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Helsinki Commission, House Armed Services Committee Examine Trafficking in Persons
Wednesday, December 15, 2004

On September 21, 2004, the Commission on Security and Cooperation in Europe (Helsinki Commission) and the House Armed Services Committee (HASC) held a joint Issue Forum entitled “Enforcing U.S. Policies Against Trafficking in Persons: How is the U.S. Military Doing?” The Issue Forum examined the Department of Defense’s (DoD) implementation of a zero-tolerance policy toward human trafficking, the role of uniformed Service members and contractors in facilitating trafficking, as well as leadership and readiness issues.

The Forum was co-chaired by Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Armed Services Committee Chairman Rep. Duncan Hunter (R-CA). Helsinki Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) and Commissioners Senator Hillary Rodham Clinton (D-NY) and Rep. Mike McIntyre (D-NC) attended the forum, as well as several members of the Armed Services Committee.

Briefing on behalf of the Administration were Charles S. Abell, Principal Deputy Under Secretary of Defense for Personnel and Readiness; General Leon J. LaPorte, Commander of United States Forces Korea; Joseph E. Schmitz, Inspector General for the Department of Defense; and Ambassador John R. Miller, Director of the Office to Monitor and Combat Trafficking in Persons at the U.S. Department of State. A panel of non-governmental witnesses consisted of Dr. Sarah Mendelson, a Senior Fellow in the Russia and Eurasia Program at the Center for Strategic and International Studies; and Martina E. Vandenberg, an attorney with Jenner and Block and a former researcher for Human Rights Watch.

Congressional attention to the military’s role in addressing trafficking ignited in March 2002 when Cleveland, Ohio Fox News affiliate WJW-TV aired a report showing U.S. troops in South Korea patronizing bars and other establishments where women from the Philippines and former Soviet states were forced to prostitute themselves. Members of Congress called for the Pentagon to investigate the veracity of the allegations as well as the appropriateness of the U.S. military's policies and response to prostitution and human trafficking worldwide.

DoD Inspector General Joseph E. Schmitz subsequently conducted inspections in South Korea, Bosnia and Herzegovina, and Kosovo and issued two reports, in July 2003 and December 2003, respectively, which identified institutional weaknesses in the U.S. military’s understanding and response to the crime of human trafficking and made concrete recommendations for action.

In his opening remarks, Chairman Smith noted that while the coexistence of prostitution alongside large populations of military forces is neither a new problem, nor a uniquely American problem, in recent years numerous sources have documented that in certain locations, such as South Korea and Southeastern Europe, women and girls are being forced into prostitution for a clientele consisting largely of military service members, government contractors, and international peacekeepers.

According to Smith, “the need for a strategy to prevent the emergence of prostitution and human trafficking in post-conflict areas is made abundantly clear by the experiences in Bosnia-Herzegovina and Kosovo, [where] prostitution and human trafficking were allowed to develop and thrive due to the arrival of large numbers of multi-national personnel involved in post-conflict reconstruction and peacekeeping.” In both places, peacekeepers involved with trafficking have faced mere repatriation as a sanction for their unlawful actions. “We need to close the legal loopholes that allow this to happen,” said Smith.

The Department of Defense’s obligation to address human trafficking originated with the issuance of a National Security Presidential Directive (NSPD-22) by President George W. Bush in December 2002. NSPD-22 established a zero-tolerance policy on involvement in trafficking activities by U.S. Government employees and contractor personnel representing the United States abroad. In January 2004, Deputy Secretary of Defense Paul Wolfowitz issued an internal memorandum which stated, in pertinent part:

[I]t is the policy of the Department of Defense that trafficking in persons will not be facilitated in any way by the activities of our Service members, civilian employees, indirect hires, or DoD contract personnel. Following the policy set by the Commander-in-Chief, DoD opposes prostitution and any related activities that may contribute to the phenomenon of trafficking in persons as inherently harmful and dehumanizing.

The policy statement outlined objectives of DoD efforts to combat trafficking in persons, including (1) educating Service members and DoD civilians serving overseas about human trafficking; (2) increasing efforts by command and military police authorities worldwide to pursue indicators of trafficking in persons in commercial establishments patronized by DoD personnel; (3) incorporating clauses in overseas service contracts that prohibit contractor employees from supporting or promoting trafficking in persons; and (4) developing a method for evaluating DoD’s efforts to combat trafficking in persons.

On September 16, 2004, Secretary of Defense Donald Rumsfeld issued additional guidance to military leaders indicating that he expects the problem of trafficking—both sex and labor trafficking—to be addressed. Rumsfeld’s memorandum placed greater emphasis on the problem of labor trafficking than had the earlier memorandum from Deputy Secretary Wolfowitz. In particular, Rumsfeld indicated that “Commanders need to be vigilant to the terms and conditions of employment for individuals employed by DoD contractors. . . . Trafficking includes involuntary servitude and bondage. These trafficking practices will not be tolerated in DoD contractor organizations or their subcontractors in supporting DoD operations.”

Ambassador John R. Miller, Director of the State Department’s Office to Monitor and Combat Trafficking in Persons, opened the testimony at the Issue Forum by describing trafficking, inter alia, as a national security challenge which “relates to the task facing our military because they are trying to create secure, stable situations in several countries.” Miller explained that the demand for sex trafficking “is created by the so-called customers” and stated that “historically, when you have national forces going from one country to another this leads to increased prostitution and increased trafficking in the number of slave victims.” Miller emphasized the need to educate people who might patronize prostitutes that, according to research, “most of the people they are ‘patronizing’ are likely to be victims of trafficking: raped, assaulted, abused, waiting to escape.”

Coordinating DoD’s anti-trafficking initiatives is currently the responsibility of Charles Abell. At the Forum, Abell described DoD’s zero-tolerance policy as “a policy of command responsibility to recognize, prevent, and to assist local law enforcement when it comes to trafficking in persons in any way, shape or form.” According to Abell, DoD’s anti-trafficking training program for Service members, DoD civilian personnel and contractors would be put into operation by November 1, 2004. An online version will be available by January 2005.

Commissioner Cardin asked for clarification of the meaning of the “zero-tolerance” policy, given that U.S. troops are often stationed in countries with legalized prostitution. He also expressed skepticism that troops could distinguish between prostitution and trafficking. Mr. Abell responded that the zero-tolerance policy included prostitution and trafficking, and that those caught patronizing prostitution or otherwise supporting sex or labor trafficking would be held accountable. He noted that an amendment to the Uniform Code of Military Justice (UCMJ) has been proposed that would clarify the legal basis upon which a Service member can be prosecuted, under the UCMJ, for patronizing a prostitute. The proposed amendment was placed in the Federal Register on September 15, 2004.

DoD Inspector General Schmitz’ testimony did not focus on the details of his human trafficking assessment reports in South Korea and Southeastern Europe. Rather he noted the tools available for combating trafficking within the DoD and the lessons learned in the course of his assessments. Among those lessons, according to Schmitz, is that “among the root causes of the recent resurgence of human trafficking, aside from the obvious profit motive of organized criminals is a general reluctance of leaders at all levels to promulgate and to enforce principle-based standards for subordinates who create the demand for prostitution, generally, and for sex slavery, specifically.”

General Leon J. LaPorte, Commander of United States Forces Korea (USFK), testified that subsequent to the Fox News affiliate’s report and the Inspector General’s investigations, United States Forces Korea had adopted a “zero tolerance” approach to human trafficking which applies to the approximately 33,000 Soldiers, Sailors, Airmen, Marines and 5,000 Department of Defense civilians and contract employees currently serving in South Korea. The South Korean Government estimates that the commercial sex industry in South Korea is worth $22 billion per year and involves an estimated 330,000 women—10,000 of whom are foreigners.

General LaPorte described an anti-trafficking strategy of “awareness, identification, reduction, along with continued interaction with the Korean Government and law enforcement agencies.” DoD personnel are briefed about the crime of human trafficking and the zero-tolerance policy upon arriving in South Korea and during subsequent leadership schools and training events. Armed forces radio and television stations in Korea also air public service announcements to inform U.S. personnel about USFK’s anti-trafficking policies. Since January 2003, more than 400 Service members in Korea have been prosecuted or otherwise disciplined for solicitation and related offenses such as curfew violations and trespassing in posted off-limits areas.

USFK’s other initiatives include a 24-hour hotline operating in tandem with the Korean national police hotline and a women’s crisis center to receive reports of suspected prostitution or human trafficking activities. Other efforts include a renewed focus on providing alternatives to off-post entertainment areas near U.S. military facilities, such as high-speed Internet and cable access to military barracks and a volunteer program within the local community.

LaPorte explained an improved process for identifying establishments that are suspected of complacency in prostitution and human trafficking, and their subsequently being declared off limits to U.S. personnel. More than 600 bars, restaurants and clubs have been placed off limits. Offending business owners are subject to specific and extensive corrective actions in order to regain patronage of USFK personnel or their family members.

Significantly, LaPorte testified that the uniformed personnel who patrol nightly in the districts associated with U.S. military facilities in Korea have been trained to identify indicators of prostitution and trafficking and are now directed to report suspicious activities. Such training was initiated in response to the 2002 WJW-TV report which captured on video uniformed soldiers on “courtesy patrols” who spoke nonchalantly of foreign women forced to work or prostitute themselves in local establishments. The soldiers advised the undercover reporter on negotiating for sex in such establishments and gave no indication that they felt obliged to report the presence or activities of these women to their chain of command.

Opening the second panel, Dr. Sarah Mendelson acknowledged that adoption of an anti-trafficking policy for DoD is potentially an important step in addressing the involvement of uniformed Service members and civilian contractors with trafficking. Her testimony, however, focused on potential difficulties implementing this policy based on the findings of her research on the trafficking of women and girls to the Balkans and the role of international peacekeepers. A research report by Mendelson will be published in early 2005.

According to Dr. Mendelson, “many uniformed Service members, civilian contractors, as well as civil servants, tend to deny the links between trafficking and peacekeeping deployments, fail to understand the security implications of human rights abuse and support of organized crime, and tend to conflate trafficking with legalized prostitution.” Citing several specific examples, Mendelson indicated that the lack of awareness and misperceptions about trafficking are so widespread as to inhibit effective implementation of the zero-tolerance policy.

Mendelson recommended that DoD allocate “significantly more resources, organization and leadership” in order to effectively change the pervasive attitudes and an organizational culture which fail to recognize trafficking in persons for sexual or labor exploitation as relevant to the military. She specifically recommended that DoD’s efforts to combat human trafficking be centralized in one office directed by a Deputy Assistant Secretary of Defense. She recommended further that Secretary Rumsfeld appoint a panel of external advisers to assist DoD in implementing its anti-trafficking policies and that DoD conduct a comprehensive awareness campaign on the issue of human trafficking.

Ms. Vandenberg’s testimony drew on a report that she wrote for Human Rights Watch in 2002, entitled “Hopes Betrayed: Trafficking in Women and Girls to Post-Conflict Bosnia and Herzegovina for Forced Prostitution.” At that time there were eight documented cases of U.S. Government contractors implicated in human trafficking—four of whom were DoD contractors. Vandenberg suggested that there are likely more cases, but that because investigators have not been trained or instructed to investigate trafficking offenses, many instances have likely gone undocumented. Human Rights Watch did not find evidence of U.S. Service members involved in trafficking-related activities in Bosnia.

Ms. Vandenberg noted numerous concerns with DoD’s implementation of NSPD-22, including that “there is still no contractor accountability . . . the Department of Defense has not yet incorporated a condition into existing contracts permitting termination of grants if the contractor engages in trafficking,” as required by the Trafficking Victims Protection Act of 2003. She also noted the absence of evaluation programs and benchmarks to measure adherence to the zero-tolerance policy. While praising the policy statements made by Secretary Rumsfeld and Deputy Secretary Wolfowitz regarding trafficking, Ms. Vandenberg concluded that “DoD’s actions at this point do not match this ambitious rhetoric.”

The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

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It is the uniting force of dictators and the system they seek to export. And like communism, the USA needs to join together with its allies to defeat it. I am pleased to welcome the establishment of the Inter-Parliamentary Alliance against Kleptocracy, which will unite democratic allies against the corruption of Russian oligarchs, CCP princelings, Venezuelan thugs, and Iranian mullahs,” said Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02). “We have been seeing autocrats like Viktor Orbán successfully undermining European democracy for years from within, with increasing support from their experienced counterparts in Russia and beyond. If they close their ranks, all democratic parties need to do the same. This is not a fight that a single actor can win alone,” said MEP Daniel Freund of Germany, Co-Chair of the EU Parliament Anti-Corruption Intergroup. “Kleptocrats are destroying democracy and undermining the European Union. With this alliance we can stop European autocrats like Viktor Orbán and could be a powerful tool to influence not only national legislation but agreements on fighting corruption, transparency, accountability and criminal cooperation between the EU and the US. We should keep this alliance open for national lawmakers as well within the EU, allowing for example the devoted members of the Hungarian opposition parties also to join and commit themselves to such a noble cause. We have to fight together and we will fight together,” said MEP Katalin Cseh of Hungary, Member of the EU Parliament Anti-Corruption Intergroup’s leadership bureau. “Dirty money is at the root of many evils. From drug smuggling to terrorism, from money laundering to human trafficking, and from fraud to corruption. But if we can follow the money then we can start to put a stop to all manner of heinous crimes. That's why the launch of the Inter-Parliamentary Alliance on Kleptocracy represents a powerful moment as the world's democracies come together for the fight against illicit finance,” said UK MP Margaret Hodges, Chair of the All-Party Parliamentary Group on Anti-Corruption and Responsible Tax. “The movement of illicit finance is a global problem that requires a global solution.  The harm caused to global security and democracy is facilitated by lack of coordination between different legislatures, and I am delighted to be part of the Inter-Parliamentary Alliance on Kleptocracy.  I look forward to working with colleagues across the world to ensure that we give Kleptocrats nowhere to hide,” said UK MP Kevin Hollinrake, Vice Chair of the All-Party Parliamentary Group on Anti-Corruption and Responsible Tax. “It is not enough that America fight dictators – our friends and allies must also fight them. By working together to reject blood money, we can successfully deny dictators and their cronies access to our markets. I am thrilled about the formation of the Inter-Parliamentary Alliance against Kleptocracy. This international alliance of like-minded kleptocracy fighters will ensure that killers and thugs have no safe haven,” said Rep. Maria Elvira Salazar (FL-27), a founding member of the U.S. Caucus against Foreign Corruption and Kleptocracy. The Inter-Parliamentary Alliance against Kleptocracy aims to build a transparent and accountable global financial system; promote government transparency, allowing for effective public oversight; disable transnational corrupt networks, while deterring the movement of dirty money into democracies; support the role of free media and journalists in exposing the risks from kleptocracy; and advocate for strong anti-corruption standards for public officials and their enforcement. Planned projects include coordinating targeted sanctions and public visa bans, synchronizing anti-money laundering frameworks, harmonizing cross-border investigations into grand corruption, and promoting robust anti-corruption ethics frameworks for public officials. Members of the Inter-Parliamentary Alliance against Kleptocracy subscribe to the principles that democratic states are based on the rule of law and must safeguard this system against the taint of corruption and illicit finance; that kleptocracy is an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy; and that kleptocracy poses the most profound challenge for democratic governance in the 21st  century as it corrodes the rule of law from within.

  • Human Rights Seminar Returns to the OSCE with a Focus on Women and Girls

    By Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE and Dr. Mischa E. Thompson, Director of Global Partnerships, Policy, and Innovation On November 16-17, 2021, for the first time since 2017, the OSCE Office for Democratic Institutions and Human Right (ODIHR) held its annual Human Rights Seminar on preventing and combating violence against women and girls. The event assessed participating States’ implementation of OSCE commitments on preventing and combating violence against women, identified continuing challenges and successes in addressing the problem, and examined opportunities to further engage OSCE institutions and other stakeholders in finding solutions. Given continued efforts by some participating States to block the OSCE’s human rights agenda, including Russia’s successful blockade of the 2021 Human Dimension Implementation Meeting, the return of the Human Dimension Seminar was lauded by Ambassador Ulrika Funered of the Swedish Chair-in-Office (CiO) and Polish Ministry of Foreign Affairs UN Director Pawel Radomski of the incoming Polish CiO.  Noting “the particular importance of regular gatherings in promotion of human rights” and the “unique meetings characterized by meaningful discussions between civil society and participating States,” Director Radomski underlined Poland’s staunch commitment to holding human dimension events during its upcoming 2022 Chairmanship. Other speakers at the hybrid event—hosted in Warsaw, Poland, as well as online—included ODIHR Director Matteo Meccaci; Special Representative of the OSCE Chairpersonship on Gender Liliana Palihovici; and Special Representative of the OSCE Parliament Assembly (PA) on Gender Issues Dr. Hedy Fry. Speakers underscored the prevalence of violence against women in political and public life; violence against women belonging to vulnerable groups, especially migrants, refugees, and persons with disabilities; and the impact of the pandemic on women and girls.  Dr. Fry shared her alarm at recent violence targeting women in politics, from the January 6 violence at the U.S. Capitol that targeted Speaker Nancy Pelosi, to the physical and online violence targeting British parliamentarian Diane Abbott.  She attributed the violence to the “boldness” of women daring to enter spaces traditionally dominated by men and the subsequent efforts by men to silence them.  Dr. Mona Lena Krook, Professor and Chair of the Women & Politics Ph.D. Program at Rutgers University, highlighted the physical and psychological violence targeting women in politics and the subsequent but related dangers of women exiting politics to avoid harm to them and their families.  The work of Edita Miftari, an alumna of TILN, the young leaders program organized by the Helsinki Commission and the German Marshall Fund, was highlighted by Adnan Kadribasic of the Bosnian management consulting company, Lucid Linx.  In discussing the Balkan situation, he observed that female politicians experience discrimination and harassment but do not have reliable mechanisms for redress. Discussion panels and side events focused on the escalation of violence experienced by women during pandemic quarantines, the impact of the pandemic on women returning to the workforce, and strategies to protect migrant and refugee women.  Several speakers raised the intersectional nature of violence against women, including increased violence towards women of color, and special circumstances faced by disabled women.  Representatives of participating States showcased efforts to support women in leadership positions and programs to address violence.  Civil society participants from Central Asian and other countries expressed concern about some participating States using women’s initiatives to cultivate political favor instead of addressing issues of disparities and discrimination.  Others noted that progress had been made but voiced ongoing concern about how the pandemic negatively affected gains made previously in the workforce and in addressing domestic violence.   The event was attended by more than three hundred participants, including representatives from more than 50 OSCE participating States.  Dr. Mischa Thompson attended on behalf of the Helsinki Commission.

  • Helsinki Commission Digital Digest November 2021

  • Confronting Kremlin & Communist Corruption

    The Kremlin and the Chinese Communist Party, as well as other U.S. adversaries, practice kleptocracy, an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy. Kleptocracy now poses the most serious challenge to democratic governance worldwide. President Biden has declared countering corruption a core national security interest and Congress has responded with a series of legislative proposals to fight kleptocracy both at home and abroad. On November 18, the Commission on Security and Cooperation in Europe brought together experts on kleptocracy to examine how the United States can confront foreign corruption. In particular, witnesses discussed the ways that the United States can fortify its system against the taint of corruption and hold kleptocrats to account. The first panel featured testimony by Representatives Tom Malinowski (NJ-07) and María Elvira Salazar (FL-27), while the second panel included witnesses Leonid Volkov, Chief of Staff to Alexei Navalny; Elaine Dezenski, Senior Advisor at the Center on Economic and Financial Power; and Scott Greytak, Advocacy Director at Transparency International. Helsinki Commission Chairman Sen. Ben Cardin (MD) opened the hearing, noting that corruption both sustains dictatorships and helps them conduct foreign policy. Corruption also erodes democratic structures from within and creates patronage-based systems in which autocrats pay their cronies to retain power. Chairman Cardin thanked Representatives Malinowski and Salazar for their work on the counter-kleptocracy caucus and highlighted several of the counter-kleptocracy bills currently in the House and the Senate. Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) stressed the importance of going after the enablers of corruption, not just the kleptocrats, saying, “They work with these folks to poison the system, so they are in essence agents of corruption.” He added that the United States needs to clean up its act at home and reinforce its defenses against the national security threat of corruption. Helsinki Commission Ranking Member Sen. Roger Wicker (MS) called corruption a “pernicious foreign policy tool” that undermines and co-opts democratic systems, and highlighted the corruption and abuse of INTERPOL, which he described as being hijacked by mafia states and weaponized to pursue political opponents. China and Russia are the most prolific abusers of the system, he said, pointing towards the TRAP Act as a legislative tool to counter such behavior. Sen. Wicker, who co-leads the Global Magnitsky Reauthorization Act alongside Chairman Cardin, stressed the bipartisan nature of this issue. Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) echoed Sen. Wicker’s statement, adding, “It is not an exaggeration to say that corruption is the new communism.” Rep. Wilson mentioned the six Helsinki Commission counter-kleptocracy bills in the House National Defense Authorization Act (NDAA), underlining the bipartisan nature of the fight against corruption. “To protect American families we must fight corruption,” he said. During the first panel, Rep. Malinowski described fighting corruption as the key to winning the contest between democracy and dictatorship. Corruption is not only a way for autocrats to stay in power, he argued; it also is their greatest weakness. “When we catch them stealing from their people and putting their money in our banks, that is what embarrasses them,” he said. Referencing the six counter-kleptocracy bills currently pending in Congress, Rep. Malinowski suggested the United States. has potent tools to go after corruption. Rep. Salazar testified that corruption is a threat to freedom and human rights. Using Venezuela, Cuba and Nicaragua as examples, Salazar explained how corrupt leaders use stolen funds to finance campaigns that portray them as the saviors of the countries that they actually loot. Salazar pointed towards her work as founding member of the bipartisan Caucus against Foreign Corruption and Kleptocracy (CAFCAK), as well as the importance of the Combating Global Corruption Act, introduced by Chairman Cardin in the Senate, and the bipartisan ENABLERS Act Leonid Volkov began his testimony by describing a natural pathway from corruption to authoritarianism, born out of the necessity to hide crimes by silencing the press and co-opting the courts. He outlined how the Navalny anti-corruption initiative, through hundreds of investigations, found billions of dollars stolen from Russian taxpayers. What stood out, he said, was how successful kleptocrats need to operate in two countries: their home country, where the absence of rule of law allows them to steal, and another country, where the rule of law ensure the safety of their money. Therefore, corruption is a global phenomenon, which also necessitates fighting corruption on both fronts. Volkov endorsed the series of Helsinki Commission anti-kleptocracy bills and asked to “fight this fight together.” Scott Greytak described corruption as the lifeblood of autocrats abroad and pointed toward the Pandora Papers, which revealed that the United States is a leading secrecy jurisdiction for stashing offshore funds. He emphasized the importance of Congress ensuring that the six counter-corruption bills in the House National Defense Authorization Act (NDAA) make it into the final NDAA. Doing so would enhance the U.S. ability to deny kleptocrats access to the financial system and increase transparency. The National Defense Authorization Act (NDAA) is legislation that Congress passes each year to make changes to the policies and organization of United States defense agencies and provide guidance on how military funding can be spent. Greytak also mentioned the Corporate Transparency Act and expressed hope that Congress would ensure that the new Treasury FinCEN rules are in keeping with the spirit of the law. He added that passing the Foreign Extortion Prevention Act (FEPA), which would criminalize foreign officials requesting bribes from American companies, is an important step many of our allies already have taken. Lastly, Greytak emphasized the need to target enablers of kleptocracy in the U.S. via the ENABLERS act, to prevent crimes such as the theft of over $4 billion from the public investment fund of Malaysia, aided and abetted by U.S. law firms. Elaine Dezenski’s testimony focused on China and corruption through the Belt and Road Initiative (BRI). She described the BRI as a geopolitical enterprise through which China seeks to redefine its engagement with more than 140 countries. Because the BRI is designed to undercut normal development, it gets rid of safeguards such as anti-corruption, environmental, and labor standards as well as open and transparent bidding, according to Dezenski. By doing so, it creates long-term dependencies fueled by corruption and debt traps. More than 40 countries are now indebted to China equal to or greater than 10 percent of their GDP, Dezenski said. A slim window exists during which the U.S. can offer clean alternatives to the BRI, alongside increased efforts to educate citizens and support civil society to counter this threat. One key step, said Dezenski, is pivoting critical supply chains out of China and towards allied countries. Another step is taking care not to give domestic infrastructure contracts to foreign kleptocrats’ companies. Finally, countering disinformation and misinformation campaigns is of the essence. Responding to a series of questions from Co-Chairman Cohen, Volkov explained that his organization had to move outside of Russia due to being designated an extremist organization but nonetheless is working to produce content highlighting Russian corruption. On the topic of censorship by Apple and Google during the Duma elections in 2021, Volkov stated that the threat by the Russian regime to imprison employees of U.S. companies should they not go through with the censorship is serious and should not be dismissed. Asked by Rep. Wilson what he saw as Russia’s future in five to 10 years, Volkov explained that Putin is unpopular among Russia’s youth and that many people want change. Putin’s strength lies in his TV propaganda machine, which is less effective at reaching younger, more internet-savvy people, he said. Volkov explained that under Putin, Russia has more political prisoners than the Soviet Union ever had after Stalin and expressed hope that this would lead to cracks in the system and, finally, regime change. On the question of how present-day corruption differs from that of 30 years ago, Scott Greytak explained that corruption is more sophisticated than ever, aided by complex financial vehicles created by Western enablers which make it easier to move money. Responding to a question from Helsinki Commission Member Rep. Ruben Gallego (AZ-07), Greytak explained that although Russian and Chinese corruption are similar, Russia perfected state-run corruption, while China adopted corruption to grow its geo-political influence. Dezenski answered a question on China’s long-term view by explaining that the United States needs to be more strategic about the short-term implications of individual actions and ensure long-term commitment to democratic norms. Because China takes a longer view than the United States, they have outmaneuvered us, Dezenski said. Asked if any projects concerned her most, she answered any projects related to digital infrastructure, due to the risk of authoritarian regimes monitoring and managing communications lines. In addition, Dezenski mentioned projects that would give Beijing military influence, such as strategic ports in the Indian Ocean or the South China Sea. Chairman Cardin thanked the witnesses for their expert testimonies and said he looked forward to consulting with them on several of the points brought up. To end the hearing, the chairman pointed out South Korea as an example of a country that turned around its corruption problem, stating, “We can make change and plant the seeds to enhance the welfare of all the people.” Related Information Witness Biographies Bipartisan Counter-Kleptocracy Legislative Initiatives  Counter-Kleptocracy Measures Included in the House Defense Bill 

  • Threat of Foreign Corruption to Be Explored at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: CONFRONTING KREMLIN & COMMUNIST CORRUPTION Thursday, November 18, 2021 10:30 a.m. Dirksen Senate Office Building Room G-50 Watch live: www.youtube.com/HelsinkiCommission The Kremlin and the Chinese Communist Party, as well as other U.S. adversaries, practice kleptocracy, an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy. Kleptocracy now poses the most serious challenge to democratic governance worldwide.  President Biden has declared countering corruption a core national security interest and Congress has responded with a series of legislative proposals to fight kleptocracy both at home and abroad. This hearing will bring together experts on kleptocracy to examine how the United States can confront foreign corruption. In particular, witnesses will discuss the ways that the United States can fortify its system against the taint of corruption and hold kleptocrats to account. The following witnesses are scheduled to testify: Representative Tom Malinowski (NJ-07), Member of Congress, Co-Chair of the Congressional Caucus against Foreign Corruption and Kleptocracy Representative María Elvira Salazar (FL-27), Member of Congress, Member of the Congressional Caucus against Foreign Corruption and Kleptocracy Leonid Volkov, Chief of Staff to Alexei Navalny Elaine Dezenski, Senior Advisor, Center on Economic and Financial Power, Foundation for Defense of Democracies Scott Greytak, Advocacy Director, Transparency International U.S. Office

  • HELSINKI COMMISSIONERS JOIN OSCE PA MEETING ON AFGHANISTAN, DEBATE POLICY RESPONSES

    On November 4, 2021, more than 40 members of the OSCE Parliamentary Assembly (PA) met remotely to discuss the current security challenges posed by developments in Afghanistan and the future of OSCE engagement with Afghanistan under the Taliban’s rule. Since 2003, Afghanistan has been an OSCE Partner for Cooperation and shares a border with several OSCE countries. The debate, which was attended by seven members of the Helsinki Commission, took place as part of the OSCE PA’s annual Autumn Meeting. Each year, the Autumn Meeting focuses on debating one or more currently relevant issues confronting the OSCE region.  This year’s Autumn Meeting was originally planned to be in Dublin, Ireland, but a resurging COVID-19 pandemic forced the OSCE PA to rely on emergency procedures that allow for statutory meetings to be conducted remotely. OSCE PA Leaders Outline Challenges Posed by Afghanistan OSCE PA President Margaret Cederfelt opened the debate with an overview of the challenges presented by the Taliban’s takeover of Afghanistan. While three OSCE countries—Uzbekistan, Turkmenistan, and Tajikistan—share a border with Afghanistan, developments there also have serious implications for the rest of the OSCE participating States. The worsening humanitarian crisis, the Taliban’s historical connections to terrorism, the negative economic fallout, the potential impact on neighboring countries, and deteriorating human rights, particularly for women and girls, were all of concern. “Those who will suffer most from this is, of course, the ordinary people,” President Cederfelt emphasized, while highlighting the impending economic turmoil Afghanistan faces. “It is essential that human security is protected by safeguarding the fundamental rights of all Afghans.” President Cederfelt also underscored the need for international cooperation while addressing this situation, given its global security implications. The three leaders of the PA General Committees highlighted aspects of the crisis related to their specific mandates. Helsinki Commissioner Rep. Richard Hudson, who chairs the General Committee on Political Affairs and Security, noted, “Perhaps most alarming is the return of an international terrorist threat from Afghanistan. He also highlighted the production and trade of narcotics and illegal drugs backed by the Taliban as a serious challenge with global implications, thanks to major trafficking routes. “The security situation in Afghanistan is intrinsically linked with that of the OSCE region as a whole—but it will first and most immediately affect Afghanistan’s neighbors in Central Asia,” he said. “We must all be especially concerned about threats to the three OSCE participating States that have borders with Afghanistan: Tajikistan, Turkmenistan and Uzbekistan. This is perhaps the area in which our organization can have the greatest and most immediate impact." The other two general committee chairs shared their concerns as well. Pere Joan Pons of Spain, who chairs the General Committee on Economia Affairs, Science, Technology, and Environment, highlighted Afghanistan’s current economic and environmental challenges, especially given the country’s vulnerability in the face of climate change. Sereine Mauborgne of France, who chairs the General Committee on Democracy, Human Rights, and Humanitarian Questions, discussed the serious human rights violations faced by women, girls, and other vulnerable populations. In addition, many Afghans face urgent or extreme food and security issues; the Taliban lacks the capability to provide either for the Afghan people. Director of the OSCE Conflict Prevention Center Tuula Yrjölä discussed Afghanistan’s relationship to the OSCE as a Partner for Cooperation and the potential role of the OSCE role in addressing the situation. She concluded that Afghanistan’s partnership status in the OSCE was based on shared values; its future may be in question under a Taliban government. Helsinki Commissioners Participate in the General Debate Following the introductory remarks, six members of the Helsinki Commission—including all four senior commission leaders—took the floor to voice their concerns and engage with other parliamentarians. Helsinki Commission Chairman Sen. Ben Cardin, who also serves as the Head of the U.S. Delegation and the OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, expressed disappointment at how quickly the democratic government and institutions in Afghanistan deteriorated, despite years of investment and support. “One of the prime reasons was corruption,” explained Chairman Cardin. The rights of women and girls and ensuring humanitarian assistance reaches populations in need were two areas that he insisted be of focus as international efforts move forward. Media freedom was of particular concern for Helsinki Commission Co-Chairman Rep. Steve Cohen. “Lower-level Taliban forces threaten and harass journalists,” he stated. “RFE/RL has reported that over the past weeks, its remaining journalists have been questioned by armed Taliban and door-to-door searched have been conducted looking for journalists affiliated with the United States.” Media freedom is among the fundamental freedoms the OSCE seeks to protect, and Co-Chairman Cohen insisted the Taliban must be held responsible for violating these rights. Helsinki Commission Ranking Member Sen. Roger Wicker, who also serves as an OSCE PA Vice President, shared legislation he is sponsoring in Congress that seeks to strengthen the American response to Afghanistan and reiterated the dangers that religious and ethnic minorities in Afghanistan currently face. Ranking Member Rep. Joe Wilson highlighted the dangers of terrorism and the oppressive rule of the Taliban. “It cannot be business as usual with the Taliban,” he stated.  “Together, we must use our leverage to prevent Afghanistan from again becoming a terrorist haven devoid of human rights.” Chairman Cardin, Sen. Wicker, and Rep. Wilson all expressed concern over Afghanistan’s status as an OSCE Partner for Cooperation. “Before we recognize any representative of Afghanistan in our assembly, we should make sure that they will adhere to the principles of the Helsinki Final Act,” Chairman Cardin stated. Rep. Wilson argued that Afghanistan’s partner status should be reconsidered, and Sen. Wicker also emphasized the importance of the values shared by OSCE participating States and Partners for Cooperation. “I would hope that it is our position going forward that the Taliban-led government in Afghanistan not be recognized as an OSCE Partner for Cooperation,” Sen. Wicker said. Helsinki Commissioner Rep. Gwen Moore focused on the dangers for women and girls and the human rights violations they face. Despite advances made in women’s rights in Afghanistan during the past two decades, the return of Taliban rule has brought a resurgence of violence and restrictions, endangering the lives of women throughout the country. Many have fled Afghanistan, fearing for their safety, while others have remained to fight for their country. While Rep. Moore strongly advocated for supporting resettlement efforts, she also emphasized that resettlement was a last resort. “We must continue to press for the protection of these women in their own country,” she said. Ms. Moore also proposed that the OSCE PA create and maintain a project to monitor and support Afghanistan’s female parliamentarians. Helsinki Commissioner Rep. Ruben Gallego stressed the importance of aiding Afghans still in Afghanistan. “We must find ways to support Afghans in-country who are bravely calling for progress, and we must stand up for the human rights of those who suffer at the hands of the Taliban,” he said. Rep. Gallego further argued that the international community must do more than simply aid in the evacuation of those fleeing the Taliban’s rule. “We must also ensure that those who have been evacuated have long-term support in the resettlement process. The United States must do its part in accepting the bulk of Afghan refugees, and I have personally pushed in Congress to provide Afghans with the long-term resources they need to settle into a new life,” he stated, and asked all the participating parliamentarians to urge their countries to do the same. OSCE Efforts Moving Forward Throughout the debate, which highlighted various vulnerable populations and severe security threats that must be addressed in the future, one recurring theme was the need for international cooperation. While President Cederfelt began the meeting by observing that it will be impossible to know the future, Rep. Gallego expressed one certainty. “The end of America’s military commitment in Afghanistan does not mean we will turn a blind eye to Afghanistan’s people or the security of the region,” he said.

  • Helsinki Commission Welcomes Confirmation of Michael Carpenter as U.S. Ambassador to the OSCE

    WASHINGTON—Following the November 3 confirmation of Michael Carpenter as Permanent Representative of the U.S. Mission to the Organization for Security and Co-operation in Europe (OSCE), Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “We are delighted that the Senate has confirmed Michael Carpenter as our next ambassador to the OSCE. He is an expert on European security, has the ear of the president, and his confirmation clearly demonstrates the strong commitment of both Congress and the administration to upholding Helsinki commitments and the OSCE’s concept of comprehensive security. “We look forward to working closely with Ambassador Carpenter to confront the threats to U.S. interests across the region and to realize the potential of our investment in a Europe whole, free, and at peace. Countering Vladimir Putin’s dangerous behavior on the ground and within the OSCE itself is paramount. Russia’s war against Ukraine, its illegal troop presence in neighboring countries, and its efforts to undermine the OSCE’s human dimension require a robust response from the United States and our allies.   “We further pledge our support to Ambassador Carpenter as he works to enhance the capacity of the OSCE to counter corruption, mediate conflicts, promote tolerance and non-discrimination, and address the alarming increase in political prisoners across the region.” Ambassador Carpenter will lead the U.S. Mission to the OSCE, comprising a multi-agency team of more than 30 staff members, including a representative from the U.S. Helsinki Commission.

  • Helsinki Commission Mourns Death of Colin Powell

    WASHINGTON—Following the death of former U.S. Secretary of State Colin Powell, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “We mourn the loss of a thoughtful leader, respected diplomat, and dedicated public servant. Former Secretary of State Colin Powell actively supported the work of the Organization for Security and Cooperation in Europe (OSCE) and its comprehensive definition of security, which includes respect for human rights. In 1990, as Chairman of the Joint Chiefs of Staff, his leadership of the U.S. delegation to a seminar in Vienna on military doctrine demonstrated that when Moscow was serious about overcoming differences through the Helsinki Process, the United States was ready to collaborate, as is true today. “Secretary Powell’s subsequent work in the OSCE on fighting anti-Semitism and championing election observation proved that he was not only a warrior and a diplomat, but also a steadfast advocate for human rights and a defender of the most vulnerable.” Secretary Powell was one of the most active U.S. Secretaries of State in OSCE history, personally attending Ministerial Council meetings in 2001, 2003, and 2004. In 2001, he said: “We see our membership in the OSCE as complementing and reinforcing our strong bilateral ties with European and Eurasian countries, our membership in NATO, and our relationship with the European Union. This organization embraces a wide-range of ethnicities, traditions and histories. More importantly, it reflects our common embrace of democratic and market principals and our common commitment to peace and stability. In short, the OSCE encompasses the hopes that all of us share for a Europe that is fully whole and free.”

  • A Ukrainian Oligarch Bought a Midwestern Factory and Let it Rot. What Was Really Going On?

    In recent weeks, the world has learned incredible new details about corruption, illicit financing and money laundering by the super-rich, thanks to the Pandora Papers. The papers are a tranche of nearly 12 million documents, revealed by an international group of journalists, that describe how global elites — from the king of Jordan to Pakistani Prime Minister Imran Khan’s inner circle to an alleged mistress of Vladimir Putin — use shell companies, trusts, real estate, artwork and other financial secrecy tools to squirrel away enormous amounts of money. And much of it is perfectly legal. Many of the stories in the Pandora Papers follow a playbook that is depressingly familiar at this point: Global heads of state and business elites hide their wealth in pursuits that are emblematic of the super-rich: coveted beachside properties in Malibu, as in the case of the Jordanian monarch, or the Czech prime minister’s $22 million chateau in the south of France, or dozens of pieces of high-value artwork, moved secretly through shell companies by one of Sri Lanka’s most powerful families. But this kind of transnational money laundering, which we’ve come to expect, is only part of the picture. Recently, wealthy elites have begun looking for other places to park their funds, places they think authorities won’t look. Places that offer all the financial secrecy these elites need, but that few would associate with lives of luxury. As a result, shadowy and sometimes ill-gotten wealth has started pouring not just into yachts and vacation homes, but also into blue-collar towns in the U.S. whose economic struggles make them eager to accept the cash. One of these small towns appears to have been Harvard, Ill., a depressed factory community that allegedly became part of a sprawling network used by Ukrainian banking tycoon Ihor Kolomoisky to launder hundreds of millions of dollars earned from a Ponzi scheme. Kolomoisky, who was recently hit with U.S. sanctions for “significant corruption” in Ukraine, is separately accused by the Justice Department and Ukrainian investigators of using a constellation of shell companies and offshore bank accounts to move millions in misappropriated funds out of Ukraine and into a series of real-estate investments in the American Midwest. (Kolomoisky denies wrongdoing, claiming he made the investments with his own money.) The story of Harvard suggests that lax U.S. laws around shell companies and real-estate purchases, in addition to a broader lack of regulatory oversight, may be putting America’s heartland in the crosshairs of elites like Kolomoisky. It’s a reality of global corruption that U.S. lawmakers are only just starting to grapple with: As money-launderers and illicit financiers hide their money in the American Midwest, they’ve become part of the story of the decline of small-town, blue-collar America. With a population of just under 10,000, Harvard, Ill., is a speck of a town equidistant between Chicago and Milwaukee. Like the other towns in the region, you’ve likely never heard of it — and like other towns in the region, Harvard’s best days are decades behind it. But in the late 1990s, the massive telecom company Motorola announced it would be putting a new manufacturing plant in Harvard. Construction began on what would become the largest building not just in Harvard but the entire region: a 1.5-million-square-foot facility, sprawling over 320 acres, part office and part plant, shaped like a giant wishbone. “It’s a huge, huge building,” one local, Ed Soliz, said at the time. “It looks like a small university.” With a $100 million price tag, Motorola said it would require a staggering five thousand employees to operate the facility — to help craft the next generation of Motorola phones and lead the global telecom market into the 21st century. But within a few years of finishing construction, the bottom had fallen out of Motorola’s business model. Suddenly, the building in Harvard had no purpose. Rather than a testament to Harvard’s future, it was a testament to corporate blinders. And for years it sat there, like a beached whale, waiting. Then, in 2008 — as the country began tipping fully into the Great Recession — an investor in his early 20s from Miami named Chaim Schochet showed up. Working on behalf of a firm called Optima International, Schochet offered $16.75 million for the empty building. A far cry from the Motorola investment, but more than locals could have hoped for. They happily accepted. Glimmers of potential sprang once more. “Hope burns eternal,” Roger Lehmann, a member of the Harvard Economic Development Corporation, said after the purchase. At the time, there was no reason to think Schochet and his colleagues were anything but savvy businesspeople, snapping up properties across the Midwest. Optima International was a parent company to a constellation of related firms (including one called “Optima Harvard Facility LLC”). Prosecutors would later dub this the “Optima Family,” with its American operations overseen by two Americans named Mordechai Korf (Schochet’s brother-in-law) and Uri Laber. As the Justice Department alleged in a series of civil forfeiture cases, this “Optima Family” plowed hundreds of millions of dollars into investments in state after state: commercial real estate in Cleveland and Dallas and Louisville, steel factories in West Virginia and Kentucky and Ohio, production plants in Michigan and New York and Indiana. Time and again, these investors swooped in, pledging jobs, revitalization and a lifeline for towns watching their economic lifebloods dry up. In just a few years, the “Optima Family” collected over a dozen mills, plants and other facilities across the American heartland. All of them had fallen victim to America’s yearslong manufacturing slump, part of the broader deindustrialization that began in the 1970s. All of them were eager for any injection of financing they could get, and for any promise of a brighter future. And, according to prosecutors, these purchases were all directly connected to a powerful steel and banking tycoon in Ukraine who was buying American properties to hide stolen money. Shortly after Ukraine’s 2014 revolution, investigators in the country alleged that Ihor Kolomoisky was secretly overseeing one of the greatest Ponzi schemes the world had ever seen, totaling at least $5.5 billion. Legal filings from American prosecutors last year detailed how Kolomoisky allegedly used his control of Ukraine’s largest retail bank, PrivatBank, to loot staggering sums from Ukrainian depositors, and then used a series of shell companies and offshore accounts to whisk the money out of the country and into the U.S. The idea seems to have been to purchase troubled assets that American sellers were eager to offload. Even if the buyers ultimately took a loss, the assets were still outside the grasp of Ukrainian investigators and could still act as vehicles through which to funnel money. Perhaps most importantly, the properties could be bought without much inquiry into the source of the monies: For two decades, American real-estate professionals have benefited from a “temporary” exemption to anti-money laundering laws, allowing them to avoid performing due diligence on the customer making the purchase. In subsequent efforts to seize the operation’s assets, American prosecutors laid out a theory that much of Kolomoisky’s operation was overseen by Laber and Korf, who “created a web of entities, usually under some variation of the name ‘Optima,’ to further launder the misappropriated funds and invest them” across multiple states. According to the DOJ, the funds lifted from PrivatBank bounced through a number of shell companies and offshore accounts, before being injected into the Optima network, and from there into assets around the American Midwest. And all of this took place while Kolomoisky — now sanctioned by the U.S. for what the State Department calls “significant corruption” and “ongoing efforts to undermine Ukraine’s democratic processes” — grew his power and wealth within Ukraine itself, creating a gargantuan private militia and reportedly manipulating elected officials along the way. The details gathered by U.S. and Ukrainian investigators and laid out in DOJ filings and court cases around the world, from Delaware to the UK to Israel, comprise what one analyst said might be “the biggest case of money laundering in history.” Kolomoisky says he bought the American properties with his own money, denying the Justice Department’s allegations about laundering ill-gotten funds. Neither he nor his American associates (who also deny wrongdoing) have been named in any criminal complaints. Reached for comment prior to publication of this article, an attorney for Korf and Laber responded, “Mr. Korf and Mr. Laber have never engaged in money laundering of any kind, and they have no knowledge of anyone else doing so. Any allegations against Mr. Korf and Mr. Laber arise from Ukrainian political disputes they have nothing to do with.” Kolomoisky and Schochet, the Miami investor, did not respond to a request for comment. Schochet has not been targeted by name in the government filings, and the government has not suggested he is personally a target of their investigations. But the DOJ complaint notes that the Harvard plant purchase was part of the sprawling Optima laundering scheme (including fraudulent loans used to purchase the plant in the first place). The investigators describe how, using investments in steel mills, skyscrapers and industrial plants across the Midwest and Rust Belt, Kolomoisky could take full advantage of America’s permissive climate for money laundering — all, apparently, to help clean the proceeds of his massive Ukrainian Ponzi scheme. After Schochet finalized the purchase in Harvard, locals say they saw little of him. “Chaim wasn’t around much,” Charlie Eldredge, head of the Harvard Economic Development corporation, told me. “I would see him once a year, once every other year…. Clearly it wasn’t the focus of their interest.” He added that it quickly became clear the Optima network “didn’t really have any real plans [about] what to do with the facility.” More than five years after the purchase, no jobs had returned and no further investments emerged. Unpaid property taxes kept accumulating, starving the strapped local government of hundreds of thousands of dollars. In 2016, Optima sold the building at a $7 million loss to a Chinese Canadian businessperson. Years of neglect by various owners began to take a toll: Soon, the factory went dark entirely. With a half-million-dollar tab in unpaid electricity bills, the juice was cut off, forcing local officials to visit with flashlights. “It’s just heartbreaking to see that beautiful place sitting vacant,” the McHenry County treasurer said in 2018. Along the way, the massive building itself — its factory and fitness center, its child care rooms and 500-seat auditorium, even its pair of heliports — continued a slow march toward implosion. Mold began creeping along the walls and roof, into the pipes, into the recesses of the building. The factory’s entire fire suppressant system, including over 20,000 sprinkler heads, began falling apart. “The mechanical [equipment] all needs to be replaced,” Mayor Michael Kelly said. “The roof leaks. No one’s really taking care of it.” “The building won’t just be valueless — it will be a catastrophe for the town, because it will have to be demolished,” Eldredge told me in 2020. “And the net cost for that, after salvage, is probably three to five times the city’s annual budget. It will be a financial catastrophe.” He paused, pondering the implication: This hundred-million-dollar promise to a small outpost in northern Illinois ended up with a foreign oligarch apparently using it to hide his money from investigators. (The building was sold just last month to a group of developers from Las Vegas for an undisclosed amount.) Harvard is hardly the only American town that saw Optima swoop in, making big promises that ended in disappointment. In Warren, Ohio, a steel plant purchased by Kolomoisky’s network had so many safety issues that several explosions occurred onsite, with employees repeatedly ending up in hospitals. Other plants and factories have ended up gutted and shuttered, laying off hundreds of American workers. One 70-year-old plant in Kentucky, after shutting its furnaces and tossing its employees to the curb, reportedly even refashioned itself as a Bitcoin-mining operation — without bothering to bring any of the jobs back. Over and over, Kolomoisky’s team showed up, purchased the properties and seemingly lost interest — leaving broken dreams, busted plants and bleeding economies in their wake. As Harvard’s Eldredge told me, “I think there’s certainly a good many citizens who feel it’s better the building had never been built.” As it turns out, the decrepit Harvard plant had another chance to avoid falling into disrepair. But the story of how that opportunity collapsed suggests just how deeply kleptocratic networks have become embedded into the American economy. In 2016 — just as Ukrainian officials began investigating the depths of Kolomoisky’s alleged Ponzi scheme — the oligarch and his team somehow found a buyer willing to take on the former Motorola plant. The new buyer was another firm with links to overseas investors, this time headed by a Chinese Canadian businessperson named Xiao Hua Gong. Gong, who goes by Edward, openly claimed he wanted to transform the plant into a smartphone manufacturing base. According to Eldredge, Gong was initially “very charming and full of conversation of what wonderful things he was going to do.” Not too dissimilar from a certain Ukrainian network that parachuted into Harvard a few years prior, singing much the same tune. A year after the sale, though, still nothing had happened with the building. And then Canadian authorities dropped a bombshell: They accused Gong of running his own transnational money laundering scheme, charging him with fraud and money laundering. Follow-on allegations from New Zealand authorities detailed how Gong had led a “multi-national pyramid scheme,” eventually resulting in the country’s largest-ever settlement, worth over $50 million. If the various allegations are true, this means the Harvard Motorola plant has entered not one, but two separate dirty-money pipelines. Following the charges against Gong, the plant remained frozen until its acquisition a few weeks ago. Local authorities couldn’t touch it, as it was part of ongoing investigations attempting to unwind Gong’s network. And the residents of Harvard watched the factory, and its initial promise, sit vacant. “It’s almost as if these oligarchs, that they have so much money that the rules don’t apply to them, they can do whatever they want,” Kelly sighed. “I think the community sees that the Motorola plant has been a huge albatross for us.” He paused, and took a breath. “The building is f---ing cursed.” We only know about Harvard because American and Canadian authorities, aided by partners in Ukraine and New Zealand, targeted the specific money laundering networks allegedly linked to Kolomoisky and Gong. But given the miles-wide availability of other American money laundering services — from real estate to private equity, hedge funds to anonymous trusts, artwork to accountants — there’s no reason to think the Motorola plant is the only multimillion-dollar American asset that’s been bandied between parallel kleptocratic networks. “I’m not sure people do understand how damaging taking dirty money really is to the United States,” former FBI agent Karen Greenaway, who has deep experience investigating post-Soviet money laundering networks, testified in 2019. “Dirty money is like a rainstorm coming into a dry streambed. It comes very quickly, and a lot of it comes very fast, and the stream fills up, and then it gets dry again.” As Harvard, Warren, and other small towns allegedly targeted by Kolomoisky’s network learned, that flood of money will wash through — but the streambed will dry up just as quickly, with adverse consequences for the people in those towns who hoped to benefit economically from the investments. As Greenaway added, after 2008, Americans sought to unload huge numbers of unprofitable properties, with little idea of who was buying them or whether these purchases might be new nodes in a broader transnational scheme to hide foreign wealth. Which is exactly what seems to have been the case in each of the overlooked, forgotten towns Kolomoisky and his team touched. Places like the towns in America’s steel-production heartland, reliant on the aging steel plants for another generation of jobs that will now never come. Places like Cleveland, which watched Kolomoisky and his men roll in and dominate an entire downtown, leaving a “gaping hole” behind. Places like Harvard, whose residents are watching this economic lifeline turn into an economic millstone, rotting right in front of them. “I think it’s hurting small-town America,” Greenaway concluded. “I just don’t think that we’ve come to that realization yet.” And that realization is long overdue. For years, the U.S. has largely overlooked the billions of dollars — and potentially more — in dirty and suspect money flooding into the country every year, stolen from national treasuries or made via bribes, smuggling or trafficking of humans and drugs alike. Much of this money comes to the country to be washed clean, to be transformed into legitimate assets and to obscure any links to its previous criminal owners. The Biden administration has vowed to take on global corruption, recently elevating it to a core national security threat. But the intertwined stories of Kolomoisky and Harvard suggest there’s much left to do before we can even grasp the scale of the damage in America’s heartland — and figure out what to do about it. Fortunately, we’ve started seeing movement in the right direction. The U.S. under the last few administrations has finally begun to tackle problems like shell company secrecy and anonymous real estate purchases, and Congress has introduced bill after bill to patch up the U.S.’s anti-money laundering regime. The Pandora Papers themselves have already spurred legislation, dubbed the “ENABLERS Act,” that would specifically require a whole range of Americans helping these networks thrive — “U.S.-based middlemen” like Korf and Laber, if American prosecutors are right — to conduct due diligence on the sources of foreign funds they handle. As of now, the only prominent American industry required to check whether the funds it handles are dirty is the banking sector — leaving the rest of the U.S. economy wide open. Thanks to the wide number of industries that can freely work with illicit funds, we have no idea how many other oligarchs, warlords and kleptocrats may have sunk their teeth into steel towns, into farming communities, into manufacturing plants and oil hubs and port cities across America. We have no idea how much of a role they’ve played in enervating cities and towns across the Rust Belt and elsewhere. Nor do we have any idea how many towns like Harvard have suffocated along the way, their livelihoods lost, their budgets strangled, their economic fortunes imploded. All because of what we now know to be a notoriously lax legal regime that incentivizes oligarchs, heads of state and other global elites to look to the United States to shelter their money — and to grab the biggest piece of “American Kleptocracy” that they possibly can.

  • Helsinki Commission Digital Digest September 2021

  • Cohen, Wilson, Whitehouse, and Wicker Introduce GOLD Act

    WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) and Ranking Member Rep. Joe Wilson (SC-02), along with Helsinki Commissioner Sen. Sheldon Whitehouse (RI) and Helsinki Commission Ranking Member Sen. Roger Wicker (MS), this week introduced the Guaranteeing Oversight and Litigation on Doping (GOLD) Act in the House of Representatives and the Senate. The bills would enable doping fraud—a violation of the Rodchenkov Anti-Doping Act—to also activate charges under the U.S. criminal anti-money laundering and racketeering statutes. Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26), sponsors of the Rodchenkov Act, also are among the original co-sponsors of the GOLD Act in the House of Representatives. The introductions follow comments from athletes expressing concern that this year’s Olympic Games—like many in the past—already have been marred by doping.   “Some of our athletes at the Olympic Games in Tokyo suspect that there has been performance-enhancing doping going on. One nation with a history of doping was disqualified from participating under its own flag because of past violations. We need better enforcement of anti-doping rules to make sure the Olympics are clean and that athletes are winning based on their own capabilities and training,” said Co-Chairman Cohen. “It is outrageous that clean athletes must continue to face doped athletes in international competition, but it isn’t surprising. No serious deterrent currently exists to stop the networks that engage in doping fraud, so doping continues unabated and remains a powerful asymmetric tool for authoritarian states like Russia to undermine the rule of law. Enforcement of the Rodchenkov Anti-Doping Act would put an end to this,” said Rep. Wilson. “The Olympics inspire us with remarkable feats of athleticism and a shared commitment to fair play. But doping schemes undermine the spirit of the games, and help kleptocrats like Putin burnish their image on the world stage.  That's why we need to extend the reach of the Rodchenkov Act, which I helped pass into law to tackle international doping. The GOLD Act will help law enforcement use our new anti-doping law to protect the integrity of international sport,”  said Sen. Whitehouse. “The United States needs to be ready to address doping fraud. Athletes have already expressed concern about possible doping at the Tokyo Olympics, and next year’s Beijing Olympics are not likely to be better given the corrupt nature of the Chinese Communist Party,” Sen. Wicker said. “The GOLD Act would pick up where the Rodchenkov Act left off, expanding the reach of the law by acknowledging that doping never happens in a vacuum. The corrupt officials and human rights abusers who engage in doping fraud also engage in money laundering, drug trafficking, computer hacking, racketeering, and more.” “The Rodchenkov Anti-Doping Act will finally hold Russia and other authoritarian actors to account for their state-run fraud. We should also closely examine the administrators and officials of the International Olympic Committee, World Anti-Doping Agency, and the various international sport federations, some of whom have allegedly enabled or engaged in doping fraud. The GOLD Act will make the Rodchenkov Act even broader and more powerful, and I look forward to the first indictment,” said Rep. Jackson Lee. “This week, Americans and the world are watching as Olympic athletes, who spent countless hours preparing, compete on the biggest world stage. It is critical that we do all we can to ensure they know that their effort is not tainted by someone working to rig the system. Being the largest sovereign contributor to the World Anti-Doping Agency (WADA), the United States must make certain that WADA is enforcing the rules and regulations in international competitions. The GOLD Act will strengthen the Rodchenkov Anti-Doping Act, and provide assurance to American competitors that their competition is clean and fair and that defrauded athletes may receive justice,” said Rep. Burgess. Helsinki Commissioner Rep. Richard Hudson (NC-08) and Rep. Tom Malinowski (NJ-07) also are original cosponsors of the GOLD Act. In December 2020, the Rodchenkov Anti-Doping Act became law. This groundbreaking extraterritorial criminal authority redefined doping as fraud and enables U.S. law enforcement to pursue corrupt administrators, officials, doctors, coaches, and other structural perpetrators of doping anywhere in the world. On July 21, the Helsinki Commission held a hearing on enforcement of the Rodchenkov Act at the Tokyo Olympics.

  • Helsinki Commission Summer 2021 Digital Digest

  • OSCE SHDM on Digital Technology and Human Rights

    OSCE Conference on Risks and Opportunities Posed by Digital Technologies On July 12 and 13, 2021, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) held the third Supplementary Human Dimension Meeting (SHDM) of the year, titled "Digital Technologies and Human Rights - Opportunities and Challenges." The virtual conference included representatives from 45 OSCE participating States; a dozen OSCE missions and institutions, including the OSCE Parliamentary Assembly; more than 140 academic, national, and non-governmental human rights institutions; and international organizations like the Council of Europe, European Union, and the United Nations. Digital technologies affect human rights, gender equality, and the rule of law, and in her opening remarks, Swedish Foreign Ministry Director-General for Political Affairs Elinor Hammarskjöld stressed the nexus between digital technologies and Swedish OSCE Chairpersonship-in-Office (CiO) priorities. The COVID-19 pandemic underscored how the digital divide disproportionately affects women and girls, she explained, and stressed the threat that widespread use of digital technologies can pose to fundamental freedoms if used indiscriminately by authorities. Panelists highlighted opportunities for digital technologies to benefit societies and human rights defenders, as well as dangers they can pose to human rights. Maia Rusakova, associate professor of sociology at St. Petersburg State University, warned that data collection technologies have facilitated online recruitment by human traffickers. However, facial recognition, artificial intelligence, and tracking blockchain financial transactions and social media activity could play a role in combatting the digital threats of human trafficking.  Susie Alegre, an associate at the human rights NGO Doughty Street Chambers, highlighted how cutting-edge data collection can raise awareness of threats to human rights, support investigations, facilitate positive social change, and support human rights defenders. Examples include Data 4 Black Lives, eyeWitness to Atrocities, Forensic Architecture, and Bellingcat. Elif Kuskonmaz, a lecturer at the University of Portsmouth, cautioned that misuse of facial recognition technology could pose threats to peaceful assembly and freedom of speech, and that it could be exploited to wrongfully detain citizens. To prevent such abuse, she recommended that participating States adopt adequate legal frameworks concerning the collection, use, storage, and sharing of personal data. She urged all participating States to review the Council of Europe's Convention 108+, which addresses personal data collection in a national security context. Other panelists explored the capacity of artificial intelligence systems to reinforce existing structural inequalities through algorithms and the subsequent human rights implications. Civil Society Concerns about Government Use—or Abuse—of Digital Technology Civil society participants shared human rights concerns related to governmental use of digital technologies. Many urged the OSCE to call out repressive behavior and help participating States establish adequate legal protections against misuse. Several urged the United States and the European Union to target sanctions against the worst offenders. Many participants also took the opportunity to raise human rights concerns directly with government officials, and alleged misuse of data collected by government agencies to persecute human rights defenders, social activists, and their families.  For example, civil society activists from Kazakhstan accused the government of conducting digital surveillance and censorship on NGOs and activists, and they complained that mandatory “security certificates” allow the government to monitor and block use of non-government-controlled social media sites such as Facebook, YouTube, and Instagram. Other NGOs raised concerns about Spain's treatment of protesters in Catalonia, Greece's treatment of Turks in Western Thrace, and Russia’s occupation of Ukraine, including Crimea. A German NGO called for the abolition of facial recognition technology due to its use by law enforcement to profile specific ethnic groups and minorities, including Roma and Sinti.  Civil society participants also expressed concerns over participating States’ use of digital technology to target dissent by deploying spyware against individuals, spreading misleading government-sponsored content, and silencing protest groups and democratic movements. Several NGOs argued that their governments exploited conditions imposed by the pandemic to use surveillance camera footage, geolocation data, and contact tracing as part of a domestic surveillance campaign to discourage public political dissent. Participants highlighted how technology has been used to spread racist messaging, including the racist abuse of English football players following the recent Union of European Football Associations Euro 2020 matches. Many voiced their dismay that social media companies do not hold accountable individuals who spread racist content. Participants recommended that social media companies implement more robust algorithms to detect racist remarks.  Participating States Respond Several participating States addressed the use of technology. The European Union recognized the importance of addressing human rights abuses that arise from the misuse of digital technologies. Turkey responded by touting its 2016 law on data protection and emphasizing its multiculturalism. The Holy See responded that it is necessary to improve education in proper use and effects of technology. The Holy See also called for international regulations to guarantee the protection of human rights and fundamental freedoms, including the right to private personal electronic communication.

  • Cardin and Wicker Discuss July 2021 Congressional Delegation in Colloquy

    Mr. CARDIN. Madam President, I take this time to talk about the work of the U.S. Helsinki Commission in a recent opportunity we had to participate in the OSCE Parliamentary Assembly. I am joined on the floor by Senator Wicker, who is the Republican chair of the Helsinki Commission. The two of us have worked together in a nonpartisan, bipartisan manner in regards to the work of the Helsinki Commission. I just want to spend a few minutes, and then I am going to yield the floor and allow Senator WICKER to give his comments. The OSCE, as the chair is fully aware as a member of the Commission, represents the U.S. participation in the Organization for Security and Co-operation in Europe—57 states, which includes all of Europe, all of the former Republics of the Soviet Union, and Canada and the United States. The Commission works on the principle of three buckets: one for political affairs and security, another for economic and environmental progress, and the third on democracy and human rights. But it recognizes—and I think this has been the hallmark of the Helsinki Commission—that you can’t have advancements on political affairs or security or economic or environmental progress unless you make progress on democracy and human rights, that they are interwoven. In the Helsinki Commission, the OSCE is best known for its advancements for basic human rights. So I think of the initiatives that we have had in the Helsinki Commission for dealing with trafficking in humans and the legislation that came out of that and how we led the global response to dealing with trafficking. I think about the efforts we made in regards to tolerance, dealing with anti-Semitism, racism, and intolerance and how we have made progress throughout the entire OSCE region. I think about the issues we did in regards to sanctions against human rights violators so they cannot use our banking system or visit our country, the Magnitsky-type sanctions. All of that came out of the work of the Helsinki Commission. So one of the major arms of our work is the OSCE Parliamentary Assembly, which is the group of parliamentarians who meet every year and have meetings throughout the year to exchange views and to carry out the principles of the Helsinki Final Act. For the last year and a half, we have been compromised because we haven’t had an opportunity to meet in person, and it required us to meet by internet, and we have, but we had a unique opportunity during the last recess period to actually travel and meet with the parliamentarians. We had an OSCE Parliamentary Assembly annual meeting in Vienna. And we had a chance to do this in a hybrid manner. So we were able to travel 12-strong from the U.S. Congress to be at that meeting, and we were joined by five others here in the United States, including our Presiding Officer, to participate in the Parliamentary Assembly, and we were able to advance a lot of very important issues. But I must tell you, we were noticed at this meeting. The U.S. presence was critically important in dealing with some very timely issues. I know that Senator Wickerwill talk about this. He is one of the great leaders of the Parliamentary Assembly. He is Vice-President of the Parliamentary Assembly. We are very proud of the leadership position that he holds. By the way, his election was in Vienna to be the Vice President of the Parliamentary Assembly. We had multiple candidates and several elected to Vice-Presidents, but Senator Wicker led the ballot with the largest number of votes, which I think speaks to his well-thought-of respect among the OSCE parliamentarians. We wanted to make sure that this was a substantive meeting. Quite frankly, the leadership of the Parliamentary Assembly said: Let’s just get in there and get it over with and not bring up anything controversial. But that is not the way we operate. We have to take up current issues. So we took up the issue of tolerance. I was happy to sponsor a resolution that ultimately passed by unanimous vote that speaks to anti-Semitism, racism, intolerance, and the growth of hate in the OSCE region. But we also made sure that we considered the recent elections in Belarus and how unfair those elections were and how Mr. Lukashenko has been acting in a way that is so contrary to the human rights of the people who live there, and the election results there do not reflect the will of the people. We also had a chance to make sure we took up the issues concerning Ukraine. Once again, there was a lot of controversy on why you should bring that up during this meeting. We did. We supported that to make it clear that Russia’s aggression and its occupation of Crimea and its interference in eastern Ukraine will never be recognized as legitimate by the United States or, by that matter, the Parliamentary Assembly, because we responded in all of those areas. I am pleased to tell you that we supported Margareta Cederfelt, who is going to be the President of the OSCE Parliamentary Assembly in Sweden, and we look forward to her visit here in the United States. Richard Hudson, Representative Hudson, will be the chair of the first committee. So we are going to have active participation in the Parliamentary Assembly. We had the chance to visit some other countries. But if I might, I think I am going to yield the floor and give my good friend and the leader of our congressional delegation trip an opportunity to expand on some of the things we were able to do in the OSCE Parliamentary Assembly. With that, I yield the floor. Mr. WICKER. Madam President, I thank my colleague from Maryland, who has been such a leader in the area of human rights and international recognition of the challenges that our world faces today. I do appreciate his leadership and his partnership. We have worked shoulder to shoulder on so many issues. Yes, I proudly rise with him this afternoon to talk about a very valuable series of meetings that our 12-member delegation had in 4 countries in Europe in recent days. This was Republicans and Democrats from the House and Senate, a truly bipartisan and bicameral delegation—a very large delegation—which I think my colleague will agree made a strong statement on behalf of the United States of America and on behalf of the U.S. House and Senate about the way we view European engagement and our partnership and friendship with the 50-plus member countries of the OSCE and their Parliamentary Assembly. We visited Vienna, Austria, for the OSCE Parliamentary Assembly. As Senator Cardin mentioned, we met with great success. Yes, I was reelected to the position of vice president, and I appreciate the support of Democrats and Republicans in the House and Senate in helping me get those votes to receive another three-year term there. Richard Hudson, our colleague from the House of Representatives, has been very active as chairman of Committee No. 1 in the Parliamentary Assembly. He is highly regarded. He was reelected without opposition. So there are two bits of success there. And then the great piece of work, actually, was with regard to Senator Cardin's initiative on the rising hate and intolerance that we are seeing all around the world, particularly among member countries of the Organization for Security and Co-operation in Europe. Senator Cardin actually took the lead in challenging the leadership of the Parliamentary Assembly in saying that issues should be discussed. Even though they weren’t in an immediate, like, three-week crisis mode, they deserved to be brought forward. And Senator Cardin was able to get his resolution considered and passed overwhelmingly, and we made a strong statement on behalf of countering the rising hate and intolerance and countering the use of these things to buttress authoritarianism and to stoke conflict around the world. We also passed a very important resolution about the tragedy, the outrage that has gone on in Belarus. I can tell you, the opposition party leader from Belarus was in this Capitol building just yesterday talking about the importance of support from places like the United States Congress. I can tell you, Madam President, that Senator Shaheen and I are about to send a letter to our colleagues asking any and all of us to join a Freedom Caucus for the Belarusian people, the Belarus Freedom Caucus. We asked the opposition leader, Sviatlana Tsikhanouskaya, to tell us whether that would be helpful. She said the formation of this caucus to support the freedom movement in Belarus would be a strong signal. It would be well received and effective on behalf of the opposition leadership there in Belarus. Then, again, we reiterated our opposition to what Russia has done in Ukraine and particularly to the recent Russian military buildup and ongoing aggression in Ukraine. We did a lot there with the Parliamentary Assembly. We went on to Estonia, met with leadership there—a former President, the current Prime Minister, other leaders. And, also, we had a chance to travel to the very easternmost part of Estonia and actually travel on the Narva River and look right across to Russia and the security guards there, understanding what our Estonian allies are up against with Putin’s Russia staring right across the river at their freedom and democracy. From there, we joined the Three Seas conference in Sofia, Bulgaria. I can tell you, this is a group of Eastern European former Soviet Bloc countries that are striving to be in charge of their own infrastructure and rely less on the Chinese Belt and Road Initiative. I think the fact that 12 Americans showed up, participated, met with Heads of state at that conference made a very strong statement of American support for freedom and for looking westwardly in trying to get their problems solved and their infrastructure needs met. We also had a very meaningful visit to Norway, where we saw some American-Norwegian defense initiatives. I am very proud of the partnership that this Helsinki Commission—our organ of the American OSCE PA—and the way that we joined together to express our support for freedom, for democracy, for the rule of law, for opposing corruption, both at the petty local level and also at the larger State-sponsored level. One other thing before I yield back and let my friend close. Particularly in Bulgaria, but also all during our trip, we were met with hearty thanks for the United States leadership in the global Magnitsky Act. This began as an initiative with Senator Cardin, Senator Lieberman, Senator McCain, and me several years ago directed—during the Obama administration—directed toward individual Russians who had violated human rights and individual liberty in a very outrageous and gross way, allowing us to sanction individuals rather than causing harm to the people of Russia in that case. That has been expanded now to the global level and other countries are adopting this. But I can tell you, when we arrived in Bulgaria, we were met with great thanks from people who are trying to combat lawlessness and corruption at the top level of government. I just have to say, of course, Ben Cardin has been the premier leader in this worldwide effort. It was gratifying to know and to learn firsthand on the ground there in Sofia, Bulgaria, that an initiative that began right here in this U.S. Senate years ago, and continues to this day, is having a beneficial effect on the people all across Europe and particularly in some of the countries that we visited. I yield back to the Senator from Maryland. The PRESIDING OFFICER. The Senator from Maryland. Mr. CARDIN. Madam President, let me again thank Senator Wicker. Thank you for your leadership on so many issues. But on this congressional delegation, for those who are not familiar, it is not easy to put together the type of opportunities to advance American values. And Senator Wicker took the responsibility as the leader of our delegation to make sure that we had the opportunities to advance American values. I thank him for all the effort he put into it. It was certainly extremely successful. I just want to emphasize a few things before closing. One, in Vienna, we did have an opportunity to meet with Rafael Grossi, who is the Director General of the IAEA. That is the International Atomic Energy Agency, which has the responsibility of monitoring the nuclear programs throughout the world. Obviously, it has played a bigger role in regard to the program in Iran, and it was monitoring exactly what was happening in Iran under the JCPOA. They now don’t have the same access, and we had a chance to talk with the Director General as to the challenges with the Iranian program. And I think it was helpful for all of us to understand exactly the role that the IAEA can play in regard to getting us information about what is happening on the ground in Iran. Senator Wicker talked about our visit to Estonia, a strong ally partner, NATO partner. We showed our support by going to Narva, which is on the Russian border. It is a town that has a majority of Russian-speaking Estonians. It is an interesting community. But we could see across the river, very clearly, the Russian patrol boats. We know and heard firsthand of the concern of the Estonians. They saw what happened in Ukraine and they worry that same thing could happen in Estonia with Russian aggression. I must tell you, our presence to reinforce the NATO commitment, I think, was an extremely important message that we gave to the Estonian people. Mr. WICKER. Would the gentleman yield on that point? Mr. CARDIN. I would be glad to yield. The PRESIDING OFFICER. The Senator from Mississippi. Mr. WICKER. If I might add, people in Narva, Estonia, and people in the city across the river have access to each other across a bridge there. And it is clear to the people on the Russian side that their cousins and friends in Narva, Estonia, live a better life and have a better standard of living in this free country, this NATO ally called Estonia, than the Russian cousins and friends have on the other side. I just thought I would add that to the discourse before Senator Cardin moves on to discussing Norway and Bulgaria. Thank you. The PRESIDING OFFICER. The Senator from Maryland. Mr. CARDIN. Madam President, let me move onto Bulgaria very briefly. Senator Wicker did cover Bulgaria. The Three Seas Initiative, I wasn’t that familiar with it before traveling to Bulgaria. It is an initiative by twelve states that are basically part of the Eastern European Coalition, states that are developing democratic institutions and democratic economies after the fall of the Soviet Union. They need to build up their resilience as a collective entity in energy, transportation, and digital infrastructure. The Three Seas Initiative is to attract investment to connect the twelve countries together on infrastructure needs. It is for many reasons. It is for its own economic strength and growth, but also for resiliency against the efforts of China on its Belt and Road Initiative, which is trying to infiltrate these countries and convert their way of economy to more of the Chinese system. The Three Seas Initiative is an effort to have their own independent way of attracting capital. The United States is participating in the Three Seas. We are not a member, but we are participating and providing resources for the fund that is being developed that would be leveraged for these type of investments. While we were in Bulgaria, we had a chance to have bilateral meetings. There were twelve heads of state there. We had bilateral meetings with the President of Poland, Bulgaria, Latvia, and Romania. We had very constructive discussions about what is happening in their country. We raised Helsinki issues with all these countries. Senator Wicker already talked about how we were welcomed by the Bulgarian leadership in regards to the imposition of the Magnitsky sanctions. We are heroes. They feel like they have a second chance to try to develop the type of anti-corruption mechanisms that they desperately need. Our visit to Varna, which is on the Black Sea, was very educational to see how Russia is trying to dominate the Black Sea area and one of the reasons why they are so aggressive in Ukraine and the Crimea. I think that was extremely helpful for us to understand the security risks and how we have to work with our NATO partners to protect the Black Sea area, particularly from the potential aggression—not potential—from the aggression of Russia. Also in Bulgaria, we had a chance to visit a Roma village. It is not my first visit to a Roma village. I have visited over the years. It is a real tragic situation. The Roma population have been in Europe for centuries. They lived in communities for hundreds of years, yet they do not have property rights. They have lived in their homes, and yet they do not have the opportunity to have their homes registered. And at any time, the government can come in and take away their property without compensation. They rarely have reliable utilities. The village we visited did not have water systems, so they had to use outhouses, et cetera. They had limited availability of fresh water. Their utility service is not reliable. And they go to segregated schools. They don’t have the same employment opportunities. So we, once again, will raise the rights of the Roma population as part of our commitment under the Helsinki Commission, and we are following up with the local officials to try to help in that regard. Then, lastly, on our way back, we visited Norway. I learned a lot because I did not know about the pre-positioning program. I know my friend Senator Wicker already knew about this from his Armed Services service, but it is where we pre-position equipment so that we can respond rapidly to a circumstance anywhere in the world. The Norway pre-positioning is actually used to help us in regard to the Middle East and our needs in the Middle East. So it was an extremely, extremely, I think, productive visit to these countries. I think we did carry out our commitment under the Helsinki Commission, and we advanced American values. I think we represented our country well, and we were very well noticed. With that, I yield the floor. The PRESIDING OFFICER. The Senator from Mississippi. Mr. WICKER. Madam President, one other thing that our colleagues might not understand about the OSCE is their role in election observation. As we were leaving Sofia on the morning of July 11, we crossed paths with some other representatives from the OSCE from European countries who were there to observe the parliamentary elections being held in Bulgaria that very day. Also, on the same day, Moldova, another member of the OSCE, was having parliamentary elections.  We have every hope that the results of these elections will be a further resolve in those two nation members to counter the corruption at the highest level, and we want to congratulate both of those member states of the OSCE for free and fair elections in Europe. With that, I thank my colleague. I yield the floor.

  • Rodchenkov Anti-Doping Act won't keep Tokyo clean - lawyer

    July 21 (Reuters) - The Rodchenkov Anti-Doping Act (RADA) is essential to restoring integrity to international sports and protecting clean athletes but won't be able to keep the Tokyo Games clean, a Helsinki Commission hearing in Washington was told on Wednesday. RADA, which was signed into law last December, allows the United States to prosecute individuals for doping schemes at international events involving American athletes, sponsors or broadcasters. The July 23-Aug. 8 Tokyo Olympics will be the first major test of this new law named after Grigory Rodchenkov, a former laboratory head who turned whistleblower and helped expose Russia's state-sponsored doping. The RADA bill empowers prosecutors to seek fines of up to $1 million and jail terms of up to 10 years. "Sadly, RADA will not make the Tokyo games clean. They will not be clean, that much I guarantee," Jim Walden, attorney for Rodchenkov, told the hearing. "The first nine years of my career I spent battling organised crime families in New York as a federal prosecutor. As resilient as the Mob proved to be, it pales in comparison to the deeply entrenched corruption in international sports." According to Walden, RADA is essential to restore integrity to international sports and protect clean athletes because "the current system is corrupt, purposefully ineffective, and deeply conflicted". Walden said Congress could super-size RADA's impact if it uses its oversight authority to ensure the FBI and Justice Department have a complete plan and allocate sufficient resources to bring cases. He also said a second imperative would be to withhold funding for the World Anti-Doping Agency until more transparency and Executive Committee comprised primarily of former clean athletes and anti-doping scientists are achieved. Edwin Moses, emeritus chair of the U.S. Anti-Doping Agency (USADA), told the hearing the "win at all costs" culture in sports is alive and well. Moses said the state-sponsored doping of the Russians competing at the 2014 Sochi Olympics was shocking, but even worse was a "lack of repercussions" that he described as a nightmare realized and one that we have not yet woken from. According to Moses, USADA is deeply committed to the effective utilization of RADA and will actively assist putting it in place and demonstrating its success. "This law protects the U.S. financial investment in international competition; stops corrupt actors that organize and facilitate doping fraud; compensates clean athletes who have been defrauded; and protects whistleblowers and clean athletes," said Moses. "The Rodchenkov Act is a strong deterrent to those that look to corrupt sport, on a global scale and ultimately a powerful detection mechanism."

  • Rep. Steve Cohen Appointed to Co-Chair Helsinki Commission

    WASHINGTON—Rep. Steve Cohen (TN-09) has been named by Speaker of the House Nancy Pelosi to co-chair the Commission on Security and Cooperation in Europe (also known as the Helsinki Commission) during the 117th Congress. “Over the past decade as a Helsinki Commissioner, I’ve witnessed the commission’s unique capacity to press for progress on international human rights and cooperative security throughout the OSCE region,” Co-Chairman Cohen said. “I am honored to be appointed as co-chair, and look forward to working closely with Chairman Cardin, fellow commissioners, and our OSCE partners to find strength in our shared values. We must continue to hold human rights abusers accountable, promote democratic values among participating States, counter Kremlin aggression, and work toward a sustainable model of regional security.” “I’ve had the pleasure of serving alongside Representative Steve Cohen on the Helsinki Commission for more than ten years and am delighted to welcome him as our new co-chairman,” said Helsinki Commission Chairman Sen. Ben Cardin (MD). “His commitment to fighting for those who suffer from discrimination and oppression, whether at home or abroad, reflects the values of the Helsinki Commission, and I look forward to his partnership during the 117th Congress.” Co-Chairman Cohen is a leader in Congress in promoting civil rights and civil liberties for all Americans, and human rights and democracy around the world. He believes that these shared values enhance security and cooperation among members of the Organization for Security and Cooperation in Europe (OSCE) and are a vital part of the relationship among the 57 OSCE participating States. Since joining the commission in 2011, Co-Chairman Cohen has participated in dozens of Helsinki Commission hearings and briefings with expert witnesses on OSCE-related issues: urging a peaceful de-escalation in Crimea, chairing a briefing on the Tunisian elections following the Arab Spring, and serving as an international election monitor in the Georgian Parliamentary elections. He also has traveled with numerous United States delegations to meet with representatives of other OSCE participating States and sponsored legislation to confront malign foreign influence, Russian aggression, and anti-Semitism.

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