Title

Ukraine's Fight Against Corruption

Wednesday, November 29, 2017
1:00pm
Dirksen Senate Office Building, Room 562
Washington, DC
United States
Moderator(s): 
Name: 
Paul Massaro
Title Text: 
Policy Advisor
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Oksana Shulyar
Title: 
Deputy Chief of Mission
Body: 
Embassy of Ukraine in the United States
Name: 
Orest Deychakiwsky
Title: 
Former Policy Advisor for Ukraine
Body: 
Commission on Security and Cooperation in Europe
Name: 
Dr. Anders Aslund
Title: 
Senior Fellow
Body: 
Atlantic Council
Name: 
Brian Dooley
Title: 
Senior Advisor
Body: 
Human Rights First

Today, Ukraine has an historic opportunity to overcome its long struggle with pervasive corruption. Never before in its past has the country experienced such meaningful reforms, with the most significant being the establishment of a robust and independent anticorruption architecture. However, much remains to be done. An anticorruption court is urgently needed, as is an end to the escalating harassment of civil society.

This briefing of the U.S. Helsinki Commission introduced the Commission’s recently published report, “The Internal Enemy: A Helsinki Commission Staff Report on Corruption in Ukraine.” Briefers discussed the conclusions of this report as well as the fight against corruption in Ukraine more broadly.

Relevant issues: 
Relevant countries: 
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  • Congratulating the People of Ukraine

    Mr. Speaker, I want to thank the gentleman from California (Mr. Lantos) and the gentleman from Illinois (Mr. Hyde) for their leadership on bringing this resolution forward. It is a very important moment in the history of the Ukraine.   I also want to congratulate my colleague, the gentleman from New Jersey (Mr. Smith) for his leadership on the Helsinki Commission that has consistently raised the issue of fair and transparent elections among the member states for the Organization of Security and Cooperation in Europe.   I want to congratulate Viktor Yushchenko and the people of the Ukraine on the fair and transparent run-off elections on December 26. What is very noteworthy is just 5 weeks earlier, that country had a run-off election that was marked by widespread fraud.   After that election on November 21, something happened in the Ukraine. The spirit of democracy that we have seen in so many of the former republics of the Soviet Union finally made its way to the Ukraine. The support from the United States was instrumental in bringing about a change in the Ukraine. The support within the OSCE in insisting that its member states comply with requirements of the fair and transparent elections also helped. The will of the people prevailed.   All of us remember what happened in Independence Square in Kiev known as the Orange Revolution. It gave strength to their country to seek freedom and fair elections. It gave strength to their institutions, and on December 3, the Supreme Court ruled the November 21 election invalid.   Now the Ukraine has followed the lead of the former Soviet republic Georgia in their Revolution of Roses to bring about a fair election process, but, Mr. Speaker, there is a hard task ahead. They have to overcome the dual legacy of corruption and disregard for the rule of law.   I know I speak for every person of this Chamber that if Ukraine follows the path of democracy and respect for human rights, as they showed in this past election, they will have this body, they will have this Nation on their side as they fight to develop a democratic system within their country.   I applaud this resolution. I strongly support it. I urge my colleagues to support it.

  • Congratulating the People of Ukraine (Smith)

    Mr. Speaker, I thank the chairman, the gentleman from Illinois (Chairman Hyde), for his leadership on Ukraine and on so many other important human rights issues around the world. And for the resolution that he offered and gave us the opportunity to vote on in the latter part of last year, calling on the Ukrainian Government to respect the democracy process and to have a fair and free election which, thankfully, on the second go around, they indeed did.  I also want to thank Chairman Hyde for H. Con. Res. 16, which gives us as a body the opportunity to congratulate the people of Ukraine for conducting a democratic, transparent, and fair run-up election. The historic triumph of the Ukrainian people, Mr. Speaker, in what has come to be known around the world as the Orange Revolution, did not come about easily. There were many moments of uncertainty.  Congratulations to Victor Yushchenko on his election as Ukraine's president. President Yushchenko displayed remarkable personal courage and dignity as he led the struggle for democracy and freedom, despite the debilitating dioxin poisoning attempt on his life and numerous other attempts that were designed to thwart him. He deserves our admiration for his incredible persistence in carrying out the fight for Ukraine's democratic future.  Mr. Speaker, I chaired the Helsinki Commission during the last 2 years, and we followed very closely the developments in Ukraine. We ourselves tried to influence and to bring to light many of the problems associated with the run-up to the election and the first election which thankfully was nullified. In various statements and speeches leading up to that election, and in hearings of the commission we noted that this election when conducted freely and fairly was perhaps the most important event in Ukraine since the restoration of independence.  Accordingly, we sent members of the commission staff to Ukraine to act as poll watchers to try to ensure that ballot stuffing and a myriad of devices used to steal an election did not happen.  I would also point out to my friends that in a remarkable display of people power, more than a million Ukrainians took to the streets of Kiev and elsewhere in a historic, peaceful and well-organized protest, a protest that caught the attention and the imagination of the world, and many people in dictatorships noted as well. This people power intention was to compel a second election. We got the run-off election, and thankfully, that was judged to be free and fair, and the outcome is beyond dispute.  With the stunning success of the Orange Revolution, Mr. Speaker, Ukraine is now firmly on the path to fulfill its quest to become a thriving democracy in which human rights are honored and the rule of law prevails. The model of Putin's Russia or Lukashenka's Belarus have been rejected resolutely by the Ukrainian people. Ukraine has made its choice for democracy and freedom and for integration with the Euro-Atlantic community versus reintegration with Eurasia, with all of the implications of that choice for Ukraine's independence and its freedom.  Mr. Speaker, throughout much of the 20th century, the Ukrainian people were the victims of unspeakable suffering, most notably the genocidal Ukrainian famine of the early 1930s, perpetrated by brutal dictatorships and various invaders. Toward the end of that century, the promise of renewed independence, for which so many had sacrificed, at long last came to fruition. The Orange Revolution and the victory of Viktor Yushchenko have brought Ukraine its freedom and, despite the formidable challenges that lie ahead, the true promise of a bright future.  Mr. Speaker, finally, while listening to President Bush's inaugural address, I could not help but think of the recent events in Ukraine as a powerful example of what he called, and I quote him, "one force of history that can break the reign of hatred and resentment, and expose the pretensions of tyrants, and reward the hopes of the decent and tolerant people, and that is the force of human freedom.'' We have seen, Mr. Speaker, this happen in Ukraine, and we must stand ready to offer our help and support and assistance to President Yushchenko and the Ukrainian people as they consolidate their free, democratic future.  I thank my good friend for this resolution, for his great leadership, and for my good friends, the gentleman from Maryland (Mr. Cardin) on the Helsinki Commission, and the gentleman from California (Mr. Lantos), the ranking member. We are united as a Congress on this very important issue.

  • Democratic Change in Ukraine Provides a Backdrop of Success at the 12th OSCE Ministerial

    By Elizabeth Pryor, Senior Advisor The twelfth Ministerial Council Meeting of the Organization for Security and Cooperation (OSCE) took place in Sofia, Bulgaria, December 6-7, 2004.  The United States Delegation was led by Secretary of State Colin Powell.  Rep. Alcee L. Hastings, who is a Helsinki Commissioner, headed the delegation of the OSCE Parliamentary Assembly in his role as President of that body.  Secretary Powell noted that the United States “bases its faith in the OSCE’s future not just on past successes, but on the significant contributions this pioneering organization is making today,” citing among other achievements the preparation of landmark elections in Georgia and Afghanistan. Congressman Hastings spoke of the important work of the Parliamentary Assembly in promoting democracy, in fighting terrorism and in election monitoring, and called for more OSCE involvement in the Caucasus and Central Asia.  He concluded:  “The OSCE has enormous potential to help Europe and the world to become places of peace, stability and co-operation….the world will be more dangerous without it.” During the meeting ministers strengthened their commitment to use the organization to fight terrorism, taking several decisions that make it more difficult for terrorists to operate in the region.  They also encouraged OSCE participating states to adopt measures to fight corruption, including ratification of the UN Convention against Corruption.  They underscored the important political role of the OSCE Secretary General, gave impetus to the implementation of earlier decisions on promotion of equal opportunity for women and men, and reiterated their commitment to combat racism, xenophobia and anti-Semitism. They also pushed for quicker and better implementation of OSCE methods of eliminating stockpiles of conventional armaments and ensuring proper export documents for small arms and light weapons. New agreements to protect child victims and more vigorous attention to penalizing sex tourists, and other individuals who prey on children, enhanced earlier OSCE actions to counter human trafficking.  Ministers also agreed to augment activities that would address economic instability, through the organization’s Economic Forum. In addition, ministers welcomed the intention of the OSCE Chairman to appoint three distinguished personal representatives to combat discrimination and promote tolerance. This decision stemmed from significant meetings during the previous years which registered OSCE concern at growing instances of intolerance, some of them acts of violence.  The Bulgarian chairmanship subsequently appointed Anastasia Crickley of Ireland as the special representative to combat racism, xenophobia and discrimination; Gert Weisskirchen of Germany as the special representative to combat anti-Semitism; and Ömür Orhun of Turkey to be special representative to combat intolerance and discrimination against Muslims.      The measures taken to reduce the ability of terrorists to function in the region are especially significant. Ministers pushed to complete an agreement on comprehensive and uniform standards for border security; new methods of information exchange about the use of the Internet by terrorists–including an international meeting by experts; strong coordination with other international organizations to ensure the security of shipping containers; and a harmonized method for relaying and compiling information on lost and stolen passports through Interpol.  If agreed within the next year, as ministers hope, and implemented vigorously, collectively these decisions can dramatically curb the ability of terrorists to move people and weapons easily and change identities without detection. Texts of all of the decisions can be found at www.osce.org. *   *   *   *   * Negotiation at Sofia was difficult.  A U.S. proposal to extend and augment the provisions of a June 2004 NATO anti-trafficking plan failed to be agreed.  A Russian-proposed text that would have changed the perimeters of OSCE election monitoring was also blocked. No joint statement of the ministers could be concluded.  An important decision to extend the mandate of the OSCE Border Monitoring Operation in Georgia was not agreed. In all of these negotiations, the Russian Federation was isolated, either in its demands, or in its refusal to join consensus. Secretary of State Powell and Russian Foreign Minister Sergei Lavrov openly disagreed in their interventions about the validity of OSCE operations in the former Soviet Union.  Secretary Powell took issue with Lavrov’s assertion that OSCE’s focus on the region was disproportionate, pointing out that the United States has used the organization to discuss its own difficulties, including the abuse of detainees in U.S. custody in Iraq.  There is a long history of such disagreements within the OSCE. One need only look at the negotiating record of the original Helsinki Accords to note the seemingly insurmountable gulf that existed in 1975. At that time negotiations were complicated by disputes between the West and the then-powerful neutral and non-aligned nations, as well as between East and West. Those talks took place in an atmosphere of a near-zero diplomatic interaction between many of the countries. Yet skillful negotiation and a larger vision won the day.  Over the years the Helsinki process has witnessed stand-offs over the status of fixed–wing aircraft in the negotiations on Conventional Armed Forces in Europe (CFE); over development of new standards for media freedom; on the creation of the field missions for which it is now so celebrated; on the division of roles in election monitoring and hundreds of other issues. Indeed, one of the hallmarks of the organization is that it assumes strong disagreement among the participating States. The glory of the OSCE is that it has not seen this as an obstacle to progress, but has always kept its dialogue open and lively and found creative ways to search for common ground.  Those debating today’s issues should find the successful negotiations of the past both encouraging and instructive. In the wake of Russian intransigence, a number of newspaper comments and internal accounts of the ministerial meeting have been unduly pessimistic, with some commentators even extrapolating about the near demise of the OSCE. The disappointment seems to center on the inability of the 55-nation organization to agree to the joint statement that traditionally concludes these meetings. The fate of the highly effective Border Monitoring Operation is of real concern and should be the object of concerted, expert diplomacy by all OSCE States.  But the vitality of the OSCE is not in question, and it is striking that such an array of senior observers has limited its definition of relevancy to an almost invisible statement, the kind that in today’s diplomatic world has decreasing impact or shelf-life.  Perhaps it would have been better if those in Sofia had agreed to a joint statement, but it is largely irrelevant that they did not. For, over the past few years, the OSCE has seen stunning proof of its true relevance:  the influence of its agreed standards of conduct and its continuing ability to inspire those who are courageous enough to fight for democracy and then make it stick. This year’s Sofia meeting was dominated by Ukraine’s remarkable democratic ferment.  In Sofia, negotiations took place against a backdrop of the Ukrainian people embracing systems of liberty and justice.  Just as evident was the ineffectiveness of the oligarchs, petty tyrants and reactionary ideologues who had tried to stifle this heady movement.  The excitement and optimism were palpable as the news reports – first of the crowds in Independence Square, then the courageous actions in the parliament and courts – came filtering into Sofia’s old communist Hall of Culture, itself a symbol of the OSCE’s ability to effect positive change. There is no doubt that the events of these historic weeks owed much to three decades of the OSCE’s tireless and patient work.  First, the Helsinki process eroded the bulwark of communism; then through its mission in Ukraine and its support of many valiant NGOs, it persistently promoted the rule of law and free processes over the false security of re-emergent authoritarianism.  If it all seemed a little familiar, it was because the 2003 Maastricht ministerial meeting was colored by a similar public demand for democracy in Georgia, also a product of OSCE’s influence and persistence. And, four years ago, we welcomed another electoral surprise as Serbia’s citizens demanded the right to a valid election and a future that they themselves would determine. All of these developments are very heartening.  They attest to the indomitable will of people everywhere to live in freedom and of the important way OSCE principles support them.  The continuing quest for democracy in Europe is the true measure of the OSCE’s success.  No anodyne statement, no “family photo” of beaming foreign ministers, could possibly illustrate the OSCE’s importance as have these real and hopeful events. That the OSCE remains the major player in promoting European unity and security is also apparent in the rhetoric of some leaders who want to sabotage its work.  Notable among them are Alexandr Lukashenko, the autocrat in Belarus, who openly resists fulfilling the commitments made freely by his country, and Sparmurat Niyazov, who holds Turkmenistan under dictatorial rule. Unfortunately, others are following in this path, Vladmir Putin among them.  These increasingly authoritarian leaders see that the high principles of the Helsinki Accords can motivate people to demand their rights and thus discourage selfish governmental policies and foreign adventurism.  They want to thwart OSCE influence precisely because it stands in the way of backsliding toward the uncontrolled exercise of personal power.  Ironically, their refusal to cooperate on OSCE policies that continue the forward momentum toward freedom only serve to point up just how successful the organization has become. As it moves to celebrate the 30th anniversary of the signing of the Helsinki Accords the OSCE has much to be proud of.  But it also has a great deal of work ahead of it.  The participating States of the organization must be certain that they continue to stabilize both borders and the democratic institutions of Georgia.  Unresolved conflicts continue to fester in Moldova and Nagorno-Karabakh, and the situation in Kosovo remains fragile and tense.  Human rights are jeopardized in much of Central Asia, with the OSCE often the lone voice in their defense.  Several states have crossed the line into totalitarianism.  Well-established democracies, including the United States, need to be eternally vigilant, lest we take our fundamental freedoms for granted and allow our high ideals to be eroded.  None of this is evidence of OSCE ineffectiveness, but of our continuing need for its guidance.  The process of promoting human rights is continual.  It is essential that the OSCE is there to remind us that we must never become complacent. Among the most important decisions the OSCE took at Sofia was the reassertion of the important political role of the organization’s Secretary General.  The Helsinki Commission hopes that this year, when a new Secretary General will be selected, participating States will choose a strong individual, a person of proven and inspirational leadership and managerial excellence.  OSCE ministers also chose to appoint a panel of eminent persons to advise on any directional adaptation that may help strengthen the organization.  Once again, members of the Helsinki Commission trust that people with innovative ideas and recent expertise will be chosen.  One fitting recommendation that could be made by the panel would be to call a review conference to evaluate the vitality of organizational structures and the commitment of its participating States.  There is a long tradition of this kind of self-assessment at the OSCE and such a move would be especially appropriate in the anniversary year.  It would also address the call made by several states to take a comprehensive look at the future work of the OSCE. All European institutions play important roles for ensuring the security of the region.  Yet, OSCE remains the most agile instrument for promoting our dearest and most enduring values.  It is not about quick fixes or flashy actions, but works slowly over the long term to create true stability and cooperation.  Other institutions may also help motivate nations to take a path compatible with democracy.  But only the OSCE has the inclusivity, the agreed values and the presence on the ground to get them over the finish line. Sofia a failure for lack of a joint communiqué?  No, not at all.  If you are looking for a “statement” of the OSCE’s vitality, read it in the faces on Independence Square in Kiev; in the recent history of Slovenia, its incoming Chairman; and in the fear with which it is regarded by those who would wield disproportionate power over their citizens.

  • Democracy in the CIS

    In the last year, a political earthquake has struck the countries of the former Union of Soviet Socialist Republics. Georgia's 2003 Rose Revolution and the ongoing Orange Revolution in Ukraine are a direct challenge to ruling elites in Russia and elsewhere in the former Soviet Union. They also threaten to derail Russian President Vladimir Putin's policy of retaining as much control as possible over the former Soviet empire. Throughout this region, ex-communist rulers allied with oligarchic groups have, to varying degrees, seized control of their countries' economies and political arenas. While claiming to observe the democracy commitments voluntarily accepted when their countries joined the Organization for Security and Cooperation in Europe in 1992, these leaders have remained in power by rigging elections and excluding potential rivals, sometimes using any means necessary. Executive control of the legislative and judicial branches of power, as well as the state's coercive apparatus, has made it possible to largely intimidate the public out of politics, which has remained an "insider's-only" game. This arrangement has served the Kremlin well. Building alliances with leaders of dubious legitimacy seemed an ideal way to stem the "invasion of Western influence" and its annoying imperative of free and fair elections. Since the late 1990s, Russian-led observer delegations from the Commonwealth of Independent States (CIS) routinely approved of elections in CIS countries which OSCE monitors criticized or damned with faint praise. In this way and others, Moscow showed other CIS capitals that, unlike the United States, Russia would not question their right to rule by hook or by crook and was a reliable bulwark, unlike the preachy West. Consequently, the democratic revolution which swept Georgia last year horrified the leaders of other former Soviet republics. For the first time in ex-Soviet space, opposition leaders united to mobilize a broad-based protest movement that overturned the results of a rigged election. The emergence of Mikheil Saakashvili, who led Georgia's Rose Revolution and was subsequently elected president in a landslide, signaled more than the end of Eduard Shevardnadze's corrupt, moribund regime: Mr. Saakashvili symbolized the first popular revolt against the system of pseudo-democracy prevalent on post-Soviet soil. What is now transpiring in Ukraine is the logical continuation of what began last year in the Caucasus. And every successful precedent emboldens opposition movements in other CIS countries and gives hope to impoverished, frustrated and seemingly apathetic publics, proving that real change is possible. The picture of a victorious Viktor Yushchenko and Mikheil Saakashvili ushering in a New Year in Kiev's Independence Square no doubt causes angst in other CIS leaders, even as it inspires those living under repressive regimes elsewhere in the region. In a telling twist, CIS election observers for the first time criticized an election held in the former Soviet Union, decrying the conduct of Ukraine's Dec. 26 repeat runoff and questioning the legitimacy of the poll. For the Kremlin, Georgia's Rose Revolution was bad enough; the Orange Revolution in Ukraine is a nightmare. Apart from the stunning loss of face suffered by Mr. Putin, who openly campaigned for pro-Russian candidateViktor Yanukovich, "People power" can no longer be dismissed as an anomaly or a deviation possible only in small, unstable, atypical Georgia in the wild Caucasus. Now, "fraternal" Slavs in large, European Ukraine also insisted that elections be fair and reflect the voters' will. The handwriting on the Kremlin wall is clear: Peaceful popular protests backed by OSCE standards on elections can bring down entrenched corrupt regimes that rely on vote fraud to remain in power. Where will this contagion stop? A worried Moscow has responded by attacking the OSCE. Russia, the other former Soviet states and all OSCE countries have formally agreed that democracy, based on the will of the people expressed regularly through free and fair elections, is the only acceptable form of government for our nations. But with its alliance system in jeopardy, Russia last July orchestrated a CIS assault on OSCE's "imbalanced" stress on democracy and human rights, followed by a broadside in September against, among other things, allegedly skewed OSCE standards on elections. (In response, 106 human-rights advocates, mostly from CIS countries, issued a sharp rebuttal to these attacks at the OSCE's main human- rights meeting of the year held in October.) Moscow is now threatening to paralyze the consensus-based OSCE if the organization does not effectively revisit and dilute longstanding election commitments, under the pretext of setting "minimum standards" by which to judge whether elections are indeed free and fair. The Russians are also pushing to de-emphasize human rights and democracy in the work of OSCE's field missions in CIS states. Recognizing the power of the ideals behind OSCE commitments that it signed up to, Russia appears determined to dilute the democracy commitments that are at the very heart of the OSCE. It is essential that the United States respond resolutely to this challenge, insisting that there be no retreat from OSCE commitments and principles to placate Mr. Putin, the patron saint of post-Soviet "managed" democracy. Moscow may be intent on precipitating a crisis in the OSCE, or even threatening its very existence. Nevertheless, having stood firm against rigged elections in Ukraine, the United States and its democratic OSCE partners should not be bullied into concessions. Watering down the democracy content of the OSCE would not only undermine the organization's raison d'etre, but undercut the very people struggling to be free.

  • The Case of Mikhail Trepashkin

    Mr. Speaker, there is reason to fear for the fate of rule of law in Russia. I want to present one relevant example.   Mikhail Trepashkin, an attorney and former Federal Security Service, FSB, officer was arrested on October 24, 2003, a week before he was scheduled to represent in legal proceedings the relatives of one of the victims of a terrorist attack in Moscow. Mr. Trepashkin's American client is Tatyana Morozova of Milwaukee, Wisconsin. In September 1999, Ms. Morozova's mother was killed and her sister barely survived the bombing of an apartment house in Moscow. Officially, the crime was blamed on Chechen separatists, but Mr. Trepashkin was expected to present the findings of his investigation which suggested involvement of elements of the FSB in the 1999 apartment bombings in Moscow as well as an aborted attempted bombing in the city of Ryazan.   Mr. Trepashkin had been a consultant to the public commission set up by prominent human rights activist and former Duma Deputy Sergei Kovalev to investigate the 1999 bombings. The Kovalev commission asked many unpleasant questions but got precious few answers from the authorities. Meanwhile, in the course of his investigation Trepashkin discovered evidence that didn't track with the official version of the bombing incidents. This included events in Ryazan, where a bomb in an apartment basement was discovered by local police and safely detonated hours before it was due to explode. The two suspects in that case were released after presenting FSB identification documents. The whole incident was later declared a "readiness exercise" by Russian authorities.   Several months later, the co-chairman of the Kovalev Commission, Duma Deputy Sergei Yushenkov, was assassinated in front of his home. Four persons were convicted of the murder. Another member of the Commission died of food poisoning in a hospital, another was severely beaten by thugs, and two members lost their seats in the Duma. The activities of the decimated commission came to an abrupt halt.   A week before the October 24, 2003 trial opened, the police just happened to pull Trepashkin over on the highway, and just happened to find a revolver in his car. Trepashkin claims the gun was planted. Three weeks later, he was put on trial and sentenced to 4 years labor camp by a closed court for allegedly divulging state secrets to a foreign journalist.   Mr. Speaker, I don't know all the details of this case, but it looks very much like Mr. Trepashkin was prosecuted in order to prevent him from releasing potentially damaging information regarding the activities of the FSB. The U.S. State Department has commented diplomatically: "The arrest and trial of Mikhail Trepashkin raised concerns about the undue influence of the FSB and arbitrary use of the judicial system."   Today Mr. Trepashkin is held in a Volokolamsk city jail in a 130-square foot, lice-infested cell, which he shares with six other prisoners. He suffers from asthma but reportedly has been denied health care or even medicine. These arduous conditions may be retaliation for Mr. Trepashkin's filing a complaint to the European Court of Human Rights in Strasbourg.   It is difficult to believe that President Putin, given his KGB and FSB background, is unaware of the controversy surrounding the bombing investigations and the possibility that elements of the security services were involved. He must realize that corruption and personal vendettas within the FSB are dangerous commodities not only for the people of Russia, but for an entire civilized world that relies on the combined efforts of the intelligence community in the war against terrorism.   I urge President Putin to order a thorough and honest investigation of Mikhail Trepashkin's jailing and full cooperation with the Kovalev Commission. While the jury is still out on the 1999 bombings, persecution of those who want to find out the truth does not add to Mr. Putin's credibility among those in the West who so far have been willing to give him the benefit of the doubt.  

  • Bring Paul Klebnikov’s Killers to Justice

    Mr. Speaker, I want to call the attention of my colleagues to the death of journalist Paul Klebnikov, who was murdered on July 9 of this year outside his Moscow office. An American citizen of Russian lineage, Mr. Klebnikov was editor of the Russian edition of Forbes magazine. According to the Committee to Protect Journalists, he was the 11th journalist killed in Russia in a contract-style murder in the past four and a half years.   Mr. Klebnikov had achieved prominence as a result of his investigative journalism which often focused on the connections between business, politics and crime in Russia. Mr. Klebnikov's investigations resulted in his writing two books, both devoted to exposing corruption within Russia's business and political sectors. Clearly, he made powerful enemies. There has been speculation that his murder was connected to a Forbes article that focused on Moscow's 100 wealthiest people. Someone, goes the theory, did not care for the publicity. Another suggestion is that Mr. Klebnikov's book Conversation with a Barbarian: Interview with a Chechen Field Commander on Banditry and Islam may have sparked a motive for the murder.   It was Mr. Klebnikov's love of Russia and his belief that reforms were advancing the nation toward a greater transparency in business and politics that motivated him to launch the Russian edition of Forbes magazine in April 2004. Mr. Klebnikov was committed to exposing and confronting corruption in the hope that such work would contribute to a brighter future for the people of Russia. He believed that accountability was an essential element to achieve lasting reforms.   Unfortunately, this hope for a better future in Russia has been dealt a serious blow by the murder of Paul Klebnikov. As I and ten other Members of the Helsinki Commission wrote to President Putin on October 5th of this year, much more is at stake than determining who killed Paul Klebnikov. The fear and self-censorship arising from the murders of journalists in Russia only serves to add to the corruption of government officials and businessmen. A cowed press cannot be the effective instrument for building the free and prosperous society that Mr. Putin purports to seek.   Mr. Speaker, according to the Russian news agency ITAR-TASS, on the occasion of "Militia Day," November 10, President Vladimir Putin told police officials that protecting the economy from crime and fighting corruption is a priority task in Russia. I would urge Mr. Putin to back up these words with action. Russian authorities should investigate to the fullest extent possible the murder of Mr. Klebnikov, no matter where the trail leads.   Only through rule of law and accountability can Russia achieve the safe, free and comfortable future that Mr. Klebnikov believed was possible.

  • Ukraine’s Presidential Election: The Turning Point?

    This briefing examined the pre-election conditions in Ukraine ahead of the country’s presidential election run-off set for November 21. The contest, pitting democratic opposition leader Victor Yushchenko against Prime Minister Victor Yanukovych in a November 21 run-off, represented a potential turning point for Ukraine. The OSCE Election Observation Mission, with more than 600 international observers, concluded that the October 31 first round, in which no candidate garnered the required majority, did not meet a considerable number of OSCE standards for democratic elections, representing a step backward from the 2002 elections. Both the election campaign and vote were seriously flawed. Panelists who spoke at this briefing identified violations that included, but by no means were limited to, overwhelming media bias against Yushchenko; the abuse of administrative resources; obstruction of opposition campaign events; and untoward pressures on state employees, students, and voters to support government candidates. Voting day itself saw significant problems with voter lists, pressure on election commissions and even outright ballot stuffing. The consequences of a bad election process were addressed.

  • Europe's Largest Annual Human Dimension Meeting Closes With Appeal from NGOs

    By Erika Schlager CSCE Counsel on International Law From October 4-15, 2004, the participating States of the Organization for Security and Cooperation in Europe met in Warsaw, Poland, for a Human Dimension Implementation Meeting.  Each year, the OSCE convenes a forum to discuss the participating States’ compliance with the full range of their OSCE human dimension commitments agreed on the basis of consensus. The United States Delegation was headed by Larry C. Napper, former Ambassador to Kazakhstan and Latvia.  He was joined by Ambassador Stephan M. Minikes, Head of the U.S. Mission to the OSCE; Ambassador Michael G. Kozak, Acting Assistant Secretary of State for Democracy, Human Rights and Labor; Ambassador Edward O'Donnell, Department of State Special Envoy for Holocaust Issues; J. Kelly Ryan, Deputy Assistant Secretary of State for Population, Refugees and Migration; and Matthew Waxman, Deputy Assistant Secretary of Defense for Detainee Affairs.  Members of the staff of the Commission on Security and Cooperation in Europe also participated in the delegation. In the tradition of engaging accomplished individuals from the private sector with human rights expertise, the U.S. Delegation included several public members:  Gavin Helf and Catherine Fitzpatrick, both experts on the countries of the former Soviet Union; Frederick M. Lawrence, Anti-Defamation League; and Mark B. Levin, Executive Director, NCSJ: Advocates on behalf of Jews in Russia, Ukraine, the Baltic States & Eurasia. Broad Range of Issues Reviewed During the first week of the meeting, formal sessions were devoted to a review of the implementation by participating States of the full range of their human rights and fundamental freedom commitments.  During the second week, three days were devoted to topics chosen by the Chair-in-Office, in consultation with the participating States.  This year, the special topics were: the promotion of tolerance and non-discrimination (following up on extra-ordinary conferences held earlier this year on anti-Semitism and on racism, xenophobia and discrimination); freedom of assembly and association; and “complementarity and co-operation between international organizations in promoting human rights.” At the meeting’s mid-way plenary session, the United States expressed particular concern about the deteriorating situation in Turkmenistan.  In 2003, ten OSCE participating States took the unusual step of invoking the "Moscow Mechanism" for the first time in a decade.  They were prompted to do so after Turkmenistan authorities reacted to an attack on President Saparmurat Niyazov's motorcade on November 25, 2002, with a widespread human rights crackdown marked by torture, disappearances, and an escalation of Stalin-era practices.  Turkmenistan refused to cooperate with the mission established under the mechanism and, in 2004, refused to renew the accreditation of the Head of the OSCE Office in Ashgabat, Parachiva Badescu.  Although Turkmenistan again declined to send representatives to participate in the HDIM, the United States argued to the participating States that sustained OSCE engagement on these matters is necessary to counter Turkmenistan’s increasing self-isolation. "Why is it that only the United States helps democracy in Belarus?  Where is Europe?" --Human rights activist from Belarus The need to protect human rights while countering terrorism was a strong theme throughout this year’s meeting.  In addition, the deteriorating situation for human rights defenders in much of the former Soviet region, concern about the elections in Belarus and Ukraine, the failure to implement meaningful reforms in Uzbekistan, and the plight of refugees and internally displaced persons, including Roma from Kosovo, were other issues raised.  In the second week session devoted to tolerance, the United States argued that the Chair-in-Office should appoint two personal representatives to address the problems of anti-Semitism as well as racism, xenophobia, and discrimination. As at past human dimension meetings and meetings of the OSCE Permanent Council, the United States was criticized for retaining the death penalty, contrary to the abolitionist trend among other OSCE participating States. At present, the only other OSCE countries that still officially apply the death penalty are Belarus and Uzbekistan. A U.S.-based nongovernmental organization repeatedly criticized the United States for failing to provide citizens of the District of Columbia the right to voting representation in the Congress.  Belarus issued even more sweeping criticism of U.S. electoral practices. Coming just days before Belarusian elections that the OSCE Election Observation Mission subsequently concluded “fell significantly short of OSCE commitments,” the rebuke by Belarus appeared to be a cynical move to preempt or deflect criticism of its own shortcomings. The abuse of prisoners at Abu Ghraib was condemned by both governmental and non-governmental speakers.  In addition, some participants criticized the United States for the use of military commissions to try alleged terrorists and for a 2002 Department of Justice memorandum that outlined legal defenses and loopholes that might be used to evade statutory and international legal prohibition against torture. Side Events Add Substance One of the striking features of this year’s meeting was the significant increase in the quality and quantity of side events held in conjunction with the formal sessions.  Side events may be organized at the site of the meeting by non-governmental organizations, OSCE institutions or offices, other international organizations, or participating States.  They augment the implementation review by providing an opportunity to examine specific subjects or countries in greater depth.  Like the “corridor” discussions and informal meetings that are part and parcel of any OSCE meeting, side events are also a vehicle for discussing and promoting OSCE action or decisions.  In some instances, side events have presaged the deeper engagement of the OSCE participating States with a particular subject – for example, side events organized by non-governmental organizations on the problem of hate propaganda on the Internet prompted a more in-depth focus on this issue at an OSCE meeting hosted by France earlier this year.   Side events can also help fill gaps in the implementation review process. This year, in the aftermath of the Beslan tragedy, most governments were reluctant to raise the problem of human rights violations in Chechnya.  Nongovernmental groups, however, organized a side event to provide a forum to focus on these issues.  They argued that, while the problems in Chechnya may seem intractable, human rights abuses do diminish when they are raised with the Russian Government. In an effort to respond to concerns about detainee abuse, the United States organized a side event on the subject of detainee issues.  Department of Defense Deputy Assistant Secretary Matthew Waxman, head of a newly-created DOD office for detainee affairs, discussed steps taken by the United States to address the abuse of detainees at Abu Ghraib and elsewhere and to prevent such incidents from reoccurring.  The event was open to all participants in the HDIM and, following the presentation of his remarks, Waxman opened the floor for questions. Azerbaijani officials prevented one human rights defender and religious freedom activist from attending the Warsaw meeting.  On October 6, authorities at the Baku airport blocked Imam Ilgar Ibrahimoglu from boarding his Warsaw-bound flight.   Ibrahimoglu was set to attend the HDIM session on religious freedom and speak out against the forcible seizure of his congregation’s mosque earlier this year.  (Similarly, two Kazakhstani human rights activists, Amirzahan Kosanov and Ermurai Bapi, were prohibited from leaving their country last year in an apparent attempt to prevent them from participating in the HDIM.)  On a more positive note, the meeting may have contributed to a favorable decision by the Armenian Government to approve a long-standing application by Jehovah’s Witnesses to be officially registered as a religious organization.  During the meeting, the U.S. House of Representatives and the United States Senate passed the Belarus Democracy Act (on October 4 and 7 respectively). NGOs Rebut “Astana Declaration” At the closing session of the HDIM, 106 human rights advocates from 16 countries presented a declaration countering criticism by several former Soviet states of the OSCE’s human rights work.  (On July 3, 2004, nine OSCE countries – Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russian Federation, Tajikistan, Ukraine and Uzbekistan – issued a statement criticizing the human dimension activities of the OSCE.  A subsequent document signed in Astana, Kazakhstan by eight of the above signatories claimed that there are double standards in fulfillment of OSCE commitments concerning democracy and human rights.)  An NGO spokesperson also urged the OSCE participating States to continue to focus on the issue of freedom of assembly. "The most important principle of international affairs ingrained in international legal documents--'respect for human rights is not an internal affair of a state'--must remain unshakable and must be defended." -- Statement signed by human rights advocates and presented at the closing session of the 2004 OSCE Human Dimension Implementation Meeting In a press release issued on October 14, 2004, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) welcomed the NGO declaration.  “While many of the men and women who signed this document engage in human rights advocacy at considerable personal sacrifice and risk, they have clearly stated – in their words – their ‘categorical disagreement with the negative evaluation of OSCE activity.’” This year’s HDIM drew record attendance by 220 nongovernmental organizations from across the region.  This is the only multinational human rights meeting in Europe where non-governmental organization representatives and government representatives may speak with equal status. As at past meetings, the United States held extensive bilateral meetings with government representatives.  In many instances, the focus and scope of those meetings reflected the presence of experts from capital cities.  Additional meetings were held with OSCE officials and representatives of nongovernmental organizations.  In the second week of the HDIM, Human Rights Directors from the OSCE countries also held a working meeting to discuss issues of mutual concern. Looking Ahead With a view to the 2005 calendar of human dimension activities, the United States suggested that there are several subjects that deserve focused attention next year.  These include: migration and integration; protection of religious freedom in the fight against terrorism; the challenges of new election technologies, such as electronic voting; and the role of defense lawyers.  The United States also welcomed the Spanish offer to host a follow-up event on tolerance next year in Cordoba and recommended that next year’s HDIM should include another special topic day on the fight against anti-Semitism, racism, xenophobia and discrimination.  The United States proposed that at least one of the Supplementary Human Dimension Implementation Meetings next year be held outside of Vienna, in order to make the meeting more dynamic and allow participants to take part who might not normally be able to travel to Vienna.  (Since 1999, three Supplementary Human Dimension Meetings have been held each year.  Existing modalities allow for them to be convened in various locations but, so far, all have been held in Vienna.) During the closing session, the Dutch Delegation, on behalf of the 25 European Union member states and four candidate countries, noted that there had been insufficient time to address the agenda items during the first week of the HDIM and, during the second week, more time than some subjects warranted.  For example, there was insufficient time to accommodate all those who wished to take the floor during the discussion of national minorities and Roma; the session on freedom of speech and expression was held to standing-room capacity.  By contrast, the session mandated to discuss the OSCE’s “project work” closed early – as it has every year since the subject first appeared on the meeting agenda – when the speakers’ list was exhausted before the end of the allotted time.  Office for Democratic Institutions and Human Rights (ODIHR) Director Christian Strohal agreed that "we should adapt our time management." Changes might also, conceivably, be made to the process of compiling a summary of the “recommendations” made at the meeting, a process that grew out of a desire to have a more substantive record of the meeting (in addition to the little-known but publicly available Journals of the Day).  In fact, these summaries have generally turned out to be an unsatisfactory product, notwithstanding the considerable effort of those tasked with producing them.  By definition, summaries must leave a great deal out, and both governments and nongovernmental organizations have complained when their particular recommendations are among those omitted.  Moreover, the summary of recommendations is usually scrubbed of any country-specific recommendations, leaving only anodyne boilerplate language.  In its opening statement at this year’s HDIM, the Netherlands, on behalf of the European Union and four candidate countries, argued that the process of compiling ever longer recommendations had become “non-productive and counter-productive.” At this year’s meeting, the ODIHR launched a highly effective new documents distribution system.  Through a bank of computers on site, participants were able to print copies of any document submitted for circulation.  (This replaced a paper system of distributing all copies of all statements to all participants.)  Moreover, this system allowed participants to email any document, making targeted distribution much more efficient and environmentally friendly.  With the full texts of interventions and additional written material so easily available, the rationale for creating a written summary of recommendations for the benefit of those who were not able to attend the meeting is less compelling. 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.

  • 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.

  • 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.

  • 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.  

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