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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  • Belarus Democracy Reauthorization Act of 2006

    Mr. Speaker, I strongly urge passage of H.R. 5948, the Belarus Democracy Reauthorization Act of 2006, to provide sustained support for the promotion of democracy, human rights and the rule of law in the Republic of Belarus, as well as encourage the consolidation and strengthening of Belarus' sovereignty and independence. Mr. Speaker, I especially thank you for your commitment to bring this legislation before this Congress. Your deep personal interest in the cause of freedom in Belarus, as demonstrated by your recent meetings in Vilnius with the leaders of the democratic opposition, has been particularly appreciated by those struggling for the rule of law and basic human freedoms. This legislation enjoys bipartisan support, and I want to recognize and thank the tremendous collaboration of Rep. Tom Lantos, an original cosponsor of this bill.  As one who has followed developments in Belarus over many years through my work on the Helsinki Commission, I remain deeply concerned that the Belarusian people continue to be subjected to the arbitrary and self-serving whims of a corrupt and anti-democratic regime headed by Aleksandr Lukashenka. Since the blatantly fraudulent March 19 presidential elections, which the OSCE condemned as having failed to meet international democratic standards, the pattern of repression and gross violations of human rights and fundamental freedoms. While those who would dare oppose the regime are especially targeted, the reality is that all in Belarus outside Lukashenka’s inner circle pay a price. Recent news regarding Lukashenka’s regime Last week in Riga, President Bush pledged to help the people of Belarus in the face of the "cruel regime" led by President Lukashenka. "The existence of such oppression in our midst offends the conscience of Europe and the conscience of America," Bush said, adding that "we have a message for the people of Belarus: the vision of a Europe whole, free and at peace includes you, and we stand with you in your struggle for freedom." Mr. Speaker, this legislation would be a concrete expression of Congress’ commitment to the Belarusian people and would show that we stand as one in supporting freedom for Belarus. Just within the last few months, we have witnessed a series of patently political trials designed to further stifle peaceful, democratic opposition. In October, 60-year-old human rights activist Katerina Sadouskaya was sentenced to two years in a penal colony. Her “crime”? “Insulting the honor and dignity of the Belarusian leader.” Mr. Speaker, if this isn’t reminiscent of the Soviet Union, I don’t know what is. And just a few weeks ago, in a closed trial, Belarusian youth activist Zmitser Dashkevich received a one-and-a-half year sentence for “activities on behalf of an unregistered organization.”  A report mandated by the Belarus Democracy Act and finally issued this past March reveals Lukashenka’s links with rogue regimes such as Iran, Sudan and Syria, and his cronies’ corrupt activities. According to an October 9, 2006, International Herald Tribune op-ed: “Alarmingly, over the last six years, Belarus has intensified its illegal arms shipment activities to the point of becoming the leading supplier of lethal military equipment to Islamic state sponsors of terrorism.” I guess we shouldn’t be all that surprised that in July, Lukashenka warmly welcomed to Minsk Venezuela’s Hugo Chavez. In keeping with their bent, both pledged cooperation and denounced the West. More recently, Belarusian Foreign Minister Martynov traveled to Iran where President Ahmadinejad pledged further cooperation in the energy and defense industries. Not long ago, a member of Belarus’ bogus parliament asserted on state-controlled radio that Belarus has the right to develop its own nuclear weapons. Mr. Speaker and Colleagues, Belarus is truly an anomaly in Europe, swimming against the rising tide of greater freedom, democracy and economic prosperity.  The Legislation  Three years ago, I introduced the Belarus Democracy Act which passed the House and Senate with overwhelming bipartisan support and was signed into law by President Bush in October 2004. At that time, the situation in Belarus with respect to democracy and human rights was already abysmal. The need for a sustained U.S. commitment to foster democracy and respect for human rights and to sanction Aleksandr Lukashenka and his cronies is clear from the intensified anti-democratic policies pursued by the current leadership in Minsk. Mr. Speaker, I am pleased that countries throughout Europe have joined in a truly trans-Atlantic effort to bring the promise of freedom to the beleaguered people of Belarus. Prompt passage of the Belarus Democracy Reauthorization Act of 2006 will help maintain this momentum aimed at upholding the democratic aspirations of the Belarusian people. With the continuing decline on the ground in Belarus since the fraudulent March elections, this bill is needed now more than ever.  This reauthorization bill demonstrates the sustained U.S. support for Belarus’ independence. We seek to encourage those struggling for democracy and respect for human rights in the face of the formidable pressures and personal risks from the anti-democratic regime. The bill authorizes such sums as may be necessary in assistance for each of fiscal years 2007 and 2008 for democracy-building activities such as support for non-governmental organizations, including youth groups, independent trade unions and entrepreneurs, human rights defenders, independent media, democratic political parties, and international exchanges.  The bill further authorizes monies for both radio and television broadcasting to the people of Belarus. While I am encouraged by the recent U.S. and EU initiatives with respect to radio broadcasting, much more needs to be done to penetrate Lukashenka’s stifling information blockade. Mr. Speaker, I hope that the Administration will make this a priority.  In addition, H.R. 5948 calls for selective sanctions against the Lukashenka regime, and the denial of entry into the United States for senior officials of the regime – as well as those engaged in human rights and electoral abuses. In this context, I welcome the punitive sanctions imposed by both the Administration and the EU which are targeted against officials – including judges and prosecutors – involved in electoral fraud and other human rights abuses.  The bill expresses the sense of the Congress that strategic exports to the Government of Belarus should be prohibited, except for those intended for democracy building or humanitarian purposes, as well as U.S. Government financing and other foreign assistance. Of course, we would not want the exports to affect humanitarian goods and agricultural or medical products. The U.S. Executive Directors of the international financial institutions are encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance that serve humanitarian needs. Furthermore, we would encourage the blocking of the assets (in the United States) of members of the Belarus Government as well as the senior leadership and their surrogates. To this end, I welcome the Treasury Department’s April 10 advisory to U.S. financial institutions to guard against potential money laundering by Lukashenka and his cronies and strongly applaud President Bush’s June 19 “Executive Order Blocking Property of Certain Persons Undermining Democratic Processes or Institutions in Belarus.”  Mr. Speaker, I want to make it crystal clear that these sanctions are aimed not at the people of Belarus, but at a regime that displays contempt for the dignity and rights of its citizens even as the corrupt leadership moves to further enrich itself at the expense of all Belarusians.  Ongoing Anti-Democratic Behavior To chronicle the full litany of repression over the course of Lukashenka’s 12-year misrule would go well beyond the bounds of time available here. Let me cite several more recent illustrations of anti-democratic behavior which testify to the true nature of the regime.  Belarus’ March 19 presidential elections can only be described as a farce, and were met with condemnation by the United States, the OSCE, the European Union and others. The Lukashenka regime’s wholesale arrests of more than one thousand opposition activists and dozens of Belarusian and foreign journalists, before and after the elections, and violent suppression of peaceful post-election protests underscore the contempt of the Belarusian authorities toward their countrymen.  Illegitimate parliamentary elections in 2004 and the recently held presidential “elections” in Belarus brazenly flaunted democratic standards. As a result of these elections, Belarus has the distinction of lacking legitimate presidential and parliamentary leadership, which contributes to that country's self-imposed isolation. Albeit safely ensconced in power, Lukashenka has not let up on the democratic opposition. Almost daily repressions constitute a profound abuse of power by a regime that has blatantly manipulated the system to remain in power.  In the last few months, the regime continues to show its true colors, punishing those who would dare to challenge the tin-pot dictator. Former presidential candidate Aleksandr Kozulin was sentenced to a politically-motivated five-and-one-half-years’ term of imprisonment for alleged “hooliganism” and disturbing the peace. His health is precarious as he is now well into his second month of a hunger strike.  In early August, authorities sentenced four activists of the non-partisan domestic election monitoring initiative “Partnerstva”. In a patent attempt to discourage domestic observation of the fraudulent March 19 presidential elections, the four had been kept in custody since February 21. Two were released, having served their six month sentences. Two others, Tsimafei Dranchuk and Mikalay Astreyka, received stiffer sentences, although Astreyka has been released from a medium security colony and is now in “correctional labor”. Other political prisoners, including Artur Finkevich, Mikalay Autukhovich, Andrey Klimau, Ivan Kruk, Yury Lyavonau, Mikalay Razumau, Pavel Sevyarynets, Mikalay Statkevich also continue to have their freedom denied, languishing in prison or in so-called correctional labor camps.  Administrative detentions of ten or fifteen days against democratic opposition activists are almost a daily occurrence. Moreover, the Lukashenka regime continued to stifle religious expression. It refuses to register churches, temporarily detains pastors, threatens to expel foreign clergy, and refuses religious groups the use of premises to hold services. Despite the repressions, Protestant and Catholic congregations have increasingly become more active in their pursuit of religious freedom. I am also concerned about the recent explosion at a Holocaust memorial in western Belarus, the sixth act of vandalism against the monument in 14 years. Unfortunately, the local authorities have reportedly refused to open a criminal investigation. Lukashenka’s minions have closed down independent think tanks, further tightened the noose around what remains of the independent media, suspended the activities of a political party, shut down the prominent literary journal Arche, and evicted the Union of Belarusian Writers from its headquarters. Of course, Lukashenka’s pattern of contempt for human rights is nothing new – it has merely intensified with the passage of time.  Moreover, we have seen no progress on the investigation of the disappearances of political opponents – perhaps not surprisingly, as credible evidence points at the involvement of the Lukashenka regime in their murders.  Mr. Speaker, it is my hope that the Belarus Democracy Reauthorization Act of 2006 will help end to the pattern of violations of OSCE human rights and democracy commitments by the Lukashenka regime and loosen its unhealthy monopoly on political and economic power. I hope our efforts here today will facilitate independent Belarus’ integration into democratic Europe in which the principles of democracy, human rights and the rule of law are respected. The beleaguered Belarusian people have suffered so much over the course of the last century and deserve better than to live under a regime frighteningly reminiscent of the Soviet Union. The struggle of the people of Belarus for dignity and freedom deserves our unyielding and consistent support.  This legislation is important and timely because Belarus, which now borders on NATO and the EU, continues to have the worst human rights and democracy record of any European state – bar none.

  • 15th Anniversary of Ukraine's Independence

    Mr. Speaker, August 24th marked the fifteenth anniversary of Ukraine’s rebirth as an independent state, finally being freed from the shackles of Soviet misrule that included a reign of terror, cultural suppression and a genocidal famine. The last fifteen years have witnessed peaks and valleys as the Ukrainian people have struggled to overcome the legacy of communism and Moscow’s imperialism. While the process of Ukraine’s restoration is still a work in progress, great strides have been made to consolidate that nation as an independent, free and democratic state. The December 1,1991 referendum on independence, the 1996 Constitution and especially the 2004 Orange Revolution stand as highlights, demonstrating Ukrainian resolve for independence, rule of law, democracy and freedom, and the continuing promise of a better life. In contrast to the first 13 years of independence, Ukraine is now “free”, and not merely “partly free.” The March 26 parliamentary election was one of the freest and fairest ever held among post-Soviet states. The Ukrainian economy is on the road to recovery and development after the initial post-Soviet decline of the 1990s. Ukraine is a responsible neighbor and has shown its mettle as a partner for peace and security in the world. Of course, challenges remain despite the real progress that has been made. There have been missed opportunities. Many of the promises of the Orange Revolution are only partially fulfilled. The rule of law, including a truly independent judiciary, remains to be consolidated. Corruption, although not as egregious as before the Orange Revolution, still rears its ugly head. Many Ukrainians believe all too many among the political elites look first toward their personal interests rather than to the good of the people and of the nation they are supposed to serve. As the last months have demonstrated, political stability can be elusive, and it remains to be seen what direction the new government will take. Nevertheless, Ukraine continues to show tremendous potential, and I am firmly convinced that this still relatively young 15-year-old independent state will fulfill its potential. Mr. Speaker, in looking over the last fifteen years, we must not forget the sacrifices of millions who fought for Ukraine’s liberty over the course of the last century, often against great odds and at great personal risk. Whether in the struggle for Ukraine’s short-lived independence in 1918–21, or the insurgent armies that fought against both Nazi and Soviet rule during and after World War II, many Ukrainians made the ultimate sacrifice. More recently, in the final decades of Soviet domination, Ukrainian Helsinki Monitors and other human rights activists challenged the system, calling upon the Kremlin to live up to commitments voluntarily undertaken when Leonid Brezhnev signed the 1975 Helsinki Final Act. One such renowned activist, Ukrainian Helsinki Monitor Nadia Svitlychna, who served three years in a Soviet labor camp for her tireless defense of human rights and freedom, died last month. We honor the memory of Mrs. Svitlychna, recalling that it was courageous and dedicated individuals like her who, as much as anyone, paved the way for an independent, democratic Ukraine. Mr. Speaker, I am proud of the role that the Helsinki Commission, which I co-chair, has played throughout its 30-year existence in firmly supporting human rights and freedom for Ukraine. I am pleased that the Congress has stood firm in support of Ukraine and am confident that the United States will continue to extend the hand of friendship as Ukraine moves toward its rightful place as a fully integrated member of the Euro-Atlantic community of nations.

  • Kazakhstan's Candidacy for OSCE Chairmanship

    Mr. Speaker, next week, Kassymzhomart Tokaev, the Foreign Minister of Kazakhstan, will be visiting Washington. Given Kazakhstan's growing strategic and economic significance, his agenda with U.S. Government officials and Congress is likely to be broad-ranging. But a key focus of Minister Tokaev's discussions will certainly be Kazakhstan's bid to serve in 2009 as Chair-in-Office of the 56-nation Organization for Security and Cooperation in Europe. Kazakhstan has been avidly pursuing this prestigious leadership post since 2003. The consensus decision must be made by this fall, in time for the December OSCE Ministerial Meeting. While I support the idea of Central Asian leadership of the OSCE, my purpose today is to point out the very serious problems with Kazakhstan's candidacy. As many of my colleagues on the Helsinki Commission have concluded, awarding Kazakhstan the political leadership of OSCE in 2009 would be unwarranted and potentially dangerous for the Organization. President Nursultan Nazarbaev, in his opening statement at a recent OSCE meeting in Almaty, even admitted: "We do not...have established democratic principles." Therefore, allowing Kazakhstan to assume the chairmanship by default is not acceptable. Kazakhstan's chairmanship bid must be deferred until the country substantially implements its OSCE commitments, especially those on human rights and democratization. Defenders of Kazakhstan's candidacy have pointed to the country's economic reforms and relative freedom, compared to the rest of Central Asia. I concur that Kazakhstan is far ahead of the police states of Turkmenistan or Uzbekistan. But that is no great achievement. Surpassing the worst of the worst does not confer an automatic right to hold the chairmanship of the OSCE which is dedicated to upholding human rights and promoting democracy. It has long been the State Department's position "that any Chair of the OSCE must be in substantial compliance with all OSCE commitments." Over several years now, high-level U.S. Government officials have provided Nazarbaev and other Kazakh officials clear, concrete indicators of the progress necessary before serious consideration could be given to U.S. support for Kazakhstan's Chair-in-Office bid. Yet long-promised political reforms in Kazakhstan have not materialized and the human rights climate remains poor, as documented in the State Department's annual reports. Kazakhstan's oil riches, strategic location and cooperation with the United States in antiterrorism programs cannot conceal the fact that the country remains an authoritarian state. President Nazarbaev has manipulated constitutional referendums and falsified elections to stay in power, while his relatives and friends have gained monopoly positions in the most profitable sectors of the economy. Independent and opposition media have been consistently harassed and pressured, and opposition politicians have been excluded from elections, or worse. Such was the state of affairs before last December's presidential election, which was widely seen as a "make-or-break" moment for Kazakhstan. Unfortunately, the government failed to uphold its international commitments before, during and following the election. Despite repeated pledges from Nazarbaev to hold a free and fair contest, the OSCE observation mission stated the election "did not meet a number of OSCE commitments" due to "restrictions on campaigning, harassment of campaign staff and persistent and numerous cases of intimidation by the authorities" which "limited the possibility for a meaningful competition." The election was a serious blow to Kazakhstan's chances to chair the OSCE. The recent establishment of the State Commission on the Development and Realization of the Programme of Political Reforms comes after the major elections, too late to have any definitive liberalizing effects. In addition, a string of events has accentuated the disturbing gap between OSCE commitments and Kazakhstan's implementation. Last November, opposition politician and former Mayor of Almaty Zamanbek Nurkadilov was found dead in his home. According to Kazakh authorities, he shot himself three times, twice in the chest and once in the head. The official version of his death is, kindly put, implausible in the extreme. In February, opposition politician Altynbek Sarsenbaev, along with his driver and unarmed bodyguard, was shot in an apple orchard outside Almaty. The official investigation has placed the blame for this brazen crime on Erzhan Utembaev, head of the administration of the Senate, who allegedly engaged the services of some security officers. It is fair to say that this explanation for Sarsenbaev's death has failed to satisfy many observers. What is indisputable, however, is that anyone involved in opposition politics in Kazakhstan risks, in the worst case scenario, not merely electoral defeat but murder. Furthermore, Kazakh officials have backed Russian plans to eviscerate the OSCE's Office for Democratic Institutions and Human Rights, which, among other important democracy promoting activities, undertakes the OSCE's election observation missions. This would pose a grave threat to the OSCE as an institution and as the most credible election monitoring organization in the world. Recent statements and actions by local Kazakh authorities against a Hare Krishna community outside of Almaty and actions to penalize minority religious communities for unregistered religious practice run counter to OSCE norms and Kazakhstan's stated commitment to inter-religious tolerance. On March 20, President Nazarbaev praised Uzbek President Islam Karimov's handling of unrest in Andijon in May 2005. Praise for the Andijon massacre that left hundreds dead in Uzbekistan, and which moved the OSCE, the U.S. Government and international organizations to call for an independent, impartial investigation, are hardly the "reforms" one expects of a country that hopes to chair the OSCE. The forced repatriation of Uzbek refugees to Uzbekistan was equally alarming. Just today, Kazakhstan's upper house passed a highly restrictive media law that has been criticized by the OSCE's Representative on the Media and the U.S. Ambassador to Kazakhstan. It is hoped that President Nazarbaev will not sign this problematic bill into law. Mr. Speaker, in light of these circumstances, Kazakhstan's bid to chair the OSCE in 2009 cannot be supported. I strongly believe that backing Kazakhstan's candidacy would cause more difficulties than will result from Astana's disappointment over not winning this prize. None of this means that we should not strive to develop the best possible relations with Kazakhstan, on a mutually beneficial basis. There are many areas of current and potential cooperation between our countries, including Kazakhstan's entry into the WTO, energy, military security and anti-terrorism. Nor does my inability to support Kazakhstan's candidacy for the OSCE Chairmanship in 2009 mean that I do not hope to be able to back a future bid. Nothing would please me more than to report to this Chamber that Kazakhstan has met its commitments on democratization and human rights and richly deserves to lead the OSCE. A Kazakh chairmanship would also move the Organization eastward in the symbolic sense, bridging what has become an uncomfortable gap between the former Soviet republics and Europe. But that moment has not yet come, Mr. Speaker. I would encourage the Kazakh leaders to avail themselves of the opportunity of additional time to constructively engage the OSCE. Working to ensure that the Organization succeeds would aid Kazakhstan's bid for a future chairmanship, while expressing sour grapes over a denial can only add to the impression that Kazakhstan is not ready for a leadership role. The OSCE Chairmanship represents acknowledgement of progress already made, not a stimulus to future, unproven progress. Urging the Kazakhs to defer their bid would leave the door open for Astana, should demonstrable reforms on human rights and democratization be forthcoming. That progress was promised by President Nazarbaev, when he signed the Helsinki Accords as his country joined the OSCE in 1992.

  • Human Rights, Democracy, and Integration in South Central Europe

    The hearing, led by the Hon. Christopher H. Smith,  the Hon. Sam Brownback , and the Hon. Benjamin L. Cardin, focused primarily on the legal restrictions on religious activities and other attacks on religious freedom, lagging efforts to combat trafficking in persons, discrimination and violence against Roma, and the prevalence of official corruption and organized crime. The efforts to encourage Bosnia-Herzegovina to move beyond the limitations imposed by the Dayton Peace Agreement will be discussed. Further, the plight of the displaced and minority communities of Kosovo, and the need for Serbia to cooperate fully with the International Criminal Tribunal will also be covered.   

  • Advancing the Human Dimension in the OSCE: The Role of the Office for Democratic Institutions and Human Rights

    This hearing, led by the Helsinki Chairman the Hon. the Hon. Sam Brownback, Co-Chairman the Hon. Christopher H. Smith Office, and ranking member the Hon. Alcee L. Hastings, examined the role that Democratic Institutions and Human Rights (ODIHR) has played over the last fifteen years. ODIHR’s role in advancing human rights and the development of democracy in the OSCE participating States was noted and agreed to be particularly important. ODIHR is engaged throughout Western Europe and the former Soviet Union in the fields of democratic development, human rights, tolerance and non-discrimination, and promotion of the rule of law and has set the international standard for election observation. Within the hearing, the challenges that ODIHR faces were examined, specifically those instigated by the Russian Federation, Belarus and a small minority of the OSCE participating states seeking to undermine the organization under the guise of reform.  ODIHR has earned an international reputation for its leadership, professionalism, and excellence in the area of election observation.  That being said, ODIHR’s mission is much broader, encompassing a wide range of human rights activities aimed at closing the gap between commitments on paper and the reality on the ground in signatory countries.    

  • Tools for Combating Anti-Semitism: Police Training and Holocaust Education

    The Helsinki Commission held a briefing on Holocaust education tools and law enforcement training programs undertaken by the Organization for Security and Cooperation in Europe. Co-Chairman Smith cited the vicious murder of Ilan Halimi as a reminder of the need to redouble efforts to combat anti-Semitism and to speak out when manifestations of related hatred occur.  The briefing highlighted specific programs which promote awareness of the Holocaust and provide law enforcement professionals with the tools to investigate and prosecute hate-inspired crimes.   Paul Goldenberg, a Special Advisor to ODIHR who designed the law enforcement training program which assists police to recognize and respond to hate crimes, stressed that law enforcement professionals must be recognized as an integral part of the solution.  Dr. Kathrin Meyer addressed the challenges presented by contemporary forms of anti-Semitism and highlights ways to address the subject in the classroom. Other witnesses – including Rabbi Andrew Baker, Director of International Jewish Affairs for the American Jewish Committee; Stacy Burdett, Associate Director of Government and National Affairs, Anti-Defamation League; and Liebe Geft, Director, Simon Wiesenthal Center’s Museum of Tolerance also presented testimony at this briefing.

  • The Legacy of Chornobyl: Health and Safety 20 Years Later

    This hearing, chaired by Sen. Sam Brownback and Rep. Chris Smith marked the 20th anniversary of the nuclear disaster in Chornobyl, Ukraine. This is not only significant because of the long-term effects that the catastrophe had in the area, but also because of the circumstances under which it took place. More specifically, as Smith did not fail to point out at the hearing’s start, the explosion took place under the veil of secrecy brought to the world by the Soviet Union. The nuclear reactor at the Chornobyl site was part and parcel of U.S.S.R. property, so the Soviet Union was able to conceal what transpired from the outside world. This hearing emphasized much needed work to be done for the residents of Chornobyl, including aid by the United States.  

  • From the Maidan to Main Street: Ukraine's Landmark Democratic Parliamentary Elections

    By Commission Staff While pundits attempt to sort out the political meaning of Ukraine’s March 26th parliamentary elections to fill the 450-seat Verkhovna Rada, the significance of the conduct of the elections should not be missed.  “Free and fair” was the resounding assessment of the OSCE-led International Election Observation Mission (IEOM) that also included observers from the OSCE Parliamentary Assembly, the Parliamentary Assembly of the Council of Europe, the European Parliament, the NATO Parliamentary Assembly, and the OSCE Office of Democratic Elections and Human Rights (ODIHR).  This unqualified positive appraisal – a first among the 12 former Soviet republics outside the Baltics that have conducted scores of elections since the 1991 breakup of the Soviet Union – underscores the consolidation of democratic gains made in Ukraine’s 2004 Orange Revolution following years of political stagnation. These clean March 26th elections stood in stark contrast to the fatally flawed first rounds of the Ukrainian presidential elections that ushered in popular revolt sixteen months earlier.  Coming on the heels of the blatantly undemocratic presidential “elections” in neighboring Belarus a week earlier, comparisons were inevitable.  The Rada elections also followed a series of recent electoral contests elsewhere in the former Soviet Union, including in Azerbaijan and Kazakhstan, which to varying degrees fell short of international standards.  The OSCE assessment in Ukraine returns the “free and fair” formulation to the lexicon of international election observations, departing from the heavily nuanced appraisals that have become common in recent years.  This development has potentially significant implications for future OSCE observations, especially with parliamentary and presidential elections expected in Russia in 2007 and 2008 respectively. Helsinki Commissioner Rep. Alcee L. Hastings, current President of the OSCE Parliamentary Assembly, was appointed by the OSCE Chair-in-Office to serve as Special Coordinator for short-term observers.  Commission staff observed on Election Day, as part of the IEOM deployment of 914 observers coming from 45 OSCE countries including Russia.  In all, the group examined voting and the vote count in nearly 3,000 polling stations.  The Commission contingent observed balloting throughout the Kiev and Cherkasy regions. The Ukrainian Government declined to invite observers from the Commonwealth of Independent States (CIS), an entity discredited in the eyes of many for its effusive praise of fundamentally flawed elections elsewhere in the former Soviet Union, including Belarus’ undemocratic March 19 presidential contest.  The CIS stood out for its sharply critical evaluation of Ukraine’s December 26, 2004 presidential elections that resulted in Victor Yushchenko’s victory in elections widely considered to have met democratic standards.  Ukraine has refused to participate further in CIS monitoring missions.  The two dozen Russian Duma observers present offered tempered, mixed opinions about the conduct of Rada elections.   Whatever shortcomings there were in these elections – and no undertaking of this scale is perfect – they appear to have resulted from late or otherwise poor planning.  Among these were delays in the formation of some district and precinct election commissions, the absence of a functioning Constitutional Court, long lines and crowding at some polling stations, and lingering inaccuracies in voter lists.  On the positive side of the balance sheet were the significantly freer media and decidedly more balanced media coverage; no systematic use of administrative resources; the transparent, consensual and professional administration of the elections at all levels; inclusion of domestic, non-partisan observers; and an overhaul of voter lists.        Election day began early with polling stations opening at 7:00 a.m.  There were over 34,000 polling stations.  Adding to the vibrancy of the elections was the large number of domestic observers, an indication of buy-in on the part of Ukrainians young and old alike with many affiliated with particular parties or candidates and others representing NGOs.  Upon entering the polling stations, one was struck by walls plastered with informational bulletins on candidates and parties.  Forty-five parties and blocs vied for seats in parliament.  While the international community was mainly focused on the parliamentary balloting, voting was also underway for regional and local government.  Voters were thus presented with four lengthy ballots: national and regional as well as local councils and mayoral races.  While some older voters were befuddled by this collection of papers, most voters seemed to take it in stride.  Election commission poll workers seemed attentive to their duties.  This was put to the test in the complicated tabulation process that began, once polling stations closed at 10:00 p.m., typically involving the sorting and counting of thousands of papers.  Processing the Rada results alone went into the wee hours of morning, with the three remaining stacks of ballots from other contests proceeding well past daybreak. The undeniable success of the domestic observation in these elections, buttressed by years of investment in training and support by the United States and others, raises obvious questions about the need for future international observations in Ukraine.  Has the time come to “graduate” Ukraine from such scrutiny and leave that necessary task to Ukrainian stakeholders themselves?  Many believe the March 26th elections confirm that that time has come, especially if Ukraine continues on its increasingly democratic trajectory.  The greater and more prominent role of domestic observers, also reinforces the notion that the time for Ukraine’s “graduation” has come.  Indeed, the OSCE should continue to encourage domestic stakeholders to prove themselves to their own people. The Maidan, Kiev’s Independence Square that featured so prominently in the massive demonstrations by orange-clad protesters in November 2004 and the jubilant crowds following Yushchenko’s victory a few weeks later, was calm on the Monday following the Rada elections.  Strolling past this bustling area, Ukrainians were going about their routines, perhaps an indicator that the politics of democracy has moved from the Maidan to the Main Streets of cities and towns throughout the country. Whatever the pundits may declaim regarding the election results or the continuing strength of the Orange Revolution, what seemed palpable was a keen appreciation for the business of governing.  Neither a democratic revolution nor a single “free and fair” election are guarantees that the resulting government will be in a position to immediately deal with the basic needs of its people.  Overcoming these obstacles will have a profound impact on how the next government meets the political and economic challenges Ukraine faces at home and abroad.                   What we can say with confidence is that the March 26th elections were a further essential step in the process of overcoming the legacy of the past – a history marred by foreign domination, genocidal famine, denial of political and cultural freedom, and more recently political stagnation.  Today, the people of Ukraine are removing the overgrowth of thorns – an image alluded to by the great poet Taras Shevchenko – that prevented them for so long from pursuing their own pathway to a brighter and more prosperous future.

  • Regarding H.R. 1053, Authorizing the Extension of Permanent Normal Trade Relations Treatment to Ukraine

    Mr. Speaker, one year ago, in my capacity as Ranking Member of the U.S. Helsinki Commission, I traveled to Ukraine with my colleague and Chairman, Congressman Chris Smith. We made our trip shortly after the historic Orange Revolution, and I was impressed by the commitment of Ukraine’s new leaders to consolidate democracy, promote respect for human rights, and modernize the country’s economy.  I also was impressed by the leaders’ commitment to further integrate Ukraine into the European and Euro-Atlantic community. I am not the only one to have been impressed by Ukraine’s efforts.  International organizations, such as Freedom House, have acknowledged Ukraine’s progress in recent years in protecting the political rights and civil liberties of its citizens. Mr. Speaker, I believe Congress should demonstrate its support for Ukraine’s reforms by approving legislation today that would grant Ukraine Permanent Normal Trade Relations status, and thereby take it one step closer to becoming a member of the WTO. The passage of PNTR for Ukraine also will show Congress’ support for the efforts of the Yushchenko government to ensure that the upcoming March 26 parliamentary elections will be free and fair.  I am pleased that my Helsinki Commission colleague from Florida, Congressman Alcee Hastings, has been appointed as the OSCE PA Special Coordinator for our election observation mission there, and I look forward to reviewing the mission’s findings and report. So far, the pre-election process, while not completely problem-free, has been dramatically different from the period leading up to the fraudulent elections of November 2004, which ignited the Orange Revolution. In the 2004 election, the Ukrainian government instructed the media about how to cover the elections and systematically abused government resources.  In contrast, the upcoming elections are expected to be free and fair.  Mr. Speaker, I also would like to take a few moments to comment on the issue that underlies the legislation we are considering today. The issue Congress is formally considering today is whether to withdraw the application of the “Jackson-Vanik” amendment to Ukraine and thereby grant Ukraine permanent normal trade relations status. The Jackson-Vanik amendment, which was adopted in 1975, was intended to provide a way for the United States to deny trade benefits to countries that are denying the rights of its citizens, particularly religious minorities. Mr. Speaker, in light of the commitment that Ukraine has demonstrated to protecting the rights of religious minorities, I think it is appropriate that we withdraw the application of the Jackson-Vanik amendment to Ukraine today. Since independence, each successive government of Ukraine has demonstrated a consistent commitment to defending the religious and ethnic rights of all the people of Ukraine.   Current President Victor Yushchenko has continued this unambiguous commitment by pledging to bring minority groups together and reconciling historic conflicts. The International Religious Freedom Report for 2005, published by the U.S. State Department, recognizes that “President Yushchenko has, since taking office, spoken publicly about his vision of a Ukraine in which religious freedom flourishes and people are genuinely free to worship as they please.” It must be understood, however, that there remain issues of concern – most notably the return of communal, religious property that was confiscated during the Soviet era, and the anti-Semitic activities of Ukraine’s largest private university – the Interregional Academy of Personnel Management (MAUP). Mr. Speaker, I have raised both these issues in recent days with the Ambassador from Ukraine and other Ukrainian officials, and I have been impressed by their commitment to addressing these issues. Ukrainian officials have assured me that the government is committed to continuing its efforts to return communal property as required under current law, and that the Government of Ukraine will continue to condemn, at the highest levels, the anti-Semitic activities of the Interregional Academy of Personnel Management. Mr. Speaker, given these concerns, I am pleased that the legislation we are considering today highlights the importance Government of Ukraine’s continuing commitment to ensuring freedom of religion, respect for minorities, and eliminating intolerance. Mr. Speaker, shortly I will yield time to the gentleman from California, Mr. Lantos, the ranking member of the International Relations Committee, and our leader in Congress on issues of human rights, democracy, and religious freedom.  Mr. Lantos is the leader in Congress of our Task Force to Combat Anti-Semitism, and I want to thank him for working with me, the Helsinki Commission, and the OSCE as we have also battled against the rising tide of anti-Semitism in Europe. Ukraine has agreed to certain commitments to fight anti-Semitism – as have all 55 Participating States in the OSCE – and let me make it crystal clear today that we intend to hold Ukraine to those commitments, including their responsibility to denounce anti-Semitic statements, vigorously enforce hate crimes laws, and promote diversity and tolerance in school curricula.  I am pleased that Section 1, paragraph 4 of the resolution before us today references these OSCE commitments. Let me make a personal reflection here.  During my visit to Ukraine last year, I also visited two monuments – the Ukraine Famine memorial, honoring the millions of victims of Stalin’s genocidal 1932-1933 famine, and Babi Yar, where hundreds of thousands of Jews and others were massacred by the Nazis during World War II. Mr. Speaker, it was a very moving experience for me to lay wreaths at the sites of these two memorials. These horrific events were a testament to the cruelty and intolerance of dictatorships.  I do believe that today’s independent Ukraine now understands that respect for human rights and a commitment to democracy and tolerance are the best inoculation against horrors like the Famine and Babi Yar.  The U.S. Government, the Helsinki Commission, and the OSCE look forward to working with a democratic Ukraine as they continue to build their institutions of democracy, establish the rule of law, protect human rights and religious freedom, and combat corruption. In closing, I commend Ukraine for its progress in promoting political and economic freedom for its citizens, and its integration into the global, rules-based economy.  I urge my colleagues to join me in demonstrating support for Ukraine’s efforts by voting today to grant the country permanent normal trade relations status.

  • Congratulating the Children of Chornobyl Relief and Development Fund

    Ladies and Gentlemen, I congratulate the Children of Chornobyl Relief and Development Fund on the launch of the Chornobyl 20 Commemorative airlift.  This feat builds upon the Fund’s impressive record of having sent 31 airlifts and 16 sea shipments to Ukraine, delivering humanitarian aid valued at over $53 million.  The airlifts are just one aspect of CCRDF’s vital and far-reaching work over the last 15 years in helping the most vulnerable in Ukraine – her children.  And, as a Congressman from New Jersey, I’m proud of the work of CCRDF and its supporters in the Cherry Hill-Marlton, Trenton area.   Ten years ago, I chaired a Helsinki Commission hearing on the 10th anniversary of Chornobyl, at which CCRDF Executive Director Alex Kuzma and other witnesses, including then Ukrainian Ambassador Yuri Shcherbak offered compelling testimony addressing the health and demographic consequences of the word’s worst nuclear disaster.  I’m pleased that Ambassador Shamshur has accepted the Helsinki Commission’s invitation to testify at our Chornobyl 20th anniversary hearing which will be held on April 25th.   As a strong advocate of the health of all children, including the unborn, Chornobyl is of special concern.  In Ukraine and Belarus, there is growing evidence of a steep increase in birth defects, especially an alarming 4-fold increase in spina bifida that has been documented by the Ukrainian-American Association for the Prevention of Birth Defects.  Many other forms of birth defects have doubled since Chornobyl, including cataracts, deformed limbs and fingers and cleft palates.  Recent Israeli-Ukrainian studies have shown that children born to Chornobyl liquidators have a seven-fold increase in chromosome damage as compared to their siblings born prior to the Chornobyl disaster.   Last year, I authored language that was included in the State Department Authorization Act authorizing funding for assistance to improve maternal and prenatal care, especially for the purpose of helping prevent birth defects and pregnancy complications.  The monies would be for individuals in Belarus and Ukraine involved in the cleanup of the region affected by the Chornobyl disaster.  We need to make sure that Chornobyl health studies and efforts to prevent birth defects through the distribution of folic acid and better prenatal care receive sufficient funding.  These are funding priorities that I will continue to pursue.   The public health research community was caught off guard by the massive 80-fold increase in thyroid cancer among Chornobyl children in Belarus in 1993, and the world community needs to remain vigilant for other forms of cancer that may begin to emerge now that the 20-year latency period has ended.   We need to remember that the half-life of radioactive cesium is 30 years.  Thousands of children are still being exposed to dangerously high levels of radionuclides in contaminated areas of southern Belarus and northern Ukraine, as well as far-flung areas in Scandinavia and Central and Eastern Europe that also suffered from radioactive fallout.  There is still much that remains to be done to overcome the devastating effects of Chornobyl, and it is important for the international community – both governments and non-governmental organizations – to remember that Chornobyl is not just a Ukrainian, Belarusian or Russian problem.  The fallout will require continued international attention and commitment.   We also need ongoing support for organizations like CCRDF that have worked for 16 years to provide state-of-the-art medical technology, physician training and humanitarian aid to give Ukrainian children a fighting chance to overcome cancer and leukemia. Clearly, there is much work that remains to be done.  Again, I commend the devoted leadership, staff, volunteers and supporters of CCRDF for your tireless work and deep commitment to a most noble cause.   

  • Freedom Denied: Belarus on the Eve of the Election

    Presidential elections in Belarus are scheduled to be held March 19, against the backdrop of stepped up repression by the regime of Alexander Lukashenka. The Belarusian strongman's power grab, begun a decade ago, has included liquidation of the democratically elected parliament, a string of fundamentally flawed elections and manipulation of the country's constitution to maintain power. A climate of fear following the disappearance of leading opposition figures in 1999 has continued with the harassment and arrests of opposition activists and the forced closure of independent newspapers. Rights violations in Belarus have intensified in the aftermath of the Orange Revolution in neighboring Ukraine, as the regime seeks to squelch dissent. The repressive environment has made it difficult for opposition candidates to engage in normal campaign activities. Meanwhile, administration of the elections at all levels remains firmly in the hands of Lukashenka loyalists.

  • Riding Roughshod Over Rights in Belarus

    Mr. Speaker, as co-chairman of the Helsinki Commission and the sponsor of the Belarus Democracy Act, I remain deeply concerned about the violations of human rights occurring every day in Lukashenka's Belarus.   During a recent news conference, the autocratic Belarusian leader expressed confidence in his victory in the presidential election scheduled for next year, rhetorically asking why should he be rigging this election. Given his intensified assault on civil society, his dismal human rights record, and penchant for rigged elections, Mr. Lukashenka's statements ring hollow. Yet, Lukashenka's actions against democratic forces, non-governmental organizations and the independent media belie his stated confidence regarding electoral victory.   Last week, the lower chamber of Lukashenka's pocket parliament passed a law endorsing tougher new penalties for activities “directed against people and public security,” a proposal submitted to the parliament only days before passage. These changes to the Criminal Code increase penalties for participation in organizations that were liquidated or warned to stop their pro-democratic activities, or for the training and other preparations for unauthorized demonstrations or other civic actions.   Mr. Speaker, to cite just one of the draconian provisions, the Code now gives authorities the leeway to jail an individual for up to 2 years for “providing a foreign country, a foreign or international organization with patently false information about the political, economic, social, military, and international situation of the Republic of Belarus.” Putting aside the matter of such a provision violating free speech norms, if the past is any guide, it is clear who would be the arbiter of what constitutes “false information.” There can be no doubt that the law aims to stifle the democratic opposition, and the head of the KGB (yes, in Belarus it is still called the KGB) himself recently admitted that the reasons for the law is to discourage street protests during the upcoming presidential race.   This law, while particularly blatant, is part and parcel of other actions designed to strengthen the regime's control and deny the Belarusian people any alternative voices as the presidential election campaign unfolds. Last month, a new law further controlling political parties came into force. A recent Council of Ministers decree clamps down on organizations that conduct public opinion polls. A Lukashenka decree further discriminates against independent trade unions, stipulating that only trade unions belonging to the pro-governmental federation are granted the right to premises at no cost. Yet another decree considerably limits students' opportunities to travel abroad.   Meanwhile, opposition activists are routinely beaten up or detained. Just last week, for instance, Ales Kalita was detained and at the hands of the police suffered a dislocated arm for merely distributing the independent newspaper “Narodna Volya.” Viktor Syritsya, a lecturer at Baranavichi College was fired for organizing a meeting of students with presidential opposition candidate Alexander Milinkevich. Belarusian State Economic University in Minsk expelled fourth-year student Tatsyana Khoma because she took a brief trip to France, where she was elected to the executive committee of the Brussels-based National Unions of Students in Europe (ESIB), an umbrella organization of 44 national student unions from 34 countries. The police beat activist Mikita Sasim. They detained youth activists Yauhen Afnagel and others. Other repressive actions include frequent arrests of activists of democratic youth movements such as ZUBR, a ban on worship by some religious congregations and other repressive actions against selected religious minorities, and continued harassment of members of the Union of Poles in Belarus.   Moreover, there is an emerging pattern of the regime putting obstacles in the way of Mr. Milinkevich. Recently, a public meeting he held in Borbuisk was disrupted by the authorities, with participants being told by the authorities to go home and threatened with tax inspections. During a press conference, the electricity in the room was cut off, as well as a “hot-line” phone with town residents.   Especially egregious has been the regime's intensification of the war against the already repressed and struggling independent media. Newspaper closures, suspensions, threats, and exorbitant and absurd libel fines, pressures on advertisers and other forms of harassment have become routine. Outright police confiscations of independent newspapers are also not uncommon. A seemingly more subtle tactic, implemented just a few weeks ago, involved the decision by Belarus' monopoly state postal service to stop delivery to subscribers of a dozen private periodicals. Meanwhile, the suspicious murder in 2004 of journalist Veronika Charkasova has not been resolved. Authorities have refused to open a criminal investigation into journalist Vasil Hrodnikau's death. Lukashenka himself recently admitted to Russian journalists that his regime applies very serious pressure on the media, somewhat incongruously adding that ``this does not mean I am crushing them.''   Mr. Speaker, what I have cited is by no means an exhaustive list of abuses perpetrated by the Lukashenka regime, merely a sampling of the types of repressive actions employed on a daily basis by Europe's last dictator. As Helsinki Commission Co-Chair, I will continue to monitor closely and speak out forcefully regarding these and other violations of Belarus' freely undertaken OSCE commitments. I urge the Bush Administration to step up efforts to break the Lukashenka regime's near monopoly over the country's information space and provide timely assistance to pro-democracy forces in Belarus.   It is clear that Mr. Lukashenka and his minions are laying the groundwork for yet another un-free and unfair election--similar to the 2001 presidential elections and the 2000 and 2004 parliamentary elections--that will fall far short of OSCE standards. Lukashenka is once again showing that, despite his confident rhetoric, he fears his own people and profoundly fails to respect their dignity as citizens and as human beings.

  • American Agenda Moves Forward at the 14th Annual OSCE Parliamentary Assembly

    The 14th Annual Meeting of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly convened in Washington, DC, July 1-5, 2005. Speaker of the House, J. Dennis Hastert (R-IL), the host for this year’s Assembly, welcomed more than 260 parliamentarians from 51 OSCE participating States as they gathered to discuss various political, economic, and humanitarian issues under the theme, “30 Years since Helsinki: Challenges Ahead.”  Commission Chairman Senator Sam Brownback (R-KS) served as head of the U.S. Delegation, Co-Chairman Christopher H. Smith (R-NJ) was delegation vice-chairman.  Secretary of State Dr. Condoleezza Rice gave the inaugural address at the assembly’s opening session, thanking the members of the OSCE PA for their work toward “human rights, the rule of law, free and fair elections, and the development of transparent, accountable institutions of government across the OSCE community and around the globe. “As the Chairman-in-Office and Parliamentary Assembly take a fresh look at the OSCE agenda and consider these and other items, preserving the integrity of Helsinki principles and ensuring that the OSCE continues to be an agent of peaceful, democratic transformation should be paramount objectives,” Secretary Rice said. Chairman Brownback in plenary remarks underscored the rich history of the Helsinki Process, unwavering U.S. commitment to human rights and the dignity of the individual, and the dramatic advances made in Georgia, Ukraine, and Kyrgyzstan.  At the same time, he pointed to the remaining work to be done in the OSCE region and beyond to meet the promises made with the signing of the 1975 Helsinki Final Act.      Offering guidance to the body, OSCE PA President and Helsinki Commissioner Rep. Alcee L. Hastings (D-FL) reiterated the gathering’s theme:  “In this new Europe, and in this new world, the OSCE and the OSCE Parliamentary Assembly must stand ready to respond to new threats and challenges, and this means evolving and adapting to new realities.” Agenda and Issues Among the issues considered by the Assembly were recommendations for changes in the OSCE Code of Conduct for Mission Members, efforts to combat human trafficking, and calls for greater transparency and accountability in election procedures in keeping with OSCE commitments made by each of the 55 participating States. The First Committee on Political Affairs and Security met to discuss matters of terrorism and conflict resolution, including resolutions on the following topics: terrorism by suicide bombers the situation in Abkhazia, Georgia terrorism and human rights Moldova and the status of Transdniestria Under the chairmanship of Rep. Benjamin L. Cardin (D-MD), the Second Committee on Economic Affairs, Science, Technology and Environment moved on a number of issues, including resolutions and amendments on: small arms and light weapons maritime security and piracy the OSCE Mediterranean dimension money laundering the fight against corruption The Third Committee on Democracy, Human Rights and Humanitarian Questions tackled a number of resolutions, as well as two supplementary items brought by members of the U.S. Delegation.  Other topics addressed by the Committee included:         the need to strengthen the Code of Conduct for OSCE Mission Members combating trafficking in human beings improving the effectiveness of OSCE election observation activities The Assembly plenary met in consideration of the resolutions passed by the general committees as well as the following supplementary items: improving gender equality in the OSCE combating anti-Semitism Special side events were held in conjunction with the 5-day meeting, including a briefing on the status of detainees at the U.S. Naval Station at Guantanamo Bay, Cuba, held by senior U.S. officials from the Departments of Defense and State.  Members of the U.S. Delegation also participated in the following organized events: Parliamentary responses to anti-Semitism Working breakfast on gender issues Mediterranean side meeting Panel discussion on the Nagorno-Karabakh conflict Human rights in Uzbekistan Meeting of the parliamentary team on Moldova In addition, while participating in the Assembly, members of the U.S. Delegation held bilateral meetings with fellow parliamentarians from Azerbaijan, Georgia, Kazakhstan, and Turkmenistan.  They also had formal discussions with the newly appointed OSCE Secretary General Marc Perrin de Brichambaut. Key U.S. Initiatives The successful adoption of a number of supplementary items and amendments to the Assembly’s Washington Declaration illustrated the extent of the activity of the members of the U.S. Delegation in the three Assembly committees.  The delegation met success in advancing its initiatives in human trafficking, election observation activities, and religious freedom. As a result, the Washington Declaration reflects significant input based on U.S. initiatives. In the General Committee on Democracy, Human Rights and Humanitarian Questions, Senator Voinovich (R-OH) sponsored, and successfully passed, a supplementary item on funding for the Office for Democratic Institutions and Human Rights (ODIHR) to allow it to continue its missions and responsibilities. Speaking on the passage of his resolution on combating trafficking at the hands of international peacekeepers, Co-Chairman Smith said, “In the past, the lack of appropriate codes of conduct for international personnel, including military service members, contractors, and international organization’s employees, limited the ability to counter sexual exploitation and trafficking.  That is finally changing.” The U.S. Delegation also overwhelmingly defeated text offered by the Russian Delegation that would have weakened the ability of ODIHR to effectively perform election observations.  Co-Chairman Smith, principal sponsor of the amendments that served to frustrate the Russian resolution, praised the OSCE Parliamentary Assembly saying, “The Parliamentary Assembly has reaffirmed the central and historic leadership role of the OSCE’s Office of Democratic Institutions and Human Rights in monitoring elections….Parliamentarians from the participating States have soundly rejected the ploy to weaken OSCE election standards, holding participating States accountable when they fail to fulfill their OSCE election commitments.” On the issue of religious freedom, the U.S. Delegation carried through two amendments to the final Assembly declaration. “I am very pleased that these amendments passed,” said Co-Chairman Smith, who offered the amendments to the draft resolution.  “However, the fact that the first amendment passed by only 10 votes underscores the continuing challenge in the fight for religious liberties in the OSCE region.  The fact that parliamentarians are willing to discriminate against minority religious communities is sobering.” In addition, an amendment brought by Del. Eleanor Holmes-Norton (D-DC) that calls on the U.S. Congress to grant voting rights for residents of the District of Columbia secured passage. Leadership Positions Commissioner Hastings was re-elected unanimously to another one-year term as the President of the OSCE Parliamentary Assembly.  Joining the U.S. leadership on the Parliamentary Assembly, Commissioner Benjamin L. Cardin was also re-elected Chairman of the General on Economic Affairs, Science, Technology and Environment by unanimous decision.  Commission Co-Chairman Christopher H. Smith continues in his role as Special Representative on Human Trafficking to the OSCE PA.  Additionally, Rep. Hoyer chaired the Ad Hoc Committee on Transparency and Accountability, which works to foster greater response from the governments of participating States to Assembly initiatives. The close of the Assembly was marked with the adoption of the Washington Declaration and concluding remarks by OSCE PA President Hastings. The Parliamentary Assembly will meet again next year, July 3-7, in Brussels, Belgium. U.S. Delegation to 14th Annual OSCE Parliamentary Assembly: Commission Chairman Sen. Sam Brownback (R-KS) Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) Sen. George Voinovich (R-OH) Rep. Steny H. Hoyer (D-MD) Rep. Louise McIntosh Slaughter (D-NY) Rep. Alcee L. Hastings (D-FL) Rep. Robert Aderholt (R-AL) Rep. Mike McIntyre (D-NC) Rep. Joseph R. Pitts (R-PA) Rep. Mike Pence (R-IN) Del. Eleanor Holmes Norton (D-DC)

  • The “Yukos Affair” and Its Implications for Politics and Business in Russia

    Co-Chairman of the Commission on Security and Cooperation, Hon. Chris Smith, addressed the subject of the rule of law in Russia and its relationship to business and politics in the context of Russia’s approaching chairmanship of the G-8 at the end of the year. An argument was made that the Yukos case was characterized by selective prosecution and blatant legal arbitrariness. The potential outcomes of Russia indifference or hostility to the rule of law were also addressed. Witnesses testifying at the briefing – including Leoni Nevzlin, Former Executive of Yukos Oil, and Peter Roudik, Senior Foreign Law Specialist for the Law Library of Congress – examined the deficiencies of Russia’s legal system and the shortcomings of the criminal justice reform that was supposedly implemented and completed successfully.

  • Examining Efforts to Eradicate Human Trafficking

    Mr. Speaker, May 12, 2005, I chaired a Capitol Hill briefing, “Sex Trafficking in Eastern Europe: Belarus, Moldova, and Ukraine,” conducted for the Congressional Human Rights Caucus. The Caucus heard testimony from a number of excellent witnesses regarding current efforts in Eastern Europe to combat human trafficking for forced economic or sexual exploitation.  Since the late 1990s, I have worked to eradicate trafficking in the United States and around the world. As Co-Chairman of the Commission on Security and Cooperation in Europe and as Special Representative on Human Trafficking for the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE), I have given particular attention to the situation in the 55 OSCE participating States, which include source, transit and destination countries for victims of trafficking, such as Belarus, Moldova and Ukraine, The United States has been a solid supporter of the OSCE's role in generating the political will--and programmatic responses--necessary to stop trafficking in Europe and Eurasia.  Among those briefing the Congressional Human Rights Caucus was Michele Clark, Head of the OSCE's Anti-Trafficking Assistance Unit in Vienna, Austria, and previously Co-Director of The Protection Project at Johns Hopkins University. Ms. Clark is a dedicated and knowledgeable anti-trafficking advocate. Her recognized expertise on human trafficking issues led to her appointment at the OSCE in which she is now at the forefront of the anti-trafficking movement in Europe.  Mr. Speaker, I ask that Ms. Clark's prepared statement from the briefing be printed in the Congressional Record. Her statement was both visionary and practical and challenges all of us--Members of Congress and representatives of governments alike--to take bold, definitive steps to eradicate modem day slavery. Ms. Clark's statement also encourages us, and I believe rightly so, to evaluate carefully whether our current programs and strategies are effectively meeting that challenge.  TESTIMONY OF MICHELE A. CLARK, HEAD, ANTI-TRAFFICKING ASSISTANCE UNIT, ORGANIZATION FOR SECURITY AND COOPERATION IN EUROPE: SEX TRAFFICKING IN EASTERN EUROPE: MOLDOVA, UKRAINE, BELARUS  I am Michele Clark, Head of the Anti-Trafficking Assistance Unit at the Organization for Security and Cooperation in Europe (OSCE) in Vienna, Austria. The OSCE has a long history of combating all forms of human trafficking, including trafficking for commercial sexual exploitation as well as forced and bonded labor within the framework of prevention, prosecution and protection. A unique characteristic of the OSCE's Action Plan to Combat Trafficking in Human Beings is the recognition of human trafficking as a complex, multidimensional issue with far reaching security implications. Consequently, the Action Plan enjoins all of the OSCE institutions and structures, including the Strategic Police Matters Unit and the Office of the Coordinator for Economic and Environmental Activities, as well as the Office for Democratic Institutions and Human Rights, to work together toward combating trafficking in human beings.  I appreciate the opportunity to address you today on the status of Trafficking in Human Beings in Eastern Europe with a focus on the countries of Moldova, Belarus and Ukraine. I would like to thank you, members of the Human Rights Caucus, for your sustained commitment to this noble cause and for keeping informed of the most current issues, trends and challenges. The OSCE looks forward to being of assistance to you in any way we can, and to continuing our good work together.  The movement to Combat Trafficking in Persons is poised to become one of the most significant human rights movements in the past two hundred years, but it isn't there yet. I say this very carefully. For, notwithstanding the central position that human trafficking has occupied on the world stage for the past five years, the tragic, graphic stories by print and broadcast media, the high level of political visibility and, last but far from least, the hundreds of millions of dollars and Euros made available by donor countries, trafficking in human beings is in fact a growth industry. Obviously, this statement begs the question, “Why?” I would like to devote the bulk of my testimony today to providing some thoughts that might prove beneficial to policy makers as well as practitioners as we all attempt to “get it right.” I would like to begin with a real-life story. Mariana and Jana  A year and a half ago, I went to Moldova. Although I went there to participate in an international conference, one of my personal goals was to visit with a family I had only heard about, but wanted very much to meet. Four months earlier, the eldest daughter, a beautiful young woman in her early twenties and herself the mother of a three-year-old daughter, tragically killed herself, by hanging in the country where she had been trafficked, abused, finally imprisoned as she waited to participate in the prosecution of her traffickers. I do not apply the word, "rescue" to such circumstances. She worked with the law enforcement officials of that country and her testimony resulted in a conviction and stiff sentence. The only option available to her, at the end of the legal proceedings, was return to her country, and for that she was asked to pay $80 for her travel documents. Return to what, however? A job that would pay about 30 dollars a month? A home without a father, because hers was absent 8 months of the year, a migrant worker in Western European countries, trying to make money to send home? For her daughter, a life with prospects not much different than her own? Rather than return to a future with no hope, Mariana as I will call her now, ended her own life.  Her body was flown to Moldova, where she was buried. An international organization there as well as an NGO in the destination country contributed to the transport of the body and to the funeral costs. I went to see her mother, younger sister Jana, and her daughter Victoria. We spent many hours together over several days, but the family did not want to talk about Mariana--although everyone knew what had happened to her. The stigma of Mariana's life as a trafficked woman was a great burden for the family. Coupled with the suicide, it was too much to bear. There were no visible pictures of her in the home but I finally asked to see photos. The mother warmed to us then and for a few moments we all wept together as women and as friends. All except for little Victoria who continued to express anger that her mother came home in a box and that she was not allowed to see her.  In particular, I was deeply moved by the younger sister, Jana, and became concerned for her future. Blonde (as much as it pains me, there is a stereotype), bright-eyed and quite lovely, she asked eagerly about life in the United States and wondered if I could help her get there. I thought, how easily swayed she would be by anyone who offered her a situation similar to her sister's. For weeks her image would not leave me and I made some inquiries, unwilling to accept that her plight had to be the same as her sister's. Was there in fact no hope for her? I learned that a year of university would cost about $USD 500; she would then need money for supplies and fees, and income to supplement the money she was making in a candy factory. I engaged with a social worker there, part of a large organization that assisted trafficked women. I asked them, what could happen, and what were the options? It took a long time to get answers, because the social workers have very little capacity to assist victims, or potential victims, to find long-term solutions, the focus being primarily on emergency care. Finally I was told that Jana could be sent to hairdressing school, and that she would receive assistance with job placement after she left. However, there was no money, not even the small sum $800 that would take care of all costs. Together with a few friends, we paid for Jana to go to school, and learn a trade. I was deeply disappointed at how few options were available and by the lack of attention to the long term. Parenthetically, I must say how exasperated I get when I hear that vocational training for trafficked women consists of beauty school. This is certainly a fine trade, but how many beauticians can small countries support? Another important fact is that many of these women are intelligent and resourceful, and would do well in business or any of the other professions.  To summarize this story, I would like to quote my colleague Antonia DeMeo, who is the Human Rights and Senior Anti-Trafficking officer at the OSCE Mission to Moldova: "If the economic situation in Moldova would improve, then I believe that the trafficking problem would decrease. People are looking for work and money, and better opportunities for the future, and will take significant risks to get them. [While working in the Balkans] I saw numerous asylum and residency petitions filed by Moldovans and none of them wanted to return to Moldova. Why? Because they saw no future there. You can provide them with all the counseling you want--it will not solve the problem of creating a viable future." Characteristics of Countries of Origin  Today we are talking about three different countries: Moldova, Belarus and Ukraine. I would like to identify common elements among each of these countries in an effort to assist our policy and programmatic initiatives.  These three countries are among the top ten countries of origin for trafficking for prostitution in the world, according to a United Nations report dated May 2003. It is interesting here to note that these countries have all undertaken serious efforts towards legislative reform to address trafficking in human beings. Laws alone do not stop trafficking, although they are a necessary place to start.  These countries share many of the same routes, and many of the same countries of destination, including but not limited to Italy, the United Arab Emirates, Germany, Czech Republic, Belgium, Switzerland, Sweden, Greece, France, Finland, the Netherlands, Hungary, Poland and the United States.  These countries are primarily countries of origin for women trafficked for purposes of commercial sexual exploitation. However, recent studies of trafficking patterns in these countries indicate new trends, notably trafficking of children (boys and girls), trafficking for labor, and the development of local sex tourism. This particular trend is very unsettling. The sex tourism is a by-product of coveted commercial development necessary to the betterment of the collapsing economic infrastructures.  Numbers of trafficked persons are very difficult to come by, with most information being provided by countries of destination. Victim identification remains inadequate.  Most trafficked persons return to the same conditions which initially compelled them to seek employment elsewhere. The hardship is compounded, however, by the fact that they are often stigmatized as a result of their trafficking experiences. Furthermore, criminal status that ensues from being considered an illegal immigrant, or being in possession of fraudulent documentation further marginalizes these women and shuts them out of the formal economy.  Overall, there is a lack of protection and re-integration programs for returning trafficked persons. Most programs provide short term assistance only and are not equipped to provide long-term support to trafficked persons. Failure in identification of trafficked persons and the subsequent dearth of long-term assistance appear to be factors which contribute to re-trafficking.  Each country has experienced a period of great political instability. Challenges to Combating Trafficking in Human Beings  I believe that both countries of origin and of destination have a responsibility for providing protection and assistance to victims of trafficking, for the plight of women like Mariana, and to ensure that Jana, and even Victoria, will be able to contemplate a future with options and possibilities, much in the way all of us in this room approach the future.  In countries of origin, root causes need to be considered. These run very deep, and comprise social and economic push factors that drive women to seek employment overseas, including the absence of alternatives, the social stigma that leaves trafficked persons marginalized, and the on-going need to provide financial assistance to their families. It is also necessary to consider wide-spread corruption, the lack of a human rights approach, mistrust towards the police and judiciary, the absence of a tradition to resolve issues through court procedures, lack of co-operation between the State and the civil society, widely spread distrust towards NGOs as foreign agents and representatives of political opposition, inadequate funding for the implementation of anti-trafficking programs and projects, lack of co-operation with countries of destination. This list goes on.  Countries of destination, on the other hand,--and this includes us--will have to concretely recognize that they create the demand which encourages human trafficking and enables organized criminal groups to generate billions of dollars annually in tax-free revenue at the cost of human misery. Furthermore, countries of destination need to develop humane and compassionate approaches to victim identification, victim protection, and long-term victim assistance. Successful reintegration begins at the country of destination.  After making this distinction, I personally believe that it is no longer adequate to talk about solutions, policies and practices directed exclusively towards countries of origin and destination, for these countries are in fact linked by very complex relationships that include financial institutions, border and immigration police, law enforcement, the tourist and transportation industry, and other equally significant commercial and professional enterprises. To address only a country of origin without looking at where the reward comes from for criminal activity is an incomplete approach, and will therefore yield incomplete results. Regional approaches to combating trafficking in persons, linking countries of destination and origin, have the best potential for arriving at comprehensive and systemic solutions.  In addition to the challenge of complex political and commercial relationships mentioned above, I would like to talk briefly about the great challenge of victim identification, underscoring why there is such urgency in addressing this topic. From 1 January 2000 to 31 December, 2004, the International Organization for Migration (IOM) and other nongovernmental organizations assisted 1,464 trafficking victims to return to Moldova, and this number includes 81 minors. In 2004, one destination country alone documented repatriation of 1,774 Moldovan women. These women were listed as illegal immigrants; however, human rights groups in this country attest that the majority of Moldovan women who are arrested for violations of immigration laws are victims of trafficking. Similar discrepancies can be found among the other countries we are talking about. In one year, one country reported more Moldovan women than other reports claim were helped in five years. These discrepancies require our serious consideration. Why the discrepancy? What needs to be changed in order for women to seek out assistance? Are the right groups providing the assistance so that trafficked persons feel protected? Is the assistance appropriate to the need? Policy Implications  Here I would like to ask two more questions:  (1) What about the present? Are we really making progress? If trafficking, as all indicators tell us, is in fact a growth industry, then what do we not know? What are we getting wrong? What in fact is the real impact of anti-trafficking funding?  (2) What about the future? Are our current efforts helping to lay a foundation that will enable prevention, protection and prosecution to continue after donor funds have decreased?  I am particularly concerned about the need to think about investing in the creation of sustainable grass roots initiatives as opposed to reactive project development. The question of funding is of particular concern to me right now. Wealthy nations have responded generously both by making funds available and by elevating this issue to one of high political visibility. But let us be realistic. History shows us that in time, another world crisis will capture world attention as well as money, even though human trafficking itself will not disappear. Will there be organizations, movements, trained personnel in rural communities, small towns and big cities who will be able continue to pressure their governments and work to assist individuals?  Let us look again at Moldova. This small country with a population of barely 4 million people is now receiving between $USD 10M-12M over several years to combat trafficking in persons. Here are some questions we need to think about, not only for Moldova, but for all countries receiving large amounts of external assistance.  To what extent are these funds actually reaching trafficked persons or developing grass roots capacity?  To what extent are these funds being invested to ensure sustainable anti-trafficking initiatives?  To what extent is there coordination among donors to ensure that there are no duplicated efforts?  Who is around the table at these coordinating meetings? Are the right partners present in order to make sure that these efforts are able to continue into the future, long after grant money has decreased?  Are the faith communities involved? It is well known at this time that faith communities have the capacity to reach trafficked persons which are normally outside of the grasp of other organizations; this comes from the fact that they are closely linked to the communities and have the trust of the local populations--including the trust of trafficked persons.    Recommendations  1. Coordinate initiatives of major donors to ensure that there will be no duplication of efforts, and that there will be monitoring of grant activities.  Make sure that grants provide for a broad representation of local NGOs.  Make sure that funded projects ensure provision of benefits directly to individuals and to the empowerment of small local NGOs. Many budgets give only token amounts to local initiatives while having large budgets for travel and foreign consultants. This is the time to develop the grass roots work force.  Develop existing capacity and cultivate potential/future capacity. Are there sufficiently trained service professionals? Do countries' economic development plans foresee the training of new members of the work force taken from returning trafficked persons?  Develop a long-term perspective to finding long-term solutions rather than only addressing immediate needs.  Give priority to programs that work towards social inclusion--the forgotten stepchild of the anti-trafficking movement. Make reintegration a long-term policy.  Members of the Human Rights Caucus, I will end where I began, challenging us to consider that we could be part of the greatest human rights movement of the past two hundred years, with a legacy of freedom, redemption and hope that will serve as a model for generations to come. Do we have the courage, the discipline, and the wisdom to make it happen? May it be so. Thank you.

  • The Future of Human Rights in Kosovo

    This hearing, held by Sen. Sam Brownback and Rep. Chris Smith , stressed, among other things, that there was still a lot of work to be achieved regarding human rights in Kosovo, such as security and property issues. In particular, Brownback and Smith focused on the international community, including countries in the OSCE region. This hearing was held with increased diplomatic activity that may have led to consideration of Kosovo’s status in 2005 in mind. Witnesses to this hearing included Soren Jessen-Petersen, Special Representative of the UN Secretary General and Head of the UN Mission in Kosovo, and Charles L. English, Director of the Office of South Central European Affairs at the U.S. Department of State.  

  • Slovenia’s Leadership of the OSCE

    This hearing examined the challenges facing the Organization for Security and Cooperation in Europe in 2005. New and emerging threats from external actors, including terrorist organizations and rogue regimes, have led the organization to take a greater look at its periphery and seek multilateral responses to issues ranging from terrorist financing to arms proliferation. Issues related to OSCE work were on the agenda of the recent Bush-Putin summit in Bratislava and could impact the organization’s future activity. The testimony of His Excellency Dimitrij Rupel, Foreign Minister of Slovenia and this year’s OSCE Chairman, presented an overview of the wide array of initiatives undertaken by the OSCE regarding issues like human trafficking, organized criminal activity and official corruption, anti-Semitism and other forms of intolerance, human rights violations in countries of Central Asia, and areas of tension or conflict in the Caucasus, the Balkans and elsewhere in the expansive OSCE region. Strategies for continuing to pursue these issues were discussed.

  • Belarus: Outpost of Tyranny

    Mr. President, over the course of the last few months, we have witnessed dramatic events in one of Europe's largest countries, Ukraine. The Orange Revolution has clearly shown that people power can bring about peaceful democratic change some thought was not possible in a former Soviet state. As a result, and with the support of the United States, Europe and international organizations such as the Organization for Security and Cooperation in Europe OSCE, Ukraine is on the path to freedom and democracy. Notwithstanding the formidable challenges that remain to overcome the legacy of the past, Ukraine now has a real chance at consolidating its democracy and further integrating into the Euro-Atlantic community.   Unfortunately, the news out of Belarus, Ukraine's neighboring fellow eastern Slavic country to the north stands in stark contrast to the encouraging news coming out of Ukraine. Secretary Rice, in her confirmation testimony, characterized Belarus, along with North Korea, Iran, Cuba, Burma, and Zimbabwe as an outpost of tyranny and asserted that America stands with oppressed people on every continent. Belarus, under Alexander Lukashenka's now 10-year repressive rule, has the worst human rights record of any country in Europe. Lukashenka's regime has increasingly violated human rights and freedoms and has made a mockery of commitments that Belarus freely undertook when it joined the OSCE in 1992.   Nothing has changed for the better since last October's fundamentally flawed parliamentary elections and rigged referendum allowing Lukashenka unlimited terms as president. In November, Lukashenka appointed Viktor Sheiman as head of the powerful Presidential Administration, despite credible evidence linking Sheiman to the disappearances of opposition leaders and a journalist in 1999 and 2000.   The harassment and persecution of civil society has intensified. A top opposition figure, Mikhail Marinich, was sentenced in late December on the charge of stealing, of all things, U.S. government property, in this case, computers, despite the fact that the U.S. Embassy in Minsk makes no claims against Marinich. Clearly, Lukashenka wants to eliminate Marinich as a potential candidate for the 2006 presidential elections.   Other opposition leaders, Valery Levaneuski and Alyaksandr Vasilyeu, continue to serve terms in a minimum security colony after having been found guilty of “public slander” of the Belarusian leader. Their crime? Distributing leaflets urging people to take part in an unauthorized rally. The leaflets contained a satirical poem about Lukashenka. Another example of Belarus' reluctance to promote human rights is the recent refusal to grant a visa to former OSCE Parliamentary Assembly Chairman and Romanian Foreign Minister Adrian Severin, who now serves as the UN Human Rights Commission's Special Rapporteur on Belarus. The Belarusian regime has also clamped down on independent NGOs and prodemocracy political parties with Kafkaesque legal requirements and has mounted a full-fledged assault on independent trade unions. Problems are being experienced by religious communities attempting to operate freely.   As Chairman of the Helsinki Commission, charged with monitoring and encouraging compliance by all 55 participating States with OSCE agreements, I call upon the Belarusian authorities to live up to their freely-undertaken commitments with respect to democracy, human rights and the rule of law. Last October, President Bush signed into law the Belarus Democracy Act, which had been introduced in the Senate by then Helsinki Commission Chairman Senator Campbell and in the House by commission co-chair Christopher Smith, stating:   We welcome this legislation as a means to bolster friends of freedom and to nurture the growth of democratic values, habits, and institutions within Belarus. The fate of Belarus will rest not with a dictator, but with the students, trade unionists, civic and religious leaders, journalists, and all citizens of Belarus claiming freedom for their nation.   It is essential that we in the Congress, together with the administration and the OSCE, keep faith with the courageous people of Belarus struggling to ensure freedom and democratic values for their long-suffering country.

  • Helsinki Commission Leaders Visit Ukraine

    By Orest Deychakiwsky Staff Advisor United States Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Commission Member Rep. Benjamin L. Cardin (D-MD) met with Ukrainian officials, non-governmental organizations, and religious leaders in Kyiv, Ukraine on February 26-27, 2005. The delegation also laid wreaths at the Memorial to the Victims of the 1932-33 Terror-Famine and at the Babyn (Babi) Yar memorial. The Commissioners had substantive and far-reaching meetings with Ukraine’s State Secretary Oleksandr Zinchenko, Foreign Minister Boris Tarasyuk, Justice Minister Roman Zvarych, Minister of Transportation and Communications Yevhen Chervonenko, and Chairman of the parliament’s Committee on Organized Crime and Corruption Volodymyr Stretovych. The meetings covered many topics, including the lifting of the Jackson-Vanik amendment and granting normal trade relations (NTR) status as well as facilitating Ukraine’s entry into the World Trade Organization (WTO). Commissioners Smith and Cardin were impressed with the political will and determination of Ukraine’s Government officials as well as the non-governmental organizations to work for positive change in Ukraine. As an original cosponsor, Co-Chairman Smith noted the recent introduction of a bill by House International Relations Committee Chairman Rep. Henry J. Hyde (R-IL), which would grant Ukraine NTR. Commissioner Cardin affirmed his support for NTR and Ukraine’s joining WTO, noting that it was critical for Ukraine to conclude intellectual property rights talks with the United States. Discussions also centered on human trafficking, corruption, the rule of law and human rights issues such as torture, the Gongadze case, sustaining media freedoms, and on how the United States can best assist Ukraine during this time of historic transition. State Secretary Zinchenko expressed pleasure at the current state of U.S.-Ukrainian bilateral relations, observing that both sides now have trust in each other. He outlined President Viktor Yushchenko’s priorities, including combating corruption, extending a hand to business, protecting private property, promoting respect for the rule of law – especially in government entities such as the Interior Ministry, tax police and the security services – as well as promoting the further development of civil society. Secretary Zinchenko also emphasized the importance of U.S. investment in Ukraine. The Commissioners and Ukrainian officials also discussed in detail HIV/AIDS in Ukraine, which Zinchenko described as very acute and far-reaching, and the proposed new Chornobyl shelter that will cover the crumbling old sarcophagus. Minister of Justice Roman Zvarych outlined the Justice Ministry’s priorities to encourage and ensure the rule of law. Securing human rights and liberties would include such measures as getting the police to pay attention to procedural norms and urging parliament to adopt necessary civil and administrative procedural code changes. With respect to combating corruption, Zvarych hopes to soon unveil a comprehensive “Clean Hands” program, including a code of ethics. Cleaning up the court system is another priority, and the Justice Ministry has plans to take a variety of steps against judges engaged in corrupt practices. The delegation and Zvarych discussed the issues of human trafficking, torture of detainees, the Gongadze case, restitution of religious property and national minority issues. Chairman Volodymyr Stretovych and representatives of the International Organization for Migration (IOM) gave a comprehensive briefing on the problem of human trafficking in Ukraine, what steps are being taken by the government and NGOs to combat this scourge and plans on further addressing this important issue. A key concern was improving law enforcement cooperation between Ukraine (as a country of origin for victims of trafficking) and countries of destination. U.S. Embassy Deputy Chief of Mission Sheila Gwaltney hosted a meeting with U.S. Embassy, U.S. Agency for International Development, and FBI officials during which U.S. efforts to assist the new Ukrainian Government in promoting the rule of law and combating human trafficking were discussed. The delegation also visited an IOM-sponsored medical rehabilitation center for trafficking victims. Human trafficking, as well as religious rights issues, were also discussed in a meeting with Papal Nuncio Archbishop Ivan Jurkovich. Ambassador John Herbst organized and hosted a discussion with NGO representatives from Freedom House, Institute for Mass Information, the Chernihiv-based organization Dobrochyn and the Ukrainian Helsinki Human Rights Union. Mykhaylo Horyn, former Soviet political prisoner and head of the pro-independence movement Rukh in the early 1990s, also participated in the meeting. The delegation met with Jewish representatives, including the new Minister of Transportation and Communications Yevhen Chervonenko who is also Vice-President of the Eurasian Jewish Congress. They discussed matters pertaining to Ukraine’s Jewish community, assessing them positively. Foreign Minister Tarasyuk expressed gratitude to the Helsinki Commission for its active work in support of democracy in Ukraine and stated that the clear position of Congress and the U.S. Government, including support for a strong contingent of international election observers during the recent elections, effectively helped Ukrainian democracy. In raising Jackson-Vanik graduation, market economy status, and the WTO, Minister Tarasyuk cited strong readiness and willingness on the part of the Ukrainian Government to remove obstacles on their part, including a promise to submit in the Rada shortly a draft law on intellectual property rights. Minister Tarasyuk and the Commissioners also discussed the vital importance of ongoing OSCE election observation, Ukrainian-Russian relations, and Ukraine’s strengthened role in resolving the long-festering Moldova-Trandniestria conflict. 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.

  • Helsinki Commission Leaders Visit Ukraine; Impressed By Government's Efforts on Road to Recovery

    By Orest Deychakiwsky, Staff Advisor United States Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Commission Member Rep. Benjamin L. Cardin (D-MD) met with Ukrainian officials, non-governmental organizations, and religious leaders in Kyiv, Ukraine on February 26-27, 2005. The delegation also laid wreaths at the Memorial to the Victims of the 1932-33 Terror-Famine and at the Babyn (Babi) Yar memorial. The Commissioners had substantive and far-reaching meetings with Ukraine’s State Secretary Oleksandr Zinchenko, Foreign Minister Boris Tarasyuk, Justice Minister Roman Zvarych, Minister of Transportation and Communications Yevhen Chervonenko, and Chairman of the parliament’s Committee on Organized Crime and Corruption Volodymyr Stretovych. The meetings covered many topics, including the lifting of the Jackson-Vanik amendment and granting normal trade relations (NTR) status as well as facilitating Ukraine’s entry into the World Trade Organization (WTO). Commissioners Smith and Cardin were impressed with the political will and determination of Ukraine’s Government officials as well as the non-governmental organizations to work for positive change in Ukraine. As an original cosponsor, Co-Chairman Smith noted the recent introduction of a bill by House International Relations Committee Chairman Rep. Henry J. Hyde (R-IL), which would grant Ukraine NTR. Commissioner Cardin affirmed his support for NTR and Ukraine’s joining WTO, noting that it was critical for Ukraine to conclude intellectual property rights talks with the United States. Discussions also centered on human trafficking, corruption, the rule of law and human rights issues such as torture, the Gongadze case, sustaining media freedoms, and on how the United States can best assist Ukraine during this time of historic transition. State Secretary Zinchenko expressed pleasure at the current state of U.S.-Ukrainian bilateral relations, observing that both sides now have trust in each other. He outlined President Viktor Yushchenko’s priorities, including combating corruption, extending a hand to business, protecting private property, promoting respect for the rule of law – especially in government entities such as the Interior Ministry, tax police and the security services – as well as promoting the further development of civil society. Secretary Zinchenko also emphasized the importance of U.S. investment in Ukraine. The Commissioners and Ukrainian officials also discussed in detail HIV/AIDS in Ukraine, which Zinchenko described as very acute and far-reaching, and the proposed new Chornobyl shelter that will cover the crumbling old sarcophagus. Minister of Justice Roman Zvarych outlined the Justice Ministry’s priorities to encourage and ensure the rule of law. Securing human rights and liberties would include such measures as getting the police to pay attention to procedural norms and urging parliament to adopt necessary civil and administrative procedural code changes. With respect to combating corruption, Zvarych hopes to soon unveil a comprehensive “Clean Hands” program, including a code of ethics. Cleaning up the court system is another priority, and the Justice Ministry has plans to take a variety of steps against judges engaged in corrupt practices. The delegation and Zvarych discussed the issues of human trafficking, torture of detainees, the Gongadze case, restitution of religious property and national minority issues. Chairman Volodymyr Stretovych and representatives of the International Organization for Migration (IOM) gave a comprehensive briefing on the problem of human trafficking in Ukraine, what steps are being taken by the government and NGOs to combat this scourge and plans on further addressing this important issue. A key concern was improving law enforcement cooperation between Ukraine (as a country of origin for victims of trafficking) and countries of destination. U.S. Embassy Deputy Chief of Mission Sheila Gwaltney hosted a meeting with U.S. Embassy, U.S. Agency for International Development, and FBI officials during which U.S. efforts to assist the new Ukrainian Government in promoting the rule of law and combating human trafficking were discussed. The delegation also visited an IOM-sponsored medical rehabilitation center for trafficking victims. Human trafficking, as well as religious rights issues, were also discussed in a meeting with Papal Nuncio Archbishop Ivan Jurkovich. Ambassador John Herbst organized and hosted a discussion with NGO representatives from Freedom House, Institute for Mass Information, the Chernihiv-based organization Dobrochyn and the Ukrainian Helsinki Human Rights Union. Mykhaylo Horyn, former Soviet political prisoner and head of the pro-independence movement Rukh in the early 1990s, also participated in the meeting. The delegation met with Jewish representatives, including the new Minister of Transportation and Communications Yevhen Chervonenko who is also Vice-President of the Eurasian Jewish Congress. They discussed matters pertaining to Ukraine’s Jewish community, assessing them positively. Foreign Minister Tarasyuk expressed gratitude to the Helsinki Commission for its active work in support of democracy in Ukraine and stated that the clear position of Congress and the U.S. Government, including support for a strong contingent of international election observers during the recent elections, effectively helped Ukrainian democracy. In raising Jackson-Vanik graduation, market economy status, and the WTO, Minister Tarasyuk cited strong readiness and willingness on the part of the Ukrainian Government to remove obstacles on their part, including a promise to submit in the Rada shortly a draft law on intellectual property rights. Minister Tarasyuk and the Commissioners also discussed the vital importance of ongoing OSCE election observation, Ukrainian-Russian relations, and Ukraine’s strengthened role in resolving the long-festering Moldova-Trandniestria conflict.

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