Helsinki Commission Leaders Call on Belarusian Authorities to Release Journalists, Political PrisonersTuesday, April 13, 2021
WASHINGTON—In response to the ongoing crackdown on journalists and civil society in Belarus, including the detention of RFE/RL consultant Ihar Losik for almost 300 days on spurious charges, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “Despite Aleksandr Lukashenko’s attempt to intimidate Belarusians, the resounding call for freedom and democracy in Belarus has been heard around the world. Ihar Losik, Katsiaryna Barysevich, Dzianis Ivashyn, Katsiaryna Andreyeva, and Darya Chultsova are just a few of the brave Belarusian journalists who have been imprisoned for simply doing their jobs. “We stand in solidarity with the people of Belarus, and in admiration of the courageous journalists who provide critical information to their fellow citizens despite the serious risks they face. “We call on Mr. Lukashenko to release all political prisoners without exception, and to end the attacks against journalists, civil society, and all Belarusians peacefully exercising their rights.” Since the run-up to the fraudulent August 2020 election, and during the subsequent protests, Belarusian authorities have conducted a sweeping crackdown on journalists, civil society, and opposition politicians. Sen. Wicker immediately condemned the election results and violence against protestors in Belarus, and Rep. Alcee L. Hastings, then chairman of the Helsinki Commission, asked the U.S. administration to revoke access to the U.S. financial system for the nine largest state-owned companies in Belarus following the government’s violent suppression of peaceful protests. According to Belarusian human rights groups, there are now more than 350 political prisoners in the country. On March 31, the State Department announced that unless Belarus releases all political prisoners, the general license issued by the Treasury Department authorizing transactions with nine state-owned enterprises in Belarus will lapse in late April.
Russian Whistleblower Dr. Rodchenkov Discusses Rodchenkov Anti-Doping Act’s Impact as Tool against Corruption at Upcoming Tokyo OlympicsFriday, April 09, 2021
WASHINGTON—Dr. Grigory Rodchenkov, the former head of Moscow’s anti-doping laboratory who blew the whistle on Russia’s state-sponsored doping scheme, spoke out for the first time about the impact of the Rodchenkov Anti-Doping Act (RADA) during the latest episode of Helsinki on the Hill, the Helsinki Commission’s monthly podcast. Dr. Rochenkov called into the interview on a secure line from an undisclosed location to protect his safety and well-being. He discussed the blatant corruption that exists within the World Anti-Doping Agency (WADA), the International Olympic Committee (IOC), and the larger world of international sport. “Immediately and now, [the Rodchenkov Act] is a game changer… those people who were part of [the] conspiracy, they will tighten their security because of fear,” said Dr. Rodchenkov. “I know people who are core of the doping system...they are very clever. They are very good. Now they have some sort of Damocles sword above their heads. It’s absolutely different feelings and style of life. You were untouchable and not vulnerable before. Now you are [the] victim.” The upcoming Tokyo Olympics, slated to take place in late July after a one-year postponement, will be the first international athletic event since the passage of the Rodchenkov Anti-Doping Act (H.R. 835) last December, which established criminal penalties on individuals involved in doping fraud conspiracies affecting major international competition. The law empowers the U.S. Department of Justice for the first time to investigate and prosecute these rogue agents who engage in doping fraud, provide restitution to victims, and protect whistleblowers from retaliation. Passage of the bipartisan legislation was spearheaded by then-Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Commissioner Sen. Sheldon Whitehouse (RI) in the Senate and former Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) in the House of Representatives. Dr. Rodchenkov emphasized the role of whistleblowers in exposing those complicit to the system, since by criminalizing sports doping as corruption, whistleblowers are now protected under U.S. witness protection laws. “Whistleblowers are of the paramount activity for the future fight against doping,” he said. Sen. Whitehouse has lauded Dr. Rodchenkov’s own courage as a whistleblower. “Thanks to Dr. Rodchenkov, we have a clear understanding of how Russia weaponized doping fraud as a tool of foreign policy. After his visit to the Helsinki Commission three years ago, we decided to take action against the brazen corruption of Russia and other authoritarian states,” Sen. Whitehouse said. “The new law bearing Dr. Rodchenkov’s name is an important tool for cracking down on global corruption in international sports and addressing the economic, security, and human rights issues caused by these crimes.” In 2018, Dr. Rodchenkov met with Helsinki Commissioners Sen. Ben Cardin (MD), Sen. Cory Gardner (CO), and Rep. Jackson Lee to discuss the threat posed by Russia to the United States, corruption in international sports bodies, and how the United States could contribute to the international effort to counter doping fraud.
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Behind new law, the FBI is getting into anti-doping, but not everyone wants the helpFriday, April 09, 2021
Behind a new law it intends to wield like a “massive hammer,” the FBI is viewing this summer’s Tokyo Olympics as the first opportunity to expand its efforts to probe corruption in sporting events around the world. But given the reception the law received internationally when it was signed in December, the Summer Games instead might test whether U.S. investigators can expect cooperation or resistance from their global counterparts. The Rodchenkov Anti-Doping Act gives American prosecutors the ability to pursue anyone who conspires to cheat in major sporting events. Even before the law passed, Joseph Gillespie, the FBI’s unit chief overseeing transnational threats, launched the Sport and Gaming Initiative, focusing more attention and resources on investigating sports-specific crimes. He said investigators have met with Department of Justice officials and begun outreach with foreign law enforcement agencies and sports organizations to discuss ways to better police sports internationally. “We have this massive tool where it’s a codified thing that we can use to go after people,” Gillespie said. “You see lots of legislation come in, and sometimes it’s very loose and vague and not very expansive. This particular one, because of the elements, their definition of a major international sports competition, it’s quite expansive.” Born out of the Russia doping scandal, the law easily passed through Congress last year. But some international sports officials felt the United States was granting itself gratuitous powers, expanding its jurisdiction to any international sports event that includes an American athlete, is broadcast in the United States or features a sponsor that does business in the United States. The World Anti-Doping Agency railed against the bill, warning jurisdictional issues will complicate and undermine existing anti-doping efforts. The Tokyo Olympics could provide the first glimpse of how the law might be implemented, revealing the willingness of U.S. authorities to apply it, the level of cooperation they’ll receive from outside agencies and the hurdles inherent with enforcing extraterritorial laws. “These types of laws are helpful in terms of creating some kind of definition of the crimes. But their bark is often way worse than their bite,” said Mark A. Drumbl, director of the Transnational Law Institute at the Washington and Lee School of Law. “You can’t bring a case if you don’t have evidence. Without the transfer of people, information, witnesses, it leads to nothing.” The bill’s namesake, Grigory Rodchenkov, the whistleblower who helped expose the depths of the Russian scandal, said it will be needed in Tokyo, where Russia has been formally barred but dozens of Russian athletes will be allowed to compete as “neutral athletes from Russia.” In an email to The Washington Post, he said Russians “keep using doping as a weapon to test whether the international community will ever hold them to account.” “The Rodchenkov Act is now the ‘doping sword of Damocles’ hanging over the heads of the doping orchestrators who know that sooner or later they will be punished,” he said. “I do firmly believe that this law, and the U.S. Department of Justice and FBI, will bring a new day of real change, deterrence and justice to world sport.” ‘Absolutely inevitable’ Unique in the sports world, the Rodchenkov Act could be similar in practice to other extraterritorial laws, such as the RICO Act. The law equates doping with a form of fraud, victimizing athletes, sponsors and audiences who expect clean and fair competition. While the courts have helped define the reach and limits of other transnational laws, Congress tried to make the scope and reach of the Rodchenkov Act immediately clear. Paul Massaro, a policy adviser for the Helsinki Commission and a key architect of the legislation, has a background in anti-corruption, finance and trade and wanted a law that was practical and gave authorities proper guidance. In other sports-related cases — the FIFA investigation, for example — prosecutors have had to hunt for applicable pieces of the RICO and Travel acts. This law codifies the anti-doping crimes. “It is the real deal,” Massaro said. “It has real teeth, and we expect real enforcement. We expect real deterrence, and we have the capacity to do so. We’ve seen exactly this happen with all sorts of extraterritorial criminal law.” Massaro and Rodchenkov appeared this week on the “Helsinki on the Hill” podcast, one of the rare times Rodchenkov, the former head of Russia’s national anti-doping laboratory who now lives incognito in the United States, has spoken publicly. In the interview, he likened doping to a cancer that has metastasized over several years and said the world has “no remedy, no tool, no cannon or rifle to kill everything at once.” “Look, why Rodchenkov Act was inevitable? Because sport corruption and crime, they have close-link relations,” he said. “And if you take a helicopter view, what would we have in sport, we have several issues. It’s betting/gambling, sexism and doping. The first two issues, there are criminal laws and criminal things. So it was absolutely inevitable to bring criminal law enforcement into sport.” Passing a law and enforcing one are different matters. Extraterritorial criminal laws require cooperation at almost every level, Drumbl said, and even if the U.S. law is clearly defined, American authorities might need foreign support to vigorously pursue investigations. “Without the cooperation of other states — if the harm occurred somewhere else, if the information you need is somewhere else, if the wrongdoers are somewhere else — it’s just going to be hard in a practical, logistical sense to bring a case,” he said. “You need a lot of cooperation for this to work in a legal system. That’s the stuff that law makes more complicated. It’s not just politics. You’ve got to adhere to a whole set of standards.” Gillespie, too, says the FBI has had lengthy discussions with entities such as Interpol and the Council of Europe’s Network of National Platforms, in which more than 30 countries work together to probe sports competition. Known as the Group of Copenhagen, the multinational entity has relationships with organizations such as FIFA and the International Olympic Committee, and the FBI was among the agencies on-site at the 2019 Women’s World Cup, aiding real-time investigative efforts. “We need to increase our rapport and cooperation with the sporting organizations, those integrity elements,” Gillespie said. “And so to a certain extent, we have to kind of drop the FIFA in the past. That happened. We’re done. We’re not coming at you. We want to work with you to make sure that doesn’t happen within those organizations.” It’s not clear how much international sports organizations will welcome American authorities. WADA met with U.S. lawmakers last year to point out what it sees as problems with the legislation, and a spokesman said the organization’s position has not changed. “WADA as well as several governments and international sports organizations remain concerned that the Act could have a number of negative unintended consequences for the fight against doping in sport around the world,” WADA’s James Fitzgerald said in an email. “WADA continues to be ready and willing to assist the U.S. authorities in devising how best to implement the positive aspects of the Act without destabilizing the harmonized global anti-doping system.” Massaro said U.S. authorities won’t necessarily need the aid of organizations such as WADA to bring charges against bad actors. He notes that the Russian scandal unfolded under the watch of WADA and the IOC yet Russian athletes are still allowed to compete internationally. “The necessity will be minimal,” he said, “and honestly, in my opinion, it should be kept to a minimum. These organization are compromised, and they are part of the problem.” A test in Tokyo The FBI has been active in sports investigations in the past, but in establishing the Sport and Gaming Initiative last year, Gillespie said the agency was realigning resources, educating field offices and firming up relationships with sports organizations. In addition to international doping, he said, the FBI will have an interest in potential match-fixing and gambling-related crimes. He added the college sports arena could be especially vulnerable to corruption. He wants domestic and international leagues to know the FBI intends to be active in this space and hopes the network of extraterritorial laws discourages wrongdoers. He said the Justice Department’s Organized Crime and Gang Section has indicated an interest in pursuing cases built off the Rodchenkov Act. Justice Department officials did not respond to requests to comment. “Obviously, the application of it will be key,” Gillespie said of the new law. “The first couple of cases that come under it are going to be very key for setting a precedent on the interpretation of it.” It’s not clear what the FBI presence might be at the Tokyo Games. At the Women’s World Cup, the Group of Copenhagen operated a mini command post, which included the FBI and other agencies, and Gillespie said, “We want to see if we can apply that towards the Olympics and these other major institutions. “We feel that it would be a good selling point for the International Olympic Committee for them to advertise that there’s an integrity element as part of those Games,” he said. “… We’ll have to present that under the international umbrella because they may be fearful of us coming at them directly.” With competition schedules scuttled and training upended during the coronavirus pandemic, drug testing has been inconsistent throughout the sports world for more than a year, ramping up fears that the Tokyo Games will be ripe for abuse. Massaro said these Olympics amount to a “very, very serious test” and everyone will be looking to see if the United States is serious about assuming a role as a global watchdog. “If Russia is going to test the waters and do in Tokyo what they’re doing in Ukraine right now — testing the Biden administration by heating up conflict — they’ll want to test it in Tokyo, and we’ll have to be ready to push back with this law,” Massaro said.
Senator Ben Cardin Returns to Lead Helsinki CommissionWednesday, March 24, 2021
WASHINGTON—The Presiding Officer, on behalf of the Vice President, yesterday announced the appointment of Sen. Ben Cardin (MD) as chair of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, throughout the 117th Congress. "For 45 years, the Helsinki Commission has tirelessly defended human rights and democratic institutions at home and abroad. It has promoted the enduring value of multilateralism and fought to ensure that the United States lives up to our core values, remaining a beacon of hope to those who are oppressed. However, the most trying time in our history may be ahead of us,” said Chairman Cardin. Over the past year, the world has suffered the crippling impact of COVID-19, which has disproportionately affected our most vulnerable citizens and allowed some governments to exploit the pandemic to limit fundamental freedoms. Racist violence has once again reared its ugly head in many OSCE participating States, including our own. Corruption threatens peace, prosperity, and human rights across the region, and the Kremlin remains intransigent in its overt violence against its neighbors as well as its covert attempts to undermine democratic institutions elsewhere. These challenges may seem daunting, but my fellow commissioners and I will always fight to promote human rights and fundamental freedoms, encourage tolerance within societies, battle corruption, and defend the principles of liberty and sovereignty.” Chairman Cardin has been a Helsinki Commissioner since 1993 and previously chaired the commission in the 111th and 113th Congresses. He is an outspoken champion for human rights and throughout his career in public service has advocated for accountability and transparency measures to promote good governance and to combat corruption. Since 2015, Chairman Cardin has served as the Special Representative on Anti-Semitism, Racism, and Intolerance for the OSCE Parliamentary Assembly. Chairman Cardin is the lead author of the Sergei Magnitsky Human Rights Accountability Act, a law that imposes sanctions on Russian individuals and entities responsible for the death of Russian lawyer, Sergei Magnitsky, as well as individuals who commit gross violations of human rights against rights defenders in Russia. He also authored the Global Magnitsky Human Rights and Accountability Act, which gives the United States the power to deny travel and banking privileges to individuals worldwide who commit gross violations of human rights against rights defenders and dissidents, and leaders who commit acts of significant corruption. Most recently, Chairman Cardin and Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act, which would establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries and streamline work strengthening the rule of law abroad. Chairman Cardin also is one of the lead authors of Section 1504 of the Dodd-Frank Act, also known as the Cardin-Lugar Energy Security Through Transparency Act. The provision requires extractive companies listed on U.S. stock exchanges to disclose, in their SEC filings, payments made to governments for oil, gas and mining. Revenue transparency increases energy security and creates U.S. jobs by reducing the operating risk U.S. companies face. It also provides information so that people in resource-rich countries can hold their leaders accountable for the money made from their oil, gas and minerals.
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Corruption Is a National Security Threat. The CROOK Act Is a Smart Way to Fight It.Tuesday, March 23, 2021
Not long ago, America’s greatest adversaries were bound together by communist ideology. Today, they most often are defined by political corruption—authoritarian leaders using the levers of government to enrich themselves and ward off political opponents. Corrupt leaders cling to power through patronage networks and exploit rule-of-law jurisdictions, like the United States, to conceal and protect their stolen assets. These leaders are also accustomed to using strategic corruption as a tool of foreign policy. Corruption has its most perverse effects on the people who are forced to live under it. Corruption undermines democracy, hollows out the rule of law, and prevents the efficient and fair delivery of government services, as evidenced in the scandals affecting certain pandemic response efforts. Corruption also fuels the rise of authoritarian opportunists who seek to exploit social divisions, restrict freedom, and use public office for personal gain. Corruption also poses a wider threat to American democracy and prosperity, and to the prosperity of our allies. Almost every major transnational threat—such as human trafficking, black markets, and terrorism—is inextricably linked to corruption. Slowly but surely, the fight against corruption is gaining momentum worldwide. In Russia, corruption exposed by activist Alexei Navalny has sparked mass protests against a political elite that systematically steals from them. In the past three years alone, outrage against corruption has fueled protests in 32 countries. Despite these encouraging signs, opportunities to root out corruption remain rare—and when they arise, the window for action closes quickly. To have maximum impact in this fight, the United States needs to be ready to assist anti-corruption reformers on short notice. Seizing Opportunities for Reform The United States currently spends about $115 million a year on global anti-corruption programs. To put this in perspective, we spend $9.5 billion annually on global health assistance programs. Unfortunately, many of the funds we put toward anti-corruption efforts get trapped in multi-year technical programs that are unable to respond nimbly to sudden opportunities for governance reform. Scholars and practitioners have demonstrated that rapid action is crucial to making corruption reforms stick. When the rare window for reform opens, reformers must act quickly and boldly to capitalize on public momentum and prevent old-guard cronies from reasserting their influence. If the United States does not compete in these environments, fledging reformers will have an even harder time succeeding, and authoritarian kleptocrats will gain ground. The United States needs to be proactive in developing strategic relationships and agile programs that will keep us relevant in moments of historic opportunity. Last month, we introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act to upgrade America’s anti-corruption efforts by targeting kleptocracy at the source. The CROOK Act would create an anti-corruption action fund to help activists leverage public sentiment to achieve lasting reform, without any additional cost to taxpayers. The fund would be financed through a $5 million surcharge on entities found liable for $50 million or more in criminal fines and penalties under the Foreign Corrupt Practices Act (FCPA). Based on data from the last 10 years, this bill would put an additional $16 million per year toward global anti-corruption work. Funds would continue to accrue until a historic window of opportunity opens, at which point funds would be rapidly deployed to help establish the rule of law. Imagine if the United States had been able to inject more anti-corruption resources into Ukraine after the Revolution of Dignity in 2014, or Armenia after the 2018 Velvet Revolution, or Malaysia after its 2018 election. If the United States had been ready with an anti-corruption action fund, we could have dramatically amplified the work of courageous reformers to establish lasting change, and ultimately make the United States more secure. Leveraging FCPA fines and penalties to fight global anti-corruption is a long-overdue shift. The FCPA, passed in 1973, makes it illegal for a U.S. business to pay a bribe abroad and collects enormous fines and penalties every year—often in the billions of dollars. Yet historically, these fines have gone exclusively to the U.S. Treasury rather than being recycled into anti-corruption efforts. On issues like human trafficking and child pornography, the U.S. government already uses some money collected from perpetrators to aid victims and help fight the crimes committed against them. It is time for a similar approach to fighting corruption. Enhancing FCPA Enforcement The FCPA represents America’s commitment never to export corruption abroad. This draws a stark contrast with kleptocratic powers like China, a nation that exports corruption skillfully and aggressively through its Belt and Road Initiative. Regrettably, vigorous enforcement of the FCPA—though fully legal—has been a sticking point with some allies, who falsely claim it is a means to line American pockets. The CROOK Act would undercut these claims by redirecting a portion of fines and penalties collected to help U.S. partners fight corruption. The CROOK Act would also rebut a longstanding critique of the FCPA: that the U.S. unfairly targets private companies for offering bribes rather than targeting the source of demand for those bribes among foreign officials. The CROOK Act would create a more holistic approach by helping establish rule-of-law structures that would restrain officials from seeking bribes, resulting in a more level playing field for American businesses. The world’s most prominent anti-corruption advocates have all endorsed the CROOK Act, including Transparency International USA and the Financial Accountability and Corporate Transparency (FACT) Coalition. Like much of the legislation that has emerged from the U.S. Helsinki Commission on which we serve, this bill enjoys bipartisan support in both the House and the Senate. Fighting corruption is an imperative for the United States. As a beacon of liberty and the rule of law, it is our duty and the purest expression of our values. It is also a highly practical form of soft power that advances our national security. Allocating the right resources for this fight is a small price to pay for advancing good governance abroad and creating a more stable world. Passing the CROOK Act would be decisive step in the right direction.
Ten-Member Congressional Delegation Demonstrates Ongoing U.S. Engagement With the OSCEFriday, March 05, 2021
By Bob Hand, Senior Policy Advisor Approximately 270 parliamentarians from across the OSCE region gathered virtually from February 24 – 26 for the OSCE Parliamentary Assembly’s Winter Meeting, the first statutory meeting of the Assembly held since the COVID-19 pandemic limited inter-parliamentary diplomacy to online gatherings. The ongoing impact of COVID-19 on security, the economy, the environment and the human rights and democratic development of the 57 OSCE States remained the focus of the annual gathering. Supported by the U.S. Helsinki Commission, the U.S. Delegation remained actively engaged, fielding a bicameral, bipartisan delegation of 10 Members of Congress who participated remotely in the debates. Sen. Ben Cardin (MD) served as Head of the U.S. Delegation. The OSCE Parliamentary Assembly (PA) is an independent institution of the Organization for Security and Cooperation in Europe (OSCE) created in 1991 for parliamentarians to complement the inter-governmental work of the 57 participating States. Unlike other OSCE bodies, countries are represented based on population rather than each having a single seat at the table (the United States has the largest representation with 17 seats), and decision-making is based on a majority vote rather than consensus. The Annual Session each summer is the principal gathering, with a Winter Meeting in February and an Autumn Meeting in October to initiate and conclude the year’s work. Despite a busy congressional schedule, the members of the U.S. Delegation successfully raised critical country, issue, and institutional concerns, including the attempted poisoning and incarceration of Alexei Navalny, Russian aggression in Ukraine, the brutal crackdown in Belarus and corruption and authoritarian tendencies elsewhere in the OSCE region. Active U.S. engagement demonstrates the depth of U.S. commitment to European security, and reflects the importance of the OSCE PA as a vehicle for advancing U.S. interests and building support on issues like human trafficking, attacks on the media, manifestations of anti-Semitism, racism and intolerance, as well as country-specific concerns. Such a large delegation of Members of Congress reflected the diversity of opinion in the United States, setting an example of openness and honesty for others to follow, deflecting accusations of double standards on U.S. performance, and strengthening the message on human rights concerns in other countries where the Members of Congress can and do express a united view. Improvising Engagement Amid Pandemic Since 2002, Winter Meetings have been held in Vienna, Austria to facilitate direct interaction among parliamentarians, OSCE officials, and diplomatic representatives of the OSCE participating States. The Winter Meeting also allows the Assembly’s general committees to discuss work for the coming year. The outbreak of the COVID pandemic in early 2020 forced the cancellation of the Annual Session scheduled for July in Vancouver and the Autumn Meeting scheduled for October in San Marino. Without rules dealing with such situations, the OSCE PA Secretariat maintained inter-parliamentary engagement by organizing a dozen or more inter-parliamentary web dialogues from April into November to substitute for the traditional gatherings. While no replacement for traditional meetings, these unofficial events provided needed continuity and contact among delegates. First the first time in the history of the OSCE PA, no annual declaration was adopted, but the then-Assembly President George Tsereteli provided summaries of the web debates on relevant issues, a record of dialogue even in the midst of pandemic. The OSCE PA resumed election observation where possible and responded to political impasse within the OSCE itself by issuing a “Call for Action” urging a reaffirmation of the organization’s once common purpose. For 2021, the OSCE PA has been seeking to resume its regular meeting schedule, although conditions still required the Winter Meeting to be held remotely. Five sessions were scheduled during hours that best accommodated participants across some 16 time zones, from Vancouver to Ulaanbaatar. At the meeting of the Heads of Delegation, known as the Standing Committee, it was announced that the 2021 Annual Session would be unable to be held in person as planned in Bucharest, Romania, in early July. As a result, the Standing Committee amended the Assembly’s rules of procedure to allow statutory meetings to go forward online, including permitting elections for OSCE PA officers and other decisions to be handled remotely. Maintaining Focus on Substantive Issues and Concerns Beyond scheduling and procedures, the Standing Committee also looked at substance. Following reports from current OSCE PA President Peter Lord Bowness (United Kingdom), Secretary General Roberto Montella (Italy), and OSCE PA Special Representatives appointed to address particular concerns, there were heated exchanges between Azerbaijan and Armenia regarding Nagorno-Karabakh, as well as on Russian aggression against Ukraine and the brutal crackdown on protesting opposition in Belarus—issues that would be raised repeatedly throughout the meeting. Sen. Cardin, attending not only as Head of Delegation but also as Special Representative on Anti-Semitism, Racism and Intolerance, delivered a report on his activities, as did Rep. Chris Smith (NJ-04), who serves as the Special Representative on Human Trafficking Issues. “The coronavirus pandemic has created an unprecedented health crisis in the OSCE region, exacerbated by pre-existing inequities and disproportionately impacting people of color. Heightened anti-Asian discrimination, anti-Semitic conspiracy theories, and violent attacks targeting diverse populations have followed… My report details a response to these developments, as well as the global racial justice movement spurred by the tragic death of George Floyd.” Sen. Ben Cardin (MD), Head of U.S. Delegation, U.S. Helsinki Commission Rep. Smith noted, “Traffickers did not shut down during the pandemic—they simply adapted their methods. Meanwhile, vulnerable people were made even more vulnerable by both the virus and its deleterious impact on the global economy… As we worked to address these challenges, it was crucial to have information and recommendations based on real, concrete data.” The Joint Session of the General Committees effectively served as the opening plenary. President Bowness opened the session with a defense of principled-based dialogue, and guest speakers included Ann Linde, Sweden’s foreign minister and this year’s OSCE Chair-in-Office, as well as Helga Schmid (Germany), the OSCE’s new Secretary General. The chairperson outlined plans for 2021, asserting that the she will “prioritize the comprehensive concept of security across all three dimensions,” namely the Security, Economic and Human Dimension, which she argued “contributes to making the OSCE truly unique.” The Secretary General expressed her hopes to provide needed support for the organization and its mission, and she credited the OSCE PA for bringing emerging security issues into the OSCE debate. Sen. Cardin thanked the Assembly and its parliamentarians for their expressions of concern and support for the United States in light of efforts to delegitimize the November 2020 presidential elections and the related violent mob attack on the U.S. Capitol in January 2021. He also expressed support for the comments of Lord Bowness and the priorities announced by the Swedish Chair-in-Office, including to have the Human Dimension Implementation Meeting in 2021. “We must challenge those who are seeking to weaken the OSCE or aren’t living up to their commitments. That’s our priority as parliamentarians … and we must as parliamentarians support the mission of the OSCE and help strengthen it through our actions and our capitals,” he said. Finally, speaking on behalf of Rep. Alcee Hastings (FL-20), who was unable to attend, Sen. Cardin asked the Swedish chair about how the OSCE can engage Armenia and Azerbaijan in order to address outstanding issues and encourage a return to the Minsk Group settlement process to achieve a sustainable resolution of the conflict. Taking a Closer Look at the Security, Economic and Human Dimensions of OSCE Following the Joint Session, each of the three General Committees heard from OSCE officials in their respective fields, or dimensions, of OSCE work. Presenters included the ambassadors serving as chairs of the counterpart committees of the OSCE’s Permanent Council and the head of the OSCE’s Special Monitoring Mission in Ukraine. The three committees also heard from their respective rapporteurs on plans for drafting substantive reports that will be the basis of further activity at the Annual Session. Rep. Richard Hudson (NC-08), who chairs the General (First) Committee on Political Affairs and Security, noted the myriad of security and political issues confronting the OSCE during the past year, including the war in Ukraine, conflict in Nagorno-Karabakh, and political turmoil in countries of concern like Russia, Belarus, and most recently Georgia. “Our engagement with critical issues in the OSCE space has been consistent and impactful,” he concluded. Speaking during the session, Acting U.S. Assistant Secretary of State Phil Reeker called the erosion of the European security environment the “biggest challenge we face today in the organization” and highlighted U.S. plans for the Forum for Security Cooperation (FSC) during its four-month chairmanship. The Acting Permanent Representative of the United States to the OSCE and FSC chair, senior diplomat Courtney Austrian, was present for the discussion. Sen. Roger Wicker (MS) took the floor during subsequent debate to condemn Russian violations of Helsinki Principles in its aggression in Ukraine. He said that “Moscow must withdraw proxies in eastern Ukraine” and “respect Ukraine’s territorial integrity,” asserting that relevant sanctions will remain in place until that happens. Rep. Steve Cohen (TN-09) also responded to an intervention on youth and drugs by a delegate from Belarus, arguing that citizens need to be given greater freedom if young people are to feel a commitment to the country. Three other Members of Congress participated in the session of the General (Second) Committee on Economic Affairs, Science, Technology and the Environment, which covered issues ranging from corruption to climate change. Rep. Brian Fitzpatrick (PA-01) focused on addressing corruption. “It should come as no surprise to anyone … that legislatures have one of the most important roles to play in combating corruption—that of establishing a transparent and accountable legal and financial framework that empowers law enforcement officials and is maximally resistant to fraud,” he said. Sen. Sheldon Whitehouse (RI) said that the United States “is back” in efforts to combat climate change and noted recent U.S. legislation designed to address shell companies that support a global dark economy by sheltering “assets of thieves.” Rep. Gwen Moore (WI-04) spoke about the devastating impact of the pandemic on women in the healthcare industry as well as on small business, and she expressed concern about risks to supply chains and business ties to both China and Russia. Three Members of Congress also participated in of the General (Third) Committee on Democracy, Human Rights and Humanitarian Questions. Rep. Cohen asserted that human rights has reclaimed its place in U.S. foreign policy, and emphasized human rights in concerns in Russia, Belarus, and Hungary. He expressed particular concern about the poisoning and recent arrest of Russian opposition figure Alexei Navalny and called for Belarus to release political prisoners and to hold elections with OSCE observers. Rep. Marc Veasey (TX-33) took the floor in a later debate, responding to a report on the OSCE’s observation of the U.S. general elections in November 2020. He stressed the need for U.S. states that currently prohibit or restrict international observation to consider a more open approach and concluded that “our election officials and state legislators should read this report,” along with “any American who cares about his or her country. It is a broad snapshot of our entire electoral complex system that we have here.” Rep. Robert Aderholt (AL-04) raised concerns about discriminatory restrictions on religious assembly during the pandemic, as well as on the diminishing free media environment in many participating States. “Press freedom in the OSCE region has continued to decline as some governments are using economic, legal, and extra-legal tools to silence independent media and also to bolster loyal outlets and dozens of journalists are imprisoned in the OSCE region,” he said. “We’ve seen that in Russia, we’ve seen that in Belarus, we’ve seen that in Turkey, detaining scores of journalists in recent national protests.” There was one side event held in conjunction with the Winter Meeting, organized by the Norwegian Helsinki Committee in cooperation with the Lithuanian Mission to OSCE. Seven panelists in two sessions highlighted how international instruments—such as the Moscow Mechanism, Magnitsky-like legislation, the International Criminal Court, the European Court of Human Rights, and the promotion of a universal criminal jurisdiction—could increase accountability of state actors, support Belarus’ democracy movement, and deny financial safe havens to Russian kleptocrats. Belarusian opposition leader Sviatlana Tsikhanouskaya and Boris Nemtsov Foundation for Freedom chairman Vladimir Kara-Murza were among the event panelists. Assessing the Effort The virtual three-day, five-session Winter Meeting could not replace an in-person gathering in Vienna, a point frequently made by the parliamentarians themselves. However, it did allow for a resumption of constructive debate in the general committees and interaction among parliamentarians and other OSCE institutions, paving the way for a return to more traditional work as the year progresses. The need to cancel the Annual Session planned for July in Bucharest was a major disappointment, but the adoption of rules governing such emergency situations now permit some continuity of effort.
Helsinki Commission Leaders Welcome Sanctions on Russian Officials Implicated in Crimes against NavalnyWednesday, March 03, 2021
WASHINGTON—Following Tuesday’s announcement that the United States will impose sanctions on seven senior Russian figures implicated in Alexei Navalny’s poisoning and imprisonment, Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20), Sen. Roger Wicker (MS), Rep. Joe Wilson (SC-02) and Sen. Ben Cardin (MD) issued the following statements: “Our actions signal that we continue to stand with the Russian people,” said Rep. Hastings. “The United States will always defend those like Mr. Navalny who battle against the oppression of their fellow citizens, fight for basic freedoms, and offer a path to democracy.” “The Kremlin’s attacks on Mr. Navalny are meant to serve as a warning to any Russian who dares to defy Putin,” said Sen. Wicker. “The United States will not tolerate such threats against the human rights and fundamental freedoms of the Russian people without imposing serious consequences to deter Putin and his criminal regime.” “The Kremlin will insist that sanctions are anti-Russian. On the contrary, there is nothing more anti-Russian than authorities who cheat, harm, and steal from their fellow citizens,” said Rep. Wilson. “These sanctions provide a concrete check on the bad acts of Putin’s flunkies.” “Only in a free Russia can justice truly be served. Sanctioning perpetrators of the crimes against Mr. Navalny is a necessary first step,” said Sen. Cardin. “We must make it clear that the United States and our allies will not tolerate attempts by the Kremlin to silence its critics—whether through assassination, imprisonment, or harassment.” In August 2020, Alexei Navalny was the victim of an assassination attempt by the Russian 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 immediately was arrested. On February 2, 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 the European Court of Human Rights deemed arbitrary and unreasonable. Previous time served under house arrest reduced his prison time to two years and eight months. Navalny is likely to serve the remainder of his sentence at one of Russia’s most notorious penal colonies in the Vladimir region, about three hours east of Moscow.
Cardin, Wicker Introduce Bill to Counter Corruption and Promote Good GovernanceThursday, February 04, 2021
WASHINGTON—U.S. Senator Ben Cardin (D-Md.) and Senator Roger Wicker (R-Miss.), incoming Chair of the U.S. Helsinki Commission and Co-Chair, respectively, have re-introduced legislation that would elevate the federal government’s anti-corruption activities. S.158, the Countering Russian and Other Overseas Kleptocracy Act, or CROOK Act, would establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries and streamline work strengthening the rule of law abroad. “Vladimir Putin and other kleptocrats around the world seek to undermine democracy and hollow out the rule of law for their own personal gain. This bipartisan legislation would provide the authority and resources required to fight back against these reprehensible regimes,” said Senator Cardin, a senior member of the Senate Foreign Relations Committee. “Countering corruption and promoting good governance is a national security priority.” “There is no better indicator of the need to confront corruption around the world than Vladimir Putin’s disgraceful actions against democratic activist Alexei Navalny,” Senator Wicker said. “By targeting individual wrongdoers, this legislation would help to counter the influence of corrupt actors on the world stage, whether they be from Russia, China, or Venezuela. Any steps we can take to crack down on illegal practices and strengthen the rule of law are welcome.” The anti-corruption action fund established in the Cardin-Wicker legislation would assist countries where U.S. assistance could significantly increase the chances of successfully transitioning to democracy, combating corruption, and establishing the rule of law. For example, Ukraine in 2014, Ethiopia after the election of a new Prime Minister who instituted important reforms in 2018, or Armenia after the December 2018 parliamentary election. This no-year fund would establish a mechanism to allocate aid and take advantage of ripened political will more quickly. The monies for this fund would derive from a $5 million surcharge to individual companies and entities that incur Foreign Corrupt Practices Act (FCPA) criminal fines and penalties above $50 million. S.158 also would establish several complementary mechanisms to generate a whole-of-government approach to U.S. efforts to strengthen the rule of law abroad. These include an interagency taskforce; the designation of embassy anti-corruption points of contact to liaise with the task force; reporting requirements designed to combat corruption, kleptocracy, and illegal finance; and a consolidated online platform for easy access to anti-corruption reports and materials.
Cardin and Wicker Introduce Global Magnitsky Human Rights Accountability Reauthorization ActWednesday, February 03, 2021
WASHINGTON—U.S. Senator Ben Cardin (D-Md.), incoming Chair of the U.S. Helsinki Commission and author of the Global Magnitsky Human Rights Accountability Act, and Helsinki Commission Co-Chair Senator Roger Wicker (R-Miss.) have introduced the Global Magnitsky Human Rights Accountability Reauthorization Act (S. 93).The bipartisan legislation would extend U.S. sanctions against violators of human rights and corrupt actors so they do not escape the consequences of their actions even when their home country fails to seek justice for their victims. “The Global Magnitsky Human Rights Accountability Act has been a powerful tool in our global effort to protecting human rights and fight corruption. I thank Senator Wicker for working with me to strengthen the law as a message to abusers and kleptocrats who think they can act with impunity,” said Senator Cardin. “This reauthorization will send a clear signal of our national commitment to defending democratic values and the international rules and standards that enable us all to live peaceably together. When human rights abusers and kleptocrats violate these norms, it is incumbent upon us to create concrete consequences.” “When it was introduced, the Global Magnitsky Human Rights Accountability Act was a groundbreaking tool for combating human rights abuses and corruption around the world,” Senator Wicker said. “Since then, the law has helped to hold the worst violators accountable no matter where they are. I look forward to working with Senator Cardin to make this legislation permanent, so that the U.S. can continue to defend human rights abroad.” Actions taken under the Global Magnitsky Human Rights Accountability Act continue to demonstrate the reach, flexibility, and broad scope of the Global Magnitsky authorities. The United States responded to serious human rights abuses and corruption globally, addressing some of the most egregious behavior this tool can attempt to disrupt and deter. These actions targeted, among other things, serious human rights abusers affecting millions of members of Muslim minority groups in northwest China’s Xinjiang province; corrupt actors in South Sudan involved in draining the country of critical resources; and Ugandan officials engaged in an adoption scam that victimized Ugandan-born children. These designations clearly demonstrate the importance of this tool, when appropriate, to target individuals and entities engaging in specified conduct. The Global Magnitsky Human Rights Accountability Reauthorization Act (S. 93) seeks to harmonize the original Act (Title XII, Subtitle F of P.L. 114-328; 22 U.S.C. §2656 note) with Executive Order 13818 by: Removing the victim status requirement to ensure no victim is excluded; Adopting the “serious human rights abuse” and “violation of internationally recognized Human rights” standards to expand the actors and abuses eligible for sanctions; Simplifying the standard for corruption offenses; Supplementing the activity-based targeting standard with a status-based standard; and Allowing for the sanctioning of immediate family members. S. 93 calls for a report on the steps taken through diplomacy and assistance to foreign or security sectors to address persistent underlying causes of serious human rights abuses, violations of internationally recognized human rights, and corruption in each country in which foreign persons have been subject to sanctions. It also repeals the sunset clause in the original legislation.
Hastings Deplores Sentencing of Alexei NavalnyTuesday, February 02, 2021
WASHINGTON—Following the sentencing of Alexei Navalny to two years and eight months in a Russian penal colony, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “Those who uncover the Kremlin’s corruption and demand more accountable government for the Russian people often pay with their freedom—or their lives. After the scheme to kill Alexei Navalny failed, Putin is now trying to silence him with a prison sentence. This mockery of justice is a grave insult to Mr. Navalny and to all Russians who wish to exercise their freedoms without fear of abuse.” On February 2, 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 the European Court of Human Rights called “arbitrary and unreasonable.” Previous time served under house arrest will reduce his prison time to two years and eight months. On January 29, Helsinki Commission leaders condemned Navalny’s detention in Moscow upon his return from Berlin, where he was recovering from an assassination attempt by the Russian FSB.
Cardin Condemns Sentencing of Russian Opposition Leader Alexei NavalnyTuesday, February 02, 2021
WASHINGTON—U.S. Senator Ben Cardin (D-Md.), a senior member of the Senate Foreign Relations Committee and author of the Global Magnitsky Human Rights Accountability Act, issued the following statement in response to the sentencing of Russian opposition leader Alexei Navalny. “The Russian court case we just witnessed against Alexei Navalny was a farce beyond compare. Mr. Nalvany’s sentence to 2 1/2 more years in prison on charges that he violated the terms of his probation while he was recuperating in Germany from nerve-agent poisoning is appalling. I am deeply disturbed by Putin and his cronies’ continued efforts to repress democracy and independent voices. The international community is watching. There must be consequences for these latest actions. “I encourage the Biden-Harris administration to quickly respond to this latest move by Putin. The list of Russia’s transgressions continues to grow: the apparent use of a chemical weapon against Mr. Navalany, cyberattacks against the U.S. government and U.S. companies, and interfering in U.S. elections. We need to stand up against ongoing, aggressive Russian actions. I urge my colleagues to join me in supporting the bipartisan Global Magnitsky Human Rights Accountability Reauthorization Act (S. 93) and Combatting Global Corruption Act (S. 14) that I have introduced in this Congress. Putin has shown how much he despises Magnitsky laws, which is why we must continue to make them stronger as a strong signal to him and other authoritarian regimes that protecting human rights and fighting corruption are central U.S. national security priorities.”
Helsinki Commission Leaders Condemn Jailing of Navalny, Attacks on Peaceful Protesters across RussiaFriday, January 29, 2021
WASHINGTON—Following Alexei Navalny’s recent arrest, violent attacks on peaceful protesters across Russia, and police raids on the offices and homes of Navalny and his colleagues, Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20), Sen. Roger Wicker (MS), Rep. Joe Wilson (SC-02), and Sen. Ben Cardin (MD) issued the following statements: “Protesters who support Mr. Navalny’s release and seek a more just Russia should not be beaten in the streets and treated like criminals,” said Rep. Hastings. “The true criminals are those who continue to enable Putin and his cronies to steal from the people of Russia.” “What has happened to Alexei Navalny is a travesty. After being poisoned at the Kremlin’s orders, he returned home to Russia only to be jailed for the ‘crime’ of pulling back the curtain on the corruption and violence entrenched in Putin’s system,” said Sen. Wicker. “Those who expose the truth should be rewarded, not condemned.” “If Vladimir Putin did not fear Navalny and his anti-corruption movement, he would not go to such great lengths to silence them,” said Rep. Wilson. “He understands that his power is threatened when the truth is exposed.” “Mr. Navalny must be allowed to return to his family and his work without further harassment by the Kremlin,” said Sen. Cardin. “The Russian people have the right to protest peacefully and advocate for the future of their country without fear of violent retribution from Putin.” In August 2020, Navalny was the victim of a coordinated assassination attempt by the Russian FSB that used a chemical weapon in the Novichok family. After holding him for two days in Russia, Russian authorities allowed Navalny to travel to Berlin, where he spent months recovering, for treatment. Navalny returned to Moscow on January 17 and immediately was arrested. Shortly thereafter, in a makeshift trial in a Moscow police station, Navalny was sentenced to 30 days of pre-trial detention. He will receive his final sentence on February 2. Following Navalny’s detention and his release of an exposé documenting Vladimir Putin’s palace on the Black Sea, thousands of Russians in over 100 cities and towns took to the streets on January 23 to protest. Police responded with widespread violence and over 3,700 people, including more than 50 journalists, were detained. Additional protests are planned for January 31.
OSCE Ministerial Council Appoints Top Leaders, Adopts Several Key Decisions Amidst Constraints of COVID-19 and Conflict in EuropeMonday, December 21, 2020
By Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE Foreign ministers of the 57 OSCE participating States convened on December 3 - 4, 2020, for the 27th OSCE Ministerial Council. For the first time, this annual gathering was convened in an entirely virtual format due to the challenges posed by the COVID-19 pandemic. Despite a turbulent year, which included managing not only the effects of the COVID-19 pandemic but also the global anti-racism protests initiated following the killing of George Floyd; ongoing protracted conflicts in Moldova, Georgia, and Ukraine; fraudulent elections and systemic human rights violations in Belarus; and a renewal of active conflict between Azerbaijan and Armenia, consensus was achieved on many, but not all, draft decisions. The United States delegation to the Ministerial Council was led by Deputy Secretary of State Stephen Biegun. The delegation and included Deputy Assistant Secretaries of State George P. Kent, Michael Murphy, and Bruce Turner; Acting Assistant Secretary of State Philip Reeker; U.S. Ambassador to the OSCE James Gilmore; U.S Helsinki Commission Chief of Staff Alex Johnson; and Helsinki Commission staff Robert Hand, Janice Helwig, Rebecca Neff, Erika Schlager, Shannon Simrell, Dr. Mischa Thompson, and Alex Tiersky. A Call to “Turn a Corner” from Crisis to Cooperation Leveraging the meeting’s virtual format, national statements were livestreamed, offering transparency of the proceedings. Albanian Prime Minister and OSCE Chairperson-in-Office Edi Rama opened the meeting by recalling the solidarity of the signatories of the Helsinki Final Act and Charter of Paris and requesting that ministers “turn a corner” and demonstrate the political will required to address the multiple and complex challenges faced by the organization and across the region. In his remarks, Deputy Secretary Biegun reaffirmed U.S. priorities for engagement at the OSCE, underscoring the commitment to European peace and security and highlighting key challenges facing the OSCE region including Russia’s continued aggression in eastern Ukraine, Moldova, and Georgia, and the destabilizing effect of its flagrant violations of the OSCE’s foundational principles. He called upon Belarus to hold accountable those responsible for its human rights violations and electoral crisis, urged Armenia and Azerbaijan to engage with the Minsk Group Co-Chairs to attain a lasting end to the conflict in Nagorno-Karabakh, and warned States against using COVID-19 as a pretext to restrict civil society, independent media, or public access to information. Finally, he expressed concern about the increasing number of political prisoners and the rise in cases of anti-Semitism, anti-Roma racism, and other forms of hatred and hate crimes in the OSCE region since the onset of the pandemic. Consensus Achieved on Organizational Leadership, Preventing Torture, Countering Corruption, and More Despite the challenges inherent in virtual negotiations, consensus was achieved on 11 texts spanning all three OSCE dimensions of comprehensive security and supporting the organization’s internal governance. Ministers agreed on the appointment of the OSCE’s top four leaders: Helga Schmid (Germany) as Secretary General, Maria Teresa Ribiero (Portugal) as Representative on Freedom of the Media, Matteo Mecacci (Italy) as Director of the Office for Democratic Institutions and Human Rights (ODIHR), and Kairat Abdrakhmanov (Kazakhstan) as High Commissioner on National Minorities. The decisions broke a months-long impasse after Azerbaijan, Tajikistan, Turkey, and others blocked the reappointment of the previous executives, leaving the organization leaderless since July. Participating States also reached consensus on several decisions that added to OSCE’s body of commitments. One such decision concerned the prevention and eradication of torture and other cruel, inhuman or degrading treatment or punishment, building on existing OSCE commitments. A version of the text was originally proposed in 2014 by Switzerland during their 2014 Chairpersonship of the OSCE. The initiative reflected the country’s historic leadership in the area of international humanitarian law and profound concerns regarding torture in the context of counterterrorism efforts. The proposal was reintroduced over successive Ministerial Councils before its adoption in 2020. The widespread use of torture and other horrific abuse by Belarusian authorities, documented by the November 2020 report under the OSCE Moscow Mechanism, added urgency to this decision this year. As adopted, the decision includes explicit references to enforced disappearances and to incommunicado detention. Participating States also adopted decisions on preventing and combating corruption; strengthening co-operation to counter transnational organized crime; deepening cooperation with OSCE’s Asian Partners; supporting the Transdniestrian settlement process (also known in the OSCE as the “5+2” format, which brings together representatives of Moldova, Transdniestria, the OSCE, the Russian Federation, Ukraine, the European Union, and the United States); and selecting North Macedonia to chair the organization in 2023. Unfinished Business Unfortunately, participating States did not reach consensus on several other important drafts, including one co-sponsored by the United States and Belarus based on lessons learned during the COVID-19 pandemic that would have set out new commitments for participating States to effectively combat human trafficking during times of emergency. Other proposals, including texts to modernize the Vienna Document (a wide-ranging confidence- and security-building measure that includes provisions requiring notification of significant military activities, as well as an exchange of information about armed forces, military organization, and major weapon and equipment systems), enhance public-private partnerships to counter terrorism, and counter trafficking in natural resources were scuttled by Russian, Azerbaijani, and Armenian intransigence. Some drafts which did not reach consensus among all 57 states were turned into statements issued and signed by those countries that had supported their adoption. The United States signed onto nine such statements to support the concept of women, peace and security outlined in UN Security Council Resolution 1325; modernization of the politico-military framework of the Vienna Document; and a number of statements related to the OSCE’s role in addressing regional challenges like ending the Nagorno-Karabakh conflict, improving human rights compliance by Belarus, countering Russian aggression in Ukraine and the Republic of Georgia, and addressing challenges relating to the COVID-19 pandemic. The Albanian Chairperson, together with the OSCE’s 2019 Slovak Chairperson, and the OSCE’s three incoming Chairpersons (the “Quint”) issued two joint statements, one expressing concern about the ongoing conflict in Ukraine and another reaffirming the principles enshrined the Helsinki Final Act and the Charter of Paris for a New Europe. Side events highlight continuing challenges The Ministerial Council’s four side events highlighted priority areas for participating States and for the Parliamentary Assembly. Due to the virtual format, events on the Belarus Moscow Mechanism report, human rights violations in Crimea, combatting human trafficking during the COVID-19 crisis, and the OSCE Parliamentary Assembly’s call for renewed political will to address contemporary challenges, attracted hundreds of participants. Deputy Assistant Secretary Kent closed the Moscow Mechanism side event by promising to maintain a focus on the situation in Belarus, to support efforts to hold authorities accountable for torture and other human rights violations, and to ensure the voice of the Belarusian people is heard in determining their country’s future. At a side event organized by the OSCE Parliamentary Assembly titled “A Call to Action: Reaffirming a Common Purpose,” Helsinki Commission Ranking Member Sen. Ben Cardin (MD) affirmed the strong bipartisan support in the United States for the OSCE, and recognized it as vital forum to promote security, defend human rights and encourage democratic development in all OSCE countries. He argued that greater political accountability rather than organizational reform would make the OSCE more relevant and effective in the years ahead. “It remains the responsibility of the participating States to hold each other to account. In the face of repression at home or aggression abroad, the OSCE will succeed as a multilateral forum as long as those who are true believers stand united in defending the ten Helsinki principles and forthrightly raise violations in this forum.” Sen. Ben Cardin (MD), Ranking Member, U.S. Helsinki Commission, OSCE MC 2020 Side Event on “A Call to Action” Due to challenges related to convening during the COVID-19 pandemic, the NGO network Civic Solidarity Platform did not organize its annual Civil Society Conference, which had been held in conjunction with each OSCE Ministerial Council since its first convening during the 2010 OSCE Summit in Astana. Instead, the network organized a series of webinars in December to maintain focus on key issues of concern. 2021: OSCE’s Swedish Chairpersonship “Back to Basics” Looking ahead to its 2021 Chairpersonship, Swedish Foreign Minister Ann Linde said that Sweden will work to get “back to basics:” defending the European security order, contributing to resolving conflicts, and upholding the OSCE’s comprehensive concept of security with a special focus on human rights, democracy, and gender equality.
Retrospective on the 116th CongressFriday, December 18, 2020
By Emma Derr, Max Kampelman Fellow “For more than four decades, the Helsinki Commission has championed human rights and democracy across North America, Europe, and Central Asia. While we have worked to keep these concerns on the U.S. agenda, much remains to be accomplished.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission In the OSCE region, 2019 and 2020 were marked by unprecedented challenges stemming from the COVID-19 pandemic, calls for racial justice, systematic human rights issues, and ongoing regional conflicts amidst U.S. presidential, Congressional, and regional and local elections. Through these crises, U.S. Helsinki Commission leadership worked tirelessly to ensure that human rights and comprehensive security continued to be promoted through the United States’ foreign and domestic policy agendas. 2020 also marked the 30th anniversary of the Charter of Paris, which set unprecedented commitments to human rights, providing an opportunity for OSCE participating States to reflect and bolster human rights commitments during such a crucial time. Through hearings and briefings, legislative activities, public statements and reports, and engagement with other foreign policy actors, the Helsinki Commission has focused on human rights and security challenges both in the United States and abroad to advance the commission’s priorities in the 116th Congress: principled foreign policy; human rights at home; parliamentary diplomacy; and safe, inclusive, and equitable societies. Additional policy focuses include regional security, election observation, OSCE engagement, and anti-corruption work. View a comprehensive list of activities in the Helsinki Commission's report on the 116th Congress. Principled Foreign Policy From respect for sovereignty and the territorial integrity of states to human rights and fundamental freedoms, commitments undertaken by OSCE participating States underpin peace and stability in the OSCE region and form the basis of comprehensive security for all people. The Helsinki Commission strives to ensure that the protection of human rights and democratic development are central to a principled U.S. foreign policy. During the 116th Congress, Belarus, Russia, Turkey, Hungary, Ukraine/Crimea, and the Balkans attracted particular attention, given the ongoing human rights and regional conflict issues in those countries. Belarus Following over two decades of authoritarian rule supported by the Kremlin, a political crisis erupted in Belarus in the summer of 2020. After August 9 elections, the Alexander Lukashenko regime claimed victory, and the country saw an unrelenting crackdown by Belarusian authorities on peaceful protests, civil society, and the media. According to international observers, Belarus has not had free and fair national elections since Lukashenko was first elected president in 1994. Unprecedented crowds continue to protest the election. Ahead of the election, Lukashenko eliminated his main political competition through disqualification or imprisonment. Numerous protestors, supporters of opposition candidates, and journalists were arrested as last-minute candidate Svetlana Tsikhanovskaya drew unprecedented crowds to her rallies. Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) called on President Lukashenko “to order the release of those who have been detained for political reasons and allow real political competition in Belarus.” After the elections and in reaction to the human rights abuses perpetrated by the Lukashenko regime, Chairman Hastings wrote to Treasury Secretary Steven Mnuchin requesting that the U.S. administration revoke access to the U.S. financial system for the nine largest state-owned companies in Belarus. “The United States stands with the people of Belarus, who have a right to make free choices about their country’s future and to protest peacefully.” Sen. Roger Wicker (MS), Co-Chairman, U.S. Helsinki Commission After the invocation by 17 OSCE participating States of the Moscow Mechanism to report on human rights concerns in Belarus and subsequent investigation, Professor Wolfgang Benedek—the selected rapporteur—joined the Helsinki Commission for a podcast to discuss his findings, including evidence of fraudulent elections, systematic human rights violations, and a general situation of impunity for perpetrators. Regional Security and Stability In May 2020, following reports that the Trump administration planned to withdraw from the Treaty on Open Skies, Chairman Hastings urged Congress to support the United States’ allies and partners in Europe, as “withdrawing from the Open Skies Treaty can only benefit Putin’s continuing campaign of aggression against Russia’s neighbors.” Chairman Hastings also authored an amendment to the National Defense Authorization Act (NDAA) for the 2021 Fiscal Year to reflect support for the Open Skies Treaty and stated his regret in November when the U.S. withdrew from the treaty. The Helsinki Commission held a joint hearing in November 2019 with the House Foreign Affairs Committee concerning the importance of the Open Skies Treaty for security and stability in Europe and released a podcast on the treaty’s benefits, the complexity of execution, and current challenges in implementation. In July 2019, for the first time in its 43-year history the Helsinki Commission convened outside of the United States for a field hearing to underscore America’s commitment to Baltic Sea regional security and emphasize its unwavering support for U.S. friends and allies. The commission also held a briefing to discuss the potential use of energy, specifically oil and gas projects, to achieve foreign policy goals, as well as the extent to which energy independence can reduce the ability of hostile actors to destabilize the European region by threatening to cut off access to energy supplies. Turkey, Hungary, Ukraine/Crimea, and the Balkans In April 2019, Co-Chairman Wicker and Ranking Member Sen. Ben Cardin (MD) introduced the Defending United States Citizens and Diplomatic Staff from Political Prosecutions Act to address arbitrary arrests which contribute to Turkey’s deteriorating respect for human rights under President Erdogan. In April 2019, the Helsinki Commission hosted a briefing on recent developments in Hungary concerning a steady erosion of freedom, the rule of law, and quality of governance. Later that year, the commission reported on an amendment to the Hungarian religion law, which continues to discriminate against people on the basis of their faith. In late 2019, Co-Chairman Wicker successfully pressed Hungarian Prime Minister Viktor Orban to stop the blockage of the European Union version of the Magnitsky Act. The U.S. Magnitsky Act allows the use of sanctions as a tool to target alleged human rights abusers and corruption, and its European counterpart would do the same. In May 2020, Co-Chairman Wicker and Ranking Member Cardin urged U.S. Secretary of State Mike Pompeo to work with the European Union’s High Representative to advance EU Magnitsky Sanctions. Following a mob attack in October 2019 on a Jewish community center providing office space to civil society groups in Budapest, Chairman Hastings and Ranking Member Cardin called the Hungarian government to take action during this “alarming escalation of violence toward minorities and civil society groups.” In 2020, the commission released a report detailing the escalating rhetorical attacks and legislative restrictions against civil society as Orban continues to consolidate power in Hungary. In December 2019, Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) and Commissioner Rep. Emanuel Cleaver II (MO-05) introduced the bipartisan Ukraine Religious Freedom Support Act in the House of Representatives, and Co-Chairman Wicker introduced the act, cosponsored by Helsinki Commissioner Sen. Jeanne Shaheen (NH), to the Senate. The act, which would combat Russia’s religious freedom violations in the Crimea and Donbas regions of Ukraine, unanimously passed in the House of Representatives in November 2020 and awaits Senate action. In July 2019, the Helsinki Commission hosted a briefing about reunifying societies divided by war, genocide, and other tragedies in areas such as the Balkans, as well as promoting reconciliation and healing for Holocaust survivors and other victims of Nazi persecution who continue to seek justice worldwide. Twenty years after two U.S. citizens were brutally murdered in Serbia in the aftermath of the 1999 conflict in Kosovo, their brother Ilir joins the Helsinki Commission to share his family’s fight for justice in the face of inaction by Serbian authorities. Election Observation In 1990, all OSCE participating States pledged to hold free and fair elections and to invite international observers. OSCE election observation missions often are undertaken jointly by the OSCE Office of Democratic Institutions and Human Rights (ODIHR) and the OSCE Parliamentary Assembly (PA). These election observation missions have been recognized as one of the most transparent and methodical ways to encourage States’ commitment to democratic standards and have become a core element of the OSCE’s efforts to provide feedback on the election processes to the benefit of candidates and voters alike. Commissioners and staff have observed well over 100 elections since 1990, and in 2020 alone, the OSCE has been invited to observe elections in nearly 20 OSCE participating States, including the United States. In 2019, the commission held a briefing focused on the benefits and challenges of international election observation, best practices, and emerging issues such as voting technology and security. In addition, the use of disinformation to influence elections has become a pervasive and persistent threat in all 57 OSCE participating States. Ahead of the 2020 general elections, the commission held a briefing on the intersections and influences of disinformation and COVID-19 on the electoral process. Election observation is an important way to help monitor these effects on the workings of democracy. A limited election observation mission was deployed by the OSCE to observe the 2020 general election in the United States. Despite the challenges posed by the pandemic, the OSCE team was confident it produced a thorough, impartial, fact-based assessment that concluded the elections were free and fair, as well as “competitive and well managed despite legal uncertainties and logistical challenges” posed by the pandemic and the polarized political climate. OSCE Institutions and Policy During the past two years, the Helsinki Commission hosted hearings featuring both the Albanian and Slovakian OSCE Chairs in Office, as well as the OSCE Representative for Freedom of the Media Harlem Desir, to discuss OSCE institutional priorities such as human rights violations, conflict resolution, and the safety of journalists. In January 2020, the Helsinki Commission welcomed OSCE Office of Democratic Institutions and Human Rights Director Ambassador Ingibjörg Sólrún Gísladóttir, in her first appearance before Congress, to address challenges in the OSCE region related to human rights and democracy. In December 2020, the Helsinki Commission held a hearing, “U.S. Priorities for Engagement at the OSCE,” where Ambassador Philip T. Reeker U.S. State Department Senior Bureau Official, who has been serving in the role of Acting Assistant Secretary for Europe and Eurasia since March 2018, emphasized that the United States is focused on upholding Helsinki Final Act commitments and pushing all participating States to live up to their own commitments to these principles. Human Rights at Home Like all other OSCE participating States, the United States must also examine how well—or how poorly—it is living up to its own OSCE commitments. In the 116th Congress, the Helsinki Commission took a hard look at human rights at home. “If the United States wants to remain a credible voice in the promotion of human rights abroad, we must fiercely protect them at home.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission In summer 2020 the Helsinki Commission launched a series of hearings focused on restorative justice related to public monuments and memorials, the safety of journalists, and implications of domestic human rights issues for U.S. leadership. The commission also convened political and civil rights leaders to discuss the impact of George Floyd’s tragic death on the need to shape policies that confront and prevent racism and racist acts. The Helsinki Commission dealt at further length with the safety of journalists and freedom of the media in the United States. In the aftermath of attacks on journalists covering protests calling for racial justice, Chairman Rep. Hastings expressed the need to take an “honest and critical look at America’s own record in recent weeks on protecting journalists and safeguarding press freedom.” The U.S. Agency for Global Media (USAGM) supports networks that reach more than 350 million people across the world, many of whom otherwise would not have access to independent, unbiased news. When USAGM failed to renew J-1 visas for foreign Voice of America (VOA) journalists, Chairman Rep. Hastings, Ranking Member Sen. Ben Cardin, and Helsinki Commissioners Sen. Jeanne Shaheen, Rep. Emanuel Cleaver, Rep. Steve Cohen (TN-09), and Rep. Marc Veasey (TX-33) demanded that U.S. Agency for Global Media (USAGM) CEO Michael Pack provide a detailed explanation and called for new policies to protect the personal security of VOA journalists working under the USAGM. Safe, Inclusive, and Equitable Societies Civil rights are human rights, and advancing societies that are safe, inclusive, and equitable is central to the work of the Helsinki Commission. Anti-racism initiatives have always been a priority for the commission, but they found particular focus in 2020 in conjunction with the exposure of systemic racism in police brutality and the disproportionate impacts of COVID-19 on minority populations. Commissioners looked inward to the United States’ own domestic policies, as well as outward to other OSCE countries, to develop ideas and policies that promote principles of social inclusion, empowering diverse populations and enhancing the ability for everyone to fully participate in society. Over the past decade, Chairman Hastings has drawn attention to the racism and discrimination faced by black Europeans, recognizing their fight for inclusion. In March 2019, he introduced legislation establishing a strategy to protect the collective history and achievements of people of African descent and to promote the human rights of people of African descent worldwide, and a year later, he introduced a bill to implement a government-wide diversity and inclusion plan. “Across the globe we find racial disparities between those of African descent and other populations in education, employment, health, housing, justice, and other sectors. At the same time, hate crimes and racial profiling targeting black populations are increasing,” said Chairman Hastings. “A global strategy ensures we are monitoring whether countries around the world are providing equal protections and opportunity to all within their borders.” Chairman Hastings also collaborated with other Helsinki Commissioners to address racism globally. In July 2020, Chairman Hastings, along with Helsinki Commissioners Rep. Gwen Moore (WI-04), Rep. Cleaver, Rep. Veasey, and 35 other Members of the United States Congress, including the Congressional Black Caucus Chair, called for a sweeping plan of action following the European Parliament’s Juneteenth Day resolution supporting protests against racism and police brutality. Chairman Hastings and Rep. Gregory W. Meeks (NY-05) also issued a statement regarding foreign affairs funding for diverse, global anti-racism programs, commemorating John Lewis’ yearly leadership in securing these appropriations requests. In September, Chairman Hastings and other Helsinki Commissioners joined members of the European Parliament’s Civil Liberties Committee and Subcommittee on Human Rights to discuss combating racism and systemic discrimination on both sides of the Atlantic. In October, Ranking Member Cardin joined the office of the OSCE High Commissioner on National Minorities for an online event that evaluated the applicability of the 2006 Recommendations on Policing in Multi-Ethnic Societies, highlighted relevant legislation, and discussed structural changes to address discriminatory police violence. Ahead of International Roma Day in 2020, the Helsinki Commission hosted a discussion about racism against Roma, the largest ethnic minority in Europe who have historically faced enslavement and continue to battle discrimination. The conversation focused on the state of Roma rights in Europe, as well as resolutions introduced by Helsinki Commission leaders to celebrate Romani American heritage. Reports from nearly every corner of the OSCE region suggest that minority groups have been impacted especially hard by the COVID-19 pandemic, and an extended episode of "Helsinki on the Hill" takes an in-depth look at the pandemic’s impact on vulnerable populations, such as the Roma, and the role of governments in addressing that impact. In December 2019, the Helsinki Commission convened a hearing to focus on public diplomacy initiatives that cultivate leaders who espouse democratic principles, including inclusive and representative governance. The commission also released a podcast discussing how to achieve equitable and inclusive democracies through political inclusion and economic empowerment. Guests discussed their experiences on the front lines of the fight for greater diversity and inclusion in Europe, and in the transatlantic policymaking space more broadly. Members of the Helsinki Commission have long supported diversity and inclusion efforts in international affairs including through the annual Transatlantic Inclusion Leaders Network (TILN) workshop, a hearing about the state of diversity and inclusion in Europe, and a new transatlantic democracy program for youth “On the Road to Inclusion.” In March 2020, Chairman Hastings introduced the Leadership Institute for Transatlantic Engagement (LITE) Act, calling for the creation of a transatlantic institute focused on strengthening democratic principles and values in the West, as well as pioneering inclusive and intergenerational solutions to current challenges that would empowering individuals across generations and from diverse backgrounds with the knowledge, tools, opportunity, and access to fully participate in their democracies. The commission also supports diversity in the diplomatic corps. Chairman Hastings, Co-Chairman Wicker, and Ranking Member Cardin joined bipartisan Congressional efforts to support annual funding for State Department and USAID diversity fellowship programs, as well as study abroad opportunities. Parliamentary Diplomacy Parliamentary diplomacy advances comprehensive security and democratic institutions in the OSCE region and acts as a tool to promote safe, inclusive and equitable societies. Commissioners have championed the development of parliamentary assemblies for regional organizations throughout the world and participate regularly in the OSCE Parliamentary Assembly (OSCE PA), which offers opportunities for engagement among parliamentarians from OSCE participating States. The Helsinki Commission organizes bicameral U.S. delegations to OSCE PA meetings throughout the year. With 17 of 323 seats, the United States has the largest representation in the assembly. In the 116th Congress, commissioners explored ways to defend human rights, hold the Kremlin accountable, and maximize cooperation with OSCE Mediterranean partners at OSCE PA meetings. Commissioners visited Hungary, Tunisia, Israel, and Morocco in bipartisan delegations aiming to strengthen shared principles, and Commissioners reported on these visits at OSCE PA meetings as well. Co-Chairman Wicker led the largest bipartisan, bicameral U.S. delegation in history to the 28th Annual Session of the OSCE PA in July 2019 in Luxembourg. At this annual session, Helsinki Commission Ranking Member Cardin, who also serves as OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, hosted a U.S. side event in his capacity as Special Representative on the topic of adopting an action plan to counter hate and foster inclusion. Following a two-day seminar organized by Helsinki Commission and the OSCE PA in February 2020, Future Leadership for Political Inclusion in the OSCE Region: A Seminar for Young Parliamentarians, nearly 20 young legislators from OSCE participating States issued a joint declaration emphasizing the important role young people must play in addressing human rights and security challenges across the world. The commission hosted OSCE PA officials for a briefing in December of 2019 to share a parliamentary perspective on the priorities and objectives of the Albanian chairmanship of the OSCE amid regional conflicts and resistance to democratic reforms in some countries in the OSCE region. The commission also regularly hosts hearings, convenes panels, and participates in events related to parliamentary diplomacy, highlighting the important role the OSCE PA and other parliamentary assemblies play in holding governments accountable to standards of cooperation and human rights. Corruption During the 116th Congress, the Helsinki Commission promoted efforts to combat corruption in the OSCE region, recognizing it as a threat to democracy, security, and human rights. The commission’s work focuses on authoritarian kleptocracy, a form of autocratic government that relies on financial globalization and secrecy to steal and maintain power. Members of the Helsinki Commission introduced the Rodchenkov Act, the Kleptocrat Exposure Act, the Combating the Illicit Trade in Tobacco Products Act (CITTPA), the Countering Russian and Other Overseas Kleptocracy (CROOK) Act, the Foreign Extortion Prevention Act, and the Transnational Repression Accountability and Prevention (TRAP) Act. The Rodchenkov Act passed through both chambers of Congress and was signed into law by President Trump on December 4, 2020. The act establishes criminal penalties for doping schemes, provides restitution for victims, protects whistleblowers from retaliation, and shares information with the U.S. Anti-Doping Agency. Passage of the bipartisan legislation was spearheaded by Co-Chairman Wicker and Commissioner Sen. Sheldon Whitehouse (RI) in the Senate and former Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) in the House of Representatives. “This legislation is a great bipartisan accomplishment for the rights of athletes, the protection of whistleblowers, and our common goal of keeping criminals out of international sports,” said Co-Chairman Wicker. The commission also organized briefings to draw attention to issues like money laundering and official corruption, as well as to share best practices on innovative corruption policies.
Europe Whole and Free? The Future of the OSCEThursday, December 03, 2020
On November 20, the Woodrow Wilson Center, in cooperation with the U.S. Helsinki Commission, hosted “Europe Whole and Free: The Future of the OSCE.” The event discussed a divided Europe and the responsibility of the United States to help obtain peace on the continent. The event featured Helsinki Commission Ranking Member Sen. Ben Cardin (MD) and Commissioner Rep. Robert Aderholt (AL-04), as well as other leading voices on European security and cooperation. The event celebrated the 30th anniversary of the Charter of Paris for a New Europe, which was signed by 34 heads of state and government during a Conference on Security and Cooperation in Europe Summit (CSCE) held in the French capital from November 19 to 21, 1990. The political agreement charted a path forward following Cold War confrontation and ushered in a new era as states made an unprecedented commitment to domestic individual freedoms, democratic governance, human rights, and transnational cooperation. By institutionalizing the CSCE as a platform to realize peace and security, this process created the Organization for Security and Cooperation in Europe (OSCE), which today is the world’s largest regional security organization, comprising 57 participating States. Participants delved into the history of the Helsinki Final Act and the Charter of Paris, acknowledging that these agreements hold particular importance as milestones of European and transatlantic cooperation. They also expressed optimism concerning transatlantic cooperation under President-elect Joe Biden and stressed the importance of continuing dialogue regarding Charter of Paris commitments. “I think Joe Biden recognizes that U.S. involvement globally is going to be in the United States’ interest,” said Sen. Cardin. “You’re going to see a president who will embrace those allies that share our values, but he’ll engage all of the countries. But he’ll be anchored in our values, which, by the way, are the Helsinki Final Act values and reinforcing the Charter of Paris.” As democracy and human rights are systematically challenged in the OSCE region, Robert Ryberg, Deputy Deputy Minister for Foreign Affairs of Sweden and incoming OSCE Chair-in-Office, noted that recent developments in Ukraine and Belarus demonstrate that nearly all serious challenges to the OSCE region’s security stem from situations where the fundamental principles of Helsinki and Paris are not respected. Many speakers pointed out the need for accountability within the OSCE and reinvigorated political investment from participating States in order to realize Chart of Paris ideals. “As no one participating in that Paris Charter could predict the collapse of the Soviet Union, which at that time was literally only a year away, we cannot yet see the contours of the world that will emerge from the lockdowns that we are seeing now and this disruption that the coronavirus has really brought to the entire world,” said Rep. Aderholt. “Whatever the future holds, I believe that a revitalized OSCE will be a powerful asset for our leaders as they navigate in a new era and as we continue to call upon all governments to respect inalienable rights.” Speakers also called for a reinvigoration, and in some cases reform, of the OSCE, as well as the promotion of multilateralism, as avenues to continue the vital work of the OSCE. Photos Courtesy of the Woodrow Wilson Center and the Ministry of Foreign Affairs of France
A Parliamentary Perspective on the 30th Anniversary of the Charter of ParisThursday, December 03, 2020
On November 20, the OSCE Parliamentary Assembly (OSCE PA) and the French Delegation to the OSCE PA hosted a commemorative event celebrating the 30th anniversary of the Charter of Paris for a New Europe. Speakers reflected on the momentous document and discussed how to the OSCE can continue to provide value within today’s complex international framework. The Charter of Paris was signed by 34 heads of state and government during a Summit of the Conference on Security and Cooperation in Europe (CSCE) in the French capital from November 19 to 21, 1990. The political agreement charted a path forward following Cold War confrontation and ushered in a new era as states made an unprecedented commitment to domestic individual freedoms, democratic governance, human rights, and transnational cooperation. The agreement led to the institutionalization of the CSCE as well as the regularization of its meeting, setting the stage for the transformation of the ongoing conference to an organization, the OSCE, in 1995. This included the founding of the Parliamentary Assembly in 1991. As the Charter of Paris turns 30, speakers reflected on its history and expression of hope for unity, stability and peace – goals which seemed attainable at the time but appear more distant today. Ann Linde, the Minister for Foreign Affairs of Sweden and incoming OSCE Chairperson-in-Office, stressed the OSCE and OSCE PA’s critical role in resolving challenges that threaten the OSCE region’s collective security, such as Russia’s violation of Ukraine’s territorial integrity and the post-election crackdown in Belarus. OSCE PA President George Tsereteli said, “it is clear that we as politicians and parliamentarians need to work very hard.” He encouraged his colleagues to confront crises in democracy and strive to realize Charter of Paris commitments. Participants of the event acknowledged the need to strengthen participating States’ commitments to the charter’s ideals through cooperation and dialogue. These calls for action were within the context of current geopolitical conflicts, as well as an effort to find ways to reach consensus with Russia. “The OSCE has become the premier international organization promoting human rights… It is a proud record, but it’s a record that can be improved. The OSCE needs to work on openness, access to non-governmental organizations. But the problem within the OSCE states today is principally noncompliance of the states with the principles, not the deficiencies in the organization itself,” said Helsinki Commission Ranking Member and OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance, Sen. Ben Cardin. “Every state can do better,” Cardin said. “So, let us on this 30th anniversary of the Paris Charter remember our mission to build, consolidate, and strengthen democracies as the only system of government of our nations. You cannot be neutral in democracy.”
Mr. President, as Co-Chairman of the Commission on Security and Cooperation in Europe, I have closely monitored developments in the Republic of Belarus and informed my Senate colleagues of disturbing trends in that nation. I have met with members of the fledgling democratic opposition who, at great personal risk, dare to speak out against the repressive regime led by Alexander Lukashenka. I have met with the courageous wives whose husbands disappeared because they stood up to the regime and would not be silent. Against the backdrop of this climate of fear, the powers of the state have been brought to bear against independent journalists, trade unionists, and other voices of dissent.
Increasingly, Belarus has been driven into self-imposed isolation under Lukashenka devoid of legitimate leadership or accountability. A little over a year ago I addressed the Senate to voice concern over reported arms deals between the regime and rouge states, including Iraq. It appears that such sales have taken on greater importance as the Belarusian economy spirals downward.
Mr. President, while some might be tempted to dismiss Belarus as an anomaly, the stakes are too high and the costs too great to ignore. Accordingly, today, I am introducing the Belarus Democracy Act of 2003, which is designed to help put an end to repression and human rights violations in Belarus and to promote Belarus’ entry into a democratic Euro-Atlantic community of nations.
As a participating State in the Organization for Security and Cooperation in Europe (OSCE), Belarus has accepted a series of norms in the areas of democracy, human rights and the rule of law. As Europe’s last dictator, Lukashenka continues to brashly trample the fundamental rights of his own people and their culture.
As I alluded to earlier, independent media, non-governmental organizations, trade unions and the democratic opposition have had to operate under extremely difficult conditions, often facing serious mistreatment and an orchestrated campaign of harassment. Despite the repressions there are courageous individuals who support democracy have not been silenced. Two weeks ago, for example, Alexander Yarashuk, the leader of the Belarusian Congress of Democratic Trade Unions, called on Lukashenka to immediately cease backing Saddam. Moreover, just last week, on March 12, thousands gathered peacefully in a central Minsk square to protest deteriorating economic and social conditions in Belarus. Four of the rally’s organizers – Andrei Sannikov, Ludmila Gryaznova, Dmitry Bondarenko and Leonid Malakhov – were given 15 day jail sentences for “participation in unauthorized mass actions.”
Despite calls for change within Belarus, and considerable prodding from the international community, Lukashenka has shown no desire to deviate from his path of authoritarianism and personal profit at the expense of his own people. A few months ago, Lukashenka, who effectively controls the Belarusian parliament, signed into laws a new, repressive religion law. Local elections held earlier this month followed the pattern of Belarus’ 2000 parliamentary and 2001 presidential elections – they were a joke. Control of election commissions, denials of registration for opposition candidates, “early voting” and outright falsifications were the norm.
Mr. President, the Belarus Democracy Act of 2003 would authorize additional assistance for democracy-building activities such as support for NGOs, independent media, including radio and television broadcasting to Belarus, and international exchanges. It also encourages free and fair parliamentary elections, which have been notably absent in Belarus. This bill would also deny high-ranking officials of the Lukashenka regime entry into the United States. Additionally, strategic exports to the Belarusian Government would be prohibited, as well as U.S. Government financing, except for humanitarian goods and agricultural or medical products. The U.S. executive directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance for humanitarian needs. The bill would also require reports from the President concerning the sale of delivery of weapons or weapons-related technologies from Belarus to rogue states, including Iraq and North Korea.
I am very pleased that the Ranking Member of the Committee on Foreign Relations, Senator Biden, is an original cosponsor of this measure. His support will ensure that we proceed on a bipartisan basis as we work to ensure the timely adoption and implementation of this legislation.
Mr. President, the goal of the Belarus Democracy Act is to assist Belarus in becoming a genuine European state, in which respect for human rights and democracy is the norm and in which the long-suffering Belarusian people are able to overcome the legacy of dictatorship – past and present. Adoption and implementation of the Belarus Democracy Act will offer a ray of hope that the current period of political, economic and social stagnation will indeed end. The people of Belarus deserve a chance for a brighter future free of repression and fear.
I ask unanimous consent that the text of the Belarus Democracy Act be printed in the Record.
There being no objection, the bill was ordered to be printed in the Record, as follows:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Belarus Democracy Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States supports the promotion of democracy, respect for human rights, and the rule of law in the Republic of Belarus consistent with its commitments as a participating state of the Organization for Security and Cooperation in Europe (OSCE).
(2) The United States has a vital interest in the independence and sovereignty of the Republic of Belarus and its integration into the European community of democracies.
(3) The last parliamentary election in Belarus deemed to be free and fair by the international community was conducted in 1995 from which emerged the 13th Supreme Soviet whose democratically and constitutionally derived authorities and powers have been usurped by the authoritarian regime of Belarus President Aleksandr Lukashenka.
(4) In November 1996, Lukashenka orchestrated an illegal and unconstitutional referendum that enabled him to impose a new constitution, abolish the duly-elected parliament, the 13th Supreme Soviet, install a largely powerless National Assembly, and extend his term of office to 2001.
(5) In May 1999, democratic forces in Belarus challenged Lukashenka's unconstitutional extension of his presidential term by staging alternative presidential elections which were met with repression.
(6) Democratic forces in Belarus have organized peaceful demonstrations against the Lukashenka regime in cities and towns throughout Belarus which led to beatings, mass arrests, and extended incarcerations.
(7) Victor Gonchar, Anatoly Krasovsky, and Yuri Zakharenka, who have been leaders and supporters of the democratic forces in Belarus, and Dmitry Zavadsky, a journalist known for his critical reporting in Belarus, have disappeared and are presumed dead.
(8) Former Belarus Government officials have come forward with credible allegations and evidence that top officials of the Lukashenka regime were involved in the disappearances.
(9) The Lukashenka regime systematically harasses and represses the independent media and independent trade unions, imprisons independent journalists, and actively suppresses freedom of speech and expression.
(10) The Lukashenka regime harasses the autocephalic Belarusian Orthodox Church, the Roman Catholic Church, the Jewish community, the Hindu Lights of Kalyasa community, evangelical Protestant churches (such as Baptist and Pentecostal groups), and other minority religious groups.
(11) The Law on Religious Freedom and Religious Organizations, passed by the National Assembly and signed by Lukashenka on October 31, 2002, establishes one of the most repressive legal regimes in the OSCE region, severely limiting religious freedom and placing excessively burdensome government controls on religious practice.
(12) The United States, the European Union, the North Atlantic Treaty Organization (NATO) Parliamentary Assembly, and the OSCE Parliamentary Assembly have not recognized the National Assembly.
(13) The parliamentary elections of October 15, 2000, conducted in the absence of a democratic election law, were illegitimate, unconstitutional, and plagued by violent human rights abuses committed by the Lukashenka regime, and have been determined by the OSCE to be nondemocratic.
(14) The presidential election of September 9, 2001, was determined by the OSCE and other observers to be fundamentally unfair, to have failed to meet OSCE commitments for democratic elections formulated in the 1990 Copenhagen Document, and to have featured significant and abusive misconduct by the Lukashenka regime, including--
(A) the harassment, arrest, and imprisonment of opposition members;
(B) the denial of equal and fair access by opposition candidates to state-controlled media;
(C) the seizure of equipment and property of independent nongovernmental organizations and press organizations, and the harassment of their staff and management;
(D) voting and vote counting procedures that were not transparent; and
(E) a campaign of intimidation directed against opposition activists, domestic election observation organizations, and opposition and independent media, and a libelous media campaign against international observers.
SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS.
(a) PURPOSES OF ASSISTANCE.--Assistance under this section shall be available for the following purposes:
(1) To assist the people of the Republic of Belarus in regaining their freedom and to enable them to join the European community of democracies.
(2) To encourage free and fair presidential, parliamentary, and local elections in Belarus, conducted in a manner consistent with internationally accepted standards and under the supervision of internationally recognized observers.
(3) To assist in restoring and strengthening institutions of democratic governance in Belarus.
(b) AUTHORIZATION FOR ASSISTANCE.--To carry out the purposes set forth in subsection (a), the President is authorized to furnish assistance and other support for the activities described in subsection (c), to be provided primarily for indigenous groups in Belarus that are committed to the support of democratic processes in Belarus.
(c) ACTIVITIES SUPPORTED.--Activities that may be supported by assistance under subsection (b) include--
(1) the observation of elections and the promotion of free and fair electoral processes;
(2) the development of democratic political parties;
(3) radio and television broadcasting to and within Belarus;
(4) the development of nongovernmental organizations promoting democracy and supporting human rights;
(5) the development of independent media working within Belarus and from locations outside Belarus, and supported by non-state-controlled printing facilities;
(6) international exchanges and advanced professional training programs for leaders and members of the democratic forces in matters central to the development of civil society; and
(7) other activities consistent with the purposes of this Act.
(d) AUTHORIZATION OF APPROPRIATIONS.--
(1) IN GENERAL.--There is authorized to be appropriated to the President to carry out this section $40,000,000 for fiscal years 2004 and 2005.
(2) AVAILABILITY OF FUNDS.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.
SEC. 4. RADIO BROADCASTING TO BELARUS.
(a) PURPOSE.--It is the purpose of this section to authorize increased support for United States Government and surrogate radio broadcasting to the Republic of Belarus that will facilitate the unhindered dissemination of information in Belarus.
(b) AUTHORIZATION OF APPROPRIATIONS.--In addition to such sums as are otherwise authorized to be appropriated, there is authorized to be appropriated $5,000,000 for each fiscal year for Voice of America and RFE/RL, Incorporated for radio broadcasting to the people of Belarus in languages spoken in Belarus.
(c) REPORT ON RADIO BROADCASTING TO AND IN BELARUS.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on how funds appropriated and allocated pursuant to the authorizations of appropriations under subsection (b) and section 3(d) will be used to provide AM and FM broadcasting that covers the territory of Belarus and delivers independent and uncensored programming.
SEC. 5. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.
(a) APPLICATION OF SANCTIONS.--The sanctions described in subsections (c) and (d), and any sanction imposed under subsection (e) or (f), shall apply with respect to the Republic of Belarus until the President determines and certifies to the appropriate congressional committees that the Government of Belarus has made significant progress in meeting the conditions described in subsection (b).
(b) CONDITIONS.--The conditions referred to in subsection (a) are the following:
(1) The release of individuals in Belarus who have been jailed based on political or religious beliefs.
(2) The withdrawal of politically motivated legal charges against all opposition figures and independent journalists in Belarus.
(3) A full accounting of the disappearances of opposition leaders and journalists in Belarus, including Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and the prosecution of the individuals who are responsible for their disappearances.
(4) The cessation of all forms of harassment and repression against the independent media, independent trade unions, nongovernmental organizations, religious organizations (including their leadership and members), and the political opposition in Belarus.
(5) The implementation of free and fair presidential and parliamentary elections in Belarus consistent with Organization for Security and Cooperation in Europe (OSCE) standards on democratic elections and in cooperation with relevant OSCE institutions.
(c) PROHIBITION ON STRATEGIC EXPORTS TO BELARUS.--
(1) PROHIBITION.--No computers, computer software, goods, or technology intended to manufacture or service computers, or any other related goods or technology, may be exported to Belarus for use by the Government of Belarus, or by its military, police, prison system, or national security agencies. The prohibition in the preceding sentence shall not apply with respect to the export of goods or technology for democracy-building or humanitarian purposes.
(2) RULE OF CONSTRUCTION.--Nothing in this subsection shall prevent the issuance of licenses to ensure the safety of civil aviation and safe operation of commercial passenger aircraft of United States origin or to ensure the safety of ocean-going maritime traffic in international waters.
(d) PROHIBITION ON LOANS AND INVESTMENT.--
(1) UNITED STATES GOVERNMENT FINANCING.--No loan, credit guarantee, insurance, financing, or other similar financial assistance may be extended by any agency of the United States Government (including the Export-Import Bank and the Overseas Private Investment Corporation) to the Government of Belarus, except with respect to the provision of humanitarian goods and agricultural or medical products.
(2) TRADE AND DEVELOPMENT AGENCY.--No funds available to the Trade and Development Agency may be available for activities of the Agency in or for Belarus.
(e) DENIAL OF ENTRY INTO UNITED STATES OF CERTAIN BELARUS OFFICIALS.--
(1) DENIAL OF ENTRY.--It is the sense of Congress that, in addition to the sanctions provided for in subsections (c) and (d), the President should use the authority under section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)) to deny the entry into the United States of any alien who--
(A) holds a position in the senior leadership of the Government of Belarus; or
(B) is a spouse, minor child, or agent of a person described in subparagraph (A).
(2) SENIOR LEADERSHIP OF THE GOVERNMENT OF BELARUS DEFINED.--In this subsection, the term ``senior leadership of the Government of Belarus'' includes--
(A) the President, Prime Minister, Deputy Prime Ministers, government ministers, Chairmen of State Committees, and members of the Presidential Administration of Belarus;
(B) any official of the Government of Belarus who is personally and substantially involved in the suppression of freedom in Belarus, including judges and prosecutors; and
(C) any other individual determined by the Secretary of State (or the Secretary's designee) to be personally and substantially involved in the formulation or execution of the policies of the Lukashenka regime in Belarus that are in contradiction of internationally recognized human rights standards.
(f) MULTILATERAL FINANCIAL ASSISTANCE.--It is the sense of Congress that, in addition to the sanctions provided for in subsections (c) and (d), the Secretary of the Treasury should instruct the United States Executive Director of each international financial institution to which the United States is a member to use the voice and vote of the United States to oppose any extension by those institutions of any financial assistance (including any technical assistance or grant) of any kind to the Government of Belarus, except for loans and assistance that serve humanitarian needs.
(g) WAIVER.--The President may waive the application of any sanction described in this section with respect to Belarus if the President determines and certifies to the appropriate congressional committees that it is important to the national interests of the United States to do so.
SEC. 6. MULTILATERAL COOPERATION.
It is the sense of Congress that the President should continue to seek to coordinate with other countries, particularly European countries, a comprehensive, multilateral strategy to further the purposes of this Act, including, as appropriate, encouraging other countries to take measures with respect to the Republic of Belarus that are similar to measures provided for in this Act.
SEC. 7. ANNUAL REPORTS.
(a) REPORTS.--Not later than 90 days after the date of the enactment of this Act, and every year thereafter, the President shall transmit to the appropriate congressional committees a report that describes, with respect to the preceding 12-month period, the following:
(1) The sale or delivery of weapons or weapons-related technologies from the Republic of Belarus to any country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly provided support for acts of international terrorism.
(2) An identification of each country described in paragraph (1) and a detailed description of the weapons or weapons-related technologies involved in the sale.
(3) An identification of the goods, services, credits, or other consideration received by Belarus in exchange for the weapons or weapons-related technologies.
(4) The personal assets and wealth of Aleksandr Lukashenka and other senior leadership of the Government of Belarus.
(b) FORM.--A report transmitted pursuant to subsection (a) shall be in unclassified form but may contain a classified annex.
SEC. 8. DECLARATION OF POLICY.
(1) expresses its support to those in the Republic of Belarus seeking--
(A) to promote democracy, human rights, and the rule of law and to consolidate the independence and sovereignty of Belarus; and
(B) to promote the integration of Belarus into the European community of democracies;
(2) expresses its grave concern about the disappearances of Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky;
(3) calls upon the Lukashenka regime in Belarus to cease its persecution of political opponents or independent journalists and to release those individuals who have been imprisoned for opposing his regime or for exercising their right to freedom of speech;
(4) calls upon the Lukashenka regime to end the pattern of clear, gross, and uncorrected violations of relevant human dimension commitments of the Organization for Security and Cooperation in Europe (OSCE), and to respect the basic freedoms of speech, expression, assembly, association, language, culture, and religion or belief;
(5) calls upon the Government of the Russian Federation to use its influence to encourage democratic development in Belarus so that Belarus can become a democratic, prosperous, sovereign, and independent state that is integrated into Europe;
(6) calls upon the Government of Belarus to resolve the continuing constitutional and political crisis in Belarus through--
(A) free, fair, and transparent presidential and parliamentary elections in Belarus, as called for by the OSCE;
(B) respect for human rights in Belarus;
(C) an end to the current climate of fear in Belarus;
(D) meaningful access by the opposition to state media in Belarus;
(E) modification of the electoral code of Belarus in keeping with OSCE commitments;
(F) engagement in genuine talks with the opposition in Belarus; and
(G) modifications of the constitution of Belarus to allow for genuine authority for the parliament; and
(7) commends the democratic opposition in Belarus for their commitment to freedom, their courage in the face of the repression of the Lukashenka regime, and the emergence of a pluralist civil society in Belarus--the foundation for the development of democratic political structures.
SEC. 9. DEFINITION.
In this Act, the term "appropriate congressional committees'' means--
(1) the Committee on International Relations of the House of Representatives; and
(2) the Committee on Foreign Relations of the Senate.