Title

Cardin Human Rights and Anti-Corruption Legislation Approved by Senate Foreign Relations Committee

Wednesday, June 23, 2021

WASHINGTON – U.S. Senator Ben Cardin (D-Md.) lauded approval today by the Senate Foreign Relations Committee of two bills he authored to strengthen U.S. human rights and anti-corruption efforts. Both pieces of legislation, the Global Magnitsky Human Rights Accountability Reauthorization Act (S. 93), cosponsored by Senator Roger Wicker (R-Miss.), and the Combating Global Corruption Act (S. 14), cosponsored by Senator Todd Young (R-Ind.), bolster the tools available to hold corrupt officials accountable for their actions and abuses.

“The Global Magnitsky Human Rights Accountability Act has changed the way America protects human rights and responds to blatant corruption,” said Senator Cardin. “I thank Senator Wicker and fellow committee members for working with me to strengthen the law as a message to abusers and kleptocrats who think they can act with impunity. We will seek justice for victims especially when home countries fail to act.” Senator Cardin serves as Chairman of the U.S. Helsinki Commission. Senator Wicker serves as co-Chair.

The Global Magnitsky Human Rights Accountability Reauthorization Act (S. 93) would harmonize the original Act (Title XII, Subtitle F of P.L. 114-328; 22 U.S.C. §2656 note) with Executive Order 13818 by:

  • Removing the sunset provisions of the 2016 Global Magnitsky Human Rights Accountability Act to make the sanctions program permanent
  • Removing the victim status requirement to ensure no victim is excluded;
  • Simplifying the standard for corruption offenses;
  • Supplementing the activity-based targeting standard with a status-based standard; and
  • Allowing for the sanctioning of immediate family members.
  • S. 93 calls for a report on the steps taken through diplomacy and assistance to foreign or security sectors to address persistent underlying causes of serious human rights abuses, violations of internationally recognized human rights, and corruption in each country in which foreign persons have been subject to sanctions.

The Combating Global Corruption Act (S. 14) would require the State Department to identify corruption in countries and rank them in a public, tiered system with respect to levels of corruption in their governments, similar to the Department’s annual Trafficking in Persons Report. The bill would also establish minimum standards for combating corruption; evaluate foreign persons engaged in grand corruption in the lowest-tiered countries for consideration under the Global Magnitsky Human Rights Accountability Act; and designate an anti-corruption point of contact at U.S. diplomatic posts in the lowest-tiered countries.

“Earlier this month, when President Biden officially designated the fight against corruption as a ‘core U.S. national security interest,’ he took an important step toward enhancing American anti-corruption abilities. The Combating Global Corruption Act is a bipartisan effort to raise the profile of such efforts through a proven system of public accountability,” said Senator Cardin. “Around the world, corruption endangers national and international security by fostering the conditions for violent extremism, hampering the ability of the United States to combat terrorism, entrenching high poverty, and by weakening institutions associated with governance and accountability. Corruption is a fundamental obstacle to peace, prosperity, and human rights. I thank Senator Young and my colleagues for moving forward this important legislation to combat such illicit activity.”

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
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202.225.1901
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This bill would focus governmental efforts, particularly by the State Department, the U.S. Agency for International Development, and the Department of Defense, to develop trafficking prevention strategies for post-conflict and humanitarian emergency situations--strategies which do not currently exist in sufficient form.  The bill would also take further steps to ensure that U.S. Government personnel and contractors are held accountable for involvement with acts of trafficking in persons while abroad on behalf of the U.S. Government. Although few would dispute that the involvement of U.S. personnel, including members of the U.S. Armed Forces, with trafficking in persons in any form is inconsistent with U.S. laws and policies and undermines the credibility and mission of U.S. Government programs in foreign countries, there remain loopholes in U.S. laws which allow such acts to go unpunished. This bill closes those loopholes by expanding U.S. criminal jurisdiction for serious offenses to all U.S. Government contractors abroad--jurisdiction which already exists with respect to contractors supporting Department of Defense missions abroad--and by making federal criminal laws against sex and labor trafficking applicable to members of the Armed Forces. The bill would also direct the Secretary of Defense to designate a director of anti-trafficking policies to guide DOD's efforts to faithfully implement policies against trafficking.  The bill would take on the outrageous situation of peacekeepers, humanitarian aid workers, and international organizations' personnel, being complicit in trafficking and sexual exploitation. On March 2nd, I chaired a hearing in this Subcommittee that examined the evidence of gross sexual misconduct and exploitation of refugees and vulnerable people by U.N. peacekeepers and civilian personnel assigned to the U.N. peacekeeping mission in the Democratic Republic of Congo. Human rights groups and the U.N.'s own internal investigations have U.N. covered over 150 allegations against Mission personnel involving sexual contact with Congolese women and girls, usually in exchange for food or small sums of money, as well as allegations of rape, forced prostitution, and demands of sex for jobs. However, to date, there has not been one successful prosecution of U.N. civilian or military personnel, either in the Congo or elsewhere.  The scandal with the U.N. Mission in the Congo is but the latest in a long list of allegations against international peacekeeping personnel involving sex trafficking and other forms of sexual exploitation that extends back at least a decade. The involvement of peacekeepers in trafficking or sexual exploitation is not just a private matter involving only personal moral choices. Hundreds of vulnerable women and children are being re-victimized; the reputation of the United Nations is being badly damaged; and lack of internal discipline is compromising security and effectiveness of the peacekeeping operations.  To his credit, U.N. Secretary General Kofi Annan has promulgated a ``zero tolerance'' policy on sexual exploitation by peacekeepers. In June 2004, NATO also adopted an anti-trafficking policy. But words alone do not protect women and children from abuse. H.R. 972 would require that the Secretary of State certify prior to endorsing an international peacekeeping mission that the international organization has taken measures to prevent and, as necessary, hold accountable peacekeepers in the mission who are involved with trafficking or sexual exploitation. The bill would also require that the annual Trafficking in Persons Report include information on steps taken by international organizations to eliminate involvement of the organizations' personnel in trafficking.  The bill also continues to improve upon the provision of assistance to foreign victims in the United States by improving trafficking victims' access to information about federally funded victim services programs and facilitating access to counsel for victims. The bill would also establish a guardian ad litem program for child trafficking victims of trafficking.  H.R. 972 also recognizes that trafficking in persons occurs within the borders of single countries, including the United States. According to the State Department, if the number of people trafficked internally within countries is added to the estimate, the total number of trafficking victims annually would be in the range of 2,000,000 to 4,000,000. Although outside the jurisdiction of this subcommittee, I would just mention that the bill addresses the trafficking of American citizens and nationals within the United States--which the bill defines as ``domestic trafficking.'' Although there are no precise statistics on the numbers of United States citizens or nationals who have been victimized through trafficking, researchers at the University of Pennsylvania have estimated that 100,000 to 300,000 children in the United States are at risk for commercial sexual exploitation, including trafficking, at any given time.  Despite the willingness of most governments today to address international trafficking, few have recognized the existence of internal trafficking within their own borders. By addressing internal trafficking in a bill that also addresses international trafficking, the United States will again lead by example in showing that internal trafficking victims must not be dismissed by the law enforcement community as prostitutes or juvenile delinquents. This bill would begin to shift the paradigm--much as we have done so successfully in the international arena--to view these exploited souls for what they really are--victims of crime and sexually exploited children.

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In raising Jackson-Vanik graduation, market economy status, and the WTO, Minister Tarasyuk cited strong readiness and willingness on the part of the Ukrainian Government to remove obstacles on their part, including a promise to submit in the Rada shortly a draft law on intellectual property rights. Minister Tarasyuk and the Commissioners also discussed the vital importance of ongoing OSCE election observation, Ukrainian-Russian relations, and Ukraine’s strengthened role in resolving the long-festering Moldova-Trandniestria conflict.

  • Helsinki Commission Leaders Visit Ukraine

    By Orest Deychakiwsky Staff Advisor United States Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Commission Member Rep. Benjamin L. Cardin (D-MD) met with Ukrainian officials, non-governmental organizations, and religious leaders in Kyiv, Ukraine on February 26-27, 2005. The delegation also laid wreaths at the Memorial to the Victims of the 1932-33 Terror-Famine and at the Babyn (Babi) Yar memorial. The Commissioners had substantive and far-reaching meetings with Ukraine’s State Secretary Oleksandr Zinchenko, Foreign Minister Boris Tarasyuk, Justice Minister Roman Zvarych, Minister of Transportation and Communications Yevhen Chervonenko, and Chairman of the parliament’s Committee on Organized Crime and Corruption Volodymyr Stretovych. The meetings covered many topics, including the lifting of the Jackson-Vanik amendment and granting normal trade relations (NTR) status as well as facilitating Ukraine’s entry into the World Trade Organization (WTO). 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Securing human rights and liberties would include such measures as getting the police to pay attention to procedural norms and urging parliament to adopt necessary civil and administrative procedural code changes. With respect to combating corruption, Zvarych hopes to soon unveil a comprehensive “Clean Hands” program, including a code of ethics. Cleaning up the court system is another priority, and the Justice Ministry has plans to take a variety of steps against judges engaged in corrupt practices. The delegation and Zvarych discussed the issues of human trafficking, torture of detainees, the Gongadze case, restitution of religious property and national minority issues. Chairman Volodymyr Stretovych and representatives of the International Organization for Migration (IOM) gave a comprehensive briefing on the problem of human trafficking in Ukraine, what steps are being taken by the government and NGOs to combat this scourge and plans on further addressing this important issue. A key concern was improving law enforcement cooperation between Ukraine (as a country of origin for victims of trafficking) and countries of destination. U.S. Embassy Deputy Chief of Mission Sheila Gwaltney hosted a meeting with U.S. Embassy, U.S. Agency for International Development, and FBI officials during which U.S. efforts to assist the new Ukrainian Government in promoting the rule of law and combating human trafficking were discussed. The delegation also visited an IOM-sponsored medical rehabilitation center for trafficking victims. Human trafficking, as well as religious rights issues, were also discussed in a meeting with Papal Nuncio Archbishop Ivan Jurkovich. Ambassador John Herbst organized and hosted a discussion with NGO representatives from Freedom House, Institute for Mass Information, the Chernihiv-based organization Dobrochyn and the Ukrainian Helsinki Human Rights Union. Mykhaylo Horyn, former Soviet political prisoner and head of the pro-independence movement Rukh in the early 1990s, also participated in the meeting. The delegation met with Jewish representatives, including the new Minister of Transportation and Communications Yevhen Chervonenko who is also Vice-President of the Eurasian Jewish Congress. They discussed matters pertaining to Ukraine’s Jewish community, assessing them positively. Foreign Minister Tarasyuk expressed gratitude to the Helsinki Commission for its active work in support of democracy in Ukraine and stated that the clear position of Congress and the U.S. Government, including support for a strong contingent of international election observers during the recent elections, effectively helped Ukrainian democracy. In raising Jackson-Vanik graduation, market economy status, and the WTO, Minister Tarasyuk cited strong readiness and willingness on the part of the Ukrainian Government to remove obstacles on their part, including a promise to submit in the Rada shortly a draft law on intellectual property rights. Minister Tarasyuk and the Commissioners also discussed the vital importance of ongoing OSCE election observation, Ukrainian-Russian relations, and Ukraine’s strengthened role in resolving the long-festering Moldova-Trandniestria conflict. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Gender Equality: The Problem of Prostitution and Human Trafficking

    Madame Chairperson, I would like to thank the OSCE's Special Representative on the Gender Issue, Ms. Tingsgård, for proposing this topic for discussion in our Committee meeting today. I welcome the opportunity to discuss human trafficking issues in the context of ensuring equality between women and men as well as, specifically, the nexus between prostitution and human trafficking.  The United States Government currently estimates that 600,000 to 800,000 people become victims of international human trafficking each year, and potentially millions more are trafficked within countries. Eighty percent of victims are female; nearly 70% of all victims are trafficked for the purpose of commercial sexual exploitation. These statistics clearly indicate that there is a correlation between trafficking and the status of women, on the one hand, and between trafficking and prostitution, on the other. I will address first the interrelationship between trafficking and prostitution. While prostitution and human trafficking are not identical forms of exploitation, they are nevertheless related. Prostitution fuels the market for human trafficking. Aggressive efforts to reduce the demand for prostitution, therefore, are one means of fighting the underlying demand that fuels trafficking. I would like to highlight several demand reduction measures that we, as parliamentarians, can support through legislation or oversight of government activities. First, anti-prostitution laws and child sexual exploitation laws should be vigorously enforced against the purchasers of sexual services. As the Swedish Government has found, trafficking in human beings could not flourish but for the existence of local prostitution markets where men are willing and able to buy and sell women and children for sexual exploitation. Since 1999, Sweden has aggressively prosecuted men who purchase commercial sex acts. According to the Swedish Government, since the Act Prohibiting the Purchase of Sexual Services came into force there has been a dramatic drop in the number of women in street prostitution, in the number of men who buy sexual services, and in the recruitment of women into prostitution. Moreover, traffickers have been deterred from operating in Sweden--traffickers have had problems finding men to buy sex from the trafficked women and, as a result, their profits have been smaller than they expected. The traffickers seemingly have moved on to more lucrative markets. A second demand reduction measure is to prevent sex tourism. It is a sad fact that some men purchase sex acts when they travel for business purposes. Others purposefully go abroad to purchase sex acts under the assumption that they will less likely be caught and arrested. In an effort to curb such "sex tourism," which often involves the sexual abuse of children, thirty-two countries now have laws allowing for the prosecution of their citizens for crimes committed abroad. Since April 2003, U.S. law has allowed for the prosecution, in United States courts, of Americans who travel abroad and sexually abuse children. The penalty is up to thirty years in prison. Since the law's enactment, ten men have been arrested for engaging or attempting to engage in child sex tourism. Another demand reduction measure is to support education programs for men who are arrested for soliciting commercial sex acts. Such programs, known as John Schools, are being run successfully in the United States and Canada. This approach is complementary to enforcement of anti-solicitation laws against purchasers because it moves the men into programs designed for intervention and rehabilitation. The programs educate men, often in very graphic terms, about the harm their behavior causes to women, children, families, and communities. The first time a man is arrested for soliciting, he is offered the opportunity to attend such a program in lieu of being criminally charged. Men who attend the program pay an administrative fee that is funneled by the government back into programs to help women get out of prostitution. The John School run in San Francisco reports a recidivism (re-arrest) rate of less than one percent for the men who attend the school. One approach that does not work to reduce human trafficking is legalizing or regulating the prostitution industry. Legalization enables traffickers and creates multiple venues for exploitation. In recent years, several European countries have legalized brothels in the name of fighting human trafficking. There have been, and currently are, legislative proposals in other OSCE countries to do the same. I urge you to consider the evidence very carefully before making such a choice. Legalization of prostitution expands the market for commercial sex, thereby opening markets for criminal enterprises and creating a legal façade behind which criminals who traffic people for prostitution can easily hide. Despite the existence of legal regulations on prostitution, organized crime groups will not register with the government, will not pay taxes, and will not protect the women and children they buy, sell and exploit. Legalization of the sex industry simply makes it easier for the criminal elements to blend in and makes it more difficult for law enforcement authorities to identify and punish the traffickers. In the United States, federal prosecutors have told us that traffickers already hide their trafficking activities under cover of the legal strip club industry in the United States and that the situation would only be worse if the prostitution industry were legalized. Another reason to oppose legalized prostitution is that such an approach fails to address the core problem with prostitution: the abuse, violence, and degradation of those caught in its web. Few activities are as damaging to a person's physical, mental and spiritual health as prostitution. Research conducted in nine countries, including Canada, Germany, Turkey and the United States indicates that 89% of women in prostitution want to leave prostitution. Another study in Indonesia, Malaysia, the Philippines, and Thailand found that 96% of the women want to leave. The nine country study also concluded that 60-75% of women in prostitution suffered rape, 70-95% suffered physical assaults, and 68% suffered from post-traumatic stress disorder. A study in Minnesota found that 46% of the women in prostitution had attempted suicide; another found that 65% of prostituted women had attempted suicide, and 38% had done so more than once. In addition, individuals in prostitution are at tremendous risk of contracting sexually transmitted and other serious communicable and often life-threatening diseases. No amount of state licensing requirements, regulated medical check-ups, or condom use will ever eliminate these threats to women and children being exploited in prostitution. But I would argue that the primary reason to be opposed to legalized prostitution is that women and girls deserve better. As I stated in the beginning, eighty percent of trafficking victims are female--adults and children. These statistics highlight that there is a dimension to the problem of human trafficking that has nothing to do with organized crime or even prostitution. The status of women and girls is central to this entire battle against trafficking. Women who are tricked, defrauded, or coerced into prostitution via trafficking certainly do not deserve to be abandoned in a legalized sex industry. But equally so, women who on their own became engaged in prostitution, whether they are trafficked as a part of that experience or not, more often than not made this choice out of economic desperation and often as a result of having been earlier victimized through physical and sexual abuse in their homes. Women deserve real responses to these problems. A State that responds to such women by saying that they can work legally in the sex industry has provided a response that leads only to further exploitation and abuse. Legalization is abandonment of the vulnerable. As we continue our efforts to combat human trafficking, I urge a greater focus on the human rights violations that make women economically vulnerable, more likely to engage in prostitution, more likely to consider migration, and thus more likely to be preyed upon by traffickers. Specifically, I am referring to physical and sexual violence against women and children which is all too often ignored by legal systems and downplayed by law enforcement authorities. I am also referring to unchallenged discrimination in educational systems and the economic marketplace that contributes to women's missed opportunities and economic distress. These and other violations of the human rights of women can result in more women being victimized through trafficking. The solutions lie in reforms like equal access to the classroom, micro-credit loans, equal pay for equal work, enforceable laws against sex, race and age discrimination, and more robust governmental responses to violence against women. These solutions can begin with actions at the legislative level and are badly needed in many OSCE states. Thank you, Madame Chairperson, for allowing us this time to discuss these important issues.

  • Introduction of the Trafficking Victims Protection Reauthorization Act of 2005

    Mr. Speaker, today I am introducing the Trafficking Victims Protection Reauthorization Act of 2005, which is intended to improve the United States' efforts in combating the scourge of human trafficking. I am pleased to be joined as original cosponsors by Representative LANTOS, Ranking Member of the International Relations Committee, Representative Payne, Ranking Member of the International Relations Subcommittee on Global Human Rights, International Operations and Africa, Majority Whip Representative Blunt, Commerce, Justice, State Appropriations Committee Chairman Representative Wolf, Helsinki Commission Ranking Member Representative Cardin, Representative Ros-Lehtinen, Chair of the International Relations Subcommittee on Middle East and Central Asia, and Representatives Pence, Pitts, and Faleomavaega.  Mr. Speaker, the U.S. Government now estimates that 600,000 to 800,000 women, children and men are bought and sold across international borders each year and exploited through forced labor or commercial sex exploitation. An estimated 80 percent of the victims of this barbaric trade are women and girls.  Congress and President Bush have demonstrated unprecedented international leadership in combating human trafficking through enactment of the Trafficking Victims Protection Act of 2000 (TVPA) and the Trafficking Victims Protection Reauthorization Act of 2003. Since taking office, the Bush Administration has devoted more than $295 million to combat trafficking worldwide.  Under the framework of the TVPA, the United States Government's efforts to combat trafficking in persons have focused primarily on international trafficking in persons, including the trafficking of an estimated 14,500 to 17,500 foreign citizens into the United States each year.  Across the globe, governments are taking action to prevent trafficking, to prosecute the exploiters and to give hope and restoration to those victimized by trafficking. Between 2003 and 2004, twenty-four countries enacted new laws to combat trade in human lives. Dozens more are in the process of drafting or passing such laws. Moreover, nearly 8,000 traffickers were prosecuted worldwide and 2,800 were convicted. This bill would support the ongoing efforts that have made these gains possible by reauthorizing appropriations for anti-trafficking programs here and abroad.  The bill also offers solutions to a number of specific scenarios in which trafficking is a problem, but which would benefit from additional initiatives. For example, drawing lessons from the aftermath of war in the Balkans a decade ago, and the devastating tsunami in South Asia a mere few months ago, foreign policy and humanitarian aid professionals increasingly recognize the heightened vulnerability of indigenous populations in crisis situations to many forms of violence, including trafficking for sexual and labor exploitation. Traffickers also recognize this vulnerability. This bill would focus governmental efforts, particularly by the State Department, the U.S. Agency for International Development, and the Department of Defense, to develop trafficking prevention strategies for post-conflict and humanitarian emergency situations, strategies which do not currently exist in sufficient form.  The bill would also take further steps to ensure that U.S. Government personnel and contractors are held accountable for involvement with acts of trafficking in persons while abroad on behalf of the U.S. Government. Although few would dispute that the involvement of U.S. personnel, including members of the U.S. Armed Forces, with trafficking in persons in any form is inconsistent with U.S. laws and policies and undermines the credibility and mission of U.S. Government programs in foreign countries, there remain loopholes in U.S. laws which allow such acts to go unpunished. This bill closes those loopholes by expanding U.S. criminal jurisdiction for serious offenses to all U.S. Government contractors abroad--jurisdiction which already exists with respect to contractors supporting Department of Defense missions abroad--and by making federal criminal laws against sex and labor trafficking applicable to members of the Armed Forces and others subject to the Uniform Code of Military Justice. The bill would also direct the Secretary of Defense to designate a director of anti-trafficking policies who would guide DOD's efforts to faithfully implement applicable policies against trafficking.  The bill would also take on the outrageous situation of military and civilian peacekeepers, humanitarian aid workers, and international organizations' personnel, from complicity in trafficking and sexual exploitation in connection with international peacekeeping operations. To cite but the most recent examples of this, in December, United Nations Secretary General Kofi Annan admitted that U.N. peacekeepers and staff have sexually abused or exploited war refugees in the Democratic Republic of Congo. Among the 150 or so allegations of misconduct are instances of sexually abusing children, rape, and prostitution. On January 28, a senior official with the U.N. High Commissioner for Refugees was arrested for sexual abuse of minors and trafficking in Kosovo. The long list of allegations against international peacekeeping personnel involving sex trafficking and other forms of sexual exploitation extends back at least a decade and yet the United Nations and most other international organizations have failed to take sufficient action to end this abuse.  To his credit, Kofi Annan has promulgated a “zero tolerance” policy on sexual exploitation by peacekeepers. But words alone do not protect women and children from abuse. Earlier this week, President Bush asked Congress for $780,000,000 to pay for contributions to international peacekeeping activities this fiscal year. He has requested more than $1 billion for next year. Prior to writing this check, the bill I am introducing would require that the Secretary of State no longer accept words alone as evidence that the United Nations, NATO, and other multilateral organizations are taking seriously the responsibility to address trafficking and exploitation by peacekeepers. The bill would require that the Secretary of State certify, prior to endorsing an international peacekeeping mission, that measures have been taken to prevent and, as necessary, hold accountable peacekeepers in the mission who are involved with trafficking or illegal sexual exploitation.  In addition to a host of other measures to address trafficking overseas and to aid foreign victims in the United States, the bill also recognizes that trafficking in persons occurs within the borders of single countries, including the United States. According to the State Department, if the number of people trafficked internally within countries is added to the estimate, the total number of trafficking victims annually would be in the range of 2,000,000 to 4,000,000.  This bill would address the trafficking of American citizens and nationals within the borders of the United States--which the bill defines as “domestic trafficking.” There are no precise statistics on the numbers of United States citizens or nationals who have been victimized through trafficking, but there is great reason for concern. It is well documented, for example, that runaway and homeless children are highly susceptible to trafficking for commercial sexual exploitation. Every day in our country, between 1,300,000 and 2,800,000 runaway and homeless youth live on the streets. Researchers at the University of Pennsylvania have estimated that 100,000 to 300,000 children in the United States are at risk for commercial sexual exploitation in the United States, including trafficking, at any given time.  To date, U.S. victims of trafficking for sexual exploitation have been dismissed by the law enforcement community, particularly at the State and local levels, as prostitutes. Child victims are dealt with as juvenile delinquents. This bill would begin to shift the paradigm--much as we have done so successfully in the international arena--to view these exploited souls for what they really are--victims of crime and sexually exploited children.  The bill I am introducing would begin the process of developing a comprehensive strategy to prevent the victimization of U.S. citizens and nationals through domestic trafficking. It would require the Department of Health and Human Services (HHS) to undertake a study and then a program to reduce the demand for commercial sex acts in the United States, which in turn fuels trafficking for the purpose of commercial sexual exploitation. The bill would also authorize HHS to make grants to expand services to victims of domestic trafficking, with a priority for NGOs with experience in caring for victims of commercial sexual exploitation.  NGOs who work with trafficked children in the United States have indicated time and again that a lack of housing options for such children is a debilitating impediment to providing effective rehabilitative and restorative help. In response, this bill would require HHS to carry out a pilot program for residential treatment facilities for minor victims of domestic trafficking and authorizes the appropriation of $10,000,000 over 2 years for this purpose.  The bill would ensure that communities in the United States are fully informed about the presence of sex offenders in those communities. The bill would require that state sex offender registries include convictions in foreign court of a sexually violent offense, or a criminal offense against a child victim. The bill would also enhance State and local efforts to combat trafficking through a grants program to encourage the investigation and prosecution of domestic trafficking cases and the development of collaboration between law enforcement agencies and nongovernmental organizations.  The Trafficking Victims Protection Reauthorization Act of 2005 would address these and many other areas of concern, would authorize funding to continue our government's efforts against trafficking, and would build upon the experience of implementing the TVPA to refine U.S. laws and practices to better fulfill the intent of that law.  Mr. Speaker, the Trafficking Victims Protection Act of 2000 and its reauthorization in 2003 enjoyed bi-partisan support in both Houses of Congress. I strongly urge my colleagues to support this bill and enhance the good work underway to combat international trafficking in persons and to ensure that our government's response to all who are victimized by trafficking, whether foreign citizens or United States citizens, is one of deep compassion.

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

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

  • Helsinki Commission, House Armed Services Committee Examine Trafficking in Persons

    On September 21, 2004, the Commission on Security and Cooperation in Europe (Helsinki Commission) and the House Armed Services Committee (HASC) held a joint Issue Forum entitled “Enforcing U.S. Policies Against Trafficking in Persons: How is the U.S. Military Doing?” The Issue Forum examined the Department of Defense’s (DoD) implementation of a zero-tolerance policy toward human trafficking, the role of uniformed Service members and contractors in facilitating trafficking, as well as leadership and readiness issues. The Forum was co-chaired by Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Armed Services Committee Chairman Rep. Duncan Hunter (R-CA). Helsinki Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) and Commissioners Senator Hillary Rodham Clinton (D-NY) and Rep. Mike McIntyre (D-NC) attended the forum, as well as several members of the Armed Services Committee. Briefing on behalf of the Administration were Charles S. Abell, Principal Deputy Under Secretary of Defense for Personnel and Readiness; General Leon J. LaPorte, Commander of United States Forces Korea; Joseph E. Schmitz, Inspector General for the Department of Defense; and Ambassador John R. Miller, Director of the Office to Monitor and Combat Trafficking in Persons at the U.S. Department of State. A panel of non-governmental witnesses consisted of Dr. Sarah Mendelson, a Senior Fellow in the Russia and Eurasia Program at the Center for Strategic and International Studies; and Martina E. Vandenberg, an attorney with Jenner and Block and a former researcher for Human Rights Watch. Congressional attention to the military’s role in addressing trafficking ignited in March 2002 when Cleveland, Ohio Fox News affiliate WJW-TV aired a report showing U.S. troops in South Korea patronizing bars and other establishments where women from the Philippines and former Soviet states were forced to prostitute themselves. Members of Congress called for the Pentagon to investigate the veracity of the allegations as well as the appropriateness of the U.S. military's policies and response to prostitution and human trafficking worldwide. DoD Inspector General Joseph E. Schmitz subsequently conducted inspections in South Korea, Bosnia and Herzegovina, and Kosovo and issued two reports, in July 2003 and December 2003, respectively, which identified institutional weaknesses in the U.S. military’s understanding and response to the crime of human trafficking and made concrete recommendations for action. In his opening remarks, Chairman Smith noted that while the coexistence of prostitution alongside large populations of military forces is neither a new problem, nor a uniquely American problem, in recent years numerous sources have documented that in certain locations, such as South Korea and Southeastern Europe, women and girls are being forced into prostitution for a clientele consisting largely of military service members, government contractors, and international peacekeepers. According to Smith, “the need for a strategy to prevent the emergence of prostitution and human trafficking in post-conflict areas is made abundantly clear by the experiences in Bosnia-Herzegovina and Kosovo, [where] prostitution and human trafficking were allowed to develop and thrive due to the arrival of large numbers of multi-national personnel involved in post-conflict reconstruction and peacekeeping.” In both places, peacekeepers involved with trafficking have faced mere repatriation as a sanction for their unlawful actions. “We need to close the legal loopholes that allow this to happen,” said Smith. The Department of Defense’s obligation to address human trafficking originated with the issuance of a National Security Presidential Directive (NSPD-22) by President George W. Bush in December 2002. NSPD-22 established a zero-tolerance policy on involvement in trafficking activities by U.S. Government employees and contractor personnel representing the United States abroad. In January 2004, Deputy Secretary of Defense Paul Wolfowitz issued an internal memorandum which stated, in pertinent part: [I]t is the policy of the Department of Defense that trafficking in persons will not be facilitated in any way by the activities of our Service members, civilian employees, indirect hires, or DoD contract personnel. Following the policy set by the Commander-in-Chief, DoD opposes prostitution and any related activities that may contribute to the phenomenon of trafficking in persons as inherently harmful and dehumanizing. The policy statement outlined objectives of DoD efforts to combat trafficking in persons, including (1) educating Service members and DoD civilians serving overseas about human trafficking; (2) increasing efforts by command and military police authorities worldwide to pursue indicators of trafficking in persons in commercial establishments patronized by DoD personnel; (3) incorporating clauses in overseas service contracts that prohibit contractor employees from supporting or promoting trafficking in persons; and (4) developing a method for evaluating DoD’s efforts to combat trafficking in persons. On September 16, 2004, Secretary of Defense Donald Rumsfeld issued additional guidance to military leaders indicating that he expects the problem of trafficking—both sex and labor trafficking—to be addressed. Rumsfeld’s memorandum placed greater emphasis on the problem of labor trafficking than had the earlier memorandum from Deputy Secretary Wolfowitz. In particular, Rumsfeld indicated that “Commanders need to be vigilant to the terms and conditions of employment for individuals employed by DoD contractors. . . . Trafficking includes involuntary servitude and bondage. These trafficking practices will not be tolerated in DoD contractor organizations or their subcontractors in supporting DoD operations.” Ambassador John R. Miller, Director of the State Department’s Office to Monitor and Combat Trafficking in Persons, opened the testimony at the Issue Forum by describing trafficking, inter alia, as a national security challenge which “relates to the task facing our military because they are trying to create secure, stable situations in several countries.” Miller explained that the demand for sex trafficking “is created by the so-called customers” and stated that “historically, when you have national forces going from one country to another this leads to increased prostitution and increased trafficking in the number of slave victims.” Miller emphasized the need to educate people who might patronize prostitutes that, according to research, “most of the people they are ‘patronizing’ are likely to be victims of trafficking: raped, assaulted, abused, waiting to escape.” Coordinating DoD’s anti-trafficking initiatives is currently the responsibility of Charles Abell. At the Forum, Abell described DoD’s zero-tolerance policy as “a policy of command responsibility to recognize, prevent, and to assist local law enforcement when it comes to trafficking in persons in any way, shape or form.” According to Abell, DoD’s anti-trafficking training program for Service members, DoD civilian personnel and contractors would be put into operation by November 1, 2004. An online version will be available by January 2005. Commissioner Cardin asked for clarification of the meaning of the “zero-tolerance” policy, given that U.S. troops are often stationed in countries with legalized prostitution. He also expressed skepticism that troops could distinguish between prostitution and trafficking. Mr. Abell responded that the zero-tolerance policy included prostitution and trafficking, and that those caught patronizing prostitution or otherwise supporting sex or labor trafficking would be held accountable. He noted that an amendment to the Uniform Code of Military Justice (UCMJ) has been proposed that would clarify the legal basis upon which a Service member can be prosecuted, under the UCMJ, for patronizing a prostitute. The proposed amendment was placed in the Federal Register on September 15, 2004. DoD Inspector General Schmitz’ testimony did not focus on the details of his human trafficking assessment reports in South Korea and Southeastern Europe. Rather he noted the tools available for combating trafficking within the DoD and the lessons learned in the course of his assessments. Among those lessons, according to Schmitz, is that “among the root causes of the recent resurgence of human trafficking, aside from the obvious profit motive of organized criminals is a general reluctance of leaders at all levels to promulgate and to enforce principle-based standards for subordinates who create the demand for prostitution, generally, and for sex slavery, specifically.” General Leon J. LaPorte, Commander of United States Forces Korea (USFK), testified that subsequent to the Fox News affiliate’s report and the Inspector General’s investigations, United States Forces Korea had adopted a “zero tolerance” approach to human trafficking which applies to the approximately 33,000 Soldiers, Sailors, Airmen, Marines and 5,000 Department of Defense civilians and contract employees currently serving in South Korea. The South Korean Government estimates that the commercial sex industry in South Korea is worth $22 billion per year and involves an estimated 330,000 women—10,000 of whom are foreigners. General LaPorte described an anti-trafficking strategy of “awareness, identification, reduction, along with continued interaction with the Korean Government and law enforcement agencies.” DoD personnel are briefed about the crime of human trafficking and the zero-tolerance policy upon arriving in South Korea and during subsequent leadership schools and training events. Armed forces radio and television stations in Korea also air public service announcements to inform U.S. personnel about USFK’s anti-trafficking policies. Since January 2003, more than 400 Service members in Korea have been prosecuted or otherwise disciplined for solicitation and related offenses such as curfew violations and trespassing in posted off-limits areas. USFK’s other initiatives include a 24-hour hotline operating in tandem with the Korean national police hotline and a women’s crisis center to receive reports of suspected prostitution or human trafficking activities. Other efforts include a renewed focus on providing alternatives to off-post entertainment areas near U.S. military facilities, such as high-speed Internet and cable access to military barracks and a volunteer program within the local community. LaPorte explained an improved process for identifying establishments that are suspected of complacency in prostitution and human trafficking, and their subsequently being declared off limits to U.S. personnel. More than 600 bars, restaurants and clubs have been placed off limits. Offending business owners are subject to specific and extensive corrective actions in order to regain patronage of USFK personnel or their family members. Significantly, LaPorte testified that the uniformed personnel who patrol nightly in the districts associated with U.S. military facilities in Korea have been trained to identify indicators of prostitution and trafficking and are now directed to report suspicious activities. Such training was initiated in response to the 2002 WJW-TV report which captured on video uniformed soldiers on “courtesy patrols” who spoke nonchalantly of foreign women forced to work or prostitute themselves in local establishments. The soldiers advised the undercover reporter on negotiating for sex in such establishments and gave no indication that they felt obliged to report the presence or activities of these women to their chain of command. Opening the second panel, Dr. Sarah Mendelson acknowledged that adoption of an anti-trafficking policy for DoD is potentially an important step in addressing the involvement of uniformed Service members and civilian contractors with trafficking. Her testimony, however, focused on potential difficulties implementing this policy based on the findings of her research on the trafficking of women and girls to the Balkans and the role of international peacekeepers. A research report by Mendelson will be published in early 2005. According to Dr. Mendelson, “many uniformed Service members, civilian contractors, as well as civil servants, tend to deny the links between trafficking and peacekeeping deployments, fail to understand the security implications of human rights abuse and support of organized crime, and tend to conflate trafficking with legalized prostitution.” Citing several specific examples, Mendelson indicated that the lack of awareness and misperceptions about trafficking are so widespread as to inhibit effective implementation of the zero-tolerance policy. Mendelson recommended that DoD allocate “significantly more resources, organization and leadership” in order to effectively change the pervasive attitudes and an organizational culture which fail to recognize trafficking in persons for sexual or labor exploitation as relevant to the military. She specifically recommended that DoD’s efforts to combat human trafficking be centralized in one office directed by a Deputy Assistant Secretary of Defense. She recommended further that Secretary Rumsfeld appoint a panel of external advisers to assist DoD in implementing its anti-trafficking policies and that DoD conduct a comprehensive awareness campaign on the issue of human trafficking. Ms. Vandenberg’s testimony drew on a report that she wrote for Human Rights Watch in 2002, entitled “Hopes Betrayed: Trafficking in Women and Girls to Post-Conflict Bosnia and Herzegovina for Forced Prostitution.” At that time there were eight documented cases of U.S. Government contractors implicated in human trafficking—four of whom were DoD contractors. Vandenberg suggested that there are likely more cases, but that because investigators have not been trained or instructed to investigate trafficking offenses, many instances have likely gone undocumented. Human Rights Watch did not find evidence of U.S. Service members involved in trafficking-related activities in Bosnia. Ms. Vandenberg noted numerous concerns with DoD’s implementation of NSPD-22, including that “there is still no contractor accountability . . . the Department of Defense has not yet incorporated a condition into existing contracts permitting termination of grants if the contractor engages in trafficking,” as required by the Trafficking Victims Protection Act of 2003. She also noted the absence of evaluation programs and benchmarks to measure adherence to the zero-tolerance policy. While praising the policy statements made by Secretary Rumsfeld and Deputy Secretary Wolfowitz regarding trafficking, Ms. Vandenberg concluded that “DoD’s actions at this point do not match this ambitious rhetoric.” The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Bring Paul Klebnikov’s Killers to Justice

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

  • The Case of Mikhail Trepashkin

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

  • Briefing Surveys Human Rights of Russia's Roma Population

    By Erika Schlager CSCE Counsel on International Law On September 23, 2004, the United States Helsinki Commission held a briefing on “The Roma in Russia.”  Panelists included Dimitrina Petrova, Executive Director, European Roma Rights Center; Alexander Torokhov, Director, Roma Ural; and Leonid Raihman, a consultant for the Open Society Institute specializing in minority issues in the former Soviet Union. Elizabeth Pryor, Senior Advisor to the Helsinki Commission, moderated the briefing.  She noted the Commission’s long engagement regarding the human rights problems faced by Roma as well as the overall human rights situation in Russia.  Highlighting the need to examine the particular situation of Roma in Russia, she observed that since Roma “constitute a relatively small part of the Russian population, their plight is often overlooked.” Dr. Petrova noted that, for the 2002 Russian census, approximately 182,000 individuals identified themselves as Romani.  Unofficial estimates, however, suggest that the number of Roma in Russia is much higher; a figure often cited is 1.2 million.  She argued that the fate of Roma in Russia is emblematic of the racism, xenophobia, and discrimination faced by other ethnic minorities in Russia, particularly Jews and people from the Caucasus region. In a comprehensive statement, Dr. Petrova outlined nine key areas of concern:  historical and social discrimination against Roma; the legal and institutional context of anti-discrimination legislation; the current political and ideological climate in Russia; the abuse of Roma rights by state actors (primarily the police); the abuse of Roma rights by non-state actors; discrimination in the criminal justice system; the portrayal of Roma in the Russian media; the lack of personal documents; and access to housing and education. The main focus of Dr. Petrova’s statement concerned abuse by both state and non-state actors.  The main impetus of anti-Roma abuse in Russia is related directly to the ideological “war on drugs.”  People of Roma descent are targeted through racial profiling and various media outlets as illegal drug dealers and are subject to frequent police raids.  The “war on drugs” has also become an excuse for police brutality and racial targeting in which police plant drugs on the Roma or in their homes and then arrest them for the possession of illegal substances. Dr. Petrova ended her statement with a call for the United States Government “to play a leadership role and use its economic and political weight to help improve the position of Roma in Russia and address the human rights problems of Roma in Russia as a matter of urgency and as a primary concern in combating racial discrimination.”  She asked human rights monitoring agencies both in the United States and in Europe to prioritize Roma rights in Russia and to draw the Russian Government’s attention to Roma issues that are currently not being addressed. Dr. Torkohov, representing the Ekaterinburg-based Roma Ural, presented his organization’s efforts to monitor media coverage of Roma, examine factors contributing to lower levels of education among Roma, and assist Romani Holocaust survivors obtain compensation through existing programs. Torkohov offered a number of recommendations to improve the current situation.  With respect to education, he suggested creating preschool programs for Roma children to improve literacy, working with both children and parents to understand the value of education, and facilitating cooperation between parents and schools.  Given the pronounced bigotry against Roma that characterizes portrayals of Roma in the broadcast and print media, he also suggested training journalists to improve their professional skills. Leonid Raihman focused on ill treatment of Roma by the police, access to justice, and problems associated with the lack of personal documents, including passports.  Endemic corruption among the poorly paid and poorly trained police in Russia has fostered an environment in which Roma are the routine victims of extortion by the police.  This extortion, in turn, contributes to the economic marginalization of Roma. Raihman also described the serious and complex problem of personal documents for the Roma.  He said the absence of personal documents, as well as the rigid nature of the personal documents system in Russia, represents an aspect of the problem.  However, he felt that ethnicity was the primary reason for problems in obtaining a passport.  “Administration officials,” he stated, “especially in housing and immigration departments abuse the discretionary decision-making power accorded to them by the passport system to discriminate against Roma and members of the vulnerable groups.” Mr. Raihman urged the U.S. Government to use its power “to persuade the Russian Government to place the human rights problems which the Roma face high on their agenda.”  He stated that it is time for the Russian Government, as well as the rest of the world, to acknowledge and deal with the problems faced by the Roma in Russia. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Judy Abel contributed to this article.

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