Supporting Ukrainian RefugeesWednesday, May 25, 2022
More than 6 million Ukrainians have had to flee their country due to Russia’s brutal war of aggression. Most have entered bordering EU states, with more than half of those going to Poland. Poland and other frontline countries acted swiftly not only by opening their borders to Ukrainians, but also by enacting policies and legislation to provide them with temporary status, housing, job training, healthcare, and access to education. For its part, the Biden Administration announced that it will take in 100,000 refugees, opening a path for Ukrainians to obtain humanitarian parole in the United States. In addition, the United States has provided significant humanitarian assistance and support to countries hosting refugees. Nevertheless, as Russia’s bloody assault on Ukraine enters its third month, there is no end in sight to what has become the largest refugee crisis in Europe since World War II. Witnesses discussed the responses and challenges that frontline countries face in supporting Ukrainian refugees and how the United States might strengthen its policies in response, including by making the process of applying for visas more efficient. Related Information Witness Biographies
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Why I’m Sad to Be on Russia’s All-Purpose Payback ListTuesday, May 24, 2022
Reading Russia’s latest sanctions list, permanently banning travel to the country by 963 people, saddened me — and not just because my name is on it. It’s a catalogue of hurt from a nation that seems ready to blame everybody but its leaders for its current troubles. The list is very long indeed, running to nearly 100 pages in my printout. Reading so many names, you sense that Russia is deliberately burning nearly all its bridges to the United States. Russia’s ruling elite feels abused by American politicians, business leaders, journalists, judges, think tanks — nearly everyone, it seems. Donald Trump can still visit Moscow, but scores of Republican members of Congress can’t. The list of excluded GOP senators ranges from moderates such as Roy Blunt of Missouri and Mitt Romney of Utah to hard-right stalwarts Ron Johnson of Wisconsin and Tom Cotton of Arkansas. The GOP doesn’t fare much better in the House. Moderates Liz Cheney of Wyoming and Mike Gallagher of Wisconsin can’t tour the Kremlin anymore, but neither can Jim Jordan of Ohio or Marjorie Taylor Greene of Georgia. As for Democrats, forget about it. The sanctions list includes the Democratic House leadership, including Speaker Nancy Pelosi of California, Majority Leader Steny H. Hoyer of Maryland and Democratic Whip James E. Clyburn of South Carolina. The Congressional Progressive Caucus can save its rubles, too. The members of “the Squad” are all banned. So are Pramila Jayapal of Washington state and Ro Khanna of California. It’s the same on the Senate side. Majority Leader Charles E. Schumer of New York and Whip Richard J. Durbin of Illinois: Nyet, nyet.
Helsinki Commission on Sanctions Extended by Russia on Commissioners and StaffMonday, May 23, 2022
WASHINGTON—After Saturday’s announcement by the Russian foreign ministry that the latest list of Americans permanently banned from traveling to Russia includes all members of Helsinki Commission leadership, the overwhelming majority of commissioners, and nearly 20 current and former commission staff members, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “The Helsinki Commission and our professional staff have worked consistently throughout our history to ensure that all OSCE participating States—including Russia—live up to their commitments to human rights and the rule of law. Clearly our work has made a significant impression on Russian dictator Vladimir Putin and his cronies, if even staff who left the commission years ago are being sanctioned by the regime. With these actions to bar travel to Russia by experts on the country, Putin continues his campaign to isolate Russians from the international community. “We will continue to hold Russia to account for its clear, gross, and uncorrected violations of the Helsinki Final Act, including the war crimes committed during its invasion of Ukraine, its suffocation of free media and civil society domestically, and its egregious attempts to undermine democracy across the OSCE region.” While this latest list is one of the largest issued by Russia, Chairman Cardin and many other members of the Helsinki Commission had previously been barred from traveling to Russia.
Helsinki Commission Slams Legislation in Belarus that Would Extend Use of the Death Penalty to Pro-Democracy and Anti-War ActivistsFriday, May 20, 2022
WASHINGTON—Following the approval of legislation in Belarus that would apply the death penalty to pro-democracy activists and those opposing Russia’s war in Ukraine, and ahead of the May 21 commemoration of the Day of Political Prisoners in Belarus, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “With these amendments to the criminal code, Aleksandr Lukashenko and other senior officials in his regime seek to frighten brave Belarusian citizens into silence. These craven attempts to mute pro-democracy and anti-war activists are doomed to fail. Belarusians have demonstrated time and again that they are stronger than those who seek to oppress them, and that they will not cower even in the face of outright death threats from authorities. “The real criminals here are Lukashenko and his henchmen who attempt to muzzle political opponents, civil society, and the free press. We demand that all political prisoners in Belarus be released, and that Belarusian authorities cease their attempts to terrorize those who freely speak their minds.” Earlier this week, Lukashenko approved changes to the Belarusian criminal code that would extend the use of the death penalty against those convicted of “attempted acts of terrorism.” According to the U.S. Department of State, the Lukashenko regime “has levied politically motivated charges of ‘extremism’ and ‘terrorism’ against many of [Belarus’] more than 1,100 political prisoners and used such labels to detain tens of thousands more.”
Support for Ukrainian Refugees to Be Discussed at Helsinki Commission HearingFriday, May 20, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: SUPPORTING UKRAINIAN REFUGEES U.S. Policy and Visa Issuance Wednesday, May 25, 2022 2:30 p.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission More than 6 million Ukrainians have had to flee their country due to Russia’s brutal war of aggression. Most have entered bordering EU states, with more than half of those going to Poland. Poland and other frontline countries acted swiftly not only by opening their borders to Ukrainians, but also by enacting policies and legislation to provide them with temporary status, housing, job training, healthcare, and access to education. For its part, the Biden Administration announced that it will take in 100,000 refugees, opening a path for Ukrainians to obtain humanitarian parole in the United States. In addition, the United States has provided significant humanitarian assistance and support to countries hosting refugees. Nevertheless, as Russia’s bloody assault on Ukraine enters its third month, there is no end in sight to what has become the largest refugee crisis in Europe since World War II. Witnesses will discuss the responses and challenges that frontline countries face in supporting Ukrainian refugees and how the United States might strengthen its policies in response, including by making the process of applying for visas more efficient. The following witnesses are scheduled to testify: Panel 1 Dana Francis, Acting Deputy Assistant Secretary of State, Bureau of Population, Refugees, and Migration,U.S. Department of State (TBC) Panel 2 H. E. Marek Magierowski, Ambassador of Poland to the United States Irina Manelis, Esq., Principal, Manelis Law
Chairman Cardin, Colleagues Introduce Resolution Calling for Release of Russian Opposition Leader Vladimir Kara-MurzaMonday, May 16, 2022
WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD), author of the Global Magnitsky Human Rights Accountability Act, and colleagues introduced a resolution Monday honoring Russian opposition leader Vladimir Kara-Murza and his work for “freedom, democracy and human rights for the people of the Russian Federation.” Kara-Murza was detained in Moscow outside of his home one month ago, just days after testifying before the Helsinki Commission. The resolution calls for his release and urges calls for the U.S. Government to support the cause of democracy and human rights in Russia. Sens. Marco Rubio (FL), Dick Durbin (IL), Jim Risch (ID), Bob Menendez (NJ), Roger Wicker (MS), Ron Johnson (WI), Jeanne Shaheen (NH), Dan Sullivan (AK) and Chuck Grassley (IA) also are original cosponsors. “Vladimir Kara-Murza is a genuine hero, speaking truth to power in Russia, and mobilizing the world to support the Russian people,” said Chairman Cardin, who also is a senior member of the Senate Foreign Relations Committee. “Without his leadership, several countries in Europe would not have enacted their versions of the U.S. Global Magnitsky laws that have broadened the impact of our own sanctions program. We call for his immediate release form unjust imprisonment in Russia.” Last week, Chairman Cardin led a bipartisan letter calling on the Biden administration to sanction publicly “every Russian official and associate involved with the false arrest, detention, and political persecution of Vladimir Kara-Murza.” The full text of the resolution follows. It is scheduled to be considered by the Senate Foreign Relations Committee on Wednesday. Calling for the immediate release of Russian opposition leader Vladimir Kara-Murza, who was unjustly detained on April 11, 2022. Whereas Vladimir Vladimirovich Kara-Murza (referred to in this preamble as “Mr. Kara-Murza”) has tirelessly worked for decades to advance the cause of freedom, democracy, and human rights for the people of the Russian Federation; Whereas, in retaliation for his advocacy, two attempts have been made on Mr. Kara-Murza’s life, as— (1) on May 26, 2015, Mr. Kara-Murza fell ill with symptoms indicative of poisoning and was hospitalized; and (2) on February 2, 2017, he fell ill with similar symptoms and was placed in a medically induced coma; Whereas independent investigations conducted by Bellingcat, the Insider, and Der Spiegel found that the same unit of the Federal Security Service of the Russian Federation responsible for poisoning Mr. Kara-Murza was responsible for poisoning Russian opposition leader Alexei Navalny and activists Timur Kuashev, Ruslan Magomedragimov, and Nikita Isayev; Whereas, on February 24, 2022, Vladimir Putin launched another unprovoked, unjustified, and illegal invasion into Ukraine in contravention of the obligations freely undertaken by the Russian Federation to respect the territorial integrity of Ukraine under the Budapest Memorandum of 1994, the Minsk protocols of 2014 and 2015, and international law; Whereas, on March 5, 2022, Vladimir Putin signed a law criminalizing the distribution of truthful statements about the invasion of Ukraine by the Russian Federation and mandating up to 15 years in prison for such offenses; Whereas, since February 24, 2022, Mr. Kara-Murza has used his voice and platform to join more than 15,000 citizens of the Russian Federation in peacefully protesting the war against Ukraine and millions more who silently oppose the war; Whereas, on April 11, 2022, five police officers arrested Mr. Kara-Murza in front of his home and denied his right to an attorney, and the next day Mr. Kara-Murza was sentenced to 15 days in prison for disobeying a police order; Whereas, on April 22, 2022, the Investigative Committee of the Russian Federation charged Mr. Kara-Murza with violations under the law signed on March 5, 2022, for his fact-based statements condemning the invasion of Ukraine by the Russian Federation; Whereas Mr. Kara-Murza was then placed into pretrial detention and ordered to be held until at least June 12, 2022; and Whereas, if convicted of those charges, Mr. Kara-Murza faces detention in a penitentiary system that human rights nongovernmental organizations have criticized for widespread torture, ill-treatment, and suspicious deaths of prisoners: Now, therefore, be it Resolved, That the Senate— (1) condemns the unjust detention and indicting of Russian opposition leader Vladimir Vladimirovich Kara-Murza, who has courageously stood up to oppression in the Russian Federation; (2) expresses solidarity with Vladimir Vladimirovich Kara-Murza, his family, and all individuals in the Russian Federation imprisoned for exercising their fundamental freedoms of speech, assembly, and belief; (3) urges the United States Government and other allied governments to work to secure the immediate release of Vladimir Vladimirovich Kara-Murza, Alexei Navalny, and other citizens of the Russian Federation imprisoned for opposing the regime of Vladimir Putin and the war against Ukraine; and (4) calls on the President to increase support provided by the United States Government for those advocating for democracy and independent media in the Russian Federation, which Vladimir Vladimirovich Kara-Murza has worked to advance.
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Swiss Release Some Frozen Russian AssetsThursday, May 12, 2022
The Swiss government on Thursday reported 6.3 billion Swiss francs ($6.33 billion) worth of Russian assets frozen under sanctions to punish Moscow's invasion of Ukraine, a drop from early April as around 3.4 billion francs in provisionally blocked assets were released. The figure marked a decrease from roughly 7.5 billion Swiss francs in funds the government reported frozen on April 7. Government official Erwin Bollinger pointed to fewer funds -- 2.2 billion francs -- newly frozen than those that had been released. read more "We can't freeze funds if we do not have sufficient grounds," Bollinger, a senior official at the State Secretariat for Economic Affairs (SECO) agency overseeing sanctions, told journalists. Pressure has increased on Switzerland -- a popular destination for Moscow's elite and a holding place for Russian wealth -- to more quickly identify and freeze assets of hundreds of sanctioned Russians. read more The U.S. Helsinki Commission, a government-funded independent commission which looks at security, cooperation and human rights issues in Europe, in early May called Switzerland "a leading enabler of Russian dictator Vladimir Putin and his cronies", who the commission said used "Swiss secrecy laws to hide and protect the proceeds of their crimes". The Swiss government rejected the accusations "in the strongest possible terms", while Swiss President Ignazio Cassis had requested the U.S. government "correct this misleading impression immediately" during a telephone call with U.S. Secretary of State Antony Blinken. Swiss banks hold up to $213 billion of Russian wealth, Switzerland's bank lobby estimates, with its two largest lenders UBS (UBSG.S) and Credit Suisse (CSGN.S) each holding tens of billions of francs for wealthy Russian clients. read more Credit Suisse alone froze some 10.4 billion Swiss francs of that money through March under sanctions imposed in connection with the invasion. read more Credit Suisse's reporting did not make clear how much of that money was frozen in Switzerland. While banks and asset managers can provisionally freeze funds, SECO officials on Thursday said funds needed to be released if they could not establish the assets were directly owned or controlled by a sanctioned individual. "The amount of assets frozen is not a measure of how effectively sanctions are being implemented," Bollinger said, adding asset freezes were "by far" not the most important measure in a wide-ranging packet of sanctions. ($1 = 0.9948 Swiss francs)
Helsinki Commissioners Lead Bipartisan Ask for Biden to Sanction Russians Responsible for Jailing Opposition Leader Vladimir Kara-MurzaThursday, May 12, 2022
WASHINGTON—U.S. Senator Ben Cardin (MD), author of the Global Magnitsky Human Rights Accountability Act and Chair of the Commission on Security and Cooperation in Europe (Helsinki Commission), along with Helsinki Commission Ranking Member Senator Roger Wicker (MS) and Commissioners Senators Jeanne Shaheen (NH) and Sheldon Whitehouse (RI) are urging President Joe Biden to publicly sanction “every Russian official and associate involved with the false arrest, detention, and political persecution of Vladimir Kara-Murza.” The lawmakers made the plea last week in a letter that also was signed by U.S. Representatives Steve Cohen (TN-09), Co-Chair of the Helsinki Commission; Joe Wilson (SC-02), Ranking Member of the Helsinki Commission; Gerald Connolly (VA-11); John Curtis (UT-03); Brian Fitzpatrick (PA-01), Ruben Gallego (AZ-07); Richard Hudson NC-08); Sheila Jackson-Lee (TX-18); Marcy Kaptur (OH-09); Bill Keating (MA-09); Adam Kinzinger (IL-16); Tom Malinowski (NJ-07); Peter Meijer (MI-03); Mike Levin (CA-49); Gwen Moore (WI-044); Burgess Owens (UT-04); Katie Porter (CA-45); Maria Elvira Salazar (FL-27); Abigail Spanberger (VA-07); and Marc Veasey (TX-33). “Kara-Murza is a Russian opposition politician who has long stood up against Russian dictator Vladimir Putin. He embodies what Russia might be one day when it is democratic and free,” the lawmakers wrote. “As Russia loses its brutal war of aggression against Ukraine, we must consider what might come next in that country. Kara-Murza offers a vision of a Russia free from imperialist kleptocracy. He has bravely answered the call of many Ukrainians for Russians to take a stand and oppose this bloody and senseless war. He must be immediately freed and allowed to continue his work.” The full letter is below and can be downloaded at this link. President Joseph R. Biden, Jr. The White House 1600 Pennsylvania Ave., NW Washington, DC 20500 Dear President Biden, We urge you to name and sanction every Russian official and associate involved with the false arrest, detention, and political persecution of Vladimir Kara-Murza. Kara-Murza is a Russian opposition politician who has long stood up against Russian dictator Vladimir Putin. He embodies what Russia might be one day when it is democratic and free. We also urge you to examine whether to sanction those involved in the persecution and imprisonment of other Russian political prisoners. Kara-Murza is a Russian patriot who has fought for decades for democracy in Russia and a prosperous future for his country. For this, the regime in Russia has poisoned him twice. On April 11, while in Russia, Kara-Murza called this regime “a regime of murderers.” He was then arrested, and now faces trumped up charges that may result in years of unjust imprisonment. Kara-Murza was the key Russian activist behind the passage of the Magnitsky Act and its adoption by our allies. The late Senator John McCain called him “one of the most passionate and effective advocates for the passage of the Magnitsky Act.” Kara-Murza himself, like his mentor Boris Nemtsov before him, has called the Magnitsky Act the most “pro-Russian law passed in the United States in the history of our countries.” Nemtsov was murdered in front of the Kremlin. The Magnitsky Act is the appropriate tool to sanction those involved in the persecution of Kara-Murza. We ask that you coordinate with our allies to sanction these individuals at the same time. The European Union, the United Kingdom, Canada, and Australia now all have Magnitsky sanctions laws of their own. As Russia loses its brutal war of aggression against Ukraine, we must consider what might come next in that country. Kara-Murza offers a vision of a Russia free from imperialist kleptocracy. He has bravely answered the call of many Ukrainians for Russians to take a stand and oppose this bloody and senseless war. He must be immediately freed and allowed to continue his work. Sincerely,
Arrest and Detention of Vladimir Kara-MurzaThursday, May 12, 2022
Mr. President, one month ago, Russian authorities arrested Vladimir Kara-Murza, a tireless advocate for a democratic Russia and longtime Putin critic, on the street near his apartment in Moscow. While he was in detention for a fabricated administrative violation, they charged him further with ‘‘spreading deliberately false information’’ about the armed forces of Russia, which was criminalized under a Russian law passed after the full-scale invasion of Ukraine. He is currently in pretrial detention and could face up to 15 years in prison if convicted. Vladimir is a friend and frequent visitor to the offices of many Members of Congress, myself included. His wife and children live in Virginia, and he splits his time between the United States and Russia, where he was born and raised. Vladimir has a special relationship with the Helsinki Commission and a keen interest in using parliamentary diplomacy to rally other nations against the Putin regime’s undemocratic and violent policies, particularly the war in Ukraine. Vladimir was instrumental in the development and passage of the Magnitsky Act. In fact, a number of colleagues and I recently sent a letter to President Biden urging that the administration impose Magnitsky Act sanctions on every Russian official and associate involved in Vladimir’s false arrest and unjust detention. That Vladimir continues to return to Russia after multiple poisonings, arrests, and other tribulations is a testament to his profound courage and dedication to his fellow citizens. He feels that he cannot, in good conscience, call on Russians to risk their freedom and lives to resist the evils and complacency of Putin’s Russia if he is comfortably out of harm’s way himself. Two weeks before his arrest, Vladimir testified at a Helsinki Commission hearing on propaganda and censorship in Russia, where he warned that speaking out against the war in Ukraine is now grounds for prosecution in Russia, yet he refused to be silent. Though now deprived of his physical freedom and in grave danger, Vladimir’s spirit is unbroken; he is unafraid; and he continues to believe that Russia will one day become a democratic, European state. He sees the Ukraine war as the last desperate gasp of Putinism, the beginning of the end. In our many meetings over the years, Vladimir has always reminded us of the need to remember prisoners of conscience and speak their names. As Vladimir now ranks among these hundreds in Russia, and even more throughout the rest of the world, we will remember him. I call upon my colleagues to do the same; there is hope and power in not being forgotten. Mr. President, I ask unanimous consent that the letter to President Biden that I referred to a moment ago be printed in the RECORD. There being no objection, the material was ordered to be printed in the RECORD, as follows: MAY 5, 2022. President JOSEPH R. BIDEN, JR., The White House, Washington, DC. DEAR PRESIDENT BIDEN: We urge you to name and sanction every Russian official and associate involved with the false arrest, detention, and political persecution of Vladimir Kara-Murza. Kara-Murza is a Russian opposition politician who has long stood up against Russian dictator Vladimir Putin. He embodies what Russia might be one day when it is democratic and free. We also urge you to examine whether to sanction those involved in the persecution and imprisonment of other Russian political prisoners. Kara-Murza is a Russian patriot who has fought for decades for democracy in Russia and a prosperous future for his country. For this, the regime in Russia has poisoned him twice. On April 11, while in Russia, KaraMurza called this regime ‘‘a regime of murderers.’’ He was then arrested, and now faces trumped up charges that may result in years of unjust imprisonment. Kara-Murza was the key Russian activist behind the passage of the Magnitsky Act and its adoption by our allies. The late Senator John McCain called him ‘‘one of the most passionate and effective advocates for the passage of the Magnitsky Act.’’ Kara-Murza himself, like his mentor Boris Nemtsov before him, has called the Magnitsky Act the most ‘‘pro-Russian law passed in the United States in the history of our countries.’’ Nemtsov was murdered in front of the Kremlin. The Magnitsky Act is the appropriate tool to sanction those involved in the persecution of Kara-Murza. We ask that you coordinate with our allies to sanction these individuals at the same time. The European Union, the United Kingdom, Canada, and Australia now all have Magnitsky sanctions laws of their own. As Russia loses its brutal war of aggression against Ukraine, we must consider what might come next in that country. KaraMurza offers a vision of a Russia free from imperialist kleptocracy. He has bravely answered the call of many Ukrainians for Russians to take a stand and oppose this bloody and senseless war. He must be immediately freed and allowed to continue his work. Sincerely, Ben Cardin, Jeanne Shaheen, Roger Wicker, Sheldon Whitehouse, U.S. Senators. Steve Cohen, Gerald Connolly, Brian Fitzpatrick, Richard Hudson, Marcy Kaptur, Adam Kinzinger, Peter Meijer, Gwen Moore, Katie Porter, Abigail Spanberger, Joe Wilson, John Curtis, Ruben Gallego, Sheila Jackson Lee, Bill Keating, Tom Malinowski, Mike Levin, Burgess Owens, Marı´a Elvira Salazar, Marc Veasey, Members of Congress.
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Lithuania Becomes First to Designate Russia as Terrorist StateTuesday, May 10, 2022
Lithuania's parliament on Tuesday designated Russia as a terrorist country and recognized its actions in Ukraine as genocide. Why it matters: In doing so, Lithuania has become the first country in the world to designate Russia as a sponsor and executor of terrorism, Ukraine's Centre for Strategic Communications and Information Security tweeted. State of play: Lithuania's unicameral parliament adopted the two-pronged resolution unanimously, per a statement posted to its Facebook page. "The war against Ukraine by the Russian Federation is a genocide of the Ukrainian nation carried out by Russia. The Russian Federation is a country that supports and executes terrorism," the statement read. What they're saying: The resolution stated that Russian forces have committed war crimes in Ukrainian cities such as Bucha, Irpin, Mariupol, Borodyanka and Hostomel, Lithuanian National Radio and Television (LRT) reported. The parliament "recognizes the full-scale armed aggression – war – against Ukraine by the armed forces of the Russian Federation and its political and military leadership ... as genocide against the Ukrainian people," it added. The resolution also stated that Russia, "whose military forces deliberately and systematically target civilian targets, is a state that supports and perpetrates terrorism." The big picture: Last week, Ukraine's Prosecutor General Iryna Venediktova told the U.S. Helsinki Commission that Russia had committed nearly 10,000 war crimes over the course of the war. Russian forces have deliberately targeted civilian infrastructure such as hospitals. Last month, Sima Bahous, the United Nations executive director for women, told the UN Security Council that reports of human trafficking, rape and other sexual violence in Ukraine were increasing. President Biden said last month that Russia was committing genocide in Ukraine.
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Officials Detail Russian War Crimes, but Still Weighing ‘Genocide’ LabelThursday, May 05, 2022
Experts and officials from the U.S. and Ukraine detailed the war crimes being committed by Russia amid its assault on Ukraine at a hearing of the U.S. Helsinki Commission on May 4, but were less certain about whether those actions constitute genocide. “The State Department has assessed that members of Russia’s forces have committed war crimes across Ukraine based on a careful review of available evidence and information including open source information, but also classified sources,” said U.S. Ambassador at Large for Global Criminal Justice Beth Van Schaack. “We saw credible reports of individuals killed execution style with their hands bound, as you mentioned. We saw bodies showing signs of torture, and we heard horrific accounts of sexual violence against women and girls,” she added. Van Schaack did not weigh in on whether Russia was committing genecide, despite President Biden applying that label during a speech last month. The U.S. has not made an official determination regarding genocide yet. The State Department has funded and deployed a team of prosecutors, investigators and other professionals to help Ukraine investigate the ongoing crimes, Van Schaack added. “This team is advising and supporting the office of the prosecutor general as they collect, preserve, and analyze evidence of atrocities with a view towards pursuing criminal accountability,” she said. Ukrainian Prosecutor General Iryna Venediktova said her office has seen the most atrocities in the Kyiv region, which the Russian military withdrew from last month to focus on its attacks on the country’s eastern regions. “We saw numerous civilians shot right on the street near and in their houses, corpses with clear signs of torture. We also discovered a torture chamber with bodies piled on the ground,” she said. Venediktova noted that her office charged 10 Russian soldiers with war crimes, and was investigating whether the Russian atrocities are genocidal. “This is just a drop in the ocean of cases that we have,” she said. Timothy Snyder, a history professor at Yale University who specializes in Central Eastern Europe and the Holocaust, said he believes Russia’s actions fit into the five categories established by the 1948 Genocide Convention. “In my view all five of these actions have been carried out — now, just to be clear: In order for genocide to have taken place, we don’t need all five, we only need one. But I think it is the case, and terrifyingly so, that all five are in fact the case in Russian occupied Ukraine,” Snyder said at the hearing. The five genecidal acts in the 1948 convention are attempting to destroy a national, ethnic, racial or religious group, including killing members of the group; imposing measures to prevent births from the group; causing serious bodily or mental harm; creating conditions that could bring the destruction of the group; and transferring children by force to another group. Snyder said Russia has been forcibly moving Ukrainian children to Russia. “This one is often overlooked, but I think it is quite important. More than 1 million people, according to Russian data, have been deported from Ukraine to Russia and among that million we’re talking about well over 100,000 children and those children in Russia are being deprived of their nationality,” Snyder said. Russian President Vladimir Putin’s belief that Ukraine does not exist is “pre-genocidal”, Synder argued. “When Mr. Putin says, as he had said repeatedly, that there is no Ukranian state or no Ukranian nation, scholars of genocide would recognize that as pre-genocidal language. That is when you say a group doesn’t exist, what you’re doing is preparing for its destruction,” he said.
Russia's Swiss EnablersThursday, May 05, 2022
Long known as a destination for war criminals and kleptocrats to stash their plunder, Switzerland is a leading enabler of Russian dictator Vladimir Putin and his cronies. After looting Russia, Putin and his oligarchs use Swiss secrecy laws to hide and protect the proceeds of their crimes. Close relations between Swiss and Russian authorities have had a corrupting influence on law enforcement personnel in Switzerland and have led to the resignation of numerous officials, including the head prosecutor of Switzerland. A recent Organized Crime and Corruption Reporting Project investigation found that Credit Suisse catered to dozens of criminals, dictators, intelligence officials, sanctioned parties, and political actors, and identified problematic accounts holding more than $8 billion in assets. According to the Financial Times, Credit Suisse also asked investors to destroy documents linked to yacht loans made to oligarchs and tycoons. This briefing examined the relationship between Switzerland and Russia in light of Putin’s full-scale invasion of Ukraine. Panelists discussed how a compromised Switzerland affects U.S. national security and whether the United States should rethink its strategic bilateral relationship with Switzerland. Related Information Panelist Biographies How the Swiss Law Enforcement Capitulated to the Russians in the Magnitsky Case - Bill Browder
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Ukraine's prosecutor general testified about alleged Russian war crimes at U.S. Helsinki Commission hearingThursday, May 05, 2022
Ukraine's Prosecutor General Iryna Venediktova testified at the hearings of the Helsinki Commission on alleged war crimes of Russia in Ukraine, Venediktova said in a Facebook statement on Thursday. "The Helsinki Commission of the US Congress held a hearing on Russia's war crimes in Ukraine. I testified at the hearings about the horrific atrocities committed by the Russian army on our land: the deliberate bombing of civilian objects, killings and torture, the use of rape as a weapon," Venediktova said. The Helsinki Commission is a US government commission that "promotes human rights, military security, and economic cooperation in 57 countries," according to its website. Commissioners include US Senate, House of Representatives and executive branch members. The Ukrainian prosecutor general claimed that the Russian army had committed more than 9,800 war crimes in 70 days of war. She added that the unblocking of Mariupol and the end of the occupation of territories would open even more horrific cases for Ukraine to investigate. She said that "the red lining at the hearings were signs of genocide of the Ukrainian people and the prosecution of the main serial war criminal of the 21st century." "The deportation of our children in order to erase their identity and bring them up as Russians is a direct proof of the plan to destroy Ukraine. The overriding task of the world community is to develop an effective international mechanism of justice and responsibility for Russia's crimes in Ukraine, which will become a tool now and a safeguard for the future," Venediktova said. Mariupol Mayor Vadym Boichenko has claimed that Russian forces deported almost 40,000 people from Mariupol to Russia or the breakaway Donetsk People's Republic. Russia also said that it has "evacuated" over one million people to Russian territory since Feb. 24. There is no way to verify the Russian data on evacuations. Ukrainian officials have repeatedly said that thousands of citizens are being deported to Russia forcibly.
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Swiss Attacked for Going Easy on Seizing Russian BillionsThursday, May 05, 2022
The $7.6 billion in Russian assets seized to date by Swiss authorities is “insulting,” outspoken Kremlin critic Bill Browder said at briefing on Russian money in Switzerland. It’s “a lot of money in absolute terms but Switzerland is one of the main destinations for dirty Russian money,” said Browder. Given the Swiss Bankers Association has said there’s as much as 150 to 200 billion Swiss francs ($202 billion) in Russian assets in the country’s banks “I would almost say it’s slightly insulting,” he said. Browder, who has also highlighted what he perceives to be Swiss prosecutors’ soft approach to investigating Russian financial crime, called on the U.S. to review its cooperation framework with its Swiss counterparts, during the hearing organized by the Commission on Security and Cooperation in Europe on Thursday. “Based on my experience, it would lead me to believe the Swiss are knowingly turning their head the other way when it comes to some of the other oligarchs,” said Browder. The Swiss government said a month ago it had blocked 7.5 billion Swiss francs ($8 billion) in Russian assets in the country to date, as it issues sanctions that mirror those imposed by the European Union on those seen as close to Vladimir Putin. That figure represented a jump of 30% from their previous tally two weeks earlier and Swiss officials say the number will continue to rise as more assets hidden behind shell companies or in the names of associated are painstakingly uncovered. Switzerland surprised the world in early March by departing from its tradition of neutrality and saying it would fully embrace the European Union measures against Russia. But critics including Browder contend that the country needs to go much further. Read more: Swiss Hunt for Russian Wealth Criticized Despite $6 Billion Haul Erwin Bolliger, the chief of the Swiss Secretariat for Economic Affairs which is enforcing the sanctions, has tried to explain the gap by pointing out that are plenty of legitimately-held Russian investments in Switzerland. “There is merit in Bill’s suggestion to review the law enforcement relations between the U.S. and Switzerland,” said Mark Pieth, a law professor at the University of Basel and corruption expert, said at the hearing. Up until now, Switzerland’s approach to clamping down on dirty Russian money in the country has shown a “lack of courage,” Pieth said.
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Jewish Democratic Lawmakers Unite in Condemnation of Lavrov's Hitler RemarkWednesday, May 04, 2022
All 25 Jewish Democratic lawmakers in the House of Representatives on Tuesday issued a rare but sharp joint condemnation of Russian Foreign Minister Sergey Lavrov over his comments comparing Ukrainian President Volodymyr Zelenskyy to Adolf Hitler. "The blatant antisemitism in recent comments by Russian Foreign Minister Sergei Lavrov is appalling but sadly not surprising. Lavrov, Vladimir Putin, and the Russian regime are doing everything they can to divert attention from their unprovoked, unlawful invasion of Ukraine and the failings of their military in the face of a heroic Ukrainian response," 24 of the 25 Jewish lawmakers said in a joint statement after the Russian foreign minister said that Hitler also 'had Jewish blood', referring to Zelenskyy's Jewish origins, adding that "the wise Jewish people said that the most ardent antisemites are usually Jews." "Defaulting to antisemitic tropes, including blaming the Jews for the Holocaust and using the Holocaust to cover their own war crimes, reflects the gutless depravity of the Russian regime," they continued, adding that "Lavrov’s remarks on Italian TV were an affront to the memory of the six million Jews murdered by the Nazis, the survivors of the Holocaust, their families and the entire world Jewish community.” Rep. Steve Cohen, who co-chairs the U.S. Helsinki Commission that monitors human rights and international cooperation in the Organization for Security and Co-operation in Europe, issued his own statement, where he decried Lavrov's "stooping to the basest antisemitism." The Tennessee Democrat charged that Lavrov and Russia are "clearly disconnected from reality, morality, humanity and sensitivity," adding that "this level of depravity is consistent with the reprehensible, repugnant and reptilian conduct of Putin's government." The statement is the second such rare showing of joint unity amongst the Jewish House Democrats, who rest across the political spectrum, in the past two months. Their comments follow senior Israeli officials, leading U.S. officials and Jewish leaders offering their own rejection of Lavrov's comments. Russia has since doubled down, with its foreign ministry accusing Israel of supporting neo-Nazis in Ukraine
Russian War Crimes in UkraineWednesday, May 04, 2022
Well-documented Russian bombings and missile strikes in Ukraine have decimated hospitals, schools, and apartment buildings, including a theater in Mariupol where hundreds of children were sheltering and the Kramatorsk rail station where thousands were waiting to escape the Russian onslaught. The withdrawal of Russian troops from towns like Bucha, Chernihiv, and Sumy has revealed horrific scenes of civilian carnage, mass graves, and reports of rape and torture. Several world leaders have accused Russia of committing genocide against the people of Ukraine. In March, 45 Organization for Security and Cooperation in Europe (OSCE) states began proceedings to “establish the facts and circumstances of possible cases of war crimes and crimes against humanity…and to collect, consolidate, and analyze this information with a view to presenting it to relevant accountability mechanisms.” The resulting report, issued on April 14, found “clear patterns of international humanitarian law violations by the Russian forces” and recommended further investigations to “establish individual criminal responsibility for war crimes.” The Government of Ukraine, Ukrainian NGOs, and the International Criminal Court are collecting evidence for use in future legal proceedings. Witnesses at the hearing discussed the findings of the OSCE report, examined evidence being collected to document Russian war crimes in Ukraine, and analyzed paths to bring perpetrators to justice. Related Information Witness Biographies
Co-Chairman Cohen Condemns Lavrov’s Antisemitic CommentsTuesday, May 03, 2022
WASHINGTON—In response to Russian Foreign Minister Sergei Lavrov's recent antisemitic comments regarding Ukraine’s president and the people of Ukraine more generally, Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) issued the following statement: “In a despicable attempt to justify Russia’s war crimes in Ukraine, including well-documented indiscriminate murders of civilians, including children; torture; and rape of women, children and also men, Lavrov stooped to the basest antisemitism by claiming that Hitler had Jewish heritage and President Zelensky, although Jewish, can still be a Nazi and Ukraine a Nazi state. “By outrageously restating the false and offensive tropes of Holocaust denial and claiming that Jews are the worst antisemites—all while Russian forces commit genocide against the Ukrainian people at the behest of Vladimir Putin—Lavrov and the state he represents show that they are clearly disconnected from reality, morality, humanity, and sensitivity, and that they have no problem embracing the very ideology they claim to rebuke so long as it serves their propaganda. “Comparing President Zelensky to Hitler should be shocking. Unfortunately, this level of depravity is consistent with the reprehensible, repugnant, and reptilian conduct of Putin’s government. Such comments are no longer surprising as we witness Putin’s bloody attempt to destroy the people of Ukraine.” Co-Chairman Cohen, in his capacity as Head of the U.S. Delegation to the OSCE Parliamentary Assembly (PA), along with other Helsinki Commission leaders, recently urged the OSCE PA to adopt a declaration by the parliament of Ukraine that recognizes Russia’s actions in Ukraine as genocide.
Helsinki Commission Regrets Closure of OSCE Special Monitoring Mission to UkraineMonday, May 02, 2022
WASHINGTON—On April 28, the OSCE announced that Russia had definitively forced the closure of the Special Monitoring Mission (SMM) to Ukraine, following its veto of the mission’s mandated activities as of April 1. In light of this announcement, 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: “Moscow’s choice to force the closure of the OSCE Special Monitoring Mission to Ukraine is only its latest offense against the rules-based international order. The brave monitors and staff who served the mission, in place since 2014, did exactly what they were supposed to do. Despite continual harassment and under constant threat, they reported objectively on ceasefire violations, informing the international community about the brutal reality of Russia’s war against Ukraine. The monitors’ clear and continuous reporting allowed the world to draw its own conclusions about the roots of Russia’s aggression. Moscow’s move to force the mission to close only underlines its desire to hide this ugly fact. “As we commend the service of these brave monitors and condemn Russia’s obstruction, we renew our call on Moscow to immediately release all Ukrainian SMM staff members who have been detained in occupied parts of Ukraine. “We also mourn the recent loss of Maryna Fenina, a Ukrainian national serving with the SMM who was killed by Russia’s shelling in Kharkiv on March 1, and we will never forget American paramedic Joseph Stone, who was killed while serving in support of the mission when his vehicle struck a landmine in Russian-controlled territory in eastern Ukraine on April 23, 2017.” The SMM was established in 2014 as an unarmed, civilian mission and served as the international community’s eyes and ears on the security and humanitarian situation in the conflict zone. It operated under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia, and Ukraine.
Helsinki Commission Briefing to Examine Swiss Enabling of Russian OligarchsFriday, April 29, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: RUSSIA’S SWISS ENABLERS Thursday, May 5, 2022 10:00 a.m. Register: https://ushr.webex.com/ushr/j.php?RGID=r72f85e0c40a09b609b328a9481f54063 Long known as a destination for war criminals and kleptocrats to stash their plunder, Switzerland is a leading enabler of Russian dictator Vladimir Putin and his cronies. After looting Russia, Putin and his oligarchs use Swiss secrecy laws to hide and protect the proceeds of their crimes. Close relations between Swiss and Russian authorities have had a corrupting influence on law enforcement personnel in Switzerland and have led to the resignation of numerous officials, including the head prosecutor of Switzerland. A recent Organized Crime and Corruption Reporting Project investigation found that Credit Suisse catered to dozens of criminals, dictators, intelligence officials, sanctioned parties, and political actors, and identified problematic accounts holding more than $8 billion in assets. According to the Financial Times, Credit Suisse also asked investors to destroy documents linked to yacht loans made to oligarchs and tycoons. This briefing will examine the relationship between Switzerland and Russia in light of Putin’s full-scale invasion of Ukraine. Panelists will discuss how a compromised Switzerland affects U.S. national security and whether the United States should rethink its strategic bilateral relationship with Switzerland. The following panelists are scheduled to participate: Bill Browder, Head, Global Magnitsky Justice Campaign Miranda Patrucic, Deputy Editor in Chief, Regional and Central Asia, Organized Crime and Corruption Reporting Project Mark Pieth, President of the Board, Basel Institute on Governance
History has shown that robust engagement in multilateral arenas represents long-term realism: to lead, we must be involved; to protect our national interests and the principles we hold dear, we must remain engaged; and to inspire those who suffer every day under authoritarian regimes, we must hold our own country to the highest standards on the world stage.
Unfortunately, efforts to maintain America’s preeminence in the world have come under increasing pressure in recent years. These challenges are not isolated and are waged on many fronts – economically, militarily, and diplomatically. Some may use these challenges as an excuse to retreat, claiming that engagement in international organizations like the Organization for Security and Cooperation in Europe (OSCE) adds no value. We believe that quite the opposite is true. If we want to continue to lead, protect, and inspire, we need the OSCE’s opportunities for multilateral engagement more than ever.
Amid the alphabet soup of institutional acronyms, many Americans probably have not heard of the OSCE, let alone know that it is the largest regional security organization in the world. Comprising 57 countries, it links Vancouver in the West to Vladivostok in the East, spanning North America, Europe, and Central Asia. We are members of the organization’s Parliamentary Assembly, where we have represented our country and our principles in a forum of international lawmakers for a combined 34 years. We have engaged the OSCE, as a whole, even longer. We know firsthand the value of U.S. leadership and sustained high-level engagement in the organization – and conversely, we know the enormous risks that would come with retreat.
A Broader Definition of Security
The essential, enduring value of the OSCE can be traced back to its founding and the ideological transformation that it quietly unleashed. In the 1950s, the Soviet Union first conceived the idea of the Helsinki Final Act. The founding charter of the Conference on Security and Cooperation in Europe, or CSCE, later institutionalized as today’s OSCE, would eventually be signed in 1975. Moscow saw the document as a way to validate post-World War II border changes and tighten its stranglehold on Eastern Europe. The Kremlin, no doubt, also hoped to create an alternative to NATO and weaken U.S. ties to Europe.
As troops massed along the Iron Curtain after the Soviet-led invasion of Czechoslovakia in 1968, Europe began to see some value in greater East-West engagement. The United States saw the Soviet proposal as a damage-mitigation exercise at best. Secretary of State Henry Kissinger famously decried the Helsinki Final Act, saying, “They can write it in Swahili for all I care… The Conference can never end up with a meaningful document.”
Opposition to the Helsinki Final Act was not limited to Foggy Bottom. The Wall Street Journal published the editorial “Jerry, Don’t Go” just prior to President Ford’s departure to sign the document in Finland, reflecting widespread opposition from U.S. foreign policy hawks and Americans across the country who descended from the “captive nations” of Eastern Europe.
What most observers at the time overlooked, however, was the Helsinki Final Act’s uniquely comprehensive definition of “security.” The Act contains 10 principles guiding inter-state relations, including respect for human rights and fundamental freedoms; respect for sovereign equality; recognition of the territorial integrity of states; and the commitment of states to fulfill in good faith their obligations under international law. The integration of human rights into a concept of security was revolutionary.
The Act also provided that any country signatory could publicly challenge any other country that wasn’t living up to Helsinki principles, either internally or externally. This was remarkable for its time.
These two innovations made the Act a rallying point for human rights advocates everywhere, especially dissident movements in the one-party communist states of the Soviet bloc. Groups like Charter 77 in Czechoslovakia, Solidarity in Poland, and other monitoring groups in the Soviet Union and Baltic States that were crucial to the eventual collapse of communism in Europe relied on Helsinki commitments in their advocacy.
With U.S. leadership, meetings of the CSCE also became venues for frank exchanges, where countries committing human rights abuses were named and victims identified. The strongest weapons in the U.S. arsenal – democratic ideals, market principles, and the primacy of individual rights – rallied European friends and allies, attracted Soviet satellites, and left Moscow isolated, if not fully convinced.
Today's Inflection Point
We were both serving in the House of Representatives shortly after the Soviet Union collapsed in the early 1990s. We were aware that the transitions ahead would be difficult, particularly as horrific ethnic cleansing spread in the Balkans and a brutal war was waged in Chechnya. Although we were on opposite sides of the aisle, we were joined in our conviction that liberal democracy would ultimately prevail throughout Europe and into Central Asia.
Unfortunately, our confidence was dramatically misplaced. Thirty years later, instead of the peace and prosperity we expected in the OSCE region, we are at an inflection point, faced with uncertainty and the increasing erosion of the security framework that followed the Cold War. In recent elections, we’ve watched nationalist parties gain a strong foothold in Europe. NATO ally Turkey – one of the world’s most oppressive regimes toward journalists – is succumbing to authoritarian rule, weakening checks on executive power and targeting more than 100,000 perceived opponents of the ruling party in sweeping purges.
Vladimir Putin continues to violate the sovereignty and territorial integrity of not just Ukraine – where, in areas controlled by Russia, pro-Ukrainian sentiment is met with imprisonment, torture, or death – but also Georgia, where Russia has occupied 20 percent of the country’s territory for more than a decade. The Russian government supports separatists in the Transnistrian region of Moldova, interferes in elections in the United States and Europe, and undermines faith in democratic governments worldwide through cyberattacks and information warfare.
An era of increasing nationalism, Kremlin revisionism, and rising authoritarianism may not, at first, seem to be the best moment to revitalize multilateral diplomacy. But it has been, and will continue to be, in our national interest to promote democracy, the rule of law, and human rights around the world – just as we did more than 40 years ago in the Finnish capital. Those Helsinki commitments, and their institutionalization over time, empower us to stand up for our values and for comprehensive security at a time in which we absolutely must.
In April 2017, we – along with every other senator currently serving on the Helsinki Commission – introduced a resolution urging President Trump to recognize the importance of the Helsinki Final Act and the OSCE as well as their relevance to American national security. We hope the administration will endorse this effort.
A Record of Results
The value of the OSCE and the effectiveness of American involvement are evident in the organization’s more recent evolution and achievements. This is no Cold War relic. We have seen examples of multilateral success in many initiatives, beginning with its quick embrace of newly independent states, from the Balkans to Eastern Europe and Central Asia.
As multiethnic states broke apart, the OSCE created a high commissioner on national minorities in 1992 to address ethnic tensions and proactively prevent conflict between or within states over national minority issues. Participating states developed mechanisms to respond to the most recalcitrant actors, such as the unprecedented suspension of Yugoslavia the same year for the “clear, gross, and uncorrected” violations of Helsinki principles by the regime of Slobodan Milosevic against Bosnia and Herzegovina.
Under OSCE auspices, internal political confrontations in Serbia in 1996 and Albania in 1997 were resolved through high-level engagement before they became a broader threat to peace and prosperity in Europe. The United States led the way, generating the political will to act quickly and with resolve.
Robust field missions also were created in the 1990s to respond to conflicts, first in the Balkans and then extending into Eastern Europe, the Caucasus, and Central Asia. In some places, such as Kosovo, the OSCE often was the only acceptable international monitor or facilitator on the ground, serving as the eyes and ears of the international community, bringing opposing sides together, and mitigating spillover effects in neighboring countries.
Today, the OSCE’s civilian Special Monitoring Mission (SMM) to Ukraine is the only independent observer group in the war zone. Established in 2014 to monitor implementation of the Minsk Agreements, its approximately 700 monitors provide clear and unbiased reporting of ceasefire violations and human costs of the conflict. Approximately half of the U.S. contribution to the OSCE goes toward funding the SMM.
The mission faces challenges, including attempts to sabotage its work and concerns about security. The latter was tragically demonstrated by the death of Joseph Stone, a U.S. paramedic killed last year when his vehicle struck a landmine in separatist-controlled territory. Without the SMM’s reporting, however, we would lack critical information to understand and address ongoing Russian aggression against Ukraine. Kremlin propaganda would have a clear field to disguise the true nature and scale of the conflict.
The OSCE also sets the gold standard for election observation across the region. The organization’s trained observers partner with international lawmakers, including ourselves, to analyze election-related laws and systems and the effectiveness of their implementation. The evaluations that these missions produce are critical benchmarks for OSCE countries and support U.S. efforts to promote human rights, democracy, and the rule of law around the world.
Pressure from the organization and its participating states has been a major factor in the release of political prisoners in countries like Azerbaijan. For example, the OSCE Office for Democratic Institutions and Human Rights, the OSCE Representative on Freedom of the Media, and the OSCE Parliamentary Assembly publicly condemned Baku for its targeting of investigative journalist Khadija Ismayilova and the broader use of its judicial system to repress political opponents, journalists, and minorities. The Helsinki Commission also weighed in. In May 2016, Ismayilova was released from prison.
Our actions in this and similar cases demonstrate global leadership. We welcome the recent nomination of a new U.S. permanent representative to the OSCE. This important post has remained vacant for far too long. We urge our Senate colleagues to swiftly consider the nominee, who will be responsible for leading America’s vigorous defense of democracy and human rights in the region.
Let us also not overlook the fact that our work in the OSCE in relation to Russia is not simply to counter Moscow’s anti-democratic ambitions. Follow-up meetings to the original Conference on Security and Cooperation in Europe became one of a shrinking number of places where East-West dialogue could take place during the Cold War. Likewise, after Russia was suspended from the G8 in March 2014, today’s OSCE provides one of the few remaining opportunities to engage with Russia and hold the Kremlin accountable to principles it has endorsed.
Russian Foreign Minister Sergei Lavrov attends OSCE ministerial meetings, where he easily – and with great success – engages with senior officials from around the region. That alone should encourage our secretary of state to be present. Secretary Tillerson attended the 2017 ministerial, and we urge Secretary Pompeo to do the same.
Along with successes, we also have seen areas where multilateralism has fallen short. Areas like Nagorno-Karabakh, Transnistria, Chechnya, Abkhazia, and South Ossetia have consumed OSCE attention and resources, but unfortunately, the organization’s actions have not thawed these frozen conflicts. The OSCE may have kept things from getting worse than they might have been otherwise; this is something to praise, but cannot yet be counted as a win.
These efforts have been hindered in part by the otherwise positive requirement that major decisions in the organization require consensus. This rule is vital to the OSCE’s success. The organization can convene all parties on an even footing and – because no country can claim that it didn’t voluntarily agree to its commitments – the rule gives unique force to the OSCE’s actions. However, decision-making by consensus also allows a single intransigent country to wield its veto as a weapon, even in cases of otherwise overwhelming agreement.
In 2008, Russia successfully blocked the OSCE from establishing a field mission in Georgia as Russian-backed separatists occupied South Ossetia and Abkhazia. Since then, resistance to hosting or authorizing field missions, a core capability of the OSCE, has spread. Belarus kicked out its OSCE mission in 2011. Azerbaijan forced the mission in Baku to close in 2015, and two years later, it insisted on the shuttering of a mission in Armenia. Mongolia, the newest OSCE participating state, has repeatedly requested a mission to foster its continued democratic development and build closer ties with other participating states. Moscow consistently blocks that request.
A related and ongoing problem is the lack of transparency of the OSCE’s decision-making. Opening its official deliberations to the public would help make those countries that thwart progress more broadly accountable for their recalcitrance.
A more recent challenge comes from the government of Turkey. Ankara continues to use the 2016 coup attempt as pretext for not only violently repressing its citizens and detaining others, including Americans, but also for limiting the participation of non-governmental organizations in certain OSCE meetings. The OSCE is the only international organization that allows NGOs to participate equally with governments in meetings on human rights commitments, allowing these groups to raise their concerns directly. If Turkey has its way, human rights groups might be denied a seat at the table. It is easy to imagine which countries quietly hope this effort will succeed. The United States must continue to make it clear that it is not one of them.
Indeed, the moral here is that the United States should not only support the strengths and potential of the OSCE, but we must also be present and potent when progress and principles are challenged within the organization.
Our colleagues in both chambers of Congress have the passion and determination to do just that. In these days of partisan discord, we must remember – and treasure – the fact that Congress is broadly committed to the principles enshrined in the Helsinki Final Act: respect for human rights and fundamental freedoms, democratic principles, and liberty. We see this in the establishment of the Helsinki Commission itself, a unique agency conceived by Congress to strengthen the legitimacy of human rights monitoring, defend those persecuted for acting on their rights and freedoms, and ensure that violations of Helsinki provisions are given full consideration in U.S. foreign policy.
The OSCE’s broad membership and comprehensive definition of security make it an ideal platform to advocate for our interests in a vital region. Its institutions remain singularly placed to moderate regional conflicts, promote respect for human rights, and safeguard essential elements of democracy. We have not only the right, but also the duty, to hold countries responsible if they fail to adhere to the basic principles that we all agreed to in 1975.
We also have the responsibility to hear and consider other participating states when they feel that the United States is not fully meeting our commitments. Leading by example means that we must be held accountable, too.
At this critical juncture, when the rules-based order appears particularly fragile, any weakening or absence of the OSCE could irreversibly damage the chances for democracy and peace in the region. We must not allow that to happen – and the key is our own steadfastness, in words and deeds.
Roger Wicker (@SenatorWicker) is chairman of the U.S. Helsinki Commission and a vice president of the OSCE Parliamentary Assembly. A member of the Republican Party, he has represented Mississippi in the Senate since December 2007. He previously represented Mississippi for 13 years in the House of Representatives.
Ben Cardin (@SenatorCardin) is ranking Senate member of the U.S. Helsinki Commission. He serves as special representative on anti-Semitism, racism, and intolerance for the OSCE Parliamentary Assembly. A member of the Democratic Party, he has represented Maryland in the Senate since January 2007 after 20 years in the House of Representatives.