Title

Importance of Good Governance to Comprehensive Security

Helsinki Commission Chief of Staff
Ambassador David Killion
Tokyo
Japan
Monday, June 16, 2014

Remarks to the 2014 OSCE Japan Conference on Sharing Experiences and Lessons Learned between the OSCE and Asian Partners for Cooperation in Order to Create a Safer, More Interconnected and Fairer World in the Face of Emerging Challenges

Thank you, Mr. Ambassador, for your kind introduction. It’s a pleasure to be here today. I’d also like to thank our Japanese hosts for their very gracious arrangements for this important conference. I am here on behalf of U.S. Senator Ben Cardin, the Chairman of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission. The Helsinki Commission is unique in that the U.S. is the only OSCE participating State to create a distinct governmental agency to monitor member state compliance with OSCE commitments.

One of the key priorities for our Commission is promoting good governance and combatting corruption, and we were pleased to see the tremendous progress achieved in this area in 2012 with the adoption of the Declaration on Strengthening Good Governance and Combatting Corruption, Money-Laundering and the Financing of Terrorism at the Dublin Ministerial. The Good Governance Declaration is comprehensive, laying out a strategy for the OSCE to combat corruption, strengthen civil society development and enforce accountability measures in the public and private sectors. 

The declaration has given some new tools to the Economic and Environmental Coordinator’s office, which plays a critical role in strengthening stability and security in the OSCE region. And last year, the OSCE worked to promote sustainable energy solutions, advocate transparency and accountability, and to build capacity at all levels of society – government, private sector, and its citizens.  These achievements represent a foundation for further enhancing the 2nd Dimension.

The U.S. and the EU have recently enacted laws that address the problem of transparency and accountability in the resource sector. In the United States, these laws were authored by the Chairman of the U.S. Helsinki Commission, Senator Ben Cardin. The laws require companies to publicly report payments they make to governments for oil, gas and mining extraction. The concept is that by injecting transparency into a traditionally opaque business environment, the ability of citizens to better understand the money flows allows them to then hold their governments accountable.

The laws are meant to innovate the way business is done in this extremely important sector by breaking the cycle of instability and poverty in countries suffering from what is often called the “resource curse”. This innovation can help ensure that energy supplies are not disrupted, it gives citizens a tool to fight corruption, and it levels the playing field for companies.

Now that the U.S. and the European Union are implementing these transparency rules, other markets with large resource extraction companies such as Australia and Canada are exploring similar requirements. And we expect that as these rules come online we will see other stock exchanges around the world follow suit.

Corruption and lack of transparency in the extractive industries can fuel instability and even conflict, so it’s not hard to see why this type of transparency is catching on. The news is full of headlines on instability created by resource competition or corruption. And resource rich countries are consistently rated as some of the most difficult places to do business. In almost every case you can trace the root cause to the intractable corruption in that country.

These transparency laws are the game changers that will help tilt the balance of power away from corrupt leaders. Transparency and accountability are going to make the job of extractive companies easier. They will work on a level playing field, they will work with more stable governments, and they will operate in more stable communities.

And the OSCE has a role to play here as well. With the acknowledgment of the importance of combatting corruption in the Good Governance Declaration, the OSCE’s Economic and Environmental Dimension can serve as a valuable platform for increasing stability and security on energy related issues and, in particular, highlighting the link between security, energy, and the environment. As we look toward the Basel Ministerial and the Helsinki+40 process, we must build upon this work and examine how the 2nd Dimension can be further strengthened to advance solutions that build good governance.

One of the ways that we can do this is to more actively engage civil society in the 2nd Dimension. We need to welcome multi-stakeholder groups, business groups and civil society leaders to the Economic and Environmental Forum and the Economic and Environmental Implementation meeting in order to generate greater awareness of good governance initiatives, develop new projects, and assess the effectiveness of participating States in implementing these commitments. 

  Let me close with a comment on Ukraine. I was there two weeks ago to observe the election. Despite the daily reports of violence, what we saw in the conduct of the election makes me hopeful that the newly elected government will be able to move the country forward. But what is painfully clear is that the corruption surrounding Ukraine’s energy sector was a key factor in fueling the protests that eventually led to the downfall of the government. Ukraine is not a big oil and gas producer itself, but it plays a major role as a transit country between Russia and Western Europe. Ukraine has started work on its candidacy for EITI but still has a long way to go so we are encouraging the new government to place a priority on getting that in place.

The broader lesson from Ukraine is that secret deals lead to corruption. Corruption leads to economic stagnation.  Economic stagnation leads to political instability.  Political instability leads to violence and human rights abuses, and even opportunistic violations of sovereignty and territorial integrity.

This is why we need to innovate the way we do business. This is why we need to focus on transparency and good governance. And this is why we need to empower civil society and media to hold their governments accountable. These are all areas where the OSCE has expertise and where the Asian Partners can provide assistance and experience.

Thank you.

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In 2016, Dr. Rodchenkov exposed the Russian state-sponsored doping scandal that took place during the 2014 Sochi Olympics.  By deceiving international anti-doping authorities and swapping athletes’ samples, Russian officials cheated U.S. athletes out of Olympic glory and U.S. corporations out of honest sponsorships.  These corrupt officials used bribes and illicit payments, sometimes through U.S. financial institutions, to commit this fraud.  Unfortunately, the masterminds behind the Russian sports doping operation escaped punishment for their actions because there was no U.S. legal mechanism to bring them to justice. In February 2018, the Helsinki Commission held a briefing featuring Dr. Rodchenkov’s attorney, Jim Walden, on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions.  In March, Commissioners Senators Cardin and Cory Gardner (R-CO) and Representative Jackson Lee met with Dr. Rodchenkov to discuss the threat posed by Russia to the United States, corruption in international sports bodies, and how the United States can contribute to the international effort to counter doping fraud. In July, the Helsinki Commission held a hearing that explored the interplay between doping fraud and globalized corruption and U.S. policy responses, including the Rodchenkov Anti-Doping Act. 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  • Senators Whitehouse and Hatch Introduce Rodchenkov Anti-Doping Act

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This bill would create consequences for Russia’s cheating, and send a strong signal that Russia and other sponsors of state-directed fraud and corruption no longer enjoy impunity.” “For too long, internationally agreed upon anti-doping rules have been broken with impunity. Athletes have been defrauded by coordinated, and in some cases state-sponsored, doping fraud schemes that call into question the integrity and fairness central to all competitions,” said Senator Hatch. “This bill is a long overdue step to deter and punish individuals and state actors who would attempt to defraud international competitions through doping.” In 2016, Dr. Rodchenkov exposed the Russian state-sponsored doping scandal that took place during the 2014 Sochi Olympics. By deceiving international anti-doping authorities and swapping athletes’ samples, Russian officials cheated U.S. athletes out of Olympic glory and U.S. corporations out of honest sponsorships. These corrupt officials used bribes and illicit payments, sometimes through U.S. financial institutions, to commit this fraud. Unfortunately, the masterminds behind the Russian sports doping operation escaped punishment for their actions because there was no U.S. legal mechanism to bring them to justice. With the recent decision of the World Anti-Doping Agency to reinstate the Russian Anti-Doping Agency, the matter now appears closed at the international level with no meaningful consequences for the Russian regime or the officials who perpetrated the scheme. The Rodchenkov Anti-Doping Act will: Establish criminal penalties for participating in a scheme in commerce to influence a major international sport competition through prohibited substances or methods. This section applies to all major international sport competitions in which U.S. athletes participate, and where organizing entities receive sponsorship from companies doing business in the United States or are compensated for the right to broadcast their competition there, so that international fraud against Americans will not go unpunished. Penalties will include fines of up to $1,000,000, or imprisonment of up to ten years, depending on the offense. Provide restitution to victims of such conspiracies. Athletes and other persons who are victims of major international doping fraud conspiracies shall be entitled to mandatory restitution for losses inflicted upon them by fraudsters and conspirators. Protect whistleblowers from retaliation. By criminalizing participation in a major international doping fraud conspiracy, whistleblowers will be included under existing witness and informant protection laws. Establish coordination and sharing of information with the United States Anti-Doping Agency. Federal agencies involved in the fight against doping shall coordinate and share information with USADA, whose mission is to preserve the integrity of competition, inspire true sport, and protect the rights of athletes, to enhance their collective efforts to curb doping fraud. “I am humbled and honored to see the introduction of the Rodchenkov Anti-Doping Act in the Senate today,” said Dr. Rodchenkov. “I would like to express my deepest gratitude to Sen. Whitehouse, Sen. Hatch, and the Helsinki Commission for their courage and leadership in the protection of whistleblowers who come forward to speak the truth. I believe that this legislation holds the promise to finally protect athletes and international competitions from and corruption and interference that we see continues today. This broad support from Congress is vital to our fight for justice and fairness in the international arena of sport.” In February 2018, the Helsinki Commission held a briefing featuring Dr. Rodchenkov’s attorney, Jim Walden, on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions. In March, Commissioners Sen. Ben Cardin (MD), Sen. Cory Gardner (CO), and Rep. Jackson Lee met with Dr. Rodchenkov to discuss the threat posed by Russia to the United States, corruption in international sports bodies, and how the United States can contribute to the international effort to counter doping fraud. In July, the Helsinki Commission held a hearing that explored the interplay between doping fraud and globalized corruption and U.S. policy responses, including the Rodchenkov Anti-Doping Act. In October, the U.S. Department of Justice indicted seven individuals for involvement in a Russian-operated military intelligence program in which GRU officers are alleged to have conducted sophisticated hacking of U.S. and international anti-doping agencies who investigated and publicly condemned Russia’s state-sponsored doping program. The hacking victims also included 230 athletes from approximately 30 countries. The operation was part of a disinformation campaign in which victims’ personal email communications and individual medical and drug testing information, sometimes modified from its original form, was used to actively promote media coverage to further a narrative favorable to the Russian government.

  • All Bets Are Off

    Corruption—including bribery, doping fraud, and match-fixing—permeates international sport. Despite a 2015 FBI investigation into the Fédération Internationale de Football Association (FIFA) that indicted more than twenty-five top FIFA officials and associates for alleged decades-long racketeering, wire fraud, and money laundering, international sport governance bodies remain compromised and U.S. athletes remain vulnerable. Corruption in sport has become an even more pressing concern following the U.S. Supreme Court’s May 14 decision declaring the Amateur Sports Protection Act unconstitutional, unleashing a sports gambling industry in the United States potentially valued at $400 billion. This lucrative and unregulated market may now be susceptible to the same globalized corruption that has come to define international sport. Panelists provided their insights into the structure of international sport, the globalization of sports gambling, and how to protect American sport from the corruption that has swept over the rest of the world.

  • December 1, 1991

    By Alexa Zouboukos, Intern On December 1, 1991, 84 percent of eligible voters in Ukraine exercised their democratic rights in a referendum on independence and the election of their president, peacefully transferring power after the long struggle of the Cold War. If the fall of the Berlin Wall signaled a symbolic end to the war, then Ukraine partaking in the democratic process was a concrete outcome. Three U.S. Helsinki Commission staffers sent to monitor the elections—Orest Deychakiwsky, Michael Ochs, and Heather Hurlburt—reported on the implementation of regulations that we recognize in today’s U.S. elections. Some of these regulations included the collection of a certain number of signatures for a candidate to be placed on the ballot, campaign finance laws, and the methodology for marking and counting ballots. Despite many accounts of a free and fair election, however, there were also indicators of information suppression. Helsinki Commission staff noted that there were reports of pro-independence literature being withheld from Crimea and Mykolaiv. Limits to the free flow of information were not the only threat Ukrainians faced, but also “dark warnings by Mikhail Gorbachev, by the central Soviet media and, to some extent, Russian media about the difficulties and dangers Ukrainian independence would pose to Ukrainians themselves, to their neighbors and to international stability.” These threats to the will of Ukrainian people did not dampen their spirits; in fact, according to the report, “many Ukrainians later told Helsinki Commission staff that such attempts to intimidate them only made them more determined to see their cause through to the end.” Ukrainian citizens demonstrated this determination through a landslide referendum. Three-quarters of participants voted in favor of independence. Helsinki Commission staff also observed a distinct feeling of festivity at polling stations, reinforced by the testimonies of Ukrainians previously imprisoned in Siberia who said that this day was the realization of a long-held dream of independence from the Soviet Union. Ukrainians were aware that there would be greater struggles ahead, but also recognized that these could be opportunities to exercise their new sovereignty. December 1, 1991 did not mark the end of Ukraine’s conflicts with Russia, but it did finally allow Ukrainians to exercise rights that were long suppressed under the Soviet yoke.

  • Corruption in Sport Focus of Upcoming Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: ALL BETS ARE OFF Gambling, Match-Fixing, and Corruption in Sport Tuesday, December 4, 2018 11:30 a.m. Russell Senate Office Building Room 188 Live Webcast: www.facebook.com/HelsinkiCommission Corruption—including bribery, doping fraud, and match-fixing—permeates international sport. Despite a 2015 FBI investigation into the Fédération Internationale de Football Association (FIFA) that indicted more than twenty-five top FIFA officials and associates for alleged decades-long racketeering, wire fraud, and money laundering, international sport governance bodies remain compromised and U.S. athletes remain vulnerable. Corruption in sport has become an even more pressing concern following the U.S. Supreme Court’s May 14 decision declaring the Amateur Sports Protection Act unconstitutional, unleashing a sports gambling industry in the United States potentially valued at $400 billion. This lucrative and unregulated market may now be susceptible to the same globalized corruption that has come to define international sport. Panelists will provide their insights into the structure of international sport, the globalization of sports gambling, and how to protect American sport from the corruption that has swept over the rest of the world. The following panelists are scheduled to participate: Declan Hill, Professor of Investigations, University of New Haven David Larkin, U.S. lawyer; co-founder of ChangeFIFA Marko Stanovic, Balkan-based former match-fixer Alexandra Wrage, President and CEO, TRACE International; former member of FIFA’s failed Independent Governance Committee

  • Helsinki Commission Leaders Regret Closure of Central European University in Budapest

    WASHINGTON—Ahead of the impending December 1 closure of Central European University in Hungary, Helsinki Commission Chairman Sen. Roger Wicker (MS) and Ranking Senate Commissioner Sen. Ben Cardin (MD) issued the following statement: “We regret that Central European University (CEU) in Budapest will cease its operations in Hungary because of restrictions imposed by the Government of Hungary. Since its founding after the fall of communism, CEU has symbolized the renewal of academic freedom, Hungary's robust intellectual traditions, and the ties between Hungary and the rest of the world. With CEU’s closure, the Government of Hungary is shuttering a highly successful economic enterprise and an institution of higher learning that has earned respect around the world. “We commend Ambassador Cornstein for his efforts to foster a successful outcome. Although CEU met every condition demanded of it, the Hungarian Government was resolved not to take ‘yes’ for an answer.  At a time when this administration has worked to forge closer ties with Hungary, the Government of Hungary is taking an isolationist step, and Hungarians will lose this U.S.-accredited institution.” In 2017, the Hungarian legislature adopted a higher education law known as “Lex CEU,” which established criteria for universities operating in Hungary that award foreign-accredited degrees. In practice, the law affected only CEU. At the 2017 OSCE Parliamentary Assembly (PA) in Minsk, Belarus, parliamentarians from OSCE participating States expressed concern about the legislation, which “risk[s] undermining academic freedom, inhibiting research and development, and impeding scientific advancement.”

  • First Person: Faces of Ukraine

    By Rachel Bauman, Policy Advisor In the ongoing war in Donbas, now entering its fifth year, most of the people on the front lines—in some cases, literally—of Ukraine’s struggle for democracy and sovereignty go unnoticed. Minorities like Roma also often have special challenges that must be comprehensively addressed in Ukraine as well as Europe more broadly.  To meet some of these Ukrainians and hear their stories firsthand, I, along with my colleagues Mark Toner and Alex Tiersky and Dr. Cory Welt of the Congressional Research Service, traveled to Ukraine to gain a more nuanced understanding of war, politics, and everyday life in Ukraine. We were up before dawn for our first working day in Ukraine to make our way from the Kiev train station to Kramatorsk, a small industrial city in Donetsk Oblast that was briefly occupied by Russian-led forces in the early days of Russia’s war against Ukraine.  Kramatorsk and its surrounding regions are home to many internally displaced persons (IDPs) forced out of their homes by frequent shelling along the contact line separating Ukrainian government-controlled areas and Russian-occupied territories.  Our first meeting that day vividly illustrated the destruction this senseless war has unleashed on the lives of average Ukrainians.  Together with representatives of the International Organization for Migration (IOM), which receives generous support from the U.S. Government, and U.S. Ambassador to Ukraine Marie Yovanovitch, we heard stories of struggle, tragedy, and resilience from some recipients of this aid. One man told us that the cash-based assistance he received helped him make vital repairs to his car and house and buy clothing and food for his six children.  Two sisters expressed their gratitude for the small business grant they received, which allowed them to start anew when they realized they could not return to their home in Horlivka.  A tearful single mother recounted her struggle to subsist after her house was destroyed.  Another woman described the terrible nights spent in her basement seeking shelter from shelling.  All of them talked about the difficulties they faced—from long lines in harsh weather conditions to landmines and shelling—when trying to visit their families and homes on the other side of the contact line.  Despite these traumatic and life-altering circumstances, the support of the United States and international and local religious programs have enabled these IDPs to start a new life in another part of Ukraine. Our meeting with IDPs in Kramatorsk, Donetsk Oblast, along with U.S. Ambassador to Ukraine Marie Yovanovitch We learned more about the conditions of IDPs in Kramatorsk from city representatives.  The group expressed their concerns about the high rent and limited housing opportunities in Kramatorsk that make it hard for IDPs to live there permanently.  Of the 70,000 IDPs registered in Kramatorsk (a city of originally 120,000), only 50 percent live in the city. The other half are registered for benefits but continue to live in their homes along the line of contact or in the occupied zones. Those who live on the Russian-controlled side of the contact line must endure the arduous task of monthly travel to the other side to collect their benefits, including pensions. Crossing the line has become so dangerous and stressful that some of the IDPs we met earlier said that, although they had friends and family on the other side of the contact line, they have stopped trying to cross it. We were as impressed by the resiliency of these displaced people and the NGOs that have sprung up to help them with their legal and humanitarian needs as we were struck by the bleak outlook so many of them have for a peaceful, prosperous future. I also visited a small town about two hours from Kyiv with a sizeable Romani population to hear from the people themselves what it is like to live as a minority group in rural Ukraine.  The brisk weather and overcast sky mirrored the gloominess and poverty of the town compared to Kyiv.  Since we arrived early, a Romani woman invited us into the small house where she lived with her partner and nine children.  She explained that she was having difficulty securing government benefits for her children, who were already living in poverty.  She watched over the house and children, and her partner had a chronic disease which rendered him unable to work, so they survived thanks to the charity of several religious organizations and the government payments they received.  I heard similar stories about troubled relations with the regional and national governments from other members of the Roma community.  We met in the town library, a small, worn-down Soviet relic with no indoor plumbing that also serves as a local government office.  A portrait of Ukrainian President Petro Poroshenko and the Ukrainian trident adorned the wall behind the desk in the room.  A group of local Roma, some with small children, came in and sat down, speaking among themselves in Russian and Ukrainian.  A colleague from the U.S. Embassy and I introduced ourselves and began to ask questions about life for Roma in the town.  Everyone in the room insisted that they had no problems with their non-Romani neighbors, but noted that unemployment was a persistent problem; most adults in the group were illiterate or had only an elementary-level education.  Women generally tended to the children and the home, and the men foraged for mushrooms and berries or picked through trash for scrap metal and empty bottles.  They said that all their school-age children, in spite of their difficult circumstances, were enrolled in the local school.  Some mothers complained of discriminatory treatment toward Roma children in schools but emphasized that this meant slightly preferential treatment for non-Roma children rather than outright abuse.  They vehemently denied experiencing any incidents of nationalist violence in their isolated village, like those that have occurred in and around larger cities like Lviv and Kyiv. One of the Romani women that we met with invited us into her home, which she shares with her partner and nine children The group became visibly agitated when discussing their relationship with the government and their attempts to receive social services.  To receive these services, they need to file a declaration of income; since their incomes are typically irregular, government officials will write in a higher income than exists in reality, affecting their social payments.  Those who are illiterate are easily taken advantage of by regional officials (“they laugh at us,” one woman said), and often must sign documents they don’t understand.  Demands of some government officials for bribes also impede equitable access to social services for those who cannot afford to pay, one person mentioned.  There were mixed responses about healthcare access.  One man said that he had been denied hospitalization three times, but most others claimed they had no problems, and all the women who were mothers had given birth in the nearest hospital.  The village library where we met with members of the Romani community This group of Roma has a great advocate in the form of Valentyna Zolotarenko, who accompanied us on our visit.  She lives in Kyiv and serves as a liaison between Roma communities and the national government, representing their interests with care, understanding, and firmness.  Local government has also done a good job of ensuring that members of the Romani community have citizenship papers and proper documentation.  A local official who is particularly invested in the community told us upon departing of her personal concern for Roma in her town.  “I imagine how it would be if I were the one being treated this way,” she told us in Russian.  “I cannot simply do nothing—these people are people just like you and me.” Throughout our trip, we met numerous such people who are invested in the fight for Ukraine’s future, whether through civic activism, politics, or business.  We saw victims of a cruel and unnecessary conflict instigated and perpetuated by Russia, but we also saw courage, resilience, and a sense among civil society that there could be no turning back on human rights and other reforms.  It was an honor to witness the good work that Ukrainian NGOs, many supported with U.S. assistance, are doing to make a clear difference in the lives of others.

  • Belarus Reality Check

    On October 22, 2018, over 50 international analysts, practitioners, diplomats and policymakers gathered in Vilnius, Lithuania, for the eighth Belarus Reality Check, a full-day review of the Belarusian economy, political and human rights developments, and changes in the regional security situation in and around Belarus. Former Helsinki Commission Senior State Department Advisor Scott Rauland joined representatives of the IMF, the World Bank, Lithuania’s Foreign Ministry, the EU Ambassador to Belarus, and dozens of analysts from Belarus, Lithuania, Latvia, Poland, Ukraine, Germany, and other European nations for the event. Political Developments in Belarus During the first panel, presenters noted that sovereignty and stability remain top priorities for the Government of Belarus. Despite a great deal of work by the OSCE’s Office of Democracy Institutions and Human Rights (ODIHR) in recent years, its recommendations to improve Belarusian elections have still not been implemented, and panelists were skeptical that any action would be taken before parliamentary and presidential elections scheduled for 2020.  Although the Belarusian political opposition remains divided and marginalized, several panelists believed that support for the opposition is growing.  Unfortunately, there was consensus that Russian malign influence in Belarus is also growing, primarily via Russian exploitation of social media platforms in Belarus. The Belarusian Economy The second panel featured four presentations that examined challenges facing the Belarusian economy and analyzed the country’s agonizing choice between beginning long-overdue reforms or remaining dependent on Russian subsidies for oil and gas to shore up failing state-owned enterprises (SOEs).  Panelists pointed out that— due largely to those subsidies—the Belarusian economy has fared better than many of its neighbors for years, and that Belarusians enjoy a better standard of living than a number of their Eastern European counterparts.  Polling by the IPM Research Center has shown that a top priority for Belarusians, and thus for the Government of Belarus, is low inflation.  According to the same study, most Belarusians are satisfied with the current state of affairs. Should the subsidies end, Belarus could face a true crisis.  Belarusian Foreign Policy The final panel discussed Belarusian relations with its neighbors—strangely including China, but omitting the U.S.  Positive trend lines were noted for Belarusian relations with all major countries except Russia, and international organizations have demonstrated increased interest in Belarus. In particular, OSCE Secretary General Greminger visited Belarus for a third time in 2018.  Anaïs Marin of France, recently appointed as UN Special Rapporteur on Belarus, remarked that progress had been made by Belarus on its 2016 National Action Plan on Human Rights, but described continuing Belarusian support of the death penalty as something that required continued scrutiny by the international community.  One analyst took EU policy to task for “aiming at progress, not results.”  Russian policy in Belarus, he claimed, is intended to produce results—namely, to keep Belarus under control and on a short leash.  Another panelist described the conundrum of trying to contain Russian influence in Belarus: “We can’t get rid of Russian influence (money) in Latvia or London; how can we expect to get them out of Belarus?” In a concluding question and answer session, Rauland—who served as charge d’affaires at the U.S. Embassy in Minsk from June 2014 through July 2016—asked the panel to comment on the diverging EU and U.S. strategies on Belarus, noting that the EU had decided to lift sanctions on Belarus completely in 2016, while the U.S. had merely suspended them while awaiting further improvements in human rights.  The panelist who responded to that question described EU policy as a mistake, noting that political prisoners had been released (the event which triggered sanctions relief by the EU), but that their civil rights had not been restored, something he felt should have been a condition for the EU completely lifting sanctions. Answers to a question earlier in the day, asking whether panelists were optimistic about the future for Belarus, may have captured the range of views of the participants best of all.  “Yes,” replied the first to answer.  “I’m ‘realistic’ about progress,” replied the next panelist.  “And I’m an optimistic realist,” concluded the third. The event was organized by the Eastern Europe Studies Centre with the support of USAID, Pact and Forum Syd, together with programmatic contributions from the Carnegie Endowment for International Peace.

  • Who's Afraid of Civil Society?

    By Erika Schlager, Counsel for International Law “How will you mark the anniversary?” That’s what Timothy Garton Ash asked dissident playwright Vaclav Havel 30 years ago, prior to the 70th anniversary of the Czechoslovak state. The answer? A symposium on the incidence of the number “eight” in Czechoslovak history: 1918 (the creation of the modern Czechoslovak state), 1938 (Nazi Germany’s invasion of Czech lands), 1948 (the Communist takeover), 1968 (the Soviet-led Warsaw Pact invasion that crushed the Prague Spring) . . . and 1988. As a junior Helsinki Commission staffer, I attended that symposium. It was my first solo trip for the Commission. At the time, the 35 signatories of the Helsinki Final Act were meeting in Vienna to review the implementation of the Final Act, negotiate new commitments, and schedule future meetings. Czechoslovakia—the Czechoslovak Socialist Federal Republic, to be more precise—had proposed holding a future meeting in Prague as part of the Helsinki process work on economic cooperation. And why not? Budapest, the capital of another one-party communist state, had managed to become the host for a cultural forum in 1985. In Vienna, the Soviet delegation had boldly proposed holding a follow-up meeting on human rights in Moscow. However, Czechoslovakia—unlike Hungary, Poland or even the Soviet Union under Gorbachev—remained a firmly hardline communist regime through the 1980s, with significant restrictions on civil society.  According to the U.S. Department of State at the time, freedom of assembly was severely restricted. Efforts to hold independently organized meetings or demonstrations systematically resulted in arrests, criminal prosecutions, assaults on persons attempting to hold such events, sometimes using water cannon, dogs, tear gas and truncheons.  Nevertheless, as the Prague symposium approached, the United States had still not taken a position in Vienna on the Czechoslovak proposal. Earlier in the year, authorities in Czechoslovakia disrupted efforts by independent peace activists to hold a meeting in Prague by refusing to allow foreigners to enter the country to participate. If Czechoslovakia was unwilling to allow openness and access at such meetings, was it fit to serve as the host of a Helsinki process follow-up meeting? The November meeting would be kind of a test. My handler from the U.S. Embassy welcomed to my visit. The United States had recently declared a Czechoslovak diplomat in Washington persona non grata for actions inconsistent with his diplomatic status, a euphemism for spying. The U.S. Embassy, then led by Ambassador Shirley Temple Black, assumed it was only a matter of time before the Czechoslovak regime would kick an American out of Prague in retaliation. The embassy thought it might avoid that outcome if it cut off ties with dissidents. My visit gave the embassy’s political officer an opportunity to resume those ties.  Still, he warned me, I might be the convenient target of retaliation. Czechoslovakian authorities allowed foreign participants to attend the symposium, but by the time my plane landed, the principal organizers of the event, including Vaclav Havel, had been arrested. I was deposited at the Hotel Jalta, along with  others who had come from abroad to participate. The small black and white television in my room had a neatly typed card in front of it that said in English, “Do not attempt to change the station.” I spun the dial at every opportunity.  This is where I first met Max van der Stoel, the former Dutch Foreign Minister and man of inestimable integrity who later became the OSCE High Commissioner on National Minorities.  Eventually, Vaclav Havel was released, and I met with him and other dissidents before heading to a “parallel” symposium on “8s” organized by exiles in Vienna. In Vienna, I also reported to the head of the U.S. delegation to the Vienna Follow-up Meeting, Ambassador Warren Zimmerman, about the events in Prague. On November 15, 1988, Ambassador Zimmerman announced the U.S. position on the Czechoslovak bid to host a follow-up meeting, noting that the lack of openness and access made U.S. endorsement impossible: . . . [T]he pattern of repression in Czechoslovakia, together with the persistent efforts of the Czechoslovak delegation to secure approval for Prague as host of an economic follow-up, lead me to state for the record the U.S. position on the candidacy of Czechoslovakia . . .  [A] prospective host should reflect commitment to openness and access, for its visitors and for its own citizens, that has been so well exemplified by the government of Austria at the Vienna meeting. By this simple and reasonable standard, the government of Czechoslovakia fails – and fails abysmally. For that reason, the United States will not join any proposal that any post-Vienna meeting be held in Czechoslovakia. That decision is irrevocable; it will not be subject to review or change during the life of the Vienna meeting. In June 1989, an American diplomat – my control officer for the November symposium – was declared persona non grata by the Czechoslovak authorities, in retaliation for the U.S. expulsion of another Czechoslovak diplomat from Washington, and expelled one-month short of the end of his three-year tour. In November 1989, the communist police violently broke up a peaceful pro-democracy demonstration and brutally beat many student participants. They also planted a false story in the opposition that a student demonstrator had been beaten to death. The secret police thought they would be able to reveal that the opposition report of a fatality was false and thereby discredit the growing dissident movement. Their plan backfired. Instead, as journalist Mary Battiata wrote, “a half-baked secret police plan to discredit a couple of dissidents apparently boomeranged and turned a sputtering student protest into a national rebellion.” The United States continues to advocate for openness and access for civil society at meetings organized in the Helsinki process.  Hopefully, it will continue to do so with the same firmness and determination it did 30 years ago.

  • Chairman Wicker Welcomes Release of Pastor Andrew Brunson

    WASHINGTON—Following the court-ordered release of U.S. pastor Andrew Brunson from house arrest in Turkey today, Helsinki Commission Chairman Sen. Roger Wicker (MS) issued the following statement: “I welcome the release of Pastor Brunson from house arrest and look forward to his return to the United States. The charges against him are baseless, and he should never have served a single day in jail. Thousands of Americans have been praying for this outcome. While this is a positive step by the Government of Turkey, I again urge the administration not to lift the Global Magnitsky sanctions currently in place on Turkish officials involved in the ongoing, unjust detention of American citizens and consulate employees. There is no room in NATO for hostage-taking.” Pastor Brunson was first detained by Turkish authorities on October 7, 2016, and subsequently charged with supporting a terrorist organization and committing espionage. He was transferred to house arrest this July after more than a year in prison. Several other American citizens, including NASA scientist Serkan Gölge, and two Turkish employees of U.S. consulates have also been detained and charged with terrorism offenses with no evidence to support the claims. A third consulate employee remains under house arrest on dubious charges. In September 2018, Chairman Wicker called for U.S. sanctions on Turkey’s justice and interior ministers to continue until all wrongfully detained Americans and locally employed staff of U.S. consulates in Turkey are free. Ending these unjust detentions would be the next step in reestablishing positive relations between the United States and Turkey. In November 2017, the Helsinki Commission held a hearing on the detention of American citizens and U.S. consulate employees in Turkey. A month earlier, Helsinki Commission leaders called on President Erdogan to lift the state of emergency imposed in July 2016 after the failed military coup against his government. Turkey ended its two-year-long state of emergency in July 2018, but shortly thereafter the Grand National Assembly approved legislation enshrining many of President Erdogan’s controversial emergency decrees. Ahead of the May 2017 meeting between President Donald Trump and Turkish President Recep Tayyip Erdogan, Helsinki Commission leaders also urged President Trump to seek guarantees that U.S. citizens and locally employed staff jailed in Turkey will have their cases promptly and fairly adjudicated.

  • Incorporation Transparency

    “Steal in Russia and spend in the West” is how Kremlin critic Vladimir Kara-Murza describes the behavior of Russian President Vladimir Putin and his associates. A similar principle has become commonplace in most authoritarian regimes. Countries in which the rule of law is strong find themselves at risk from ill-gotten gains that autocrats have hidden within their borders. Not only does this make them complicit in the perpetuation of corruption abroad, but it also provides hidden “sleeper capital” through which autocrats and their cronies can exert influence domestically. The countries in which money is most often hidden—the United States, the United Kingdom, and many countries of the European Union, especially France and Germany—have a strong rule of law system and desirable markets. In their large cities, representatives of autocratic systems can purchase real estate, retain lawyers and PR firms to conduct influence operations and reputation laundering, and access elite circles and high society thanks to their illicit wealth. However, in the last few years, these countries have become more aware of the infiltration of their markets by authoritarian finance and have taken steps to curb its flow into their borders. They have sought to fortify themselves through a variety of measures, including beneficial ownership transparency (BOT). BOT is a government policy which requires incorporated entities to report their “beneficial owners”: the real individuals who ultimately enjoy the benefits of ownership of a company or property, or the underlying asset of value. Beneficial ownership data is then available to law enforcement or the public. This is vital to transparency because, in many jurisdictions, beneficial owners do not necessarily need to be listed on legal paperwork—they may list “nominee owners” who hold assets on their behalf. While anonymous shell companies have legitimate uses, they are often abused to launder money. Autocrats can create a chain of such companies across many jurisdictions, evading law enforcement and moving stolen money from company to company until that money is nearly untraceable. At that point, the money is considered “washed” and can be used for all manner of ostensibly legitimate purposes. Download the full report to learn more. Contributor: Paul Massaro, Policy Advisor

  • Politically-Motivated (In)Justice

    Since 2008, Lithuanian judge and parliamentarian Neringa Venckiene has been seeking justice for her young niece, who was allegedly sexually molested by two Lithuanian government officials. Despite a court ruling that there was enough evidence to indict the child’s mother for facilitating the molestation, the niece was taken from Judge Venckiene and returned to the mother’s care, preventing the girl from testifying further in an ongoing trial against her alleged abusers.  In 2013, Judge Venckiene fled Lithuania to seek political asylum in the United States, fearing retribution not only for her efforts to protect her niece but also for her leadership in a new anti-corruption political party.  Lithuanian prosecutors have charged Judge Venckiene with at least 35 crimes, ranging from petitioning the court on her niece’s behalf, to speaking to journalists about the case, to bruising an officer during her struggle to keep her niece from being returned to the accused mother. Five years after arriving in the United States, Judge Venckiene’s political asylum case has still not been heard, but U.S. authorities are moving to extradite her under the U.S.-Lithuania extradition treaty for bruising the officer who was returning the girl to the accused mother during the trial.  The hearing explored the limits of extradition among allies, especially when charges appear politically motivated. Witnesses discussed the evidence of political motivation, including statements made publicly by the recent Chairman of the Lithuanian Supreme Court calling Judge Venckiene “an abscess in the judicial and the political system,” and “the trouble of the whole state.” Several witnesses argued forcefully that these and other actions by Lithuanian authorities demonstrate blatant political motivation.  Dr. Vytautas Matulevicius, a member of the Seimas from 2012 to 2016 for the anti-corruption political party led by Judge Venckiene said, “...[T]he case of N. Venckienė itself can be regarded as a typical recurrence of the Soviet legal system—a person who talks too much about the crimes of influential people can be turned into a criminal herself.”  Human rights litigator Abbe Jolles calling Judge Venckiene’s extradition to a system with “no chance of a fair trial” a “likely death sentence.” The hearing examined other lenses through which to view the legal case for extradition. Law Professor Mary Leary explored the definitions of human trafficking established by Trafficking Victims Protection Act of 2000 (P.L. 106-386) and by the Palermo Protocol. She advised that [as has been alleged], “if evidence exists that the abusers provided financial and other benefits to the mother of the child victim, this child sexual abuse could also implicate child sex trafficking.”    Concerns were also raised about the humanitarian standards of the Lithuanian prison system. As Ms. Jolles noted, several countries have previously refused Lithuanian extradition requests over concerns of unacceptable conditions and the possibility of torture.  In addition, the United States cited Lithuania in a 2017 report for prison conditions below international standards. The litany of charges against Judge Venckiene that have been added and subtracted was also considered. In particular, the legitimacy of the charge of assaulting a police officer during the seizure of her niece was questioned.  It remains unclear why Lithuanian prosecutors did not arrest Judge Venckiene while she was living in Lithuania for a year after the alleged assault, or why they would have allowed an alleged felon to immigrate to the United States and reside there for over two years before eventually filing for her extradition.  This, again, suggested the possibility of political motivation behind the charges. The Government of Lithuania was invited to participate in the hearing, or to suggest a witness to represent its perspective, but declined. Instead, the Embassy of Lithuania provided a written statement.

  • Helsinki Commission to Explore Extradition Case of Lithuanian Judge Neringa Venckiene

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: POLITICALLY-MOTIVATED (IN)JUSTICE? THE EXTRADITION CASE OF JUDGE VENCKIENE Thursday, September 27, 2018 2:00 p.m. Rayburn House Office Building Room 2261 Live Webcast: http://www.youtube.com/HelsinkiCommission Since 2008, Lithuanian judge and parliamentarian Neringa Venckiene has been seeking justice for her young niece, who was allegedly sexually molested by two Lithuanian government officials. Despite a court ruling that there was enough evidence to indict the child’s mother for facilitating the molestation, the niece was taken from Judge Venckiene and returned to the mother’s care, preventing the girl from testifying further in an ongoing trial against her alleged abusers. In 2013, Judge Venckiene fled Lithuania to seek political asylum in the United States, fearing retribution not only for her efforts to protect her niece but also for her leadership in a new anti-corruption political party. Lithuanian prosecutors have since charged Judge Venckiene with at least 35 crimes, ranging from petitioning the court on her niece’s behalf, to speaking to journalists about the case, to bruising an officer during her struggle to keep her niece. Five years after arriving in the United States, Judge Venckiene’s political asylum case has still not been heard, but U.S. authorities are moving to extradite her under the U.S.-Lithuania extradition treaty. The hearing will explore the limits of extradition among allies, especially when charges appear politically motivated. Witnesses will also discuss whether the bilateral extradition treaty would protect Judge Venckiene from additional charges and civil suits if she were extradited. Witnesses scheduled to testify include: Karolis Venckus, Son of Judge Neringa Venckiene Dr. Vytautas Matulevicius, Member of Lithuanian Parliament, Way of Courage Party (2012-2016) Abbe Jolles, Esq., International Human Rights Litigator, AJ Global Legal Professor Mary G. Leary, Catholic University of America, Columbus School of Law

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