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Could U.S. Law Help Punish Russians for Doping Scheme?
New York Times
Juliet Macur
Wednesday, March 14, 2018

WASHINGTON — In recent months, the United States has punished the following people for alleged human rights violations and corruption:

A former Gambian president who led terror and assassination squads. A Chechen leader involved in torture, kidnapping and murder. A Pakistani man at the center of a human-organ trafficking network.

And a former Russian sports minister who was implicated in a nation’s systematic doping scheme that tainted several Olympics and other international competitions?

Well, not the last person — at least not yet.

The United States Anti-Doping Agency is exploring the use of government sanctions to punish Russian officials involved in the state-supported doping program that turned the 2014 Sochi Games into a sham. On Tuesday, Travis Tygart, the chief executive of the agency, attended a workshop here sponsored by the U.S. Helsinki Commission to see if the Global Magnitsky Act, a 2016 law that allows the sanctions, could apply to the Russians.

The law calls for individuals who have committed human rights violations or significant corruption to be barred from obtaining United States visas and blocked from using the American financial system, which effectively blacklists them from doing business with major world banks. Powerful, wealthy people don’t like to have their assets frozen.

“What happened in Sochi was the worst case of corruption that we’ve ever seen in sport, so why shouldn’t the act apply to us?” Tygart said. “We have to look down every avenue if we’re working for clean athletes, particularly in light of the I.O.C.’s failure do anything.”

Tygart said American athletes have been demanding that the antidoping agency find ways to better protect clean athletes in the future so the Russian doping debacle is never repeated.

The International Olympic Committee punished Russia, sort of, for its widespread doping. It barred the Russian Olympic Committee, the Russian flag and the Russian national anthem from last month’s Pyeongchang Games, while letting some Russian athletes compete under a neutral flag. It also barred for life one top Russian official: Vitaly Mutko. (He was implicated in the doping program as the Russian sports minister. After the scheme was exposed, he was promoted to deputy prime minister.)

Three days after the Pyeongchang Games ended, the I.O.C. reinstated Russia’s Olympic committee — even though two Russian athletes had failed drug tests during the competition.

So the United States antidoping group is looking for additional ways to punish the Russians. The Global Magnitsky Act is in its infancy and the sports angle might be a long-shot, but why not try?

Besides, the United States government often has to do the dirty work for sports leagues and federations that refuse to police themselves.

To take down the principles and athletes involved in the Bay Area Laboratory Co-Operative steroids scandal that ensnared athletes like Barry Bonds and Marion Jones, law enforcement made arrests and prosecutors took it from there. To address the widespread doping problem in Major League Baseball, Congress had to drag players and management in to testify.

To uncover corruption in FIFA, United States prosecutors took the lead and indicted more than two dozen officials and businessmen from all over the world — much to the dismay of soccer’s global establishment.

And now it could be the Global Magnitsky Act that delivers a staggering blow to the Russians for corrupting the results of major global sports competitions — including, but certainly not limited to, the Olympics.

Among the people who could be targeted for sanctions are Mutko; Yuri D. Nagornykh, the former deputy sports minister; Irina Rodionova, the former deputy director of the Center for Sports Preparation; and others mentioned in an affidavit by Dr. Grigory Rodchenkov, Russia’s former longtime antidoping laboratory chief who blew the whistle on the whole operation.

Does such sports corruption rise to the level covered by the law? William F. Browder thinks so. He’s a prominent investor who worked with Congress on the original Magnitsky Act, which was passed in 2012 in response to the death of Browder’s Russian lawyer, Sergei L. Magnitsky. The lawyer had uncovered a $230 million tax-theft scheme before he was arrested and died in prison.

“There’s one important issue and that’s the doping scandal at the Sochi Games led to what I believe were murders,” Browder said, referring to two officials from Russia’s antidoping agency who died within two weeks of each other in 2016. “There were a number of people involved who died very suspiciously who were most likely liquidated to cover up a crime.”

He added: “There were people who effectively ruined institution of sport and have committed crimes to do so. That would reach the standard of Global Magnitsky, in my opinion. These people involved in sports doping, they’re shameless. So there needs to be really hard consequences. They need to pay a very dear price.”

That price would be losing access to their money and the freedom to move about the world. And they would be on a list with some of the world’s worst criminals.

“If the Olympic Games are unquestionably tainted, that has huge economic ramifications for not just U.S. athletes, but for U.S. industry, and the U.S. government has an interest in making sure that doesn’t happen,” said Robert G. Berschinski, senior vice president for policy at Human Rights First and a former deputy assistant secretary of state.

I asked him if he thought the individuals involved in the Russian doping case could be sanctioned under the law. “Without getting into specifics,” he said, “it seems that you can make a case.”

Tygart thinks so, too. He left the workshop on Tuesday thinking that sanctions were a last resort but “a viable option.”

Is it truly a viable option, and will the antidoping agency act on it?

A certain group of Russians might not be eager to learn the answers.

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In this new age of autocracy, the threat is here—now—and it comes in the form of abusive Red Notices, dirty money, and bought-and-paid-for lawfare tactics The purpose of these tactics is to silence journalists and activists, hollow out the rule of law, and ensure that no one ever dare pursue this new class of transnational kleptocrats whose sole goal is the wholesale looting of the countries they claim to serve and the seamless transfer of those ill-gotten gains to our shores and those of our allies. 

  • 2019 Human Dimension Implementation Meeting

    From September 16 to September 27, OSCE participating States will meet in Warsaw, Poland, for the 2019 Human Dimension Implementation Meeting (HDIM), organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR).  As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress. During the 2019 meeting, three specifically selected topics will each be the focus of a full-day discussion: “safety of journalists,” “hate crimes,” and “Roma and Sinti.” These special topics are chosen to highlight key areas for improvement in the OSCE region and promote discussion of pressing issues. Human Dimension Implementation Meeting 2019 Since the HDIM was established in 1998, the OSCE participating States have a standing agreement to hold an annual two-week meeting to review the participating States’ compliance with the human dimension commitments they have previously adopted by consensus. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as refugee migration and human trafficking), and concerns relating to tolerance and nondiscrimination (such as countering anti-Semitism and racism). Each year, the HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma and Sinti. Unique about the HDIM is the inclusion and strong participation of non-governmental organizations. The United States has been a stout advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE structures allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. Members of the U.S. delegation to the 2019 HDIM include: Ambassador James S. Gilmore, U.S. Permanent Representative to the OSCE and Head of Delegation Christopher Robinson, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs Roger D. Carstens, Deputy Assistant Secretary, Bureau of Democracy, Human Rights, and Labor Elan S. Carr, Special Envoy to Monitor and Combat Anti-Semitism Alex T. Johnson, Chief of Staff, U.S. Helsinki Commission

  • Helsinki Commission Leaders Introduce Transnational Repression Accountability and Prevention (TRAP) Act

    WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Ranking Member Rep. Joe Wilson (SC-02) today introduced the Transnational Repression Accountability and Prevention (TRAP) Act (H.R. 4330) in the House of Representatives. Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) introduced the TRAP Act (S. 2483) in the Senate on Tuesday. The legislation addresses politically-motivated abuse of the International Criminal Police Organization (INTERPOL) by autocracies. “Today’s autocrats don’t simply try to silence journalists, activists, and other independent voices at home. They also hunt them down in their places of refuge abroad,” said Chairman Hastings. “Such repressive regimes even manipulate INTERPOL—a legitimate and potent tool for international law enforcement cooperation—to trap their targets using trumped-up requests for detention and extradition. The United States must act to prevent this flagrant abuse and protect those who fight for freedom, human rights, and the rule of law." “Instead of facing consequences for their serial abuse of INTERPOL, autocratic states like Russia and China have instead jockeyed for senior positions in the organization,” said Co-Chairman Wicker. “The United States and other democracies should impose real costs for this global assault on the rule of law. This legislation would ensure that the United States remains at the forefront of defending the vulnerable against the long arm of state repression.” “The Transnational Repression Accountability and Prevention Act continues the tradition of U.S. leadership in combating INTERPOL abuse, holding perpetrators accountable, and advancing necessary reforms within the U.S. Government and INTERPOL to respond to this threat,” said Rep. Wilson. “This legislation makes it clear that the United States stands on the side of freedom for those who defy repression, resist corruption, and defend human rights wherever they seek refuge and a voice.” “Autocratic regimes are increasingly exporting their repression overseas, including to our own country. The United States must respond more forcefully to these attacks against the rule of law and deter the serial abuse of INTERPOL by repressive governments,” said Sen. Cardin. “This legislation is critical to establishing stronger protections for dissidents and other independent voices whom these regimes wish to apprehend in the United States on politically motivated charges.” The Helsinki Commission regularly receives credible reports from political dissidents, human rights defenders, and members of the business community who are the subject of politically-motivated INTERPOL Notices and Diffusions requested by autocratic regimes. These mechanisms, which function effectively as extradition requests, can be based on trumped-up criminal charges and used to detain, harass, or otherwise persecute individuals for their activism or refusal to acquiesce to corrupt schemes. Following reports that U.S. immigration authorities have cited such politically-motivated INTERPOL requests to detain some individuals and consider removing them from the United States, the TRAP Act formally codifies strict limitations on how INTERPOL requests can be used by U.S. authorities. The TRAP Act further declares that it is the policy of the United States to pursue specific reforms within INTERPOL and use its diplomatic clout internationally to protect the rights of victims and denounce abusers. The bill requires the Departments of Justice, Homeland Security, and State, in consultation with other relevant agencies, to provide Congress with an assessment of autocratic abuse of INTERPOL, what the United States is doing to counteract it, and how to adapt United States policy to this evolving autocratic practice. The State Department would also be required to publicly report on the abuse of INTERPOL in its annual Country Reports on Human Rights to create a transparent, public record of these violations of the rule of law. Russia is among the world’s most prolific abusers of INTERPOL’s Notice and Diffusion mechanisms. Other participating States of the Organization for Security and Cooperation in Europe (OSCE)—principally Azerbaijan, Kazakhstan, Tajikistan, and Turkey—and other authoritarian states, such as China, also reportedly target political opponents with INTERPOL requests that violate key provisions of INTERPOL’s Constitution, which obligate the organization to uphold international human rights standards and strictly avoid involvement in politically-motivated charges. Original co-sponsors of the legislation include Helsinki Commission members Sen. Marco Rubio (FL), Sen. Cory Gardner (CO), Sen. Sheldon Whitehouse (RI), Rep. Steve Cohen (TN-09), Rep. Brian Fitzpatrick (PA-01), Rep. Richard Hudson (NC-08), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. John Curtis (UT-03), Rep. Sheila Jackson Lee (TX-18), and Rep. Tom Malinowski (NJ-07) are also original co-sponsors.

  • TOOLS OF TRANSNATIONAL REPRESSION

    As modern technology has allowed political dissidents and human rights defenders to operate from almost anywhere on the planet, repressive regimes have searched for opportunities to reach those who threaten their rule from afar.  To silence dissent from abroad, autocrats often turn to the International Criminal Police Organization, known as INTERPOL, to file bogus criminal claims seeking the arrest and extradition of their political targets. This abuse of INTERPOL Red Notices and Diffusions enables autocratic governments to harass and intimidate their opponents thousands of miles away, even within free and democratic societies. The U.S. Helsinki Commission convened an expert panel to highlight how autocrats today use INTERPOL and other means such as surveillance, abduction, and assassination to punish dissent overseas. Witnesses suggested how the United States and other democratic nations can defend against these threats to the rule of law domestically and internationally.

  • Simulating a Baltic Security Crisis

    By Brittany Amador, Intern On August 29, 2019, U.S. Helsinki Commission personnel, joined by Congressional staff from several relevant offices, participated in a simulated security crisis in the Baltic region centered on the U.S. and NATO response to a hypothetical act of Russian aggression. The event followed the Helsinki Commission’s historic field hearing on Baltic Sea regional security, where members of Congress convened senior Allied and partner leaders from Poland, Lithuania, Estonia, Sweden, and Finland, as well as the United States European Command (EUCOM) and the U.S. Mission to NATO, to better understand current and evolving security threats in the region.  Participants in the simulation. Ambassador (ret.) John Heffern, a former Acting Assistant Secretary of State for Europe and Eurasian Affairs and Deputy Chief of Mission to the U.S. Mission to NATO, led the simulation. Ambassador Heffern, who currently serves as a Distinguished Fellow of Diplomacy and Entrepreneurship at Georgetown University, was assisted in the facilitation of the game by Andrew Carroll, an officer with the United States Air Force who recently completed his Max Kampelman Policy Fellowship at the Helsinki Commission. 2d Lt Andrew Carroll describing the parameters of the simulation. During the three-hour event, attendees played the roles of various regional actors, and debated possible actions in response to realistic scenario inputs. Participants were provided immediate feedback on their strategic decisions, knowing in real time the impact of their simulated actions. The scenario underlined the challenges and opportunities inherent in any response to a security crisis in the Baltic Sea region. Ambassador (ret.) John Heffern explaining tactical movements.

  • Why the Helsinki Commission still matters

    Forty four years ago, President Gerald Ford joined 35 other heads of state, including longstanding American adversaries, to sign one of the most significant international agreements of the 20th Century—the Final Act of the Conference on Security and Cooperation in Europe, better known as the Helsinki Accords. The accord committed the United States, Europe, and the Soviet Union to respect human rights, to manage the spread of dangerous weapons, to foster economic opportunity, and to ending the territorial disputes in Europe that had already twice plunged the world into war. The U.S. Commission on Security and Cooperation in Europe, better known as the Helsinki Commission, was created to uphold these commitments. Since its inception, the Helsinki Commission has provided a crucial voice for defending freedom, opportunity, and human rights across the world. Composed of members of Congress from both parties and chosen from the House and Senate, the Helsinki Commission represents our democracy’s commitment to preserving and advancing the peace, freedom, and prosperity across the world that previous generations of Americans sacrificed so much to achieve. That is why I am honored to be among the latest members of Congress to be appointed to serve on the Helsinki Commission. The world has changed dramatically since the Helsinki Commission began, but the need to defend the principles of freedom, opportunity and human rights is greater than ever. Rising authoritarian powers are contesting the principles of democracy like never before--these powers are undermining a fair and free electoral process by interfering with elections across the democratic west and directly invading their neighbors. The most shocking part is that the United States’ own commitment to values is being challenged from within—from the very officeholder once considered the leader of the free world. The challenges that democracies face today signify the work that this Commission is doing is now more important than ever. Who better to respond to a president who rejects the pillars of traditional American foreign policy than a bipartisan commission composed of members of Congress? I am hopeful that my Republican colleagues on this Commission, who understand the importance of American leadership on the issues of human rights and democracy, will feel the same way. I am eager to get to work and face the challenges that this position presents. I look forward to having the opportunity to make a positive impact on the world, as well as ensuring that the priorities of the great state of Texas are represented on an international stage. It’s on those of us entrusted by the American people with representing them in Congress to make clear to the world that despite what they may hear from the White House, our country is still the same country that showed up, negotiated and implemented the Helsinki Accords—one that leads in defending freedom, opportunity and human rights across the world. Congressman Marc Veasey is a proud representative of Texas’ 33rd District in the U.S. House of Representatives.

  • Helsinki Commission Hearing to Probe Autocratic Abuse of Interpol

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: TOOLS OF TRANSNATIONAL REPRESSION How Autocrats Punish Dissent Overseas Thursday, September 12, 2019 10:00 a.m. – 12:00 p.m. Cannon House Office Building Room 210 Live Webcast: www.youtube.com/HelsinkiCommission As modern technology has allowed political dissidents and human rights defenders to operate from almost anywhere on the planet, repressive regimes have searched for opportunities to reach those who threaten their rule from afar.  To silence dissent from abroad, autocrats often turn to the International Criminal Police Organization, known as INTERPOL, to file bogus criminal claims seeking the arrest and extradition of their political targets. This abuse of INTERPOL Red Notices and Diffusions enables autocratic governments to harass and intimidate their opponents thousands of miles away, even within free and democratic societies. The U.S. Helsinki Commission will convene an expert panel to highlight how autocrats today use INTERPOL and other means such as surveillance, abduction, and assassination to punish dissent overseas. Witnesses will suggest how the United States and other democratic nations can defend against these threats to the rule of law domestically and internationally. The following witnesses are scheduled to participate: Alexander Cooley, Director, Columbia University's Harriman Institute for the Study of Russia, Eurasia and Eastern Europe; Claire Tow Professor of Political Science, Barnard College Sandra A. Grossman, Partner, Grossman Young & Hammond, Immigration Law, LLC Bruno Min, Senior Legal and Policy Advisor, Fair Trials Nate Schenkkan, Director for Special Research, Freedom House Additional witnesses may be added.

  • A Push to Let the U.S. Charge Foreign Officials With Bribery

    One of the hallmarks of the Foreign Corrupt Practices Act has been that it cannot be used against a foreign official who demands or takes a bribe for helping a company win a contract or retain business. A bill introduced in Congress this month seeks to change that. Called the Foreign Extortion Prevention Act, the legislation would expand the prohibition on bribery to foreign officials who demanded or solicited bribes. The Foreign Corrupt Practices Act’s prohibition on paying bribes abroad is limited to companies in the United States and those acting in this country. It has always excluded the foreign official who takes the bribe, and courts over the years have reaffirmed that. In United States v. Castle, a 1991 decision, the United States Court of Appeals for the Fifth Circuit found that two Canadian officials could not be prosecuted for a conspiracy to violate the F.C.P.A. because Congress exempted foreign officials. In United States v. Hoskins, a 2018 ruling, the federal appeals court in Manhattan held that a foreign national who was never in the United States could not be prosecuted under the foreign bribery law because “Congress did not intend for persons outside of the statute’s carefully delimited categories to be subject to conspiracy or complicity liability.” The bill, which has both Democrats and Republicans as sponsors, would put the prohibition on a foreign official’s accepting a bribe under the federal anti-bribery statute, 18 U.S.C. § 201, rather than the Foreign Corrupt Practices Act. The proposal would also make it a crime for a foreign official “otherwise than as provided by law for the proper discharge of official duty” to demand or accept anything of value for being influenced in the performance of official responsibilities. But putting the prohibition under the federal anti-bribery statute would subject it to the limitations the Supreme Court placed on the law in its 2016 ruling in McDonnell v. United States. That case overturned the conviction of a former governor of Virginia by rejecting a broad reading of what is an “official act.” The justices explained that it must involve “a formal exercise of governmental power that is similar in nature to a lawsuit, administrative determination or hearing.” They found that “merely setting up a meeting, hosting an event or contacting an official — without more — does not count as an ‘official act.’” Favoring a business by arranging meetings or contacting other foreign officials to help it win a contract may not rise to the level of an “official act,” especially if the foreign official who received the bribe did not have the direct authority to decide who should be awarded a contract. So the potential limitations on the federal bribery statute could be read into prosecutions of foreign officials for accepting bribes that violated the F.C.P.A. The F.C.P.A. also contains two defenses that were added in 1988. One is the “local law” defense, which allows a defendant to show that under the written laws and regulations of the place where the bribe occurred that it was not illegal. Another defense permits small “facilitation payments” to obtain routine government action in the country. In both situations, a foreign official could argue that these defenses should preclude liability for accepting a payment. A greater potential issue for the Justice Department if the legislation becomes law is whether a foreign official will be brought to the United States to face a criminal charge. If the person is still in office, a foreign government may be reluctant to send the person to America. But a criminal indictment would most likely limit where the foreign official could travel. The person would need to avoid countries that have an extradition treaty with the United States. The Department of Justice has not been without tools to punish foreign officials who engage in bribery. The money-laundering statute allows a foreign official receiving money through bribery, misappropriation or theft of public funds to be charged with a crime. Federal prosecutors could also use the Travel Act, which prohibits traveling into the United States to engage in bribery. Both statutes, though, require either travel to the United States or a financial transaction using the United States financial system. The new legislation would make it much easier to pursue a foreign official. The Justice Department would not have to show a connection to the United States beyond a payment by an American company. Whether it would result in an increase in prosecutions is a different question. Still, simply charging the official could have the effect of identifying who was responsible in a country for accepting illegal bribes. That should make it easier for American companies and their employees to demand fairness from foreign officials rather than being extorted for payments.

  • Representatives Jackson Lee, Curtis, Malinowski, and Hudson Introduce Foreign Extortion Prevention Act

    WASHINGTON—Rep. Sheila Jackson Lee (TX-18), Rep. John Curtis (UT-03), Rep. Tom Malinowski (NJ-07) and Rep. Richard Hudson (NC-08) today introduced the Foreign Extortion Prevention Act. The legislation, developed with the support of the U.S. Helsinki Commission, will criminalize extortion by foreign officials, enabling the Department of Justice to indict such officials for demanding bribes to fulfill, neglect, or violate their official duties. Currently, only paying or offering a bribe abroad is illegal under U.S. law. “Transnational kleptocrats pose a serious national security threat to the United States. They act as agents of U.S. adversaries, undermining the rule of law internationally and in their own countries, and accessing elite circles and levers of power in democracies through strategic graft and corruption. U.S. prosecutors have been able to indict such individuals under criminal statutes such as wire fraud, mail fraud, and the Travel Act; however, these laws were not designed to tackle the problem of transnational kleptocracy, and each contain deficiencies which make it less than ideal for prosecuting foreign extortion. We cannot leave our prosecutors without the legal tools they need to protect the rule of law,” said Rep. Jackson Lee. “U.S. businesses abroad are regularly targeted by foreign extortionists. Transnational kleptocrats hide under the veneer of officialdom and abuse their power to warp the regulatory environment, attempting to co-opt or eliminate legitimate job-creators and entrepreneurs who follow the rules. The Foreign Extortion Prevention Act would protect U.S. businesses from these individuals by punishing the demand side of bribery. Currently, a business being extorted for a bribe can only say ‘I can’t pay you a bribe because it is illegal and I might get arrested.’ This long-overdue bill would enable them to add, ‘and so will you,’” said Rep. Curtis. “Americans who pay bribes overseas can be prosecuted—with this bill, our prosecutors will be able to go after the foreign officials who demand those bribes. We’re giving the Justice Department a powerful new tool to fight the kleptocracy that impoverishes people and empowers dictators around the world,” said Rep. Malinowski. “Pursuing the extortionists is crucial to ending the entire system of international bribery. Even if a kleptocrat cannot be immediately extradited, a U.S. indictment serves as a play-by-play of the crime committed that can be used to support additional measures—such as sanctions—and can force transnational criminals to think twice before traveling abroad to spend their ill-gotten gains. Moreover, a U.S. indictment can help the forces of the rule of law in other countries to root out corruption by pressuring the domestic government in question to charge the individual,” said Rep. Hudson. The Foreign Extortion Prevention Act will bring U.S. laws in line with international best practices. The Organization for Economic Cooperation and Development (OECD), which maintains the OECD Anti-Bribery Convention—a key international mechanism for fighting foreign bribery—has recognized the importance of criminalizing transnational extortion in a recent report. In addition, countries including the United Kingdom, France, the Netherlands, and Switzerland have already criminalized foreign extortion. The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, endeavors to counter corruption and malign influence in all its forms. Current and former Helsinki Commissioners have sponsored and cosponsored other anti-corruption legislation such as the Countering Russian and Other Overseas Kleptocracy (CROOK) Act (H.R. 3843), the Kleptocrat Exposure Act (H.R. 3441), and the Rodchenkov Anti-Doping Act (H.R. 835/S.259).

  • First Person: The Role of Peace Corps in Promoting Democracy

    By Gabriel Cortez, Charles B. Rangel Fellow & Returned Peace Corps Volunteer, Ukraine 2016-2019 Getting a high five has never felt as satisfying as it did in rural Ukraine. Even after three years serving as a Peace Corps Volunteer I cannot help but smile every time I remember one of my students extending their hand out for a “dye pyat.” I grew up in a large Mexican-American family in small-town California. Removed from the centers of international politics, the only diplomacy I knew was my brothers and sisters deciding who could use the family TV and when. Even as a kid I knew I wanted to be a part of something greater, to explore not only the United States but the other countries around the world, the ones they talked about in the news. The Peace Corps gave me and thousands of others that opportunity. For 58 years, the Peace Corps has sent Americans young and old to live and work in communities worldwide. Over 235,000 volunteers have served in 141 countries, ranging from Mongolia and Albania to Morocco and China. Volunteers commit to 27 months of service in the country they serve, working in several sectors including education, health, agriculture, community development, and youth development. As of July 2019, there are around 7,000 Peace Corps volunteers serving in 62 countries. Montenegro, an OSCE participating State, is the newest addition to the Peace Corps family, with volunteers slated to launch the program in 2020. The promotion of democracy is one of the central tenets of the Organization on Security and Cooperation in Europe (OSCE) and the Helsinki Final Accords. To that end, the Helsinki Commission has monitored aspects of the transition to democracy throughout Europe, including challenges to the rule of law, free and fair elections, and the impact of corruption. Peace Corps volunteers work concurrently in this field to demonstrate the strength democracy brings and help promote civic engagement in their sites. Schoolchildren from my site participating in an English Language Summer Camp in Krasyliv, Ukraine. When President John F. Kennedy created the Peace Corps in 1961, the program was designed for large groups of Americans to live abroad and promote the American way of life, including the best aspects of democracy. That mission continues today in the OSCE region, with volunteers serving in Ukraine and eight other OSCE countries, including Armenia, Georgia, Kyrgyzstan, and Mongolia. My Peace Corps service began in September 2016 but was inspired years prior. In 2014, when the Maidan Revolution occurred, I watched it on TV with amazement, drawn by the images of Ukrainians from all walks of life marching on their capital to advocate for a better future. Already eager to work with the Peace Corps, I knew from that moment that Ukraine was the country I wanted to serve in as a volunteer. Peace Corps Ukraine, which began in 1992, is the largest Peace Corps program operating anywhere in the world. Nearly 300 volunteers have served in the education, youth development, and community development sectors, as well as the President’s Emergency Plan for Emergency AIDS Relief (PEPFAR) programs. When volunteers arrive, they dedicate the first three months to training, learning the Ukrainian and/or Russian languages, discovering local culture, and exploring Ukraine’s history. After training, volunteers move to their permanent sites where they live and work for two years, tasked with the three goals of the Peace Corps. The first goal of Peace Corps is “to help the people of interested countries in meeting their need for trained men and women.” For Ukraine, this translates to projects focusing on English education, combatting corruption, and working with youth to develop healthy lifestyles. Since gaining independence in 1991, Ukraine has made progress in reorienting itself to the West; a strong partnership with the U.S. has been crucial in this journey. Peace Corps volunteers contribute to this mission every day. Whether it is through teaching English at schools, organizing a summer camp on gender rights, or helping a local NGO secure a grant to fund health projects, Peace Corps volunteers have a tremendous impact on the communities they live in. Volunteers ultimately help promote entrepreneurship and civic engagement, critical facets of the Helsinki Accords. The second goal, and perhaps the most important in Peace Corps Ukraine, is “to help promote a better understanding of Americans on the part of the peoples served.” As a former Soviet country, Ukrainians were disconnected from the world for over 70 years, learning about the United States through the limited movies, newspapers, and clothes smuggled past the Iron Curtain. Today, Peace Corps volunteers act as a bridge between both countries, promoting a positive image of the U.S. and bringing back a better understanding of Ukrainian culture. In communities like the one I served in, a small town with no other Americans, a volunteer’s presence is truly felt. I led discussions on race and gender, hosted events highlighting different American groups, introduced my students to American holidays, and much more. Acting as a cultural ambassador is an honor for any Peace Corps volunteer, and a role the program is founded upon. The third and final goal of the Peace Corps is “to help promote a better understanding of other peoples on the part of Americans.” Volunteers return from service eager to share their experiences with their friends and families. This may include organizing a speech at a local school, attending a Ukrainian-American event, or even joining an organization that focuses on Ukrainian issues. This allows returned Peace Corps volunteers the chance to talk to Americans about their experience in the country: their successes, challenges, memories, and more. In turn, Americans learn about Ukraine and other countries they have never had experience with or knowledge of. Teacher training at the Window on America in Kharkiv, Ukraine The Peace Corps is a unique agency that continues to change lives all over the world and receive bipartisan support in Congress. On the 49th anniversary of the Peace Corps, Co-Chairman of the Helsinki Commission Senator Roger Wicker (MS) noted, “The Peace Corps invests time and talent in other countries, but it pays dividends back here in the United States as well.” Helsinki Commissioner Ranking Member Sen. Ben Cardin (MD) reaffirmed his support of the Peace Corps on its 55th anniversary, stating, “Peace Corps volunteers represent the best qualities of American foreign policy. They come from all walks of life and from across the country [and] are saving lives. I could not be more proud of these Americans.” The introduction of the bipartisan H.R.3456 - Peace Corps Reauthorization Act of 2019 demonstrates Congress’ commitment to the Peace Corps. Helsinki Commissioners Rep. Steve Cohen (TN-09), Sheila Jackson Lee (TX-18), and Gwen Moore (WI-4) are co-sponsors of the bill, which would increase support for current and returned Peace Corps volunteers. Peace Corps volunteers work every day to develop the foundational tenets outlined by the Helsinki Accords. From promoting tolerance and non-discrimination, to developing education programs, to confronting corruption, Peace Corps volunteers exhibit the strength of the partnerships between OSCE participating States and work to improve the lives of others. True progress is rooted in the sustainable and long-term projects of Peace Corps volunteers and their communities. In Ukraine, I saw firsthand the impact the Peace Corps can have in developing communities: a summer leadership camp for middle school students, a newly built community center with music and dance classes in a small village, and an accounting transparency workshop that reduced corruption in several city management offices. Substantive changes are happening every day in villages, towns, and cities across the country and throughout Peace Corps-partnered OSCE countries. Peace Corps volunteers exemplify the foundations of the Helsinki Accords, promote democracy abroad, and help bolster OSCE participating States and other nations like Ukraine build a bright, hopeful, and prosperous future, one high-five at a time.

  • Hastings and Wicker Condemn Police Crackdown on Russian Pro-Democracy Protesters and Opposition Leader Alexei Navalny

    WASHINGTON—Following violent police crackdowns on protesters during a weekend of pro-democratic demonstrations in Moscow, as well as the arrest of Russian opposition leader Alexei Navalny days before the protest and his subsequent hospitalization, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “We condemn the extraordinary use of force by riot police against peaceful protesters in Moscow seeking a free and fair electoral process. Ahead of the upcoming September 8 municipal elections, we hope that the citizens of Russia will be able to exercise their rights to participate freely in the democratic process, including voicing their opinion about the transparency of the system of voting and nomination of candidates. “We also are concerned about the health of opposition leader Alexei Navalny, who was arrested on Wednesday, July 24, and subsequently hospitalized following an unknown ‘allergic reaction.’ We will be monitoring the situation closely.” Last weekend, thousands of Russian people took to the streets of Moscow to protest the exclusion of several opposition candidates from the ballot for upcoming City Duma municipal elections on September 8. On July 24, Russian opposition leader Alexei Navalny was arrested, reportedly for his plans to lead the protests. On Sunday, July 28, Navalny’s spokeswoman Kira Yarmysh announced that Navalny suddenly had been hospitalized while in government custody.

  • FIRST PERSON: UKRAINIAN PARLIAMENTARY ELECTIONS

    By Alex Tiersky, Senior Policy Advisor, Global Security and Political-Military Affairs   “Why aren’t you doing your job?!” An unexpectedly tense early morning on July 21, 2019—Election Day in Ukraine: the polling station was more than 30 minutes late in opening. The shouted reprimand came from a voter, an older man who was one of several Kyiv residents who had been present and seeking to vote at this school in the center of the Ukrainian capital since well before 8:00 a.m., when the polls for the national parliamentary elections were supposed to open. His indignation was directed at the beleaguered leadership of the local polling station, who struggled to organize their work and follow the extensive procedures required to meet Ukrainian law and international best practices. *** As an official election observer representing the OSCE Parliamentary Assembly, I was at the polling station to observe the extent to which those best practices were followed. With my capable interpreter Natalya beside me, and in partnership with my experienced observation team partner Latvian MP Aleksandrs Kiršteins, I had arrived days earlier on the invitation of the Ukrainian government for a series of preparatory briefings. On Election Day, we would follow a prescribed plan of observation as part of a larger team of more than 800 international observers spread across Ukraine (with the exception of illegally occupied Crimea, and the Donbas region under the occupation of Russian-controlled forces, where holding a free and fair election would be impossible). *** The disorganized polling station was the first stop of the day for our team. While this was my first time serving as an election observer, I didn’t need the extensive and detailed procedural checklist and questionnaire provided by the OSCE to know that something was seriously amiss. My Latvian colleague confirmed, based on his extensive observation experience, that the situation was extremely unusual. The key problem seemed to be that the leadership of the team responsible for proper running of the polling station (the chair and the secretary, among others), recently had been replaced and the newcomers had little experience with their assigned duties. It was clear that they had done precious little preparation to be able to effectively direct the work of their team on Election Day. We had been warned during the extensive pre-election briefings provided by the OSCE that many local election officials across Ukraine had been replaced. The experts were concerned that this loss of institutional memory had the potential to hamper the operations of local electoral bodies—a warning that, in our case, proved prescient. At 8:45 a.m., a full 45 minutes after its scheduled opening time and to the relief of several increasingly agitated voters and local observers, the polling station finally began to process votes. Judging that tensions at the school building had de-escalated and the situation had achieved some normalcy, we dutifully finalized our observation—promptly reporting our findings to the OSCE election experts compiling statistics from other teams deployed across the country—and moved on to observe voting procedures at several other polling stations. Before leaving, given the challenges at the polling station, we resolved to return in the evening to observe closing procedures and the counting of the vote. *** We spent much of the rest of the day visiting several polling stations in the west of Kyiv. Contrary to our first observation, all the other polling stations we visited were extremely well-organized, with experienced and well-functioning teams of officials ensuring an orderly and transparent voting process. The civic pride demonstrated by the election officials and voters in properly exercising their democratic choice was evident in each location we visited. We witnessed voters of all ages casting their ballots in serene conditions, which we learned from other observation teams was largely the norm across Ukraine that day. *** As the afternoon turned to evening, it was time to return to our initial polling station to assess closing procedures and the start of the counting of ballots. With the station closing as planned at 8 p.m. on the dot, we were quietly hopeful that the morning’s problems had been resolved. Our optimism quickly proved misguided. The election officials were even more poorly directed by their leadership than they had been in the early hours of the day. After two hours of inconclusive progress toward beginning a count of actual ballots, the procedures ground to a halt in a cloud of remonstrations among several hard-working poll workers and local observers on one hand, and the polling station’s leadership on the other. In what I understood to be an extremely unusual development, the majority of the poll workers essentially sidelined their grievously underperforming leadership on the spot in order to better organize themselves. At this point, we needed to return to our home base to report on our observation, leaving behind several other international and local observers to witness what surely would be a long and challenging night of tabulation of ballots. *** As we returned to the hotel, I reflected on the day’s remarkable events. It struck me how counterintuitive some might find it that we had been allowed to witness the poor performance by the leadership of this particular polling station. After all, who wants to air their dirty laundry in front of international observers taking careful note of every discrepancy? It was then, for the first time, that I truly understood the key purpose of our election observation mission. OSCE participating States like Ukraine make the choice to invite international observation missions to their elections precisely because only in providing full transparency can a fair judgment on the electoral process be made. In other words, our observation and reporting of the procedural imperfections we witnessed only underlined the relatively excellent performance witnessed by observation teams in the vast majority of other polling stations across Ukraine. Only through the full transparency provided by impartial external observers using a standardized methodology can the people of Ukraine be sure that their electoral process, to the maximum extent possible, allows for the full and fair expression of their democratic choice. I feel honored to have been able to play even a very small part in this extremely consequential democratic process, and to help an OSCE participating State hold itself accountable to its commitment to the rule of law. I am already looking forward to the next opportunity to serve as an election observer.

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