Title

High Crimes and Pipelines

Monday, June 18, 2018
3:30pm
Dirksen Senate Office Building, Room G11
Washington, DC
United States
Curbing Corruption in Ukraine's Energy Sector
Moderator(s): 
Name: 
Paul Massaro
Title Text: 
Policy Advisor
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Ambassador Bill Courtney
Title: 
Former U.S. Ambassador to Georgia and Kazakhstan and career foreign service officer
Name: 
Ed Chow
Title: 
Senior Fellow
Body: 
Center for Strategic and International Studies
Name: 
Nataliya Katser-Buchkovska
Title: 
Member
Body: 
Ukrainian Verkhovna Rada

Corruption continues to plague Ukraine’s energy sector. Despite the success of reforms to its state-owned gas company, Naftogaz, rampant corruption in regional distribution companies and elsewhere prevents Ukraine’s energy sector from realizing its potential. Coupled with the Russian assault on energy security in the form of Nord Stream 2, Ukraine finds itself at a crossroads: will it continue on the reformist path toward energy independence, or will its energy sector once again become defined by corruption?

This briefing reviewed the challenges facing Ukraine’s energy sector with a focus on corruption’s role in preventing necessary reforms. Speakers provided expertise and insight as to how Ukraine’s energy sector fits into the larger picture of Ukraine’s fight against corruption. They also examined Russia’s malign influence in the country. Finally, the briefing offered policy responses to these issues.

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  • Briefing Surveys Human Rights of Russia's Roma Population

    By Erika Schlager CSCE Counsel on International Law On September 23, 2004, the United States Helsinki Commission held a briefing on “The Roma in Russia.”  Panelists included Dimitrina Petrova, Executive Director, European Roma Rights Center; Alexander Torokhov, Director, Roma Ural; and Leonid Raihman, a consultant for the Open Society Institute specializing in minority issues in the former Soviet Union. Elizabeth Pryor, Senior Advisor to the Helsinki Commission, moderated the briefing.  She noted the Commission’s long engagement regarding the human rights problems faced by Roma as well as the overall human rights situation in Russia.  Highlighting the need to examine the particular situation of Roma in Russia, she observed that since Roma “constitute a relatively small part of the Russian population, their plight is often overlooked.” Dr. Petrova noted that, for the 2002 Russian census, approximately 182,000 individuals identified themselves as Romani.  Unofficial estimates, however, suggest that the number of Roma in Russia is much higher; a figure often cited is 1.2 million.  She argued that the fate of Roma in Russia is emblematic of the racism, xenophobia, and discrimination faced by other ethnic minorities in Russia, particularly Jews and people from the Caucasus region. In a comprehensive statement, Dr. Petrova outlined nine key areas of concern:  historical and social discrimination against Roma; the legal and institutional context of anti-discrimination legislation; the current political and ideological climate in Russia; the abuse of Roma rights by state actors (primarily the police); the abuse of Roma rights by non-state actors; discrimination in the criminal justice system; the portrayal of Roma in the Russian media; the lack of personal documents; and access to housing and education. The main focus of Dr. Petrova’s statement concerned abuse by both state and non-state actors.  The main impetus of anti-Roma abuse in Russia is related directly to the ideological “war on drugs.”  People of Roma descent are targeted through racial profiling and various media outlets as illegal drug dealers and are subject to frequent police raids.  The “war on drugs” has also become an excuse for police brutality and racial targeting in which police plant drugs on the Roma or in their homes and then arrest them for the possession of illegal substances. Dr. Petrova ended her statement with a call for the United States Government “to play a leadership role and use its economic and political weight to help improve the position of Roma in Russia and address the human rights problems of Roma in Russia as a matter of urgency and as a primary concern in combating racial discrimination.”  She asked human rights monitoring agencies both in the United States and in Europe to prioritize Roma rights in Russia and to draw the Russian Government’s attention to Roma issues that are currently not being addressed. Dr. Torkohov, representing the Ekaterinburg-based Roma Ural, presented his organization’s efforts to monitor media coverage of Roma, examine factors contributing to lower levels of education among Roma, and assist Romani Holocaust survivors obtain compensation through existing programs. Torkohov offered a number of recommendations to improve the current situation.  With respect to education, he suggested creating preschool programs for Roma children to improve literacy, working with both children and parents to understand the value of education, and facilitating cooperation between parents and schools.  Given the pronounced bigotry against Roma that characterizes portrayals of Roma in the broadcast and print media, he also suggested training journalists to improve their professional skills. Leonid Raihman focused on ill treatment of Roma by the police, access to justice, and problems associated with the lack of personal documents, including passports.  Endemic corruption among the poorly paid and poorly trained police in Russia has fostered an environment in which Roma are the routine victims of extortion by the police.  This extortion, in turn, contributes to the economic marginalization of Roma. Raihman also described the serious and complex problem of personal documents for the Roma.  He said the absence of personal documents, as well as the rigid nature of the personal documents system in Russia, represents an aspect of the problem.  However, he felt that ethnicity was the primary reason for problems in obtaining a passport.  “Administration officials,” he stated, “especially in housing and immigration departments abuse the discretionary decision-making power accorded to them by the passport system to discriminate against Roma and members of the vulnerable groups.” Mr. Raihman urged the U.S. Government to use its power “to persuade the Russian Government to place the human rights problems which the Roma face high on their agenda.”  He stated that it is time for the Russian Government, as well as the rest of the world, to acknowledge and deal with the problems faced by the Roma in Russia. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Judy Abel contributed to this article.

  • Urging the Government of Ukraine to Ensure Democratic, Transparent, and Fair Elections Process for Presidential Elections on October 31, 2004

    Mr. Speaker, I am very pleased that the House moved to the timely consideration of H. Con. Res. 415, which calls upon the government of Ukraine to ensure a democratic, transparent and fair election process for that country's presidential elections that are about to take place on October 31. As chairman of the Helsinki Commission, I join the gentleman from Illinois (Chairman Hyde) in sponsoring this important resolution. H. Con. Res. 415 makes clear the expectation that Ukrainian authorities should, consistent with their own laws and international agreements, ensure an election process that enables all of the candidates to compete on a level playing field.   International attention, Mr. Speaker, is now rightly focused on ensuring free, fair, open and transparent presidential elections on October 31, with a second round likely on November 21. These elections are critically important to the future of Ukraine, yet we see on a daily basis an election campaign that seriously calls into question Ukraine's commitment to OSCE principles.   Without exaggeration, Ukraine is facing a critical election, a choice not only between Euro-Atlantic integration versus reintegration into the former Soviet Eurasian space, but a choice between further development toward a European-style democracy, such as in Poland or Hungary, versus the increasingly authoritarian system that prevails in Russia today.   Unfortunately, the pre-election environment in Ukraine gives great cause for concern. Ukrainian voters clearly are not receiving balanced and objective information about all of the candidates in the race. Ukraine's state-owned television channels are heavily biased against the democratic opposition candidate, Viktor Yushchenko, who is leading in the polls nevertheless.   Independent media providing Ukrainians with objective information about the campaign, including channel 5, are being shut down in various regions. Journalists who do not follow the secret instructions from the presidential administration, it is called temnyky, are harassed and even fired. Given the stakes in these elections, Mr. Speaker, we should not be surprised that the ruling regime has launched an all-out campaign against the free media and against the opposition, the most recent of numerous examples being the highly suspicious poisoning of Viktor Yushchenko.   In addition, numerous obstacles to a free and fair political campaign have been placed by the national authorities, including intimidation of citizens, candidates and campaigns, the harassment of citizen expressions of political views, and the illegal use of State resources to promote the candidacy of Prime Minister Viktor Yanukovich.   Equal conditions for candidates, including unimpeded access to media, and an end to the intimidation and harassment of candidates and citizens must be provided during the remainder of the presidential campaign and will be key in determining whether or not the Ukrainian presidential elections will be judged as free and fair by the OSCE and the international community.   The elections will be a watershed for the future direction of that country.   Ukraine has tremendous potential. An independent, democratic Ukraine where the rule of law prevails is vital to the security and stability of Europe. Ukrainian authorities need to radically improve the election environment, however, if there is to be hope for these elections to meet those standards.   Mr. Speaker, this resolution urges the Ukrainian government to guarantee freedom of association and assembly, and it is not guaranteed now; ensure full transparency of the election process; free access for Ukrainian and international election observers; and unimpeded access by all candidates to the media on a nondiscriminatory basis.   I urge all Members to support this.   Text of H. Con. Res. 415   Whereas the establishment of a democratic, transparent, and fair election process for the 2004 presidential election in Ukraine and of a genuinely democratic political system are prerequisites for that country's full integration into the Western community of nations as an equal member, including into organizations such as the North Atlantic Treaty Organization (NATO);   Whereas the Government of Ukraine has accepted numerous specific commitments governing the conduct of elections as a participating State of the Organization for Security and Cooperation in Europe (OSCE), including provisions of the Copenhagen Document;   Whereas the election on October 31, 2004, of Ukraine's next president will provide an unambiguous test of the extent of the Ukrainian authorities' commitment to implement these standards and build a democratic society based on free elections and the rule of law;   Whereas this election takes place against the backdrop of previous elections that did not fully meet international standards and of disturbing trends in the current pre-election environment;   Whereas it is the duty of government and public authorities at all levels to act in a manner consistent with all laws and regulations governing election procedures and to ensure free and fair elections throughout the entire country, including preventing activities aimed at undermining the free exercise of political rights;   Whereas a genuinely free and fair election requires a period of political campaigning conducted in an environment in which neither administrative action nor violence, intimidation, or detention hinder the parties, political associations, and the candidates from presenting their views and qualifications to the citizenry, including organizing supporters, conducting public meetings and events throughout the country, and enjoying unimpeded access to television, radio, print, and Internet media on a non-discriminatory basis;   Whereas a genuinely free and fair election requires that citizens be guaranteed the right and effective opportunity to exercise their civil and political rights, including the right to vote and the right to seek and acquire information upon which to make an informed vote, free from intimidation, undue influence, attempts at vote buying, threats of political retribution, or other forms of coercion by national or local authorities or others;   Whereas a genuinely free and fair election requires government and public authorities to ensure that candidates and political parties enjoy equal treatment before the law and that government resources are not employed to the advantage of individual candidates or political parties;   Whereas a genuinely free and fair election requires the full transparency of laws and regulations governing elections, multiparty representation on election commissions, and unobstructed access by candidates, political parties, and domestic and international observers to all election procedures, including voting and vote-counting in all areas of the country;   Whereas increasing control and manipulation of the media by national and local officials and others acting at their behest raise grave concerns regarding the commitment of the Ukrainian authorities to free and fair elections;   Whereas efforts by the national authorities to limit access to international broadcasting, including Radio Liberty and the Voice of America, represent an unacceptable infringement on the right of the Ukrainian people to independent information;   Whereas efforts by national and local officials and others acting at their behest to impose obstacles to free assembly, free speech, and a free and fair political campaign have taken place in Donetsk, Sumy, and elsewhere in Ukraine without condemnation or remedial action by the Ukrainian Government;   Whereas numerous substantial irregularities have taken place in recent Ukrainian parliamentary by-elections in the Donetsk region and in mayoral elections in Mukacheve, Romny, and Krasniy Luch; and   Whereas the intimidation and violence during the April 18, 2004, mayoral election in Mukacheve, Ukraine, represent a deliberate attack on the democratic process: Now, therefore, be it   Resolved by the House of Representatives (the Senate concurring), That the Congress--   (1) acknowledges and welcomes the strong relationship formed between the United States and Ukraine since the restoration of Ukraine's independence in 1991;   (2) recognizes that a precondition for the full integration of Ukraine into the Western community of nations, including as an equal member in institutions such as the North Atlantic Treaty Organization (NATO), is its establishment of a genuinely democratic political system;   (3) expresses its strong and continuing support for the efforts of the Ukrainian people to establish a full democracy, the rule of law, and respect for human rights in Ukraine;   (4) urges the Government of Ukraine to guarantee freedom of association and assembly, including the right of candidates, members of political parties, and others to freely assemble, to organize and conduct public events, and to exercise these and other rights free from intimidation or harassment by local or national officials or others acting at their behest;   (5) urges the Government of Ukraine to meet its Organization for Security and Cooperation in Europe (OSCE) commitments on democratic elections and to address issues previously identified by the Office of Democratic Institutions and Human Rights (ODIHR) of the OSCE in its final reports on the 2002 parliamentary elections and the 1999 presidential elections, such as illegal interference by public authorities in the campaign and a high degree of bias in the media;   (6) urges the Ukrainian authorities to ensure--   (A) the full transparency of election procedures before, during, and after the 2004 presidential elections;   (B) free access for Ukrainian and international election observers;   (C) multiparty representation on all election commissions;   (D) unimpeded access by all parties and candidates to print, radio, television, and Internet media on a non-discriminatory basis;   (E) freedom of candidates, members of opposition parties, and independent media organizations from intimidation or harassment by government officials at all levels via selective tax audits and other regulatory procedures, and in the case of media, license revocations and libel suits, among other measures;   (F) a transparent process for complaint and appeals through electoral commissions and within the court system that provides timely and effective remedies; and   (G) vigorous prosecution of any individual or organization responsible for violations of election laws or regulations, including the application of appropriate administrative or criminal penalties;   (7) further calls upon the Government of Ukraine to guarantee election monitors from the ODIHR, other participating States of the OSCE, Ukrainian political parties, candidates' representatives, nongovernmental organizations, and other private institutions and organizations, both foreign and domestic, unobstructed access to all aspects of the election process, including unimpeded access to public campaign events, candidates, news media, voting, and post-election tabulation of results and processing of election challenges and complaints;   (8) strongly encourages the President to fully employ the diplomatic and other resources of the Government of the United States to ensure that the election laws and procedures of Ukraine are faithfully adhered to by all local and national officials, by others acting at their behest, and by all candidates and parties, during and subsequent to the presidential campaign and election-day voting;   (9) strongly encourages the President to clearly communicate to the Government of Ukraine, to all parties and candidates, and to the people of Ukraine the high importance attached by the Government of the United States to this presidential campaign as a central factor in determining the future relationship between the two countries; and   (10) pledges its enduring support and assistance to the Ukrainian people's establishment of a fully free and open democratic system, their creation of a prosperous free market economy, their establishment of a secure independence and freedom from coercion, and their country's assumption of its rightful place as a full and equal member of the Western community of democracies.

  • Helsinki Commission Chairman Delivers Remarks on Belarus, Ukraine Elections

    * Conference on the Implications of the East European Elections: Ukraine and Belarus The Heritage Foundation Thank you for inviting me to participate in your important and timely session. Both Ukraine and Belarus face important elections in the coming month.  Both are societies burdened by the Soviet communist legacy of the past.  Both were “Captive Nations” and both, albeit to varying degrees,  are vulnerable to Russia’s political and economic influence, especially  as all too many among the Russian political elite have not yet reconciled themselves to the loss of empire.  Both now border on NATO and the EU.   Both face serious challenges to democracy and Euro-Atlantic integration. There are many other similarities.  There are also important distinctions. Belarus is ruled by a dictator who controls the levers of power and increasingly all facets ofBelarusian society.  Given the level of control and repression, there are few counterweights to Lukashenka’s rule.  The parliament, the National Assembly lacks real powers and Members have little power to be independent of Lukashenka’s strong-arm tactics.  Civil society, including NGOs and independent media, is under a tight lid.  Fundamentally flawed elections have left that country lacking a legitimate president and legislature. Ukraine, for all of the backsliding, scandals, and problems with respect to human rights, democracy and the rule of law, has institutions that act at least somewhat as a check on the powers-that-be, despite the ruling regime’s attempts to control and, in some instances, stifle genuine democratic development and civil society.  Civil society is tolerated to a greater extent than in Belarus, and independent media, while under severe pressure, is more widespread.  There are competing centers of power and many diverse economic, political and social interests in Ukraine.  In the case of Ukraine, despite the progress in many areas since independence, there have been significant problems with respect to implementation of OSCE human dimension commitments, including in the areas of media freedoms, freedom of association and assembly, corruption, the rule of law and elections.  The largest faction in the Rada is that of democratic opposition and presidential candidate Viktor Yushchenko’s Our Ukraine.  The pro-presidential parliamentary majority has disintegrated, with the defection earlier this month of the party led by Rada Speaker Lytvyn.  Genuine political competition exists, and, of course, there is competition among the oligarchs.  In Belarus, there is only one oligarch.  Although the Kuchma regime might be tempted, thus far, they have not been able to act with the same degree of impunity that Lukashenka exhibits. International attention is rightly now focused on ensuring free, fair, open and transparent presidential elections on October 31 with a second round likely in late November.  These elections are critically important to the future of Ukraine, yet we see on a daily basis an election campaign that calls into question Ukraine’s commitment to OSCE principles.  Without exaggeration, Ukraine is facing a critical presidential election – a choice not only between Euro-Atlantic integration versus reintegration into the former Soviet Eurasian space, but a choice between further development toward a European-style democracy, such as in Poland or Hungary,  versus the increasingly authoritarian system that prevails in Russia today. Many analysts and organizations, including the Helsinki Commission, have chronicled the numerous election campaign violations taking place inUkraine.  We continue to maintain our strong interest and concern.  Along with Chairman Henry Hyde, I joined him in introducing H.Con.Res. 415, calling on the Government of Ukraine to ensure a democratic, transparent, and fair election process for the presidential campaign.  We make clear the expectation that Ukrainian authorities should – consistent with their own laws and international agreements – ensure an election process that enables all of the candidates to compete on a level playing field.   We urge the Ukrainian Government to guarantee freedom of association and assembly, ensure full transparency of the election process, free access for Ukrainian and international election observers, and unimpeded access by all candidates to the media on a non-discriminatory basis. Unfortunately, the pre-election environment in Ukraine gives great cause for concern.  Ukrainian voters clearly are not receiving balanced and objective information about all the candidates in the race, independent media providing Ukrainians with objective information about the campaign – including channel 5 – is being shut down in the regions, and journalists who don’t follow the infamous secret instructions from the presidential administration, or temnyky, are harassed and even fired.  Ukraine’s state-owned television channels are blatantly anti-Yushchenko.  Given the stakes in these elections, we should not be surprised that the ruling regime has launched an all-out campaign against the free media and against the opposition, the most recent of numerous examples being the highly suspicious poisoning of Victor Yushchenko.  To its credit, the Rada last week overwhelmingly approved a resolution creating a special commission to investigate this alleged assassination attempt.  We will be eager to see if the investigation will get underway.  Four years have passed since the killing of independent journalist Georgi Gongadze, and the case remains unresolved.  As you know, Gongadze was bravely exposing high-level corruption in Ukraine. The Rada has also created an ad-hoc committee to monitor the upcoming election.  Prime Minister Yanukovych, the presidential candidate of the ruling regime, instead of welcoming this move, called the Rada move “disloyal”.  This speaks volumes.   The independence exhibited by the Rada in Ukraine would be unthinkable in Belarus.  There, serious and persistent violations have been committed in most human dimension areas, including freedom of speech, association and assembly, media freedoms, religious liberties, elections and the rule of law.  Thanks to Lukashenka’s iron rule, Belarus has the worst human rights record in Europe today, although Russia under the increasingly authoritarian rule of President Putin appears to be catching up, and, perhaps, even emulating Mr. Lukashenka.  Regrettably, the Belarusian authorities have disregarded the four democratic benchmarks established by the OSCE in 2000 – ending repressions and the climate of fear, permitting a functioning independent media, ensuring transparency of the elections process, and strengthening the functions of parliament. Lukashenka has flaunted shamelessly his 1999 Istanbul OSCE Summit declaration commitments for a political dialogue, with OSCE participation which stressed the necessity of removing "all remaining obstacles in Belarus to this dialogue by respecting the principles of the rule of law and the freedom of the media.” Lukashenka has pointedly ignored this commitment and the situation with respect to the rule of law and media freedoms has only continued its steady deterioration.  At the OSCE Parliamentary Assembly meeting in Bucharest in 2000, I offered language to continue to deny the seating of the illegitimate Lukashenka parliament.  We won.  I continued to fight this battle until 2003, when the OSCE Parliamentary Assembly abandoned this position and seated the Members of the National Assembly.  Since that time, I’ve continued to be an outspoken critic of the dismal human rights record of the Lukashenka regime. Parliamentary elections are scheduled in Belarus for October 17, and they now have an added dimension, with Lukashenka’s September 7 announcement of a referendum that would pave the way to extend his rule beyond 2006, when his ten-year tenure is due to expire, to potentially join the ranks of “presidents for life,” like President Niyazov in Turkmenistan and others in Central Asia.   The fact that, according to the Belarusian electoral code, a referendum cannot contain any questions related to presidential elections will certainly not deter him.  Interestingly, opinion polls suggest that most Belarusians are against extending Lukashenka’s rule, and the threshold for passage of the referendum is high, as at least 50 percent of all eligible voters – and not merely those casting ballots – have to vote “yes” for the referendum to pass.  We will see how they manipulate that one. Nevertheless, to say that the deck is stacked in favor of Lukashenka is an understatement.   The Belarusian Government has almost total control over the electoral process and considerable experience in conducting elections that, to put it mildly, do not meet international democratic standards.  For example, opposition parties have been allocated a mere two percent of seats on the district election commissions, and an appalling 0.2 percent of the 7,000 precinct commissions.  One-third of the candidates proposed by Belarusian opposition parties were reportedly denied registration. Ladies and gentlemen, to their credit, Belarus’ repressed and embattled opposition and NGOs have not yet given up.  We need to continue to support these brave men and women and all those struggling for democracy and human rights in Belarus.  I am the sponsor of the BelarusDemocracy Act, which is waiting for consideration by the full House.  The BDA is intended to promote democracy, human rights and rule of law inBelarus, including assistance for democracy building activities such as support for NGOs, independent media, international exchanges and international broadcasting.  We want to stand firmly on the side of those who long for freedom.  As President Bush noted at Madison Square Garden earlier this month [on September 2], “The story of America is the story of expanding liberty:  an ever-widening circle, constantly growing to reach further and include more. Our nation’s founding commitment is still our deepest commitment:  In our world, and here at home, we will extend the frontiers of freedom.” We are eager to have governments and parliaments in both countries with whom we can join forces to combat the scourges of our day, such as human trafficking, HIV/AIDS which has reportedly infected one percent of Ukraine’s population, or corruption and cooperation on movement towards common security and Euro-Atlantic integration.  We know that hundreds of thousands of Ukrainian and Belarusian women and children have been trafficked mostly to Europe and the Middle East over the course of the last decade.  The problem is especially acute in Ukraine – one of the largest source countries in Europe.  Ukraine is also a major transit country.  Both Ukraine and Belarus have been designated in the most recent State Department report as Tier II countries (there are three tiers), meaning that these governments do not yet fully comply with minimum standards for the elimination of trafficking, but is making significant efforts to do so.  As the lead author of the Trafficking Victims Protection Act and its reauthorization which became law in 2003, I am pleased that our government, the OSCE and other international organizations and NGOs are devoting resources to combat this modern day slavery, but much more remains to be done. For both Ukraine and Belarus, the best guarantee for their survival as independent countries is the full establishment of democracy, human rights and the rule of law, including, very importantly, democratic elections.  In short, the best guarantee is their implementation of commitments both nations freely undertook when they joined the OSCE.  Standing in solidarity with the courageous pro-democracy in both countries and with the people of Belarusand Ukraine, we must continue to encourage compliance with these commitments. END REMARKS

  • The Romani Minority in Russia

    The Helsinki Commission examined the situation of the Romani minority in Russia, with a focus on hate crimes, police abuse, and discrimination in the aftermath of the terrorist attack in Beslan, during which Russian President Vladimir Putin referred to the potential for many ethnic-confessional conflicts in the Federation. Reports by Roma of racially motivated attacks by law enforcement agents were also points of discussion. Panelists – including Dr. Dimitrina Petrova, Executive Director of the European Roma Rights Center; Alexander Torokhov, Director of Roma Ural; and Leonid Raihman, Consultant for Open Society – provided background information on Russia’s Romani minority, setting their discussion in the current context of the current political, economic and security climate in Russia.

  • Advancing U.S. Interests through the OSCE

    The OSCE has been a pioneer in defining an integrated approach to security, one in which human rights and economic well-being are as key to a nation’s stability as are traditional military forces.  It remains not only the largest trans-Atlantic organization, but the one with the broadest definition of security.  The OSCE has also created the most innovative habits of dialogue and collective action of any multilateral organization in the world.  The focus of the hearing will be how the OSCE can be used most effectively to highlight and advance the interests of the United States.  Among the subjects to be covered will be objectives for the December (2004) meeting of Foreign Ministers in Sofia; recent high-impact security initiatives; expectations for the upcoming Human Dimension Implementation Meeting in Warsaw; and refining and strengthening the OSCE.

  • Ukraine's Quest for Mature Statehood: Ukraine's Transition to a Stable Democracy

    Thank you for inviting me to participate in this conference on Ukraine 's Transition to a Stable Democracy. Media freedom is an especially important topic with the upcoming presidential elections in Ukraine , in what will be a defining year with respect to Ukraine 's democratic transition. Given the stakes, we should not be surprised by the fact that the powers-that-be have launched an all-out campaign to pressure the media.  Freedom of expression - and its corollary, freedom of the media - is one of the most basic human rights. It is vital to the development of civil society. Numerous OSCE agreements include various commitments on freedom of the media. These are agreements that Ukraine has voluntarily and freely committed to abide by as one of the 55 participating States of the OSCE.  The Helsinki Commission, whose mandate is to monitor and encourage compliance by the OSCE States with their OSCE agreements, has also maintained a strong interest in freedom of media in general and recognizes its importance in democratic development. As many of you know, the Commission has also maintained a strong interest in Ukraine and has, over the last several decades, been steadfast in encouraging Ukraine's independence. We are eager to have as an ally a democratic country where human rights are respected and the rule of law prevails.  We continue to maintain our strong interest and concern, especially with the critically important October 31 presidential elections. I am the original cosponsor of a House resolution, H.Con.Res. 415, introduced by Rep. Henry Hyde, the Chairman of the House International Relations Committee, calling on the Government of Ukraine to ensure a democratic, transparent, and fair election process for the presidential election. (This resolution, which was introduced by Commission Co-Chairman Sen. Campbell, has recently passed the Senate and will soon be taken up by the House.) The resolution outlines measures Ukrainian authorities need to take - consistent with their own laws and international agreements - to ensure an election process that enables all of the candidates to compete on a level playing field. The resolution specifically identifies violations to free media and urges unimpeded access by all parties and candidates to print, radio, television, and Internet media on a non-discriminatory basis.  Unfortunately, the situation with respect to the media in Ukraine in the run-up to the elections is discouraging. The election - apparently because of the clear-cut choice between current Prime Minister Yanukovich, and leader of the Our Ukraine democratic bloc Victor Yuschenko - seems to have frightened those who are now in power. It seems the ruling regime has decided to interfere in media election coverage at an unprecedented scale, presumably with the expectation that the interference will ensure their victory at the polls.  The OSCE recently assessed the media situation in the election campaign. They noted that overall, media pluralism is present in Ukraine - different views are represented and politicians of all ranks are regularly criticized - and in general the legal framework is satisfactory. On the other hand, according to OSCE and many other observers, "the one view dominating the airwaves is that of the government", due to an ownership structure closely connected to, or influenced by the current government. It is also due to the infamous so-called "temniki" or "secret instructions" to media from the presidential administration about what or what not to cover and how to cover it. The institutional framework of frequency allocation and licensing also allows for favoritism in the electronic media.  In short, the electronic media is heavily dominated by government and oligarchs, and the media tilts heavily towards Yanukovich, while casting Yuschenko in a negative light. The media is under attack:  * Since the beginning of this year, Ukrainian authorities have harassed, closed and filed lawsuits against numerous electronic and print media.  * Radio Liberty , an important source of objective information, and other radio stations such as Radio Kontynent have been either partially or totally taken off the air. Months of promises to various U.S. officials that Radio Liberty would be put back on the air have come to naught.  * Print runs have been permanently or temporarily stopped for several newspapers. Just a few days ago, authorities in the Kharkiv region temporarily confiscated 42,000 copies of the newspaper Without Censorship. Other media face politically motivated law suits.  * Volia cable, the leading cable television operator in Ukraine , (which carries the only channel which reports objectively on the democratic opposition - Channel 5) is experiencing severe pressure from the Prosecutor-General's office. Almost all cable companies that carry Channel 5 received a variety of threats and tax inspections, and some reportedly had cables "accidentally" cut.  * Reporters face harassment and censorship daily for their objective reporting.  Ladies and Gentlemen, equal access to media must be provided during the remainder of the presidential campaign and will be key in determining whether or not the presidential elections will be judged as free and fair by the OSCE and the international community. The elections will be a watershed for the future direction of that country. Ukraine has tremendous potential. Ukrainian authorities need to radically improve the election environment, including the media environment, if there is to be hope for these elections to meet OSCE standards.  In just two days, on September 16, we will mark the fourth anniversary of the killing of independent journalist Georgi Gongadze, who was exposing high-level corruption in Ukraine. His murder has been subject to numerous international protests, including statements, intercessions, and queries, by me and other Helsinki Commission members. Ladies and gentlemen, it is a case of a massive cover-up by high-level officials.  This is the fifth time that your conference is being held. The first took place four years ago just two days after Gongadze's disappearance. It was at that first conference that representatives of the Helsinki Commission and State Department first called for the Ukrainian government to investigate his disappearance. Four years later, the case remains unresolved. Ukrainian President Kuchma and a number of high-ranking officials have been implicated in his disappearance and the circumstances leading to his murder. The Ukrainian authorities' handling, or more accurately mishandling of this case, has been characterized by obfuscation and stonewalling, destruction of evidence, and the persecution and even death, in one instance, of those who tried to tell the truth about the case.  Tragically for Ukraine, the handling of this case has made a mockery of the rule of law. Not surprisingly, lack of transparency illustrated by the Gongadze case has fueled the debilitating problem of widespread corruption reaching the highest levels in Ukraine. A credible and transparent investigation of this case by Ukrainian authorities is long overdue and the perpetrators - no matter who they may be - need to be brought to justice. I hope that well before the sixth of your conferences, this case is resolved, as well as the cases of at least 18 other journalists in Ukraine who, according to Western media watchdog organizations, have died because of their work.  These journalists, including Mr. Gongadze, were exposing the massive problem of corruption and crime in Ukraine. One important issue intimately linked with corruption and crime worldwide - a global scourge to which Ukraine is by no means immune - is the trafficking of women and children. Each year, an estimated 600,000 to 800,000 girls, boys, women and men, including tens of thousands of Ukrainians, are bought and sold like chattel across international borders, many of them for brutal exploitation in the commercial sex industry. The plight of these individuals has touched many hearts and has led to a global movement to eradicate this form of modern-day slavery known as trafficking in human beings.  In November 2000, the Trafficking Victims Protection Act, which I authored, was enacted with broad, bi-partisan support. The Act provides a framework for combating trafficking through law enforcement, prevention programs, and assistance to those victimized. The Act mandated major changes in U.S. law, including severe penalties of up to life in prison for those who traffic in humans and treatment of the victims - mostly women and children - as victims of crime rather than criminals themselves. This past December, President Bush signed a reauthorization of the Act, which I also wrote, to expand and strengthen the U.S. response to this scourge.  Hundreds of thousands of Ukrainian women and children have been trafficked mostly to Europe and the Middle East over the course of the last decade, making it one of the largest source countries in Europe . It is also a major transit country. Ukraine has been designated in the most recent State Department report as a Tier II country (there are three tiers), meaning that the Ukrainian Government does not yet fully comply with minimum standards for the elimination of trafficking, but is making significant efforts to do so. I am pleased that our government, the OSCE and other international organizations and NGOs are devoting resources to combat this modern day slavery, but much more remains to be done. I encourage the Ukrainian Government to make further progress, and implement its Comprehensive Program to Combat Trafficking in Persons, better coordinate with law enforcement officials of destination countries, and fight government corruption.  By conducting free and fair elections, respecting media freedoms, including resolving the Gongadze case, and effectively tackling the scourge of trafficking, the Ukrainian authorities will go a long way in restoring the trust of the citizens of Ukraine and strengthening Ukraine's independence, democracy, sending a powerful signal of its readiness to join the Euro-Atlantic community of nations. I stand in solidarity with the Ukrainian people as they strive to achieve these important goals.

  • Helsinki Commission Leadership Engages Heads of Nine CIS Countries

    By Elizabeth B. Pryor CSCE Senior Advisor On July 21, 2004, the bipartisan leadership of the U.S. Commission on Security and Cooperation in Europe (Helsinki Commission) responded to a Declaration signed by nine members of the group known as the Commonwealth of Independent States. The text was presented to the OSCE Permanent Council earlier this month by Russia ’s Ambassador to the OSCE, Alexey N. Borodavkin. The presidents of Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, the Russian Federation, Tajikistan, Ukraine and Uzbekistan signed the declaration. CIS members Azerbaijan and Georgia declined to sign. Turkmenistan did not participate. While acknowledging that the OSCE occupies “a key place in the European security architecture,” the Declaration maintains that the organization has been unable to adapt to the changing political and security environment. The Helsinki Commission leadership – Chairman Representative Christopher H. Smith (R-NJ), Co-Chairman Senator Ben Nighthorse Campbell (R-CO), House Ranking Member Representative Benjamin L. Cardin (D-MD) and Senate Ranking Member Christopher J. Dodd (D-CT) – responded to each of the nine presidents who signed the Declaration. The Commissioners noted that three of those signing the Declaration, President Nazarbaev of Kazakhstan, President Akaev of Kyrgyzstan, and President Karimov of Uzbekistan actually signed the original Helsinki Final Act document when their countries were accepted as OSCE participating States in 1992. In the letter to President Nazarbaev, the Commission leaders stressed that they “were particularly troubled to see Kazakhstan included on the signatories to the declaration, since you have expressed an interest in undertaking the chairmanship of the organization [OSCE] in 2009.” In their replies, Commissioners agreed about the importance of the Vienna-based OSCE and that its ability to adapt was essential to its continued relevance. They pointed out, however, that many of the assertions of the Declaration were already being addressed by the participating States. The CIS signatories had criticized the OSCE for “failing to implement in an appropriate manner” the fundamental documents of the organization, stating that the OSCE is not observing an allegedly agreed Helsinki principle of non-interference in internal affairs. Refuting the assertion that the OSCE was failing to implement its principles, the Commission leaders pointed out that the participating States, not the organization, are responsible for such implementation: “We should look to capitals when failures in implementation arise, not Vienna .” On the matter of “internal affairs,” the leadership reminded the presidents that this issue was definitively decided in the politically-binding concluding document to the 1991 Moscow Human Dimension meeting, which states: “They [the participating States] categorically and irrevocably declare that the commitments undertaken in the field of the human dimension ... are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned.” Turning to the assertion that there is a serious imbalance between the three security dimensions of the OSCE – political-military, economic and environmental, and the human dimension – the Commissioners noted that since the issue of “imbalance” in OSCE priorities was raised several years ago, there has been significant movement in anti-terrorism and tangible military security issues. For example, path-breaking agreements on export controls for MANPADs, on assistance for reduction of excess ammunition, and on uniform standards for travel documents have been achieved in the last few months. The economic dimension is also being revitalized. For example, the OSCE has the most concrete and robust action plan to fight human trafficking of any international organization. The OSCE Parliamentary Assembly has called for a ministerial-level meeting to discuss ways of halting terrorist financing and has spoken out for increased membership in the World Trade Organization. Though welcoming the development of all of the OSCE dimensions, the Commissioners took issue with the idea that this should come at the expense of the promotion of human rights. The CIS signatories expressed concern that human dimension activities are concentrated in the states of the former Soviet Union and former Yugoslavia , and that unfair standards regarding elections are directed at these nations. They went on to accuse OSCE missions of focusing on human rights and democratic development at the expense of the “full range of work covered by the Organization.” In response to the assertion that undue concentration was focused on human rights in the countries of the CIS and former Yugoslavia , the Commission leaders noted that on 85 occasions since January 2003 the Helsinki Commission had addressed, often publicly, human rights concerns in NATO countries. Public criticism of actions by the United States , as in the recent criminal treatment of prisoners in Abu Ghraib prison, has also been made in OSCE meetings and has been taken seriously. The United States has made clear that free and fair elections are crucial to the ongoing process of democratic development and welcomes election monitors to its own national elections in November 2004. The letters also addressed the continued need to locate missions or other OSCE representatives in the former Soviet and Yugoslav countries. In the case of every signatory to the CIS Declaration, there are persistent human rights violations and backward trends on democratic development. Specific concerns were cited for each country, including fraudulent conduct of elections, hindrance of free media, curtailment of religious freedom and freedom of assembly, corruption among public officials and, in several of the countries, detention of political opposition leaders. These abuses have been documented in the Commission report Democracy and Human Rights Trends in Eurasia and East Europe. It is with the goal of reversing these trends that all OSCE states have agreed to the establishment and retention of these missions. The poor implementation record on OSCE commitments argues for the continued necessity of these field offices, the Commissioners concluded. Finally, the leaders of the Commission expressed the hope that the discussion of OSCE’s development would move beyond the Declaration’s inaccurate reinterpretations of key OSCE documents and center on concrete suggestions. They welcomed any positive proposals that the presidents might offer. In this, as in all their work, the Helsinki Commission expressed confidence that by working together, the States of the OSCE region could reach their goal of true security and cooperation in Europe. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Urging the Government of Ukraine to Ensure a Democratic, Transparent, and Fair Election Process for the Presidential Election on October 31, 2004

    Mr. President, I rise to urge passage of S. Con. Res. 106, a bipartisan resolution calling upon the Government of Ukraine to ensure a democratic, transparent and fair election process for the presidential elections scheduled to be held in late October. This resolution, by encouraging fair, open and transparent elections, is a concrete expression of the commitment of the U.S. Congress to the Ukrainian people. The resolution underscores that an election process and the establishment of a genuinely democratic political system consistent with Ukraine's freely undertaken OSCE commitments is a prerequisite for Ukraine's full integration into the Western community of nations as an equal member, including into NATO. The October elections will be vital in determining Ukraine's course for years to come. They present the Ukrainian authorities with a real opportunity to demonstrate their commitment to OSCE principles and values. As Co-Chairman of the Helsinki Commission, I would point out that Ukrainian President Leonid Kuchma recently cosigned a Declaration with Russia and leaders of several other independent former Soviet states criticizing the OSCE for focusing too much attention on human rights and democratization. While disappointing, this diatribe is not surprising given the fact that under President Kuchma's leadership, Ukraine's record in such as media freedoms, elections, the rule of law and corruption has moved in the wrong direction. It is up to the OSCE states, including Ukraine, to implement their freely undertaken OSCE commitments and to take corrective measures if necessary--something I hope the Ukrainian authorities will be mindful of in the run-up to the elections. Ukraine's pre-election environment has already been decidedly problematic and of great concern to the United States and the international community. The pending resolution, S. Con. Res. 106, focuses squarely on key problem areas, including increasing control and manipulation of the media and attempts by national authorities to limit access to international broadcasting, including Radio Liberty. Among other concerns are the serious obstacles to free assembly and a free and fair political campaign as well as substantial irregularities in several recent elections, most notably, the mayoral election held in April in the western Ukrainian city of Mukacheve. This election was marred by intimidation, violence, fraud and manipulation of the vote count, electoral disruptions and irregularities. According to the most recent report of the nonpartisan Ukrainian nongovernmental Committee of Voters of Ukraine: There was no improvement in the political environment in June compared to April and May. Instead, CVU observed an increase in the number of cases of government pressure on the opposition designed to impede their activities. Potential candidates did not enjoy equal access to the media. The level of criminal interference in the pre-election process remains very high, thus threatening free elections. GPO's PDF S. Con Res. 106 outlines those measures the Ukrainian authorities need to take--consistent with their own laws and international agreements--for a free, fair, open and transparent election process. The Ukrainian authorities at all levels, including the executive, legislative and judicial branches, need to ensure an election process that enables all of the candidates to compete on a level playing field. This includes the various ministries and agencies involved directly or indirectly in the elections process, as well as Ukraine's courts. Ukraine's October presidential elections should be a watershed for the future direction of that country of great potential. Ukrainian authorities need to radically improve the election environment if there is to be hope for these elections to meet OSCE standards. By doing so, they will go a long way in restoring the trust of the citizens of Ukraine and strengthening Ukraine's independence and democracy. Mr. FRIST. Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table, and that any statements relating to the resolution be printed in the Record. S. Con. Res. 106 Whereas the establishment of a democratic, transparent, and fair election process for the 2004 presidential election in Ukraine and of a genuinely democratic political system are prerequisites for that country's full integration into the Western community of nations as an equal member, including into organizations such as the North Atlantic Treaty Organization (NATO) Whereas the Government of Ukraine has accepted numerous specific commitments governing the conduct of elections as a participating State of the Organization for Security and Cooperation in Europe (OSCE), including provisions of the Copenhagen Document; Whereas the election on October 31, 2004, of Ukraine's next president will provide an unambiguous test of the extent of the Ukrainian authorities' commitment to implement these standards and build a democratic society based on free elections and the rule of law; Whereas this election takes place against the backdrop of previous elections that did not fully meet international standards and of disturbing trends in the current pre-election environment; Whereas it is the duty of government and public authorities at all levels to act in a manner consistent with all laws and regulations governing election procedures and to ensure free and fair elections throughout the entire country, including preventing activities aimed at undermining the free exercise of political rights; Whereas a genuinely free and fair election requires a period of political campaigning conducted in an environment in which neither administrative action nor violence, intimidation, or detention hinder the parties, political associations, and the candidates from presenting their views and qualifications to the citizenry, including organizing supporters, conducting public meetings and events throughout the country, and enjoying unimpeded access to television, radio, print, and Internet media on a non-discriminatory basis; Whereas a genuinely free and fair election requires that citizens be guaranteed the right and effective opportunity to exercise their civil and political rights, including the right to vote and the right to seek and acquire information upon which to make an informed vote, free from intimidation, undue influence, attempts at vote buying, threats of political retribution, or other forms of coercion by national or local authorities or others; Whereas a genuinely free and fair election requires government and public authorities to ensure that candidates and political parties enjoy equal treatment before the law and that government resources are not employed to the advantage of individual candidates or political parties; Whereas a genuinely free and fair election requires the full transparency of laws and regulations governing elections, multiparty representation on election commissions, and unobstructed access by candidates, political parties, and domestic and international observers to all election procedures, including voting and vote-counting in all areas of the country; Whereas increasing control and manipulation of the media by national and local officials and others acting at their behest raise grave concerns regarding the commitment of the Ukrainian authorities to free and fair elections; Whereas efforts by the national authorities to limit access to international broadcasting, including Radio Liberty and the Voice of America, represent an unacceptable infringement on the right of the Ukrainian people to independent information; Whereas efforts by national and local officials and others acting at their behest to impose obstacles to free assembly, free speech, and a free and fair political campaign have taken place in Donetsk, Sumy, and elsewhere in Ukraine without condemnation or remedial action by the Ukrainian Government; Whereas numerous substantial irregularities have taken place in recent Ukrainian parliamentary by-elections in the Donetsk region and in mayoral elections in Mukacheve, Romny, and Krasniy Luch; and Whereas the intimidation and violence during the April 18, 2004, mayoral election in Mukacheve, Ukraine, represent a deliberate attack on the democratic process: Now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That Congress— (1) acknowledges and welcomes the strong relationship formed between the United States and Ukraine since the restoration of Ukraine's independence in 1991; (2) recognizes that a precondition for the full integration of Ukraine into the Western community of nations, including as an equal member in institutions such as the North Atlantic Treaty Organization (NATO), is its establishment of a genuinely democratic political system; (3) expresses its strong and continuing support for the efforts of the Ukrainian people to establish a full democracy, the rule of law, and respect for human rights in Ukraine; (4) urges the Government of Ukraine to guarantee freedom of association and assembly, including the right of candidates, members of political parties, and others to freely assemble, to organize and conduct public events, and to exercise these and other rights free from intimidation or harassment by local or national officials or others acting at their behest; (5) urges the Government of Ukraine to meet its Organization for Security and Cooperation in Europe (OSCE) commitments on democratic elections and to address issues previously identified by the Office of Democratic Institutions and Human Rights (ODIHR) of the OSCE in its final reports on the 2002 parliamentary elections and the 1999 presidential elections, such as illegal interference by public authorities in the campaign and a high degree of bias in the media; (6) urges the Ukrainian authorities to ensure—   (A) the full transparency of election procedures before, during, and after the 2004 presidential elections; (B) free access for Ukrainian and international election observers; (C) multiparty representation on all election commissions; (D) unimpeded access by all parties and candidates to print, radio, television, and Internet media on a non-discriminatory basis; (E) freedom of candidates, members of opposition parties, and independent media organizations from intimidation or harassment by government officials at all levels via selective tax audits and other regulatory procedures, and in the case of media, license revocations and libel suits, among other measures; (F) a transparent process for complaint and appeals through electoral commissions and within the court system that provides timely and effective remedies; and (G) vigorous prosecution of any individual or organization responsible for violations of election laws or regulations, including the application of appropriate administrative or criminal penalties; (7) further calls upon the Government of Ukraine to guarantee election monitors from the ODIHR, other participating States of the OSCE, Ukrainian political parties, candidates' representatives, nongovernmental organizations, and other private institutions and organizations, both foreign and domestic, unobstructed access to all aspects of the election process, including unimpeded access to public campaign events, candidates, news media, voting, and post-election tabulation of results and processing of election challenges and complaints; and (8) pledges its enduring support and assistance to the Ukrainian people's establishment of a fully free and open democratic system, their creation of a prosperous free market economy, their establishment of a secure independence and freedom from coercion, and their country's assumption of its rightful place as a full and equal member of the Western community of democracies.

  • Advancing Democracy in Albania

    Albania is expected to hold new parliamentary elections, and further reform is viewed as key to their success.  The country has faced tremendous challenges in its democratic development since emerging from harsh communist rule and self-imposed isolation in the early 1990s. Despite highly polarized politics and splits within the Socialist camp in particular, there has been renewed progress.  Albania, nevertheless, continues to face the difficult task, common to the region, of tackling organized crime and official corruption. The Albanian Government is making efforts, for example, to combat trafficking in persons, though it remains a source and a transit country for women and children who are sexually exploited or used as forced labor elsewhere in Europe.  Meanwhile, Albania has maintained strong bilateral ties with the United States and cooperated with the international response to past regional conflicts. The country is a strong supporter of the war on terrorism and works within the framework of the Adriatic Charter, a U.S. initiative that includes Macedonia and Croatia, in laying the groundwork for further European and Euro-Atlantic integration.

  • Activists Brief Commission on the War in Chechnya, Civil Society and Military Reform in Russia

    By John Finerty CSCE Staff Advisor The United States Helsinki Commission held a briefing entitled “The War in Chechnya and Russian Civil Society” on June 17, 2004 with representatives of one of the largest and most active nongovernmental organizations in Russia, the Union of Committees of Soldiers’ Mothers of Russia. Valentina Melnikova, National Director of CSM, and Natalia Zhukova, Chairwoman of the Nizhny Novgorod Committee of CSM, briefed the Commission on their efforts to publicize and protest human rights abuses in the Russian military and the current state of civil society in Russia. Helsinki Commission Senior Advisor Elizabeth B. Pryor opened the briefing, noting concerns that President Vladimir Putin’s verbal attacks on human rights organizations and their funding sources – delivered on May 26 during his annual State of the Federation address – may indicate future trouble for Russian NGOs perceived as politically hostile to the Kremlin. Ms. Zhukova described the work of her committee and addressed the impact of Putin’s recent comments on the committee’s activities.  The Nizhny Novgorod Committee is one of 300 such bodies under the umbrella of CSM, comprising approximately 30 volunteer workers and handling nearly 2,000 requests for assistance from parents and soldiers annually.  “The problem is that most [people] have simply no idea of what’s going on in their military…because television is censored,” she said. According to Zhukova, the Nizhny Novgorod Committee also provides assistance to approximately 700 deserters annually, precipitated by “beatings, harsh hazing on the part of officers and other soldiers, a criminal environment in the unit, lack of medical assistance, cases of extortion of money, [and] use of soldiers for slave labor.”   In cooperation with the Foundation for Civil Liberties, CSM provides mediation services with authorities and legal assistance to the military deserters and their families. The Committee also works to ensure social protection for veterans of the Chechen wars with disabilities, lobbying and leading demonstrations in support of adequate allowances for wounded soldiers, and the families of those killed in action. Regarding the recent condemnation of Russian NGOs by top military and administration officials, Ms. Zhukova noted, “I can’t say that we experience direct persecution.… But after the onslaught announced by the Minister of Defense and after the State of the Nation address by President Putin, we believe that we have to expect financial pressure.” President Putin’s May 26 address, in which he accused some NGOs of serving “dubious group and commercial interests” rather than those of the Russian people, has been “viewed by the local authorities as an order,” according to Ms. Zhukova.  Since Putin’s speech, she noted, the local governor has revoked the Committee’s discount on their office rent, resulting in a tenfold cost increase.  Moreover, local funding has been depleted because “local businessmen have been so intimidated by the onslaught against us by the Ministry of Defense and by President Putin that we cannot expect anything from them,” she said. Neither does CSM receive substantial financing from abroad, Zhukova maintains, “We serve the interests of millions of Russian soldiers and their parents, defending them from arbitrary rule and lawlessness of the authorities.” Ms. Melnikova addressed the effects of the Putin administration on Russian civil society.  The Russian people, she asserted, have been deprived of both political opposition and independent media since Putin came to power.  She listed “the closed nature of the Chechen war, lack of information, [and] direct deceit of the population by the authorities,” as the negative effects of his administration’s actions.  As a result of Putin’s policies, she said, “The war in Chechnya has ceased to exist as far as the Russian public is concerned.”  Through media controls and a vigorous propaganda campaign, she said, the Russian Government has led the people to believe “that what’s going on in Chechnya is a counterterrorist operation, that we are fighting Arab mercenaries and Al Qaeda units.”  “In reality, the Chechen problem has nothing to do with international terrorism or Islamic fundamentalism…. There is no trace of stabilization in Chechnya, and there are no attempts by the Russian authorities to strive for a peaceful resolution of the problem,” Melnikova stated. Portraying the Russian military as a “decrepit, poorly managed, federally-corrupted structure,” she described the same grim situation as Ms. Zhukova.  In Chechnya, she charged, Russian officers force young men to become military criminals.  If they return from service alive, they are often psychologically or physically disabled, and abandoned by the government that sent them to Chechnya. In answer to a question by Commission Chairman Rep. Christopher H. Smith (R-NJ) regarding the recently enacted Russian legislation on alternative military service, Melnikova called the alternative civil service law “inadequate.” She noted that it requires that soldiers serve terms double the length of ordinary military service, perform tasks that do not serve civil society, and often work hundreds of miles away from home.  The panelists requested that Chairman Smith raise such issues as the fate of a bill regarding civilian control of the armed forces, which has been introduced in the State Duma, and the possibility for a second amnesty for military deserters when he meets with the Speaker of the State Duma at the OSCE Parliamentary Assembly Annual Session in early July. Chairman Smith indicated that U.S. officials have, in past meetings with Russian leaders, raised concerns about violent hazing of military conscripts.  In response, Melnikova provided Smith with recent copies of “The News of the Committee of the Soldiers’ Mothers,” featuring vivid photographs of soldiers that had suffered serious injuries as a result of such hazing.  “Russian officers do not treat their soldiers as human beings,” she said, “therefore, everything goes on as before.” Regarding the international community’s response to the Chechen conflict, Melnikova claimed: “There is not enough pressure exerted on Mr. Putin. … Ten years of war have infuriated both the Russian military and the Chechens to such an extent that we don’t see any possibility of peaceful resolution....  But I think Russia’s partners simply have to exert pressure on Putin to make him make at least some tentative steps toward peace, maybe offer some intermediate negotiations, maybe seek some mediation efforts on the part of governments or nongovernmental organizations.  At least something has to be done.” Ms. Melnikova further criticized “the active connivance of the leaders of Western countries, including the United States” as one of the key reasons for the continued restriction of human rights in Russia.  She voiced concern that Washington leaders now believe “that the Russian people don’t need democracy…. That the West supports the anti-democratic policies of the Russian authorities is simply absurd,” she said. She concluded by stating that the CSM “advocates and conducts a social campaign for military reform, for abolition of conscription and for the [establishment] of a professional armed force,” as well as for peace in Chechnya and the expansion of civilian control over the military.  The CSM provides direct aid to more than 50,000 soldiers and their families annually. Finally, Melnikova argued that the “legal slavery, chaos, and corruption at all levels of the Russian military compromises not only Russian civil society but also the strategic objectives of Russia’s allies, including nonproliferation of weapons of mass destruction.  Absent democracy,” she said, “there can be no safe Russia.” Asked about recent attacks on nongovernmental organizations by Putin administration officials, Melnikova mentioned that Putin’s criticisms were preceded by comments by the Minister of Defense and Deputy Minister of Justice to the effect that NGOs were pursuing subversive or illegal activities.  Although she hopes that NGOs will not be targeted by the national authorities, she said that the arrest of Mikhail Khodorkovsky has tempered her optimism. Responding to questions about funding from Russian oligarchs, Melnikova stated, “Oligarchs dread to touch us [because] there is always a chance that the authorities can charge any businessman with any crime and throw him in prison, and they know it.” The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Christen Broecker contributed to this article.

  • Unsolved Murder of Ukrainian Journalist Heorhiy Gongadze

    Mr. President, for nearly 4 years the case of murdered Ukrainian investigative journalist Heorhiy Gongadze has gone unsolved, despite repeated calls by the Helsinki Commission, the State Department, and the international community for a fair and impartial investigation into this case. As cochairman of the Helsinki Commission, I have met with Gongadze's widow and their young twin daughters. Besides the human tragedy of the case, the Gongadze murder is a case study of the Ukrainian authorities' utter contempt for the rule of law.   Gongadze, who was editor of the Ukrainian Internet news publication Ukrainska Pravda, which was critical of high-level corruption in Ukraine, disappeared in September 2000. His headless body was found in November of that year. That same month, audio recordings by a former member of the presidential security services surfaced that included excerpts of earlier conversations between Ukrainian President Kuchma and other senior officials discussing the desirability of Gongadze's elimination.   Earlier this week, Ukraine's Prosecutor General's office announced that Ihor Honcharov, a high-ranking police officer who claimed to have information on how Ministry of Internal Affairs officials carried out orders to abduct Gongadze, died of “spinal trauma” while in police custody last year. This came on the heels of an article in the British newspaper, The Independent, which obtained leaked confidential documents from Ukraine indicating repeated obstruction into the Gongadze case at the highest levels. Furthermore, just yesterday, Ukraine's Prosecutor General announced that investigators are questioning a suspect who has allegedly admitted to killing Gongadze.   Many close observers of the Ukrainian authorities' mishandling, obfuscation and evasiveness surrounding this case from the outset are suspicious with respect to this announcement. Just one of numerous examples of the Ukrainian authorities' obstruction of the case was the blocking of FBI experts from examining evidence gathered during the initial investigation in April 2002, after the Bureau had been invited by these authorities to advise and assist in the case and earlier had helped in identifying Gongadze's remains.   The Ukrainian parliament's committee investigating the murder has recommended criminal proceedings against President Kuchma. This committee's work has been thwarted at every turn over the course of the last several years by the top-ranking Ukrainian authorities.   A serious and credible investigation of this case is long overdue--one which brings to justice not only the perpetrators of this crime, but all those complicit in Gongadze's disappearance and murder, including President Kuchma.   Ukraine faces critically important presidential elections this October. Last month, I introduced a bipartisan resolution urging the Ukrainian Government to ensure a democratic, transparent and fair election process. Unfortunately, there have been serious problems in Ukraine's pre-election environment.   Ukraine can do much to demonstrate its commitment to democracy and the rule of law by conducting free and fair elections and fully and honestly investigating those who were behind the murder of Heorhiy Gongadze. The Ukrainian people deserve no less.  

  • Uzbekistan: Stifled Democracy, Human Rights in Decline

    The hearing will examine democratization and human rights in Uzbekistan in light of the impending decision by the Department of State whether to certify Uzbekistan to continue receiving U.S. assistance. Uzbekistan, an OSCE participating State since 1992, has been closely cooperating with the United States in the campaign against international terrorism.  There is a U.S. military base in Uzbekistan and Washington has stepped up assistance significantly since 2001.  The agreement on Strategic Partnership and Cooperation was signed by President Bush and President Karimov in March 2002. However, Uzbekistan’s human rights record has remained poor, impeding the further development of U.S.-Uzbek relations.  Late last year, the State Department decertified Uzbekistan for aid under the Cooperative Threat Reduction Program because it had not made progress toward ending police torture and other abuses.

  • Encouraging Democratic Elections in Ukraine

    Mr. Speaker, I'm pleased to join Rep. Hyde, Chairman of the International Relations Committee, in sponsoring an important resolution urging Ukraine to ensure a democratic, transparent, and fair election process for the upcoming presidential election. By urging the Ukrainian authorities to abide by their freely undertaken OSCE commitments on democratic elections, this resolution emphasizes our commitment to the Ukrainian people and the goal of Ukraine's integration into the Western community of nations.   As Chairman of the Helsinki Commission, I have been a steadfast supporter of human rights and democracy in Ukraine, and I value independent Ukraine's contribution to security and stability in Europe. The stakes in the upcoming elections are high, not only with respect to the outcome, but also as a fundamental indicator of Ukraine's democratic development.   Recent events have dramatically underscored the need for this clear statement of resolve to support a truly democratic process in Ukraine. The pre-election environment in Ukraine has been discouraging, with examples of obstacles to free assembly and free speech, the limiting of access to Radio Liberty, Voice of America and other international broadcasts, and substantial transgressions in recent parliamentary by-elections and mayoral elections.   Mr. Speaker, the most blatant of these took place just a few weeks ago in the city of Mukacheve. These elections witnessed violence, intimidation, fraud and other massive violations both of the electoral code and any standards of civilized human behavior. The mayoral elections have been roundly and rightly criticized by the United States, Europe, and the OSCE. Many observers fear that Mukacheve is a harbinger of things to come. As Chairman of the U.S. delegation to the OSCE Parliamentary Assembly, I join OSCE PA President Bruce George in calling upon Ukrainian President Kuchma to ensure a proper investigation of the violations which took place and to rectify the situation so that the will of the voters is realized.   Mr. Speaker, Ukraine remains at a crossroads. Developments with respect to democracy have been discouraging over the last few years. The elections represent a real chance for Ukraine to get back on the road to full respect for the tenets of democracy, human rights and the rule of law. The United States stands in solidarity with the people of Ukraine as they strive to achieve these essential goals.   Mr. Hyde (for himself, Mr. Smith, and Mr. Lantos) submitted the following resolution; which was referred to the International Relations Committee:   H.Con.Res. 415   Whereas the establishment of a democratic, transparent, and fair election process for the 2004 presidential election in Ukraine and of a genuinely democratic political system are prerequisites for that country's full integration into the Western community of nations as an equal member, including into organizations such as the North Atlantic Treaty Organization (NATO);   Whereas the Government of Ukraine has accepted numerous specific commitments governing the conduct of elections as a participating State of the Organization for Security and Cooperation in Europe (OSCE), including provisions of the Copenhagen Document;   Whereas the election on October 31, 2004, of Ukraine's next president will provide an unambiguous test of the extent of the Ukrainian authorities' commitment to implement these standards and build a democratic society based on free elections and the rule of law;   Whereas this election takes place against the backdrop of previous elections that did not fully meet international standards and of disturbing trends in the current pre-election environment;   Whereas it is the duty of government and public authorities at all levels to act in a manner consistent with all laws and regulations governing election procedures and to ensure free and fair elections throughout the entire country, including preventing activities aimed at undermining the free exercise of political rights;   Whereas a genuinely free and fair election requires a period of political campaigning conducted in an environment in which neither administrative action nor violence, intimidation, or detention hinder the parties, political associations, and the candidates from presenting their views and qualifications to the citizenry, including organizing supporters, conducting public meetings and events throughout the country, and enjoying unimpeded access to television, radio, print, and Internet media on a non-discriminatory basis;   Whereas a genuinely free and fair election requires that citizens be guaranteed the right and effective opportunity to exercise their civil and political rights, including the right to vote and the right to seek and acquire information upon which to make an informed vote, free from intimidation, undue influence, attempts at vote buying, threats of political retribution, or other forms of coercion by national or local authorities or others;   Whereas a genuinely free and fair election requires government and public authorities to ensure that candidates and political parties enjoy equal treatment before the law and that government resources are not employed to the advantage of individual candidates or political parties;   Whereas a genuinely free and fair election requires the full transparency of laws and regulations governing elections, multiparty representation on election commissions, and unobstructed access by candidates, political parties, and domestic and international observers to all election procedures, including voting and vote-counting in all areas of the country;   Whereas increasing control and manipulation of the media by national and local officials and others acting at their behest raise grave concerns regarding the commitment of the Ukrainian authorities to free and fair elections;   Whereas efforts by the national authorities to limit access to international broadcasting, including Radio Liberty and the Voice of America, represent an unacceptable infringement on the right of the Ukrainian people to independent information;   Whereas efforts by national and local officials and others acting at their behest to impose obstacles to free assembly, free speech, and a free and fair political campaign have taken place in Donetsk, Sumy, and elsewhere in Ukraine without condemnation or remedial action by the Ukrainian Government;   Whereas numerous substantial irregularities have taken place in recent Ukrainian parliamentary by-elections in the Donetsk region and in mayoral elections in Mukacheve, Romny, and Krasniy Luch; and   Whereas the intimidation and violence during the April 18, 2004, mayoral election in Mukacheve, Ukraine, represent a deliberate attack on the democratic process: Now, therefore, be it   Resolved, That the House--   (1) acknowledges and welcomes the strong relationship formed between the United States and Ukraine since the restoration of Ukraine's independence in 1991;   (2) recognizes that a precondition for the full integration of Ukraine into the Western community of nations, including as an equal member in institutions such as the North Atlantic Treaty Organization (NATO), is its establishment of a genuinely democratic political system;   (3) expresses its strong and continuing support for the efforts of the Ukrainian people to establish a full democracy, the rule of law, and respect for human rights in Ukraine;   (4) urges the Government of Ukraine to guarantee freedom of association and assembly, including the right of candidates, members of political parties, and others to freely assemble, to organize and conduct public events, and to exercise these and other rights free from intimidation or harassment by local or national officials or others acting at their behest;   (5) urges the Government of Ukraine to meet its Organization for Security and Cooperation in Europe (OSCE) commitments on democratic elections and to address issues previously identified by the Office of Democratic Institutions and Human Rights (ODIHR) of the OSCE in its final reports on the 2002 parliamentary elections and the 1999 presidential elections, such as illegal interference by public authorities in the campaign and a high degree of bias in the media;   (6) urges the Ukrainian authorities to ensure--   (A) the full transparency of election procedures before, during, and after the 2004 presidential elections;   (B) free access for Ukrainian and international election observers;   (C) multiparty representation on all election commissions;   (D) unimpeded access by all parties and candidates to print, radio, television, and Internet media on a non-discriminatory basis;   (E) freedom of candidates, members of opposition parties, and independent media organizations from intimidation or harassment by government officials at all levels via selective tax audits and other regulatory procedures, and in the case of media, license revocations and libel suits, among other measures;   (F) a transparent process for complaint and appeals through electoral commissions and within the court system that provides timely and effective remedies; and   (G) vigorous prosecution of any individual or organization responsible for violations of election laws or regulations, including the application of appropriate administrative or criminal penalties;   (7) further calls upon the Government of Ukraine to guarantee election monitors from the ODIHR, other participating States of the OSCE, Ukrainian political parties, candidates' representatives, nongovernmental organizations, and other private institutions and organizations, both foreign and domestic, unobstructed access to all aspects of the election process, including unimpeded access to public campaign events, candidates, news media, voting, and post-election tabulation of results and processing of election challenges and complaints; and   (8) pledges its enduring support and assistance to the Ukrainian people's establishment of a fully free and open democratic system, their creation of a prosperous free market economy, their establishment of a secure independence and freedom from coercion, and their country's assumption of its rightful place as a full and equal member of the Western community of democracies.

  • Presidential Elections Critical to Ukrainian Democracy

    Mr. President, as Co-Chairman of the Helsinki Commission, I submit today a resolution urging the Government of Ukraine to ensure a democratic, transparent and fair election process for the presidential elections scheduled to be held in late October. An identical resolution is being submitted by Chairman of the House International Relations Committee Henry Hyde and my colleague and Chairman of the Helsinki Commission, Representative Chris Smith. I am pleased to note that the Commission's Ranking Member, Mr. Dodd, and the Ranking Member of the Committee on Foreign Relations, Mr. Biden, are original cosponsors of the resolution.   The Helsinki Commission, which has long monitored and encouraged human rights, rule of law and democracy in Ukraine, continues to be a stalwart supporter of Ukraine's development as an independent, democratic and market-oriented state. There is a genuine desire in the United States for Ukraine to succeed in this process and for the long-suffering Ukrainian people to fully realize their dreams and aspirations. This resolution, by encouraging fair, open and transparent elections, is a concrete expression of the commitment of the U.S. Congress to the Ukrainian people.   The resolution underscores that an election process and the establishment of a genuinely democratic political system consistent with Ukraine's freely-undertaken OSCE commitments is a prerequisite for Ukraine's full integration into the Western community of nations as an equal member, including into NATO. The October elections will be vital in determining Ukraine's course for years to come and they present the Ukrainian authorities with a real opportunity to demonstrate their commitment to OSCE principles and values.   Unfortunately, Ukraine's pre-election environment has already been decidedly problematic and of increasing concern to the United States and the international community. During the course of this year I have shared specific concerns with Senate colleagues, particularly in terms of the media. The resolution submitted today focuses squarely on key problem areas, including increasing control and manipulation of the media and attempts by national authorities to limit access to international broadcasting, including Radio Liberty and Voice of America. Among other concerns are the blatant obstacles to free assembly and a free and fair political campaign as well as substantial irregularities in several recent elections.   An egregious example of how not to conduct elections was the mayoral election held two weeks ago in the western Ukrainian city of Mukacheve. This election was marred by intimidation, violence, fraud and manipulation of the vote count, electoral disruptions and irregularities. Despite strong evidence indicating that a candidate from the democratic opposition “Our Ukraine” bloc had won, the territorial elections commission announced as winner the candidate of a party led by the head of Presidential Administration, Viktor Medvedchuk. That some of the abuses and violence took place in front of OSCE observers, and that some of the victims of violence were members of the Ukrainian parliament, only underscores the brazenness of these actions. The outlandish conduct of the Mukacheve elections not only casts doubt over their outcome, but when coupled with other recent problematic elections, including in Constituency No. 61 in Donetsk, could be a barometer for the October presidential elections.   The resolution I submit today outlines those measures the Ukrainian authorities need to take--consistent with their own laws and international agreements--for a free, fair, open and transparent election process. The Ukrainian authorities at all levels, including the executive, legislative and judicial branches, need to ensure an election process that enables all of the candidates to compete on a level playing field. This includes the various institutions and agencies involved directly or indirectly in the elections process, such as the Central Election Commission, the Ministry of Internal Affairs, Procuracy, the State Security Service (SBU), Tax Administration, as well as the Constitutional and Supreme Courts.   Ukraine's October presidential elections should be a watershed for the future direction of that country of great potential. It is abundantly clear that a small clique have a vested interest in perpetuating the outmoded status quo. Ukrainian authorities need to radically improve the election environment if there is to be hope for these elections to meet OSCE standards. The question is whether their perceived self-interest will trump the interest of the people of Ukraine. Having restored the independence of their proud land, the Ukrainian people deserve an opportunity to overcome the legacy of the past, and consolidate democracy, human rights and the rule of law.   Mr. Campbell (for himself, Mr. Dodd, and Mr. Biden) submitted the following resolution; which was referred to the Committee on Foreign Relations:   S.Con.Res. 106   Whereas the establishment of a democratic, transparent, and fair election process for the 2004 presidential election in Ukraine and of a genuinely democratic political system are prerequisites for that country's full integration into the Western community of nations as an equal member, including into organizations such as the North Atlantic Treaty Organization (NATO);   Whereas the Government of Ukraine has accepted numerous specific commitments governing the conduct of elections as a participating State of the Organization for Security and Cooperation in Europe (OSCE), including provisions of the Copenhagen Document;   Whereas the election on October 31, 2004, of Ukraine's next president will provide an unambiguous test of the extent of the Ukrainian authorities' commitment to implement these standards and build a democratic society based on free elections and the rule of law;   Whereas this election takes place against the backdrop of previous elections that did not fully meet international standards and of disturbing trends in the current pre-election environment;   Whereas it is the duty of government and public authorities at all levels to act in a manner consistent with all laws and regulations governing election procedures and to ensure free and fair elections throughout the entire country, including preventing activities aimed at undermining the free exercise of political rights;   Whereas a genuinely free and fair election requires a period of political campaigning conducted in an environment in which neither administrative action nor violence, intimidation, or detention hinder the parties, political associations, and the candidates from presenting their views and qualifications to the citizenry, including organizing supporters, conducting public meetings and events throughout the country, and enjoying unimpeded access to television, radio, print, and Internet media on a non-discriminatory basis;   Whereas a genuinely free and fair election requires that citizens be guaranteed the right and effective opportunity to exercise their civil and political rights, including the right to vote and the right to seek and acquire information upon which to make an informed vote, free from intimidation, undue influence, attempts at vote buying, threats of political retribution, or other forms of coercion by national or local authorities or others;   Whereas a genuinely free and fair election requires government and public authorities to ensure that candidates and political parties enjoy equal treatment before the law and that government resources are not employed to the advantage of individual candidates or political parties;   Whereas a genuinely free and fair election requires the full transparency of laws and regulations governing elections, multiparty representation on election commissions, and unobstructed access by candidates, political parties, and domestic and international observers to all election procedures, including voting and vote-counting in all areas of the country;   Whereas increasing control and manipulation of the media by national and local officials and others acting at their behest raise grave concerns regarding the commitment of the Ukrainian authorities to free and fair elections;   Whereas efforts by the national authorities to limit access to international broadcasting, including Radio Liberty and the Voice of America, represent an unacceptable infringement on the right of the Ukrainian people to independent information;   Whereas efforts by national and local officials and others acting at their behest to impose obstacles to free assembly, free speech, and a free and fair political campaign have taken place in Donetsk, Sumy, and elsewhere in Ukraine without condemnation or remedial action by the Ukrainian Government;   Whereas numerous substantial irregularities have taken place in recent Ukrainian parliamentary by-elections in the Donetsk region and in mayoral elections in Mukacheve, Romny, and Krasniy Luch; and   Whereas the intimidation and violence during the April 18, 2004, mayoral election in Mukacheve, Ukraine, represent a deliberate attack on the democratic process: Now, therefore, be it   Resolved, That the Senate--   (1) acknowledges and welcomes the strong relationship formed between the United States and Ukraine since the restoration of Ukraine's independence in 1991;   (2) recognizes that a precondition for the full integration of Ukraine into the Western community of nations, including as an equal member in institutions such as the North Atlantic Treaty Organization (NATO), is its establishment of a genuinely democratic political system;   (3) expresses its strong and continuing support for the efforts of the Ukrainian people to establish a full democracy, the rule of law, and respect for human rights in Ukraine;   (4) urges the Government of Ukraine to guarantee freedom of association and assembly, including the right of candidates, members of political parties, and others to freely assemble, to organize and conduct public events, and to exercise these and other rights free from intimidation or harassment by local or national officials or others acting at their behest;   (5) urges the Government of Ukraine to meet its Organization for Security and Cooperation in Europe (OSCE) commitments on democratic elections and to address issues previously identified by the Office of Democratic Institutions and Human Rights (ODIHR) of the OSCE in its final reports on the 2002 parliamentary elections and the 1999 presidential elections, such as illegal interference by public authorities in the campaign and a high degree of bias in the media;   (6) urges the Ukrainian authorities to ensure--   (A) the full transparency of election procedures before, during, and after the 2004 presidential elections;   (B) free access for Ukrainian and international election observers;   (C) multiparty representation on all election commissions;   (D) unimpeded access by all parties and candidates to print, radio, television, and Internet media on a non-discriminatory basis;   (E) freedom of candidates, members of opposition parties, and independent media organizations from intimidation or harassment by government officials at all levels via selective tax audits and other regulatory procedures, and in the case of media, license revocations and libel suits, among other measures;   (F) a transparent process for complaint and appeals through electoral commissions and within the court system that provides timely and effective remedies; and   (G) vigorous prosecution of any individual or organization responsible for violations of election laws or regulations, including the application of appropriate administrative or criminal penalties;   (7) further calls upon the Government of Ukraine to guarantee election monitors from the ODIHR, other participating States of the OSCE, Ukrainian political parties, candidates' representatives, nongovernmental organizations, and other private institutions and organizations, both foreign and domestic, unobstructed access to all aspects of the election process, including unimpeded access to public campaign events, candidates, news media, voting, and post-election tabulation of results and processing of election challenges and complaints; and   (8) pledges its enduring support and assistance to the Ukrainian people's establishment of a fully free and open democratic system, their creation of a prosperous free market economy, their establishment of a secure independence and freedom from coercion, and their country's assumption of its rightful place as a full and equal member of the Western community of democracies.

  • Helsinki Commission Briefing Highlights OSCE's Military Dimension of Security

    By Bob Hand CSCE Staff Advisor The United States Helsinki Commission held a briefing February 11, 2004 to review the work of the Organization for Security and Cooperation in Europe’s Forum for Security Cooperation, particularly during the period in late 2003 when the United States chaired the FSC. The purpose of the briefing was to gauge how the OSCE is responding to the latest changes in the security environment, such as the war on terrorism, weapons proliferation, and regional conflicts involving OSCE states.  The briefing featured James Cox, the Chief Arms Control Delegate of the United States to the OSCE in Vienna. Helsinki Commission Senior Advisor Elizabeth B. Pryor opened the briefing, noting the OSCE’s well-known contribution to security through the promotion of human rights and democratic change.  She stressed, however, that the military dimension of the OSCE should not be overlooked. “Measures such as advance notification of troop maneuvers and observation of military exercises have become such a part of our way of interacting that we too frequently take such transparency for granted,” Ms. Pryor stated.  Capitalizing on the dramatic changes in Europe in the 1990s, the OSCE “expanded the degree of military openness, then encouraged further reductions in force levels and equipment, and placed military institutions under democratic civilian control.” Mr. Cox began by describing the FSC’s creation in 1992 to respond to military questions in the post-Cold War era, such as the change in force levels and the significant shift in the security environment.  Among other things, the Forum has been tasked to establish a web of arms control agreements and confidence- and security-building measures.  The FSC also pursues the implementation of these agreements, develops a security dialogue, and considers norms and standards on such politico-military features of security as civilian control of armed forces and adherence to international humanitarian law. The OSCE made crucial steps toward addressing new threats to security and stability in the 21st century when the United States held the FSC chairmanship from September to December of 2003.  These steps were taken with the realization that the FSC now must expand beyond the limits of arms control and confidence- and security-building measures.   Mr. Cox stressed that the FSC needs to broaden its focus not only to address interstate relations between armed forces of OSCE participating States, but also non-OSCE States.  New security threats to the OSCE region include non-state actors, terrorism, proliferation, and organized crime. Under the United States’ chairmanship, the FSC highlighted the proliferation of arms, the control of man-portable air defense systems, and civil-military emergency preparedness.  With regard to non-proliferation, the United States hosted a number of speakers to suggest ways to curb the spread of weapons of mass destruction. Effective and comprehensive controls for MANPADS were discussed, highlighting the threat posed by these weapons to civil aviation.  The FSC encouraged the participating States to prevent illicit transfers of MANPADS by destroying excess devices.  In addition, the EU, NATO, and UN speakers, and others were invited to the FSC to discuss their disaster response procedures. The OSCE’s Document on Small Arms and Light Weapons, or SALW, contains provisions for the destruction of excess MANPADS.  The provisions also allows states to request assistance on the security and management of stockpiles, encourage the establishment of border controls in order to reduce the transfer of small arms, and provide for the disposal of light arms.  Mr. Cox also discussed initiatives addressing management and destruction of excess stockpiles of ammunition and explosive material, both through better management and destruction.  In closing his presentation, Cox asserted that progress has been made in all spheres of European security, but he did not want to leave “too rosy a picture.”  The FSC is a consensus body which, by its nature, limits what any one country can achieve and has no enforcement capability. Nevertheless, he stressed that the FSC is useful to the 55 participating OSCE countries because it has norm and standard setting capabilities and provides a forum to discuss issues of national interest. During a question-and-answer period, a question was asked about the stance of FSC participants that may be hiding their weapons and stockpiles.  Mr. Cox reiterated that although the FSC has no enforcement capability, its politically binding decisions are to be taken very seriously.  Positive developments have occurred with recent requests for clean-up disarmament assistance, including by Belarus. Another issue raised was the failure of Russia to implement commitments adopted at the 1999 Istanbul OSCE Summit with respect to Moldova and Georgia.  The Istanbul commitments require Russia to remove troops and arsenals from Moldova and close military bases in the Republic of Georgia.  To this day, Russian troops and weapons remain in Moldova and Georgia.  Mr. Cox affirmed that these issues are raised in Vienna.  A related issue is OSCE peacekeeping.  As Cox explained, the notion of OSCE peacekeeping would be difficult to undertake, as the organization lacks the necessary infrastructure to conduct such operations.  Compared to NATO forces and European Union efforts to take on these operations, peacekeeping is on the low end of FSC considerations, and there has been no agreement to go beyond the original OSCE language on the matter developed in 1992. In response to a question regarding Russian military conduct in Chechnya, Cox noted that this is usually discussed as a human rights issue at the Permanent Council.  He did note, however, initiatives within the military dimension, including a Swedish request to observe a Russian military exercise in Dagestan, neighboring Chechnya, which Moscow denied on security grounds, are addressed in the FSC. Finally, Cox was asked about the focus of the 2004 Annual Security Review Conference.   He predicted this second meeting will center on the implementation of counterterrorism measures, including commitments agreed at the Maastricht Ministerial, and further enhancing border security.  The first ASRC was held in 2003 to review select issues such as organized crime, arms trafficking, and terrorism.  It also encouraged the adoption of biometric standards for travel documents as a means to improve border security. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. United States Helsinki Commission Interns Colby Daughtry and Erin Carden contributed to this article.

  • Helsinki Commission Hearing Reviews Bulgaria’s Leadership of the OSCE

    His Excellency Solomon Passy, Foreign Minister of Bulgaria and Chair-in-Office of the OSCE testified in front of the Commission on Security and Cooperation in Europe, chaired by the Honorable Christopher Smith (NJ-04).  Passy’s testimony regarded the OSCE’s program for 2004 under Bulgaria’s leadership. Passy stated that implementations of OSCE commitments would top the agenda for Bulgaria’s Chairmanship of the OSCE. The hearing covered the conflict in Chechnya; OSCE efforts to resolve the Transdniestrian conflict and “frozen conflicts” in the Caucasus; OSCE efforts to combat anti-Semitism and human trafficking; the situation in Central Asia; and promoting respect for human rights and democratic values throughout the OSCE region.  Passy also spoke about Bulgaria’s experience with its own transition to democracy and its ongoing human rights efforts.

  • The Bulgarian Leadership of the OSCE

    This hearing, which Representative Christopher H. Smith presided over, focused on the Bulgarian Chairmanship of the OSCE, which had begun in for January 2004 and would continue for a year. The hearing specifically reviewed the OSCE’s program for 2004 under Bulgaria’s leadership. Solomon Passy, witness at the hearing, said that implementation of OSCE commitments would top the agenda for Bulgaria’s OSCE Chairmanship. Specific issues that attendees discussed included the Chechnyan conflict, OSCE efforts to revoke the Transdniestrian conflict, work to resolve the “frozen conflicts” in the Caucasus, efforts to combat anti-Semitism and human trafficking, the situation in Central Asia, and promoting respect for human rights and democratic values throughout the OSCE region.

  • Radio Liberty Stifled in Ukraine

    Mr. President, several weeks ago, I addressed the Senate, in my capacity as Co-Chairman of the Helsinki Commission, on critical Presidential elections scheduled to be held later this year in Ukraine. In the latest twist in the lead up to those elections, yesterday Radio Liberty was abruptly informed that its Ukrainian Service programming would be removed from its major radio broadcaster’s FM schedule, beginning February 17. In a press release, RFE/RL President Tom Dine said, "This is a political act against liberal democracy, against free speech and press, against RFE/RL, and shows, once again, that Ukraine's political leadership is unable to live in an open society and is compelled to 'control' the media as if it were the good old days of the Soviet Union."                                         This is not the first time that there has been official Ukrainian pressure to drop RFE/RL broadcasting since September 2001, shortly after the murder of independent journalist Heorhiy Gongadze and the release of secretly-recorded tapes in Ukrainian President Kuchma's office implicating him and other high-ranking officials in the disappearance, corruption, and other dubious actions. Radio Liberty covers these and many issues about life in Ukraine, serving as an objective source of information in a media environment increasingly dominated by these authorities. In the past I have spoken out about Ukraine's troubled pre-election environment, including its media environment. This latest move, together with repressive measures against the democratic opposition and independent media over the course of the last few months, raise profound questions as to whether the October presidential elections will be free, fair, open, and transparent, in a manner consistent with Ukraine's freely undertaken OSCE and other international commitments. Effectively unplugging an important independent source of information does not bode well for democracy in Ukraine.

  • Troubling Pre-Election Developments in Ukraine

    Mr. President, as Co-Chairman of the Helsinki Commission and the sponsor of the 2002 Senate-passed resolution urging the Ukrainian Government to ensure a democratic, transparent and fair election process in advance of their parliamentary elections, I find recent developments relating to upcoming presidential elections in Ukraine deeply troubling.   Ten months before these critical elections, a constitutional amendment is making its way through the Ukrainian parliament designed to ensure that the current, corruption riddled powers-that-be retain their grip on power, neutralizing the leader of the biggest democratic fraction in parliament and Ukraine’s most popular politician, Victor Yushchenko. The amendment calls for abbreviating the presidential term for the October 2004 elections to two years, with the election of a president by the parliament in 2006, notwithstanding opinion polls indicating that the overwhelming majority of Ukrainians support preserving direct presidential elections. This amendment had been approved by Ukraine’s Constitutional Court in a decision which has led many observers both within and outside of Ukraine to question the independence of the Court. The Court’s decision a few weeks ago to allow President Kuchma to run for a third term - despite the 1996 constitution’s two-term limit, has only raised more questions.   Media repression continues, including the issuance of directives sent to media by the Presidential Administration on what and how issues and events should be covered, especially in the electronic media. A recent Freedom House report concludes that "the current state of affairs of Ukraine’s media raises serious questions as to whether a fair and balanced electoral contest can be held." Newspapers critical of the authorities are subjected to various methods of repression, including attacks against journalists, arrests of publishers, "special attention" via tax inspections, administrative controls over distribution and pressure on advertisers.   Mr. President, at the same time, administrative measures are being taken to prevent lawful political activity, the starkest example of which was the disruption - instigated by the authorities - of a national congress of the Yushchenko-led Our Ukraine bloc in Donetsk last November. Most recently, a presidential decree dismissed the elected Our Ukraine mayor of Mukachevo - despite a ruling by the Supreme Court which confirmed that he had been elected in a legitimate way. In a telling twist, an acting mayor from the political party led by the head of the Presidential Administration, Victor Medvedchuk, has been installed.   As Co-Chairman of the Helsinki Commission, I share the concern of colleagues on both sides of the aisle that the presidential election in Ukraine scheduled for October be free, fair, open and transparent and conducted in a manner consistent with Ukraine’s freely-undertaken commitments as a member of the Organization for Security and Cooperation in Europe (OSCE). The Helsinki Commission, consistent with our mandate to monitor and encourage compliance with OSCE agreements by all participating States, will continue to follow the situation in Ukraine closely.   Mr. President, I ask unanimous consent that the text of a recent Washington Post editorial on troubling pre-election developments in Ukraine be included in the Record. Thank you, Mr. President.   There being no objection, the material was ordered to be printed in the Record, as follows:   [From the Washington Post, Jan. 12, 2004] A Resolution for Ukraine   According to Secretary of State Colin L. Powell, the Bush administration's first foreign policy resolution for 2004 is "to expand freedom." And not only in Iraq and the Middle East: In an op-ed article published in the New York Times, Mr. Powell promised to support "the consolidation of freedom in many new but often fragile democracies . . . in Latin America, Europe, Asia and Africa." We hope that support will extend beyond the rhetoric that too often has substituted for genuine democratic advocacy during President Bush's first three years, and that it will be applied even where the United States has interests that make toleration of autocracy tempting.   One region where such U.S. engagement, or its absence, might prove decisive is the band of former Soviet republics to the west and south of Russia. Several are struggling democracies; others are ruled by autocrats. Almost all are under threat from Moscow's resurgent imperialism. As the tiny state of Georgia recently demonstrated, democracy is the best defense against Russian President Vladimir Putin's attempts to create a Kremlin-dominated sphere of influence. Countries that have held free and fair elections have tended to gravitate toward strengthening their independence and seeking good relations with the West, while unstable autocrats are more likely to yield to Mr. Putin.   The country closest to a tipping point may be Ukraine. Like Russia, Ukraine has an electoral democracy tainted by corruption and strong-arm tactics and an economy warped by clans of oligarchs. Much of its population, however, aspires to integration with the West. President Leonid Kuchma has been linked to corruption and serious human rights violations. In recent months he has been moving steadily closer to Mr. Putin, allowing a Russian takeover of much of Ukraine's energy industry and signing an economic integration treaty.   Now Mr. Kuchma appears to be looking for ways to curtail Ukraine's democracy so that he can prolong his own hold on power when his term expires this year. Last month his allies in Parliament pushed through the first draft of a constitutional amendment that would cut short the term of the president due to be elected in October and provide that future presidents be chosen by Parliament, where Mr. Kuchma's forces retain control. Then the judges he appointed to the Supreme Court ruled that the constitution's two-term limit does not prevent Mr. Kuchma from serving again. The president's cronies protest that they are only moving the country toward a more parliament-centered system, and Mr. Kuchma coyly says he has not "yet" decided to seek another term. But the effect of his moves would be to neutralize the country's most popular leader, Viktor Yushchenko, who, polls say, would win the next presidential election if it were fairly held.   More than Mr. Kuchma's quest for continued power is at stake. Mr. Yushchenko is popular precisely because he is associated with those Ukrainians who seek to consolidate an independent democracy and move the country toward integration with Europe. Mr. Putin surely will be sympathetic to Mr. Kuchma's subversion of the system. The question is whether the Bush administration will work with Western Europe to mount an effective counter. Freedom could be consolidated this year in Ukraine or slip away. The outcome may just depend on how well Mr. Powell keeps his resolution.

  • Strong Substance, Potent Politics Mark Historic Maastricht OSCE Ministerial Council

    By Elizabeth B. Pryor, CSCE Senior Advisor The Organization for Security and Cooperation in Europe (OSCE) once again demonstrated its ability to promote candid political discussion and take prescient decisions when the Eleventh OSCE Ministerial Council met December 1-2, 2003. The meeting took place in Maastricht, the Netherlands, capping the Dutch chairmanship of the OSCE, under the leadership of Foreign Minister Jaap de Hoop Scheffer. Ministers and other senior officials from the 55 OSCE states engaged in extensive consultations and approved an impressive array of action programs and strategic initiatives. Members of the OSCE Parliamentary Assembly, including Helsinki Commissioner Rep. Alcee L. Hastings (D-FL), and representatives of OSCE partner states and other affiliated organizations joined them. Secretary of State Colin Powell led the United States delegation. The Ministerial meeting was historic, not only for the quantity and quality of the decisions it took, but because it signaled a move away from defining the organization solely on the basis of broad formalized statements. The flexibility of the organization was also on display. When one participating state threatened a veto on jointly agreed political positions, the Chairman and other members turned it into an opportunity to forcefully reiterate their determination to see conflicts resolved through the standards set in OSCE agreements. They also intensified the pressure to fulfill previously taken commitments. The result was a stronger expression of collective political will than might have been made in a compromise document. By moving beyond the predictable rhetoric of a communiqué, the OSCE underscored its own political vitality and the unique platform it offers for frank debate and creative political action. The Maastricht Ministerial took place in the wake of Georgia’s "Revolution of the Roses" and was attended by the Acting President of Georgia, Nino Burjanadze. That situation, and growing concern over disputes in the Transdniestria region of Moldova, produced frank comments from the Ministers, opening the way for real dialogue on the issues and an expression of international concern that was impossible to ignore. Secretary Powell was among those who used the unconstrained OSCE stage to address issues directly. He cautioned that no support would "be given to breakaway elements seeking to weaken Georgia’s territorial integrity" and called for international support for the new elections to be held January 4, 2004. The European Union, and Dutch OSCE Chairman echoed this, voicing their own warnings against interference in Georgia’s democratic development. The Chairman also strongly reasserted the OSCE’s role in deliberations over the political future of Transdniestria. He was joined by many of the Ministers, who took exception to Russian efforts to broker an inequitable accord outside of the internationally coordinated mediation process. While applauding some progress on arms reductions by Russia in Transdniestria, the U.S. delegation, as well as many others, spoke forthrightly of the need to fulfill all provisions of the 1999 Istanbul agreement which called for the complete withdrawal of Russian forces from Moldova. Even when given an extension to withdraw by December 31, 2003, no progress has been made. The exchange also gave Russia the opportunity to express its viewpoint: that ratification of the revised Treaty on Conventional Armed Forces in Europe (CFE) was being held up over the implementation of the Istanbul commitments and that the collapse of its diplomatic initiative in Moldova would delay any chance of reaching a settlement. The initiatives unanimously agreed by the Ministers reflect the OSCE’s dedication to strong standard setting and innovative yet practical solutions for entrenched problems. The decisions taken on security issues continue OSCE’s long tradition of crafting action-oriented agreements with low political cost and long-term stabilizing effects. The development of more secure travel documents, export controls on portable air defense systems, "best practices" for the transfer of small arms and new measures for the destruction of stockpiles of ammunition are among the most robust set of security decisions taken in recent years by any international organization. The United States welcomed these decisions and praised the OSCE’s work as an example of effective multilateralism. These concrete action programs were coupled with a comprehensive strategy for addressing the changing security environment of the 21st century. The holistic OSCE approach to stability is evident in this document, which encompasses everything from arms control to environmental concerns and fighting corruption. "The [Helsinki] Final Act tells us that lasting security requires not just respect for the sovereignty of states, but also respect for the integrity of human beings," noted Secretary Powell in Maastricht. In keeping with this integrated approach to security, the OSCE agreed to a strategic roadmap for tackling the difficult problem of trafficking in human beings. The OSCE Action Plan is the most detailed blueprint devised by any international organization; in Maastricht Ministers decided to appoint a Special Representative to ensure that its provisions are carried out. In addition, the OSCE approved a comprehensive policy for improving the situation of Roma and Sinti, the first of its kind in the region. They also strengthened their commitment to an enhanced economic and environmental work plan. In a matter of particular interest to numerous Helsinki Commissioners, the Maastricht Ministerial formally welcomed the offer by Germany to host a conference on anti-Semitism in Berlin. Belgium will host a meeting on racism, xenophobia and discrimination. In a letter to Secretary Powell in the lead up to the ministerial, Commissioners urged U.S. leadership in securing agreement on the German proposal as well as other areas of particular concern, including disturbing developments in Turkmenistan, Chechnya, Belarus and severe limitations placed on minority religious communities in some parts of the region. "The United States’ leadership is essential to secure consensus on initiatives on combating anti-Semitism and racism; human trafficking; internally displaced persons; corruption and international crime; cooperation with the ICTY; withdrawal of foreign forces from Moldova; and the Annual Security Review Conference," Commissioners wrote. Ministers also addressed the wider sharing of OSCE norms, principles and commitments with others, pledging to identify additional fields of cooperation and interaction with OSCE Mediterranean and Asian Partners for Cooperation. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce.

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