Title

Democratic Change and Challenges in Moldova

Thursday, January 21, 2010
485 Russell Senate Office Building
Washington, DC 20515
United States
Official Transcript: 
Members: 
Name: 
Hon. Ben Cardin
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Name: 
Hon. Alcee Hastings
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
H.E. Vlad Filat
Title: 
Prime Minister
Body: 
Republic of Moldova

2009 was a year of tremendous political change in Moldova as nearly a decade of Communist rule came to an end.  Following two elections and massive street protests, Moldova’s ruling coalition, the Alliance for European Integration, still lacks the 61 votes needed in parliament to elect a new president.  As the poorest country in Europe in the midst of a global economic downturn, a prolonged impasse poses serious challenges to reform and recovery in Moldova.

Relevant countries: 
  • Related content
  • Related content
Filter Topics Open Close
  • OSCE Human Dimension Implementation Meeting 2015

    “The Human Dimension” is OSCE-speak for human rights, democracy, and humanitarian concerns.  When the Helsinki Final Act (HFA) was signed in Helsinki, Finland in 1975, it enshrined among its ten Principles Guiding Relations between participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the HFA included a section on cooperation regarding humanitarian issues that provided an umbrella for addressing (among other things) family reunification and working conditions for journalists. "The Human Dimension" was a term coined during the drafting of the 1989 Vienna Concluding Document to serve as shorthand to describe the human rights and humanitarian provisions of the agreements concluded within the framework of the Helsinki process. Today, it has come to include the OSCE’s watershed commitments on democracy, the rule of law, and free and fair elections. In any given year, the OSCE participating States address human dimension issues in multiple fora.  The Human Dimension Implementation Meeting – HDIM – attracts the largest number of participants, covers the greatest range of issues, and is open to participation by civil society. That work includes formal sessions on the full range of human rights  issues as well as rule of law, free elections, and democracy-building issues. National minorities, Roma, and tolerance and nondiscrimination are also on the agenda.  U.S. Delegation Led by David Kramer The 2015 HDIM was held September 21 to October 2 and drew 1,386 participants.  The U.S. delegation was led by David J. Kramer, Senior Director for Human Rights and Human Freedoms at the McCain Institute and former Assistant Secretary of State for Democracy, Human Rights, and Labor.  It also included U.S. Ambassador to the OSCE Daniel Baer; Deputy Assistant Secretary of State for Democracy, Human Rights and Labor Robert Berschinksi; Department of State Special Advisor for International Rights Judith Heumann; and Helsinki Commission Senior Senate Staff Representative Ambassador David T. Killion.  Helsinki Commission staff participated in all aspects of the delegation’s work. In addition to active engagement in the formal sessions, the United States participated in side events focused on specific countries or issues organized by civil society, OSCE participating States, or international organizations, and held numerous bilateral meetings with other delegations to raise and discuss human rights.  Special Advisor Heumann led a panel highlighting the importance of disability rights for OSCE countries as part of a U.S. side event cosponsored with Finland. Russia: External Aggression and Internal Repression During the HDIM, Russia’s aggression in and against Ukraine was raised in connection with almost every agenda item for the meeting.  The OSCE Office for Democratic Institutions and Human Rights (ODIHR) also issued a joint report prepared with the OSCE High Commissioner on National Minorities detailing widespread human rights violations in Russian-occupied Crimea.  Increasing levels of repression within Russia also were raised throughout the HDIM and served to highlight the relationship between external aggression and internal repression. In early 2015, Boris Nemtsov, an advocate for the rule of law and accountability in Russia and an outspoken Russian critic of the Russian government’s war against Ukraine, was gunned down just outside the Kremlin.  Russia’s increasingly repressive government has eroded the democratic institutions that ensure a government’s accountability to its people. A free and independent media is virtually nonexistent and the remaining state-controlled media is used to propagandize disinformation, fear, bigotry, and aggression. Azerbaijan’s Record Draws Sharp Criticism In 2015 Azerbaijan unilaterally shuttered the OSCE Mission in Baku, effectively blocked the OSCE’s independent election observation in October, and sentenced journalist-heroine Khadija Ismayilova to 7 ½ years in prison for reporting on government corruption.  The government of Azerbaijan has also escalated pressure against the family members of its critics, in a further effort to stifle dissent.  As a consequence, throughout the HDIM, Azerbaijan was the subject of singular attention and criticism. In one particularly sharp exchange with the moderator during the discussion of fundamental freedoms in the digital age, Azerbaijan challenged its critics to name at least 25 of an estimated 100 political prisoners.  A partial list – 25 names – is below. Abilov, Abdul Aliyev, Intigam Aliyev, Nijat Akhundov, Rashadat Guliyev, Araz Hasanov, Nasimi Hashimli, Parviz Hazi, Seymur Ismayilova, Khadija Jabrayilova, Valida Jafarov, Rasul Karimov, Fara Mammadli, Anar Mammadov, Hilal Mammadov, Igar Mammadov, Omar Mirkadirov, Rauf Ramazanov, Rashad Rustamov, Aliabbas Rustamzada, Ilkin Seyidov, Elnur Yagublu, Tofig Yunusov, Arif** Yunus, Leyla** Zakharchenko, Irina **Leyla and Arif Yunus have been released from prison since the HDIM but remain under house arrest.

  • What is the OSCE Doing in Ukraine?

    In Ukraine, the OSCE monitors the cease-fire, weapons withdrawal, and overall security situation in eastern Ukraine. In addition, the OSCE has observed local elections and reports on widespread human rights violations in Russian-occupied Crimea. Special Monitoring Mission (SMM) Mandate adopted by consensus on March 21, 2014 and extended until March 31, 2016 634 international monitors as of November 18, 2015 Posts daily updates at OSCE.org Has encountered episodes of hostage-taking and been fired upon OSCE Observer Mission at the Russian Checkpoints Gukovo and Donetsk Mandate adopted by consensus on July 24, 2014 Gathers information and reports on the security situation at the two checkpoints Minsk Agreement Adopted September 5, 2014, by Russia, Ukraine, and Russian-backed separatists under OSCE auspices OSCE tasked with monitoring its implementation, including the cease-fire and weapons withdrawal Minsk II Adopted February 11, 2015 Continues work of Minsk agreement OSCE Election Observation Observed local elections in 2015 Joint report by ODIHR & HCNM on Russian-occupied Crimea ODIHR and HCNM report released September 17, 2015, identifies widespread human rights violations

  • Helsinki Commission Briefing to Examine Serious Decline in Respect for Human Rights in Azerbaijan

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “The Rule of Law and Civil Society in Azerbaijan” Thursday, November 5 2:00PM Cannon House Office Building Room 311 The last two years have witnessed a precipitous decline in the respect for rule of law and human rights in Azerbaijan. Many independent civil society organizations have been forced to close due to onerous regulations, threats of intimidation, or the arrest of the organization’s leaders. Independent media has been severely curtailed or closed down. Opposition parties are harassed and often shut out of the election process. High-profile politicians are serving lengthy prison sentences on charges that many observers believe were politically motivated. This briefing will have a particular focus on the rule of law and how the government of Azerbaijan is using its judicial system to intimidate and imprison critics of the government. The briefing will also analyze the results of the November 1 parliamentary election and its implications for Azerbaijan’s future direction. The following panelists are scheduled to participate: Ambassador Richard Morningstar, US Ambassador to the Republic of Azerbaijan from July 2012 to August 2014 and Founding Director of the Global Energy Center, Atlantic Council Natalia Bourjaily, Vice President – Eurasia, International Center for Not-for-Profit Law Dinara Yunus, Daughter of imprisoned Azerbaijani human rights defenders Leyla and Arif Yunus

  • The Russian Government Violates Its Security, Economic, Human Rights Commitments and Agreements

    Mr. Speaker, yesterday I chaired a hearing of the Helsinki Commission that examined the Russian government’s repeated violations of its international security, economic, and human rights commitments.  In accord with the three dimensions of security promoted by the OSCE and the Helsinki Final Act of 1975, the Commission looked at Russia’s respect for the rule of law through the lens of three ‘‘case studies’’ current to U.S.-Russian relations—arms control agreements; the Yukos litigation; and instances of abduction, unjust imprisonment, and abuse of prisoners.  Forty years after the signing of the Helsinki Final Act, we face a set of challenges with Russia, a founding member of the organization, that mirror the concerns that gave rise to the Helsinki Final Act.  At stake is the hard-won trust between members—now eroded to the point that armed conflict rages in the OSCE region. The question is open whether the principles continue to bind the Russian government with other states in a common understanding of what the rule of law entails.  In respect of military security, under the 1994 Budapest Memorandum Russia reaffirmed its commitment to respect Ukraine’s independence, sovereignty, and existing borders. Russia also committed to refrain from the threat or use of force or economic coercion against Ukraine. There was a quid pro quo here: Russia did this in return for transferring Soviet-made nuclear weapons on Ukrainian soil to Russia.  Russia’s annexation of Crimea and subsequent intervention in the Donbas region not only clearly violate this commitment, but also every guiding principle of the 1975 Helsinki Final Act. It appears these are not isolated instances. In recent years, Russia appears to have violated, undermined, disregarded, or even disavowed fundamental and binding arms control commitments such as the Vienna Document and binding international agreements, including the Conventional Forces in Europe (CFE), Intermediate Nuclear Forces (INF), and Open Skies treaties.  In respect of commercial issues, the ongoing claims regarding the Russian government’s expropriation of the Yukos Oil Company are major tests facing the Russian government. In July 2014, GML Limited and other shareholders were part of a $52 billion arbitration claim awarded by the Hague Permanent Court of Arbitration and the European Court of Human Rights (ECHR).  In response, the Russian government is threatening to withdraw from the ECHR and seize U.S. assets should American courts freeze Russian holdings on behalf of European claimants, while filing technical challenges that will occupy the courts for years to come. All of this fundamentally calls into question Russia’s OSCE commitment to develop free, competitive markets that respect international dispute arbitration mechanisms such as that of the Hague.  I note that U.S. Yukos shareholders are not covered by the Hague ruling for their estimated $6 billion in losses. This is due to the fact that the United States has not ratified the Energy Charter Treaty, under which European claimants won their case, as well as the continued absence of a bilateral investment treaty with Russia. This has handicapped U.S. investors in Russia’s energy sector, leaving them solely dependent of a State Department espousal process with the Russian government.  We were all relieved to learn that Mr. Kara-Murza is recovering from the attempt on his life—by poisoning—in Russia earlier this year. His tireless work on behalf of democracy in Russia, and his personal integrity and his love of his native country is an inspiration—it is true patriotism, a virtue sadly lacking among nationalistic demagogues.  Sadly, the attempt on Mr. Kara-Murza’s life is not an isolated instance. Others have been murdered—most recently Boris Nemtsov—and both his and Mr. Kara-Murza’s cases remain unsolved.  In other cases, such as the abductions, unjust imprisonments, and abuses of Nadiya Savchenko, Oleg Sentsov, and Eston Kohver, we are dealing the plain and public actions of the Russian government. Nadiya Savchenko, a Ukrainian pilot and elected parliamentarian, was abducted by Russian government agents, imprisoned, subjected to a humiliating show trial, and now faces 25 years in prison for allegedly murdering Russian reporters—who in fact were killed after she was in Russian custody.  Meanwhile, a Russian court has sentenced Ukrainian film director Oleg Sentsov on charges of terrorism. Tortured during detention, Sentsov’s only transgressions appear to be his refusal to recognize Russia’s annexation of the peninsula and his effort to help deliver food to Ukrainian soldiers trapped on their Crimean bases by invading Russian soldiers. And the kidnaping and subsequent espionage trial against Estonian law enforcement officer Eston Kohver demonstrates the Russia’s readiness to abuse its laws and judicial system to limit individual freedoms both within and beyond its borders.  The Magnitsky Act that I had the honor to co-sponsor was in part meant to address human rights abuses such as these. It sanctions those involved in the abuse, and works to discourage further human rights violations while protecting those brave enough to call attention to their occurrence. It troubles me greatly to hear that the Administration’s listings of sanctioned individuals has thus far only targeted ‘minor players,’ rather than those who pull the strings.  

  • Helsinki Commission Chair Chris Smith Shines Light on Egregious Rule-of-Law Abuses by Russian Government

    WASHINGTON—At a Congressional hearing today, the U.S. Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, spotlighted the many recent violations of the rule of law committed by the Russian government. “Forty years after the signing of the Helsinki Final Act, we face a set of challenges with Russia, a founding member of the organization, that mirror the concerns that gave rise to the Helsinki Final Act,” said Helsinki Commission Chairman Rep. Chris Smith (NJ-04), who called the hearing. “At stake is the hard-won trust between members, now eroded to the point that armed conflict rages in the OSCE region. The question is open whether the principles continue to bind the Russian government with other states in a common understanding of what the rule of law entails.” “Russia’s annexation of Crimea and subsequent intervention in the Donbas region not only clearly violate this commitment, but also every guiding principle of the 1975 Helsinki Final Act.  It appears these are not isolated instances.  In recent years, Russia appears to have violated, undermined, disregarded, or even disavowed fundamental and binding arms control commitments,” Smith continued. “[I also] question Russia’s OSCE commitment to develop free, competitive markets that respect international dispute arbitration mechanisms...[and recent government actions] demonstrate Russia’s readiness to abuse its laws and judicial system to limit individual freedoms both within and beyond its borders.” Witness testimony highlighted case studies corresponding to each of the three dimensions of comprehensive security established by the Organization for Security and Cooperation in Europe (OSCE): politico-military security; economic and environmental security; and human rights and fundamental freedoms. Tim Osborne, executive director of GML Ltd., the majority owner of the now-liquidated Yukos Oil Company, said, “It is clear that the Russian Federation is not honoring its obligations and commitments under the rule of law or in a manner consistent with the Helsinki process.  Russia’s tendency, more often than not, has been to ignore, delay, obstruct or retaliate when faced with its international law responsibilities…Russia cannot be trusted in international matters and that even when it has signed up to international obligations, it will ignore them if that is what it thinks serves it best.” “Russia had engaged in the uncompensated expropriation of billions of dollars of U.S. investments in Yukos Oil Company,” observed former U.S. Under Secretary of State for Economic, Business and Agricultural Affairs Ambassador Alan Larson. “American investors—who owned about 12 percent of Yukos at the time of the expropriation—have claims worth over $14 billion, and they are entitled to compensation under international law even though they have no option for bringing claims directly against the Russian Federation.” Vladimir Kara-Murza, a well-known Russian activist and the coordinator of the Open Russia Movement, said, “Today, the Kremlin fully controls the national airwaves, which it has turned into transmitters for its propaganda…the last Russian election recognized by the OSCE as conforming to basic democratic standards was held more than 15 years ago.” “There are currently 50 political prisoners in the Russian Federation,” Kara-Murza continued. “These prisoners include opposition activists jailed under the infamous ‘Bolotnaya case’ for protesting against Mr. Putin’s inauguration in May 2012; the brother of anti-corruption campaigner Alexei Navalny; and Alexei Pichugin, the remaining hostage of the Yukos case.” “A clear pattern emerges when one looks at Russia’s implementation of its arms control obligations overall,” observed Stephen Rademaker, former Assistant Secretary of State for Arms Control and International Security and Nonproliferation. “Should Moscow conclude such agreements have ceased to serve its interest, it will ignore them, effectively terminate them, violate them while continuing to pay them lip service, or selectively implement them…Russia believes that this is how great powers are entitled to act, and today Moscow insists on acting and being respected as a great power.” Chairman Smith was joined at the hearing by a panel of lawmakers including Commission Co-Chairman Senator Roger Wicker (MS) and Representative Robert Aderholt (AL-04).

  • Russian Rule-of-Law Abuses to Be Examined at Upcoming Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “Russian Violations of the Rule of Law: How Should the U.S. Respond? 3 Case Studies” Wednesday, October 21 2:00 PM Rayburn House Office Building Room 2255 Live Webcast: http://bit.ly/1VRaf3G The actions of the Russian government have raised questions about Russia’s failure to respect its commitment to the rule of law in the areas of military security, commerce, and laws bearing on human rights – each corresponding to one of the three dimensions of security established by the Organization for Security and Cooperation in Europe (OSCE).   Using the Helsinki Final Act as a basis for discussion, the hearing will focus on security violations of the Budapest Memorandum; the Conventional Armed Forces in Europe (CFE), Open Skies, Intermediate Range Nuclear Forces (INF) treaties, and the Vienna Document.  Regarding international legal and commercial agreements such as the Energy Charter Treaty, the New York Convention and bilateral investment treaties the hearing will review developments in the Yukos Oil case.  On human rights, it will inquire into cases of abduction/unjust imprisonment, torture, and abuse, including those of Nadiya Savchenko, Oleg Sentsov, and Eston Kover.   The following witnesses are scheduled to testify: Vladimir Kara-Murza, Coordinator, Open Russia Movement Alan Larson, Senior International Policy Advisor with Covington & Burlington LLP, former Under Secretary of State for Economics and Career Ambassador, U.S. State Department      Tim Osborne, Executive Director of GML Ltd. - the majority owner of the now liquidated Yukos Oil Company Stephen Rademaker, Principal with the Podesta Group, Former Assistant Secretary of State for the U.S. State Department Bureau of Arms Control and the Bureau of International Security and Nonproliferation

  • Bipartisan Congressional Delegation Represents US at OSCE Parliamentary Assembly; Also Visits Ukraine, Czech Republic

    Forty years after the signing of the Helsinki Final Act established the precursor to today’s Organization for Security and Cooperation in Europe (OSCE), five members of the Helsinki Commission and four other members of Congress traveled to the OSCE Parliamentary Assembly Annual Session in Helsinki to demonstrate the U.S. commitment to confronting Russian aggression in Ukraine and elsewhere. Led by Commission Co-Chairman Senator Roger F. Wicker (MS), the bicameral, bipartisan delegation organized by the Helsinki Commission included Commission Chairman Representative Chris Smith (NJ- 04); House Commissioners Robert B. Aderholt (AL-04), Steve Cohen (TN-09) and Alan Grayson (FL-09); and Representatives Gwen Moore (WI-04), Michael Fitzpatrick (PA-08), Richard Hudson (NC-08) and Ruben Gallego (AZ-07). Before attending the Annual Session from July 5 to 7, several members of the delegation also visited Ukraine and the Czech Republic. A central concern to the delegation throughout the trip was Russia’s restrictions on democracy at home and aggression in Ukraine, along with Russia’s threat to European security.

  • Chairman Smith Urges OSCE Leaders: Respond to Humanitarian Needs in Eastern Ukraine

    WASHINGTON—A renewed effort is underway in the Organization for Cooperation for Security and Cooperation in Europe (OSCE) to urge it to respond to humanitarian needs in eastern Ukraine, and to follow through on OSCE commitments to fight human trafficking and anti-Semitism. Rep. Chris Smith (NJ-04) led the U.S. Delegation to the annual Winter Meeting of the OSCE Parliamentary Assembly (OSCE PA) last week in Vienna, where he spearheaded this push. Smith expressed particular concern about the potential for human trafficking of vulnerable groups stemming from the current conflict in Ukraine. In a question to Ivica Dačić, the OSCE’s Chairman-in-Office for 2015 and the Foreign Minister of Serbia, Smith drew attention to the needs of internally displaced persons and the potential for human trafficking in eastern Ukraine. He noted that, among the nearly one million internally displaced persons, woman and children are particularly vulnerable to trafficking, and raised concerns that criminal gangs are taking advantage of the conflict:   “Is the OSCE equipping the special monitoring mission and other OSCE entities working in the Ukraine conflict zone, or with IDPs, to recognize and protect human trafficking victims, and is the OSCE taking trafficking prevention measures for this particular vulnerable population?” At a private meeting during the event, Chairman Smith met with Chairman-in-Office Dačić  to discuss the humanitarian, human rights, and security concerns arising from the Russian-backed conflict in eastern Ukraine. Smith encouraged Serbia to vigorously uphold the commitments made at the at the 10th  anniversary of the OSCE's Berlin Conference on anti-Semitism, and to review and reform the OSCE’s contracting regulations to ensure that OSCE activities do not contribute to trafficking in persons. He also urged Chairman-in-Office Dačić to promote an appropriate commemoration by the OSCE of the 20th anniversary of the Srebrenica genocide. Chairman Smith also met the Director of the OSCE’s Office of Democratic Institutions and Human Rights, Michael Georg Link. In addition to human trafficking and anti-Semitism, the two discussed OSCE election observation missions, as well as the organization’s current efforts to protect freedom of religion. In a meeting with Ambassador Madina Jarbussynova, the OSCE Special Representative and Coordinator for Combating Trafficking in Human Beings, Chairman Smith spoke about the most effective ways to fight human trafficking and assist with the rehabilitation of trafficking victims – including by working with faith-based organizations, as well as by encouraging participating States to adopt legislation preventing child sex tourism, such as Chairman Smith’s legislation currently pending in the U.S. Senate. Chairman Smith has pioneered OSCE engagement in fighting human trafficking and anti-Semitism. Since 2004, he has served as the OSCE PA’s Special Representative on Human Trafficking Issues – click here to read his most recent report. Starting in 2002, Smith led the movement to put anti-Semitism on the agenda of the OSCE, and he continues to work closely with Rabbi Andy Baker, the OSCE’s Representative on Combating Anti-Semitism, to ensure a more vigorous implementation of OSCE commitments in the area. In 2005 Smith authored H. Res. 199, a landmark congressional resolution recognizing the atrocity at Srebrenica in which an estimated 8,000 civilian men and boys were murdered by Serb forces as a genocide.

  • Chairman Smith and Rep. McGovern Introduce “Global Magnitsky Human Rights Accountability Act”

    WASHINGTON—Rep. Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, and Rep. Jim McGovern (MA-02), today introduced the “Global Magnitsky Human Rights Accountability Act” (H.R. 624). The bill prohibits foreign human rights offenders and corrupt officials operating anywhere in the world from entering into the United States and blocks their U.S. assets. It effectively globalizes and strengthens the “Sergei Magnitsky Rule of Law Accountability Act of 2012,” which was directed at individuals and entities from Russia. “The ‘Global Magnitsky Human Rights Accountability Act’ is a game-changer, and demonstrates America’s commitment to protecting human rights worldwide,” said Chairman Smith. “We are sending a message to the world’s worst human rights violators:  we will shine a spotlight on your crimes. We will deny your visas. We will freeze your assets. No matter who you are or how much money you have, you won’t be enjoying the fruits of your misdeeds by visiting the United States or taking advantage of our financial institutions.” “We have made important progress in the last few years,” Rep. McGovern said.  “But since the introduction of the original Magnitsky Act, human rights defenders and anti-corruption activists worldwide have urged us to pass a law that covers similar violations in countries other than Russia.  Through the Global Magnitsky Act, we can better standardize our approach to human rights violators and provide clear guidance to the executive branch on how we expect these perpetrators to be held accountable.” “Conscripting child soldiers, kidnapping political opponents, and brutalizing people based on their religion are horrifying acts for which people must be held accountable – and this bill will do it,” said Chairman Smith. “The earlier Magnitsky Act enjoyed overwhelmingly bipartisan support in both the House and the Senate. I expect the Global Magnitsky Act to move forward with the same level of commitment in both chambers, and on both sides of the aisle.” Earlier this week, Senators Ben Cardin (MD) and John McCain (AZ) introduced similar legislation in the Senate, which also applies worldwide and employs visa bans and property freezes. Unique aspects of the House bill include the requirement that the President impose sanctions if he or she determines that a foreign person has committed gross human rights offenses. The bill also permits the President to sanction perpetrators regardless of whether the victims were exercising or defending basic human rights; requires that the annual Global Magnitsky List be released each year on Human Rights Day; and directs the Comptroller General to assess and report on implementation. Both the “Global Magnitsky Human Rights Accountability Act” and the earlier “Sergei Magnitsky Rule of Law Accountability Act of 2012” were inspired by Russian lawyer Sergei Magnitsky, who was arrested and imprisoned by the Russian government following his investigation into fraud involving Russian officials. He was beaten to death by prison guards in 2009 after being held in torturous conditions for 11 months without trial. Summary: The “Global Magnitsky Human Rights Accountability Act” This act requires the President to publish and update a list of foreign persons or entities that the President determines are responsible, and who the President has sanctioned, for gross violations of internationally recognized human rights – including extrajudicial killings, torture, enforced disappearances, and prolonged, arbitrary detention – or significant corruption. Known as the Global Magnitsky List, the list will be due annually on December 10 (Human Rights Day). Although the bill directs the President to prioritize cases where the victims were seeking to exercise or defend internationally recognized human and rights and freedoms, like freedom of religious, assembly, and expression, or expose illegal government activity, the President can act regardless of the victim. Sanctions on these individuals and entities will include: Prohibiting or revoking U.S. visas or other entry documentation for foreign individuals. Freezing and prohibiting U.S. property transactions of a foreign individual or entity if such property and property interests are in the United States; come within the United States; or are in, or come within, the control of a U.S. person or entity. This act also requires the Comptroller General of the United States to assess the implementation of the law and report to Congress, so that Congress can ensure it is being executed fully.

  • Bipartisan U.S. Delegation Defends Ukraine, Raises Concerns about Russia at OSCE Parliamentary Session

    From June 27 to July 3, 2014, a bicameral, bipartisan delegation of eight Members of Congress represented the United States at the annual session of the OSCE’s 57-nation Parliamentary Assembly in Baku, Azerbaijan. The delegation, which was organized by the U.S. Helsinki Commission, also made side visits to Georgia and Moldova. The congressional delegation was led by the Commission Chairman, Senator Ben Cardin (MD), while the Co-Chairman, Representative Chris Smith (NJ-04) was head of delegation at the Assembly session. The Commission’s Ranking Senator, Roger Wicker (MS) and House Commissioners Robert Aderholt (AL-04) and Phil Gingrey (GA-11) also participated, along with Senator Tom Harkin (IA) and Representatives David Schweikert (AZ-06) and Adam Schiff (CA-28). A central concern at the Assembly meeting, as well as during bilateral interaction with the authorities and people of Azerbaijan, Georgia, and Moldova, was Russian Federation’s annexation of Crimea and its incursions into eastern Ukraine. The congressional delegation was highly critical of Moscow’s attempt to reassert its domination over the affairs of its neighbors more than two decades after the Soviet Union’s collapse, and it reassured friends and allies of the deep and continuing commitment of the United States to security and cooperation in Europe and throughout the OSCE region.

  • Ukraine's Pivotal Parliamentary Poll

    Hon. Michael Burgess, a member of Congress from the state of Texas, presided the briefing on Ukrainian parliamentary elections, an important moment for the future of the State. Ukraine faced significant internal challenges, such as overcoming the institutional corruption which had so debilited the country, reforming the system of governance, getting the economy back on track and tracking the dire humanitarian situation resulting from the war and other challenges. Hon Burgess was joined by four distinguished panelists, all seasoned experts with long years of exeperience working with Ukraine: Olha Aivazovska, Katie Fox, Stephen Nix, and Gavin Weise.

  • Helsinki Commission to Hold Public Briefing on Ukrainian Elections

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced the following public briefing: “Ukraine’s Pivotal Parliamentary Poll” Friday, November 14, 2014 2:00PM – 3:30PM Dirksen Senate Office Building Room 608 On October 26, Ukraine held early parliamentary elections that international observers—including the Organization for Security and Cooperation in Europe—assessed as largely positive, with the exception of the disenfranchisement of voters in Russian-occupied Crimea and southeastern Ukraine. The elections, which swept into power Ukraine’s most pro-Western parliament in history, represented a critical milestone in the country’s democratic evolution.   Experts from three major organizations with decades of on-the-ground experience in Ukraine will examine the conduct and results of the elections, as well as the potential for the newly elected parliament to confront the coming challenge of forging a democratic, secure, independent future for their strategically important country. The following panelists are scheduled to participate: Olha Aivazovska, Board Chair, Ukrainian citizen network OPORA Katie Fox, Deputy Director, Eurasia, National Democratic Institute Stephen Nix, Director of Eurasia, International Republican Institute Gavin Weise, Deputy Director, Europe and Eurasia, International Foundation for Electoral Systems

  • U.S. Helsinki Commission Congratulates Ukraine on Successful Parliamentary Election

    WASHINGTON—Following the successful parliamentary election in Ukraine on October 26, Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, and Rep. Chris Smith (NJ-04), Co-Chairman of the Commission, issued the following statement: “We congratulate the people of Ukraine on yesterday’s parliamentary election. According to election observers, including those from the Organization for Security and Cooperation in Europe, the election was held in accordance with international norms and upheld Ukraine’s democratic commitments to its citizens.   Unfortunately, voters in many parts of Donetsk and Luhansk were prevented from exercising their democratic rights through the interference of illegal armed groups. In addition, no voting took place on the Crimean peninsula due to its illegal annexation by the Russian Federation earlier this year. Although this casts no doubt on the validity of the overall election, we are reminded that citizens in Ukraine still face serious challenges – both internal and external – as they work to build a stable, independent, and prosperous democracy.   The U.S. will continue to stand with the Ukrainian people and the new Ukrainian government as they forge ahead with their courageous and determined efforts to foster democracy, human rights, and the rule of law in Ukraine.”

  • Helsinki Commission on Opening of Europe’s Largest Human Rights Meeting

    WASHINGTON—U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) and Representative Chris Smith (NJ-04), Co-Chairman of the Commission, released the following statement ahead of the Organization for Security and Cooperation in Europe (OSCE) annual high-level meeting on human rights. From September 22-October 3, civil society and government representatives of OSCE participating States will gather in Warsaw, Poland, for the annual Human Dimension Implementation Meeting to discuss compliance with the full range of OSCE human dimension commitments, with special focus on migrant rights, minority issues, and combating violence against women and children. “The Human Dimension Implementation Meeting takes place while Russian aggression in Ukraine continues to threaten basic OSCE principles. I expect this will be a major focus of the meeting, as well as Russian actions at home that are cynically rolling back the ability of civil society to comment on or contribute to how that country functions," said Chairman Cardin. "I am pleased that Professor Brian Atwood will head the U.S. Delegation at this critical time. The promises OSCE states made to one another almost 25 years ago, that respect for human rights within any country is a matter of concern for all states, has guided us and must continue to do so. I also welcome the leadership of the U.S. Ambassador to the OSCE, Daniel Baer, who will be taking a high-level study group to the Auschwitz-Birkenau death camp." Co-Chairman Smith said, “The Russian government’s gross human rights violations in Ukraine must be a central topic of discussion at the Human Dimension meeting. HDIM is an indispensable tool for holding states accountable to OSCE commitments and most effective when both government and civil society representatives have equal opportunity to debate each state’s human rights record.  One issue that states and civil society must discuss this year in Warsaw, and at the OSCE “Berlin Plus 10” anti-Semitism conference in November, is the alarming rise of anti-Semitic incidents in the OSCE region.  The OSCE must also continue to combat trafficking in human beings, including through fulfilling commitments taken last year to train transportation workers to identify possible victims and to improve law enforcement information sharing internationally on potential sex tourists. Commitments are made to be kept.”

  • Co-Chairman Smith and Rep. Keating Introduce Resolution Supporting Progress and Reform in Bosnia

    WASHINGTON— U.S. Representative Chris Smith (NJ-04) introduced House Resolution 746 expressing support for the people of Bosnia as they prepare for elections on October 12, and for reforms that will enhance the country’s prospects for Euro-Atlantic integration.  “Nineteen years after the Srebrenica genocide and the Dayton Peace Accords, ethnic divisions have hardened as a generation has grown up under a system that classifies people into one of three ethnic communities, and diminishes the rights of anyone that doesn’t belong to one of those communities,” observed Rep. Smith, Co-Chairman of the U.S. Helsinki Commission and Chairman of the Human Rights subcommittee of the House Foreign Affairs Committee.  “As the people of Bosnia prepare to go to the polls, they should know the United States Congress supports their aspirations to have effective government institutions that serve them rather than perpetuate political stalemate, so that their country can advance toward Europe with its neighbors rather than fall further behind.” Rep. Bill Keating (MA-09) joined Co-Chairman Smith as the lead Democratic co-sponsor of the measure. “More Western Balkan states have been moving forward with their European Union and NATO aspirations while mitigating interethnic conflicts through the use of dialogue and negotiation, instead of brutality and division. In this way, the upcoming elections in Bosnia and Herzegovina present an opportunity for Bosnians to make their voices heard and demonstrate their willingness to pursue a peaceful and productive future,” said Rep. Keating, Ranking Member of the House Subcommittee on Europe, Eurasia, and Emerging Threats. “This resolution should serve as a strong indication that Members of Congress remain committed to Bosnia and Herzegovina’s path forward and will continue to urge the political leadership of that country to refrain from the divisive rhetoric and policies of the past in order to allow for all Bosnians to progress along with their Balkan peers.” House Resolution 746 expresses support for the people of Bosnia and Herzegovina as they seek to hold government officials accountable, prepare for elections at the state, entity and cantonal level, and consider constitutional or other reforms to enhance the country’s prospects for European and Euro-Atlantic integration. The Dayton Peace Accords, brokered by the international community with U.S. leadership in late 1995, ended a more than 3-year conflict in Bosnia and Herzegovina. The Accords we followed by a decade of gradual recovery, but attempts to move beyond the compromises that were needed to end the conflict but now impede progress has led to increasingly ineffective and corrupt government, divisive political rhetoric and growing public frustration.  The resolution also expresses the hope of Congress that the mid-October elections and commemoration of the Dayton Accords on their 20th anniversary next year will jointly serve as a catalyst for reform needed for Bosnia to move closer to eligibility for NATO and European Union membership. Rep. Smith, who is Co-Chair of the Congressional Caucus on Bosnia, also spoke to the situation in Bosnia in remarks delivered on the floor of the House. As Chairman of the Helsinki Commission in the 1990s during the Balkan conflicts, Rep. Smith chaired over 21 hearings on countries of the former Yugoslavia. In 2005, he authored H. Res. 199, which initiated a series of clear acknowledgements by other parliaments and international bodies that the atrocities which occurred at Srebrenica in 1995 constituted genocide.

  • Commission to Hold Hearing with OSCE Human Rights Appointees

    WASHINGTON—Today the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) announced the following hearing: Anti-Semitism, Racism and Discrimination in the OSCE Region Tuesday, July 22, 2014 10:00 a.m. Dirksen Senate Office Building Room 562 Following an escalation of anti-Semitic hate crimes a decade ago, the Organization for Security and Cooperation in Europe (OSCE) intensified efforts to combat prejudice and discrimination throughout Eurasia and North America. Since 2004, three Personal Representatives have been appointed annually by the OSCE Chair-in-Office (currently Switzerland) to address anti-Semitism; racism, xenophobia, and discrimination including against Christians and members of other religions; and intolerance and discrimination against Muslims. In an official joint visit to the United States, the Personal Representatives will address progress and ongoing challenges in the OSCE region a decade after the creation of their positions. The following witnesses are scheduled to testify: Rabbi Andrew Baker, Personal Representative on Combating Anti-Semitism Professor Talip Küçukcan, Personal Representative on Combating Intolerance and Discrimination against Muslims Alexey Avtonomov, Personal Representative on Combating Racism, Xenophobia and Discrimination, also focusing on Intolerance and Discrimination against Christians and Members of Other Religions

  • Chairman Cardin Floor Statement on 2014 OSCE PA Annual Session

    On July 9, 2014, Senator Ben Cardin, Chairman of the U.S. Helsinki Commission, and Senator Roger Wicker, Ranking Member of the Commission, held a colloquy on the Senate floor with Senator Tom Harkin to discuss the outcome of the U.S. delegation’s participation at the Organization for Security and Cooperation in Europe’s Parliamentary Assembly (OSCE PA) annual session from June 28-July 2 that successfully advanced priority security and human rights initiatives. Key among the U.S. initiatives was a resolution introduced by Chairman Ben Cardin condemning Russia’s violation of international commitments by annexing Crimea and directly supporting separatist conflict in Ukraine. To watch the colloquy, click here.

  • Cardin, Smith Advance Security and Human Rights during Annual Meeting of European Parliamentarians

    WASHINGTON - A bipartisan 8-member Congressional delegation led by Senator Ben Cardin (D-MD), Chairman of the Commission on Security in Europe (U.S. Helsinki Commission), visited Georgia, Azerbaijan and Moldova. In Baku, Azerbaijan, Representative Chris Smith (NJ-04), Co-Chairman of the Commission, headed the U.S. delegation to the Organization for Security and Cooperation in Europe’s Parliamentary Assembly (OSCE PA) from June 28-July 2 that successfully advanced priority security and human rights initiatives. Key among the U.S. initiatives was a resolution introduced by Chairman Ben Cardin condemning Russia’s violation of international commitments by annexing Crimea and directly supporting separatist conflict in Ukraine. Upon passage of the resolution by a 3 to 1 margin, Cardin stated: “Russia is a member of this organization, but is violating its core principles. We must speak up in the strongest possible way and hold Russia accountable for its destabilizing actions and that is what we did here.” Co-Chairman Smith received overwhelming support for his resolution on efforts to combat child sex trafficking. As the Assembly’s Special Representative on Human Trafficking, Smith’s initiative pressed for the formation of a notification system among countries regarding the travel of persons convicted of sex crimes against children, as well as increased cooperation between law enforcement agencies and with the travel industry to prevent child sex tourism. “This resolution provides a tool to mitigate the horrific abuse of children by sexual tourism,” said Smith. “These predators thrive on secrecy, and so the goal is advance notification of sex offender travel so that children can be protected.” In addition to Chairman Cardin and Co-Chairman Smith, the delegation included Commission Ranking Member Senator Roger Wicker (R-MS), Senator Tom Harkin (D-IA), Commissioner Representative Robert Aderholt(R-AL), Commissioner Representative Phil Gingrey (R-GA), Representative David Schweikert (R-AZ) and Representative Adam Schiff (D-CA). The U.S. delegation fielded two of the 18 resolutions considered at the annual session, as well as a total of 19 amendments to several of these resolutions. In an initiative related to Chairman Cardin’s Ukraine resolution, Senator Wicker introduced language adopted by the Assembly recognizing the importance of the OSCE’s military observation missions, including the inspections in Ukraine.  Senator Wicker also participated in a dialogue with fellow parliamentarians on OSCE engagement with partner country Afghanistan. Senator Tom Harkin successfully offered amendments calling for access and equal opportunity for persons with disabilities, including calling for the ratification and implementation of the Convention on the Rights of Persons with Disabilities by all OSCE participating States. Commissioner Representative Robert Aderholt achieved passage of language supporting the integration of Western Balkan countries into the EU and NATO, and, in a separate initiative, highlighted the plight of “disappeared” political prisoners in Turkmenistan and called on that government to finally come clean on the fate of these individuals, one of whom was a former OSCE ambassador. An initiative by Rep. David Schweikert encouraged increased outreach by the OSCE to Mediterranean Partner countries, while Rep. Phil Gingrey brokered an agreement calling for concrete steps to promote clean and affordable energy. Finally, Rep. Smith and Senator Cardin joined an initiative with the Canadian delegation to respond more vigorously to acts of anti-Semitism throughout the participating States. On July 2 the meeting concluded with the adoption of the Baku Declaration, containing broad policy recommendations for the OSCE and its 57 participating States in the fields of political affairs and military security, trade, the environment and human rights. While in Azerbaijan, the delegation also held bilateral meetings with the Government of Azerbaijan, including meeting with President Ilham Aliyev as well as representatives of civil society fighting for media freedom, rule of law and disability rights in Azerbaijan. Bilateral meetings in Georgia and Moldova In addition to attending the OSCE PA’s Annual Session in Azerbaijan, Chairman Cardin led the delegation to stops in Tbilisi, Georgia, and Chisinau, Moldova, for bilateral meetings to discuss expanded ties with the United States as well as regional security in the wake of the crisis in Ukraine. In Georgia the delegation met with the President, Prime Minister, and the leadership of the United National Movement opposition party offering U.S. support and encouraging further democratic reforms, particularly in building a robust and independent judiciary free from corruption and untainted by politically-motivated prosecutions. In Moldova, the delegation met with the Prime Minister and key political leaders across the spectrum on the day the national parliament ratified an historic agreement with the European Union. The delegation also held consultations with the leadership of the OSCE Mission to Moldova, representatives of civil society, and the U.S. Embassy.

  • U.S. Helsinki Commission to Hold Briefing on OSCE Mediterranean Partners

    WASHINGTON - Today the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) announced the following hearing: Political Pluralism in the OSCE Mediterranean Partners? Wednesday, July 9, 2014 10:00 am U.S. Capitol Visitor Center Room SVC 203/202 The Organization for Security and Cooperation in Europe (OSCE) and its Parliamentary Assembly (OSCE PA) have cooperated closely through tangible projects, expertise exchanges, election assistance, conferences, and rich dialogue to advance human security with the OSCE Mediterranean Partners for Cooperation – Algeria, Egypt, Israel, Jordan, Morocco, and Tunisia. A hearing of the Commission on Security and Cooperation in Europe will serve as an opportunity to take stock of political developments among the Mediterranean Partners in the years following the popular uprisings that began in late 2010, now often referred to as the “Arab Awakening.”  This hearing will explore political transition among the Mediterranean Partners in terms of current developments in democratic reforms, civil society empowerment, political pluralism, and the role of international community engagement.  The following witnesses are scheduled to testify: The Honorable William Roebuck, Deputy Assistant Secretary of State for Egypt and the Maghreb, Bureau of Near Eastern Affairs The Honorable William B. Taylor, Vice President for Middle East and Africa of the United States Institute of Peace (USIP) Dr. Shibley Telhami, Anwar Sadat Chair for Peace and Development at the University of Maryland and Brookings Institution Saban Center Non-Resident Senior Fellow Ms. Zeinab Abdelkarim, Regional Director for Middle East and North Africa at the International Foundation for Electoral Systems (IFES)

  • Importance of Good Governance to Comprehensive Security

    Remarks to the 2014 OSCE Japan Conference on Sharing Experiences and Lessons Learned between the OSCE and Asian Partners for Cooperation in Order to Create a Safer, More Interconnected and Fairer World in the Face of Emerging Challenges Thank you, Mr. Ambassador, for your kind introduction. It’s a pleasure to be here today. I’d also like to thank our Japanese hosts for their very gracious arrangements for this important conference. I am here on behalf of U.S. Senator Ben Cardin, the Chairman of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission. The Helsinki Commission is unique in that the U.S. is the only OSCE participating State to create a distinct governmental agency to monitor member state compliance with OSCE commitments. One of the key priorities for our Commission is promoting good governance and combatting corruption, and we were pleased to see the tremendous progress achieved in this area in 2012 with the adoption of the Declaration on Strengthening Good Governance and Combatting Corruption, Money-Laundering and the Financing of Terrorism at the Dublin Ministerial. The Good Governance Declaration is comprehensive, laying out a strategy for the OSCE to combat corruption, strengthen civil society development and enforce accountability measures in the public and private sectors.  The declaration has given some new tools to the Economic and Environmental Coordinator’s office, which plays a critical role in strengthening stability and security in the OSCE region. And last year, the OSCE worked to promote sustainable energy solutions, advocate transparency and accountability, and to build capacity at all levels of society – government, private sector, and its citizens.  These achievements represent a foundation for further enhancing the 2nd Dimension. The U.S. and the EU have recently enacted laws that address the problem of transparency and accountability in the resource sector. In the United States, these laws were authored by the Chairman of the U.S. Helsinki Commission, Senator Ben Cardin. The laws require companies to publicly report payments they make to governments for oil, gas and mining extraction. The concept is that by injecting transparency into a traditionally opaque business environment, the ability of citizens to better understand the money flows allows them to then hold their governments accountable. The laws are meant to innovate the way business is done in this extremely important sector by breaking the cycle of instability and poverty in countries suffering from what is often called the “resource curse”. This innovation can help ensure that energy supplies are not disrupted, it gives citizens a tool to fight corruption, and it levels the playing field for companies. Now that the U.S. and the European Union are implementing these transparency rules, other markets with large resource extraction companies such as Australia and Canada are exploring similar requirements. And we expect that as these rules come online we will see other stock exchanges around the world follow suit. Corruption and lack of transparency in the extractive industries can fuel instability and even conflict, so it’s not hard to see why this type of transparency is catching on. The news is full of headlines on instability created by resource competition or corruption. And resource rich countries are consistently rated as some of the most difficult places to do business. In almost every case you can trace the root cause to the intractable corruption in that country. These transparency laws are the game changers that will help tilt the balance of power away from corrupt leaders. Transparency and accountability are going to make the job of extractive companies easier. They will work on a level playing field, they will work with more stable governments, and they will operate in more stable communities. And the OSCE has a role to play here as well. With the acknowledgment of the importance of combatting corruption in the Good Governance Declaration, the OSCE’s Economic and Environmental Dimension can serve as a valuable platform for increasing stability and security on energy related issues and, in particular, highlighting the link between security, energy, and the environment. As we look toward the Basel Ministerial and the Helsinki+40 process, we must build upon this work and examine how the 2nd Dimension can be further strengthened to advance solutions that build good governance. One of the ways that we can do this is to more actively engage civil society in the 2nd Dimension. We need to welcome multi-stakeholder groups, business groups and civil society leaders to the Economic and Environmental Forum and the Economic and Environmental Implementation meeting in order to generate greater awareness of good governance initiatives, develop new projects, and assess the effectiveness of participating States in implementing these commitments.    Let me close with a comment on Ukraine. I was there two weeks ago to observe the election. Despite the daily reports of violence, what we saw in the conduct of the election makes me hopeful that the newly elected government will be able to move the country forward. But what is painfully clear is that the corruption surrounding Ukraine’s energy sector was a key factor in fueling the protests that eventually led to the downfall of the government. Ukraine is not a big oil and gas producer itself, but it plays a major role as a transit country between Russia and Western Europe. Ukraine has started work on its candidacy for EITI but still has a long way to go so we are encouraging the new government to place a priority on getting that in place. The broader lesson from Ukraine is that secret deals lead to corruption. Corruption leads to economic stagnation.  Economic stagnation leads to political instability.  Political instability leads to violence and human rights abuses, and even opportunistic violations of sovereignty and territorial integrity. This is why we need to innovate the way we do business. This is why we need to focus on transparency and good governance. And this is why we need to empower civil society and media to hold their governments accountable. These are all areas where the OSCE has expertise and where the Asian Partners can provide assistance and experience. Thank you.

Pages