Title

Good Governance

Assistant Secretary, U.S. Department of Commerce, and U.S. Helsinki Commissioner
Michael Camuñez
Vienna
Austria
Saturday, October 22, 2011

Economic and Environmental Dimension
Implementation Meeting
Session 3: Good Governance

Before I begin, I’d like to thank the panelists today for their excellent and informative presentations.

The United States has viewed with keen interest the evolving discussions in recent years on what the OSCE’s priorities should be in the Economic and Environmental Dimension. As our friend and colleague Mr. Svilanovic pointed out during last year’s Vienna Review Conference, we appear to have come to an appreciation that good governance is the key linking theme across the entire second dimension. The Maastricht Strategy is very clear on this point: “Good public and corporate governance and strong institutions are essential foundations for a sound economy, which can attract investments, and thereby enable States to reduce poverty and inequality, to increase social integration and opportunities for all, and to protect the environment. Good governance at all levels contributes to prosperity, stability and security.” As we consider the implementation of our second dimension commitments, however, we should keep in mind why it is important to implement those commitments.

The global economic downturn continues to put extreme pressure on people and governments across the OSCE region. To be sure, some countries have weathered the storm better than others. Still, no country can be forever immune to market forces, and even within those that have done well, there are always citizens left behind. This is certainly the case in the United States, and for this reason President Obama is focused intently on how best to put those Americans without a job back to work. We all know that trade and investment are critical drivers of economic growth. Indeed, recognizing this important reality, the Obama Administration has launched the National Export Initiative, which seeks to deepen our strategic trade relationships around the world, recognizing that 85 percent of world GDP growth will occur outside the United States in the coming few years.

As we encourage more American businesses – large and small – to embrace international trade, seek opportunities in new markets, and make strategic investments that will lead to increased global trade flows, we are keenly aware of the challenges and costs posed by official corruption, weak institutions, and lack of respect for property rights, including intellectual property.

Weak governance and lack of transparency constitute non-tariff barriers to trade, which we have committed ourselves to eliminating. Furthermore, the same issues that deter trade and investment also work against comprehensive security: a lack of transparency in governance leads to diminished confidence that problems and disputes will be addressed in a fair and impartial manner. Without trust and confidence in public institutions, there is little incentive for investors and companies to pursue trade deals or direct investment in those economies.

The effect is stagnating economic performance, which, as we have seen in the past several months and years, can lead to political upheaval.

The United States Government is deeply committed to fostering good governance and transparency in its political and economic institutions. President Obama has made the global fight against corruption a top priority. As he has noted, “In too many places, the culture of the bribe is a brake on development and prosperity. It discourages entrepreneurship, destroys public trust, and undermines the rule of law while stifling economic growth.”

The real world costs of corruption and weak institutions should not be underestimated. The World Bank estimates that more than one trillion dollars in bribes are paid each year out of a global economy of approximately 30 trillion dollars. That's an incredible three percent of the world’s economy. In 2009, companies lost nearly $25 billion to companies willing to pay bribes in deals for which the outcome is known. And bribery is especially costly for small and medium-size enterprises (SMEs): a separate study has shown that up to 25 percent of SME operating capital in companies operating internationally is diverted to corruption. That is a staggering figure that illustrates how corruption diverts scarce resources to thoroughly unproductive ends.

Corruption is a global problem that knows no borders. And that’s why corruption demands a truly global response – one that knows no limits on collaboration. The Obama Administration is doing its part to implement its obligations under the OECD Anti-Bribery Convention by enforcing the U.S. Foreign Corrupt Practices Act (FCPA) strictly and fairly. We are determined to ensure that U.S. businesses do not contribute to corruption in foreign markets. At the same time, we are determined to do what we can to assist them in the fight against foreign corruption, and against the high risk and significant costs of corruption in such markets.

Regrettably, at this stage, the lack of enforcement of domestic bribery laws, and of foreign bribery laws by many nations that are Parties to the OECD Anti-Bribery Convention is extremely troubling and raises concerns about a lack of political will. Governments can and should prosecute both those who give bribes and those who receive them, both at home and abroad. And the OSCE should continue to encourage participating States to adopt and enforce rigorous anti-bribery regimes.

Of course, the fight against corruption is not simply a law enforcement matter; rather it can also be a significant – if not the most significant – non-tariff barrier all companies face. Accordingly, the U.S. Department of Commerce and the International Trade Administration (or ITA) are committed to working with our trading partners to level the playing field and to promote transparent and corruption-free markets globally. Our work to promote clean and ethical business environments occurs at both the multilateral and bilateral level. At the multilateral level, the ITA is pressing its counterparts to lead by example and to implement comprehensive anti-corruption measures.

In addition to our work through the OECD, the United States has been working diligently to persuade the G20 countries to adopt a comprehensive anti-corruption action plan, which includes a commitment focused on adoption and robust enforcement of anti-bribery laws, implementation of the UN Convention Against Corruption, greater engagement with the private sector, and support for transparency mechanisms, to name a few. Many of these commitments require our G20 partners to enact and implement new laws and preventive measures.

The United States, at ITA’s initiative, in particular, took the lead on proposals relating to the private sector and also on whistleblower protection, within the G20. In the United States, whistleblowers play a crucial role in helping to enforce anti-corruption law. This principle is also embodied in international conventions. Articles 12 and 13 of the UN Convention require States Parties to prevent corruption in the private sector and promote the fight against corruption with the business community and civil society. Unless governments can protect whistleblowers, it is unlikely that they can identify or address systemic causes of corruption.

The United States believes robust whistleblower protection should be an essential part of any good governance initiative in the OSCE, and I was encouraged to hear Ambassador O’Leary indicate that this will be an area of focus under the Irish Chairmanship.

The U.S. Department of Commerce has also been committed to fostering strong private sector integrity as an integral part of promoting good governance in markets worldwide. Companies are global corporate citizens, and as such, can work collectively and with governments to foster trust, and promote transparency. I hope that some our work may provide a useful model for the OSCE to consider as it looks to embrace good governance and anti-corruption as a priority for the second dimension, a goal we fully support, and which I am personally committed to supporting.

For example, the ITA has championed business ethics and corporate governance reform since the early 1990s, following the fall of the Berlin Wall. Our Business Ethics Manual has been translated into Chinese, Spanish and Russian and is still one of the most widely used resources on this important topic. We have partnered with business associations and chambers of commerce to develop collective action and business ethics program in many markets.

Our work on business ethics has grown. This past year, the ITA has focused on trying to heighten awareness of good governance, transparency and business ethics in sectors of vital importance to many economies – by taking a “sectoral” approach to combating corruption and promoting good business practice, the challenge of dealing with corruption becomes less daunting. The ethical issues specific to different industries vary greatly – and there is no one-size-fits-all approach to the problem. Within the G20, for example, the United States, at the initiative of the U.S. Department of Commerce, has taken the lead in calling for the G20 to endorse additional sectoral approaches to fighting corruption, beyond the Extractive Industries Transparency Initiative (EITI). We have asked G20 governments, for example, to consider supporting the Construction Sector Transparency Initiative (COST) – a new multistakeholder initiative, developed by the World Bank. COST uses similar approaches to EITI to promote greater transparency in public infrastructure projects and government procurement. I hope that the OSCE might similarly consider COST and other multistakeholder approaches to promoting transparency under the Irish chairmanship.

Within APEC, the ITA has focused on developing new ethical principles for key sectors within the APEC region. I am pleased to report that under the APEC SME working group, we have coordinated a project with APEC countries and businesses to develop principles of business ethics in the construction, medical devices and biopharmaceutical sectors. These voluntary principles are meant to be used by businesses and trade associations – large andwithin the OSCE framework and the EEDIM, we might also consider focusing on business ethics in specific sectors of interest to all of our economies.

I want to close by suggesting some activities to take the theme of good governance and transparency forward. In addition to encouraging the OSCE to formally endorse the Extractive Industries Transparency Initiative—a move that would send an important signal about this body’s commitment to the principles of good governance and transparency—the U.S. encourages us to explore whether there are additional sectoral initiatives that merit support from the OSCE, including the Construction Sector Transparency Initiative. The United States Government also strongly supports the Irish Chair’s goal to develop a Statement or Declaration of Transparency Principles to help guide our governments in their future activities.

I want to encourage us to consider new models of bilateral cooperation to promote good governance such as the model Mr. Murray just discussed, leading to a public-private initiative in the Russian power generation sector.

We at the U.S. Department of Commerce are working closely with the Center for Black Sea/Caspian Studies at American University to potentially convene a conference in May of next year that would seek to address the challenge of developing mechanisms to ensure good governance and transparency, while also balancing the goals of protecting national security and accelerating economic development faced by the countries of the Caucasus and Central Asia, as they seek to assert their role as a gateway between Europe and Asia. In addition, the conference will also focus on specific market access challenges to regional integration and economic development in the Caucasus and Central Asia such as transparency in Government procurement and privatization, and trade facilitation challenges, including customs and lack of regional harmonization. It is our hope that the OSCE will join us for this event – focused on critical areas such as transport and infrastructure – to work on tangible ideas for projects and collaborations in the OSCE region.

We look forward with great interest to the 20th Economic and Environmental Forum, where we will delve deeper into all the facets of good governance. We also thank the Lithuanian Chairman-in-Office for  ensuring that their draft Ministerial Council decision on Energy Security incorporates transparency in the energy sector – in our view, considering the vital role that energy plays in modern economic life, there can be no confidence, and thus no security, without energy transparency. In the year ahead, we envision an even broader focus on transparency principles across the entire spectrum of economic and environmental
activities, and will work with all of our colleagues in the OSCE to make that vision a reality.

Thank you, Mr. Moderator.
 

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    WASHINGTON—Following the detention of four Ukrainian nationals serving as members of the OSCE Special Monitoring Mission in Russian-controlled areas of eastern Ukraine who reportedly were accused of illegal activities including treason and espionage, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “The targeting and detention of OSCE officials by Russian-controlled forces is utterly unacceptable. Those detained must be released immediately. We will hold Russian officials responsible for any mistreatment they suffer.” On April 24, the Organization for Security and Cooperation in Europe (OSCE) confirmed that four Ukrainian staff members of the OSCE Special Monitoring Mission to Ukraine (SMM) had been detained and held “for engaging in administrative activities that fall within their official functions as OSCE staff.”   The SMM had served a critical function as the eyes and ears of the international community in the conflict zone since 2014, until a Russian veto forced its mandated activities to cease on April 1. Since then, Ukrainian mission members had been carrying out minimum necessary administrative tasks focused on efforts to ensure the safety and security of its mission members, assets, and premises throughout Ukraine, including in Russian-controlled areas.

  • Helsinki Commission Urges OSCE PA to Adopt Ukrainian Declaration Recognizing Russia’s Actions as Genocide

    WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09), who serves as Head of the U.S. Delegation to the OSCE Parliamentary Assembly (PA), along with other Helsinki Commissioners who hold leadership roles in the commission and the OSCE PA, today released a letter urging the assembly to adopt a declaration by the parliament of Ukraine that recognizes Russia’s actions in Ukraine as genocide. Co-Chairman Cohen was joined in the letter to OSCE PA President Margareta Cederfelt by Chairman Sen. Ben Cardin (MD), who serves as the OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance; Senate Ranking Member Sen. Roger Wicker (MS), who serves as an OSCE PA vice-president; Commissioner Rep. Richard Hudson (NC-08), who chairs the OSCE PA Committee on Political Affairs and Security; and House Ranking Member Joe Wilson (SC-02). The letter read in part: “It is clear to us that Russian dictator Vladimir Putin and his military regime are engaging in acts of genocide against Ukraine and its people and we urge the OSCE PA to also endorse the Rada’s declaration and issue a similar statement. “We do not come to this conclusion lightly, and we recognize the importance of precision in employing such terminology. However, given the overwhelming evidence—from Putin and his regime’s many comments denying the existence of Ukrainian nationhood and the deliberate targeting of civilians, to the wholesale destruction of Mariupol, the mass graves that now pockmark Ukrainian lands, and reports of forced deportation of Ukrainian people including children to Russia where they are being indoctrinated in “reeducation camps” in attempts to destroy Ukrainian identity—we cannot be silent. The OSCE PA must raise its voice and speak with unity and unmitigated clarity about the unspeakable horrors that are unfolding in Ukraine and be truthful about what is happening there… “Given Russia’s disregard for the 10 Helsinki principles guiding relations between participating States, its manipulation of OSCE rules for its own destructive ends, and its encouragement of neighboring Belarus to be complicit in its war crimes and genocidal actions, the Parliamentary Assembly should make clear where we as a credible body stand. Russia’s horrific war of choice in Ukraine and this unfolding genocide must be described just as it is.” The full letter is available online.

  • Debunking “Denazification”

    By Worth Talley, Max Kampelman Fellow​ On February 24, 2022, Russian dictator Vladimir Putin announced a “special military operation” to “demilitarize and denazify” Ukraine—in reality, a Russian invasion designed to subjugate the democratic, peaceful people of Ukraine. When the news broke, Helsinki Commission Co-Chairman Rep. Steve Cohen immediately decried the statement. “Like Mr. Zelensky, I am Jewish; Nazis kill Jews,” he said. Putin’s claim of “denazification,” not only patently false, borders on incoherent to a Western audience, which immediately links Nazism with antisemitism and the Holocaust and thus understands the “denazification” of a country led by a Jewish president to be impossible.   The real nature of Putin’s claim is clear: it is a fallacious attempt to drum up domestic support for his war of aggression in Ukraine designed to resonate with a Russian audience. Putin draws on the Soviet myth of the Great Patriotic War in an attempt to validate his invasion and to obscure the true nature of his war—an attack on Ukrainian identity—under the guise of a mission against Nazism. Within this historical footing, Russians can accept the “denazification” of Ukraine precisely because the myth, like other holdovers from Soviet policy, deemphasizes antisemitism’s connection to Nazism and reimagines Nazism primarily as an attack on Soviet and Russian identities, not Jewish ethnicity. The Great Patriotic War World War II occupies a central place in Russian historical memory. The Russian conception of the Great Patriotic War has existed in multiple formulations since the defeat of Nazi Germany, but it consistently centers the role of the Soviet people in defeating Nazism, placing equal emphasis on Soviet victory and on the suffering and sacrifices of the Soviet people. In fact, the Great Patriotic War begins in 1941—rather than 1939—with Nazi Germany’s invasion of the USSR under Operation Barbarossa. The fact that the Great Patriotic War is the term commonly used for World War II by Russians obscures the nature of Russian involvement in the war prior to 1941. This state-sponsored narrative eschews a nuanced understanding of Soviet participation in the Second World War, particularly of the Molotov-Ribbentrop Pact and of the Soviet atrocities committed in Poland and the Baltics during that period of non-aggression between the 1939 pact and the 1941 Nazi invasion of the Soviet Union. The Law Against the Rehabilitation of Nazism, signed into law by Putin in 2014, effectively criminalizes speech regarding these Soviet actions. As the Great Patriotic War emphasizes Soviet anguish, it glosses over the suffering of Jews and other minorities and even the Holocaust itself. Soviet policy historically downplayed the centrality of the Holocaust by centering a collective, Soviet suffering over a particular, Jewish one. Furthermore, denouncing the antisemitic core of Nazism would have directly contradicted the Soviet Union’s own state-sponsored antisemitism. The Holocaust, particularly the millions of deaths that occurred in Soviet territory, was written off in Soviet historical narratives as a crime against the (ethnically ambiguous) Soviet citizenry. For example, the Soviet memorial at Babyn Yar—a site in Kyiv, formerly in the Soviet Union, where 33,000 Jews were murdered by Nazi troops and Ukrainian collaborators over the course of two days—featured an inscription to the “peaceful Soviet citizens” that died there, insinuating that the site formed part of a collective, Soviet suffering rather than acknowledging it as a site of antisemitic genocide. The myth of the Great Patriotic War thus classifies the actions of Ukrainians who collaborated with the Nazis—such as Stepan Bandera and the Organization of Ukrainian Nationalists—primarily as a crime against the Soviet people, with the antisemitic actions and beliefs of these Ukrainians nationalists occupying a secondary—or altogether irrelevant—level of importance. Nonetheless, the collaboration of some Ukrainian nationalists with Nazis during World War II has allowed the Kremlin, through a peculiar melding of myth and reality, to conflate Nazism with the very development of Ukrainian national identity (though, of course, Ukrainian national identity is not synonymous with Nazism, nor did it only begin to develop during the Second World War). Language Laws and Russian Rhetoric As Ukraine has distanced itself from Russian political influence, establishing a distinct national identity has become of a question of greater importance—particularly considering the stifled development of such an identity under the Soviet Union. Putin’s current, baseless, claims of genocide against Russian speakers in Donetsk and Luhansk occur against the backdrop of Ukrainian language laws, which make Ukrainian the country’s sole official language and set forth requirements for the use of Ukrainian in education and media. The most recent of these laws, passed in 2019, was met with harsh criticism from Maria Zakharova, a spokeswoman of the Russian Ministry of Foreign Affairs, who termed it “a law of forced Ukrainization,” and with skepticism from Volodymyr Zelensky, then the president-elect of Ukraine and himself a native Russian speaker. In an earlier reaction to such legislation, Zakharova claimed that “Ukraine uses language genocide on a state level,” echoing the rhetoric of genocide now used by the Kremlin to justify its invasion. Zakharova’s statements recall Soviet policy against Ukrainian national identity. Her use of the term “Ukrainization” echoes the use of the same term under Stalin in a 1932 decree to combat the growth of Ukrainian language and culture (i.e. “Ukrainization”). This decree was issued during the beginning of Holodomor—the genocide against Ukrainians, which began as an unintentional famine yet was retooled by Stalin to deliberately kill millions of Ukrainians. In this sense, contemporary Kremlin claims of “Ukrainization” and “language genocide” toward Russian speakers in Ukraine recall Stalin’s policies of both cultural and literal genocide directed at Ukrainians and Ukrainian national identity. Now, through the distorted lens of the Great Patriotic War and other Soviet policy, the Kremlin misrepresents the development of Ukrainian national identity as a crime against Russian speakers. Analysis of this historical manipulation, however, lays bare the reality of the war as an act of flagrant aggression committed against Ukrainians intended to destroy their culture and identity.

  • Diverse Voices Reporting From Ukraine

    Journalists in Ukraine risk their lives daily to report the reality of war. Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions. So far, at least seven journalists have been killed, and others injured, while covering Russia's genocidal war against the people of Ukraine. During a briefing, held April 20, 2022, attendees heard from three journalists currently reporting from Ukraine: Oz Katerji, a freelance conflict journalist; Asami Terajima, a journalist with the Kyiv Independent; and Olga Tokariuk, an independent journalist based in Ukraine and a non-resident fellow with CEPA. All of the panelists are journalists currently in Ukraine, whose diverse backgrounds bring important perspectives on the war. The discussion centered on their personal experiences, the contributions their diverse backgrounds bring to their coverage, and the experiences of individual Ukrainians they have encountered during the war. The briefing was moderated by Helsinki Commission Senior Policy Advisor Bakhti Nishanov. Co-Chairman Rep. Steve Cohen (TN-09) opened the hearing by expressing his gratitude and appreciation to the panelists and stressed the importance of listening to voices on the ground in Ukraine. In opening remarks, Nishanov highlighted the rampant deceit surrounding narratives on the war in Ukraine and emphasized the purpose of the briefing: to spotlight diverse voices reporting in Ukraine, to listen to their stories, and to respond with action. Oz Katerji gave an account of the horrifying tactics utilized by the Russian military in Syria, which are now being repeated in Ukraine. He stated that Putin has been given impunity for decades in response to Russian aggression in Syria, Georgia, Chechnya, and now in Ukraine. “Syria was the opening shot and Ukraine is the continuation of Putin’s war of expansion into Europe,” he said, “Putin won’t stop unless he is stopped.” Asami Terajima shared a moving account of the Ukrainian people’s spirit and resilience, and denounced claims of Nazism in Ukraine as absurd. She described Ukrainians as brave, freedom-loving people and said that even in such difficulty, they are already rebuilding their lives as best they can. Olga Tokariuk reiterated the danger faced by all those in Ukraine, whether in the eastern or western regions. Russia has attacked Lviv and injured dozens in the region, in addition to the massive human rights violations it already has committed in every region of Ukraine. Tokariuk warned that unless Russia is stopped, it will continue to perpetrate genocide on a massive scale in Ukraine. She said, “Russia will not stop in Donbas…No one in Ukraine is safe or can be safe unless Russia is defeated and Ukraine wins this war.” Attendees raised a number of questions to the panelists, ranging from the logistics of transporting military equipment to the value of counteracting propaganda within Russia. Related Information Panelist Biographies Oz Katerji: "In the Liberated Kyiv Suburbs, Two Tales of War Emerge" Olga Tokariuk: "Syrian Doctors Are Teaching Ukrainians How to Prepare for Chemical Attacks"

  • Journalists paint troubling picture of Russian war in Ukraine: 'It's light versus darkness'

    An independent U.S. commission heard vivid descriptions on Wednesday about what it's like to be on the ground in Ukraine for journalists who are responsible for keeping the world updated on Russia's bloody war. In testimony before the independent Commission on Security and Cooperation in Europe, multiple Ukraine-based journalists communicated how Moscow is indiscriminately attacking troops and civilians there and destroying cities. Ukraine is one of the most dangerous assignments in the world for reporters and several have already been killed there since Russia invaded the former Soviet republic on Feb. 24. The CSCE, also known as the Helsinki Commission, heard about the journalists' personal experiences and stories they have encountered in the battle-scarred country for the past eight weeks. Independent Ukrainian journalist Olga Tokariuk said she fled to western Ukraine just days after the fighting began and that she fears what Russia's war could mean for the future of the country, which declared its independence after the fall of the Soviet Union in 1991. "If Russia is not stopped -- if Russia is allowed to take more Ukrainian territory, this will happen everywhere," she told the commission. "Russia will perpetuate genocide on a massive scale. "No one in Ukraine can be safe unless Russia is defeated." Tokariuk added that most of the journalists she knows in Ukraine may have underestimated the danger initially. "Ukrainians had freedom of speech, freedom of press," she said. "We had the feeling that we were part of the free world." Tokariuk described grisly human rights violations in parts of Ukraine, particularly in the east -- including kidnappings, disappearances and forced deportations to Russia. The CSCE -- an independent government agency formed in 1975 to monitor security conditions in Europe -- says that at least seven journalists have been killed so far in Ukraine since the war began. The commission is comprised of several lawmakers from the House and Senate and normally includes three executive members from the departments of Defense, Commerce and State. Those seats are presently vacant. Asami Terajima, a Kyiv Independent journalist, told the lawmakers that she moved to Ukraine when she was 10. "Every single day as the war continues, more Ukrainian civilians are dying and more cities are being destroyed," she said, emphasizing that Russia is not targeting only Ukrainian troops. Freelance conflict reporter Oz Katerji told the commission that although Ukrainian fighters have been successful repelling Russian advances, they need weapons and equipment that will "strike fear in the hearts" of Russian troops. "This is democracy versus totalitarianism," he said. "It's light versus darkness." Evgeny Sakun, a Ukrainian cameraman working for Kyiv Live TV, was the first journalist to be killed after the invasion when Russian missiles struck the television tower in Kyiv on March 1. Award-winning video journalist and documentary filmmaker Brent Renaud was killed in Irpin on March 13 and an attack on a Fox News camera crew near Kyiv killed Irish reporter Pierre Zakrzewski, a cameraman and Ukrainian reporter-producer Oleksandra Kuvshynova a day later. Late last month, journalist Oksana Baulina was killed in Kyiv by a "kamikaze drone" while working for Latvia-based Russian online investigative media outlet The Insider. Jeanne Cavelier, head of Reporters Without Borders' Eastern Europe and Central Asia desk, said a few weeks ago that a quarter of all journalists who have died worldwide in 2022 were killed in Ukraine within the first month of fighting. "As their reporting is essential in order to understand the war in Ukraine and attacking journalists is a war crime under international law, we call on the Russian and Ukrainian authorities to guarantee their safety on the ground," Cavelier said in a statement. Ukraine is ranked 97th out of 180 countries in Reporters Without Borders' 2021 World Press Freedom Index. Russia is ranked 150th. "Journalists in Ukraine risk their lives daily to report the reality of war," the CSCE said in a statement before Wednesday's hearing. "Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions."

  • Helsinki Commission Leaders Mourn the Death of Finnish Politician Ilkka Kanerva

    WASHINGTON—Following the death of Finnish parliamentarian Ilkka Kanerva, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “We are saddened by the death of our former OSCE colleague Ilkka Kanerva. We send our deepest condolences to his family and friends. “An outspoken advocate for democracy and human rights, Ilkka was the only person to have served as both the OSCE Chairman-in-Office and the president of the OSCE Parliamentary Assembly. “He was first elected to the Finnish parliament in 1975, the year the Helsinki Final Act was signed, and started his tenure as president of the OSCE Parliamentary Assembly in 2014, the year Russia first invaded Ukraine. He was an able leader who shaped the OSCE PA’s robust response at that time, speaking out against Russia’s violation of its OSCE commitments and its violation of the territorial integrity and sovereignty of Ukraine. “Ilkka will be missed.” Ilkka Kanerva served as the OSCE Chairman-in-Office in 2008 and as president of the OSCE Parliamentary Assembly (PA) from 2014 to 2016. He subsequently served as OSCE PA president emeritus and remained active as a member of the Finnish delegation to the OSCE PA.

  • Biden administration urged to ban UK lawyers who ‘enabled’ oligarchs

    A member of Congress has urged the Biden administration to place travel bans on senior British lawyers that acted for wealthy Russian clients against investigative journalists. Steve Cohen, a Democratic representative from Tennessee, has written to Antony Blinken, the US secretary of state, urging him to sanction the lawyers for having “enabled malign activities of Russian oligarchs”. His letter comes as the Biden administration looks to increase its support for Ukraine in its war against Russia and tighten sanctions against those who have supported the Russian regime. Cohen wrote: “Oligarchs who hire lawyers to engage in abusive cases against journalists to silence them cannot exert malign influence in our system . . . the United States must establish deterrents for foreign enablers serving individuals who are undermining democracy.” The state department did not respond to a request for comment. Cohen singled out several lawyers he believed should be subject to bans on visas for travel to the US: Nigel Tait of Carter-Ruck; John Kelly of Harbottle & Lewis; barrister Hugh Tomlinson; Geraldine Proudler of CMS; Keith Schilling of Schillings; and Shlomo Rechtschaffen of SR law. Each of the lawyers is well known in London legal circles, with firms like Carter-Ruck and Schillings having established strong reputations in defamation law and reputation management. Tait, Kelly, Tomlinson and Proudler all worked on recent cases against the former Financial Times journalist Catherine Belton or her publisher HarperCollins, or both. Belton and HarperCollins were sued last year by several Russian oligarchs including Roman Abramovich over her book Putin’s People, which details the rise to power of Russia’s president Vladimir Putin. The lawsuits were later settled or withdrawn. Cohen cited Schillings’ work for Malaysian businessman and fugitive Jho Low. British ministers have expressed concern over the way in which UK courts are used by wealthy foreigners to launch libel cases. Dominic Raab, the justice secretary, last month set out proposals to limit any so-called Strategic Lawsuits Against Public Participation. Also in March Bob Seely, the MP for the Isle of Wight, used parliamentary privilege to claim “amoral” City lawyers were teaming up with “Putin’s henchmen” to offer “legalised intimidation”. A spokesperson for Tomlinson said: “Regulatory rules for lawyers are very strict and work to ensure equal entitlement to independent legal advice. Mr Tomlinson acted properly and in accordance with those rules throughout and has never acted as Mr Cohen suggests.” Tait’s firm Carter-Ruck said: “The claims made against Carter-Ruck are misconceived and are rejected entirely. In addition to other matters, we are not working for any Russian individuals, companies or entities seeking to challenge, overturn, frustrate or minimise sanctions.” It added: “We are not acting for, and will not be acting for, any individual, company or entity associated with the Putin regime in any matter or context, whether sanctions-related or otherwise, and will continue to conduct all ‘know your client’ checks in accordance with all applicable laws and regulations, as we have always done.” Cohen cited Rechtschaffen for his representation of Israeli-British businessman Walter Soriano, who he alleged was an “enabler” of certain oligarchs including Abramovich. Rechtschaffen said: “Walter Soriano is not an enabler of any oligarch . . . The English courts have said that the claim against Mr Stedman is not abusive.” Harbottle & Lewis said the firm had “acted at all time in accordance with its professional and legal obligations, and takes these matters very seriously”. Schillings said the firm did not act for any sanctioned entities and could not comment on client matters. It added that Cohen’s allegations were “wholly misplaced” and “misinformed”. It said the firm had upheld “the highest traditions of the legal profession”. Proudler’s firm CMS said it rejected Cohen’s allegations, adding that Proudler and the firm had been “compliant with all professional regulations”. “As we have said since the invasion of Ukraine, CMS is no longer accepting new instructions from Russian based entities or from any individuals with connections to the Russian government.”

  • Helsinki Commission Urges U.S. Administration to Consider Sanctioning Remaining Individuals Involved in Persecution of Sergei Magnitsky

    WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Member Rep. Joe Wilson (SC-02) today released a letter sent April 15 to President Biden urging the U.S. administration to consider sanctioning the remaining individuals involved in the persecution of Sergei Magnitsky, the fraud he uncovered, and the coverup of his death in 2009. The letter read in part: “The passage and enforcement of the Magnitsky Act was among the rare times in the last decade that the United States rightly put universal values first in its relationship with Russia. Sergei Magnitsky courageously stood up to the Putin regime’s corruption and represents what Russia might be one day. He has served as an inspiration for Russian activists and civil society who dream of a Russia that respects human rights and complies with its own freely undertaken international commitments… “At this time of great upheaval, it could not be more important that the United States demonstrate its commitment to universal values. Sanctioning these individuals responsible for dismantling the rule of law in Russia and killing one of Russia’s bravest whistleblowers would have this effect.” Included with the letter was a list that includes the names and identifying information of 255 individuals who have not yet been sanctioned for their apparent role in Sergei Magnitsky’s death and the $230 million tax fraud he exposed. The list was compiled by Hermitage Capital Management LLC, the firm where Sergei Magnitsky worked at the time of his arrest and murder.   The full letter and list are available online. 

  • Journalists Reporting from Ukraine to Speak at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online staff briefing: DIVERSE VOICES REPORTING FROM UKRAINE Wednesday, April 20, 2022 10:00 a.m. Register: https://bit.ly/3E89IZX Journalists in Ukraine risk their lives daily to report the reality of war. Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions. So far, at least seven journalists have been killed, and others injured, while covering Russia's genocidal war against the people of Ukraine. This briefing will convene journalists currently in Ukraine, whose diverse backgrounds bring important perspectives on the war. The discussion will center on their personal experiences and those of individual Ukrainians they have encountered during the war. The following panelists are scheduled to participate: Oz Katerji, Freelance conflict journalist Asami Terajima, Journalist, Kyiv Independent Olga Tokariuk, Independent journalist based in Ukraine; Non-Resident Fellow, CEPA  

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