Eurasia
Tuesday, December 11, 2018In his first Congressional hearing since his confirmation, Ambassador Brownback testified on religious freedom in participating States of the Organization for Security and Cooperation. OSCE commitments on human rights and freedoms are the strongest, most comprehensive of any security organization in the world. Yet some of its participating States chronically have been among the worst violators of religious freedom–often in the name of countering terrorism or extremism–and designated by the United States as Countries of Particular Concern. The Frank Wolf International Religious Freedom Act, Public Law 114-281, requires the President to release Country of Particular Concern designations–required by the International Religious Freedom Act of 1998–no later than 90 days after releasing the annual International Religious Freedom Report. The State Department issued the latest report on the day of the hearing. The Helsinki Commission explored the designations, as well as religious freedom in Western Europe, including potentially restrictive amendments to the religion law in Bulgaria; restrictions on religious animal slaughter; restrictions on construction of houses of worship; and conscience rights.
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briefing
Beyond Tolerance
Monday, October 29, 2018George 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.
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press release
Faith in the Public Square to Be Discussed at Helsinki Commission Briefing
Tuesday, October 23, 2018WASHINGTON—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
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article
First Person: Encountering Auschwitz
Monday, September 24, 2018By Rachel Bauman, Policy Advisor During the annual OSCE Human Dimension Implementation Meeting (HDIM) in Warsaw, I joined 21 other members of the U.S. delegation on my first visit to the Auschwitz-Birkenau Memorial Museum, the site of the former concentration and death camp in Nazi-occupied Poland. The mass murder of Jews, Poles, Romani people, Soviet political prisoners, and other groups by the Nazi state is almost too monstrous for comprehension, especially from a distance. Fewer and fewer Holocaust survivors remain, and though many of their memories have been preserved, soon there will be no witnesses to speak to the horrors of the past. What remains of Auschwitz-Birkenau, perhaps the most notorious death camp, is a testament to the millions of people slaughtered by the Nazi regime. Auschwitz I, though significantly smaller than Birkenau, is largely intact, and houses powerful exhibitions giving a deeply personal glimpse into a tragedy that often seems too large to grasp. For me, the faceless masses of black-and-white history book photos were brought into sharp relief through collections of objects found after Soviet forces liberated Auschwitz on January 27, 1945. Enormous piles of eyeglasses, human hair shaved from the bodies of women dragged from the gas chambers, and children’s shoes were on display as a reminder of the simple trappings of humanity denied to the victims. We laid a wreath at the Wall of Death, an execution site, and finished the tour with a silent walkthrough of a gas chamber, illuminated by the holes in the ceiling from which Zyklon-B pellets rained down on the trapped prisoners. At Birkenau, we walked along the original train tracks where wagonloads of people were selected to either die in the gas chambers or labor in terrible conditions in which disease, starvation, and exposure meant that the average prisoner perished mere months after arrival. The remains of the killing factory, hastily destroyed upon the approach of the Soviets, are a haunting illustration of the scale of Nazi atrocities. The final death toll of Auschwitz is estimated at 1.3 million, with Jews accounting for about 90 percent of the murdered. One in six Jews killed during the Holocaust were killed at Auschwitz. The evils of anti-Semitism, racism, and persecution of minority groups still exist today. At the Birkenau memorial to the victims, Ambassador Brownback reminded us that the United States must continue to defend human rights around the world. Helsinki Commission Chief of Staff Kyle Parker (left) and Ambassador at Large for International Religious Freedom Sam Brownback (right) lay a wreath at Auschwitz at the Death Wall where those who attempted to escape were shot. As we prepared to depart, the clouds lifted over Birkenau, revealing a sunny sky, in stark contrast with the heavy grief of the morning. Each of us processed the visit differently, but all experienced a renewed sense of the importance of our mission upon returning to the HDIM.
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article
The Human Dimension is a Parliamentary Priority
Friday, September 21, 2018Each 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).
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article
Viewing Security Comprehensively
Monday, September 17, 2018By 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.”
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statement
Special Envoy to Monitor and Combat Anti-Semitism Act of 2018
Thursday, September 13, 2018Mr. Speaker, I rise today in support of H.R. 1911, the Special Envoy to Monitor and Combat Anti-Semitism Act of 2018. This important legislation would elevate the position of Special Envoy to Monitor and Combat Anti-Semitism to the rank of Ambassador, reporting directly to the Secretary of State; as the primary advisor and coordinator for U.S. government efforts to monitor and combat Anti-Semitism and Anti-Semitic incitement in foreign countries. Many notable groups support this initiative, including the American Jewish Committee, the Anti-Defamation League, and The Jewish Federations of North America, and I am proud to stand with them to ensure that the United States continues to play a leading role in combatting Anti- Semitism across the globe. Those of us who have served on the U.S. Helsinki Commission have taken efforts to combat anti-Semitism at the international level. As Ranking Democratic Member of the United States Helsinki Commission, I have long worked with representatives of governments throughout Europe to highlight the resurgence of Anti-Semitism and elevate efforts to push back against this despicable resurgence through education, outreach, and improved security. Mr. Smith, Mr. Hoyer, Senator Cardin and I have all chaired the Helsinki Commission, and together, we have worked with several other Members of both the House and Senate, as well as with parliamentarians particularly from Germany and Canada, to have the Parliamentary Assembly of the 57-country OSCE condemn the escalation of anti-Semitic violence in Europe. We first did this at the Assembly's 2002 annual session in Berlin, Germany, and have kept it on the agenda there ever since, suggesting measures to counter anti-Semitic statements and acts of violence alike. I pushed it strongly while serving as President of the OSCE Parliamentary Assembly from 2004 to 2006, and then as chairman of the Commission from 2007 to 2008. We succeeded in getting OSCE institutions, officials and diplomatic representatives to incorporate efforts to combat anti-Semitism and other forms of intolerance into their ongoing work. I know Mr. Smith continues to raise the issue in the Assembly as the current co-chair of the Helsinki Commission, and Senator Cardin serves as the Assembly's Special Representative on Anti- Semitism, Racism and Intolerance. Ensuring that our country continues to lead in the fight against Anti-Semitism is a priority that we should all embrace. I fully support this measure and urge my colleagues to do the same.
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article
U.S. Holds Historic Ministerial to Advance Religious Freedom
Wednesday, August 22, 2018By 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.
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press release
Chairman Wicker Welcomes Progress toward Religious Freedom in Uzbekistan
Friday, July 27, 2018WASHINGTON—Following his meeting with a high-level delegation from the Government of Uzbekistan participating in this week’s first Ministerial to Advance Religious Freedom, Helsinki Commission Chairman Sen. Roger Wicker (MS) issued the following statement: “I commend Secretary Pompeo for highlighting the progress made by Uzbekistan at the Ministerial to Advance Religious Freedom this week. If Uzbekistan fully follows through with essential reforms, it can be a model for other countries that have been the worst violators of religious freedom. My discussion with Foreign Minister Kamilov, Senator Safoyev, and MP Saidov highlighted how the United States can work with Uzbekistan to strengthen religious freedom, democracy, our militaries, agriculture, and ultimately security.” The Uzbek delegation to the ministerial included Abdulaziz Kamilov, Minister of Foreign Affairs; Sodyq Safoyev, First Deputy Chairman of the Senate; and Akmal Saidov, Member of Parliament and Head of the National Human Rights Center. The Secretary of State designated Uzbekistan as a “Country of Particular Concern” for particularly severe violations of religious freedom in 2006, 2009, 2011, 2014, 2016, and January 2018, as required by the International Religious Freedom Act of 1998. On June 1, following the release of the 2017 International Religious Freedom Report, Chairman Wicker recognized the efforts made by Uzbek President Shavkat Mirziyoyev and his government to bring Uzbekistan into compliance with its international commitments to respect religious freedom. Based on that progress, Chairman Wicker encouraged Secretary Pompeo to consider inviting Uzbekistan to participate in the Ministerial to Advance Religious Freedom. On June 11, Chairman Wicker introduced a bipartisan resolution (S.Res.539) urging President Trump to take action against some of the worst violators of religious freedom in Europe and Central Asia. S.Res.539 emphasizes the positive steps that Uzbekistan has taken and calls for President Trump to develop a strategy to advance religious freedom in Eurasia that prioritizes supporting ongoing reforms in Uzbekistan. In July, the Parliamentary Assembly of the Organization for Security and Cooperation in Europe passed as part of its “Berlin Declaration” an amendment by Chairman Wicker recognizing the Government of Uzbekistan’s ongoing reforms.
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press release
Helsinki Commission Chair Welcomes Release of Pastor Brunson from Prison
Wednesday, July 25, 2018WASHINGTON—Following Pastor Andrew Brunson’s release from prison to house arrest by Turkish authorities today, Helsinki Commission Chairman Sen. Roger Wicker (MS) issued the following statement: “I welcome the long overdue decision by a Turkish court today to transfer Pastor Brunson to house arrest. This first step is a humane gesture for a falsely accused man who has endured more than 650 days in a maximum security prison. I will continue to seek full justice for Pastor Brunson, which includes his acquittal and freedom to leave Turkey.” Pastor Brunson is one of several American citizens, including NASA scientist Serkan Gölge, who have been caught up in the sweeping purge that followed the 2016 coup attempt in Turkey. Pastor Brunson spent more than year and a half in jail on national security charges. Gölge and two Turkish employees of U.S. consulates stand charged with similar terrorism offenses despite no involvement with violent activity—a situation faced by thousands of other Turks. A third consulate employee remains under house arrest on dubious charges. Last week, the four senior members of the Helsinki Commission expressed concern about Pastor Brunson’s ongoing imprisonment. 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 last week, but the Grand National Assembly earlier today approved legislation that effectively enshrines 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 jailed in Turkey will have their cases promptly and fairly adjudicated and receive full consular assistance.
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in the news
What’s really behind Putin’s obsession with the Magnitsky Act
Friday, July 20, 2018Standing by President Trump’s side in Helsinki for their first bilateral summit, Russian President Vladimir Putin made what Trump described as an “incredible” offer: He would help U.S. investigators gain access to Russian intelligence officers indicted for the 2016 election hacking, on one small condition. “We would expect that the Americans would reciprocate and they would question [U.S.] officials … who have something to do with illegal actions on the territory of Russia,” Putin said, producing the name to indicate what actions he had in mind: “Mr. Browder.” Bill Browder, an American-born financier, came to Russia in the 1990s. The grandson of a former general secretary of the Communist Party USA, Browder by his own admission wanted to become “the biggest capitalist in Russia.” He succeeded and was for a decade the country’s largest portfolio foreign investor. Whatever the sins of Russia’s freewheeling capitalism, Browder’s real crime in the eyes of the Kremlin came later, after he had been expelled from Russia in 2005. In 2008, his Moscow lawyer, Sergei Magnitsky, uncovered a tax scam involving government officials that defrauded Russian taxpayers of $230 million. He did what any law-abiding citizen would, reporting the crime to the relevant authorities. In return, he was arrested and held in detention without trial for almost a year. He was beaten and died on Nov. 16, 2009, at Moscow’s Matrosskaya Tishina prison under mysterious circumstances. Officials involved in his case received awards and promotions. In a chilling act worthy of Kafka, the only trial held in the Magnitsky case was a posthumous sentencing of himself — the only trial against a dead man in the history of Russia. It was then that Browder turned from investment to full-time advocacy, traveling the world to persuade one Western parliament after another to pass a measure that was as groundbreaking as it would appear obvious: a law, commemoratively named the Magnitsky Act, that bars individuals (from Russia and elsewhere) who are complicit in human rights abuses and corruption from traveling to the West, owning assets in the West and using the financial system of the West. Boris Nemtsov, then Russia’s opposition leader (who played a key role in convincing Congress to pass the law in 2012), called the Magnitsky Act “the most pro-Russian law in the history of any foreign Parliament.” It was the smartest approach to sanctions. It avoided the mistake of targeting Russian citizens at large for the actions of a small corrupt clique in the Kremlin and placed responsibility directly where it is due. It was also the most effective approach. The people who are in charge of Russia today like to pose as patriots, but in reality, they care little about the country. They view it merely as a looting ground, where they can amass personal fortunes at the expense of Russian taxpayers and then transfer those fortunes to the West. In one of his anti-corruption reports, Nemtsov detailed the unexplained riches attained by Putin’s personal friends such as Gennady Timchenko, Yuri Kovalchuk and the Rotenberg brothers, noting that they are likely “no more that the nominal owners … and the real ultimate beneficiary is Putin himself.” Similar suspicions were voiced after the publication of the 2016 Panama Papers, which showed a $2 billion offshore trail leading to another close Putin friend, cellist Sergei Roldugin. Some of the funds in his accounts were linked with money from the tax fraud scheme uncovered by Magnitsky. Volumes of research, hours of expert testimony and countless policy recommendations have been dedicated to finding effective Western approaches to Putin’s regime. The clearest and the most convincing answer was provided, time and again, by the Putin regime itself. It was the Magnitsky Act that Putin tasked his foreign ministry with trying to stop; it was the Magnitsky Act that was openly tied to the ban on child adoptions; it was the Magnitsky Act that was the subject of the 2016 Trump Tower meeting attended by a Kremlin-linked lawyer; it is advocating for the Magnitsky Act that may soon land any Russian citizen in prison. It was the Magnitsky Act that Putin named as the biggest threat to his regime as he stood by Trump’s side in Helsinki. After the Trump-Putin meeting, the Russian Prosecutor-General’s Office released the names of U.S. citizens it wants to question as supposed associates of Browder. The list leaves no doubt as to the nature of the “crime.” It includes Michael McFaul, senior director for Russia policy at the Obama White House and later U.S. Ambassador in Moscow who oversaw the “compiling of memos to the State Department … on the investigation in the Magnitsky case.” It includes David Kramer, former assistant secretary of state in the George W. Bush administration, who, as president of Freedom House between 2010 and 2014, was one of the most effective advocates for the Magnitsky Act. Perhaps most tellingly, it includes Kyle Parker, now chief of staff at the Commission on Security and Cooperation in Europe, who, as the lead Russia staffer at the commission, wrote the bill that subsequently became the Magnitsky Act. Vladimir Putin has left no doubt: The biggest threat to his regime is the Magnitsky Act, which stops its beneficiaries from doing what has long become their raison d’être — stealing in Russia and spending in the West. It is time for more Western nations to adopt this law — and for the six countries that already have it to implement it with vigor and resolve.
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press release
Helsinki Commission Leaders Troubled by Continued Imprisonment of U.S. Pastor Andrew Brunson in Turkey
Wednesday, July 18, 2018WASHINGTON—Following today’s ruling by a Turkish court that U.S. pastor Andrew Brunson will remain jailed pending his next trial date in October, the four senior members of the U.S. Helsinki Commission—Helsinki Chairman Roger Wicker (MS), Co-Chairman Rep. Chris Smith (NJ-04), Ranking Commissioner Sen. Ben Cardin (MD), and Ranking Commissioner Rep. Alcee Hastings (FL-20)—released the following statements: “The cruelty of today’s decision is astonishing,” said Chairman Wicker. “By extending Pastor Brunson’s indefinite detention and setting his next trial date for mid-October, the Turkish government has declared its intention to keep this innocent man in jail past the two-year anniversary of his arrest without conviction or any credible evidence against him. There is no room in NATO for hostage-taking. Pastor Brunson should be freed immediately.” “Over the past 18 months, it has become clear that President Erdogan has the ability to end this injustice, but he refuses to do so,” said Co-Chairman Smith. “President Erdogan has put Pastor Brunson and his family through 649 days of enormous suffering. Pastor Brunson must be released immediately, otherwise this cruel abuse of a U.S. citizen should have serious consequences for our country’s relationship with the Turkish government.” “I remain deeply concerned that Mr. Brunson remains in prison in Turkey,” said Sen. Cardin. “Today’s action represents yet another miscarriage of justice in this case. The Turkish government must drop its spurious charges and release Mr. Brunson immediately.” “Turkey’s persecution of Pastor Brunson has been characterized by conspiratorial charges, anonymous witnesses, and political agendas, and bears no resemblance to a credible judicial process,” said Rep. Hastings. “Even as the Turkish government prepares to lift its nearly two-year state of emergency, we should not be fooled into thinking that the rule of law is returning to Turkey. Pastor Brunson’s wrongful imprisonment proves that nothing is likely to change.” Pastor Brunson is one of several American citizens, including NASA scientist Serkan Gölge, who have been caught up in the sweeping purge that followed the 2016 coup attempt in Turkey. Despite the efforts of the President of the United States, among many others, he has spent more than a year in jail on national security charges. Gölge and two Turkish employees of U.S. consulates stand charged with similar terrorism offenses despite no involvement with violent activity—a situation faced by thousands of other Turks. A third consulate employee remains under house arrest on dubious charges. 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. The Turkish government has announced it will not seek to extend emergency rule when it expires tomorrow, but draft legislation introduced by Erdogan’s government would enshrine many of his 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 jailed in Turkey will have their cases promptly and fairly adjudicated and receive full consular assistance.
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press release
Chairman Wicker Acts to Protect Religious Freedom in Europe and Central Asia
Monday, June 11, 2018WASHINGTON—Helsinki Commission Chairman Sen. Roger Wicker (MS) today introduced a bipartisan resolution (S.Res.539) urging President Trump to take action against some of the worst violators of religious freedom in Europe and Central Asia. Key targets of the legislation include the governments of Tajikistan, Turkmenistan, Uzbekistan, Azerbaijan, Kazakhstan, Turkey, and Russia, as well as Russian-led separatist forces in Ukraine. “Our founding fathers made religious freedom a cornerstone of our country, and President Trump carries that legacy forward by making religious freedom a cornerstone of his presidency. This resolution is a blueprint for action in a region where governments have often attacked religious freedom instead of protecting it. When governments take steps toward improvement, as Uzbekistan has done, we should support and bolster their efforts,” said Chairman Wicker. Helsinki Commissioner Sen. Jeanne Shaheen (NH) is the lead co-sponsor of the resolution. Other original co-sponsors of S.Res.539 include Helsinki Commissioners Sen. Thom Tillis (NC), Sen. John Boozman (AR), and Sen. Cory Gardner (CO), along with Sen. James Lankford (OK). S.Res.539 targets governments of participating States of the Organization for Security and Cooperation in Europe (OSCE) that have not complied with specific OSCE commitments to respect fundamental human rights and freedoms, including religious freedom. The resolution urges President Trump to: Re-designate Tajikistan, Turkmenistan, and Uzbekistan as “Countries of Particular Concern”—nations that engage in or tolerate severe violations of religious freedom such as torture, prolonged detention without charges, abduction or clandestine detention—and take actions required by the International Religious Freedom Act of 1998 Designate Azerbaijan, Russia, and Turkey as “Special Watch List Countries” for severe violations of religious freedom, and designate Kazakhstan if it continues to tighten restrictions on religious freedom Block entry to the United States and impose financial sanctions on individual violators in these countries, including but not limited to: Turkish officials responsible for the imprisonment of Andrew Brunson, an American pastor who has been unjustly jailed since October 2016 Kremlin officials responsible for Russia’s forcible, illegal occupation of Crimea Russian-led separatist forces in Ukraine Instruct the Ambassador-at-Large for International Religious Freedom, former Helsinki Commission Chairman Sam Brownback, to develop a U.S. government strategy that promotes religious freedoms in these countries, especially prioritizing support for ongoing reforms in Uzbekistan S.Res.539 is supported by prominent international religious freedom advocates, including: Dr. Thomas Farr, President of the Religious Freedom Institute, and founding Director of the State Department’s Office of International Religious Freedom Dr. Kent Hill, Executive Director of the Religious Freedom Institute, and Assistant Administrator of the U.S. Agency for International Development (2001-2008) The Ethics and Religious Liberty Commission of the Southern Baptist Convention Frank Wolf, former U.S. Representative (VA-10), and Distinguished Senior Fellow, 21st Century Wilberforce Initiative Nina Shea, Director, Hudson Institute’s Center for Religious Freedom Dr. Daniel Mark, Commissioner, U.S. Commission on International Religious Freedom (2014-2018; Chairman 2017-2018), and Assistant Professor of Political Science, Villanova University Rev. Dr. Andrew Bennett, Canada’s Ambassador for Religious Freedom (2013-2016), and Program Director for Cardus Law Dr. Aykan Erdemir, Senior Fellow, Foundation for Defense of Democracies, and Member of Parliament, Grand National Assembly of Turkey (2011-2015) Dr. Elijah Brown, General Secretary, Baptist World Alliance Dr. Byron Johnson, Director, Institute for Studies of Religion, Baylor University Dr. Daniel Philpott, Professor of Political Science, Notre Dame University Dr. Kathleen Collins, Associate Professor of Political Science, University of Minnesota
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article
Inaugural PADWEEK Addresses Racial Discrimination across Europe
Friday, June 08, 2018On May 19, 2018, African-American Meghan Markle wed Prince Harry at St. George’s Chapel in Windsor, England. Black culture was celebrated throughout the event: Queen Elizabeth II’s first female black chaplain offered prayers, a black British choir sang African-American Ben E. King’s “Stand By Me,” and Chicago-based African-American Episcopalian bishop Michael Curry quoted civil rights icon Martin Luther King Jr. during his wedding address, preaching on “the power of love.” However, the public discussion leading up to the wedding was riddled with racial stereotyping and prejudice spurred by Markle’s biracial identity—her father is white and her mother is black. British news outlets were heavily criticized for racial insensitivity after commenting on Markle’s “unconventional family,” and using phrases like “unlikely pairing” to further differentiate between the prince and Markle. Unfortunately, racial bias is not confined to Markle—now Duchess of Sussex—but instead extends to many black people in Europe. According to four comprehensive reports from the Organization for Security and Cooperation in Europe, the European Commission, the EU Agency for Fundamental Rights, and Open Society Foundations, a significant percentage of the estimated 15–20 million people of African descent living in Europe have experienced high rates of prejudice and discrimination. Just days before the wedding, racial equality advocates from across Europe gathered in Brussels to address this problem. At the inaugural People of African Descent Week (PADWEEK), organized by the European Parliament Anti-Racism and Diversity Intergroup, Transatlantic Minority Political Leadership Conference, Each One Teach One, and the European Network Against Racism, more than 100 black European activists discussed current racial injustices in Europe and recommended ways for European leaders to respond to increasing hate and discrimination across the region. Attendees included black policymakers, business leaders, and human rights activists from across Europe. Helsinki Commissioners Rep. Alcee Hastings (FL-20) and Rep. Gwen Moore (WI-04) were two of nine honorary hosts. “Whether in America or Europe, we must all do more to uphold the democratic values of our nations,” Commissioner Hastings said in a statement. “Skin color should not determine one’s access to rights, protections, and opportunities in a democracy.” Though the agenda was full with discussions ranging from BREXIT to migration to Africa-EU relations, PADWEEK addressed issues of racial discrimination head-on and introduced new ways to find solutions. It called for change to a well-ingrained European system that has left black people by the wayside for centuries. Race and legal issues were raised repeatedly in discussions. German legal expert and human rights activist Thomas Ndindah called for justice for Oury Jalloh, an asylum seeker who burned to death in a German police cell while handcuffed to a mattress in 2005. Participants also questioned a so-called “Marshall Plan” for Africa, the name of which alludes to the American-European economic plan that helped rebuild Western Europe following World War II. Participants voiced concerns that African countries were not being viewed as equal partners in the negotiations or consulted on the name. Instead, many attendees viewed the plan as Europeans paying African governments to keep unwanted African migrants from reaching Europe, while at the same time purposefully attracting Africa’s highly skilled professionals to Europe. This raised one question: how would Africa benefit from this “Marshall Plan” for Africa if Africa’s brightest and best were contributing to countries elsewhere? The week ended with a list of recommendations from participants and a passionate speech by Mirielle Fanon-Mendes-France, daughter of twentieth century philosopher Frantz Fanon. She called on European institutions to deliver on longstanding promises to address the ongoing impact of colonialism and slavery on the present-day well-being of black Europeans. Recommendations from PADWEEK included: Recognizing the history of past injustices by adopting a European Black History Month and a Remembrance Day for victims of colonialism and enslavement Supporting empowerment and anti-discrimination initiatives by funding black-led civil and human rights organizations Adopting legislation in the European Parliament on an EU Framework for National Strategies for Equality and the Inclusion of People of African Descent in Europe
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publication
Sanctioning Human Rights Abusers and Kleptocrats under the Global Magnitsky Act
Thursday, May 24, 2018The Global Magnitsky Act enables the United States to sanction the world’s worst human rights abusers and most corrupt oligarchs and foreign officials, freezing their U.S. assets and preventing them from traveling to the United States. Sanctioned individuals become financial pariahs and the international financial system wants nothing to do with them. Before proceeding, ask yourself: is Global Magnitsky right for my case? The language of the Global Magnitsky Act as passed by Congress was ex-panded by Executive Order 13818, which is now the implementing authority for Global Magnitsky sanctions. EO 13818 stipulates that sanctions may be considered for individuals who are engaging or have engaged in “serious human rights abuse” against any person, or are engaging or have en-gaged in “corruption.” Individuals who, by virtue of their rank, have ordered others to engage or have facilitated these acts also are liable to be sanctioned. Keep in mind that prior to the EO’s expansion of the language, human rights sanctions were limited to “gross violations of internationally recognized human rights” as codified in 22 USC § 2304(d)(1). The original language also stipulates that any victim must be working “to expose illegal activity car-ried out by government officials” or to “obtain, exercise, defend, or promote internationally recognized human rights and freedoms.” As for sanctions for corruption, it identifies “acts of significant corruption” as sanctionable offenses. This is generally thought to be a stricter standard than the EO’s term “corruption.” It may be worthwhile to aim for this higher standard to make the tightest case possible for sanctions. As a rule, reach out to other NGOs and individuals working in the human rights and anti-corruption field, especially those who are advocating for their own Global Magnitsky sanctions. Doing so at the beginning of the process will enable you to build strong relationships, develop a robust network, and speak with a stronger voice. Download the full guide to learn more. Contributor: Paul Massaro, Policy Advisor
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briefing
How to Get Human Rights Abusers and Kleptocrats Sanctioned under the Global Magnitsky Act
Tuesday, March 13, 2018The workshop provided human rights organizations, transparency advocates, and congressional staff with the tools they need to effectively petition the U.S. government to review and potentially designate individuals and organizations for sanctions under the Global Magnitsky Act. Sanctions experts described, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also discussed the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists shared investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates.
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press release
Helsinki Commission Workshop to Explain Global Magnitsky Sanctions Process
Wednesday, March 07, 2018WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced a workshop to provide human rights organizations, transparency advocates, and congressional staff with the tools they need to effectively petition the U.S. government to review and potentially designate individuals and organizations for sanctions under the Global Magnitsky Act. HOW TO GET HUMAN RIGHTS ABUSERS AND KLEPTOCRATS SANCTIONED UNDER THE GLOBAL MAGNITSKY ACT Tuesday, March 13, 2018 3:00 p.m. Capitol Visitor Center Room SVC 212-10 Live Webcast: www.facebook.com/HelsinkiCommission Sanctions experts will describe, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also will discuss the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists will share investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates. Panelists include: Rob Berschinski, Senior Vice President, Human Rights First; former Deputy Assistant Secretary of State Brad Brooks-Rubin, Managing Director, The Sentry; formerly with the Departments of State and Treasury Bill Browder, Founder and Director, Global Magnitsky Justice Campaign Mark Dubowitz, CEO, Foundation for Defense of Democracies Adam Smith, Partner, Gibson, Dunn & Crutcher; formerly with the National Security Council and Department of Treasury Josh White, Director of Policy and Analysis, The Sentry; formerly with the Department of Treasury The Global Magnitsky Act is a powerful new tool for deterring human rights violations and fighting corruption. Presence on this list freezes any U.S. assets an individual may hold, blocks future transactions within the U.S. financial system, and bans any travel to the United States. By sanctioning individuals who engage in the worst abuses of power, the United States hardens its own system to external abuse while extending moral support and solidarity to those whose fundamental freedoms are curtailed or denied.
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briefing
Screening and Discussion: "And We Were Germans"
Tuesday, February 20, 2018To celebrate Black History Month, the Helsinki Commission screened “And We Were Germans: The Life of Hans-Jürgen Massaquoi and Ralph Giordano.” The 30-minute film chronicles the journey of Hans-Jürgen Massaquoi, an Afro-German survivor of the Holocaust who emigrated to the United States and became the editor of Ebony magazine, one of the first monthly publications for African-Americans. The film connects the experience of Afro-German and Jewish-German survivors of the Holocaust by recounting Massaquoi’s experience in Germany, including his relationship with Ralph Giordano, a lifelong Jewish friend. To introduce the film, Dr. Mischa Thompson of the Helsinki Commission spoke about the Commission’s focus on diverse and vulnerable populations from Roma and Jewish populations to national minorities and migrants in Europe and the United States since its inception. She also discussed Commissioner’s work on the situation of People of African Descent in Europe or Black Europeans, including hearings and legislation in the U.S. Congress and resolutions and events in the OSCE Parliamentary Assembly and OSCE. The film was followed by a conversation with director John A. Kantara about the film and current situation of people of African descent in Germany and across Europe. Kantara discussed his motivation for making the film and what he considered to be the most moving parts of the process. He found inspiration after traveling with young Afro-Germans to Chicago and attending a cultural exchange with African-Americans where he met Hans Massaquoi. He was concerned that Black German history was not widely taught in schools, nor was there a strong awareness of the Afro-German population’s history from Germany's colonization of Namibia, Burundi, and Tanzania to the children of African-American soldiers stationed in Germany. Kantara made the film with the hope that he could change the lack of education regarding black history in Germany. Kantara also elaborated on what moved him during the filmmaking process, noting the importance of African-American struggles during the U.S. civil rights movement to Afro-Germans. He indicated that trying to organize people who have been affected by discrimination and racism is an important task, and was his primary aim throughout the filmmaking process. Kantara also offered his thoughts on the new release Black Panther, noting the large turnout in Berlin and special initiatives to screen the film for Afro-German youth. Kantara revealed that it was remarkable to see young black Germans relate to the movie, and identifying with the people and plot of the film.
Thursday, December 06, 2018