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Benjamin Cardin

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  • Senators Cardin and McCain Engage in a Colloquy on the Magnitsky Act

    Mr. McCAIN. Madam President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. Without objection, it is so ordered. The Senator from Arizona is recognized. Mr. McCAIN. I thank the Chair. Mr. President, in a few minutes my colleague from Maryland, Senator Cardin, will be introducing a bill which I am a cosponsor of, along with a large bipartisan group of our colleagues. I wish to emphasize at the outset that some may characterize this legislation as anti-Russian. In fact, I believe it is pro-Russian. It is pro the people of Russia. It is pro the people who stand up for human rights and democracy in that country which, unfortunately, seems to be sadly deprived of. This legislation, as my colleague and friend Senator Cardin will describe, requires the Secretary of State, in consultation with the Secretary of the Treasury, to publish a list of each person whom our government has reason to believe was responsible for the detention, abuse, or death of Sergei Magnitsky ; participated in efforts to conceal the legal liability for these crimes; committed those acts of fraud that Magnitsky uncovered; is responsible for extrajudicial killings, torture, or other gross violations of human rights committed against individuals seeking to expose illegal activities in Russia or exercise other universally recognized human rights. Second, the individuals on that list would become the target of an array of penalties, among them, ineligibility to receive a visa to travel. They would have their current visas revoked, their assets would be frozen that are under U.S. jurisdiction, and U.S. financial institutions would be required to audit themselves to ensure that none of these individuals are able to bank excess funds and move money in the U.S. financial system. I guess the first question many people will be asking is who was Sergei Magnitsky ? Who was this individual who has aroused such outrage and anger throughout the world? He was a tax attorney. He was a tax attorney working for an international company called Hermitage Capital that had invested in Russia. He didn't spend his life as a human rights activist or an outspoken critic of the Russian Government. He was an ordinary man. But he became an extraordinary champion of justice, fairness, and the rule of law in Russia where those principles, frankly, have lost meaning. What Sergei Magnitsky did was he uncovered a collection of Russian Government officials and criminals who were associated with the Russian Government officials who colluded to defraud the Russian state of $230 million. The Russian Government in turn blamed the crime on Heritage Capital and threw Magnitsky in prison in 2008. Magnitsky was detained for 11 months without trial. Russian officials, especially from the Interior Ministry, pressured Magnitsky to deny what he had uncovered--to lie and to recant. He refused. He was sickened by what his government had done and he refused to surrender principle to brute power. As a result, he was transferred to increasingly more severe and more horrific prison conditions. He was forced to eat unclean food and water. He was denied basic medical care as his health worsened. In fact, he was placed in even worse conditions until, on November 16, 2009, having served 358 days in prison, Sergei Magnitsky died. He was 37 years old. Sergei Magnitsky's torture and murder--let's call it what it really was--is an extreme example of a problem that is unfortunately all too common and widespread in Russia today: the flagrant violations of the rule of law and basic human rights committed by the Russian Government itself, along with its allies. I note the presence of my colleague and lead sponsor of this important legislation. I hope in his remarks perhaps my friend from Maryland would mention the latest in the last few days which was the affirmation of the incredible sentence on Mr. Mikhail Khodorkovsky and his associate which is, in many ways, tantamount to a death sentence; again, one of these blatant abuses of justice and an example of the corruption that exists at the highest level of government. I wish to say again I appreciate the advocacy of my colleague from Maryland and his steadfast efforts on behalf of human rights in Russia, Belarus, and other countries. It has been a great honor to work with him and for him in bringing this important resolution to the floor of the Senate. I ask unanimous consent that at the appropriate time, the Senator from Maryland and I be allowed to engage in a colloquy. The PRESIDING OFFICER. Without objection, it is so ordered. The Senator from Maryland. Mr. CARDIN. Mr. President, let me thank Senator McCain, not just for taking time for this colloquy concerning Mr. Magnitsky but for his longstanding commitment to justice issues, human rights issues, and the values the United States represents internationally. We have had a long, proud, bipartisan, and, most importantly, successful record of promoting basic American values such as democratic governance and the rule of law around the world. Engaging the countries of the Eastern Bloc in matters such as respect for human rights was critical to winning the cold war. We will never know how many lives were improved and even saved due to instruments such as the Helsinki Final Act and the Jackson-Vanik amendment. These measures defined an era of human rights activism that ultimately pried open the Iron Curtain and brought down the Wall. Thankfully, the cold war is over and we have a stronger relationship, both at the governmental and societal levels, with countries in Eastern Europe. But, sadly, internationally recognized rights and freedoms continue to be trampled and, in many cases, with absolute impunity. With the possibility of Russia's accession to the World Trade Organization, and the Presidents of the United States and Russia meeting in France, ours is a timely discussion. Last week, I joined my distinguished colleague, the Senator from Arizona, and 14 other Senators from both parties to introduce the Sergei Magnitsky Rule of Law Accountability Act--a broad bill to address what the respected watchdog Transparency International dubbed a ``systematically corrupted country'' and to create consequences for those who are currently getting away with murder. Actions always speak louder than words. The diplomatic manner of dealing with human rights abuses has frequently been to condemn the abusers, often publicly, with the hope that these statements will be all they need to do. They say oh, yes, we are against these human rights violations. We are for the rule of law. We are for people being able to come forward and tell us about problems and be able to correct things. They condemn the abusers, but they take no action. They think their words will be enough. Well, we know differently. We know what is happening today in Russia. We know the tragedy of Sergei Magnitsky was not an isolated episode. This is not the only time this has happened. My colleague from Arizona mentioned the Mikhail Khodorkovsky case. Mr. Khodorkovsky is today in prison with even a longer sentence. Why? Because he had the courage to stand up and oppose the corrupt system in Russia and something should be done about it. That is why he is in prison, and that is wrong. So it is time we do something about this and that we make it clear that action is needed. For too long, the leaders in Russia have said we are going to investigate what happened to Sergei Magnitsky . We think it is terrible he died in prison without getting adequate medical care. As Senator McCain pointed out, here is a person whose only crime was to bring to the proper attention of officials public corruption within Russia. As a result of his whistleblowing, he was arrested and thrown in jail and died in jail. He was tortured. That cannot be allowed, to just say, Oh, that is terrible. We know the people who were responsible. In some cases they have been promoted in their public positions. Well, it is time for us to take action. That is why we have introduced this legislation. While this bill goes far beyond the tragic experiences of Sergei Magnitsky , it does bear his name, so let me refresh everyone's recollection with some of the circumstances concerning his death. I mention this because some might say, why are we talking about one person? But as the Soviet dictator Joseph Stalin said, ``One death is a tragedy; one million is a statistic.'' I rarely agree with Dictator Stalin, but we have to put a human face on the issue. People have to understand that these are real people and real lives that have been ruined forever as a result of the abuses within Russia. Sergei was a skilled tax lawyer who was well known in Moscow among many Western companies, large and small. In fact, he even did some accounting for the National Conference on Soviet Jewry. Working at the American law firm of Firestone Duncan, Sergei uncovered the largest known tax fraud in modern Russian history and blew the whistle on the swindling of his fellow citizens by corrupt officials. For that he was promptly arrested by the subordinates of those he implicated in the crime. He was held under torturous conditions in detention for nearly a year without trial or visits from family. He developed severe medical complications which went deliberately untreated, and he died on November 16, 2009, alone in an isolation cell while prison doctors waited outside his door. Sergei was 37 years old. He left behind a wife, two sons, a dependent mother, and so many friends. Shortly after his death, Philip Pan of the Washington Post wrote: Magnitsky's complaints, made public by his attorneys as he composed them, went unanswered while he lived. But in a nation where millions perished in the Soviet gulag, the words of the 37-year-old tax lawyer struck a nerve after he died ..... his descriptions of the squalid conditions he endured have been splashed on the front pages of newspapers and discussed on radio and television across the country, part of an outcry even his supporters never expected. I think Senator McCain and I would agree, there is a thirst for democracy around the world. People in Russia want more. They want freedom. They want accountability. They want honest government officials. They are outraged by what happened to Sergei Magnitsky . I would point out just last week I met with a leader of the Russian business community who came here and traveled at some risk, I might say. Just visiting me was a risk. We have people from Russia who are being questioned because they come and talk to us. But he said to me that what happened here needs to be answered by the Russian authorities. He understands why we are introducing this legislation. A year after his death, and with no one held accountable, and some of those implicated even promoted and decorated, The Economist noted: At the time, few people outside the small world of Russian investors and a few human-rights activists had heard of Mr. Magnitsky . A year later, his death has become a symbol of the mind-boggling corruption and injustice perpetrated by the Russian system, and the inability of the Kremlin to change it. Regrettably, we know Sergei's case, egregious as it is, is not isolated. Human rights abuses continue unpunished and often unknown across Russia today. To make this point more clear, let's look at another example far outside the financial districts of Moscow and St. Petersburg in the North Caucasus in southern Russia where Chechen leader, Ramzan Kadyrov, condones and oversees massive violations of human rights, including violations of religious freedom and the rights of women. His militia also violates international humanitarian laws. As of this April, the European Court of Human Rights has ruled against Russia in 186 cases concerning Chechnya, most involving civilians. So Sergei Magnitsky's case is not an isolated case of abuse by the Russian authorities. There has been a systematic effort made to deny people their basic human rights, including one individual, Natalia Estemirova, who personally visited my office at the Helsinki Commission. She was a courageous human rights defender who was brutally assassinated. So it is time for Russia to take action. But we cannot wait; we need to take action. Mr. McCAIN. Will the Senator yield for a question? Mr. CARDIN. I yield back to my colleague. Mr. McCAIN. First, I thank my colleague from Maryland for a very eloquent and, I think, very strong statement, to which I can add very little. But isn't it true, I ask my friend, that this Magnitsky case and the Khodorkovsky case, which I would like for us to talk a little bit more about, are not isolated incidents? In other words, this is the face of the problem in Russia today. As the Senator mentioned, in its annual index of perceptions of corruption, Transparency International ranked Russia 154th out of 178 countries--perceived as more corrupt than Pakistan, Yemen, and Zimbabwe. The World Bank considers 122 countries to be better places to do business than Russia. One of those countries is Georgia, which the World Bank ranks as the 12th best country to do business. In other words, isn't it true in the Magnitsky case, it is what has been taking place all across Russia, including this incredible story of Khodorkovsky, who was one of the wealthiest men in Russia, one of the wealthiest oligarchs who rebelled against this corruption because he saw the long-term consequences of this kind of corruption and was brought to trial, convicted, and then, when his sentence was completed, they charged him again? Talk about a corrupt system, isn't it true that Vladimir Putin said he should ``sit in jail,'' and we now know that the whole trial was rigged, as revealed by people who were part of the whole trial? In other words, isn't it true, I would ask my friend from Maryland, that what we are talking about is one human tragedy, but it is a tragedy that is unfolding throughout Russia that we do not really have any knowledge of? And if we allow this kind of abuse to go on unresponded to, then, obviously, we are abrogating our responsibilities to the world; isn't that true? Mr. CARDIN. I say to Senator McCain, you are absolutely right. This is not isolated. Magnitsky is not an isolated case of a lawyer doing his job on behalf of a client and being abused by the authorities. We have a lot of examples of lawyers trying to do their jobs and being intimidated and their rights violated. But in Mr. Khodorkovsy's case, we have a business leader who was treated the same way just because he was a successful business leader. Even worse, he happened to be an opponent of the powers in the Kremlin. So we are now seeing, in Russia, where they want to quell opposition by arresting people who are just speaking their minds, doing their business legally, putting them in prison, trying them, and in the Khodorkovsky case actually increasing their sentences the more they speak out against the regime. That is how authoritarian they want to be and how oppressive they are to human rights. But I could go further. If one is a journalist in Russia, and they try to do any form of independent journalism, they are in danger of being beaten, being imprisoned, being murdered. It is very intimidating. The list goes on and on. Mr. McCAIN. Could I ask my colleague, what implications, if any, does the Senator from Maryland believe this should have on the Russian entry into the World Trade Organization? Mr. CARDIN. Well, it is very interesting, I say to Senator McCain. I just came from a Senate Finance Committee hearing, and we were talking about a free-trade agreement. I am for free-trade agreements. I think it makes sense. It is funny, when a country wants to do trade with the United States, they all of a sudden understand they have to look at their human rights issues. I think all of us would like to see Russia part of the international trade community. I would like to see Russia, which is already a member of a lot of international organizations, live up to the commitments they have made in joining these international organizations. But it is clear to me that Russia needs to reform. If we are going to have business leaders traveling to Russia in order to do business, I want to make sure they are safe in Russia. I want to make sure they are going to get the protection of the rule of law in Russia. I want to make sure there are basic rights that the businesspeople in Russia and the United States can depend upon. So, yes, I understand that Russia would like to get into the WTO. We have, of course, the Jackson-Vanik amendment that still applies. I understand the origin of that law, and I understand what needs to change in order for Russia to be able to join the World Trade Organization. But I will tell you this: The best thing that Russia can do in order to be able to enter the international trade regime is to clean up its abuses in its own country, to make clear it respects the rule of law; that businesspeople will be protected under the rule of law and certainly not imprisoned and tortured, as in the cases of Mr. Khodorkovsky and Mr. Magnitsky . We do not want to see that type of conduct. If Russia would do that, if they would reform their systems, then I think we would be a long way toward that type of integration and trade. Mr. McCAIN. I thank my colleague from Maryland for an eloquent statement about the situation as regards Russia. I thank him, and I can assure my colleague from Maryland that, as we speak, this will provide--and this legislation which he has introduced, will provide--some encouragement to people who in Russia now, in some cases, have lost almost all hope because of the corruption of the judicial system, as well as other aspects of the Russian nation. We all know that no democracy can function without the rule of law; and if there are ever two examples of the corruption of the rule of law, it is the tragedy of Sergei Magnitsky and, of course, Mr. Khodorkovsky, who still languishes in prison; who, in his words, believes he--by the extension of his prison sentence--may have been given a death sentence. So I thank my colleague from Maryland. Mr. CARDIN. Will my colleague yield for just one final comment? I think the Senator is right on target as to what he has said. I appreciate the Senator bringing this to the attention of our colleagues in the Senate. I will respond to one other point because I am sure my colleague heard this. Some Russian officials say: Why are we concerned with the internal affairs of another country? I just want to remind these Russian officials, I want to remind my colleagues here, that Russia has signed on to the Helsinki Final Act. They did that in 1975, and they have agreed to the consensus document that was issued in Moscow in 1991 and reaffirmed just last year with the heads of state meeting in Astana, Kazakhstan, just this past December. I am going to quote from that document: The participating States-- Which Russia is a participating state-- emphasize that issues relating to human rights, fundamental freedoms, democracy and the rule of law are of international concern, as respect for these rights and freedoms constitutes one of the foundations of international order. They categorically and irrevocably declared that the commitments undertaken in the field of the human dimension are matters of direct and legitimate concern to all participating States-- The United States is a participating state-- and do not belong exclusively to the internal affairs of the State concerned. Mr. McCAIN. That was a statement by the Government of Russia? Mr. CARDIN. That was a statement made by the 56 states of the OSCE at a meeting of the Heads of State, which happens about every 10 years. It just happened to have happened last year. Russia participated in drafting this statement. Russia was there, signed on to it, and said: We agree on this. It is a reaffirmation as to what they agreed to in 1991 in Moscow where we acknowledged that it is of international interest, and we have an obligation and right to question when a member state violates those basic human dimension commitments. Russia clearly has done that. We have not only the right but the obligation to raise that, and I just wanted to underscore that to my colleagues. I say to Senator McCain, your comments on the Senate floor are so much on point. I think people understand it. They understand the basic human aspect to this. But sometimes they ask: Well, why should America be concerned? Do we have a legitimate right to question this? Russia signed the document that acknowledges our right to challenge this and raise these issues. I thank my colleague for yielding. Mr. McCAIN. I thank my colleague from Maryland, and I hope we would get, very rapidly, another 98 cosponsors. I suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The legislative clerk proceeded to call the roll.  

  • 40th Anniversary of the Forced Closure of the Theological School of Halki

    Mr. President, I am pleased to be joined today by Senators Snowe, Reid, Shaheen, Whitehouse, and Menendez in introducing a resolution calling upon the government of Turkey to facilitate the reopening of the Ecumenical Patriarchate's Theological School of Halki without condition or further delay.  I was privileged to again meet with the Ecumenical Patriarch, Bartholomew I, during his 2009 visit to the United States. His impassioned request to those of us gathered was for our support for the reopening of the Theological School of Halki, forcibly closed by the Turkish authorities in 1971. In this year marking the 40th anniversary of that tragic action, I urge the Turkish leadership to reverse this injustice and allow this unique religious institution to reopen  Founded in 1844, the Theological School of Halki, located outside modern-day Istanbul, served as the principal seminary of the Ecumenical Patriarchate until its forced closure. Counted among alumni of this preeminent educational institution are numerous prominent Orthodox scholars, theologians, priests, and bishops as well as patriarchs, including Bartholomew I. Many of these scholars and theologians have served as faculty at other institutions serving Orthodox communities around the world.  Past indications by the Turkish authorities of pending action to reopen the seminary have, regrettably, failed to materialize. Turkey's Prime Minister, Recep Tayyip Erdogan, met with the Ecumenical Patriarch in August 2009. In an address to a wider gathering of minority religious leaders that day, Erdogan concluded by stating, ``We should not be of those who gather, talk and disperse. A result should come out of this.'' I could not agree more with the sentiment. But resolution of this longstanding matter requires resolve, not rhetoric.  In a positive development last August, the authorities in Ankara, for the first time since 1922, permitted a liturgical celebration to take place at the historic Sumela Monastery. The Ecumenical Patriarch presided at that service, attended by pilgrims and religious leaders from several countries, including Greece and Russia. Last November, a Turkish court ordered the Buyukada orphanage to be returned to Ecumenical Patriarchate and the transfer of the property has been completed.  As one who has followed issues surrounding the Ecumenical Patriarchate with interest for many years, I welcome these positive developments. My hope is that they will lead to the return of scores of other church properties seized by the government. In 2005, the Helsinki Commission, which I co-chair, convened a briefing, ``The Greek Orthodox Church in Turkey: A Victim of Systematic Expropriation.'' The Commission has consistently raised the issue of the Theological School for well over a decade and will continue to closely monitor related developments.  The State Department's 2010 Report on International Religious Freedom is a reminder of the challenges faced by Orthodox and other minority religious communities in Turkey. I urge the Turkish Prime Minister to ensure respect for the rights of individuals from these groups to freely profess and practice their religion or beliefs, in keeping with Turkey's obligations as an OSCE participating State.  The 1989 OSCE Vienna Concluding Document affirmed the right of religious communities to provide ``training of religious personnel in appropriate institutions.'' The Theological School of Halki served that function for over a century until its forced closure four decades ago. The time has come to allow the reopening of this unique institution without further delay.  I urge my colleagues to support this resolution. SENATE RESOLUTION 196--CALLING UPON THE GOVERNMENT OF TURKEY TO FACILITATE THE REOPENING OF THE ECUMENICAL PATRIARCHATE'S THEOLOGICAL SCHOOL OF HALKI WITHOUT CONDITION OF FURTHER DELAY  Mr. CARDIN (for himself, Ms. SNOWE, Mr. REID of Nevada, Mrs. SHAHEEN, Mr. WHITEHOUSE, and Mr. MENENDEZ) submitted the following resolution; which was referred to the Committee on Foreign Relations:  S. Res. 196  Whereas the Ecumenical Patriarchate is an institution with a history spanning 17 centuries, serving as the center of the Orthodox Christian Church throughout the world;  Whereas the Ecumenical Patriarchate sits at the crossroads of East and West, offering a unique perspective on the religions and cultures of the world;  Whereas the title of Ecumenical Patriarch was formally accorded to the Archbishop of Constantinople by a synod convened in Constantinople during the sixth century;  Whereas, since November 1991, His All Holiness, Bartholomew I, has served as Archbishop of Constantinople, New Rome and Ecumenical Patriarch;  Whereas Ecumenical Patriarch Bartholomew I was awarded the Congressional Gold Medal in 1997, in recognition of his outstanding and enduring contributions toward religious understanding and peace;  Whereas, during the 110th Congress, 75 Senators and the overwhelming majority of members of the Committee on Foreign Affairs of the House of Representatives wrote to President George W. Bush and the Prime Minister of Turkey to express congressional concern, which continues today, regarding the absence of religious freedom for Ecumenical Patriarch Bartholomew I in the areas of church-controlled Patriarchal succession, the confiscation of the vast majority of Patriarchal properties, recognition of the international Ecumenicity of the Patriarchate, and the reopening of the Theological School of Halki;  Whereas the Theological School of Halki, founded in 1844 and located outside Istanbul, Turkey, served as the principal seminary for the Ecumenical Patriarchate until its forcible closure by the Turkish authorities in 1971;  Whereas the alumni of this preeminent educational institution include numerous prominent Orthodox scholars, theologians, priests, bishops, and patriarchs, including Bartholomew I;  Whereas the Republic of Turkey has been a participating state of the Organization for Security and Cooperation in Europe (OSCE) since signing the Helsinki Final Act in 1975;  Whereas in 1989, the OSCE participating states adopted the Vienna Concluding Document, committing to respect the right of religious communities to provide ``training of religious personnel in appropriate institutions'';  Whereas the continued closure of the Ecumenical Patriarchate's Theological School of Halki has been an ongoing issue of concern for the American people and the United States Congress and has been repeatedly raised by members of the Commission on Security and Cooperation in Europe and by United States delegations to the OSCE's annual Human Dimension Implementation Meeting;  Whereas, in his address to the Grand National Assembly of Turkey on April 6, 2009, President Barack Obama said, ``Freedom of religion and expression lead to a strong and vibrant civil society that only strengthens the state, which is why steps like reopening Halki Seminary will send such an important signal inside Turkey and beyond.'';  Whereas, in a welcomed development, the Prime Minister of Turkey, Recep Tayyip Erdogan, met with the Ecumenical Patriarch on August 15, 2009, and, in an address to a wider gathering of minority religious leaders that day, concluded by stating, ``We should not be of those who gather, talk, and disperse. A result should come out of this.'';  Whereas, during his visit to the United States in November 2009, Ecumenical Patriarch Bartholomew I raised the issue of the continued closure of the Theological School of Halki with President Obama, congressional leaders, and others;  Whereas, in a welcome development, for the first time since 1922, the Government of Turkey in August 2010 allowed the liturgical celebration by the Ecumenical Patriarch at the historic Sumela Monastery; and  Whereas, following a unanimous decision by the European Court of Human Rights in Strasbourg in 2010, ruling that Turkey return the former Greek Orphanage on Buyukada Island to the Ecumenical Patriarchate, on the eve of the feast day of St. Andrew observed on November 30, the Government of Turkey provided lawyers representing the Ecumenical Patriarchate with the formal property title for the confiscated building: Now, therefore, be it  Resolved, That the Senate—  (1) welcomes the historic meeting between Prime Minister Recep Tayyip Erdogan and Ecumenical Patriarch Bartholomew I;  (2) welcomes the positive gestures by the Government of Turkey, including allowing the liturgical celebration by the Ecumenical Patriarch at the historic Sumela Monastery and the return of the former Greek Orphanage on Buyukada Island to the Ecumenical Patriarchate;  (3) urges the Government of Turkey to facilitate the reopening of the Ecumenical Patriarchate's Theological School of Halki without condition or further delay; and  (4) urges the Government of Turkey to address other longstanding concerns relating to the Ecumenical Patriarchate.

  • Labor Trafficking In Troubled Economic Times: Protecting American Jobs And Migrant Human Rights

    This hearing brought attention to the extremely lucrative criminal enterprise of human trafficking. Specific attention was focused on those who were most likely to be victims (i.e. people who were poor, had lost their jobs). Therefore, human trafficking, which involves forced labor, profits more in times of economic decline.

  • Helsinki Commission to Hold Hearing on Labor Trafficking

    WASHINGTON­—U.S. Representative Chris Smith (NJ-4), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission), and Senator Benjamin L. Cardin (MD), Co-Chairman, announced today they will hold a hearing next week on human trafficking: “Labor Trafficking in Troubled Economic Times: Protecting American Jobs and Migrant Human Rights” Monday, May 23, 2011 2:00 p.m. 2172 Rayburn House Office Building The global economic downturn has contributed to the exploitation of vulnerable individuals, often women and children, through sex and labor trafficking.  Each year tens of thousands of victims are trafficked into the United States from throughout the world in this modern-day form of slavery.  Human trafficking is a multibillion dollar criminal enterprise. The U.S. Helsinki Commission held its first hearing on trafficking in June 1999.  The United States has been at the forefront of efforts to combat human trafficking in all its forms, including labor trafficking, following adoption of the Trafficking Victims Protection Act of 2000, sponsored by Chairman Smith. The Commission hearing will focus on various aspects of labor trafficking, including abusive and illegal business practices as well as ways to better educate potential migrants of their rights.  Among other issues to be considered will be increased education and accountability, foreign labor recruiting practices and enhancing supply chain transparency. Labor trafficking remains the most prevalent form of human trafficking in the U.S. Witnesses scheduled to testify: Ambassador-at-Large Luis C. deBaca, U.S. Department of State Office to Monitor and Combat Trafficking in Persons (G/TIP) Gabriela Lemus, Ph.D. – Senior Advisor and Director, Office of Public Engagement, Department of Labor and Representative to the Senior Policy Operating Group on Trafficking in Persons Nancy A. Donaldson, Director Washington Office, International Labor Organization Neha Misra, J.D., Senior Specialist Migration and Human Trafficking, Solidarity Center Julia Ormond, Actress, Founder of the Alliance to Stop Slavery and End Trafficking, and former Goodwill Ambassador to the UN Office on Drugs and Crime

  • Sergei Magnitsky Rule of Law Accountability Act of 2011

    Mr. President, I rise today to introduce the Sergei Magnitsky Rule of Law Accountability Act of 2011.  While this bill bears Sergei Magnitsky’s name in honor of his sacrifice, the language addresses the overall issue of the erosion of the rule of law and human rights in Russia. It offers hope to those who suffer in silence, whose cases may be less known or not known at all.  While there are many aspects of Sergei’s and other tragic cases which are difficult to pursue here in the United States, there are steps we can take and an obvious and easy one is to deny the privilege of visiting our country to individuals involved in gross violations of human rights. Visas are privileges not rights and we must be willing to see beyond the veil of sovereignty that kleptocrats often hide behind. They do this by using courts, prosecutors, and police as instruments of advanced corporate raiding and hope outsiders are given pause by their official trappings of office and lack of criminal records. Further, we must protect our strategic financial infrastructure from those who would use it to launder or shelter ill-gotten gains.  Despite occasional rhetoric from the Kremlin, the Russian leadership has failed to follow through with any meaningful action to stem rampant corruption or bring the perpetrators of numerous and high-profile human rights abuses to justice.  My legislation simply says if you commit gross violations of human rights don’t expect to visit Disneyland, Aspen, or South Beach and expect your accounts to be frozen if you bank with us. This may not seem like much, but in Russia the richer and more powerful you get the more danger you are exposed to from others harboring designs on your fortune and future.  Thus many are standing near the doors and we can certainly close at least one of those doors. And I know that others, especially in Europe and Canada are working on similar sanctions.  I first learned about Sergei Magnitsky while he was still alive when his client William Browder, CEO of Hermitage Capital, testified at a hearing on Russia that I held as Chairman of the Commission on Security and Cooperation in Europe in June 2009.  At the Helsinki Commission we hear so many heartbreaking stories of the human cost of trampling fundamental freedoms and it’s a challenge not to give up hope and yield to the temptation of cynicism and become hardened to the suffering around us or to reduce a personal tragedy to yet another issue. While we use trends, numbers, and statistics to help us understand and deal with human rights issues, we must never forget the face of the individual person whose reality is the issue and the story of Sergei Magnitsky is as unforgettable as it is heartbreaking. Sergei Magnitsky was a young Russian tax lawyer employed by an American law firm in Moscow who blew the whistle on the largest known tax fraud in Russian history. After discovering this elaborate scheme, Sergei Magnitsky testified to the authorities detailing the conspiracy to defraud the Russian people of approximately $230 million dollars and naming the names of those officials involved. Shortly after his testimony, Sergei was arrested by subordinates of the very law enforcement officers he had implicated in this crime. He was held in detention for nearly a year without trial under torturous conditions. He developed severe medical complications, which went deliberately untreated and he died in an isolation cell while prison doctors waited outside his door on November 16, 2009.  Sadly, Sergei Magnitsky joins the ranks of a long list of Russian heroes who lost their lives because they stood up for principle and for truth. These ranks include Natalia Estemirova a brave human rights activist shot in the head and chest and stuffed into the trunk of a car, Anna Politkovskaya an intrepid reporter shot while coming home with an arm full of groceries, and too many others.  Often in these killings there is a veil of plausible deniability, gunmen show up in the dark and slip away into the shadows, but Sergei – in inhuman conditions – managed to document in 450 complaints exactly who bears responsibility for his false arrest and death. We must honor his sacrifice and do all we can to learn from this tragedy that others may not share his fate.  Few are made in the mold of Sergei Magnitsky – able to withstand barbaric deprivations and cruelty without breaking and certainly none of us would want to be put to the test. A man of such character is fascinating and in some ways disquieting because we suspect deep down that we might not have what it takes to stay loyal to the truth under such pressure. Magnitsky’s life and tragic death remind us all that some things are more valuable than success, comfort, or even life itself –truth is one of those things. May his example be a rebuke to those whose greed or cowardice has blinded them to their duties, an inspiration to still greater integrity for those laboring quietly in the mundane yet necessary tasks of life, and a comfort to those wrongly accused.  The Wall Street Journal described Sergei Magnitsky’s death as a “slow-motion assassination,” while the Moscow Prison Oversight Committee called it a “murder to conceal a fraud.” Pulitzer Prize-winning reporter Ellen Barry writing in the New York Times stated that, “Magnitsky’s death in pretrial detention at the age of 37... sent shudders through Moscow’s elite. They saw him – a post-Soviet young urban professional – as someone uncomfortably like themselves.”  Outside the media, President of the European Parliament Jerzy Buzek noted that “Sergei Magnitsky was a brave man, who in his fight against corruption was unjustifiably imprisoned under ruthless conditions and then died in jail without receiving appropriate medical care.” While Transparency International observed that, “Sergei did what to most people seems impossible: he battled as a lone individual against the power of an entire state. He believed in the rule of law and integrity, and died for his belief.”  One might have thought that after the worldwide condemnation of Sergei Magnitsky’s arrest, torture, and death in the custody, the Russian government would have identified and prosecuted those responsible for this heinous crime. Instead, the government has not prosecuted a single person and many of the key perpetrators went on to receive promotions and the highest state honors from the Russian Interior Ministry. Moreover, the officers involved feel such a sense of impunity that they are now using all instruments of the Russian state to pursue and punish Magnitsky’s friends and colleagues who have been publicly fighting for justice in his case.  They have forced the American founding partner of Magnitsky’s firm, Jamison Firestone, to flee Russia in fear for his safety in the months following his colleague’s death after learning that the same people were attempting to take control of an American client’s Russian companies and commit a similar fraud. And they have used the same criminal case that was used to falsely arrest Magnitsky to indict Sergei's client Bill Browder. They have opened up retaliatory criminal cases against many of Hermitage’s employees and all of its lawyers, who were forced to leave Russia to save their own lives. These attacks have only intensified since my colleague and friend Congressman Jim McGovern introduced the Justice for Sergei Magnitsky Act of 2011, a similar measure in the House of Representatives, last month.  In the struggle for human rights we must never be indifferent. On this point, I am reminded of Eli Wiesel’s hauntingly eloquent speech, The Perils of Indifference which he delivered at the White House in 1999. On this ever-present danger and demoralizer he cautions us, “Indifference elicits no response. Indifference is not a response. Indifference is not a beginning, it is an end. And, therefore, indifference is always the friend of the enemy, for it benefits the aggressor – never his victim, whose pain is magnified when he or she feels forgotten. The political prisoner in his cell, the hungry children, the homeless refugees – not to respond to their plight, not to relive their solitude by offering them a spark of hope is to exile them from human memory. And in denying their humanity we betray our own.”  Speaking of our humanity, I offer the following words as a contrast. They are from Russian playwright Mikhail Ugarov who created One Hour Eighteen, which is the exact amount of time it took for Sergei Magnitsky to die in his isolation cell at Moscow’s Matrosskaya Tishina prison. Ugarov asks, “When a person puts on the uniform of a public prosecutor, the white lab coat of a doctor, or the black robe of a judge, does he or she inevitably lose their humanity? Do they lose their ability to – even in a small way – empathize with a fellow human being? In the case of Sergei Magnitsky, each of the people who assumed these professional duties in the case left their humanity behind.”  The coming year will be a significant moment in the evolution of Russian politics. With Duma elections scheduled for the end of 2011 and presidential elections for early 2012, there is an opportunity for the Russian government to reverse what has been a steady trajectory away from the rule of law and respect for human rights and toward authoritarianism.  Mr. President, private and even public expressions of concern are not a substitute for a real policy nor are they enough, it’s time for consequences. The bill I introduce today sends a strong message to those who are currently acting with impunity in Russia that there will be consequences for corruption should you wish to travel to and invest in the United States. Such actions will provide needed moral support for those in Russia doing the really heavy-lifting in fighting corruption and promoting the rule of law, but they will also protect our own interests – values or business related.  We see before us a tale of two Russias, the double headed eagle if you will. To whom does the future of Russia belong? Does it belong to the Yevgenia Chirikovas, Alexey Navalnys, Oleg Orlovs and countless other courageous, hardworking, and patriotic Russians who expose corruption and fight for human rights or those who inhabit the shadows abusing and stealing from their fellow citizens?  Let’s not put aside our humanity out of exaggerated and excessively cautious diplomatic concerns for the broader relationship. Let’s take the long view and stand on the right side – and I believe the wise side – with the Russian people who’ve suffered so much for the cause of liberty and human dignity. They are the ones who daily risk their safety and freedom to promote those basic principles enshrined in Russian law and many international commitments including the Helsinki Final Act. They are the conscience of Russia. And let us tell them with one voice that they are not alone and that concepts like the rule of law and human rights are not empty words for this body and for our government. I urge my colleagues to support this bill.  I ask unanimous consent that the text of the bill be printed in the Record.  Thank you, Mr. President.

  • Statement on the Death of Max van der Stoel

    Mr. President, as the Senate Chairman of the U.S. Helsinki Commission, I rise today to pay tribute to Max van der Stoel, the first High Commissioner on National Minorities at the Organization for Security and Cooperation in Europe (OSCE), who died last week at his home in The Hague at the age of 86. Van der Stoel, a two-time Dutch foreign minister, worked tirelessly throughout the OSCE region as High Commissioner from 1992 to 2001 to prevent crises involving minority issues.  Max van der Stoel had a life-long commitment to human rights. From his early life in Nazi-occupied Netherlands to defining moments spent with Soviet-era dissidents, van der Stoel was deeply affected by the abuses he witnessed. He described one such encounter, in then-Czechoslovakia in 1977, when as foreign minister he met with Charter 77 activist, Jan Patocka in full view of Czechoslovak authorities. Van der Stoel commented that, “This support was of great concern to the Communist authorities. After our short meeting, Professor Patocka was arrested and rigorously interrogated. He died of a heart attack the next day.”  Following the first Gulf War, van der Stoel was appointed UN Human Rights Representative for Iraq, and he continued to raise human rights concerns in Iraq throughout the 1990s.  In 1992, he was appointed as the OSCE’s first High Commissioner on National Minorities (HCNM), with a mandate aimed at preventing conflict through quiet diplomacy and early warning to the OSCE countries. His successes in that role are largely unrecognized, as they lie in what did not happen rather than in what did. He traveled to countries where tensions were rising, encouraged dialogue, and made practical recommendations to address underlying issues related to ethnic tension.  He worked in Estonia and Latvia in the early 1990s to address the processing for acquiring citizenship – which at the time disadvantaged particularly ethnic Russians in the newly independent states because of stringent language testing. He was the OSCE Chairmanship’s Personal Representative on Kosovo – although unfortunately his early warnings in 1997 and 1998 went unheeded by policymakers. His work on inter-ethnic relations and education in Macedonia resulted in the establishment of the South Eastern European University in Tetovo in 2001, which is still a model for integrated education. Throughout his time as HCNM, he promoted rights for Roma, the single largest minority in the OSCE region as a whole.  His job was not easy, but his integrity, commitment, and diplomatic skills paved the way for his successors and built the position of the HCNM into one of the most effective OSCE tools for conflict prevention. His legacy to the OSCE is not only the work he did as HCNM, but the advice he left behind on the importance of early action to prevent conflict.  In his last statement to the OSCE Permanent Council in 2001, he said, “Governments should see the self interest in protecting minority rights and living in peaceful and prosperous multi-ethnic states. The only people who profit from inter-ethnic conflict are nationalist entrepreneurs. That is not a business that reaps long term profits. In the end, intolerance, violence and instability hurt us all.  “I maintain that preventing inter-ethnic conflict will continue to be one of the organization's biggest challenges in the near future. Despite improvements in many OSCE states, conflicts still rage and tensions boil below the surface. We have to sharpen our tools and invest sufficient resources to ensure that we remain on the cutting edge of conflict prevention. ... Collectively, we must do more to act in response to the warning signs. It is not enough to admonish States for falling short of their commitments. A concerted response by the international community must be resolute, targeted, and timely.  “...When a crisis becomes acute, everyone wonders what went wrong or what steps should be taken to contain the situation. Things do not need to get to that point. While Foreign Ministries seem to be increasingly sensitive to the benefits of relatively limited funding, treasuries are still hesitant to invest in preventing the conflicts of tomorrow. We need to put our money where our mouth is. It makes political and financial sense to put resources into keeping multi-ethnic states together, rather than bailing them out after they have fallen apart.”  His words are as timely and relevant today as they were ten years ago. It is my hope that, inspired by the dedication and accomplishments of Max van der Stoel, the United States and its allies will strive to ensure that ethic tension and human rights violations are not allowed to fester until they erupt into conflict. Thank you, Mr. President.

  • Remembering Katyn

    Mr. President, I rise today to commemorate the lives lost in last year's plane crash near Smolensk that killed Polish President Lech Kaczynski, his wife Maria, and 94 others who represented the political, cultural, and religious leadership of Poland. Words alone offer little solace before such awesome tragedy, which is one of the reasons people must gather together before monuments and flowers to add a tangible dimension to our shapeless grief. While eloquent remarks can move the heart, we all know a smile, a gaze, or an embrace can often do more to bring comfort to the sorrowful.  Katyn has become a tragedy in three acts--the crime, the cover-up, and now the crash. Surely it is fitting for us to meet, comfort each other, and remember those who died. But what lies beyond our tears? Can good come from this evil?  For the loved ones of those 96 souls who perished nearly a year ago, they must take comfort in knowing that the final act of their beloved was a noble one--that of remembering those martyrs whom Stalin and his henchmen sought to erase from Poland and, indeed, from history.  As Stanislaw Kot, Poland's wartime Ambassador to Moscow, said, "People are not like steam; they cannot evaporate.'' He was right and it is written, ``Your brother's blood cries out to me from the ground!'' In a haunting twist of fate, a hungry wolf in the Russian winter would scratch at the snow and uncover the hastily buried bones of Poland's best and brightest. And the truth about this unspeakable crime would one day be known.  We have come a long way--a very long way--from the time when this atrocity was falsely presented as a Nazi crime and from the time when the names of the dead could only be circulated in communist Poland in the form of samizdat publications and whispered around kitchen tables.  Nevertheless, there is still more that must be done to set the record straight. This involves insuring that all the evidence relating to the execution sites, the executioners' identities, the motives for the crime, and the fate of so many Polish families who vanished on the Siberian steppe are publicly available. We must ensure that the fullness of the truth is uncovered and shared for its own sake and for closure. To that end, I welcome recent news of the Kremlin's release of still more documents relating to the massacre.  Further, I believe that finally coming to terms with Katyn is a necessary precondition for a durable Polish-Russian rapprochement, which is itself good insurance for maintaining a Europe, whole, free, and at peace.  Next week Presidents Komorowski and Medvedev will meet before the mass graves at Katyn and, I trust, will continue a dialogue of healing between two great nations that have suffered so much from the elevation of an ideology over a people. I wish them well in their talks and ongoing mission of reconciliation and believe that the only lasting balm for this wound lies in the heart and not in a courtroom or even a legislature.  This is not to say that charges or claims should not be pursued, but to recognize that, in many cases, such actions will fall short and offer little by way of consolation.  It would be most unfortunate for the memory of Katyn to be debased by ideologues of any ilk who would usurp this sacred memory for partisan projects. For too long the truth about Katyn was denied by those on the left who turned a blind eye to the reality of communism and many on the right seemed to view Katyn as just another issue to be exploited in the struggle of ideologies. People and their memory are an end, in and of themselves, and must never be used as a means to advance even a just cause. The only decent relationship to them is that of love and remembrance--our dignity and theirs demands nothing less.  My sincere hope is that Poland and Russia can do better than some countries that have fought bitter diplomatic battles and enacted laws to force or deny recognition of historic crimes. By honestly evaluating a shared past of suffering, Poles and Russians have a real opportunity to build a shared future of friendship and prosperity.  Poland is now free and her traditions support the forgiveness that offers a path out of the valley of this shadow of death. In so many ways, Poland is, and must remain, a light to those nearby who still live in the darkness of oppression and lies.  As we continue to ponder the devastation of last year's catastrophe, I would like to close by putting a couple faces on our sadness; those of Mariusz Handzlik and Andrzej Przewoznik, who both died in last year's crash.  Mariusz was a diplomat and father of three. He was well known and well liked in Washington from the years he spent assigned to the Embassy of Poland. In 2000, he played a fateful game of chess with Polish war hero and Righteous Gentile Jan Karski who narrowly escaped "liquidation'' at Katyn. Karski would die in a Washington hospital and Handzlik in a gloomy Russian forest.  Andrzej was a historian, a husband, and father of two. He was the principal organizer behind the conference I cohosted as Chairman of the U.S. Helsinki Commission last year at the Library of Congress to mark the 70th anniversary of the Katyn Forest Massacre. Andrzej hoped to spend time at our National Archives sifting through the papers of the Madden Committee and other relevant U.S. Government documents on Katyn.  The memories of Mariusz, Andrzej, and so many other truly exceptional people on that doomed flight offer much by way of virtue and accomplishment that will inspire Poles for generations to come. Let us take comfort in the truth that is, at last, known and bask in the warmth of heroic memories and do this together with our Polish friends who are second to no one in their love of freedom.

  • Northern Ireland: Why Justice in Individual Cases Matters

    This hearing, chaired by Christopher H. Smith (NJ-04), focused on possible British Government collusion or complicity in murders in Ireland during the Troubles. Witnesses at this hearing included John Finucane, John Teggart, Raymond McCord, Sr., and Ciarán McAirt, all relatives of Irish citizens murdered by British loyalists. Another witness was Jane Winter, Director of British Irish Rights Watch. Chairman Smith expressed concern about the British government’s commitment to holding those who committed the murders accountable, particularly in light of the Inquiries Act of 2005, which empowered the government to limit independent action by the judiciary and block scrutiny of state actions in inquiries held under its terms. 

  • Senator Cardin’s Response to Rep. King’s U.S. Anti-Muslim Hearings

    Mr. President, I rise today to share my thoughts on the hearings held last week in the House of Representatives called "The Extent of Radicalization in the American Muslim Community and that Community's Response." Congressional hearings are supposed to serve as an important role of oversight, investigation, or education, among other purposes. However, this particular hearing--billed as the first of a series--served only to fan flames of fear and division.  My first concern is the title of the hearing--targeting one community. That is wrong. Each of us has a responsibility to speak out when communities are unfairly targeted.  In 1975, the United States joined all the countries of Europe and established the Conference on Security and Cooperation in Europe, now known as the OSCE. The Congress created the U.S. Helsinki Commission to monitor U.S. participation and compliance with these commitments. The OSCE contains commitments in three areas or baskets: security, economics, and human rights. Best known for its human rights advancements, the OSCE has been aggressive in advancing these commitments in each of the OSCE states. The OSCE stands for religious freedom and protection of minority rights.  I am the Senate chair of the U.S. Helsinki Commission. In that capacity, I have raised human rights issues in other countries, such as in France when, in the name of national security, the Parliament banned burqas and wearing of all religious articles or when the Swiss restricted the building of mosques or minarets.  These policies were restrictive not only to the religious practice of Muslims but also Christians, Jews, and others who would seek to wear religious symbols and practice their religion as they saw fit.  I have also raised human rights issues in the United States when we were out of compliance with our Helsinki commitments. In that spirit, I find it necessary to speak out against the congressional hearing chaired by Congressman Peter King.  Rather than constructively using the power of Congress to explore how we as a nation can use all of the tools at our disposal to prevent future terrorist attacks and defeat those individuals and groups who want to do us harm, this spectacle crossed the line and chipped away at the religious freedoms and civil liberties we hold so dearly.  Radicalization may be the appropriate subject of a congressional hearing but not when it is limited to one religion. When that is done, it sends the wrong message to the public and casts a religion with unfounded suspicions.  Congressman King's hearing is part of a disturbing trend to demonize Muslims taking place in our country and abroad. Instead, we need to engage the Muslim community in the United States.  A cookie-cutter approach to profile what a terrorist looks like will not work. As FBI Director Mueller recently testified to the Senate:  “... During the past year, the threat from radicalization has evolved. A number of disruptions occurred involving extremists from a diverse set of backgrounds, geographic locations, life experiences, and motivating factors that propelled them along their separate radicalization pathways.”  Let us remember that a number of terrorist attacks have been prevented or disrupted due to informants from the Muslim community who contacted law enforcement officials.  I commend Attorney General Holder and FBI Director Mueller for increasing their outreach to the Arab-American community. As Attorney General Holder said:  “Let us not forget it was a Muslim-American who first alerted the New York police to a smoking car in Times Square. And his vigilance likely helped to save lives. He did his part to avert tragedy, just as millions of other Arab-Americans are doing their parts and proudly fulfilling the responsibility of citizenship.” We need to encourage this type of cooperation between our government and law enforcement agencies in the Muslim community.  As the threat from al-Qaida changes and evolves over time, the piece of the puzzle is even more important to get right. FBI Director Mueller testified before the House recently that:  At every opportunity I have, I reaffirm the fact that 99.9 percent of Muslim-Americans, Sikh-Americans, and Arab-Americans are every bit as patriotic as anyone else in this room, and that many of the anti-terrorism cases are a result of the cooperation from the Muslim community and the United States.  As leaders in Congress, we must live up to our Nation's highest ideals and protect civil liberties, even in wartime when they are most challenged. The 9/11 Commission summed up this well when they wrote:  The terrorists have used our open society against us. In wartime, government calls for greater powers, and then the need for those powers recedes after the war ends. This struggle will go on. Therefore, while protecting our homeland, Americans must be mindful of threats to vital personal and civil liberties. This balancing is no easy task, but we must constantly strive to keep it right.  I agree with Attorney General Holder's recent speech to the Arab-American Anti-Discrimination Committee, where he stated:  “In this Nation, our many faiths, origins, and appearances must bind us together, not break us apart. In this Nation, the document that sets forth the supreme law of the land--the Constitution--is meant to empower, not exclude. And in this Nation, security and liberty are--at their best--partners, not enemies, in ensuring safety and opportunity for all.” Actions, such as the hearing held last week, that pit us against one another based on our religious beliefs, weaken our country and its freedoms and ultimately do nothing to make our country any safer. Hearings such as the one held last week only serve as a distraction from our real goals and provide fuel for those who are looking for excuses to find fault or blame in our way of life.  Let's not go the way of other countries but instead hold dear the protections in our Constitution that safeguard the individual's right to freely practice their religion and forbid a religious test to hold public office in the United States. Our country's strength lies in its diversity and our ability to have strongly held beliefs and differences of opinion, while being able to speak freely and not fear the government will imprison us for criticizing the government or holding a religious belief that is not shared by the majority of Americans.  On September 11, 2001, our country was attacked by terrorists in a way we thought impossible. Thousands of innocent men, women, and children of all races, religions, and backgrounds were murdered. As the 10-year anniversary of these attacks draws closer, we continue to hold these innocent victims in our thoughts and prayers, and we will continue to fight terrorism and bring terrorists to justice.  After that attack, I went back to my congressional district in Maryland at that time and made three visits as a Congressman. First I visited a synagogue and prayed with the community. Then I visited a mosque and prayed with the community. Then I went to a church and prayed with the community. My message was clear on that day: We all needed to join together as a nation to condemn the terrorist attacks and to take all necessary measures to eliminate safe havens for terrorists and bring them to justice. We all stood together on that day regardless of our background or personal beliefs.  But my other message was equally important: We cannot allow the events of September 11 to demonize a particular community, religion, or creed. Such actions of McCarthyism harken back to darker days in our history. National security concerns were used inappropriately and led to 120,000 Japanese-Americans being stripped of their property and rights and placed in internment camps in 1942, though not a single act of espionage was ever established.  The United States should not carry out a crusade against any particular religion as a response to 9/11 or other terrorist attacks. The United States will not tolerate hate crimes against any group, regardless of their religion or ethnicity, and we should not allow our institutions, including Congress, to be used to foment intolerance and injustice. Let's come together as a nation and move forward in a more constructive and hopeful manner.

  • The OSCE as a Model for the Middle East

    For video of this speech, please click here. Mr. CARDIN. Mr. President, I ask unanimous consent to speak as in morning business. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. CARDIN. Mr. President, we have all watched in awe during the past weeks as the unquenchable desire for liberty and human dignity has inspired the people of the Middle East to lift themselves from oppression and move their country toward a new dawn. Sadly, we now also watch in horror the brutality of Colonel Qadhafi, who murders his own people as he clings to power. I join President Obama in calling for Colonel Qadhafi to leave Libya immediately and support our efforts, in concert with the international community, to help the Libyan people. What happens next? No one knows. I certainly do not have the answer. I pray that peace and stability come quickly to Libya and hope the people of Egypt and Tunisia make swift and concrete progress in establishing democratic institutions and the rule of law. While each country in the region must find its own path in this journey, I would suggest the international community currently has a process in place that can serve as a way forward for the countries in the Middle East and North Africa in establishing a more democratic process, that guarantees free elections and free speech. I am referring to the Organization for Security and Cooperation in Europe , the OSCE. The OSCE traces its origins to the signing of the Helsinki Accords in 1975, and for more than 35 years has helped bridge the chasm between Eastern and Western Europe and Central Asia, by ensuring both military security for member countries and the inalienable human rights of its citizens. There are three baskets in OSCE. One basket deals with human rights because it is critically important that the countries respect the rights of their citizens. Another basket deals with security because you cannot have human rights unless you have a secured country that protects the security of its people. The third basket deals with economics and environment because you cannot have a secure country and you cannot have human rights unless there is economic opportunity for your citizens and you respect the environment in which we live. The three baskets are brought together. In the United States, the Congress created the U.S. Helsinki Commission that monitors and encourages compliance by the member states in the OSCE. I am privileged to serve as the Senate chairman of the U.S. Helsinki Commission, and I represent our Commission on most of these issues. Today Egypt and Tunisia, along with Algeria, Israel, Jordan, and Morocco, are active Mediterranean partners within the OSCE and have made a commitment to work toward the principles of the organization. In 1975, the Helsinki Final Act recognized that security in Europe is closely linked with security in the Mediterranean and created this special partnership between the signatory states and the countries in the Mediterranean as a way to improve relations and work toward peace in the region. Libya was an original partner in this endeavor but, regrettably--and , in my view, to its detriment--ultimately, turned its back on the organization. More recently, the U.S. Helsinki Commission has made the Mediterranean partnership a priority on our agenda. Parliamentary assembly meetings have taken place in which all of the member states were present, including our partners, and we have had sidebar events to encourage the strengthening of the relationship between our Mediterranean partners for more cooperation to deal with human rights issues, to deal with free and fair elections, to deal with their economic and environmental needs, including trade among the Mediterranean partners and , yes, to deal with security issues to make sure the countries and the people who live there are safe. A Helsinki-like process for the Middle East could provide a pathway for establishing human rights, peace, and stability in Egypt, Tunisia, and other countries in the region. As a member of the Helsinki Commission since 1993, I have discussed the possibility of a Helsinki-like process for the region with Middle Eastern leaders, a process that could result in a more open, democratic society with a free press and fair elections. The Helsinki process, now embodied in the Organization for Security and Cooperation in Europe , bases relations between countries on the core principles of security , cooperation , and respect for human rights. These principles are implemented by procedures that establish equality among all the member states through a consensus-based decisionmaking process, open dialog, regular review of commitments, and engagement with civil society. We have seen the Helsinki process work before in a region that has gone through generations without personal freedom or human rights. Countries that had been repressed under the totalitarian regime of the Soviet Union are now global leaders in democracy, human rights, and freedom. One need only look as far as the thriving Baltic countries to see what the Middle East could aspire to. Lithuania now chairs both the OSCE and the Community of Democracies. Estonia has just joined the Unified European common currency, and Latvia has shown a commitment to shared values as a strong new member of the NATO alliance. Enshrined among the Helskini Accord's 10 guiding principles is a commitment to respect human rights and fundamental freedoms, including free speech and peaceful assembly. The Helsinki process is committed to the full participation of civil society. These aspects of the Helsinki process--political dialog and public participation--are critical in the Middle East, and we have watched these principles in action today in Egypt and Tunisia. The principles contained in the Helsinki Accords have proven their worth over three decades. These principles take on increasing importance as the people of the Middle East demand accountability from their leaders. Whether the countries of the region choose to create their own conference for security and cooperation or, as some have suggested, the current OSCE Mediterranean partners and their neighbors seek full membership in the OSCE, I believe such an endeavor could offer a path for governments in the region to establish human rights, establish a free press, and institute fair elections. Finally, as the citizens of both Tunisia and Egypt demand more freedom, I urge both countries to permit domestic and international observers to participate in any electoral process. The OSCE and its parliamentary assembly have extensive experience in assessing and monitoring elections and could serve as an impartial observer as both countries work to meet the demands of openness and freedom of their citizens. The election monitoring which takes place within the OSCE states is a common occurrence. During our midterm elections, there were OSCE observers in the United States. So they are present in most of the OSCE states because we find this a helpful way to make sure we are doing everything we can to have an open and fair election system. Free and fair elections are critical, but they must be built upon by the strengthening of democratic institutions and the rule of law. I believe the principles contained in the Helsinki Accords have a proven track record and could help guide this process. With that, I yield the floor.

  • Attacks in Hungary and the Czech Republic

    Mr. President, as co-chairman of the U.S. Helsinki Commission, I wanted to bring to the Senate's attention that next week, February 23, will mark a tragic anniversary. Two years ago on that date, assassins gathered outside the home of Robert Csorba. They threw a Molotov cocktail into the house. Although some family members escaped the blaze, five-year-old Robert Csorba and his father did not: as they tried to flee the flames, their attackers riddled them with bullets. The murderers were prepared: if the bomb did not finish them off, their guns would. They were prepared to kill men, women, and children. The Csorbas were just two of the victims in a wave of racially motivated attacks against Roma that has roiled Hungary. According to the European Roma Rights Center, between January 2008 and July 2010 there were at least two dozen cases where Molotov cocktails, hand grenades or sniper fire were used. The victims included nine fatalities, including two children, and others who were seriously injured. Among them was the 13-year-old daughter of Maria Balogh. Ms. Balogh was murdered when snipers shot into her home in the middle of the night on August 3, 2009, killing her and leaving her daughter an orphan. Her daughter was also grievously wounded: she was shot in the face, blinded in one eye, and maimed for life. It is no wonder that these attacks led one Romani activist to declare that Roma would need to arm themselves or flee, and another asserted that if these attacks continued, Hungary would be headed toward civil war. There are some positive developments. The fatal attacks have stopped. Hungary's new government has reached out to the victims to provide support for rebuilding homes that were damaged or destroyed in arson attacks. Hungary's new Minister for Social Inclusion, Zolton Balog, has demonstrated a rare and welcome compassion for his Romani fellow citizens. But the wounded and the dead still wait for justice in Hungary. Although four men have been arrested on suspicion of carrying out the serial killings of Roma that occurred in 2008 and 2009, there have been no trials and no convictions. The Czech Republic has also seen a dramatic rise in anti-Roma rhetoric and violent actions in the past few years. Last October, I joined Helsinki Commission cochairman, Alcee Hastings in welcoming the lengthy sentences handed down in the Czech Republic to four neo-Nazis who firebombed a Romani home in 2009, an act which left an infant, widely known simply as ``Baby Natalka,'' with second and third degree burns over 80 percent of her body and a lifetime of painful rehabilitation ahead of her. When that judgment was handed down against the four men who firebombed Baby Natalka, I was heartened. I also said I was watching another Czech case--one that is largely unknown. On November 8, 2008, a roving mob attacked several Roma in the town of Havirov. One teenager was so savagely beaten, he was effectively left for dead. For a prolonged period of time afterwards, he was in a coma, and when he regained consciousness, he was unable to talk. Although he has learned to speak again, he has suffered permanent brain damage. He is paralyzed, was forced to end his studies, and may never be able to work. A decision in the case is expected to be announced in the Ostrava regional court at 8:30 a.m. on February 24. Behind the high profile murder cases of Roma that make their way into the news, there is an even larger number of cases involving Roma who have been attacked, but not fatally; they do not die but are maimed, disabled, and traumatized for life by the racially motivated violence they have encountered. Their stories are often never told, but each of them stands as a living monument to everyone in their families and everyone in their communities, testifying to the government's failure to protect them. Each of them deserves justice, including Jaroslav Horvath, the teenager attacked in Havirov.  

  • Lithuania’s Leadership of the OSCE

    Rep. Chris Smith (NJ-04) and other legislators welcomed Lithuania’s as a member of NATO, the EU, and OSCE Chair-in-Office. The commissioners commended Lithuania on its remarkable work in democratically reforms in its own country. However, the attendees of the hearing expressed their concerns over Lithuania’s neighbor, Belarus, Europe’s “last dictatorship.” Legislators also reflected on the trajectories of other Newly Independent States.

  • Northern Cyprus

    Mr. President, I rise today to return to the issue of the legacy of the invasion and ongoing occupation of Northern Cyprus and related human rights violations in the region. The disruption of a Christmas liturgy at the Orthodox Church of Agios Synesios, in Rizokarpaso, by the security services is appalling and should be roundly condemned by people of good will. The town, located in the Karpas region, is an anchor for the remnant of the once thriving Greek Cypriot community, now numbering several hundred mainly aged souls. The faithful had gathered at the church one of only a handful of Orthodox places of worship in the occupied area to have survived intact for a rare service. According to reports, members of the security services entered the church while the liturgy was being celebrated, ordered a halt to the religious service, and forced the worshipers and the priest out of the building before locking the doors. This sad turn of events has become all too familiar in a region under the effective control of the Turkish military. Of the 500 Orthodox Christian churches, monasteries, chapels and other sacred sites in the north, nearly all have sustained heavy damage, with most desecrated and plundered, including cemeteries. A mere handful, including the Church of Agios Synesios, may occasionally be used for religious services depending upon the whims of the local authorities and the military. The disruption of the Christmas Day liturgy is an affront to the dignity of those attending the service and is part of a disturbing pattern of violation of OSCE commitments on the fundamental freedom of religion, including the right of religious communities to maintain freely accessible places of worship. A related concern has been the tendency of State Department reports to downplay the difficulties faced by Orthodox Christians seeking to conduct services in northern Cyprus as well as the extent of the region's rich religious cultural heritage. I raised my concerns over the denial of religious freedom in occupied Cyprus when the Committee on Foreign Relations held a nomination hearing for the position of Ambassador-At-Large for International Religious Freedom and will continue to closely monitor the situation in that part of Cyprus . Under my chairmanship of the Commission on Security and Cooperation in Europe we undertook an examination of the destruction of religious cultural heritage in that part of Cyprus . Our findings, along with expert testimony were presented at a Commission briefing, "Cyprus' Religious Cultural Heritage in Peril'' held on July 21, 2009. I encourage my colleagues and other interested parties to review the materials from that event, available on the Commission's Web site, www.csce.gov. A Law Library of Congress report: "Cyprus: Destruction of Cultural Property in the Northern Part of Cyprus and Violations of International Law" was also released at the briefing. In addition to documenting the extensive destruction of such sites, the briefing also touched on infringements of the rights of Orthodox Christians in Northern Cyprus to freely practice their religion. Those responsible for the interruption and abrupt forcible ending of the Christmas service at the Church of Agios Synesios should issue a formal apology for the boorish act of repression and I call upon all authorities in northern Cyprus to remove restrictions on the free exercise of freedom of religion and other basic human rights in this part of the country under their control.  

  • Northern Cyprus

    Mr. CARDIN. Mr. President, I rise today to return to the issue of the legacy of the invasion and ongoing occupation of Northern Cyprus and related human rights violations in the region. The disruption of a Christmas liturgy at the Orthodox Church of Agios Synesios, in Rizokarpaso, by the security services is appalling and should be roundly condemned by people of good will. The town, located in the Karpas region, is an anchor for the remnant of the once thriving Greek Cypriot community, now numbering several hundred mainly aged souls. The faithful had gathered at the church one of only a handful of Orthodox places of worship in the occupied area to have survived intact for a rare service. According to reports, members of the security services entered the church while the liturgy was being celebrated, ordered a halt to the religious service, and forced the worshipers and the priest out of the building before locking the doors. This sad turn of events has become all too familiar in a region under the effective control of the Turkish military. Of the 500 Orthodox Christian churches, monasteries, chapels and other sacred sites in the north, nearly all have sustained heavy damage, with most desecrated and plundered, including cemeteries. A mere handful, including the Church of Agios Synesios, may occasionally be used for religious services depending upon the whims of the local authorities and the military. The disruption of the Christmas Day liturgy is an affront to the dignity of those attending the service and is part of a disturbing pattern of violation of OSCE commitments on the fundamental freedom of religion, including the right of religious communities to maintain freely accessible places of worship. A related concern has been the tendency of State Department reports to downplay the difficulties faced by Orthodox Christians seeking to conduct services in northern Cyprus as well as the extent of the region's rich religious cultural heritage. I raised my concerns over the denial of religious freedom in occupied Cyprus when the Committee on Foreign Relations held a nomination hearing for the position of Ambassador-At-Large for International Religious Freedom and will continue to closely monitor the situation in that part of Cyprus . Under my chairmanship of the Commission on Security and Cooperation in Europe we undertook an examination of the destruction of religious cultural heritage in that part of Cyprus . Our findings, along with expert testimony were presented at a Commission briefing, ``Cyprus' Religious Cultural Heritage in Peril'' held on July 21, 2009. I encourage my colleagues and other interested parties to review the materials from that event, available on the Commission's Web site, www.csce.gov. A Law Library of Congress report: ``Cyprus : Destruction of Cultural Property in the Northern Part of Cyprus and Violations of International Law'' was also released at the briefing. In addition to documenting the extensive destruction of such sites, the briefing also touched on infringements of the rights of Orthodox Christians in Northern Cyprus to freely practice their religion. Those responsible for the interruption and abrupt forcible ending of the Christmas service at the Church of Agios Synesios should issue a formal apology for the boorish act of repression and I call upon all authorities in northern Cyprus to remove restrictions on the free exercise of freedom of religion and other basic human rights in this part of the country under their control.

  • World Premiere of Justice for Sergei

    This film screening presented by the U.S. Helsinki Commission commemorated the one-year anniversary of the death of Russian anti-corruption lawyer Sergei Magnitsky. “Justice for Sergei” is a film about the anti-corruption lawyer who blew the whistle on a $230 million tax fraud involving senior Russian officials. This film marks the first time since Sergei’s death that his family and friends have spoken publicly about the false arrest and torture of the man who died trying to expose the corruption gripping his country.    Panelists – including Boris Nemtsov, Former Deputy Prime Minister of the Russian Federation; Dr. Michael McFaul, Senior Director of Russia and Eurasian Affairs for the National Security Council; and David Kramer, Executive Director of Freedom House – presented statements related to corruption in Russia and spoke to the lack of rule of law in the country.

  • Russia: U.S. Congressmen Propose Sanctions in Lawyer’s Death

    Members of the United States Congress introduced legislation on Wednesday that would impose financial sanctions and visa bans on Russian officials implicated in the case of Sergei L. Magnitsky, a Russian lawyer who died in prison in Moscow in November after being ensnared in tax inquiry. The measure’s sponsors — including Senator Benjamin L. Cardin, a Maryland Democrat, and Representative Jim McGovern, a Massachusetts Democrat — said it was intended to spur the Russian government to properly investigate Mr. Magnitsky’s death. His defenders contend that he was jailed in an effort to force him to falsify testimony against Hermitage Capital Management, a major foreign investment fund that once had large holdings in Russia. His death caused widespread outrage and focused renewed attention on police tactics and corruption in Russia.

  • Justice for Sergei Magnitsky Act of 2010

    Mr. President, I rise today to introduce the Justice for Sergei Magnitsky Act of 2010. As Chairman of the Commission on Security and Cooperation in Europe, I first learned about Sergei Magnitsky at a hearing I held on Russia in June 2009.  Sergei Magnitsky was a young Russian anti-corruption lawyer employed by a prominent American law firm in Moscow who blew the whistle on the largest known tax rebate fraud in Russian history perpetrated by high level Russian officials. After discovering this complex and brazen corruption scheme, Sergei Magnitsky dutifully testified to the authorities detailing the conspiracy to defraud the Russian people of approximately $230 million dollars and naming the names of those officials. Shortly after his testimony, Sergei was arrested by subordinates of the very law enforcement officers he had implicated in this crime. He was held in detention for nearly a year without trial under torturous conditions and died in an isolation cell while prison doctors waited outside his door on November 16, 2009.  In April of this year I sent a letter to our Secretary of State urging a visa ban for Russian officials connected to the death of Sergei Magnitsky. I also released a list of 60 senior officials from the Russian Interior Ministry, Federal Security Service, Federal Tax Service, Regional Courts, General Prosecutor’s Office, and Federal Prison Service, along with detailed descriptions of their involvement in this matter. My bill reminds the Department of State that I have not forgotten and will not forget this issue. In fact, this bill goes a bit further adding an asset freeze provision to be applied against those implicated in this tragic affair. Mr. President, I ask unanimous consent that my letter to Secretary of State Clinton and my list be entered into the record.  Sergei Magnitsky, a lawyer with what should have been a promising career ahead of him died at age 37 leaving behind a mother, a wife, and two boys who never saw him or even heard his voice after his arrest. Since his death, no one has been held accountable and some of those involved even have been promoted. Also, there is strong evidence that the criminal enterprise that stole the money from the Russian treasury and falsely imprisoned and tortured Magnitsky, continues to operate. In fact, the American founding partner of Magnitsky’s firm fled Russia for his safety in the months following his colleague’s death after learning that a similar fraud scheme was attempted by the same criminals.  This is a heartbreaking story, and let me be clear, my bill does not even attempt to deliver justice as that would be impossible since nothing can bring Sergei back. There are obvious limits to what we can do as Americans, but we can deny the privilege of visiting our country and accessing our financial system. This bill sends a strong message to those who are currently acting with impunity in Russia that there will be consequences for corruption should you wish to travel and invest abroad. I hope others, especially in the EU, UK, and Canada will adopt similar sanctions. This measure is also about the future and protecting our business interests abroad by making it clear that, even if your home country allows you to trample the rule of law, we will not stand by and become an unwitting accomplice in your crimes.  Sadly, Sergei Magnitsky joins the ranks of a long list of Russian heroes who lost their lives because they stood up for principle and for truth. These ranks include Natalia Estemirova a brave human rights activist shot in the head and chest and stuffed into the trunk of a car, Anna Politkovskaya an intrepid reporter shot while coming home with an arm full of groceries, and too many others. Often in these killings there is a veil of plausible deniability, gunmen show up in the dark and slip away into the shadows, but Sergei, in inhuman conditions managed to document in 450 complaints exactly who bears responsibility for his false arrest and death. We must honor his heroic sacrifice and do all we can to learn from this tragedy that others may not share his fate. Few are made in the mold of Sergei Magnitsky – able to withstand barbaric depravations and cruelty without breaking and certainly none of us would want to be put to such a test. For those corrupt officials who abuse their office, Sergei’s life stands as a rebuke to what is left of their consciences. To those who suffer unjustly, Sergei’s experience can be a reminder to draw strength from and to know that they are not completely alone in their struggle. In closing, I wish to address those prominent Russian human rights defenders who just a couple weeks ago appealed to our government and to European leaders to adopt the sanctions I called for in my April letter to Secretary Clinton. You are the conscience of Russia and we have heard your plea. You are not alone, and while you and your fellow citizens must do the heavy-lifting at home, I assure you that “human rights” are not empty words for this body and for my government. I urge my colleagues to support this bill. Thank you, Mr. President.

  • U.S. Lawmakers Push Visa Sanctions in Russian Case

    More than 60 Russians linked to the death of an anti-corruption lawyer would be barred from the United States and its financial markets under a bill introduced in the Congress on Wednesday. The measure says that sanctions would be lifted only after Russia brings to justice those responsible for the 2009 death of Sergei Magnitsky, a lawyer for what was once Russia's top equity fund, Hermitage. But the bill, introduced by Senator Benjamin Cardin and Representative James McGovern, both Democrats, faces a steep climb to get passed before Congress completes its work for the year. Human rights activists charge that Russian authorities subjected Magnitsky to conditions amounting to torture in a failed bid to force him to testify in their favor in a battle with Hermitage over a $234 million tax fraud scheme. Magnitsky died after being repeatedly denied medical treatment in pre-trial detention. He had accused Russian officials of stealing the millions of tax dollars paid by his client. A Democratic aide said the bill has drawn bipartisan interest and lawmakers might get to it when they return to Washington after the November 2 congressional election for what is expected to be a final few weeks of work. "Nearly a year after Sergei's death, the leading figures in this scheme remain in power in Russia," said Cardin, who also chairs the human rights monitoring U.S. Helsinki Commission, an independent federal agency. "If we expect any measure of justice in this case, we must act in the United States," said Cardin. "At the least, we can and should block these corrupt individuals from traveling and investing their ill-gotten money in our country."

  • Opening a Second Front

    The death in prison of Sergei Magnitsky, a young Russian lawyer, remains one of the darkest scandals in the blotchy history of Russia's criminal justice system, exemplifying a culture of impunity in which power and wealth are fungible, and those who get in the way get squashed. Mr Magnitsky died of untreated pancreatis in pre-trial detention. He hadaccused Russian officials of stealing millions of tax dollars paid by his client, Hermitage Capital Management. Energetic lobbying by the head of Hermitage, the American-born financier Bill Browder, now seems to be getting somewhere. Two senior American lawmakers, Senator Benjamin L. Cardin (a Democrat from Maryland), who is Chairman of the congressional Helsinki Commission and James P. McGovern (a Democratic congressman from Massachussetts), who chairs the Tom Lantos Human Rights Commission, have introduced laws that would prohibit some 60-odd Russian officials linked to his death from visiting the United States, and freeze any assets they hold under American jurisdiction. (The Russian officials concerned have either made no public comment, or deny all wrongdoing). Mr Cardin said: “Nearly a year after Sergei’s death, the leading figures in this scheme remain in power in Russia. It has become clear that if we expect any measure of justice in this case, we must act in the United States...At the least we can and should block these corrupt individuals from traveling and investing their ill-gotten money in our country.” Mr McGovern said: “I have introduced the ‘Justice for Sergei Magnitsky Act of 2010’ in the House of Representatives as a direct consequence of the compelling testimony at a hearing on human rights in the Russian Federation in the Tom Lantos Human Rights Commission. The death of this courageous whistleblower in a Russian prison is the consequence of an abysmal prison system and corruption aimed at defrauding the Russian Treasury of billions. We know about Sergei Magnitsky, and we know about Mikhail Khodorkovsky, but how many more Magnitskys and Khodorkovskys are currently suffering in Russian prisons? My bill addresses the root causes of these severe human rights violations -- the Russian prison system and official corruption. We should not rest until justice is achieved in Sergei’s case, and the money is returned to its rightful owners -- the people of the Russian Federation."

  • Iraqis Face Threat

    The United States has a "moral obligation" to resettle tens of thousands of Iraqis who helped U.S. troops and civilian groups and who now face death threats from al Qaeda terrorists, members of Congress told Secretary of State Hillary Rodham Clinton and Defense Secretary Robert M. Gates. In letters to the two Cabinet members, the seven senators and 15 House members complained that the Obama administration is moving too slowly to grant visas to the doomed Iraqis and blamed bureaucrats for narrowly applying a law designed to relocate the Iraqis to the United States. They also warned Mrs. Clinton and Mr. Gates that time is running out, as the deadline for the end of U.S. combat operations looms at the end of August. The United States plans to draw down its 64,000 soldiers in Iraq to 50,000 and switch to a training and advisory role with the Iraqi army until a complete U.S. troop withdrawal by Dec. 31, 2011. "Resettlement to the United States could be the only safe option for thousands of our Iraqi employees," said Sen. Benjamin L. Cardin, Maryland Democrat and chairman of the congressional Commission on Security and Cooperation in Europe, who organized the letters with Co-chairman Rep. Alcee L. Hastings, Florida Democrat. "The United States has a moral obligation to stand by those Iraqis who have risked their lives and the lives of their families to stand by us in Iraq for the past seven years, and doing so is also in our strategic self interest," the letters said. "Providing support for our Iraqi allies will advance U.S. national security interests around the world, particularly in Afghanistan, by sending a message that foreign nationals who support our work abroad can expect some measure of protection." Al Qaeda and other terrorists have threatened to kill the Iraqis who aided the United States, denouncing them as traitors and collaborators. The members of Congress called for swifter processing of the 15,000 visas authorized under the Special Immigrant Visa Program, which has approved visas for only 2,145 Iraqis. They complained that U.S. consular officers are misinterpreting the program by considering only Iraqis who worked directly for the U.S. Embassy or for U.S. contractors and subcontractors and denying visas to Iraqis who worked for U.S.-funded nongovernmental organizations. Besides Mr. Cardin and Mr. Hastings, the signatories of the letter included Sen. Richard J. Durbin, Illinois Democrat and assistant majority leader; Sen. Richard G. Lugar, Indiana Republican and the ranking member of the Senate Foreign Relations Committee; and Rep. Howard L. Berman, California Democrat and chairman of the House Foreign Affairs Committee. AFRICAN STAR The story of Africa is too often written in blood by tyrants who oppress their people while enriching themselves. However, one nation in southern Africa has been the exception for decades. Botswana is a peaceful, democratic nation, prosperous by African standards. One of Botswana's best leaders is coming to Washington to serve as a public policy scholar at the Woodrow Wilson International Center for Scholars. Festus Mogae, president from 1998 to 2008, will study the way governments deal with AIDS, the deadly virus that ravaged the continent. "I look forward to interacting with knowledgeable people informed on issues in HIV/AIDS in Africa in the Wilson Center and around Washington," Mr. Mogae said last week after the Wilson Center announced his appointment. Mr. Mogae has been widely recognized for his efforts to combat AIDS and promote democracy. "We are delighted to welcome one of the world's most progressive leaders on the HIV/AIDS pandemic," said Steve McDonald, director of the Wilson Center's Africa program.

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