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hearing
Russia's Assault on Ukraine and the International Order
Wednesday, February 02, 2022Russia’s Ukraine gambit is the most flagrant manifestation of the Kremlin’s assault on the international order. Moscow’s actions degrade the security environment in Europe and are a direct attack on settled international norms, including the territorial integrity of states and the self-determination of peoples affirmed in the Helsinki Final Act and subsequent agreements of the Organization for Security and Cooperation in Europe (OSCE). On February 2, 2022, the U.S. Helsinki Commission held a hearing on Russian aggression against Ukraine. The hearing included testimony from three expert witnesses on the motives and intentions of the Kremlin, how the West can continue to support Ukraine, and the ramifications of Putin’s belligerence for Europe and the international order. Helsinki Chairman Sen. Ben Cardin (MD) opened the hearing by highlighting the unity displayed between the United States and Europe in response to the threatened invasion. He commended the Biden administration on its efforts to enhance deterrence and reinforce NATO’s eastern flank, while ensuring a diplomatic path remains open to Russia should it wish to find areas of cooperation; he emphasized that the sovereignty of Ukraine and freedom of Europe would under no circumstance be bargained away. Co-Chairman Rep. Steve Cohen (TN-09) noted that Putin considers Ukraine’s evolution into a budding democracy “with its open market of ideas, vibrant media, and a strong civil society” as a threat to his regime and repeated the importance of a free and sovereign Ukraine for the security of Europe. Sen. Roger Wicker (MS) highlighted Russia’s participation in the Helsinki Final Act of 1975, saying, “Putin is now treading underfoot the principles at the heart of the Commission’s work, principles agreed to by Mr. Putin’s predecessors in Moscow.” He also underlined importance of ensuring passage of defense appropriations to our defense commitments abroad. Ranking Member Rep. Joe Wilson (SC-02) praised the strong bipartisan stance exemplified by the hearing regarding the need to deter Russia; Republicans and Democrats in the U.S. Congress, as well as Transatlantic allies, were “firmly united in support of the people of Ukraine” Dr. Fiona Hill, senior fellow in the Center on the United States and Europe in the Foreign Policy program at the Brookings Institution, testified on Putin’s motives and likely worldview, citing Russian interventions in Georgia, Armenia, and Belarus. “From Russia’s perspective, the United States played no significant role in addressing these upheavals,” she said. She noted that the 2024 presidential elections likely are influencing Putin’s need to act now. Dr. Hill closed by emphasizing the importance of definitively countering Putin’s narrative regarding Russia’s aggressive posture. “We need to reframe this crisis for what it is, as the administration has just done in the United Nations,” she said. “This is not a proxy conflict. This is not aggression by the United States or NATO. This is not a righteous effort to counter some great historic wrong, as President Putin says. This is an act of post-colonial revisionism on the part of Russia.” Lieutenant General (Ret.) Ben Hodges, Pershing Chair in Strategic Studies at the Center for European Policy Analysis, testified on the current needs of the Ukrainian army, as well as potential countermeasures Ukraine’s Western partners can take to address Russian aggression. He highlighted President Zelensky’s request for funds to support a significantly larger Ukrainian army, as well as continued diplomatic support from the West. General Hodges also underlined that a common approach among NATO Allies, including and especially Germany, would be necessary to prevent a new Russian offensive. “We need to take the initiative instead of always reacting to whatever the Kremlin does. But we have to do this in unity with our allies,” he said. Lieutenant General Hodges closed by urging NATO to remain clear-eyed about the nature of diplomacy with the Kremlin. “They are not boy scouts. They use chemical weapons, poison and murder against their own opposition, and they use cyber and disinformation to destroy lives and trust in our democratic system,” he noted. “We should talk, but we need to understand with whom we are talking.” Ambassador (Ret.) William Taylor, Vice President, Russia and Europe at the United States Institute of Peace, commended the resolve and unity shown by President Biden and President Zelensky, suggesting that this had been surprising to the Kremlin. He surmised that the effectiveness of the Western response had, to date, successfully deterred a full-scale invasion and there was reason to believe that Putin currently remains engaged on a diplomatic track. Ambassador Taylor underlined the stakes in the current confrontation and their relevance to U.S. interests, describing Ukraine as “the frontline of the battle between democracy and autocracy. We should support them. With that support, they will prevail. Putin will lose.” Members raised a broad range of concerns with witnesses, questioning them on issues ranging from the influence of public opinion and oligarchs on Putin’s thinking, to the most efficient timing of sanctions. Witnesses were united in their praise for the bipartisan consensus on countering Russian aggression demonstrated by Congress, and adamant in their call for continued resolve and determination in the support of Ukraine. Related Information Witness Biographies Putin Has the U.S. Right Where He Wants It - Dr. Fiona Hill NATO Must Help Ukraine Prepare for War - Lieutenant General (Ret.) Ben Hodges After U.S.-Russia Talks, Risk of War in Ukraine Still High - Ambassador (Ret.) William B. Taylor
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press release
On International Holocaust Remembrance Day, Cardin and Cohen Denounce Recent Antisemitic Activity Across the United States
Thursday, January 27, 2022WASHINGTON—On the 77th anniversary of the liberation of the Auschwitz-Birkenau in Nazi-occupied Poland, which is designated as International Holocaust Remembrance Day, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD) and Co-Chairman Rep. Steve Cohen (TN-09) issued the following statement on the recent spate of antisemitic activity across the United States: “We are extremely alarmed by recent events targeting the Jewish community. The distribution of flyers across multiple states touting antisemitic and racist conspiracy theories, invoking Nazi ideologies, and blaming the Jewish community for the COVID-19 pandemic has come hard on the heels of a vicious attack on the Congregation Beth Israel synagogue in Colleyville, Texas. These incidents must be stopped and called out as the dangerous fearmongering they are. Not only on International Holocaust Remembrance Day, but every day, leaders and every person in this country have an obligation to stand up against hate. “Antisemitism is not just a problem in the United States. We see similar issues in Europe, where Jewish synagogues, schools, and cemeteries once again must tighten security protocols in fear of attack, and the Holocaust is being trivialized for political gain. It is time for the 57 participating States of the OSCE to come together and adopt an international strategy to hold countries accountable for implementing legislation to quash hate crimes and discrimination, protect Jewish communities, and address the dangerous ideologies that lead to violence and sow disunity in our country and abroad. “International Holocaust Remembrance Day serves as a grim reminder of our past failures to protect the Jewish community. Inaction or turning a blind eye to antisemitism and hate only encourages its proliferation. We must ensure that the words ‘never again’ have real meaning by stamping out antisemitism wherever it is found.” Chairman Cardin, who also serves as the OSCE PA Special Representative on Racism, Anti-Semitism, and Intolerance and is a member of the United States Holocaust Memorial Council, has called for an OSCE strategy to address antisemitism and other forms of intolerance. In July, the OSCE Parliamentary Assembly adopted an urgent item he drafted titled “Addressing the Rise in Hate, Intolerance, Violence and Discrimination Across the OSCE Region” that he has called for the new Polish Chair-in-Office to work with OSCE countries to implement.
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press release
Polish Foreign Minister Zbigniew Rau to Appear at Helsinki Commission Hearing
Thursday, January 27, 2022WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: POLAND’S LEADERSHIP OF THE OSCE IN A TIME OF CRISIS Thursday, February 3, 2022 10:00 a.m. to 11:00 a.m. Dirksen Senate Office Building Room 419 Watch live: www.youtube.com/HelsinkiCommission Poland has taken up leadership of the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—at a time when it will need to do its utmost to uphold fundamental tenets increasingly under attack. The region is facing serious challenges, ranging from the real possibility of a renewed Russian assault on Ukraine to the repercussions of COVID-19. Other regional challenges include protracted conflicts in Moldova and Georgia, as well as the pursuit of a lasting and sustainable peaceful settlement of the Nagorno-Karabakh conflict. Meanwhile, many countries are struggling—or failing—to live up to their OSCE commitments in the areas of human rights, democracy, and the rule of law. Anti-Semitic attacks and rhetoric are on the rise, and vulnerable communities are targets of discrimination and violence. Combating human trafficking and countering terrorism and corruption also are high on the OSCE agenda. At this hearing, Polish Foreign Minister and OSCE Chairperson-in-Office Zbigniew Rau will discuss Poland’s priorities in the OSCE and how it will address the challenges it will likely face in 2022.
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press release
Russia’s Assault on Ukraine and the International Order to Be Discussed at Helsinki Commission Hearing
Tuesday, January 25, 2022WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: RUSSIA’S ASSAULT ON UKRAINE AND THE INTERNATIONAL ORDER Assessing and Bolstering the Western Response Wednesday, February 2, 2022 2:30 p.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission Russia’s Ukraine gambit is the most flagrant manifestation of the Kremlin’s assault on the international order. Moscow’s actions degrade the security environment in Europe and are a direct assault on settled international norms. These include the territorial integrity of states and the self-determination of peoples affirmed in the Helsinki Final Act and subsequent agreements of the Organization for Security and Cooperation in Europe (OSCE). Witnesses will examine the latest developments in the Kremlin-driven crisis in and around Ukraine and the urgency for the United States to bolster Ukraine’s defenses and deter further Russian aggression. The following witnesses are scheduled to testify: Dr. Fiona Hill, Senior Fellow, Center on the United States and Europe, Brookings Institution Lieutenant General (Retired) Ben Hodges, Pershing Chair, Center for European Policy Analysis Ambassador (Retired) William B. Taylor, Vice President, U.S. Institute of Peace
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press release
Helsinki Commission Marks One-Year Anniversary of Navalny’s Imprisonment
Friday, January 14, 2022WASHINGTON—Ahead of the one-year anniversary of Alexei Navalny’s arrest on January 17, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following statements: “In the past year, while Alexei Navalny has remained unjustly imprisoned, the Kremlin has doubled down on its absurd persecution of his anti-corruption organizations as ‘extremist,’” said Chairman Cardin. “Nevertheless, Mr. Navalny’s colleagues, friends and allies, in the face of grave threats, continue to risk their own freedom to expose Putin’s thuggery across Russia.” “Putin would not have gone to the trouble to imprison Alexei Navalny unless he perceived a serious threat to his power,” said Co-Chairman Cohen. “Mr. Navalny and his team across Russia were instrumental in revealing the ill-gotten gains of Putin and his cronies. This tells you all you need to know about why they are a target.” “During his imprisonment, Alexei Navalny has used his own suffering to call attention to the plight of the hundreds of other political prisoners in Russia,” said Sen. Wicker. “We have not forgotten him or others who are persecuted for their beliefs, and we look forward to a Russia in which they finally are free.” “Despite the Kremlin’s attempts to push Alexei Navalny out of public view and prevent him from challenging Putin, we will not stop calling for his release,” said Rep. Wilson. “Russians who challenge Putin should not have to fear for their safety in their own country.” In August 2020, Alexei Navalny was the victim of an assassination attempt by the FSB that used a Russia-developed chemical weapon in the Novichok family. He spent months recovering after being flown to Berlin for treatment. Navalny returned to Moscow on January 17, 2021, and was arrested at the airport. In February, a Russian judge sentenced Navalny to three and a half years in a prison colony for violating the terms of a suspended sentence related to a 2014 case that is widely considered to be politically motivated. Previous time served under house arrest reduced his prison time to two years and eight months. In June, the Moscow City Court ruled that Alexei Navalny’s Anti-Corruption Foundation and its regional networks would henceforth be considered “extremist” organizations, essentially outlawing these groups and criminalizing their activity. In September, Russian authorities opened a new probe against Navalny and his closest associates for creating and directing an “extremist network.” This, combined with other ongoing criminal investigations, could lead to additional jail time for Navalny and threaten those associated with his organizations, many of whom have been forced to flee Russia.
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press release
Helsinki Commission Welcomes First Charges Under the Rodchenkov Anti-Doping Act
Thursday, January 13, 2022WASHINGTON—Following the first charges filed under the Helsinki Commission’s Rodchenkov Anti-Doping Act for a doping scheme at the Tokyo Olympics, Helsinki Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), Ranking Member Rep. Joe Wilson (SC-02), and former Commissioner Rep. Michael Burgess (TX-26) issued the following statements: “Swift utilization of the Rodchenkov Anti-Doping Act is exactly what we hoped for with this legislation,” said Chairman Cardin. “I thank the U.S. attorneys and investigators who put in long hours of work pursuing this case. They understood the importance of cleaning up cheating and corruption in international sports, which often is a tool of autocratic governments. These first charges are only the beginning and serve as a very public part of the global anti-corruption strategy supported by the Biden administration and spearheaded by the Helsinki Commission for many years.” “I welcome this first enforcement action under the Rodchenkov Act and urge the Department of Justice to continue unraveling the corruption that infects international sport,” said Co-Chairman Cohen. “Sports should bring people together and celebrate achievement—they should not be an opportunity for fraud. My own GOLD Act would expand the Rodchenkov Act and I call on my colleagues to pass it swiftly.” “These charges are the culmination of years of work to hold administrators, doctors, and officials accountable for their role in corrupting international sport,” said Sen. Wicker. “They demonstrate that our new approach is working. I thank the public servants at the U.S. Department of Justice and urge them to continue their efforts to enforce this critically important law.” “Dictators and their cronies interfere in everything we hold dear, including sports. They view victory in international sport as a way to trumpet the greatness of their oppressive systems. Cheating in sports is part of their foreign policy,” said Rep. Wilson. “With the Rodchenkov Act, we are holding these corrupt networks to account. I applaud the Department of Justice for prosecuting fraudsters at the Tokyo Olympics and call on them to do the same in Beijing.” “From a young age, professional athletes dedicate themselves to becoming the best in their sport. For those skilled enough to make it to the Olympics, their efforts should not be tainted by doping schemes,” said Rep. Burgess. “Yesterday’s charges provide hope to those that have been defrauded. They would not have been made possible without the Rodchenkov Anti-Doping Act. I worked to enact this law to maintain sport integrity and keep all American athletes safe and protected from fraud. Further, yesterday’s action is a win for athletes such as Katie Uhlaender, whose moving testimony spurred Congress into action. I hope that yesterday’s charges are only the beginning of combatting fraud in international sport competition.” “This is exactly the kind of action we hoped for following the enactment of this groundbreaking anti-doping legislation,” said Dr. Grigory Rodchenkov, the former head of Moscow’s anti-doping laboratory and the Russian whistle-blower after whom the law is named. “We are grateful to United States Attorney Damian Williams for taking this monumental first step toward restoring the Olympic games to their role as a cherished forum for nations to convene in the spirit of peace, fairness and cooperation. We cannot continue to allow corrupt states and the overlords of sport commerce to exploit our athletes and traditions of peace to advance the economic and geopolitical interests of the few. Yesterday's action is entirely appropriate and puts real teeth into anti-doping enforcement, while also setting an example of international cooperation and fair play for future generations.” The Rodchenkov Anti-Doping Act, which became law in December 2020, criminalizes doping in international sport. In July 2021, the Helsinki Commission hosted a hearing on the enforcement of the Rodchenkov Act at the Tokyo Olympics. Earlier that year, Dr. Rodchenkov spoke out publicly for the first time about the impact of the Rodchenkov Anti-Doping Act on a Helsinki Commission podcast, calling it a “game-changer.” On Wednesday, the New York Field Office of the Federal Bureau of Investigation (FBI) announced the charges against Eric Lira, who they allege “obtained various performance enhancing drugs (‘PEDs’) and distributed those PEDs to certain athletes in advance of, and for the purpose of cheating at, the 2020 Olympic Games held in Tokyo in the summer of 2021.”
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press release
Helsinki Commission Calls for Peaceful Solution in Kazakhstan
Thursday, January 06, 2022WASHINGTON—In response to the violent clashes between protesters and authorities in Kazakhstan, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “We are deeply concerned about the situation in Kazakhstan and condemn the violence that has accompanied widespread protests across the country. The reported deaths of both protesters and police are extremely disturbing. “We call on President Tokayev and Russian troops not to use disproportionate force against protesters. At the same time, we call on protesters to cease any violent attacks against police, public buildings, or private property. “We urge both sides to find a peaceful way to resolve this crisis. We also urge President Tokayev to ensure respect for human rights, especially freedom of the media and the right to due process for those who have been arrested in connection with the protests.” A wave of protests began on January 2 in the western part of the oil- and gas-rich country in response to a sharp increase in the price of liquefied petroleum gas (LPG). The unrest spread quickly to other parts of Kazakhstan and grew increasingly violent. Authorities deployed tear gas and stun grenades against protesters and blocked internet access in an effort to quell the unrest, while demonstrators attacked government offices. There are reports of deaths among both law enforcement and protesters, as well as of widespread looting. Kazakhstani President Kassym-Jomart Tokayev declared a nationwide state of emergency on January 5, accepted the resignation of his cabinet, and reduced LPG prices, but protests continued. The Collective Security Treaty Organization (CSTO), a security alliance among select former Soviet states including Russia, is sending Russian troops at the request of President Tokayev. The impact of the COVID-19 pandemic has exacerbated already strained economic and social disparities, and demonstrators are demanding increased political liberalization and accountability for government corruption. OSCE observers concluded that the 2021 parliamentary elections “lacked genuine competition” and underscored the need for political reform.
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press release
Helsinki Commission Cautions Russia Against Dissolving Russian Human Rights Organization Memorial
Tuesday, December 21, 2021WASHINGTON—As the latest court proceedings conclude for Russian human rights group Memorial International, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “The Kremlin continues to twist Russia’s so-called justice system to punish civil society, opposition politicians, and independent media who dare to speak out against the abuses of Putin’s regime. The United States should raise the stakes and impose concrete consequences on any officials who support such vindictive action against the Russian patriots who defend the human rights of their fellow citizens.” In a December 17, 2021 letter, Chairman Cardin, Co-Chairman Cohen, Sen. Wicker, Rep. Wilson, and Helsinki Commissioner Sen. Sheldon Whitehouse (RI) urged President Joe Biden to sanction 17 Russian officials and associates involved in the harassment and prosecution of Memorial and its leadership. “The United States has a moral duty to prevent this attack on universal rights and freedoms,” they said. “Publicly sanctioning the Russian officials involved in the attack on Memorial and their enablers would be an effective way to support pro-democracy forces in Russia and deter perpetrators.” In November 2021, Russia’s Supreme Court notified Memorial that the General Prosecutor’s office was suing to dismantle the organization for alleged violations of Russia’s “foreign agent” laws. In a November 17 statement, the Helsinki Commission expressed concern about the organization’s potential dissolution, noting, “We continue to see an alarming increase in attacks on civil society, opposition politicians, and independent media in Russia. Now the Kremlin actively seeks to dismantle Memorial, a respected network of organizations dedicated to revealing and preserving the history of Soviet repression and fighting for political prisoners in Russia today. Memorial’s efforts to defend truth and human rights are essential and must be protected for generations to come.” Memorial, established in the final years of the Soviet Union by dissidents including Andrei Sakharov, is one of the most respected and enduring human rights groups in the region. Its local chapters focus on preserving the truth about Soviet repressions, particularly under Stalin, and honoring the memories of those lost. Memorial also maintains a comprehensive database of current political prisoners in Russia and continues to advocate for the rights of the people of Russia, especially in the North Caucasus. The Helsinki Commission has convened numerous events featuring Memorial representatives.
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briefing
Defending Ukraine, Deterring Putin
Thursday, December 16, 2021The Kremlin has dramatically increased its military activities and capabilities in and around Ukraine, leading to predictions that the regime may be preparing for an aggressive military operation in the coming months. Russian military movements have sufficiently concerned U.S. and allied observers that CIA Director William Burns was personally dispatched to Moscow to telegraph U.S. concerns. Secretary of State Antony Blinken also has added to a chorus of alarm, and Ukrainian Foreign Minister Dmytro Kuleba has described Russia’s movements as preparations for an invasion. On December 7, President Biden held a two-hour phone call with Russian President Vladimir Putin over the apparent buildup. The Helsinki Commission, including Co-Chairman Rep. Steve Cohen (TN-09) and Commissioner Rep. Marc Veasey (TX-33), convened a virtual briefing to evaluate the Russian regime’s actions and capabilities near Ukraine and assess potential options for U.S. and Western countermeasures to deter aggression and preserve Ukrainian sovereignty. Panelists included Dr. Andrew Bowen of the Congressional Research Service, Robert Lee of Kings College London, Dr. Mary Vorotnyuk of the Royal United Services Institute, and Katsiaryna Shmatsina of the European Values Center for Security Policy in Prague. The discussion was moderated by Helsinki Commission Senior Policy Advisor Michael Hikari Cecire. Cecire began the discussion by describing the apparent urgency of the situation on Ukraine’s border, noting that more than 100,000 Russian troops and heavy offensive equipment had amassed in a potential war footing, in addition to thousands more troops already in states of high readiness and propositioned in and around Ukrainian territory. Dr. Andrew Bowen described the strategic environment in which the buildup is occurring, and noted that Russian political leadership has asserted that it regarded the presence of NATO and Western military and political influence on its border as a red line. Although Ukraine has no immediate likelihood of joining NATO, the Russian regime may regard Ukraine’s growing independent capabilities and partnerships with the West as indicative of a graduate deterioration of its own relative security position. As such, its military buildup may be intended to either compel a diplomatic accommodation with the West to forestall Ukraine’s continued Western path, or, if necessary, launch military operations to do so through the use of force. Dr. Bowen noted that Congress has played a significant role in supporting activities to bolster Ukraine’s defenses, including through the provision of lethal aid, and has also supported efforts to reinforce NATO’s Eastern flank in response to Russia’s aggressive actions. Robert Lee focused on Russian military capabilities currently arrayed at Ukraine’s border. He noted that tens of thousands of troops had been mobilized from Russia’s other geographic combatant commands and deployed to Ukraine’s border, including significant heavy offensive weaponry and specialized assets. According to some assessments, total Russian deployments may represent as much as two-thirds of its total combat power to in and around the Ukraine theater, suggesting a nationwide military mobilization and all the preparations for a major invasion. While the preponderance of Russian offensive assets suggests that it may have the capabilities in place for any number of offensive scenarios, including a move on Kyiv, it is not necessarily a foregone conclusion that the Kremlin has any intent to seize and hold territory. The Kremlin’s intent may be just to destroy or significantly degrade Ukraine’s military and undermine its broader strategic situation to achieve its aims. However, Russia also has activated some 100,000 additional reserve forces, which may be employed for a number of scenarios. Responding to a question from Co-Chairman Cohen, Lee observed that it was hard to determine the likelihood of a renewed Russian invasion, but that the risk is certainly greater than it has been at any point since the conflict began in 2014, and that the capabilities are all in theater for war. Co-Chairman Cohen also asked if the buildup today was proportionally similar to past buildups in 2014-2015, which was the last time Russian forces semi-overtly invaded Ukraine in large numbers. Lee replied that the current buildup is much more significant, though it is also true that the Ukrainian military is more capable today than it was in the past. Co-Chairman Cohen then inquired about past Russian casualties, which Lee described as being in the “hundreds” at least, though exact figures were not made publicly available. Co-Chairman Cohen then reiterated the gravity of the situation, and the seriousness with which he and the U.S. government was taking the issue. Cecire then introduced Dr. Maryna Vorotnyuk, who also made the point that the Russian regime’s full intentions were obscure, and not entirely knowable. However, she noted that the array of capabilities that the Kremlin has assembled on Ukraine’s border is suggestive, as are the demands the Kremlin has made in combination with the military buildup. On the latter point, she noted that there was an internal logic to Moscow linking its threatening posture over Ukraine with its demands with the West, because Russia’s war on Ukraine could be regarded as a kind of proxy war against the West as a whole. In a more comprehensive way, Russian demands seek a revised security architecture that would effectively undermine the sovereignty of Ukraine as well as other non-NATO states like Georgia, giving Russia free rein over its periphery. While this may be a nonstarter for the West, Dr. Vorotnyuk noted that Russia likely would settle for an accommodation from the West that would reduce Western involvement in the region and leave Ukraine and other countries weak and vulnerable to Russian pressure. While some may find such a route appealing, she noted, such a response would not likely lead to a more constructive Russia, and could even invite more aggression as Moscow’s intent was never solely about or limited to Ukraine. As such, it is important for the West to remain resolute in defending and advocating for Ukraine’s sovereignty. Katsiaryna Shmatsina spoke about Belarus’ role in the broader calculus. She recalled how, after Belarusian protests were being crushed by the regime, EU diplomatic leaders asked how Belarus might be used as an appendage of Russian strategic power. She noted that this appears to be the case in the ongoing episode with Ukraine, with the hybrid migrant crisis at the Belarusian border, the mooted possibility that Russian forces might use Belarusian territory to attack Ukraine, and the solidarity Russia has showed with the regime in Minsk through the flights of nuclear-capable bombers—suggesting that Belarus is not merely a side act, but a key element of Russian strategy in the region. For his part, Belarusian President Lukashenko has been severely weakened by the protests and his subsequent reliance on Russian support, leaving him nowhere else to turn and cementing Belarus’s place in the Kremlin’s alliance system and regional strategy. Shmastsina counseled that the situation in Belarus should merit greater international attention, particularly from the West, because it is inseparable from the ongoing military buildup in and around Ukraine and another aspect of Russia’s broader campaign against the West. Rep. Veasey noted that in a past visit to Ukraine, the assessment was that Russia was not necessarily interested in taking and holding territory and asked whether this view was still accurate. Dr. Vorotnyuk replied that this was very likely the case, but ultimately that the likely Russian aim was to permanently weaken Ukraine and be able to “veto” its alignments with the West. Particular territorial objectives could also be under consideration, such as a land corridor from the Donbas to Crimea—both of which Russia already holds—or a particular city, such as Odesa, and its port access to the Black Sea. Rep. Veasey then asked why Ukraine, but not Georgia, was being targeted in this way. Lee responded that Georgia no longer threatens to retake the Russia-held separatist regions of Abkhazia and South Ossetia by force, and that Ukraine is a much larger country with a more capable military and economic capacity, which holds a unique place in Russia’s historical narrative. Rep. Veasey then raised the issue of corruption, which continues to be seen as a major issue in Ukraine as compared to, for example, Georgia, and asked whether this is a serious problem. Dr. Vorotnyuk noted that it was a major issue, but that it is not a justification for Russian aggression, and that Western assistance with Ukraine is very much helping to address issues like corruption and democratic governance. Related Information Panelist Biographies
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press release
Helsinki Commission Welcomes Passage of Trap Provision in 2022 National Defense Authorization Act
Wednesday, December 15, 2021WASHINGTON—Helsinki Commission Chairman Sen. Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) today welcomed the passage of the Transnational Repression Accountability and Prevention (TRAP) provision as part of the National Defense Authorization Act (NDAA) for Fiscal Year 2022. “By co-opting and undermining the rule of law to harass and intimidate dissidents and political opponents, corrupt regimes threaten our national security,” said Chairman Cardin. “Our provision will make it U.S. policy to fight exploitation of INTERPOL, including by naming and shaming member states that abuse its mechanisms. This amendment will protect the United States, our allies, and all those fighting or fleeing authoritarian regimes from extraterritorial and extrajudicial abuse.” “We’ve seen time and again how corrupt dictators take advantage of INTERPOL to intimidate and harass those who expose their immoral deeds, even after they have fled their homes and their country in search of safety,” said Co-Chairman Cohen. “The TRAP provision will protect these dissidents and ensure that our own institutions are not used against us—or them.” “There is no reason for any democracy, especially the United States, to be forced to play a part in authoritarian regimes’ blatant abuse of INTERPOL Red Notices,” said Sen. Wicker. “I am pleased Congress has taken action to name publicly the abusers, such as Russia and China, and prevent American law enforcement from having to do the dirty work of these repressive autocrats.” “INTERPOL should enable us to crack down on criminals worldwide,” said Rep. Wilson. “Instead, the criminals have taken over the institution, using it to target those who oppose them. The TRAP provision will protect the United States from this abuse and ensure that we do everything we can to restore the rule of law to INTERPOL.” “Increasing transparency and accountability at INTERPOL underscores the bipartisan commitment of the United States Senate to push back against countries, large or small, seeking to distort legitimate law enforcement cooperation to instead pursue political opponents or personal vendettas,” said Sen. Bob Menendez (NJ), Chairman of the Senate Foreign Relations Committee. “This new provision will strengthen protections for human rights defenders, political dissidents, and journalists, and pave the way for the international community to join the United States in pressing for reforms and standing against the abuse of INTERPOL Red Notices by China and Russia, among others.” The Transnational Repression Accountability and Prevention (TRAP) Act was introduced in 2021 in the Senate by Sen. Wicker and Chairman Cardin and in the U.S. House of Representatives by Co-Chairman Cohen and Rep. Wilson. The legislation makes fighting abuse of INTERPOL a key goal of the United States at the organization, mandates that the United States name the worst abusers of INTERPOL and examine its own strategy to fight INTERPOL abuse, and protects the U.S. judicial system from authoritarian abuse.
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press release
Russian Military Buildup to be Scrutinized at Helsinki Commission Briefing
Thursday, December 09, 2021WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: DEFENDING UKRAINE, DETERRING PUTIN Thursday, December 16, 2021 10:00 a.m. Register: https://bit.ly/3DHAGWu The Kremlin has dramatically increased its military activities and capabilities in and around Ukraine, leading to predictions that the regime may be preparing for an aggressive military operation in the coming months. Russian military movements have sufficiently concerned U.S. and allied observers that CIA Director William Burns was personally dispatched to Moscow to telegraph U.S. concerns. Secretary of State Antony Blinken also has added to a chorus of alarm, and Ukrainian Foreign Minister Dmytro Kuleba has described Russia’s movements as preparations for an invasion. On December 7, President Biden held a two-hour phone call with Russian President Vladimir Putin over the apparent buildup. The Helsinki Commission will convene a briefing to evaluate the Russian regime’s actions and capabilities near Ukraine and assess potential options for U.S. and Western countermeasures to deter aggression and preserve Ukrainian sovereignty. The briefing will include U.S. and international experts on Russian military capabilities and Eurasian security. The following panelists are scheduled to participate: Dr. Andrew Bowen, Analyst in Russian and European Affairs, Congressional Research Service Dr. Maryna Vorotnyuk, Expert on Black Sea security; Associate Fellow, Royal United Services Institute Katsiaryna Shmatsina, Belarusian analyst on Eurasian politics and security; Visiting Fellow, European Values Center for Security Policy in Prague Robert Lee, Expert on Russian military capabilities; PhD candidate, Kings College London
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statement
The Centrality of the Battle Against Corruption in the Democracy Summit
Thursday, December 09, 2021Mr. CARDIN. Mr. President, I rise today--on International Anti-Corruption Day, as declared by the United Nations--to speak about the Democracy Summit that President Biden is convening today and tomorrow, to which government leaders from 110 countries have been invited. It will also include a range of leading civil society actors, business and labor leaders, civic educators and investigative journalists, philanthropists, and nonprofit leaders as speakers and participants. Undeterred by the Coronavirus pandemic, the Biden administration has organized a global virtual gathering with participants tuning in from six continents. It is an ambitious, even audacious, undertaking. And it comes at a critical time, as the world is now 15 years into a global democratic recession, according to the well-respected watchdog organization Freedom House. In its widely cited annual survey of freedom, it has reported that, in each of the past 15 years, more countries have seen their democracy scores decline than the number of countries whose scores have improved. And last year, during the height of the global pandemic, nearly 75 percent of the world's population lived in a country that saw its democracy score deteriorate last year. For a President who has pledged to put democratic values at the heart of American foreign policy, it is fitting and proper that he should convene the democratic leaders of the world and other relevant parties to plan the revitalization of global democracy. Of course, readers of the annual Freedom House assessment will know that there are not 110 well-functioning, effective democracies in the world and that way too many poorly performing nominal democracies have been invited to this gathering, thus diluting its character. While some conspicuously back-sliding countries, like Hungary and Turkey, have not been invited, there are numerous back-sliding pseudo-democracies, including the current governments of the Philippines and Pakistan, the Democratic Republic of the Congo and Zambia, Bolsinaro's Brazil among others, that unfortunately have been included. Then there is India, which dropped from Free to Partly Free status in Freedom in the World 2021, which contributes significantly to the fact that 75 percent of the world's people last year resided in countries moving away from democracy. Yet the government of Prime Minister Narendra Modi, after its sustained crack down on critics during the past 2 years and the atrocious scapegoating of Muslims, who were disproportionately blamed for the spread of the virus and faced attacks by vigilante mobs, has been invited to the Democracy Summit. Members of the Senate will also know that there has been precious little information sharing with this body about the contours of the summit. There has been no discussion with us about the invitation list or the way forward from this week's summit, which I see as a missed opportunity for the Biden administration. On the other hand, I was proud to be able to participate in a side event convened last Friday morning by the House Democracy Partnership for a discussion with legislators from other countries about the important role that parliaments can and do play in leading their governments to address the enduring and universal problem of corruption. I want to congratulate Representative David Price of North Carolina for his leadership of that important initiative and for convening a productive international exchange of views last week in the run up to the President's gathering. One of the main take-aways from that webinar was that it is always incumbent on the legislatures of the world to press forward with laws that instruct and enable executive branch officials to elevate their work to combat corruption. This is the main topic of my intervention today, to discuss one of the hopeful aspects of the President's Democracy Summit, which is the central role that the battle against corruption is playing in the proceedings and to underscore the leading role that we in the Congress must take to compel further action from our colleagues in the executive branch. History tells us that they will likely not do so on their own. In fact, the history of anti-corruption laws in the United States is replete with fervent opposition from the executive branch, whether during Democratic administrations or Republican, to virtually every measure proposed in the Congress. This was true of the Foreign Corrupt Practices Act of 1977, which barred U.S. companies and their officials from paying bribes in foreign countries. The executive and the business community declared that this would end the ability of American corporations to do business around the world, which turned out not to be true, of course. Indeed, it became in due course a foundational element in the United Nations Convention Against Corruption--UNCAC--and other elements of the international architecture of the battle against corruption. Yet the executive has continued to oppose every measure introduced in Congress to address kleptocrats and human rights abusers, including the original Sergei Magnitsky Rule of Law Accountability Act of 2012 and its successor, the Global Magnitsky Human Rights Accountability Act of 2016. This is especially ironic because, since the enactment of the 2016 law, both Republican and Democratic administrations have been utilizing the law frequently and to good effect. Indeed, today, Secretary of State Tony Blinken announced that--on the occasion of International anti-Corruption Day--the Department of State has designated 12 individuals from 7 countries for significant corruption and also named another 18 family members. In five of the designations, the Treasury Department has invoked Global Magnitsky sanctions for their roles in corruption. The Democracy Summit is being built around three principal themes: defending against authoritarianism, promoting respect for human rights, and fighting corruption. Corruption is the means and the method for kleptocratic rulers around the world to steal from their own people and to stash their wealth in safe havens, most often in the democratic Western world. This is directly and intimately connected to the undermining of the rule of law and the repression of human rights in these same countries--which is why I was so pleased to see that, on June 3 of this year, President Biden declared the fight against corruption to be “a core national security interest.” And he directed his National Security Advisor to develop a comprehensive strategy to address the problem. Accordingly, earlier this week, in the run-up to the Democracy Summit, the White House published the first “United States Strategy on Countering Corruption.” The strategy is a 38-page document that describes several major lines of effort in the new strategy. Among the document's commitments are pledges to crack down on dirty money in U.S. real estate, to require certain gatekeepers to the U.S. financial system such as attorneys, accountants, and investment advisers to perform greater due diligence on their prospective clients, and to make it a crime for foreign officials to solicit or accept bribes from U.S. companies. If this strategy is matched with appropriate resources, it has the power to fundamentally change the calculus for kleptocrats and redirect stolen funds back to the original problems they were meant to fund such as fighting the pandemic, countering the effects of climate change, funding economic development and opportunity. We in the Congress can do our part by passing pending legislation that would further strengthen the hand of the U.S. Government in this effort. While there are a number of valuable proposals pending, there are two that I suggest would be the most impactful and necessary. The first is the Combating Global Corruption Act, S. 14, which I introduced and was cosponsored by my Republican friend from Indiana, Mr. Young, which would create an annual global report, modeled in some ways on the Trafficking-in-Persons report, in which the State Department would assess how earnestly and effectively the governments of the world are living up to the commitments they have made in international treaties and covenants. The report would also place the countries of the world in 3 tiers, according to how well they are doing. And for those in the lowest performing tier, likely the governments that are actually kleptocracies, the bill asks that the executive branch assess government officials in those places for possible designation for Global Magnitsky sanctions. The second is the Global Magnitsky Human Rights Accountability Act, S. 93, which I introduced and was cosponsored by my Republican friend from Mississippi, Mr. Wicker, which would permanently reauthorize the existing Global Magnitsky framework and to widen the aperture of the law to encompass more bad actors and actions. Both these measures have been reported favorably and unanimously by the Senate Committee on Foreign Relations, and both are ready for final action by the Senate. As President Biden convenes the Democracy Summit today, with its major focus on the battle against corruption, it would be timely for the Senate to demonstrate our resolve as well. So I hope that my colleagues here in the Senate will agree in the coming days to adopt these two bills, so that we may take them to the House of Representatives, where they also enjoy bipartisan support, and get them onto the desk of President Biden during the coming year. Participating governments in the Democracy Summit, including the United States, are making commitments to strengthen their own democracies in the next 12 months, in advance of a second summit that is envisioned for next December. The American position will be enhanced if we have enacted these laws before then. Mr. President, I ask unanimous consent that selected excerpts of the “United States Strategy on Countering Corruption” be printed in the Congressional Record.
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press release
Helsinki Commission Mourns Death of Senator Bob Dole
Tuesday, December 07, 2021WASHINGTON—Following the death of Senator Bob Dole, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “Senator Dole, who served as the co-chairman of the Helsinki Commission from 1981 to 1985, will be remembered for his efforts to elevate the role of the Senate in the work of the Helsinki Commission and for his support for peace, security, democracy, and human rights for all. “As a participant in early meetings of the Helsinki diplomatic process, he helped develop a tradition of frank and direct exchanges of views between participating countries on human rights concerns, particularly the incarceration of Helsinki human right monitors in the Soviet Union and crackdowns on dissent in Eastern Europe. In the early 1990s, he worked closely with commission leadership advocating for a decisive international response, led by the United States, to the aggression and ethnic cleansing taking place in Bosnia and Herzegovina. After leaving the Senate, Senator Dole traveled to Kosovo in 1998 to document atrocities occurring there and subsequently testified about his findings at a Helsinki Commission hearing. “We will always be grateful for Senator Dole’s enormous contribution to the Helsinki Commission and to its mission.”
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briefing
Uniting Against Corruption
Tuesday, December 07, 2021At a virtual kickoff event on December 7, leaders of the U.S. Caucus against Foreign Corruption and Kleptocracy, the EU Parliament Anti-Corruption Intergroup, and the UK All-Party Parliamentary Group on Anti-Corruption and Responsible Tax formally launched the Inter-Parliamentary Alliance against Kleptocracy. Members of the alliance are politicians leading the fight in their respective parliaments against corruption and kleptocracy. The launch immediately preceded President Joe Biden’s December 9 – 10 Summit for Democracy, where approximately 110 countries committed to fighting corruption and renewing democratic values. Helsinki Commission Chairman Sen. Ben Cardin (MD), who has championed anti-corruption efforts throughout Congress, welcomed the formation of the alliance at the kickoff event. The event began with opening remarks from Chairman Cardin, and then featured remarks from several other parliamentarians: U.S. Representatives Tom Malinowski (NJ-07) and Helsinki Commission Ranking Member Joe Wilson (SC-02); Members of the UK Parliament Margaret Eve Hodge (Barking) and Andrew John Bower Mitchell (Sutton Cornfield); and Members of the European Parliament Daniel Freund (Germany), Katalin Cseh (Hungary), and Lara Wolters (Netherlands). Helsinki Commission Senior Policy Advisor Paul Massaro moderated the discussion. Chairman Cardin traced the history of successful anti-corruption legislation in the United States. He touched on the Foreign Corrupt Practices Act of 1977, the Money Laundering Control Act of 1986, and the Global Magnitsky Act of 2016 as examples both of bipartisan cooperation and of U.S. leadership in the international fight against corruption. The next step, he said, is dealing with enablers. “These are the accountants, the lawyers, the financial advisers. They allow kleptocrats to be able to do their corruption through the use of rule of law of other countries,” he noted. Rep. Malinowski stressed the connection between corruption and authoritarianism: “Corruption is the reason for being for most authoritarian regimes. It sustains them. It profits them.” Nonetheless, he observed that corruption is also a vulnerability for such regimes, as citizens ultimately refuse to accept kleptocratic leaders. Rep. Malinowski then discussed the ENABLERS Act, which seeks to close loopholes that enable kleptocrats to hide their money. MP Hodge echoed the need to address the enablers of corruption, the structures “through which the world’s crooks and kleptocrats take their stolen money and let it disappear.” She then explained her push, along with MP Mitchell and others, for a public register of beneficial ownership to combat the role of property in UK money laundering. MP Mitchell further discussed the push for a public register of beneficial ownership, a particularly important policy as the UK “may be responsible for up to 40 percent of the money laundering that goes on in the world.” MP Freund continued the discussion of transparency, emphasizing that the European Parliament cannot see the final beneficiaries of EU-funded projects. He welcomed the possibility of working with the new U.S. administration and cited the success of the Magnitsky sanctions as an instance of effective U.S. leadership against kleptocracy and corruption. Rep. Wilson echoed MP Freund’s enthusiasm for cooperation, calling corruption “a bipartisan and cross-border problem” that requires cooperative solutions. Like Rep. Malinowski, he noted the link between corruption and authoritarianism and suggested that closing the loopholes available to authoritarian governments requires international cooperation. MP Cseh built on the previous discussion of authoritarianism, adding that corruption is inseparably linked with human rights abuses. “Autocrats and oligarchs oppress their people so that they can enrich themselves… and they are desperately holding onto power because they want to escape prosecution for corruption,” she said. She then drew on her experience as a Hungarian opposition politician to discuss the connection between corruption and democratic backsliding. MP Wolters delivered the final remarks of the event on the new state of the EU in light of Hungary’s democratic backsliding. “I don’t think the EU was ever designed with the idea that we would end up with strange bedfellows internally within our system,” he said. This breach in EU sanctity entails new problems as these “strange bedfellows” have access to funding meant improve the lives of EU citizens. The event concluded with questions from the audience. Chairman Cardin and Rep. Malinowski responded to question on the resources available to victims of corrupt and kleptocratic regimes, and MPs Freund and Cseh addressed the potential for proactive measures against interference by kleptocratic regimes in legislatures. The Inter-Parliamentary Alliance against Kleptocracy aims to build a transparent and accountable global financial system; promote government transparency, allowing for effective public oversight; disable transnational corrupt networks, while deterring the movement of dirty money into democracies; support the role of free media and journalists in exposing the risks from kleptocracy; and advocate for strong anti-corruption standards for public officials and their enforcement. Planned projects include coordinating targeted sanctions and public visa bans, synchronizing anti-money laundering frameworks, harmonizing cross-border investigations into grand corruption, and promoting robust anti-corruption ethics frameworks for public officials. Members of the Inter-Parliamentary Alliance against Kleptocracy subscribe to the principles that democratic states are based on the rule of law and must safeguard this system against the taint of corruption and illicit finance; that kleptocracy is an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy; and that kleptocracy poses the most profound challenge for democratic governance in the 21st century as it corrodes the rule of law from within.
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press release
Chairman Cardin Calls for Release of Osman Kavala, Welcomes Council of Europe Infringement Proceedings Against Turkey
Friday, December 03, 2021WASHINGTON—Following the recent ruling of a Turkish court that will keep philanthropist Osman Kavala jailed until his trial begins in January 2022 and the subsequent decision by the Council of Europe to begin infringement proceedings against Turkey, Helsinki Commission Chairman Sen. Ben Cardin (MD) issued the following statement: “Justice has been denied, once again, for Osman Kavala, whose only apparent crime is being a Turkish patriot. Despite earlier rulings from a Turkish court and the European Court of Human Rights requiring the state to release Mr. Kavala, Turkish authorities have already jailed him for more than four years—in clear violation of Turkey’s OSCE commitments. “The ongoing injustice against Mr. Kavala is not unique. Thousands of Turkish citizens have been victims of the arbitrary court system. It is welcome news that the Council of Europe will start infringement proceedings against Turkey. Although Turkey is an important NATO ally, its leaders repeatedly have failed to uphold its commitments to respect human rights and the rule of law. "I urge the Turkish government to comply with its international obligations and release Mr. Kavala.” Turkey’s failure to comply with the decision of the European Court of Human Rights, of which the country is a member, prompted the Council of Europe to start infringement proceedings. The process has been used only once before in more than seven decades of the organization’s history and may result in Turkey losing its voting rights or being excluded from the Council. Osman Kavala is a Turkish entrepreneur and philanthropist who has for decades supported civil society organizations in Turkey. In 1990, he contributed to the establishment of The Helsinki Citizens' Assembly, a democracy and human rights non-profit inspired by the Helsinki Final Act. In November 2017, Turkish authorities arrested Mr. Kavala, alleging that he attempted to overthrow the Turkish government. Mr. Kavala was acquitted of these charges in February 2020, only to remain in detention and be charged with a new offense in March 2020. The same month, the European Court of Human Rights ruled Mr. Kavala should be released from pre-trial detention. Domestic and international human rights watchdogs consistently report that the charges against Mr. Kavala are unsubstantiated and politically motivated. Recently, ambassadors from ten Western countries, including the United States, advocated for his release. These demands were rejected by the Government of Turkey. Mr. Kavala is a recipient of the 2019 European Archaeological Heritage Prize and the Ayşenur Zarakolu Freedom of Thought and Expression Award from the Human Rights Association’s Istanbul branch.
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press release
Inter-Parliamentary Alliance Against Kleptocracy to Unite Political Leaders in Transatlantic Battle Against Corruption
Friday, December 03, 2021BRUSSELS, LONDON, WASHINGTON—At a virtual kickoff event on December 7, leaders of the U.S. Caucus against Foreign Corruption and Kleptocracy, the EU Parliament Anti-Corruption Intergroup, and the UK All-Party Parliamentary Group on Anti-Corruption and Responsible Tax will formally launch the Inter-Parliamentary Alliance against Kleptocracy. Members of the alliance are politicians leading the fight in their respective parliaments against corruption and kleptocracy. The launch immediately precedes to President Joe Biden’s December 9 – 10 Summit for Democracy, where approximately 110 countries will commit to fighting corruption and renewing democratic values. Helsinki Commission Chairman Sen. Ben Cardin (MD), who has championed anti-corruption efforts throughout Congress, will welcome the formation of the alliance at the kickoff event. UNITING AGAINST CORRUPTION Launch of the Inter-Parliamentary Alliance against Kleptocracy Tuesday, December 7, 2021 11:00 a.m. ET Register: https://bit.ly/3IsbbvY “Countering corruption—a clear national security threat—is one of the three pillars of the upcoming Summit for Democracy. For me, it is an essential aspect of the meeting,” said Chairman Cardin. “It isn’t enough that the United States prioritizes the fight against corruption. To curb this global scourge, democracies must work together. I welcome the formation of the Inter-Parliamentary Alliance against Kleptocracy, which will help harmonize our approaches to countering corruption and closing our systems to dirty money.” The Inter-Parliamentary Alliance against Kleptocracy is an alliance of legislative groups committed to countering the threat of global corruption. The new alliance will focus on fighting kleptocracy, an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy. Because the fight against foreign corruption spans the globe, the alliance will enable members and staff to share perspectives and coordinate efforts to confront the growing threat of authoritarian corruption. The alliance will hold periodic events, sponsor informal roundtables and briefings with leading experts, and coordinate initiatives across borders. “Nothing gets under the skin of dictators more than democracies working together—and confronting corruption is the best way to align ourselves with public sentiment in their countries. This parliamentary alliance will help ensure that lawmakers from the world’s democracies are working together to pass and enact laws against amassing and hiding illicit wealth,” said Rep. Tom Malinowski (NJ-07), Co-Chair of the U.S. Caucus against Foreign Corruption and Kleptocracy. “Corruption is at the heart of all human rights abuse. Journalists are silenced and civil society is attacked because these individuals threaten to expose the corruption that underpins all strongmen,” said Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09), a member of the U.S. Caucus against Foreign Corruption and Kleptocracy. “By uniting with our allies to root out corruption, we take aim at the very essence of authoritarianism. That is why the Inter-Parliamentary Alliance against Kleptocracy is so important. Corruption is global by nature. But if all democracies close their doors to it, we can succeed.” “Corruption is the new communism. It is the uniting force of dictators and the system they seek to export. And like communism, the USA needs to join together with its allies to defeat it. I am pleased to welcome the establishment of the Inter-Parliamentary Alliance against Kleptocracy, which will unite democratic allies against the corruption of Russian oligarchs, CCP princelings, Venezuelan thugs, and Iranian mullahs,” said Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02). “We have been seeing autocrats like Viktor Orbán successfully undermining European democracy for years from within, with increasing support from their experienced counterparts in Russia and beyond. If they close their ranks, all democratic parties need to do the same. This is not a fight that a single actor can win alone,” said MEP Daniel Freund of Germany, Co-Chair of the EU Parliament Anti-Corruption Intergroup. “Kleptocrats are destroying democracy and undermining the European Union. With this alliance we can stop European autocrats like Viktor Orbán and could be a powerful tool to influence not only national legislation but agreements on fighting corruption, transparency, accountability and criminal cooperation between the EU and the US. We should keep this alliance open for national lawmakers as well within the EU, allowing for example the devoted members of the Hungarian opposition parties also to join and commit themselves to such a noble cause. We have to fight together and we will fight together,” said MEP Katalin Cseh of Hungary, Member of the EU Parliament Anti-Corruption Intergroup’s leadership bureau. “Dirty money is at the root of many evils. From drug smuggling to terrorism, from money laundering to human trafficking, and from fraud to corruption. But if we can follow the money then we can start to put a stop to all manner of heinous crimes. That's why the launch of the Inter-Parliamentary Alliance on Kleptocracy represents a powerful moment as the world's democracies come together for the fight against illicit finance,” said UK MP Margaret Hodges, Chair of the All-Party Parliamentary Group on Anti-Corruption and Responsible Tax. “The movement of illicit finance is a global problem that requires a global solution. The harm caused to global security and democracy is facilitated by lack of coordination between different legislatures, and I am delighted to be part of the Inter-Parliamentary Alliance on Kleptocracy. I look forward to working with colleagues across the world to ensure that we give Kleptocrats nowhere to hide,” said UK MP Kevin Hollinrake, Vice Chair of the All-Party Parliamentary Group on Anti-Corruption and Responsible Tax. “It is not enough that America fight dictators – our friends and allies must also fight them. By working together to reject blood money, we can successfully deny dictators and their cronies access to our markets. I am thrilled about the formation of the Inter-Parliamentary Alliance against Kleptocracy. This international alliance of like-minded kleptocracy fighters will ensure that killers and thugs have no safe haven,” said Rep. Maria Elvira Salazar (FL-27), a founding member of the U.S. Caucus against Foreign Corruption and Kleptocracy. The Inter-Parliamentary Alliance against Kleptocracy aims to build a transparent and accountable global financial system; promote government transparency, allowing for effective public oversight; disable transnational corrupt networks, while deterring the movement of dirty money into democracies; support the role of free media and journalists in exposing the risks from kleptocracy; and advocate for strong anti-corruption standards for public officials and their enforcement. Planned projects include coordinating targeted sanctions and public visa bans, synchronizing anti-money laundering frameworks, harmonizing cross-border investigations into grand corruption, and promoting robust anti-corruption ethics frameworks for public officials. Members of the Inter-Parliamentary Alliance against Kleptocracy subscribe to the principles that democratic states are based on the rule of law and must safeguard this system against the taint of corruption and illicit finance; that kleptocracy is an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy; and that kleptocracy poses the most profound challenge for democratic governance in the 21st century as it corrodes the rule of law from within.
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article
Human Rights Seminar Returns to the OSCE with a Focus on Women and Girls
Wednesday, December 01, 2021By Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE and Dr. Mischa E. Thompson, Director of Global Partnerships, Policy, and Innovation On November 16-17, 2021, for the first time since 2017, the OSCE Office for Democratic Institutions and Human Right (ODIHR) held its annual Human Rights Seminar on preventing and combating violence against women and girls. The event assessed participating States’ implementation of OSCE commitments on preventing and combating violence against women, identified continuing challenges and successes in addressing the problem, and examined opportunities to further engage OSCE institutions and other stakeholders in finding solutions. Given continued efforts by some participating States to block the OSCE’s human rights agenda, including Russia’s successful blockade of the 2021 Human Dimension Implementation Meeting, the return of the Human Dimension Seminar was lauded by Ambassador Ulrika Funered of the Swedish Chair-in-Office (CiO) and Polish Ministry of Foreign Affairs UN Director Pawel Radomski of the incoming Polish CiO. Noting “the particular importance of regular gatherings in promotion of human rights” and the “unique meetings characterized by meaningful discussions between civil society and participating States,” Director Radomski underlined Poland’s staunch commitment to holding human dimension events during its upcoming 2022 Chairmanship. Other speakers at the hybrid event—hosted in Warsaw, Poland, as well as online—included ODIHR Director Matteo Meccaci; Special Representative of the OSCE Chairpersonship on Gender Liliana Palihovici; and Special Representative of the OSCE Parliament Assembly (PA) on Gender Issues Dr. Hedy Fry. Speakers underscored the prevalence of violence against women in political and public life; violence against women belonging to vulnerable groups, especially migrants, refugees, and persons with disabilities; and the impact of the pandemic on women and girls. Dr. Fry shared her alarm at recent violence targeting women in politics, from the January 6 violence at the U.S. Capitol that targeted Speaker Nancy Pelosi, to the physical and online violence targeting British parliamentarian Diane Abbott. She attributed the violence to the “boldness” of women daring to enter spaces traditionally dominated by men and the subsequent efforts by men to silence them. Dr. Mona Lena Krook, Professor and Chair of the Women & Politics Ph.D. Program at Rutgers University, highlighted the physical and psychological violence targeting women in politics and the subsequent but related dangers of women exiting politics to avoid harm to them and their families. The work of Edita Miftari, an alumna of TILN, the young leaders program organized by the Helsinki Commission and the German Marshall Fund, was highlighted by Adnan Kadribasic of the Bosnian management consulting company, Lucid Linx. In discussing the Balkan situation, he observed that female politicians experience discrimination and harassment but do not have reliable mechanisms for redress. Discussion panels and side events focused on the escalation of violence experienced by women during pandemic quarantines, the impact of the pandemic on women returning to the workforce, and strategies to protect migrant and refugee women. Several speakers raised the intersectional nature of violence against women, including increased violence towards women of color, and special circumstances faced by disabled women. Representatives of participating States showcased efforts to support women in leadership positions and programs to address violence. Civil society participants from Central Asian and other countries expressed concern about some participating States using women’s initiatives to cultivate political favor instead of addressing issues of disparities and discrimination. Others noted that progress had been made but voiced ongoing concern about how the pandemic negatively affected gains made previously in the workforce and in addressing domestic violence. The event was attended by more than three hundred participants, including representatives from more than 50 OSCE participating States. Dr. Mischa Thompson attended on behalf of the Helsinki Commission.
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briefing
Dictators, Inc.
Monday, November 22, 2021Many American and other western corporations invest heavily in authoritarian regimes, particularly Russia and China. Such companies often claim that, thanks to their involvement, democratic values like human rights and the rule of law will spill over into dictatorships and transform them from within. Instead, they provide autocrats with new opportunities to both repress rights at home and exert influence abroad. On November 22, 2021 the Commission on Security and Cooperation in Europe hosted a briefing examining the interplay between western business and dictators, particularly as it concerns human rights abuse. Panelists discussed the recent Russian elections, where Google and Apple censored content at the behest of the Putin regime; corporate censorship and other abuse on behalf of the Chinese Communist Party; and options for policy responses. Vladimir Milov, a Russian opposition politician and economist, discussed how American companies like Google and Apple could be coerced into succumbing to the Russian government’s censorship demands. He noted that the situation isn’t all bad: Google and Apple had resisted past censorship requests by the Russian government. However, the removal of an app created by Alexei Navalny’s organization to help coordinate protest votes in the 2021 Duma elections was problematic; there was nothing illegal about the content, and tech companies like Apple and Google removed them without communicating a legal explanation for doing so, Milov said. Milov suggested that first, companies should not give in to these types of demands by governments so as not to embolden them, and second, should make such communication with governments public to provide transparency. Matt Schrader, Advisor for China at the International Republican Institute, described how the Chinese Communist Party tries to influence other countries’ political systems by leveraging economic access. He pointed toward the People’s Republic of China’s use of its embassies abroad to form mutually beneficial relationships with businesses and wealthy individuals to influence political discourse and curry support for China. In the United States, for instance, this support can come in the form of lobbying against laws such as the Uyghur Human Rights Act, Schrader said. Another example, Schrader continued, is the film industry. China is a large market, and film companies are denied access to the Chinese market if they produce any films critical of China. Finally, Schrader pointed out the importance of the megaphone of celebrity in combating human rights violations. For example, efforts by U.S. tennis player Serena Williams and other athletes to raise awareness about missing Chinese tennis player Peng Shuai has led to serious discussion about moving the 2022 Beijing Winter Olympics, while the ongoing genocide of the Uyghurs in Xinjiang has not. Karen Sutter, Specialist in Asian Trade and Finance at the Congressional Research Service, focused on the Chinese government’s increased economic pressure on countries, organizations and individuals to conform to China. According to her, the line between the government’s use of its authority and its commercial interest has been blurred. This includes rulings on anti-trust, business licensing, and other matters. “China’s use of economic coercion to push through policy goals is intensifying,” Sutter said, adding that this coercion is not limited to individuals or companies operating in China, creating gaps in public awareness in third countries, and taking away the ability to have public, informed debates on issues related to China. Sutter elaborated on several tools the United States could use to respond to China, including examining Chinese tactics, acknowledging that China benefits from the U.S. interest in its market, and understanding how China uses measures and countermeasures that put American companies in the middle of disputes between the two governments. Sutter continued by explaining that this system of measures and countermeasures as well as the asymmetric access to the economy poses the greatest challenge. Asked whether there is any indication that China’s influence over American enterprises could position China for a military advantage, Sutter pointed toward the issue of dual-use technologies and technological transfer to the Chinese government itself. She questioned whether other countries would backfill such arrangements if the United States imposed restrictions, and then further asked if there was a good way to impose restraints on or consequences for malign Chinese behavior. Schrader added that China sees embeddedness in globalization as a source of power and seeks to position itself to benefit the most it can from technological and scientific innovation. On the question of companies like Apple or Google “decoupling” from Russia and China, Milov responded that these companies would reach a point at which it would no longer be worth it to operate in country. He suggested, however, that companies could operate in Russia without a physical presence and thus limit their exposure to coercion. Sutter added that decoupling is not limited to U.S. companies looking to leave China. Rather, Chinese industrial policy shows attempts towards becoming self-sufficient in the areas of aircraft, semiconductors, medical equipment, and other key areas. In the meantime, Sutter said to end her testimony, the United States and Europe could use the threat of decoupling as leverage. Related Information Panelist Biographies China’s Recent Trade Measures and Countermeasures: Issues for Congress
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.