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press release
Rodchenkov Act Passes Senate, Goes to President for Signature
Tuesday, November 17, 2020WASHINGTON—Yesterday, the Rodchenkov Anti-Doping Act (H.R. 835) passed the U.S. Senate, completing its course through both chambers of Congress. The bill now goes to President Donald Trump for signature. Passage of the bipartisan legislation has been spearheaded by Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Commissioner Sen. Sheldon Whitehouse (RI) in the Senate and former Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) in the House of Representatives. The bill passed the House of Representatives in October 2019. “This legislation is a great bipartisan accomplishment for the rights of athletes, the protection of whistleblowers, and our common goal of keeping criminals out of international sports,” said Sen. Wicker. “The world’s top athletes should not have a life achievement ripped away from them through fraud—and no whistleblower should live in fear of retaliation for exposing that fraud, as Dr. Rodchenkov has been forced to do.” “Russia’s malicious, corrupt behavior on the international stage demands a strong rejoinder,” said Sen. Whitehouse. “The World Anti-Doping Agency and the International Olympic Committee have failed to hold Russia accountable for its brazen cheating program in Sochi. Ahead of the next Olympics, the Rodchenkov Anti-Doping Act will create stiff penalties for doping and send a message to Russia and the world that state-sponsored fraud will not be tolerated.” The bill advanced through the legislative process entirely on consensus-based procedures, demonstrating the wide bipartisan support for the measure. The legislation also has received overwhelming support from amateur and professional sport organizations, including the U.S. Anti-Doping Agency (USADA), the U.S. Olympic and Paralympic Committee (USOPC), the U.S. Olympic and Paralympic Committee Athletes’ Advisory Council, the U.S. Olympians and Paralympians Association, Major League Baseball (MLB), the National Football League (NFL), the National Hockey League (NHL), and PGA TOUR. The Rodchenkov Anti-Doping Act will: Establish criminal penalties for participating in a scheme in commerce to influence a major international sport competition through prohibited substances or methods. This section applies to all major international sport competitions in which U.S. athletes participate, and where organizing entities receive sponsorship from companies doing business in the United States or are compensated for the right to broadcast their competition there, so that international fraud against Americans will not go unpunished. Penalties will include fines of up to $1,000,000, or imprisonment of up to 10 years, depending on the offense. Provide restitution to victims of such conspiracies. Athletes and other persons who are victims of major international doping fraud conspiracies shall be entitled to mandatory restitution for losses inflicted upon them by fraudsters and conspirators. Protect whistleblowers from retaliation. By criminalizing participation in a major international doping fraud conspiracy, whistleblowers will be included under existing witness and informant protection laws. Establish coordination and sharing of information with the United States Anti-Doping Agency. Federal agencies involved in the fight against doping shall coordinate and share information with USADA, whose mission is to preserve the integrity of competition, inspire true sport, and protect the rights of athletes, to enhance their collective efforts to curb doping fraud. In 2016, Dr. Grigory Rodchenkov exposed the Russian state-sponsored doping scandal that took place during the 2014 Sochi Olympics. By deceiving international anti-doping authorities and swapping athletes’ samples, Russian officials cheated U.S. athletes out of Olympic glory and U.S. corporations out of honest sponsorships. These corrupt officials used bribes and illicit payments, sometimes through U.S. financial institutions, to commit this fraud. Unfortunately, the masterminds behind the Russian doping operation escaped punishment for their actions because there was no U.S. legal mechanism to bring them to justice. In February 2018, the Helsinki Commission held a briefing featuring Dr. Rodchenkov’s attorney, Jim Walden, on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions. In March, Commissioners Sen. Ben Cardin (MD) and Sen. Cory Gardner (CO) and Rep. Jackson Lee met with Dr. Rodchenkov to discuss the threat posed by Russia to the United States, corruption in international sports bodies, and how the United States can contribute to the international effort to counter doping fraud. In July, the Helsinki Commission held a hearing that explored the interplay between doping fraud and globalized corruption and U.S. policy responses, including the Rodchenkov Anti-Doping Act. In October 2018, the U.S. Department of Justice indicted seven individuals for involvement in a Russian-operated military intelligence program in which GRU officers are alleged to have conducted sophisticated hacking of U.S. and international anti-doping agencies who investigated and publicly condemned Russia’s state-sponsored doping program. The hacking victims also included 230 athletes from approximately 30 countries. The operation was part of a disinformation campaign in which victims’ personal email communications and individual medical and drug testing information, sometimes modified from its original form, was used to promote media coverage to further a narrative favorable to the Russian government. In October 2020, the U.S. Department of Justice indicted a further six individuals for involvement in a Russian-operated military intelligence program in which GRU officers are alleged to have conducted sophisticated hacking of entities and organizations involved with the 2018 PyeongChang Olympic Games.
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article
Coronavirus in the OSCE Region
Friday, October 30, 2020By Emma Derr, Max Kampelman Fellow A novel coronavirus was first identified in Wuhan, China in December 2019. Termed COVID-19, the disease spread rapidly around the globe. As of October 2020, 1.18 million people have died from COVID-19, and over 227,000 of these deaths have occurred in the United States. COVID-19 is one of the most devastating public health crises since the Spanish Flu of 1918. From hospital beds to protective gear, governments across the world face significant challenges in combating its morbidity and death rates. In addition to the domestic coronavirus policies implemented at the national level, multilateral organizations such as the Organization for Security and Cooperation in Europe (OSCE) have taken their own steps to curb the vast negative impacts of the novel coronavirus. Examples of Coronavirus Policy Responses across the OSCE Region Countries in the OSCE region have developed a wide variety of policies to combat the significant public health, political, and economic challenges caused by the coronavirus. As the number of cases has surged or declined in various countries, coronavirus restrictions are changing on a weekly basis. In most countries, policies exist at a national level, and many countries have also imposed regional restrictions. In the United States, state and local authorities impose their own restrictions. The varying responses of the United States, Sweden, France, and Turkmenistan illustrate the many coronavirus policy differences that exist in the OSCE region. The scientific publication “Our World in Data,” in collaboration with the University of Oxford, created a “Government Response Stringency Index” using nine response indicators, including school closures and travel bans. With 100 as the strictest ranking, the index currently ranks the United State at 62.5, France at 46.76, and Sweden at 37.04. Turkmenistan is not on the index. Government Response Stringency Index as of October 28, 2020. Graphic courtesy of Our World in Data. United States In the United States, federal action largely has been confined to restrictions on international travel and immigration, with state governors enacting their own policies concerning closures and restrictions. State policies differ in scope and timeline but most center around issues such as face mask requirements, the number of people who can gather, health guidelines for business operations, social distancing measures, state travel restrictions and quarantine orders, restaurant and bar capacities, prohibitions on non-essential medical procedures, and in-person or online school decisions. Local officials, such as state health officers and mayors, have also imposed restrictions at the county or city level, sometimes in conflict with more or less stringent state-level guidance. State restrictions change rapidly, but the New York Times has created a map with up-to-date state data and policy actions. France The French government first locked down the country on March 17, requiring citizens to provide travel permits when leaving their homes. In May, France began to gradually reopen schools and public transport at the same time as other European countries, such as Belgium and Spain, eased restrictions. Masks are mandated on public transit and recommended when social distancing guidelines cannot be followed. According to France’s government website, as of October, local curfews were imposed in the Paris region, as well as eight other cities. These changes arrive amid a European “second wave,” which includes a spike in coronavirus cases in France. On October 29, another lockdown was announced and is expected to extend until December 1. All nonessential travel outside the home is strictly prohibited as it was with the first lockdown, but this time around, schools will remain open. Sweden In the spring of 2020, Sweden kept its borders open, and became one of the few OSCE participating States that did not go into lockdown. Instead, gatherings of over 50 people, sporting events, and visits to nursing homes were prohibited; bars, restaurants and schools remained open. The general advice issued by the Public Health Agency of Sweden reminds citizens to stay at home when experiencing symptoms, wash their hands regularly, and socially distance from one another. The agency does not recommend face masks in public spaces. Due to its high per capita death rate, Swedish health officials recently released national restrictions on nightclubs, as well as other regional measures. On October 26, new local guidelines were introduced in Uppsala and Malmo, where cases have been increasing. Residents were told to avoid public transport and to only socialize with people within their households. Turkmenistan Turkmenistan is the only OSCE participating State to deny that it has been affected by COVID-19. There is significant doubt both in the international community and among Turkmen NGOs that this is the case. There have been numerous deaths of high-level government officials and people in prisons reportedly due to “pneumonia.” Humanitarian concerns have been raised as patients with COVID-19 symptoms have been overwhelming hospitals. Although the World Health Organization visited the country and did not directly contradict the official narrative, following the visit, Turkmen authorities imposed “preventive” restrictions similar to those in other countries. The country has restricted travel and border crossings; closed restaurants, shopping malls, theaters, and parks; and mandated the use of masks and social distancing in public. OSCE Action The Organization for Security and Cooperation in Europe (OSCE) is the world’s largest regional security organization with 57 participating States. Leaders of OSCE institutions and offices have stated their continuing commitments to OSCE principles and stress the importance of unity and solidarity as its nations fight to control the pandemic. “Now is the time for unity. The COVID-19 virus does not distinguish between peoples or countries; its threat is universal. This underscores that security is common, comprehensive and indivisible,” said the Chair of the OSCE Permanent Council Igli Hasani and his colleagues in a letter earlier this year. The OSCE seeks to provide leadership through guidelines and policy recommendations that address the challenges presented by the novel coronavirus. The organization has also been active in examining the economic, environmental, and security implications of the coronavirus across the OSCE region. “In today’s highly interconnected world, it is necessary to have strong solidarity and a cooperative approach at all levels: community, state, regional, and global,” stated Vuk Zugic, OSCE Coordinator of Economic and Environmental Activities. Minority Groups and Vulnerable Populations On the Helsinki on the Hill podcast “Communities at Risk,” Ambassador Lamberto Zannier, the former OSCE High Commissioner on National Minorities and a current OSCE PA High-Level Expert, spoke about providing protection for the most vulnerable during this health crisis. “We felt that the issue of protecting the diversity of the society and ensuring that all social groups are included in the policies, and there is an equal treatment for all, was not at the forefront of the concerns of many governments,” he said. “We started to see problems of discrimination. We started to see problems with hate speech. We started seeing problems with access of some of the population to basic services.” In March, as OSCE High Commissioner on National Minorities, Zannier released recommendations for short-term responses to COVID-19 to support social cohesion in OSCE states, and in April, the HCNM released a full set of policy recommendations that call on countries to take into account diversity when implementing state emergency measures, such as providing public services and media communications in minority languages. Voting and Elections The OSCE Office for Democratic Institutions and Human Rights (ODIHR) is mandated to address issues related to democracy, human rights, and rule of law, including freedom of the press, freedom of movement, and democratic elections. ODIHR released a report in October outlining best alternative voting practices in the context of COVID-19, focusing on secrecy, equality, and universality. Human Trafficking ODIHR also conducted an empirical survey of survivors of human trafficking and issued a report in June that examined the impact of COVID-19 on human trafficking trends and recommended how OSCE states could respond. According to OSCE PA Special Representative on Trafficking in Persons and former Helsinki Commission Chair Rep. Chris Smith, “The COVID-19 pandemic has increased the vulnerability of children to becoming victims of trafficking and sexual exploitation. Today, with most schools closed, children are spending more of their time online where they are vulnerable to being groomed by sexual predators and lured into trafficking situations. One way we can fight this and protect our children now is by education to keep them safe online and by developing age-appropriate training tools for children, parents and educators.” Parliamentary Diplomacy The OSCE Parliamentary Assembly (OSCE PA) has hosted several webinars focused on the effects of the coronavirus on human rights and democracy. The webinar titled “COVID’s impact on conflicts in the OSCE region” addressed obstacles to conflict resolution, humanitarian aid efforts, and implementation of the fundamental principles agreed to under the Helsinki Final Act. Helsinki Commissioner and Chair of the OSCE PA General Committee on Political Affairs and Security Rep. Richard Hudson attended the discussion and stated his concern over “the COVID-19 pandemic and its potential to further inflame existing conflicts in the OSCE area or potentially generate new ones.” He said it was important for the Parliamentary Assembly to stay informed on the OSCE’s role in the conflict cycle, specifically in Ukraine and Georgia. Other speakers emphasized his message and noted that people in conflict zones are on one of the most dangerous frontlines of the pandemic. In May, the OSCE PA hosted a webinar titled “Respecting Human Rights and Maintaining Democratic Control During States of Emergency.” In his comments, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) emphasized the importance of protecting fundamental freedoms. “I am sorry, but not surprised that some governments have taken the need for emergency measures as an opportunity for repressive measures,” he stated. “Hungary is the only OSCE participating State that does not have a sunset clause for the expiration of its emergency measures or requiring parliamentary approval for an extension. Parliamentary oversight is absolutely essential, especially when governments seek to exercise extraordinary powers.” During the webinar, Sen. Ben Cardin (MD), Helsinki Commission Ranking Member and the OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism, and Intolerance, also addressed concerning aspects of COVID-19 emergency responses. “Emergency provisions which restrict freedom of speech or freedom of the media are especially concerning and may actually undermine our efforts to address this health emergency. We need to ensure that journalists, medical professionals, scientists and others can provide the public with information we need to battle COVID,” he said. OSCE Field Missions OSCE field missions have been actively adapting to support host countries’ needs during this pandemic. Since April, several missions have helped to provide medical supplies and equipment to their host countries. The OSCE Presence in Albania, a field operation that cooperates with Albania’s Border and Migration Police, donated medical supplies to Albania’s Border Police in May. The team also visited border crossing points to assess existing protocols. The OSCE Programme Office in Dushanbe provided protective gear and sanitizing supplies to its partners in Tajikistan, and the OSCE mission to Montenegro delivered food and hygiene products to support the country’s Red Cross. Handover of personal protective equipment to Regional Health Administration of Gorno-Badakhshan Autonomous Region on July 25, 2020. (Photo courtesy of OSCE/Umed Qurbonov) The OSCE has also facilitated online medical trainings for border officials in Turkmenistan and donated IT equipment to the Canton 10 Ministry of Education to support Bosnia and Herzegovina. The Special Monitoring Mission in Ukraine has been impacted by the pandemic by restrictions on mission member movement, but the mission nevertheless continues to be a key international actor in the country, informing on developments in the conflict areas of Donetsk and Luhansk.
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in the news
What’s Washington’s role in Belarus?
Tuesday, October 06, 2020The United States should lift up Belarusian civil society, according to experts, and slap tougher sanctions on mid-level government officials abusing protestors. The Trump administration should widen sanctions against human-rights abusers in Belarus and ramp up support for civil-society groups monitoring president Alexander Lukashenko’s crackdown, according to former State and Treasury department officials. Lukashenko purged his political opponents from the ballot in mid-August and unleashed security forces against civilians protesting the election. The crackdown has not cowed Lukashenko’s opponents, who have called for his ouster every weekend for the past two months. Over 100,000 people protested in Minsk on Sunday. The United States penalized senior members of Lukashenko’s inner-circle last week in an effort to push the embattled leader to negotiate. The State Department announced in September that the United States no longer recognizes Lukashenko’s government, and coordinated the sanctions with wider penalties from Europe. Both the Trump administration and European Union officials could be doing more to support the protestors, experts told National Journal. “I think both the U.S. and the EU need to go much further than they have so far, in terms of the number of people that they sanction,” said Michael Carpenter, director at the Penn Biden Center, who called for sanctions against “mid-level” Belarusian officials directly responsible for the human-rights abuses. Belarus-specific sanctions date to the Belarus Democracy Act of 2004, and a Bush-era executive order that sets out guidelines for penalizing officials responsible for undermining democracy. Lawmakers added further penalties in 2011. The Trump administration targeted eight people Friday, including the head of Belarus’s elections and the chief of Belarus’s security forces, and the European Union sanctioned 40 people. The United Kingdom and Canada also announced sanctions over the weekend, including against Lukashenko himself. The sanctions are only one part of Belarus policy, experts stressed, which is ultimately supposed to push Lukashenko to negotiate. Exiled opposition leader Sviatlana Tsikhanouskaya asked German Chancellor Angela Merkel to mediate the negotiations on Tuesday. Judy Dempsey, a nonresident senior fellow at Carnegie Europe, predicted that Merkel would take up the challenge—but would have to act quickly. Russian President Vladimir Putin might accuse the EU of meddling in Belarus’ government should the talks drag, Dempsey told National Journal. “If Merkel does take on this mediating role, it’s got to be incredibly sophisticated and it’s got to be very fast,” said Dempsey. The United States may not play a direct role in mediating the talks, but the Trump administration might put more pressure on Lukashenko by targeting mid-level officials inside his government. Former State Department sanctions coordinator Daniel Fried told National Journal that the State Department and OFAC could craft an executive order to authorize “status-based” penalties: those which authorize Treasury to target specific people based on their employment. Officials could then work with Belarusian civil society to identify targets, like “the plainclothes cops roughing up dissidents.” “Putting this into legislation is hard as hell, and then it’s not as flexible,” said Fried. “It’s far better to let OFAC do it, in coordination with the State Department.” Lawmakers have remained largely hands-off on Belarus, besides offering statements in support of those protesting against Lukashenko. In July, the Senate passed a resolution condemning the arrest of opposition candidates and political protesters. The chair and ranking member of the Senate Foreign Relations Committee separately called out Lukashenko’s handling of the election in early August, and later in the month issued a joint statement calling for sanctions against those responsible for human-rights abuses. The upper chamber might support Belarus policy by advancing Trump’s ambassadorial nominee to Belarus, several former officials and experts told National Journal. The United States and Belarus haven’t exchanged ambassadors since 2008. The Senate Foreign Relations Committee advanced career State Department official Julie Fisher favorably out of committee in late September. Democratic Sen. Chris Murphy voted against the nomination, and argued that sending the ambassador to Belarus during the crackdown would reward Lukashenko. Some experts disagreed, and said having an ambassador in Minsk could help the United States coordinate policy with civil-society groups and would send an important signal to domestic opposition. Sen. James Risch told Murphy that the State Department believed having an ambassador to Minsk was “the best way to help the Belarusian people.” Senate Majority Leader Mitch McConnell’s office did not respond to emailed questions about Fisher’s nomination; Senate Foreign Relations Committee spokesperson Suzanne Wrasse told National Journal that McConnell has “a number of priorities,” and that ambassadorial nominations were “on the list.” While former officials agreed that ramping up support for civil society groups and sanctioning mid-level Belarusian officials could be effective at prodding Lukashenko to negotiate, they disagreed over whether also to target large state-owned firms that form the backbone of the Belarusian economy. Carpenter, Fried, and other former Obama administration officials suggested that penalizing the companies could end up hurting protestors, many of whom work on the factory floors. The Lukashenko government has close ties with heavy industry, however, and a few lawmakers told National Journal they support lifting waivers granting them access to the U.S. market. Rep. Alcee Hastings asked Treasury Secretary Steven Mnuchin in mid-August to cancel sanctions waivers for several Belarusian companies. Hastings led the Organization for Security and Cooperation in Europe election-monitoring mission for Belarus’s 2006 presidential election, and now heads the Helsinki Commission, a congressionally-created agency that coordinates OSCE policy on Capitol Hill. The Treasury Department has not responded to Hastings’ letter. “Providing support to the Lukashenko regime by allowing its state-owned companies access to our financial system is unacceptable, and the sanctions announced on individuals last week by the Treasury Department are a step in the right direction,” said Hastings in a statement to National Journal. “However, Lukashenko himself has long been a prime candidate for Global Magnitsky sanctions, and failing to include him among the sanctioned individuals is a severe oversight.” Last fall, the state-owned Belarusian oil company Belneftekhim retained lobbyist David Gencarelli to push for the continuation of a licensing exemption allowing the company to purchase “crude oil with delivery to the refineries in the Republic of Belarus.” The Treasury Department extended relief to Belneftekhim and other heavy-industry players, giving them continued access to the American market until April 2021. “What we’ve seen over the years with Lukashenko is he’s a very skillful player juggling between the U.S. and Europe, which is a natural market for Belarus, and Russia,” said Sofya Orlosky, senior program manager for Europe and Eurasia at Freedom House. The EU has similarly sought to keep Lukashenko from sliding into Putin’s orbit, periodically lifting and reimposing sanctions on his government for human-rights abuses. The bloc suspended financial penalties in 2016 after Lukashenko granted “amnesty” to a number of political prisoners, which Orlosky said normalized Lukashenko’s undemocratic behavior. “There’s been, as it were, a limit to the severity of sanctions in the past, because the argument was made at least implicitly that we don’t want to alienate Belarus too much or throw them into Russia’s arms,” said Nigel Gould-Davies, a former British ambassador to Belarus. The Trump administration has pursued normalization with Minsk for the past several years, prior to Lukashenko’s crackdown. The State Department’s top political official, David Hale, met with Lukashenko in Minsk in September 2019, and stated afterward that the U.S. was ready to exchange ambassadors “as the next step in normalizing our relationship.” Secretary of State Mike Pompeo visited Minsk in February for the same purpose. The difference now, according to Gould-Davies: The legitimacy of Lukashenko’s regime “is basically broken.” Very few people support the government, aside from people working directly for the state, which undercuts calls for moderation in the West. “He enjoys no significant support outside of those who actually work for the state,” said Gould-Davies.
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press release
Helsinki Commission Leaders Mourn Death of Moscow Helsinki Monitoring Group Founder Yuri Orlov
Wednesday, September 30, 2020WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) today expressed sorrow over the death on September 27 of physicist Yuri Orlov, the founder of the Moscow Helsinki Group. “Yuri Orlov truly stood out among the great 20th century human rights activists,” said Chairman Hastings. “While many questioned the value of the 1975 Helsinki Final Act, he was quick to see its comprehensive definition of security as an opportunity to advance the cause of human rights in the Soviet Union. He founded the Moscow Helsinki Group with other courageous individuals, and paid the price of nearly a decade of imprisonment, hard labor, and internal exile. Throughout his ordeal, he never questioned his decision nor gave up on his dream. His hope gave us hope and made him a true hero.” “Without Yuri Orlov, we might not have the OSCE as we know it today,” said Co-Chairman Wicker. “He understood that the Helsinki Accords were unique in addressing relations between states, as well as between governments and citizens. He helped embolden millions of ordinary people to stand up for their rights against repressive regimes. He also helped convince the world that the human rights violations documented by the Moscow Helsinki Group were legitimate and rightful concerns for all. The international human rights movement owes much to his brilliance and fortitude.” Born in Moscow in 1924, Yuri Orlov was a physicist whose scientific career in the Soviet Union was first limited and then cut short by his support for human rights and democratic change, beginning in the 1950s. In 1973, he became a founding member of the Soviet chapter of Amnesty International. In May 1976, he founded the Moscow Helsinki Group and helped to establish similar groups elsewhere in the country. This was the start of an international human-rights monitoring movement based on the principles and provisions of the Helsinki Final Act that continues to this day. In February 1977, Orlov was arrested, imprisoned for one year, and after a short show trial, sentenced to seven years' strict- regime labor camp and five years in exile for "anti-Soviet agitation and propaganda." Persecution of its members led the Moscow Helsinki Group to stop its work from 1982 to 1989. While in Siberian exile in 1986, Orlov was stripped of his Soviet citizenship and deported as part of a deal in which U.S. journalist Nicholas Daniloff was traded for a Soviet spy. After arriving in the United States, Orlov immediately resumed his human rights advocacy, and then his scientific work as a senior scientist at Cornell University. Continuing his advocacy of human rights in Russia and around the world, in 2005 he was the first recipient of the Andrei Sakharov Prize awarded by the American Physical Society to honor scientists for exceptional work in promoting human rights. In “Dangerous Thoughts: Memoirs of a Russian Life,” published in 1991 in the United States, Orlov tells the story of his life as a dissident in the Soviet Union.
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statement
ONGOING TRANSATLANTIC ENGAGEMENT THROUGH THE OSCE PARLIAMENTARY ASSEMBLY
Thursday, September 24, 2020Mr. HUDSON. Madam Speaker, I rise today to highlight my recent efforts to engage with our allies across Europe to address the current political turmoil in Belarus and seek a way forward. On September 23, I joined a video call of the leadership of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE PA), where I serve as Chairman the Committee on Political Affairs and Security. Joining us for the discussion were the Head of the Belarusian delegation to the OSCE PA, Mr. Andrei Savinykh, and the leader of the Belarusian opposition and former presidential candidate, Ms. Svetlana Tikhanovskaya. Ms. Tikhanovskaya shared with us the long struggle of the people of Belarus for their rights under President Alexander Lukashenko's 26-year authoritarian rule. The fraudulent presidential election on August 9, in which Lukashenko claimed he ``won'' with over 80 percent of the vote, led thousands of Belarusians across the country to come out into the streets. They risk physical harm and imprisonment to demand free and fair elections and the release of political prisoners. Unfortunately, these individuals have been met with brute force from the authoritarian regime. They continue to injure and detain protestors, journalists, and even bystanders on a massive scale. Instances of torture in detention have been reported, and some have been killed. Lukashenko is clearly afraid for his political future. In another desperate move, he recently held an illegal, early "inauguration'' in an attempt to consolidate his illegitimate power. I strongly condemned Lukashenko's violent repression of Belarusians and express solidarity for their desire to choose their own leadership in a democratic and transparent manner and to exercise their fundamental freedoms without fear of violent repercussions or harassment. During our meeting, I noted two particular cases that we in the United States are watching closely. U.S. citizen Vitali Shkliarov, who was in Belarus visiting family, was unjustly detained in July and languishes in a Belarusian prison since the end of July. We are concerned for his welfare and I called for his release. I also mentioned that the Roman Catholic Archbishop of Minsk-Mogilev, Tadeusz Kondrusiewicz, has been denied re-entry to Belarus after a visit abroad, even though he is a citizen. He has openly criticized the government's use of violence against peaceful people, including the detention of priests and clergy, and we fear that this too is a political act on the part of Lukashenko and an infringement on religious freedom. The future of Belarus belongs to its people, and, as Secretary of State Mike Pompeo has emphasized, this path should be ``free from external intervention.'' Indeed, my colleagues in the OSCE Parliamentary Assembly understand that it is not our place to choose the leadership of Belarus, but to use the unique role of the OSCE Parliamentary Assembly as a representative body to foster authentic dialogue, prevent and resolve conflict, and hold each other accountable. As an OSCE participating State, Belarus has an obligation to abide by the provisions of the Helsinki Final Act, including those on human rights and fundamental freedoms. I am pleased that 17 participating States of the OSCE, including the United States, have invoked the Moscow Mechanism, which will establish a mission of independent experts to look into the particularly serious threats to the fulfillment of human rights commitments in Belarus. The report that the mission issues will hopefully offer us greater insight into the situation in Belarus and recommendations for future actions. It is a privilege, through the U.S. Helsinki Commission, to represent the United States Congress in the Parliamentary Assembly of the OSCE. The Parliamentary Assembly provides Members of Congress with a unique, bipartisan opportunity to work with our friends and allies to help resolve pressing global issues while promoting our shared values. Because the Parliamentary Assembly includes representatives of Belarus and our European allies, it is uniquely suited to address the human rights and security implications of the moment in Belarus. Madam Speaker, please join me today in calling for an end to violence and mass detentions in Belarus and recognizing the importance of continued Congressional engagement with the Parliamentary Assembly of the OSCE.
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press release
Albanian Prime Minister Edi Rama to Appear at Helsinki Commission Hearing
Wednesday, September 09, 2020WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: ALBANIA’S CHAIRMANSHIP OF THE OSCE Responding to the Multiple Challenges of 2020 Thursday, September 17, 2020 1:00 p.m. Watch Live: www.youtube.com/HelsinkiCommission In 2020, Albania holds the chairmanship of the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—with a multi-dimensional mandate and a 57-country membership stretching from North America, across Europe, and to Central Asia and Mongolia. This year, the OSCE has faced the unprecedented challenge of a global pandemic and the clear urgency of action against racism, while maintaining its necessary focus on other longtime concerns often impacted by these developments. These concerns include Russia’s continued aggression in Ukraine and threats to other nearby or neighboring countries; protracted conflicts in Transnistria, Georgia, and Nagorno-Karabakh; and political leaders in Belarus as well as in Russia, Azerbaijan, Turkey, and other OSCE countries seeking to undermine democratic institutions and stifle dissent in every sector. Many countries are struggling—or failing—to live up to their OSCE commitments in the areas of human rights, democracy, and the rule of law. Vulnerable communities, including migrants, are targets of discrimination and violence. Uncertainties in the Western Balkans and Central Asia remain. The recent decision of some countries to block reappointments of senior officers at key OSCE institutions undermines the organization at a time when effective contributions to security and cooperation across the region are so deeply needed. The Helsinki Commission regularly holds a hearing allowing the annually rotating OSCE chairmanship to present its priorities for the year and to exchange views on current issues. Albanian Prime Minister Edi Rama, who holds his country’s foreign affairs portfolio, will appear at this hearing to discuss the performance of the OSCE thus far in 2020 and to share his views in advance of the OSCE Ministerial Council meeting scheduled for early December.
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press release
Hastings and Wicker Condemn Apparent Poisoning of Alexei Navalny
Thursday, August 20, 2020WASHINGTON—Following today’s apparent poisoning of Russian opposition leader Alexei Navalny, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following joint statement: “Sadly, Alexei Navalny is the latest in a long line of Russians to be targeted for supporting freedom and democracy in their country. These attacks are intended to silence dissent, but instead they highlight the cruelty, intolerance, and lawlessness of the Putin regime. We hope there will be consequences for those who carried out this crime and for those who approved it. We join many from around the world in praying for Alexei as he now fights for his life.” Navalny fell suddenly and seriously ill on a flight from Tomsk, Russia, to Moscow on the morning of August 20, 2020. The flight made an emergency landing and paramedics rushed Navalny to the hospital. He remains unconscious and on a ventilator, in stable but serious condition. Navalny has been the subject of numerous attacks and arrests connected to his anti-corruption work. In July 2019, Chairman Hastings and Co-Chairman Wicker expressed concern about Navalny’s hospitalization for an unknown “allergic reaction” following his arrest by Russian authorities ahead of pro-democracy protests. Navalny is the latest in a series of political activists who have been poisoned after opposing the Putin regime. Former Russian military intelligence officer and British double agent Sergei Skripal and his daughter Yulia were almost killed in Salisbury, England by exposure to the nerve agent Novichok in 2018. Russian democracy advocate Vladimir Kara-Murza was poisoned in 2015 and 2017. Former FSB officer Alexander Litvinenko died from radiation poisoning in London in 2006. In 2004, journalist Anna Politkovskaya was sickened on a flight; she survived only to be shot two years later. These and similar instances are widely considered to be organized and sanctioned by the highest levels of the Russian Government.
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in the news
The OSCE: A Bulwark Against Authoritarianism
Thursday, August 13, 2020As we mark the 45th anniversary of the 1975 signing of the Helsinki Final Act, the founding document of today’s Organization for Security and Cooperation in Europe (OSCE), the ideals of democracy that had been advanced by that pact—freedom of speech, freedom of religion, and civil liberties—are under threat. In 1975, Soviet totalitarianism was the great threat to human rights and fundamental freedoms; today, authoritarianism poses a growing threat to human dignity and rights in the region. Authoritarianism is a fact of life in much of Eurasia, a reflection of the actual worldwide tension between countries defending universal human rights obligations and countries attempting to undermine trust in democratic institutions and promote an authoritarian model. This is true not only in repressive nations like Russia; even among some U.S. partner countries, there are warning signs. Some nations have also taken it upon themselves to block vital leadership roles in international institutions during a global pandemic unlike anything we have seen in a century. The ultimate outcome of this conflict is up to us. Liberty and human rights will prevail, but only if freedom-loving people everywhere join together to defend and preserve human rights and fundamental freedoms for all. Many international institutions dedicated to freedom and human rights were founded with U.S. support in the wake of World War II, in which more than a million U.S. citizens were either killed or wounded and trillions of dollars spent on the effort to defeat fascism. Democratic ideals are ingrained in the founding charters that established those organizations. For nearly 75 years, such institutions have consistently served as a bulwark against totalitarianism, communism, terrorism, and other forms of tyranny; limited conflict among nations; helped raise millions out of poverty; and spread democratic values throughout the world. The OSCE grew out of the Helsinki Final Act, a 1975 political agreement among the United States, Canada, the Soviet Union, and other European nations. Signed by both democratic and communist regimes, the Final Act acknowledged openly that respect for human rights within states is crucial to security among states, and that human rights concerns could legitimately be raised among signatories. Today, the OSCE is the world’s largest regional security organization, encompassing 57 countries in Europe, as well as the United States and Canada. It includes Russia, Ukraine, and many other successors of the former Soviet Union, reaching as far east as Central Asia and Mongolia, and north beyond the Arctic Circle. The phrase “Vancouver to Vladivostok” accurately describes the organization’s reach. With its “comprehensive concept of security,” the OSCE addresses military security, economic and environmental cooperation, and human rights and takes steps to prevent, manage, and resolve conflict within and among its members. The OSCE also supports the democratic development of nations that gained or regained independence in the post-Cold War period and are still finding their footing, often torn between corruption and the promise of a democratic future. Thirteen OSCE field missions operate in member countries seeking assistance in developing their democratic institutions. The OSCE recognizes and supports the important role played by civil society and the media in holding governments to account for blatant human rights violations and abuses of power. Unprecedented Gap in OSCE Leadership OSCE institutions—including its assembly of national legislators—foster an essential defense against the spread of authoritarianism. However, despite its comprehensive vision, we are now faced with an unprecedented gap in leadership at the OSCE due to the block on the extension of mandates for four senior leaders, including the Secretary General. Each week, the OSCE Permanent Council—comprising ambassadors to the OSCE from each participating State—meets in Vienna, Austria. In this forum, the United States seeks to shine a light on contraventions of States’ OSCE tenets and violations of international law. The OSCE independent institutions, like the field missions, carry those messages forward. In addition to the organization’s other work defending human rights and fundamental freedoms, its Office for Democratic Institutions and Human Rights (ODIHR) manages the OSCE’s election observation missions, internationally recognized as the “gold standard” for their methodology. Other independent offices lead the OSCE’s work on Freedom of the Media and rights of national minorities. Unfortunately, in July, these vital institutions were deprived of strong and consistent leadership by countries—including Azerbaijan, Tajikistan, and Turkey—that seem intent on attempting to weaken the OSCE’s ability to hold countries accountable for their actions and undermining the principles of the Helsinki Final Act. The executive and legislative branches of the U.S. government are partners in bringing American leadership to support the OSCE’s work. Several times each year, members of Congress—including lawmakers serving on the U.S. Helsinki Commission, which monitors implementation of the Helsinki Accords —gather at meetings of the OSCE Parliamentary Assembly, where they secure political commitments and build mutually beneficial relationships among legislators from the OSCE’s participating States to help push back against anti-democratic actions by national governments. Unfortunately, several OSCE participating States—countries that have repeatedly committed to upholding the principles and values enshrined in the Helsinki Final Act— are exhibiting a troubling slide toward authoritarianism. The United States and our democratic allies have criticized efforts to restrict and persecute journalists, human rights defenders, civil society, members of the political opposition, and members of ethnic and religious minorities. We also have jointly criticized efforts to stifle media freedom and limit political pluralism in Russia, Belarus, Azerbaijan, Tajikistan, and Turkmenistan, as well as raised concerns about media consolidation in Hungary, and limitations on freedom of speech and freedom of the press elsewhere. Russia’s Destabilizing Actions No OSCE participating State bears more responsibility for fomenting mistrust, insecurity, corruption, and human rights violations and abuses in this region than the Russian Federation. Russia’s destabilizing actions contravene all 10 Helsinki Final Act principles, ranging from respect for human rights to the prohibition of military incursions into neighboring countries. Russia continues its aggressive actions in Ukraine, including its purported annexation of Crimea. The proxy forces Russia arms, trains, leads, and fights alongside in eastern Ukraine make it dangerous for the unarmed OSCE Special Monitoring Mission to Ukraine to fulfill its Permanent Council-approved mandate to monitor the conflict. Russia uses its resources—economic, political, informational, and military—to defeat freedom and democracy. Russia does not rely on military force alone to threaten democratic governance; it also uses hybrid tactics daily, ranging from cyber intrusions to influence campaigns — aimed at undermining democratic elections. We hope that someday, authoritarian countries like Russia will start behaving again according to the rules of international law. Unfortunately, these countries currently reject the values of democracy, liberty, and human rights. The authoritarian regimes view democracy as an existential threat—hence the actions some of them have taken to restrict the OSCE’s ability to do its work. The struggle today is between those who believe authoritarianism is the right way forward and those of us who still believe that Thomas Jefferson was right in his declaration that the desire for freedom exists within the heart of every human being. In a hyper-connected modern world in which disinformation becomes an ever more powerful weapon and the divisions within free societies are exploited by malign actors, U.S. membership in organizations like the OSCE emphasizes clearly, openly, and emphatically that America will not cede the field to the authoritarian regimes. We will not allow them to be the ones to dictate what is truth and what is fiction. Human Rights and Ideals Just as Valid in 2020 Through the OSCE, the United States directly confronts the deceit of Russia and other authoritarian powers. By raising our voices, through our participation and leadership, we reassure our friends that the United States stands with them and supports our shared values against the growing tide of autocracy. By raising our voices, we remind allies and adversaries alike that the United States remains engaged and committed to what is fair, what is right, and what is true. Together, our U.S. Mission to the OSCE and the U.S. Helsinki Commission remind allies and adversaries alike that America will not ignore regimes that are actively hostile to our values and see our liberty as an existential threat. We will always prioritize respect for human rights and fundamental freedoms, defend the principles of liberty, and encourage tolerance within societies, because such efforts are vital to the promotion of democracy and to U.S. national security. We reject the authoritarian notion that our fundamental freedoms are a weakness. They are our greatest strength. The United States and other like-minded countries use the power of the OSCE to show that human rights and ideals are just as valid in 2020 as they were in 1975, when the Helsinki Accords were signed. These rights not only ensure the physical, economic, and mental wellbeing of all our populations, they make the countries’ governments stronger by building legitimacy in the eyes of their citizens. America’s unwavering support of these values through multilateral organizations like the OSCE remains vital. As noted in the Trump administration’s U.S. National Security Strategy, “Authoritarian actors have long recognized the power of multilateral bodies and have used them to advance their interests and limit the freedom of their own citizens. If the United States cedes leadership of these bodies to adversaries, opportunities to shape developments that are positive for the United States will be lost.” The OSCE deserves to be recognized by the people of both the United States and our allies and partners as a valuable tool in the fight against autocracy. We must not abandon it by leaving its most important institutions without leadership beyond its 45th anniversary. Instead, through our efforts, and those of our allies and partners in the OSCE, we must continue to defend liberty and human rights in our region and provide a beacon of hope for citizens everywhere who aspire to a free and democratic future.
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statement
RUSSIAN CYBER ATTACKS ON COVID RESEARCH CENTERS
Thursday, July 23, 2020Madam Speaker, I rise today to strongly condemn the recently reported Russian cyber attacks on United States, United Kingdom and Canadian COVID-19 research centers. As the world continues to battle the COVID-19 pandemic, Vladimir Putin's regime has once again lived up to its reputation for lawlessness and cynicism by targeting vaccine research and development organizations with ``the intention of stealing information and intellectual property relating to the development and testing of COVID-19 vaccines,'' as assessed by U.S., British and Canadian intelligence agencies. Sadly, neither this appalling cyber attack, nor the pitiful Kremlin denials which followed, are too surprising to those of us who watch Russia closely. As a Member of the U.S. Delegation to the Parliamentary Assembly of the Organization for Security and Cooperation in Europe--the OSCE PA--and Chairman of the Committee on Political Affairs and Security, I regularly participate in difficult discussions with Russian political leaders about Moscow's geopolitical misconduct. The Kremlin's campaign across the OSCE space and beyond is aimed at destabilizing and undermining the international order by any means necessary, to include the invasion and occupation of OSCE participating States, the assassination of political opponents abroad, disinformation and more. On July 7, 2020, I communicated directly to the OSCE PA which included the presence of the Russian head of delegation how seriously the United States is taking reports of Russian monetary bounties to Taliban-linked insurgents for the killing of American and NATO soldiers in Afghanistan. The fact of Kremlin support to the Taliban had already surfaced in a hearing of the United States Helsinki Commission which I chaired on June 12, 2019, in open testimony by former Deputy Assistant Secretary of Defense for Russia Michael Carpenter. Madam Speaker, I will continue to work with colleagues here at home and across the Atlantic to ensure the Kremlin's bald faced denials of its malign actions are countered, and that Vladimir Putin's regime faces the appropriate consequences for its actions. The OSCE Parliamentary Assembly has proven time and again its value as a forum to counter disinformation and foster cooperation to counter common threats. A result of these most recent reports, I intend to advocate for that body to prioritize results-oriented discussions on state-sponsored cyber attacks in our region in its upcoming work session. Madam Speaker, please join me in condemning the Kremlin's latest despicable actions.
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article
Helsinki Commission Chairman Amends NDAA to Reflect Support for Open Skies Treaty
Wednesday, July 22, 2020On May 21, 2020 the Trump administration reportedly decided to withdraw the United States from the Open Skies Treaty to be effective at the end of this year. To express strong opposition, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) recently authored an amendment to H.R.6395, the William M. (Mac) Thornberry National Defense Authorization Act (NDAA) for Fiscal Year 2021, expressing the sense of Congress that the Trump Administration’s decision to withdraw from the Treaty on Open Skies did not comply with a legal requirement to notify Congress; did not assert that any other Treaty signatory had breached the Treaty; and was made over the objections of NATO allies and regional partners. “I am proud to have worked with Rep. Jimmy Panetta to successfully amend the House FY21 NDAA to express Congressional support for Open Skies and reiterate our commitment to the confidence and security building measures that are so vital to our NATO allies and partners,” said Chairman Hastings. “As Chairman of the U.S. Helsinki Commission, I strongly disagree with the President’s decision to withdraw from the Open Skies Treaty, an important arms control agreement that significantly reduces the risk of armed conflict.” The measure expresses support for confidence and security building measures like the Open Skies Treaty, because they reduce the risk of conflict, increase trust among participating countries, and contribute to military transparency and remain vital to the strategic interests of our NATO allies and partners. The amendment also underlines the need to address Russian violations of treaty protocols through international engagement and robust diplomatic action. The full amendment is available below or as amendment numbered 167 printed in House Report 116-457. Chairman Hastings had previously condemned the Trump administration’s decision to withdraw from the Treaty on Open Skies, which is designed to increase transparency, build confidence, and encourage cooperation among the United States, Russia, and 32 other participating states (including much of Europe as well as partners like Ukraine and Georgia), by permitting unarmed observation aircraft to fly over their entire territory to observe military forces and activities. In November 2019, the Commission hosted a joint hearing with the House Committee on Foreign Affairs on the importance of the Open Skies Treaty, emphasizing its critical role in security and stability around the world, which still stands today. The United States has conducted nearly three times as many flights over Russia as Russia has over the United States under the treaty. The United States has also used the treaty to support partners by conducting flights over hot spots such as the Ukraine-Russian border. Amendment At the end of subtitle D of title XII, add the following: SEC. 12__. SENSE OF CONGRESS ON THE OPEN SKIES TREATY. It is the sense of Congress that-- (1) the decision to withdraw from the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002-- (A) did not comply with the requirement in section 1234(a) of the National Defense Authorization Act for Fiscal Year 2020 (133 Stat. 1648; 22 U.S.C. 2593a note) to notify Congress not fewer than 120 days prior to any such announcement; (B) was made without asserting material breach of the Treaty by any other Treaty signatory; and (C) was made over the objections of NATO allies and regional partners; (2) confidence and security building measures that are designed to reduce the risk of conflict, increase trust among participating countries, and contribute to military transparency remain vital to the strategic interests of our NATO allies and partners and should continue to play a central role as the United States engages in the region to promote transatlantic security; and (3) while the United States must always consider the national security benefits of remaining in any treaty, responding to Russian violations of treaty protocols should be prioritized through international engagement and robust diplomatic action.
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press release
Hastings: Petty Parochialism Denies OSCE Vital Leadership During Global Crisis
Tuesday, July 14, 2020WASHINGTON—Following yesterday’s failure of OSCE representatives to renew the mandates of four leadership positions—the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the Office for Democratic Institutions and Human Rights—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “We are in trouble when petty parochialism denies us vital leadership in the midst of a global crisis. Now more than ever, reliable multilateral institutions are needed to forge solutions during and after the current pandemic. “Azerbaijan, Tajikistan, Turkey, and other OSCE participating States who have blocked consensus on extending dedicated public servants should be ashamed of themselves. History will show the folly of abandoning essential leadership for cooperation.” Negotiations to renew each mandate collapsed in part in response to the written objections of Azerbaijan, Tajikistan, and Turkey, and the subsequent withholding of consensus by other participating States. Even efforts to devise interim extensions failed, leaving vital OSCE leadership positions vacant during an unprecedented global crisis. The failure highlights the unwillingness of some OSCE participating States to live up to their stated commitments to democratic institutions, the rule of law, media pluralism, and free and fair elections. Leaving key leadership roles unfilled drastically weakens the OSCE’s ability to hold countries accountable for their actions and undermines the principles of the Helsinki Final Act. The Organization for Security and Cooperation in Europe (OSCE) is the world’s largest regional security organization. It spans 57 participating States reaching from Vancouver to Vladivostok. The OSCE sets standards in fields including military security, economic and environmental cooperation, and human rights and humanitarian concerns. In addition, the OSCE undertakes a variety of initiatives designed to prevent, manage, and resolve conflict within and among the participating States.
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press release
Wicker and Cardin Commend United Kingdom Magnitsky Sanctions on Russian and Saudi Officials
Tuesday, July 07, 2020WASHINGTON—Following the recent designations under the United Kingdom’s Magnitsky sanctions framework of Russian and Saudi officials responsible for the deaths of Sergei Magnitsky and Jamal Khashoggi, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) released the following statement: “We are encouraged to see the United Kingdom applying its first-ever independent Magnitsky sanctions. These sanctions demonstrate that following Brexit, the UK remains committed to fighting human rights abuse and kleptocracy. “We hope the UK will continue to apply Magnitsky sanctions as needed and develop additional anti-corruption policies to stem the flow of illicit wealth into the country. We also encourage the European Union to move forward on plans to develop its own Magnitsky sanctions. Consequences for bad acts are most effective when imposed in concert.” The UK passed its Magnitsky sanctions law in 2018. That same year, Russia attempted to assassinate Sergei Skripal, a former Russian double agent who spied for the UK, in Salisbury, England. UK Magnitsky sanctions freeze the assets of designees and prevent them from entering the country, and are expected to be a powerful deterrent for kleptocrats, given the propensity of corrupt officials to steal and launder money into London as well as send their children to British boarding schools. In December 2019, EU High Representative for Foreign Affairs and Security Policy Josep Borrell announced that the EU would start preparatory work for the equivalent of a Magnitsky sanctions mechanism. However, no further progress has been reported. In May 2020, Co-Chairman Wicker and Sen. Cardin urged U.S. Secretary of State Mike Pompeo to ask High Representative Borrell to expedite the adoption of EU sanctions on human rights abusers and include provisions for sanctioning corruption.
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press release
Hastings and Wicker Denounce Fraudulent Vote in Russia
Thursday, July 02, 2020WASHINGTON—Following this week’s manipulated vote to amend Russia’s constitution to further weaken the separation of powers, strengthen the presidency, and allow President Vladimir Putin to remain in office until 2036, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following joint statement: “As we have seen time and again in Putin’s Russia, the outcome of this vote was decided long before the ballots were tallied. “Thanks to a fraudulent plebiscite ‘legitimizing’ the rubber stamp of Russia’s parliament, the Russian people—along with those living under Russian occupation—will remain under the thumb of an increasingly powerful Putin who could rule until he is in his eighties. “State-sponsored fraud, coercion, and obfuscation make it impossible to know the true will of the Russian people, who deserve a responsive, democratic government in line with Russia’s OSCE commitments.” From June 25 to July 1, 2020, citizens of Russia and residents of illegally-occupied Crimea and Russia-backed separatist regions of the Donbas could vote either for or against a package of more than 200 amendments to Russia’s constitution. Because the vote was not technically classified as a referendum, regulations and procedures that would usually apply—including a required minimum voter turnout level—were disregarded. Russia’s Central Election Commission released preliminary results showing overwhelming support for the amendments hours before the last polls closed, which under normal circumstances would be illegal. The potential for voter fraud was increased by the Russian Government’s decision to spread the voting over the span of a week and introduce electronic voting in some areas, ostensibly to prevent the spread of the coronavirus. Independent journalists have received credible reports of people being paid to create multiple false profiles to vote online, employees being coerced into voting by their superiors, and the use of online tools to track voter participation. Individuals documented ballot-stuffing and other irregularities at polling places. The package of amendments was approved overwhelmingly and with little discussion by President Putin and both chambers of the Russian parliament on March 11, 2020, then rapidly cleared by the regional parliaments and the Constitutional Court. It required a nationwide vote to come into force. Vladimir Putin has ruled Russia either as president or prime minister for 20 years. He can now pursue two more six-year terms after his current term expires in 2024.
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press release
Co-Chairman Wicker Urges Swiss Government to Restore Confidence in Integrity of Magnitsky Investigation
Thursday, July 02, 2020WASHINGTON—In a letter to Swiss Ambassador Jacques Pitteloud released today, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) urged the Government of Switzerland to take the necessary steps to restore confidence in the integrity of the Magnitsky investigation and ensure its timely resolution. The letter reads in part: “Sergei Magnitsky’s story has become emblematic of the struggle of many Russians to fight the corruption of their own government at great risk to themselves. While I have been dispirited by the brutality shown the Russian journalists and civil society activists who carry on Magnitsky’s legacy of bravely telling the truth, I am also heartened by the tenacity of these individuals. They depend on countries like ours to hold their oppressors to account. “Given all that is at stake, I was surprised to learn that a Swiss Federal Police officer, Vincenz Schnell, went on a bear-hunting trip with Russian prosecutors paid for by Russian oligarchs. Though he has now been found guilty of accepting this and other gifts from Russia, the Magnitsky case has lingered for years and will be nearing its end when the statute of limitations expires in 2023.” Schnell’s former boss and top Swiss law enforcement official, Federal Prosecutor Michael Lauber, currently is facing impeachment proceedings following allegations of mishandling high-profile corruption and money laundering cases. For example, Lauber was forced to recuse himself from a U.S.-led investigation of corruption within FIFA, soccer’s international governing body, after it was discovered he was meeting with FIFA’s president. Russian officials were among the targets of this investigation for bribes paid to secure the World Cup. The full text of the letter can be found below: Dear Ambassador Pitteloud, I was troubled to learn that the most senior Russia specialist in Swiss law enforcement with responsibility for investigating the Magnitsky case was caught accepting gifts from Russian officials. The reports indicate that these gifts were meant to stymie the swift administration of justice in this case. As a member of the Helsinki Commission, I have followed this case from its inception. Sergei Magnitsky’s story has become emblematic of the struggle of many Russians to fight the corruption of their own government at great risk to themselves. While I have been dispirited by the brutality shown the Russian journalists and civil society activists who carry on Magnitsky’s legacy of bravely telling the truth, I am also heartened by the tenacity of these individuals. They depend on countries like ours to hold their oppressors to account. Given all that is at stake, I was surprised to learn that a Swiss Federal Police officer, Vincenz Schnell, went on a bear-hunting trip with Russian prosecutors paid for by Russian oligarchs. Though he has now been found guilty of accepting this and other gifts from Russia, the Magnitsky case has lingered for years and will be nearing its end when the statute of limitations expires in 2023. The last Swiss actions that I am aware of in the Magnitsky case were the 2011 freezing of $11 million against Olga and Vladlen Stepanov and the 2012 freezing of $8 million against Prevezon. In the United States, we have added the Stepanovs to the Magnitsky sanctions list, where their assets are frozen and visas cancelled for their role in the Magnitsky case. U.S. law enforcement also prosecuted Prevezon for using proceeds from the Magnitsky case to purchase New York real estate and Prevezon has now paid a $6 million settlement to our government. My Senate colleagues and I are committed to seeing justice done in the Magnitsky case and preventing Russian kleptocrats from reaping the proceeds of corruption. I hope to hear from you as to what steps your government has taken and will take in the future to restore confidence in the integrity of this investigation and ensure its timely resolution. Sincerely, Roger F. Wicker Co-Chairman
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press release
Chairman Hastings Demands Release of Paul Whelan
Wednesday, June 17, 2020WASHINGTON—Following the sentencing of U.S. citizen Paul Whelan to 16 years in a maximum-security prison by a Russian court, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “In clear violation of Russia’s OSCE commitments, Paul Whelan was denied his right to due process. His long and harsh pre-trial detention, and the secretive nature of Paul’s trial and the spurious ‘evidence’ against him, show that Russia’s authorities are not concerned about justice. This is nothing more than a politically-motivated stunt that has inflicted serious damage on an American citizen. Paul Whelan must be released.” Paul Whelan was arrested in Moscow in December 2018, where he planned to attend a wedding. FSB agents broke into his hotel room and found a flash drive that Whelan’s Russian friend had told him contained photos from a recent trip. Authorities claimed that the flash drive contained classified information. Whelan has been detained in Moscow’s Lefortovo prison, unable to contact his family and friends, alleging abuse from guards, and suffering from health problems.
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press release
Helsinki Commission Chairman Condemns Reported U.S. Withdrawal from Open Skies Treaty, Calls For New START Extension
Thursday, May 21, 2020WASHINGTON—Following reports that the Trump administration has notified other governments of its intent to withdraw from the Treaty on Open Skies, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “The Open Skies Treaty has underpinned transatlantic security for decades, and has always enjoyed bipartisan support precisely because of its contributions to our security and that of our allies and partners,” said Chairman Hastings. “The Trump administration’s ideological opposition to arms control agreements has undercut transparency and predictability in Europe at a time when U.S. leadership is needed most. “The timing of this ill-advised decision so close to our elections is distasteful. The United States withdrawing from the Open Skies Treaty can only benefit Putin’s continuing campaign of aggression against Russia’s neighbors. I urge the administration to reconsider and instead work with Congress to double down on supporting our allies and partners in Europe, and particularly working to secure the prompt extension of the New START Treaty.” The Open Skies Treaty is designed to increase transparency, build confidence, and encourage cooperation among the United States, Russia, and 32 other participating states (including much of Europe as well as partners like Ukraine and Georgia), by permitting unarmed observation aircraft to fly over their entire territory to observe military forces and activities. The United States has conducted nearly three times as many flights over Russia as Russia has over the United States under the Treaty. The United States has also used the Treaty to support partners by conducting flights over hotspots such as the Ukraine-Russian border. The New START Treaty between the United States and Russia limits each side’s intercontinental ballistic missile launchers, nuclear-capable heavy bombers, and deployed nuclear warheads, and includes a substantial verification regime to ensure the sides comply with the Treaty’s terms. New START is due to expire in February 2021, unless both parties agree to extend it for no more than five years.
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press release
Co-Chairman Wicker Commends Decision by Belarus to Refuse Extradition of Jehovah’s Witness to Russia
Tuesday, May 19, 2020WASHINGTON—Following the April decision by the Prosecutor General of Belarus to reject the Government of Russia’s request to extradite a Russian national to face criminal charges for being a Jehovah’s Witness, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “I commend the government of President Alexander Lukashenko for releasing Nikolai Makhalichev and rejecting the Kremlin’s request to extradite him. If forced to return to Russia, Mr. Makhalichev would face detention, a criminal trial, certain conviction, and imprisonment—merely for practicing his sincerely-held religious beliefs. “In keeping with Belarus’ OSCE commitments and other international obligations, Belarusian authorities should continue to resist the extradition of Mr. Makhalichev to Russia, allow him to move freely, and respect his human rights and fundamental freedoms, regardless of whether the Government of Belarus grants him refugee status or another country gives him legal protection.” Background Amendments in 2006 to Russia’s Federal Law on Countering Extremist Activity criminalized a wide range of religious activities as “extremist,” without precisely defining extremism or requiring that such activities have a violent element. The Russian Government invoked the law as it began relentlessly targeting Jehovah’s Witnesses, a peaceful faith community, with investigations, raids, arrests, detention, trials, the closure of local congregations, website and literature bans, and more. In July 2017, the Supreme Court of Russia upheld an earlier ruling in favor of the Ministry of Justice that Jehovah’s Witnesses are an “extremist” group, criminalizing and effectively banning their activities, and ordering their property to be seized and liquidated. Since then, Russian authorities have conducted criminal investigations into at least 333 Jehovah’s Witnesses, including Makhalichev; courts have convicted at least 32 of them. The authorities have engaged in raids, detentions, house arrests, travel restrictions, property confiscations, and even torture. In February 2020, Belarusian police detained Makhalichev, citing the criminal charges against him in Russia. He then applied for refugee status in Belarus. The Russian Prosecutor General’s Office formally requested extradition in March. The Belarusian Ministry of Interior is currently adjudicating Makhalichev's refugee application. In September 2019, the Helsinki Commission held a hearing highlighting how the Kremlin and other autocratic governments engage in transnational repression against people they perceive as hostile to them: using tools such as INTERPOL to request arrest and extradition, and sometimes even surveilling, abducting, and assassinating targeted persons on foreign soil. Helsinki Commission Chairman Rep. Alcee L Hastings (FL-20), Co-Chairman Wicker, Ranking Member Rep. Joe Wilson (SC-02), and Ranking Member Sen. Ben Cardin (MD) introduced the Transnational Repression Accountability and Prevention (TRAP) Act to combat such threats. Like all participating States of the Organization for Security and Cooperation in Europe (OSCE), Russia and Belarus have repeatedly committed themselves to recognizing, respecting, and protecting freedom of religion or belief. In December 2019, U.S. Secretary of State Mike Pompeo redesignated Russia for the Special Watch List of countries that have committed severe violations of religious freedom, per the Frank R. Wolf International Religious Freedom Act. Since 2017, the United States Commission on International Religious Freedom has recommended designating Russia as a Country of Particular Concern under the International Religious Freedom Act of 1998. Belarusian law authorizes the government to grant refugee status to a foreigner if he or she has a “well-founded fears of being persecuted in the country of his/her citizenship for the reason… of…religion,” and prohibits the government from expelling the applicant to that country, even if the government denies, revokes, or otherwise removes their refugee status. The law also requires the government to give foreigners requesting refugee status or related legal protection access to the United Nations High Commission for Refugees.
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publication
Human Rights and Democracy in a Time of Pandemic
Tuesday, May 12, 2020The outbreak of the novel coronavirus pandemic has prompted governments around the world to take extraordinary measures in the interest of public health and safety. As of early April, nearly two-thirds of the 57 participating States of the Organization for Security and Cooperation in Europe had declared “states of emergency” or invoked similar legal measures in response to the crisis. Often such measures have enabled governments to enact large-scale social distancing policies and suspend economic activity to save lives and preserve the capacity of national public health infrastructure to respond to the spread of infections. At the same time, human rights organizations and civil society activists have expressed concern regarding the breadth of some emergency measures and recalled the long history of government abuse of emergency powers to trample civil liberties. Exactly three decades ago, OSCE participating States unanimously endorsed a set of basic principles governing the imposition of states of emergency, including the protection of fundamental freedoms in such times of crisis. In 1990 in Copenhagen, OSCE countries affirmed that states of emergency must be enacted by public law and that any curtailment of human rights and civil liberties must be “limited to the extent strictly required by the exigencies of the situation.” According to the Copenhagen Document, emergency measures furthermore should never discriminate based on certain group characteristics or be used to justify torture. Building on these commitments a year later in Moscow, participating States underscored that states of emergency should not “subvert the democratic constitutional order, nor aim at the destruction of internationally recognized human rights and fundamental freedoms.” The Moscow Document stresses the role of legislatures in imposing and lifting such declarations, the preservation of the rule of law, and the value of guaranteeing “freedom of expression and freedom of information…with a view to enabling public discussion on the observance of human rights and fundamental freedoms as well as on the lifting of the state of public emergency.” In some corners of the OSCE region, however, national authorities are violating these and other OSCE commitments in the name of combatting coronavirus. While many extraordinary responses are justified in the face of this crisis, government overreach threatens the well-being of democracy and the resilience of society at a critical time. Download the full report to learn more.
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press release
Wicker and Cardin Urge Pompeo to Work with EU High Representative to Advance EU Magnitsky Sanctions
Monday, May 11, 2020WASHINGTON—In a letter released today, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) urged U.S. Secretary of State Mike Pompeo to ask the EU’s High Representative for Foreign Affairs and Security Policy, Josep Borell, to expedite the adoption of EU sanctions on human rights abusers, include provisions for sanctioning corruption, and ensure that the EU sanctions regime bears Sergei Magnitsky’s name. The letter reads in part: “In this time of global crisis, dictators and kleptocrats are only increasing their bad actions, making it more important than ever that the EU move quickly to make the EU Magnitsky Act a reality... “It has become clear that corruption and human rights abuse are inextricably linked. The lack of provisions to sanction corruption would weaken the comprehensive Magnitsky approach. It would also lead to difficulties synchronizing U.S. and EU sanctions by enabling corrupt officials barred from the United States to continue operating in the EU, thus diminishing our deterrent and increasing Europe’s vulnerability to exploitation... “It was Sergei Magnitsky who started this very effort to end impunity for human rights abusers and corrupt officials. Omitting the name of Magnitsky, who was jailed, tortured, beaten, murdered, and posthumously convicted, would indicate a lack of resolve to stand up to brutal regimes around the world.” The U.S. Global Magnitsky Human Rights Accountability Act, which authorizes the President to impose economic sanctions and deny entry into the United States to any foreign person he identifies as engaging in human rights abuse or corruption, has been an important asset in the U.S. diplomatic toolkit. In December 2019, High Representative Borrell announced that all Member States unanimously agreed to start preparatory work for an equivalent of Global Magnitsky, adding that such a framework would be “a tangible step reaffirming the European Union’s global lead on human rights.” The Baltic States, Canada, and the UK already have adopted similar legislation. However, the current proposal for an EU Magnitsky Act does not include sanctions for officials involved in corruption, nor does it include any reference to Sergei Magnitsky by name. The full text of the letter can be found below: Dear Mr. Secretary, As the original sponsors of the Magnitsky Act, we aim to increase the impact of the legislation worldwide by encouraging our allies to join us in sanctioning bad actors. At the moment, the European Union (EU) has agreed in principle to adopt their own sanctions similar to those provided by the Global Magnitsky Act, but certain issues remain. Therefore, we ask that you work with Josep Borrell, High Representative of the EU for Foreign Affairs and Security Policy, to ensure the EU adopts and implements the most thorough and effective sanctions package possible. Our first concern is that the EU seems to have stalled in putting together the details of their Magnitsky sanctions regime because of the global health crisis. In December, High Representative Borrell announced that there was political agreement to move forward on a Magnitsky-like piece of legislation, which his team would begin drafting. Since then, we fear this work has been sidelined. In this time of global crisis, dictators and kleptocrats are only increasing their bad actions, making it more important than ever that the EU move quickly to make the EU Magnitsky Act a reality. Our second concern is that the proposal for an EU Magnitsky Act does not include sanctions for officials involved in corruption. It has become clear that corruption and human rights abuse are inextricably linked. The lack of provisions to sanction corruption would weaken the comprehensive Magnitsky approach. It would also lead to difficulties synchronizing U.S. and EU sanctions by enabling corrupt officials barred from the United States to continue operating in the EU, thus diminishing our deterrent and increasing Europe’s vulnerability to exploitation. Finally, we are concerned that the EU is not planning to include Magnitsky’s name on the sanctions regime. It was Sergei Magnitsky who stood up to a ruthless, violent, and corrupt state and demanded fairness and accountability for his fellow citizens. And it was Sergei Magnitsky who started this very effort to end impunity for human rights abusers and corrupt officials. Omitting the name of Magnitsky, who was jailed, tortured, beaten, murdered, and posthumously convicted, would indicate a lack of resolve to stand up to brutal regimes around the world. Therefore, we request that you ask the High Representative Borrell to expedite the adoption of their sanctions, include provisions for sanctioning corruption, and ensure that the EU sanctions regime bears Sergei Magnitsky’s name. It is important that we do not let our guard down and continue our global leadership in this important area. Sincerely, Benjamin L. Cardin Roger F. Wicker Ranking Member Co-Chairman
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Remarks from Sen. Cardin Concerning COVID-19 Emergency Responses
Friday, May 08, 2020OSCE PA Webinar: Respecting Human Rights And Maintaining Democratic Control During States of Emergency Thank you, Mr. President Tsereteli and Secretary General Montella, for organizing this dialogue. Director Gisladottir and Mr. Abramowitz, thank you for the work each of you is doing to shine a light on the human rights and democracy implications of emergency measures introduced in response to the COVID-19 pandemic, as well as the implications of other government actions taken during this public health crisis that may threaten the health of our democracies. As parliamentarians, we have a responsibility to ensure that the measures we introduce and which our governments implement are consistent with OSCE standards on human rights and democracy, including the 1991 Moscow Document’s commitments regarding states of emergency. Those actions must be necessary, proportional, transparent, and temporary. Emergency provisions which restrict freedom of speech or freedom of the media are especially concerning and may actually undermine our efforts to address this health emergency. We need to ensure that journalists, medical professionals, scientists and others can provide the public with information we need to battle covid. Muzzling independent voices undermines public confidence in government at a time when that confidence and public cooperation is critical to the success of the safety measures we need. And yes, sometimes this means governments are going to hear they they’re not getting it right and sometimes governments will need to make course corrections. But there’s a big difference between addressing bad news and suppressing bad news. A robust civil society is a critical partner to each of our governments and will strengthen our resilience. Unfortunately, just this virus exploits vulnerabilities of pre-existing conditions, some governments may exploit the human rights limitations already in place before this pandemic, including laws or practices that unduly restrict civil society, or limit the freedoms of expression, association, or assembly. President Tseretelli, your appointment of a Special Representative on Civil Society last August could not have come at a more important time. I hope members of this assembly will advance efforts to protect the core fundamental freedoms that are essential for civil society voices to be heard and support the work of my colleague, Special Representative Pia Kauma. We also need to ensure that civil society voices continue to be heard within the OSCE. As we look ahead to how the participating States organize human dimension activities this year, and particularly the annual Human Dimension Implementation Meeting, it is critical that we preserve the access and openness that have made the OSCE such an important forum for human right defenders. Whether OSCE meetings are in person or online, those standards of access should be preserved. Finally, democratic institutions, including as the rule of law, the independence of the judiciary, and free elections, must be preserved even during states of emergency. I think this is really one of the most important contributions of the 1991 Moscow Document — it speaks to these exact points: “A state of public emergency may not be used to subvert the democratic constitutional order.” “The participating States will endeavor to ensure that the normal functioning of the legislative bodies will be guaranteed to the highest possible extent during a state of public emergency.” “The participating States will endeavor to ensure that the legal guarantees necessary to uphold the rule of law will remain in force during a state of public emergency.” We may need to make changes in how our courts hear cases or the mechanics of our elections. But a health emergency does not diminish our commitment to ensure the integrity of our democratic institutions. The United States will proceed with our elections in a manner that ensures the public’s safety and respects the rights of voters, and consistent with our OSCE commitments. Thank you.
Wednesday, June 26, 2019