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A Call to OSCE Commitments in Aftermath of Turkish ReferendumThursday, May 04, 2017
Mr. President, I rise today to express my concerns about the outcome of the April 16 constitutional referendum in Turkey, when more than 50 million Turkish citizens voted on constitutional amendments to convert Turkey's parliamentary government into a presidential system. Turkey is a longstanding friend of the United States and a NATO ally. Our bilateral partnership dates back to the Cold War when Turkey served as an important bulwark against the creeping influence of the Soviet Union. Time has not diminished Turkey's geostrategic importance. Today, Ankara finds itself at the intersection of several critical challenges: the instability in Syria and Iraq, the threat of ISIS and other extremist groups, and the refugee crisis spawned by this regional upheaval. The United States relies on Turkey and other regional partners to help coordinate and strengthen our collective response. I was deeply troubled when renegade military units attempted to overthrow Turkey's democratically elected government last July. Turkey's strength is rooted in the democratic legitimacy of its government – a pillar of stability targeted by the reckless and criminal coup attempt. As Chairman of the Commission on Security and Cooperation in Europe, or U.S. Helsinki Commission, I take very seriously the political commitments made by the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE). These commitments – held by both the United States and Turkey – represent the foundation of security and cooperation in the OSCE region. They include an indispensable focus on human rights, rule of law, and democratic institutions. In the OSCE's founding document, the Helsinki Final Act, participating States affirm "the universal significance of human rights and fundamental freedoms" and consider respect for these to be an "essential factor" for international peace and security. This vision is consistent with long-established U.S. foreign policy promoting human rights and democracy as cornerstones of a safer, more stable international order. With these principles in mind, the United States must pay urgent attention to the current situation in Turkey and the danger it poses to Turkish and regional stability. Eroding respect for fundamental freedoms, rule of law, and democratic institutions in Turkey has proceeded at an alarming pace. The government's planned "executive presidency" will further decrease government accountability. Since the attempted coup more than nine months ago, Turkey has operated under a state of emergency that gives the government sweeping authority to curtail rights and silence opponents. Certain extraordinary measures may have been justified in the immediate aftermath to restore order, investigate events, and bring perpetrators to justice, but the government's actions have stretched far beyond these legitimate aims. The ongoing purge has touched every institution of government, sector of society, corner of the country, and shade of opposition – military or civilian, Turk or Kurd, religious or secular, nationalist or leftist, political or non-political. An atmosphere of fear and uncertainty has settled over Turkish society as more than 100,000 people have been detained or arrested. Tens of thousands have been fired from their jobs, had their professional licenses revoked, and had their names released on public lists without any recognizable due process. The government removed and replaced thousands of judges and prosecutors within hours of the coup's defeat, compromising the independence of the judiciary at a moment when an impartial justice system had become more important than ever. The government has also closed more than 150 media outlets. Upwards of 80 journalists are behind bars. The offices of the country's oldest newspaper were raided, and the paper's editor-in-chief and other staff were arrested. The media environment was already under extraordinary pressure before the coup. Last spring, the government seized control of the country's highest-circulation paper. Self-censorship is now widely practiced to avoid provoking the government's ire. Additionally, state of emergency decrees have given regional governors the ability to curtail freedom of assembly rights, harming the ability of civil society organizations to organize rallies concerning the referendum. Since July, the government has detained more than a dozen opposition parliamentarians. Many more continue to face criminal charges for political statements they made before the coup attempt. It is difficult to overstate the chilling effect these measures have had on political debate in Turkey. And yet, these are the circumstances under which Turks voted on April 16. These major constitutional changes passed with a slim majority of 51 percent. The OSCE's international observation mission stated in its preliminary conclusions that the vote "took place on an unlevel playing field" and that "fundamental freedoms essential to a genuinely democratic process were curtailed." Under the revised constitution, the once largely ceremonial position of president will convert into an "executive presidency" and the position of prime minister will be abolished. The president will be elected along with the national assembly every five years and has the ability to dissolve the assembly and call new elections at will. The president will also appoint a larger proportion — nearly half — of the country's supreme judicial council. In a report on these new constitutional provisions, the Venice Commission of the Council of Europe concluded that the amendments are a "step backwards" and pose "dangers of degeneration … towards an authoritarian and personal regime." Turkey is undergoing a disturbing transformation, and I am concerned these changes could undermine the strength of our partnership. President Erdogan's government has dramatically repressed dissent, purged opponents from every sector of government and society, and is now poised to consolidate power further under his self-described "executive presidency." In the short term, the Turkish government should act swiftly and transparently to investigate credible claims of voting irregularities in the referendum as well as the legality of a surprise electoral board decision to admit an unknown number of ballots that should be deemed invalid under existing rules. Public trust in the outcome of such a consequential vote is of utmost importance. Sadly, until now, the government has responded to these challenges with dismissiveness and suppression. In the past week, dozens of activists have been detained for participating in protests against the election results. Furthermore, the government should lift the state of emergency, stop all forms of repression against the free press, release all imprisoned journalists and political activists, and urgently restore public confidence in the judiciary. Only then can it credibly and independently adjudicate the tens of thousands of cases caught up in the government's months-long dragnet operations. A country where disagreements are suppressed rather than debated is less secure. A country where institutions are subordinated to personalities is less stable. A country where criticism is conflated with sedition is less democratic. Unless President Erdogan moves urgently to reverse these trends, I fear our partnership will inevitably become more transactional and less strategic. It will become more difficult to justify long-term investment in our relationship with Turkey if the future of the country becomes synonymous with the fortunes of one party or one individual. The United States and Turkey need a solid foundation for enduring cooperation to tackle regional instability, terrorism, migration, and other challenges. The future of this partnership is difficult to imagine in the midst of a prolonged state of emergency, wide-scale purges, and weakened democratic institutions.
Political Prisoners in RussiaTuesday, May 02, 2017
Principle VII of the 1975 Helsinki Final Act recognizes the right of individuals to know and act upon their human rights and fundamental freedoms, including freedom of thought, conscience, religion or belief, without distinction as to race, sex, language or religion. The following individuals who were profiled in the Helsinki Commission's April 2017 hearing, "Democracy & Human Rights Abuses in Russia: No End in Sight," illustrate the many cases of political prisoners in Russia today. Dmitry Buchenkov – Buchenkov was charged under Article 212 of the Russian criminal code ("participation in mass riots") and Article 318 ("use of force against a representative of the authority") for his participation in the 2012 Bolotnaya Square protests against fraud in the 2011 presidential elections. He was arrested in December 2015 and is currently under house arrest. He is recognized by Memorial as a political prisoner not only because the alleged offense did not take place, but also due to the lack of a fair trial and the disproportionate use of pretrial detention in light of the charge against him. His case illustrates the prosecution of individuals for engaging in nonviolent public protest against the government in general and the Bolotnaya Square cases in particular. Oleg Navalny – Navalny was charged under Article 159 ("swindling on a large scale"), article 159.4 ("swindling on a particularly large scale in the entrepreneurial sphere"), and article 174.1.a (laundering of funds on a large scale acquired by a person through a crime committed by him"). He was sentenced to 3 ½ years in a closed proceeding, Memorial considers him a political prisoner because the alleged offense did not take place and he was not given a fair trial. In reality, Oleg Navalny was targeted because he is the brother of prominent political activist Alexei Navalny. It appears the authorities are unwilling to make a martyr out of Alexei Navalny but seek to exert pressure on him by persecuting his brother. Oleg Navalny's case illustrates the willingness of the government to target family members as a means of exerting pressure on political activists, which is specifically prohibited under the OSCE 1989 Vienna Concluding Document. Darya Polyudova – Polyudova was charged under article 280 of the Russian criminal code ("public appeals for extremist activity" and "public appeals for actions aimed at a violation of the territorial integrity of the Russian Federation") in connection with her participation in preparation for a march that did not take place. In reality, she was indicted for criticizing Moscow online for its support of Russia-backed separatists in Ukraine's east. She is recognized as a political prisoner because the offense did not take place, her right to a fair trial was violated, and the government disproportionately used pretrial detention given the nature of the charges. She was sentenced to two years in prison, becoming the first person in Russia convicted under a 2014 law criminalizing calls for separatism on the Internet. Her case illustrates the government's prosecution of Russian nationals who criticize Russia's actions and policies in Ukraine. Sergei Udaltsov – Udaltsov was charged under Article 30 of the Russian criminal code ("preparation of actions aimed at organizing mass riots") and Article 212 ("organization of mass riots") after participating in the Bolotnaya Square protests. He has been arrested multiple times before for protesting against the government. Memorial recognizes him as a political prisoner on the grounds that he was charged with an offense that did not take place; his right to a fair trial was violated; and the government disproportionately used pretrial detention. He was sentenced to four years and six months in prison. Ivan Nepomniashchikh – Nepomniashchikh was charged with Article 212 of the Russian criminal code ("participation in mass riots") and Article 318 ("use of force against a representative of the authority"). He is recognized as a political prisoner on the grounds that he is being prosecuted for exercising his right to freedom of assembly; he is being charged with an offense that did not take place; he was not allowed a fair trial; and the government disproportionately used pretrial detention. He is another example of those being prosecuted for participating in the Bolotnaya Square protests against the 2011 fraud in the presidential election. Alexei Pichugin – Pichugin was charged under Article 162 of the Russian criminal code ("robbery") and Article 105 ("murder"). At a closed trial, Pichugin, the former head of internal economic security for the Yukos Company then headed by Mikhail Khodorkovsky, was sentenced to life imprisonment in a special-regime penal colony. He has been in prison since 2003 and is recognized as a political prisoner on the grounds that his prosecution was conducted without a fair trial. The European Court on Human Rights also has held that Pichugin was denied a fair trial. Oleg Sentsov – Senstov is a Ukrainian filmmaker imprisoned in Russia since 2015, and was the focus of a separate Helsinki Commission briefing. Sentsov was arrested in the Russian-occupied Crimean territory of Ukraine and charged under Article 205.4 of the Russian criminal code ("organization of a terrorist group"), Article 205 ("terrorist act committed by an organized group"), Article 30 in connection with Article 205 ("preparation of a terrorist act"), Article 30 in connection with Article 222 ("attempted illegal acquisition of firearms and explosive devices"), and Article 222 ("illegal acquisition and storage of far arms and explosive devices"). He was accused of planning an attack on a monument to Lenin, a charge he denies. He was sentenced in a Russian military court to 20 years in a strict regime penal colony for terrorism. Other Illustrative Cases Alexander Kolchenko – Kolchenko, a Crimean activist, was charged under article 205 of Russia's criminal code (art. 205.4 part 2: "Participation in a terrorist organization," and art. 205, paragraph "a," part 2: "A terrorist act conducted by a terrorist group"). He refuted the accusations of terrorism. Mr. Kolchenko was detained in May 2014, in Simferopol, Crimea, shortly after Russia took control over the peninsula. On August 25, 2016, the North Caucasus District Military Court of Russia sentenced Mr. Kolchenko to 10 years of imprisonment in a strict-regime colony. He is serving his sentence in the Chelyabinsk Oblast, in the city of Kopeysk, a facility notorious for its poor treatment of convicts. Mr. Kolchenko is recognized as a political prisoner by Russia's Memorial watchdog group. Mykola Semena (under a travel ban) – Semena, a Crimean journalist, has been charged under Article 280.1 of Russia's criminal code, which penalizes "public calls for actions violating the territorial integrity of the Russian Federation." The law was added to the Russian criminal code in December 2013, and came into force in May 2014 - several weeks after Crimea was annexed by Russia. Semena was one of the only independent journalists to remain on the peninsula following Russia's March 2014 annexation of Crimea. He contributed reporting to RFE/RL's Ukrainian Service and its Crimea Desk. On April 19, 2016, after Russian police searched Semena's home and confiscated computers and storage media, the de facto Crimean prosecutor-general ordered Semena to remain on the peninsula while he was investigated for alleged "calls to undermine Russia's territorial integrity via the mass media." Semena has been forced to stay in Crimea ever since, despite his requests to travel to Kyiv for urgently needed medical care. Roman Sushchenko (in pre-trial detention) – Sushchenko, a Ukrainian journalist, is charged under article 276 of Russia's criminal code (espionage). He has worked as a Paris-based correspondent for Ukraine's state news agency, Ukrinform, since 2010. He was detained at a Moscow airport on September 30, 2016, upon his arrival from Paris on private business. He was accused of collecting classified information on the activities of Russia's armed forces and the National Guard. Mr. Sushchenko denies any involvement in espionage. His employer, Ukrinform, also considers the accusations false and called his detention a "planned provocation." Mr. Sushchenko's attorney is Mark Feygin, who previously represented Pussy Riot and Nadezhda Savchenko. Memorial, a Russian organization established to report on the crimes of Stalinism, documents cases of political prisoners as well as cases of those persecuted for their faith.This information was compiled by Helsinki Commission staff from Memorial, the U.S. Department of State Country Report on Human Rights Practices, and news sources. The U.S. Commission on International Religious Freedom also tracks cases of individuals imprisoned in connection with their faith.
Turkey Post-Referendum: Institutions and Human RightsTuesday, May 02, 2017
Human rights abuses by the Turkish government have proliferated under the state-sanctioned emergency measures imposed in the aftermath of the July 2016 failed coup attempt. Turkish authorities have fired as many as 130,000 public workers, including teachers, academics, police officers, and soldiers, and thousands have been arrested. Hundreds of journalists have had their credentials revoked and dozens of media outlets have been shut down. Human rights groups have documented widespread reports of intimidation, ill-treatment and torture of those in police custody. On April 16, 2017, Turkey held a referendum on a package of amendments that transforms the country's institutions in major ways. The position of prime minister was eliminated and the executive powers of the president were expanded, enabling him to appoint ministers without parliamentary approval, exert more influence over the judiciary, and call early elections. Coming on top of the post-coup crackdown, how will Turkey's changing institutions affect human rights in the country? Panelists at the briefing discussed how U.S. policymakers can most effectively encourage the protection of human rights to promote the interests of the Turkish people given the strategic importance of the U.S.-Turkey bilateral relationship.
Oleg Sentsov and Russia's Human Rights Violations against Ukrainian CitizensThursday, April 27, 2017
On April 27, the U.S. Helsinki Commission held a briefing focusing on human rights violations against Ukrainian citizens. In particular, this hearing was used as a platform to raise awareness for Oleg Sentsov, a political prisoner being held in Siberia. Sentsov was honored by PEN America this year with their 2017 Freedom to Write award for his work exposing Russian human rights violations. Panelist included Natalya Kaplan, cousin of Oleg Sentsov and campaigner for his freedom, and journalist in Kiev; Mustafa Nayyem, Member of Ukrainian Parliament and former journalist and early organizer of the 2013 Euromaidan protests; and Halya Coynash, spokesperson for Kharkiv Human Rights Protection Group. The panelists provided much context and background detailing Sentsov and others' cases. Natalya Kaplan spoke to the audience about the terrible conditions her cousin faces in Siberia, including torture, while Mustafa Nayyem spoke about the need to pressure Russia publically to end these human rights abuses. Halya Coynash reminded the audience of the severity of this case by highlighting that Sentsov was the first Ukrainian to be so brazenly imprisoned after the Russian occupation of Crimea; in her eyes, this was the first time the full force of Russian government had been used to fabricate charges and host a show trial against a Ukrainian. The panelists agreed that the media freedom situation in Russian-occupied territory is dire and only growing worse. Of greatest concern was the length to which Russia is willing to go in their efforts to arrest and prosecute journalists. Russia also sets a dangerous precedent with its recent attempts to foist Russian citizenship onto Ukrainians in Crimea, in efforts to undermine international court rulings and give legitimacy to its actions. When it comes to monitoring the human rights situation in Ukraine, the panelists expressed concerns with the lack of access to political prisoners and the inability to target individual Russians involved in creating the sham trials. The panelists believed that the ability to target individuals involved in these trials would be extremely helpful in de-escalating the situation, and they made many references to the Magnitsky Human Rights Accountability Act. Overwhelmingly, the response to these issues was a desire to work with Congress to strengthen and update the Magnistky Act, as well as broaden civil society and NGO engagment. Mustafa Nayyem expressed hope that NGOs, such as PEN America, would play a more pivotal role in helping prevent future repression. News articles following the briefing expressed hope that there would be work within Congress to better address issues involving Ukrainian political prisoners.
press release
Helsinki Commission Calls for Proclamation Recognizing Importance of Helsinki Final ActWednesday, April 26, 2017
WASHINGTON—Helsinki Commission Chairman Senator Roger Wicker (MS) today introduced a bipartisan Senate resolution urging President Trump to recognize the importance of the Helsinki Final Act – the founding document of today's Organization for Security and Cooperation in Europe (OSCE) – and its relevance to American national security. The resolution was cosponsored by all other Senators currently serving on the Helsinki Commission: Sen. Ben Cardin (MD), Sen. John Boozman (AR), Sen. Cory Gardner (CO), Sen. Marco Rubio (FL), Sen. Jeanne Shaheen (NH), Sen. Thom Tillis (NC), Sen. Tom Udall (NM), and Sen. Sheldon Whitehouse (RI). "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. Unfortunately, the commitment to these ideals by some OSCE participating States is eroding," Chairman Wicker said. "The shrinking space for civil society in many nations has become reminiscent of the Communist era – a time when many Helsinki Monitoring Groups were violently persecuted for their courageous support of basic human rights," he continued. "With its actions in Ukraine and Georgia, the Russian Federation in particular has demonstrated how closely such internal repression can be tied to external aggression. We were reminded of these abuses in this morning's Helsinki Commission hearing. I urge the President to make it clear that Helsinki principles are vital not only to American national interests but also to the security of the OSCE region as a whole." "What was remarkable about the Helsinki Final Act was the commitment that these standards we agreed to would not only be of internal interest to the member country, but that any country signatory to the Helsinki Final Act could challenge the actions of any other country," said Ranking Commissioner Cardin, who is also Ranking Member of the Senate Foreign Relations Committee. "We have not only the right but the responsibility to call out countries that fail to adhere to the basic principles that were agreed to in 1975." Defining security in a uniquely comprehensive manner, the Helsinki Final Act contains 10 principles guiding inter-state relations, among them respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion, or belief (Principle VII). Other principles include respect for sovereign equality (Principle I), the territorial integrity of states (Principle IV), and states' fulfilment in good faith of their obligations under international law (Principle X). S.Con.Res.13 encourages President Trump to reaffirm America's commitment to the principles and implementation of the Helsinki Final Act. The resolution also calls on the President to urge other participating States to respect their OSCE commitments and to condemn the Russian Federation's clear, gross, and uncorrected violations of all 10 core OSCE principles enshrined in the Helsinki Final Act.
Democracy & Human Rights Abuses in Russia: No End in SightWednesday, April 26, 2017
The U.S Helsinki Commission held a hearing on Wednesday on "Democracy and Human Rights Abuses in Russia: No End in Sight." It was the first hearing in the 115th Congress focused on internal human rights repression in Russia. Vladimir Kara-Murza, vice-chairman of pro-reform movement Open Russia; Rachel Denber, Deputy Director of the Europe and Central Asia Division at Human Rights Watch; and Dr. Daniel Calingaert, Executive Vice President of Freedom House, testified about the crisis of Russian democracy and the country's worsening human rights record under President Vladimir Putin. In his opening statement, Mr. Kara-Murza underscored the necessity for the OSCE participating States to give an honest assessment about what is happening in Russia, where the number of political prisoners now exceeds a hundred people (a number that has doubled in less than a year). Mr. Kara-Murza, a vocal critic of the Kremlin who has survived two poisoning attempts, estimated that more than 30 activists have been murdered by the Putin regime since Vladimir Putin assumed power in 2000. He also called for an end to impunity for human rights violations in Russia. "The U.S. does have a mechanism for such accountability in the Magnitsky Act that provides for targeted sanctions on human rights abusers. This law should continue to be implemented to its full extent," Mr. Kara-Murza said. His concerns were echoed by Human Rights Watch's Rachel Denber, who noted that today, "Russia is more repressive that it has ever been in the post-Soviet era." At Chairman Wicker's request, Ms. Denber provided detailed information about each of the Russian political prisoners who were featured on posters in the room, and also spoke at length about the repression of gay men in Chechnya. Dr. Daniel Calingaert of Freedom House highlighted the fact that Mr. Putin was the primary author of the modern authoritarian's playbook, which has subsequently been replicated by many autocratic rulers in the region. "His methods for suppressing civil society and political opposition have inspired other dictators, and his media manipulation has impacted most of Eurasia directly and extended to Europe and the United States," Dr. Calingaert said. However, despite the grim situation, Mr. Kara-Murza voiced some optimism about the future. "Increasingly, the young generation in Russia – the very generation that grew up under Vladimir Putin – is demanding respect and accountability from those in power," he said. Mr. Kara-Murza pointed to a wave of anti-corruption demonstrations that took place in dozens of cities across Russia in late March, with tens of thousands of people, mostly young protesters, taking out to the streets to demand the resignation of Prime Minister Dimitriy Medvedev. "This movement will continue. And these growing demands for accountability are the best guarantee that Russia will one day become a country where citizens can exercise the rights and freedoms to which they are entitled," he added.
press release
Helsinki Commission To Hold Briefing on Russia's Human Rights Violations against Ukrainian CitizensWednesday, April 19, 2017
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced the following briefing: OLEG SENTSOV AND RUSSIA'S HUMAN RIGHTS VIOLATIONS AGAINST UKRAINIAN CITIZENS Thursday, April 27, 2017 3:00 PM Senate Visitors Center (SVC) Room 210 In May 2014, Ukrainian filmmaker Oleg Sentsov – an outspoken opponent of Russia's takeover of his native Crimea – disappeared from his hometown of Simferopol only to resurface in Russian custody in Moscow. Convicted on charges of terrorism that the human rights community has condemned as fabricated, Sentsov is now serving a 20-year sentence in a Siberian penal colony. His case not only stands as a marker for Russia's reach in silencing dissent abroad, but also illuminates broader issues of Russia's illegal occupation of Crimea and Eastern Ukraine, and human rights violations against Ukrainian citizens. The Helsinki Commission briefing will present three perspectives on this disturbing situation and its broader context: from Sentsov's cousin and chief champion; from a human rights defender investigating cases in the region; and from a member of the Ukrainian parliament. The following panelists are scheduled to participate: Natalya Kaplan, cousin of Oleg Sentsov and journalist in Kiev Mustafa Nayyem, Member of Ukrainian Parliament; former journalist and early organizer of the 2013 Euromaidan protests Halya Coynash, Spokesperson, Kharkiv Human Rights Protection Group
press release
Human Rights Abuses in Russia Focus of Upcoming Helsinki Commission HearingTuesday, April 18, 2017
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced a hearing to examine the grim state of human rights and democracy in the Russian Federation. DEMOCRACY & HUMAN RIGHTS ABUSES IN RUSSIA: NO END IN SIGHT Wednesday, April 26, 2017 9:30 AM Dirksen Senate Office Building Room 124 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce042617 Russia's overt external aggression against countries such as Ukraine, its support for the Assad regime in Syria, and its efforts to disrupt western democracies are made possible by the internal repression of its own people. For example, Russia has not had a free and fair election since March 2000. Opposition activists are routinely assaulted or even murdered, giving rise to a new term: "Sudden Kremlin Death Syndrome." Political prisoner numbers now match those of the late Soviet era, and on March 26, tens of thousands of people in cities across 11 time zones protested widespread government corruption, with more than 1,000 arrested. More nationwide protests are expected on June 12, the national holiday of the Russian Federation. The following witnesses are scheduled to testify: Vladimir Kara-Murza, Vice Chairman, Open Russia Rachel Denber, Deputy Director of the Europe and Central Asia Division, Human Rights Watch Daniel Calingaert, Executive Vice President, Freedom House
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Helsinki Commission Condemns Pending Legal Action against Jehovah's Witnesses in RussiaTuesday, March 28, 2017
WASHINGTON—Following the Russian government's request for its Supreme Court to effectively ban Jehovah's Witnesses in Russia from worshipping, claiming that they are members of an "extremist organization," Helsinki Commission Chairman Sen. Roger Wicker (MS), Co-Chairman Rep. Chris Smith (NJ-04), and Commissioner Rep. Richard Hudson (NC-08), issued the following statements: "It is wrong to apply flawed counterterrorism laws to those who seek to practice their faith," said Chairman Wicker. "The Russian government is exploiting genuine threats of violent extremism to undermine what little religious freedom remains in that country. This distracts from real efforts to fight terrorism. I urge the Russian government to drop the case immediately." "At stake in the upcoming court case is the legality and perhaps the survival of the Jehovah's Witnesses—and in fact basic religious freedom—throughout the Russian Federation," said Co-Chairman Smith. "If the Supreme Court of Russia declares this faith group an extremist organization, it is an ominous sign for all believers and it marks a dark, sad day for all Russians." "As a staunch supporter of religious liberty, I am appalled by the Russian government treating an entire religious group as a threat to national security," said Commissioner Hudson. "Religious affiliation should never be a justification for persecution." On March 15, the Russian Ministry of Justice filed a formal court claim to label the Administrative Center of Jehovah's Witnesses in Russia an extremist group and liquidate their national headquarters and 395 local chapters, known as "local religious organizations." Should the Russian Supreme Court decide against the Administrative Center, 175,000 Jehovah's Witnesses in Russia could face criminal prosecution for practicing their faith. According to the Helsinki Final Act signed by all 57 participating states of the Organization for Security and Cooperation in Europe – including Russia – "participating States will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience."
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Helsinki Commission Leaders to Azerbaijan: Release All Political PrisonersMonday, March 20, 2017
WASHINGTON—On the traditional holiday of Nowruz, Helsinki Commission leaders called on the Azerbaijani government to immediately release all remaining political prisoners and honor its OSCE commitments to human rights, democracy, and the rule of law. "It is disappointing that President Aliyev released only a small number of political prisoners among several hundred pardons he issued prior to Nowruz," said Helsinki Commission Chairman Sen. Roger Wicker (MS). "OSCE participating States commit to respecting freedom of expression, including the freedom to exchange information and views without interference from public authorities. The Government of Azerbaijan should uphold this commitment by releasing opposition figures, civil rights activists, journalists, and religious leaders who are currently in jail for peacefully exercising their rights. This is particularly true in the case of former presidential candidate Ilgar Mammadov, who recently entered his fifth year in prison on politically-motivated charges." "President Aliyev's pardons left dozens of human rights activists, journalists, and political dissidents languishing in prison and subject to mistreatment," said Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04). "I call on President Aliyev to respect human rights and democracy in his country and immediately release all prisoners of conscience." In 2016, the Government of Azerbaijan pardoned 148 inmates in the days leading up to Nowruz, including more than a dozen people identified as political prisoners by leading human rights organizations. This year, the Government issued pardons to more than 400 prisoners, but only four political prisoners were freed.
press release
Smith and Eshoo Reintroduce Emergency Bill to Help Genocide SurvivorsTuesday, January 10, 2017
WASHINGTON—Following his December 2016 mission to Erbil in the Kurdistan region of Iraq to meet with Christian survivors of ISIS genocide, Rep. Chris Smith (NJ-04), along with his Democratic colleague Rep. Anna Eshoo (CA-18), today reintroduced their bipartisan legislation to provide emergency relief to survivors of genocide and ensure accountability for perpetrators. The Iraq and Syria Genocide Emergency Relief and Accountability Act (H.R. 390) is an enhanced version of the Smith-Eshoo bill (H.R. 5961) they introduced in 114th Congress. "The reintroduction of this bill is timely because just last month I saw in Iraq the lack of humanitarian aid for Christian genocide survivors. These genocide survivors told me the United States and global community had abandoned them. They are at-risk from freezing winter temperatures and require emergency help," said Smith. "Tens of thousands of Christian genocide survivors in Iraq and Syria need our help now and it is essential that emergency humanitarian aid for the survivors be provided," said Rep. Eshoo. "I thank Chairman Smith for his passionate leadership on this issue and I look forward to working with him and all my colleagues in Congress to quickly move this aid package and bring relief to those who continue to suffer." The Syriac Orthodox Archbishop of Mosul, Nicodemus Sharaf, who had to seek refuge in Erbil from ISIS, told Smith, "We are the last people to speak the Aramaic language. Without help, we are finished." The Chaldean Catholic Archdiocese of Erbil invited Smith to Erbil and has been supporting more than 70,000 Christians who escaped ISIS – almost 1/3 of the 250,000 Christians remaining in Iraq – with food, shelter, and medical care. It also serves Yezidis and Muslims displaced by ISIS. The Archdiocese has had to rely entirely on donations from organizations like the Knights of Columbus and Aid to the Church in Need. "Because the U.S. Government and United Nations have so far failed to support this life-saving work of the Archdiocese of Erbil, these Christian genocide survivors continue to hang on the edge between life and death," added Smith. Among its key provisions, H.R. 390 directs the U.S. Administration to: Support entities that are effectively serving genocide survivors in-country, including faith-based entities; Support entities that are conducting criminal investigations into perpetrators of genocide, crimes against humanity and war crimes in Iraq and Syria; Create a "Priority Two" ("P-2") designation that Christians and other genocide survivors from religious and ethnic minority communities are of "special humanitarian concern to the United States" and therefore able to access an overseas application interview for the U.S. Refugee Admissions Program without needing a referral from the UN; Vet P-2 refugee applicants like any other Iraqi or Syrian refugee applicant and not admit them to the U.S. unless they have cleared this vetting; Assess and address the humanitarian vulnerabilities, needs, and triggers that might force survivors to flee their homes; Identify warning signs of deadly violence and other forms of persecution against genocide survivors from vulnerable religious and ethnic minority communities, or against other members of these communities, in Iraq or Syria; Identify gaps in U.S. law so that the American justice system can prosecute foreign perpetrators of genocide, crimes against humanity, or war crimes present in the U.S., as well as any Americans who commit such crimes; Encourage foreign countries to add identifying information about suspected perpetrators of such crimes to their security databases and security screening. The other original 15 cosponsors are Rep. Mark Meadows (R), Rep. Juan Vargas (D), Rep. Pete Sessions (R), Rep. Dan Lipinski (D), Rep. Jeff Fortenberry (R), Rep. Louise Slaughter (D), Rep. Trent Franks (R), Rep. Robert Pittenger (R), Rep. Gus Bilirakis (R), Rep. Randy Hultgren (R), Rep. Randy Weber (R), Rep. David Trott (R), Rep. Sean Duffy (R), Rep. Jody Hice (R), and Rep. Barbara Comstock (R). Background The Smith-Eshoo bill is supported by many groups, including the Knights of Columbus, Family Research Council, In Defense of Christians, 21st Century Wilberforce Initiative, Commission for International Justice and Accountability, HIAS, Aid the Church in Need USA, Open Doors, A Demand for Action, Yezidi Human Rights Organization International, Religious Freedom Institute, Christian Solidarity Worldwide, and Syrian Accountability Project, and Civitas Maxima. It is also supported by all the former US Ambassadors-at Large for War Crimes, David Scheffer (1997-2001), Pierre Prosper (2001-2005), Clint Williamson (2006-2009), and Stephen Rapp (2009-2015), as well as the Founding Chief Prosecutor of the Special Court for Sierra Leone, David Crane; Director of the Center for Religious Freedom Nina Shea; and the author of Defying ISIS, Rev. Johnnie Moore. Since 2013, Rep. Smith has chaired nine congressional hearings on atrocities in Iraq and Syria, including one titled The ISIS Genocide Declaration: What Next? and another titled Atrocities in Iraq and Syria: Relief for Survivors and Accountability for Perpetrators. He authored the bipartisan H. Con. Res 121, which the House passed overwhelmingly and calls for the formation of an ad hoc tribunal for perpetrators of crimes against humanity and war crimes in the Syrian conflict. Smith also authored with Eshoo the bipartisan, historic Frank Wolf International Religious Freedom Act (H.R. 1150), which the President signed into law. Smith and Eshoo also introduced H.R. 5961, the forerunner to H.R. 390. Just before Christmas, Smith traveled to the Erbil area of Kurdistan region of Iraq to meet with Christian genocide survivors and visit a camp for 6,000 displaced Christians, managed and supported by the Archdiocese of Erbil. He also met with Christian leaders; non-governmental organizations; and officials from the U.S., countries like Hungary and Poland that are proactively supporting assistance to Christian genocide survivors, and the United Nations. Christians have lived in Iraq since the 1st century and there were as many as 1.4 million in 2002. Sectarian violence and targeting of Christians reduced their presence to 500,000 by 2013, the year before ISIS started its genocide against them. At the end of 2015, less than 250,000 Christians remained in Iraq.
press release
Smith Leads Mission to Genocide Survivors in IraqTuesday, December 20, 2016
ERBIL, Iraq—Just days before Christmas, a leading human rights lawmaker, Rep. Chris Smith (NJ-04), went to Iraq to witness first-hand the plight of Christians who escaped ISIS into the Erbil area of the Kurdistan region and the failure of the Obama Administration to help them. After meeting with Christian families and leaders, and officials from the U.S., other OSCE participating States, and the United Nations, Smith said he returns to Washington to lead Congressional efforts to target more humanitarian aid to Christians and other religious minorities who have survived genocide. Smith also visited a camp for 6,000 internally displaced people, managed and supported by the Chaldean Catholic Archdiocese of Erbil. "This Christmas season, the survival of Christians in Iraq, where they have lived for almost 2,000 years, is at stake," said Smith, who chairs both the Commission on Security and Cooperation in Europe and the House panel on global human rights and international organizations. "Today I met with Christian families who survived the ISIS genocide and have been ignored for two years by the Obama Administration. I hope that President-Elect Trump will act urgently to make sure his Administration helps these Christians with the funds Congress has approved for survivors of ISIS atrocities." The Syriac Orthodox Archbishop of Mosul, Nicodemus Daoud Sharaf, who had to flee ISIS and seek refuge in Erbil, told Smith, "So often concern for Christians is minimized. I am so happy, because you are the first American who has come to just ask about the Christians. We pray that President Trump will help us. We are the last people to speak the Aramaic language. Without help, we are finished." "I also saw how the Obama Administration has shortchanged organizations conducting criminal investigations and collecting, preserving, and preparing evidence usable in criminal trials. Perpetrators will dodge punishment unless there is specific evidence linking them to specific atrocity crimes. My Iraq and Syria Genocide Relief and Accountability Act legislation is a blueprint for how to assist Christians and other genocide survivors and hold perpetrators accountable. I will be working tirelessly to get this bill on the new President's desk when we reconvene in January," added Smith. Responding to reports that the UN Office on the Prevention of Genocide is considering excluding Christians from its findings of ISIS genocide victims and recommendations for prosecution, Smith said, "Even the Obama Administration determined that ISIS has been committing genocide against Christians. It would be outrageous if the UN ignored the overwhelming evidence and turned its back on these people who have suffered so much." Background In 2002, there were as many as 1.4 million Christians in Iraq. After years of sectarian conflict, followed by the ISIS genocide that began in 2014, they have dropped to less than 250,000. Most of the Christians who survived ISIS fled to the Erbil area, which now hosts more than 70,000 internally displaced Christians, almost a third of all Christians in Iraq. Iraqis have been eight percent of the refugees and migrants who arrived by sea in the OSCE region in 2016. The Chaldean Catholic Archdiocese of Erbil has provided most of the assistance to these displaced Christians – and has also assisted Yezidis and Muslims – including food, shelter, medical care, trauma care, and preparations for the impending winter. Smith was invited to Erbil by Archbishop Bashar Warda, head of the Archdiocese. During their meeting, Archbishop Warda emphasized that unless the ancient Christian communities of Iraq received significant financial support very soon, they may not survive. At a September hearing of the Commission on Security and Cooperation in Europe, chaired by Smith and titled Atrocities in Iraq and Syria: Relief for Survivors and Accountability for Perpetrators, Steve Rasche, Legal Counsel and Director of IDP Resettlement Programs for the Archdiocese, testified and said, "Since August 2014, other than initial supplies of tents and tarps, the Christian community in Iraq has received nothing in aid from any US aid agencies or the UN." He added, "There's a mistaken belief that it doesn't get cold in Iraq. It snows in Erbil in the wintertime. Even the people that we've put in shelters, it gets incredibly cold for them at night, and so there are additional costs for heating oil and blankets. That is a concern for us. Our costs will go up." Since 2013, Smith has chaired nine congressional hearings on atrocities in Iraq and Syria, including one titled The ISIS Genocide Declaration: What Next? and another titled Fulfilling the Humanitarian Imperative: Assisting Victims of ISIS Violence. He is also the author of the bipartisan Iraq and Syria Genocide Relief and Accountability Act (H.R. 5961), co-sponsored by Rep. Anna Eshoo (CA-18), which includes key provisions directing the U.S. Administration to: Support entities that are effectively serving genocide survivors in-country, including faith-based entities; Assess and address the humanitarian vulnerabilities, needs, and triggers that might force survivors to flee their homes; Identify warning signs of deadly violence against genocide survivors and other vulnerable religious and ethnic communities in Iraq or Syria; Support entities that are conducting criminal investigation into perpetrators of genocide, crimes against humanity and war crimes in Iraq and Syria; Close gaps in U.S. law so that the American justice system can prosecute foreign perpetrators present in the U.S., as well as any Americans who commit such crimes; Encourage foreign countries to add identifying information about suspected perpetrators of such atrocity crimes in their security databases and security screening; Create a "Priority Two" ("P-2") designation for persecuted religious and ethnic groups in Iraq or Syria. This legislation is supported by many groups including the Knights of Columbus, 21st Century Wilberforce Initiative, In Defense of Christians, Yazidi Human Rights Organization International, Commission for International Justice and Accountability, Center for Religious Freedom at the Hudson Institute, Religious Freedom Institute, Simon Wiesenthal Center, Open Doors, and others. The bill has also been endorsed by all of the former U.S. Ambassadors-at-Large for War Crimes: David Scheffer (1997-2001), Pierre-Richard Prosper (2001-2005), Clint Williamson (2006-2009), and Stephen Rapp (2009-2015). Smith also authored the bipartisan H. Con. Res 121, which the House passed overwhelmingly and calls for the formation of an ad hoc tribunal for perpetrators of crimes against humanity and war crimes in the Syrian conflict. Just last week, the President signed into law the bipartisan, historic Frank Wolf International Religious Freedom Act (H.R. 1150), which Smith authored and Eshoo co-sponsored. This law makes sweeping changes that will help ensure that the U.S. Administration and the State Department have the tools, training, and resources to anticipate, help prevent, and respond to genocide and other persecution against religious communities like Christians in Iraq and elsewhere. Smith continues to encourage leaders in other OSCE countries to provide more humanitarian assistance to Christian genocide survivors and support criminal investigations into and prosecutions of perpetrators.
press release
Helsinki Commission Leaders Mark International Human Rights DayFriday, December 09, 2016
WASHINGTON—To mark International Human Rights Day on December 10, Rep. Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, and Sen. Roger Wicker (MS), Co-Chairman of the Commission, issued the following statements: "2016 has been a challenging year for the OSCE region – some governments have backslid on human rights, and humanitarian crises on the OSCE's periphery in Syria, Iraq, and elsewhere have driven waves of refugees into the OSCE region," Chairman Smith said. "And despite our best efforts, child sex tourism is soaring while protection lags. We each have an essential role to play in fighting for the human rights of those who are persecuted, whether they are political prisoners in Azerbaijan, refugees fleeing genocide in Syria, journalists in Turkey, or victims of human trafficking in our own country. We must all become human rights defenders." "We live in a world with significant security challenges, from cyber threats to terrorism to acts of aggression by one of our own OSCE participating States," said Co-Chairman Wicker. "However, as we work to maintain regional stability, we remember that security cannot exist independently from securing fundamental human rights. Today, we recommit ourselves to democracy, the rule of the law, and the rights of all people to determine their future free from tyranny and oppression." "The Helsinki Final Act is clear: human rights issues in one OSCE country are of direct and legitimate concern to all participating States," Chairman Smith concluded. "I call on the 57 nations of the OSCE to defend the rights and dignity of the most vulnerable, and to provide humanitarian assistance to victims of genocide and war in the Middle East."
Turkey: Human Rights in RetreatFriday, December 09, 2016
Five months after the failed coup attempt of July 15th, 2016, serious questions have emerged with regard to the future of democracy and the rule of law in Turkey. The Turkish government maintains sweeping state of emergency decrees, which have shuttered educational institutions, civic associations, and media organizations. Tens of thousands of people have been arrested, suspended, or fired for colluding with coup plotters, a determination often made with little to no credible documentation. In the wake of this ongoing crackdown, the Helsinki Commission convened a briefing to examine Turkey's deteriorating human rights conditions and the future of U.S.-Turkey relations. Helsinki Commission staff member Everett Price opened the briefing by recalling the Commission's original mandate, its fundamental mission to shed light on human rights violations, and the importance of candor in fostering friendly international relations. Dr. Y. Alp Aslandogan, Executive Director of the Alliance for Shared Values, provided a detailed description of the government's post-coup persecution of the Hizmet movement, minority groups such as the Kurds and Alevis, journalists, and teachers. Dr. Karin Karlekar, Director of the Free Expression Advocacy Team at PEN America, shed light on the Turkish government's intensified suppression of press freedom and free expression in the wake of the failed coup attempt. Finally, Dr. Nicholas Danforth, Senior Policy Analyst at the Bipartisan Policy Center, assessed the risks posed by the Turkish government's disregard for the rule of law and their potential implications for U.S.-Turkey relations. In the subsequent exchange of views moderated by Everett Price, the panelists reflected on the international community's role in promoting human rights, threats to academic freedom, and the potential for a renewed democratic trajectory in Turkey.
press release
Helsinki Commission to Probe Crisis of Human Rights in TurkeyMonday, December 05, 2016
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: "TURKEY: HUMAN RIGHTS IN RETREAT" Friday, December 9, 2016 2:00 PM Rayburn House Office Building Room 2255 Respect for human rights in Turkey has declined dramatically since the failed coup attempt on July 15, 2016. Though the international community agrees that the Turkish government has the right to pursue justice against those who sought to overthrow it, Ankara's reaction to the coup attempt has swept aside international human rights standards. Five months after the coup attempt, the Turkish government maintains sweeping state of emergency decrees, shuttering educational institutions, civic associations, and media organizations and arresting, suspending, or firing tens of thousands of people alleged to have conspired with the coup plotters, oftentimes with little to no credible documentation. These measures, along with dramatic changes to the country's judicial system and further changes planned to the country's constitution, are transforming Turkish society and raising serious questions about the future of Turkish democracy. Panelists will review the ongoing crackdown in Turkey; discuss the broad authority the government enjoys under the state of emergency; raise areas of concern regarding human rights and rule of law; and evaluate the implications of these developments for Turkish institutions and society. The discussion will also focus on policy options for the incoming U.S. Administration and U.S. Congress to consider when shaping relations with Turkey in coming years. The following experts are scheduled to participate: Dr. Y. Alp Aslandogan, Executive Director, Alliance for Shared Values Dr. Nicholas Danforth, Senior Policy Analyst, Bipartisan Policy Center Dr. Karin Karlekar, Director, Free Expression at Risk Program, PEN America Additional panelists may be added.
Ongoing Human Rights and Security Violations in Russian-Occupied CrimeaThursday, November 10, 2016
In Russia's ongoing illegal occupation of the Ukrainian region of Crimea, occupying authorities persistently and egregiously violate the human rights of those perceived to oppose Russian annexation of this Ukrainian territory, especially Crimean Tatars. At the same time, with Russia's militarization of the peninsula, the security situation in the surrounding Black Sea region is becoming increasingly perilous. The situation in Crimea is bleak, and continues to deteriorate both from a democracy and human rights viewpoint, as well as a security standpoint. The experts at this briefing examined the current state of affairs in the region in the face of Russian aggression, analyzed the response of the international community, and discussed how – 40 years after the Ukrainian Helsinki Monitoring Group was formed to monitor the Soviet Government's compliance with the Helsinki Final Act – Ukrainians continue to defend Helsinki principles in the face of violations by Moscow. Helsinki Commission staff member Orest Deychakiwsky opened the briefing with a brief introduction on the current situation in Crimea. Mr. Deychakiwsky noted that this important briefing took place on the 40th anniversary of the founding of the Ukrainian Helsinki Monitoring Group in November of 1976. Ms. Shulyar and Mr. Berezovets both spoke on the illegality of the Russian occupation of Crimea and the flagrant human rights violations that have been perpetrated by Russian forces against the people of Crimea. Ambassador Herbst then spoke on the political and security challenges facing the West in regards to the situation in Crimea. Finally, Mr. Goble spoke on the challenges to the international system that Putin's aggression in Crimea and Ukraine represents. All participants stressed the necessity for continued U.S. involvement in Ukraine to counter Russian aggression and to uphold the principles of the OSCE.
press release
Human Rights, Military Security in Crimea under the Microscope at Upcoming Helsinki Commission BriefingWednesday, November 02, 2016
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: Ongoing Human Rights and Security Violations in Russian-Occupied Crimea Thursday, November 10, 2016 2:00 PM Rayburn House Office Building Room B-318 In Russia's ongoing illegal occupation of the Ukrainian region of Crimea, occupying authorities persistently and egregiously violate the human rights of those perceived to oppose Russian annexation of this Ukrainian territory, especially Crimean Tatars. At the same time, with Russia's militarization of the peninsula, the security situation in the surrounding Black Sea region is becoming increasingly perilous. The briefing will examine the current state of affairs in the region in the face of Russian aggression, analyze the response of the international community, and discuss how – 40 years after the Ukrainian Helsinki Monitoring Group was formed to monitor the Soviet Government's compliance with the Helsinki Final Act – Ukrainians continue to defend Helsinki principles in the face of violations by Moscow. The following panelists are scheduled to participate: Oksana Shulyar, Embassy of Ukraine to the United States John E. Herbst, Director, Dinu Patriciu Eurasia Center at the Atlantic Council; former U.S. Ambassador to Ukraine Paul A. Goble, Editor, Windows on Eurasia; Professor, The Institute of World Politics Taras Berezovets, Founder, Free-Crimea Project, Kyiv, Ukraine
press release
Hearing Addresses Genocide, War Crimes Driving Refugee Crisis in OSCEThursday, September 22, 2016
WASHINGTON—At a hearing convened today by Helsinki Commission Chairman Rep. Chris Smith (NJ-04), witnesses unanimously expressed support for Chairman Smith's recently introduced Iraq and Syria Genocide Relief and Accountability Act of 2016 (H.R. 5961), bipartisan legislation that provides relief to victims of genocide, crimes against humanity, and war crimes in Iraq and Syria, and accountability for perpetrators. "The atrocities in Iraq and Syria have been so horrible, for so long, with so little action from the Administration, that it has been difficult to hope. Nevertheless, when [Secretary Kerry] declared genocide, we dared to hope that finally the Administration would hear the voices of the victims and act. Instead, the Administration has said the right words and done the wrong things," said Chairman Smith. "Displaced genocide survivors cannot pay for food, medicine, or shelter with words from Washington," Chairman Smith continued. "When the Executive Branch fails to acts, then Congress must require it to act. That is why I recently authored and introduced the bipartisan Iraq and Syria Genocide Relief and Accountability Act of 2016, with Representative Anna Eshoo as my lead cosponsor." Witnesses discussed ways to support religious and ethnic communities that have survived such atrocities. In addition, they encouraged the U.S. to fund the criminal investigation, prosecution, and conviction of the perpetrators, and identified gaps in U.S. criminal statutes that make it difficult to prosecute Americans or foreigners in the U.S. who have committed such crimes. Former U.S. Ambassador-at-Large for War Crimes Issues David Scheffer said, "H.R. 5961 demonstrates an undeniable logic: the survivors of genocide, crimes against humanity, and war crimes in Iraq and Syria merit the fullest possible assistance of our government, including consideration of admission of victim refugees to the United States." "The perpetrators of atrocity crimes not only in Iraq and Syria but elsewhere in the world should be subject to investigation and prosecution," Scheffer continued. "Federal jurisdiction over crimes against humanity and war crimes remains non-existent or very limited…it is a raw fact that the United States is currently a sanctuary for alien perpetrators of crimes against humanity or war crimes." "The Iraq and Syria Genocide Relief Act [is] a much needed, not to mention overdue, piece of legislation," said Chris Engels, deputy director of the Commission for International Justice and Accountability. "Criminal investigations done contemporaneously with the criminal acts are essential to ensuring later accountability. Otherwise, as we have seen in the past, evidence is lost and those responsible for these mass human rights violations go unpunished." Witnesses also highlighted the humanitarian vulnerabilities and lack of assistance that force the survivors to flee their homes and recommended ways to support entities effectively serving genocide survivors in-country, including faith-based organizations. Steve Rasche, legal counsel and director of resettlement programs for the Chaldean Catholic Archdiocese of Erbil, noted, "Since August 2014, other than initial supplies of tents and tarps, the Christian community in Iraq has received nothing in aid from any U.S. aid agencies or the UN. When we have approached any of these entities regarding the provision of aid assistance …we have been told that we have done too well in our private efforts…every morning we wake up and rob six Peters to pay 12 Pauls." "The current policy prioritizes individual needs but does not consider the needs of vulnerable communities," said Carl Anderson, Supreme Knight, Knights of Columbus. "On one hand, we have the unanimous policy of the elected branches of the United States Government stating that a genocide is occurring. On the other hand we have an aid bureaucracy that is allowing the intended consequence of the genocide to continue, even though it is in our power to stop it." "There is nothing unconstitutional, illegal, unethical or unprofessional about prioritizing their right to survival as a community," Anderson added, referring to Christian and other communities that face extinction in Iraq and Syria. Bill Canny, executive director for migration and refugee services at the United States Conference of Catholic Bishops (USCCB), said, "We are gravely concerned by the small number of religious minorities who have been resettled in the United States during the current fiscal year." "It is unclear at the time of this writing precisely why the percentage of Syrian Christians, who have been registered as refugees or resettled in the United States as refugees, is so low," Canny continued. "It is clear, however, that Christians and other religious minorities have become a target for brutality at the hands of the non-state actor ISIS, and that they are fleeing for their lives, and that far too few of them have been attaining U.S. resettlement." USCCB resettles more refugees annually in the U.S. than any other agency. Chairman Smith was joined at the hearing by a bipartisan group of lawmakers, including Helsinki Commission Co-Chair Senator Roger Wicker (MS), Ranking Commissioner Senator Ben Cardin (MD), and Commissioners Rep. Joe Pitts (PA-16) and Rep. Alan Grayson (FL-09). In 2013, ISIS began its brutal campaign of extermination and expulsion in Syria, expanding to Iraq in 2014. Many of those who survived these atrocities have been joining the flood of refugees streaming out of the region to Europe and other areas of safety. Resolving their plight is a key component to helping address the refugee crisis and has been of intense interest to countries in the OSCE region.
Atrocities in Iraq & Syria: Relief for Survivors and Accountability for PerpetratorsThursday, September 22, 2016
The civil war in Syria, which began in early 2011 and since spread into Northern Iraq has devastated both countries. Estimates of the number of people who have died during Syria's civil war since March 2011 range from 250,000 to 470,000. In Iraq, the estimated range is between 19,000 and 41,650 deaths since January 2014. The people living in these regions have been subjected to an extensive list of atrocities including genocide, crimes against humanity, and war crimes. Thosands of refugees have fled Iraq and Syria to seek refuge in the OSCE region. The desperate situation in these areas has resulted in the worst refugee crisis since World War II. With the war in Iraq and Syria showing little signs of abating the danger for vulnerable groups in these countries continues to worsen. This hearing examined the current situation in Iraq and Syria regarding the persecution of religious and ethnic minorities, and looked at how the United States and the international community can best help protect persecuted people in this region and ensure that perpetrators of genocide and related crimes in Iraq and Syria are punished. It featured witnesses from CIJA, the former Ambassador-at-Large for War Crimes Issues, and leaders from the Catholic community. "The atrocities in Iraq and Syria have been so horrible, for so long, with so little action from the Administration, that it has been difficult to hope. Nevertheless, when [Secretary Kerry] declared genocide, we dared to hope that finally the Administration would hear the voices of the victims and act. Instead, the Administration has said the right words and done the wrong things," said Helsinki Commission Chairman Chris Smith (NJ), "When the Executive Branch fails to acts, then Congress must require it to act. That is why I recently authored and introduced the bipartisan Iraq and Syria Genocide Relief and Accountability Act of 2016, with Representative Anna Eshoo as my lead cosponsor." Witnesses discussed ways to support religious and ethnic communities that have survived such atrocities. In addition, they encouraged the U.S. to fund the criminal investigation, prosecution, and conviction of the perpetrators, and identified gaps in U.S. criminal statutes that make it difficult to prosecute Americans or foreigners in the U.S. who have committed such crimes. Former U.S. Ambassador-at-Large for War Crimes Issues David Scheffer said, "H.R. 5961 demonstrates an undeniable logic: the survivors of genocide, crimes against humanity, and war crimes in Iraq and Syria merit the fullest possible assistance of our government, including consideration of admission of victim refugees to the United States." "The perpetrators of atrocity crimes not only in Iraq and Syria but elsewhere in the world should be subject to investigation and prosecution," Scheffer continued. "Federal jurisdiction over crimes against humanity and war crimes remains non-existent or very limited…it is a raw fact that the United States is currently a sanctuary for alien perpetrators of crimes against humanity or war crimes." "The Iraq and Syria Genocide Relief Act [is] a much needed, not to mention overdue, piece of legislation," said Chris Engels, deputy director of the Commission for International Justice and Accountability. "Criminal investigations done contemporaneously with the criminal acts are essential to ensuring later accountability. Otherwise, as we have seen in the past, evidence is lost and those responsible for these mass human rights violations go unpunished." Witnesses also highlighted the humanitarian vulnerabilities and lack of assistance that force the survivors to flee their homes and recommended ways to support entities effectively serving genocide survivors in-country, including faith-based organizations. Steve Rasche, legal counsel and director of resettlement programs for the Chaldean Catholic Archdiocese of Erbil, noted, "Since August 2014, other than initial supplies of tents and tarps, the Christian community in Iraq has received nothing in aid from any U.S. aid agencies or the UN. When we have approached any of these entities regarding the provision of aid assistance …we have been told that we have done too well in our private efforts…every morning we wake up and rob six Peters to pay 12 Pauls." "The current policy prioritizes individual needs but does not consider the needs of vulnerable communities," said Carl Anderson, Supreme Knight, Knights of Columbus. "On one hand, we have the unanimous policy of the elected branches of the United States Government stating that a genocide is occurring. On the other hand we have an aid bureaucracy that is allowing the intended consequence of the genocide to continue, even though it is in our power to stop it." Bill Canny, executive director for migration and refugee services at the United States Conference of Catholic Bishops (USCCB), said, "We are gravely concerned by the small number of religious minorities who have been resettled in the United States during the current fiscal year." "It is unclear at the time of this writing precisely why the percentage of Syrian Christians, who have been registered as refugees or resettled in the United States as refugees, is so low," Canny continued. USCCB resettles more refugees annually in the U.S. than any other agency. Chairman Smith was joined at the hearing by a bipartisan group of lawmakers, including Helsinki Commission Co-Chairman Senator Roger Wicker (MS), Ranking Commissioner Senator Ben Cardin (MD), and Commissioners Rep. Joe Pitts (PA-16) and Rep. Alan Grayson (FL-09).
Helsinki Commission Honored for Work on UkraineThursday, September 15, 2016
At yesterday's 2016 Ukraine in Washington forum, the U.S.-Ukraine Foundation recognized the Helsinki Commission for four decades of support for Ukraine and Ukrainian dissidents. "Long before Ukraine's independence and the formation of the House and Senate Ukraine Caucuses, we must remember there was the Congressional Helsinki Commission," said Robert McConnell, co-founder of the U.S.-Ukraine Foundation. "It was doing everything possible to shine international klieg lights on Ukraine's human rights issues, from its political prisoners to the illegality of the Ukrainian Catholic Church." The Helsinki Commission has a long history of supporting Ukrainians' aspirations for human rights and democracy, even prior to independence when Ukraine – the largest non-Russian republic in the Soviet Union – was viewed as a particular threat to Moscow's rule. Since 1991, the Commission has been a strong supporter of the development of an independent, secure, democratic Ukraine. The Commission was instrumental in introducing and ensuring passage of the original resolution calling for the U.S. to recognize Ukraine's independence in the face of State Department opposition. In the intervening 25 years, Helsinki Commission hearings, briefings, and other activities have highlighted issues including Chornobyl; the state of democracy and rule of law; the political situation in Ukraine; elections; and – more recently – Russia's war against Ukraine and human rights violations in Crimea and the occupied territories of the Donbas. "We know the Ukrainian people want freedom and democracy, whether it be in Crimea or other parts of the country," said Helsinki Commission Chairman Christopher Smith (NJ-04). "Yet we find again that this persistent aggression by the Russians—which is reminiscent of Soviet times—continues to make the freedom, democracy, and prosperity that the people so richly deserve that much harder to achieve." (View video.) Commissioners have also played an active role in the OSCE Parliamentary Assembly on Ukraine, especially in condemning Russia's aggression and violation of all core OSCE principles enshrined in the Helsinki Final Act. Commission leadership has led several Congressional delegations to Ukraine, including three since Russia's invasion, and the Commission has observed virtually every national election in Ukraine since 1990. "The Helsinki Commission's efforts then and now must never be forgotten as they were – though often like cries in the wilderness – critically important in keeping the truth of Ukraine alive and in providing a rallying point for so many efforts that eventually helped Ukraine shed the Kremlin's shackles," McConnell said. "The Helsinki Commission for decades was like a beacon of hope. It was an outside promise for the Ukrainian Helsinki Group and a critical source of support for Ukrainian-Americans and so many others as they persevered in their quest for freedom against what seemed like insurmountable odds."
Helsinki Commission Briefing Reviews Religious Freedom in Turkmenistan
Washington - The United States Helsinki Commission will hold a briefing with the U.S. Commission on International Religious Freedom to examine obstacles to religious freedom in Turkmenistan.
Religious Freedom in Turkmenistan
Tuesday, May 11, 2004
485 Russell Senate Building
Najia Badykova, Research Associate, George Washington University Institute for European, Russian, and Eurasian Studies and former head of the Department of Economic Relations with the Turkmen Government
Lawrence Uzzell, President, International Religious Freedom Watch, an independent research center reporting on threats to freedom of conscience in totalitarian and authoritarian countries
Felix Corley, Editor, Forum 18 News Service, a news service reporting on threats and actions against religious freedom in the former Soviet Bloc
The State Department's Annual Report on International Religious Freedom, released on December 18, 2003, sharpened its criticism of the repressive practices of Saparmurat Niyazov's regime in Turkmenistan. The report concluded that the "status of government respect for religious freedom deteriorated during the period covered by this report."
The situation for religious freedom in Turkmenistan is bleak. Late in 2003, Niyazov instituted new laws harshly restricting freedom of religion; groups brave enough to meet risk home raids, house eviction, imprisonment and possibly torture, internal exile, or deportation. Individuals caught more than once in a year acting on behalf of an unregistered religious community can be fined between ten and thirty months of wages, or be sent to hard labor for up to one year.
In March, Niyazov issued new edicts on religious freedom, theoretically increasing the ability of individuals to actually enjoy these rights. Yet these promises were bracketed by further repression. Roughly one week before the announcement, a court convicted the former Islamic leader of Turkmenistan of treason and sentenced him to 22 years in jail. The imam reportedly ran afoul of authorities when he refused to place in his mosque Niyazov's self-written spiritual book next to the Koran and the same day Niyazov announced the "legislative improvements," authorities reportedly arrested a Jehovah's Witness in the capital and pressured him to renounce his faith. A few weeks later, Niyazov declared on public television that Muslim communities could not build any more mosques.
Under the 1998 International Religious Freedom Act, the State Department may designate a state a "Country of Particular Concern" for its "particularly severe violations of religious freedom," which is defined as being "systematic, ongoing, and egregious." The briefing will provide a timely opportunity to assess developments in Turkmenistan as the State Department prepares to make designation determinations in the near future.


text:
Google is bringing a "find my phone" feature to Android later this month.
The feature will be included in the new "Android Device Manager" that is launching sometime in August, the company said in a blog post Friday.
The service will let users force a lost phone to ring at maximum volume, even if it's in silent mode. And if the phone was lost but is still connected to a network, it will show a map of its location in real time.
If the phone is determined to be lost for good or stolen, data on the device can be erased through the same device manager.
The features are similar to those that have been available on Apple devices for sometime. On Android, users have had to turn to third-party apps for the same features.
The software will be compatible with Android 2.2 or above, which means almost all Android devices currently in use. It will come as an app and a companion website.
Google and other major players in the smartphone industry have been under pressure to do more to curb the rising number of smartphone thefts across the U.S. Pushed by law enforcement, Google, Apple, Microsoft and Samsung are being asked to devise systems that would make phones useless if they are stolen, reducing the incentive to steal a phone.
San Francisco District Attorney George Gascón said two weeks ago that Google and Microsoft weren't doing enough to respond to his call for action. The location and data deletion functions announced by Google Friday won't be enough to satisfy Gascón's request that phones be "bricked" -- made useless so they cannot be used again -- in the event they are stolen.
Martyn Williams covers mobile telecoms, Silicon Valley and general technology breaking news for The IDG News Service. Follow Martyn on Twitter at @martyn_williams. Martyn's e-mail address is firstname.lastname@example.com

subset: commoncrawl


text:
Cut boards with your chainsaw
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- Great freedom to cut timber where you want.
- Fixed steps for sawing height give your timber accurate dimensions.
- Easy to use; you get good results at once.
Fits most chainsaws
We can supply you with chainsaw, guide bar and chains that are adapted for log sawing, but you can also use standard equipment if you already own a chainsaw with two guide bar bolts. LOGOSOL recommends Stihl MS391 or MS661 when you are sawing with the Big Mill System.
Perfect for the holiday home
Timberjig is the ideal tool when you want to do carpentry in your leisure time. You can easily make:
- A hunting lookout in the woods
- Simple benches and tables
- Woodwork in your garden
- A garden shed or a sauna
- Joinery materials
- Cladding boards
Technical Data
Weight: 15 kg with the rail package and 5kg without the rail package.
Length: 3 metre as standard (with the rail package). Easy to extend.
Capacity: 2-3 logs per hour.
Max. log diameter: Up to 60 cm, with the possibility of cutting even larger logs.
Recommended bar length: 40-63 cm Recom. motor power: At least 4 hp.


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Tag: broken windows
As Big Tent Democrat and many other bloggers noted yesterday, Rudy Giuliani continues to support Bernie Kerik.
It's one thing to stick up for your friends, it's another to reinvent their record.
Rudy Giuliani said Monday that if his achievements as president are as good as the crime-reduction results of his New York police commissioner, a man now under criminal investigation himself, "this country will be in great shape."
...."Bernie Kerik worked for me while I was mayor of New York City. There were mistakes made with Bernie Kerik. But what's the ultimate result for the people of New York City? The ultimate result for the people of New York City was a 74 percent reduction in shootings, a 60 percent reduction in crime, a correction program that went from being one of the worst in the country to one that was on '60 Minutes' as the best in the country, 90 percent reduction of violence in the jails."
It wasn't Bernie Kerik who brought the crime down in New York, it was Giuliani's prior police commissioner, Bill Bratton, who is now LA's police commissioner. While the reduction may have continued under Kerik, he just benefited from policies implemented years earlier by Bratton.
(13 comments, 317 words in story) There's More :: Permalink :: Comments


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A Tale of Two Systems
"When you read...that an electronic recording has 'excellent' sound it does not mean you can use that record as a system evaluation tool," wrote J. Gordon Holt in October's "As We See It." Yet, if you are a regular reader of Stereophile, you will be aware that the magazine's equipment reviewers do make use of a considerable number and variety of recordings, including many which would appear to be totally electronic, to reach value judgments about hi-fi components.
Footnote 1: New York Times, October 2, 1988
"The pursuit of realism," Gordon continued last month, "requires that the pursuer make certain value judgments about the rightness and wrongness of reproduced sounds...You can use a musically accurate system to evaluate the sound quality of an electronically produced recording, but you cannot use an electronically produced recording to evaluate a system unless you are already familiar enough with what the recording really sounds like to make such a judgment."
There is an apparent paradox here, in that while I would not disagree with any of Gordon's statements, it would seem that I, and other reviewers, routinely disregard their implications. Read, for example, my reviews of two CD players in this issue. Richard Lehnert and Larry Archibald—as well as Paul Tatman, the winner of the Stereophile survey drawing in the summer—took part in relatively formal listening tests where, in contrast to the point made by Gordon, the recording used, Steve Winwood's "Higher Love," was both totally artificial and unknown in absolute quality to any of the listeners. Yet not only did each listener find the differences between the four CD players being auditioned to be obvious, particularly that between the unmodified Magnavox CDB472 and the rest, they had no trouble in independently reaching a consensus value judgment concerning those differences. In addition, this artificial recording proved far more efficacious in this respect than did the new DG recording of Mahler's Symphony 5, a recording which supposedly would fit JGH's definition of suitable program material with which to judge hi-fi components.
But to quote Gordon again: "Harmonic correctness...is at the core of sonic fidelity...This is the only criterion by which the fidelity of sound reproduction can be assessed."
Hmm. Harmonic correctness, by which I assume Gordon means that instrumental timbre should be reproduced correctly, is undoubtedly a part of the concept of fidelity—but it can't, surely, be all of it? Plenty of hi-fi components do meet JGH's criterion of being able to reproduce the "sound" of live, unamplified classical music, but nevertheless fail miserably at conveying the musical content of that sound. Yes, if your system tells you that David Abel's violin on the Wilson Audio coupling of the Beethoven and Enescu violin sonatas is a Guarnerius, then you can say that that system sure is tonally accurate. But if you don't get to hear the sound of shufflin' feet with Little Feat's "Rock and Roll Doctor," it just doesn't cut it.
To repeat a point I made in my review of the Mark Levinson No.26 preamplifier in May, if "accuracy" is the only criterion of goodness and such accuracy means that you can no longer listen to records, then something else is wrong. Take CD players. (Please.) These cunning little machines have always superficially conformed to timbral accuracy, Gordon's criterion for goodness, to a greater extent than even excellent LP turntable/tonearm/cartridge combinations. Reading Hans Fantel in a recent New York Times article: "For the first time, the phonograph is able to embrace all the main physical attributes of music...puts more of the musical reality right before us." (footnote 1), you could be forgiven for thinking that perfection has been achieved by the little silver devils.
As noted by Richard Schneider, however, in his review of the new Bernstein Mahler 2 in this month's record reviews, "A considerable number of audiophiles believe that digital recording and CDs are antithetical to music or to sound which one can relate to as a musical experience..." I am sure that many readers will also agree with Martin Colloms (in his review of digital processors in this issue) that it takes a great CD player to equal mid-priced LP playback. To be timbrally correct is but a part of a much wider definition of "fidelity," which is that the sound of a recording when played back should be true to the music, a definition that I was first made aware of by Rega's Roy Gandy more years ago than I care to remember.
A hi-fi system's fundamental role is to enable its user to enjoy recorded music in the home. In this context, tonal accuracy may be desirable, but only if the system can convey the emotion within the music, "raise goosebumps," as Gordon has phrased it on many an occasion. And if that system can raise goosebumps, is tonal accuracy to an original event even always relevant? Shouldn't it be admitted that the record and live music have only a coincidental relationship?
The late Glenn Gould, for example, held that a good recording enables the listener and performer to have a closer relationship than is possible in the concert hall. The intimacy made possible by the microphone, stripped of the exaggerated performing necessities dictated by a concert-hall performance, allows a work to be laid bare. The microphone "dissects and analyzes" the music, which is why "the microphone has managed to rediscover an audience for Mahler," he said in a 1968 interview recorded with producer John McClure.
Gould held so strongly that concerts were a poor substitute for recordings that he abandoned the concert hall totally, and went on to echo Mahler's trust in later generations of conductors pragmatically modifying his work to suit altered performance circumstances: "Dial twiddling is in its limited way an interpretative act...Today the variety of controls made available...requires analytical judgment. And those controls are but primitive, regulatory devices, compared to those participational possibilities which the listener will enjoy once current laboratory techniques have been appropriated by home playback devices," he was quoted as saying in Geoffrey Payzant's thought-provoking Glenn Gould: Music & Mind (footnote 2).
Footnote 1: New York Times, October 2, 1988
Footnote 2: Van Rostrand Reinhold, 1978


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Have you ever run a big online fundraiser and found the effort lagging somewhere in the middle? I call this the fundraising wall, much like "bonking" or a runner's wall in the midst of a marathon.
The fundraising wall is pretty normal in my experience having run or been a part of more than $200 million worth of nonprofit and for-business online fundraisers, most recently with Meyer-Optik's $683,000 Kickstarter for its Trioplan 50 lens. Almost every single fundraiser lags in the middle, and that's increased as online fundraisers have become more mature and people — e.g. donors or backers — are no longer fascinated by the novelty of Uncle Joe, a hip start-up, their nonprofit, or their community foundation's online fundraiser.
Because there are so many fundraisers now, there's also a great deal of noise, too. These days most fundraisers have a novelty factor of about one to two communications. So when the initial launch euphoria passes, a fundraising wall occurs as companies, individuals and nonprofits try to slog their way through their campaign one email, one social update at a time.
The fundraising wall occurs regardless of the giving event's length. I've had bad hours during almost every giving day, and have seen longer giving events have middle days that make pray you inside that the fundraiser hasn't stalled out. You experience a great sense of relief when things start moving again.
In the worst case scenario, the fundraiser does stall out. The fundraising wall becomess insurmountable. Invariably, there are reasons. You can look for external ones to blame the failure on, but usually this type of failure comes down to value proposition, strategy and architecture.
Digest the Best Practices, but Don't Settle for Them
I first started examining online fundraisers, and giving days back in the 2008-9 timeframe. Peer-to-peer online (or social if you want to be hip) fundraisers were still pretty unorthodox then. Kickstarter for business and personal projects was just getting going in the spring of 2009, and nonprofits were highly skeptical of online donations.
Today, things have changed with how-to resources allocated for fundraisers of all sorts, from the Knight Foundation's Giving Day Playbook to many books on Amazon.com. Heck, I've even contributed to the plethora of resources out there, too, with a few white papers like this Case Foundation giving day report.
Many of these best practices are still useful, in particular with great advice on pre-event communications formats, post-event thank-yous, and crisis communications. But 99% of these resources lack the pragmatic view of someone who has actually run a giving day. They are consultant research-based reports or written to meet an underwriter's view of best practices, rather than offer the real perspective of hitting the wall.
Walk a mile in my shoes.
You'll see some missing points.
Following recipes can help you build a perfect textbook online fundraiser that still experiences the Fundraising Wall. That doesn't mean it won't be successful, or that you won't reach your goal. It does mean that you are probably leaving money on the table.
There's a Day for Everything
As alluded to earlier, saturation is a huge issue. Go on Twitter most business days of the week, and you will see some nonprofit awareness or giving day trending. Or it might be their week. Or month.
Similarly, on Kickstarter, Indiegogo and a variety of other personal and business fundraising sites, you'll see new apps, camera equipment, watches, clothing companies, etc. Peer-to-peer backing for art projects happens every day on our social networks.
There's a day or fundraiser for everything now.
This is the beauty and the curse of online fundraising. The new option to go out and raise your own cash rather than getting a loan or surrendering equity to an angel investor who will surely interfere with your vision is attractive. For nonprofits, there is little choice. Online donations continue to grow year over year while traditional checks and mail donations dwindle.
Consumers — people in our core social networks and communities — are now accustomed to seeing online fundraisers. And they are much quicker to tune them out, especially if you simply deliver a formulaic textbook campaign that offers all the requirements. Even if your fundraiser is super interesting with a compelling topic or item to purchase, you will still experience a lag in these conditions.
Overcoming the wall becomes a central challenge for the capable online fundraiser competing in a crowded market.
Innovate and Entertain
Just having a fundraiser for a worthy product or cause won't be enough to carry a campaign end to end. The way to overcome the fundraising wall is through entertaining evolutions in the fundraising narrative.
Interest can be achieved through content, events, surprises, new details, and prizes (that other people care about, not just you). You have to make the fundraiser something worth seeing and experiencing. Whether that's time-bound tension in attempts to achieve a goal, pop-up events, access to leaders and celebrities, new content featuring customers using your content, or beneficiaries experiencing aid through your cause, find something to make your fundraiser compelling and interesting.
I am working on a small Kickstarter for a photography book project that will launch next week. It features the opening reveal of the project, and of course there will be the close. But I intentionally staged the campaign's timing to feature a trip that will highlight the book's raison d'etre in the very middle of the effort.
This will provide a compelling reason to share about the project. Since the subject is of national interest here in the United States, I imagine it will not only be compelling to my closest friends, but people in general. I hope folks are entertained.
Upon return and the fundraiser's short close, there will be new content and initial takes on the final product. People will get to experience a reasonable preview of their book. Overall, I believe this structure will overcome the fundraising wall.
It's thinking through the staging of an online fundraiser that can help you overcome what are very normal obstacles. More importantly, you will increase your overall yield.
What do you think?


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22 July 2010
The OECD Council has today approved the 2010 version of the Transfer pricing.
Chapters I-III of the Transfer Pricing Guidelines were substantially revised as a result of the review of comparability and profit methods that was undertaken by the OECD, with input from non OECD economies. Building on the experience acquired by tax administrations and taxpayers in the application of the Transfer Pricing Guidelines since they were originally released in 1995, new guidance was developed on the selection of the most appropriate transfer pricing method to the circumstances of the case, the practical application of transactional profit methods (the transactional net margin method and the profit split method) and the performance of comparability analyses.
The review of comparability and profit methods was a seven-year project which benefitted from extensive consultations with the private sector. Open invitations to comment were released on comparability issues in 2003 and on profit methods in 2006. A series of draft issues notes on comparability issues was released for public comment in May 2006 and a series of draft issues notes on transactional profit methods was released for public comment in January 2008. Each of these two series attracted very detailed responses from the business community, which were released by the OECD in December 2006 and May 2008, respectively. A consultation with commentators was held in Paris in November 2008 and proposed revised Chapters I-III were released for public comment in September 2009, again attracting detailed comments from the business community.
Recognising the importance and quality of the contributions received from the business community, the Committee on Fiscal Affairs drafted a response to shed light on how the main comments were dealt with in the final report.
In addition, the 2010 version of the Transfer Pricing Guidelines contains a new Chapter IX on the transfer pricing aspects of business restructurings.
This new Chapter results from the OECD project on business restructurings, which also benefitted from significant input from the business community and non OECD economies. It started with a Roundtable organised by the OECD Centre for Tax Policy and Administration in January 2005. A Business Advisory Group was formed, which met three times with the Secretariat and Member countries in 2006-2007. Meanwhile, interested parties were invited to provide comments to the OECD Secretariat. A discussion draft on the transfer pricing aspects of business restructurings was released for public comment in September 2008 and comments were received from 37 organisations. A two-day consultation meeting between the OECD and commentators took place in Paris in June 2009.
The Committee on Fiscal Affairs also releases a response to the main comments received on the September 2008 discussion draft on the transfer pricing aspects of business restructurings.
Hard copies of the 2010 Transfer Pricing Guidelines will be available in September.
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