Congratulating the People of Ukraine

Congratulating the People of Ukraine

Hon.
Benjamin Cardin
United States
House of Representatives
109th Congress Congress
First Session Session
Tuesday, January 25, 2005

Mr. Speaker, I want to thank the gentleman from California (Mr. Lantos) and the gentleman from Illinois (Mr. Hyde) for their leadership on bringing this resolution forward. It is a very important moment in the history of the Ukraine.

 

I also want to congratulate my colleague, the gentleman from New Jersey (Mr. Smith) for his leadership on the Helsinki Commission that has consistently raised the issue of fair and transparent elections among the member states for the Organization of Security and Cooperation in Europe.

 

I want to congratulate Viktor Yushchenko and the people of the Ukraine on the fair and transparent run-off elections on December 26. What is very noteworthy is just 5 weeks earlier, that country had a run-off election that was marked by widespread fraud.

 

After that election on November 21, something happened in the Ukraine. The spirit of democracy that we have seen in so many of the former republics of the Soviet Union finally made its way to the Ukraine. The support from the United States was instrumental in bringing about a change in the Ukraine. The support within the OSCE in insisting that its member states comply with requirements of the fair and transparent elections also helped. The will of the people prevailed.

 

All of us remember what happened in Independence Square in Kiev known as the Orange Revolution. It gave strength to their country to seek freedom and fair elections. It gave strength to their institutions, and on December 3, the Supreme Court ruled the November 21 election invalid.

 

Now the Ukraine has followed the lead of the former Soviet republic Georgia in their Revolution of Roses to bring about a fair election process, but, Mr. Speaker, there is a hard task ahead. They have to overcome the dual legacy of corruption and disregard for the rule of law.

 

I know I speak for every person of this Chamber that if Ukraine follows the path of democracy and respect for human rights, as they showed in this past election, they will have this body, they will have this Nation on their side as they fight to develop a democratic system within their country.

 

I applaud this resolution. I strongly support it. I urge my colleagues to support it.

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    Ukraine’s struggle with corruption has prevented it from becoming a full, prosperous democracy and hinders its ability to respond effectively to Russian violations of its sovereignty. This Helsinki Commission staff report examines why corruption has been so persistent in Ukraine. It provides a historical analysis of corruption in Ukraine from its break with the Soviet system to today, reviewing the current state of reforms and providing recommendations in context. The resilience and influence of Ukraine’s oligarchs are at the heart of the country’s persistent corruption. Oligarchs have captured the Ukrainian state, crowding out non-corrupt political parties and competing with one another to steal Ukraine’s wealth. They are not so much businesspeople as courtiers, who transform political and personal connections into monopolies supported by the state. Two phenomena in particular have given rise to this system of oligarchic competition: (1) the lack of reforms in the early years of independent Ukraine, which resulted in incomplete economic liberalization, and (2) gas arbitrage, which has been uniquely devastating to reform attempts due to building so many oligarchic fortunes and providing a backdoor for Russia to influence Ukrainian politics for decades. Today’s Ukraine has implemented many important reforms that have helped to counter corruption, specifically in energy, finance, and economics. However, judicial reforms continue to lag behind. Commentators have observed that progress has slowed and frustration among civil society and the international community has increased. This report recommends that Ukraine move forward with remaining reforms, supported by both civil society and the international community. Most important is that Ukraine not allow backsliding to occur.  Ultimately, the oligarchs must be transformed from courtiers into entrepreneurs and businesspeople so as to finally end the pervasive institutionalized corruption. An empowered Ukrainian civil society—including independent media—will be paramount to such reforms, and has proven time and again that it is world class in its engagement. Key here is to condemn any attempt to hinder or harm civil society. The report makes numerous recommendations by sector, with an emphasis on the importance of reforming the judiciary. In particular, Ukraine should establish an anticorruption court as soon as possible, so as to provide the final necessary piece of Ukraine’s anticorruption architecture. Additional reform areas discussed include the safeguarding and further empowering of the anticorruption architecture; implementing privatization and additional regulatory and corporate governance reform as the next step for energy sector reform; pursuing consolidation and transparency as ideas for banking sector reform; and limiting parliamentary immunity. This report also discusses greater e-government and press freedom as mechanisms to empower Ukrainian civil society, including independent media, to monitor the reform process and prevent backsliding. Finally, it encourages the international community to continue its support for Ukraine and dig in for the long haul. Download the full report. This report was drafted by Helsinki Commission staff. Paul Massaro, Policy Advisor, served as lead author.  

  • Kyrgyzstan election: A historic vote, but is it fair?

    For the first time in the history of Kyrgyzstan, an elected president is due to peacefully hand over power after elections take place on Sunday. But critics say the political environment in Central Asia's "island of democracy" is deteriorating. Here's a look at the issues there - and who's likely to come out on top. Elections in Central Asia are usually easily predictable - the incumbent or the ruling party's candidate wins the vote with an overwhelming majority. But the vote in Kyrgyzstan offers a real competition and choice. Nearly 60 people applied to run in the race, 13 of whom were registered to stand. Two later dropped out. The incumbent, President Almazbek Atambayev, must leave office after six years. Under the Kyrgyz constitution, he may only serve one term. In neighbouring states, laws have often been changed to allow the incumbent to run again but this did not happen in Kyrgyzstan. President Atambayev also promised not to go for the prime minister's job in order to stay in power. Although one of the main candidates - Sooronbay Jeenbekov - is from the president's party, he is not guaranteed to win the vote. He faces a strong opponent - Omurbek Babanov, a prominent businessman and a former prime minister. Some candidates made the unusual move of endorsing their opponents after the campaign started. Experts say that they went through all the trouble of getting into the race in order to increase their political influence. They try to build a greater support base, which they use to negotiate a favourable deal with stronger candidates before pulling out of the race. Politicians can easily change sides, because it's not ideology or a political platform but their own personality that they use to appeal to the voters. Observers say that over the last couple of years the political climate in Kyrgyzstan has been deteriorating. The Helsinki Commission wrote that "the vote takes place amid mounting concerns of democratic backsliding, particularly regarding the government's treatment of political opposition, civil society and human rights defenders". President Atambayev has demonstrated increasing intolerance to criticism. The Sentyabr TV station which opposed him was closed last year for extremism, and activists say that there were blatant procedural violations during the trial. Several popular independent media outlets were sued and heavily fined for insulting the president. The government also tried to intimidate critics on social media. Security services identified Facebook users who criticised the president, and gave them warnings. Several political opponents of President Atambayev have also been sent to prison. Earlier this year, leaders of the opposition People's Parliament movement were jailed for allegedly plotting a coup. Omurbek Tekebayev, a former ally of President Atambayev who turned into a prominent critic, was sentenced to eight years in prison for corruption and fraud and subsequently barred from running for the presidency. Experts saw this case as politically motivated. The atmosphere got particularly tense following a major diplomatic spat between Kazakhstan and Kyrgyzstan. It started last month after a meeting between the president of neighbouring Kazakhstan, Nursultan Nazarbayev, and Mr Babanov. In an unusually harsh speech, President Atambayev accused his Kazakh counterpart of interfering in Kyrgyzstan's affairs, and warned them of worse to come. "I will speak differently if our neighbours don't come to their senses," he said. Since the beginning of the campaign, there have been numerous reports of violations by various candidates. There have been reports of people going house-to-house with a list of names and addresses and offering money to citizens if they vote for Mr Jeenbekov. Mr Babanov was also accused of vote-buying, and the Central Elections Committee issued him three warnings for violation of campaign rules. The Babanov team complained that security services were putting pressure on their candidate by recording their meetings and conversations and arresting his supporters. An influential MP, Kanatbek Isakov, was detained and charged with an attempt to organise a coup. Security services denied any political motive for the arrest, but Mr Babanov said that Mr Isakov had been arrested because he endorsed him. Despite all this, many voters feel encouraged by the fact that there are several strong candidates. In their view, this will ensure that the outcome is not rigged. "Our politicians know that the people will rise if there are serious violations, so they won't go into that," said one voter in the second city, Osh. Kyrgyzstan has experienced two major uprisings that ousted presidents in the past. And in both cases, rigged elections fuelled the protest mood.    

  • Systematic Attacks on Journalists in Russia and Other Post-Soviet States

    Representative Steve Chabot, Co-Chair of the House Freedom of the Press Caucus, opened the briefing with a statement highlighting the importance of a free and independent press in Russia and Eastern Europe, saying that it was more important now than ever to counter an increasingly bold Vladimir Putin and the spread of Kremlin-backed media. The Congressman affirmed support for the Broadcasting Board of Governors and how their work helps foster a greater independent press in the region. Jordan Warlick, U.S. Helsinki Commission staffer responsible for freedom of the media, introduced the panelists: Thomas Kent, President of Radio Free Europe/Radio Liberty (RFE/RL); Amanda Bennett, Director of Voice of America (VOA); Nina Ognianova, Coordinator for Europe and Central Asia at the Committee to Protect Journalists; and Karina Orlova, Washington correspondent for Echo of Moscow. Thomas Kent summarized the work and reach of RFE/RL in Russia and the former Soviet Union. He outlined the pressures that RFE/RL journalists face in the region covering the issues that matter to local people. Kent described the plight of several RFE/RL journalists who have been either attacked or detained due to their work, including Mykola Semena in Russian-occupied Crimea and Mykhailo Tkach in Ukraine. He added that reporting on corruption is often the most likely cause for attacks on journalists and that social media has expanded the reach of journalists work in the region. Amanda Bennett discussed the work of Voice of America in the region and its efforts to expand freedom of speech in the region. She outlined the vast audience of VOA broadcasting and emphasized that the Russian government has directly attacked VOA reporters. Bennett stated that VOA’s mission in Russia and the former Soviet Union, as with other regions around the world, was not only to provide high quality content to the audience and journalists alike, but also help foster an independent media, free from harassment. Representative Adam Schiff, Co-Chair of the House Freedom of the Press Caucus, gave remarks about the importance of an independent media in the former Soviet Union. He noted that journalists are often the first to suffer a backlash from authorities, as they investigate and report on issues that regimes do not want to draw attention to. Representative Schiff told the panel that he, along with then-Congressman Mike Pence, reestablished the House Freedom of the Press Caucus not long before the murder of Russian journalist Anna Politkovskaya in 2006. He thanked the panelists for the work to not only highlight attacks and harassment against journalists in the region, but also their efforts to protect and assist them and to further press freedom. Nina Ognianova highlighted numerous cases that the Committee to Protect Journalists had worked on in recent months with specific discussion of the situations in Russia, Ukraine, Azerbaijan, and Kyrgyzstan. Ognianova detailed the case of the harassment and temporary flight of Russian reporter Elena Milashina following her work on the torture and murder of gay men in Chechnya. Also listed were the cases of Belarus-born journalist Pavel Sheremet, who was killed in a car bombing in Kyiv in July 2016, the abduction and detention of Azerbaijani journalist Afgan Mukhtarli for his investigation of President Ilham Aliyev’s assets in Georgia, and the concerning claims of slander against journalists by the Kyrgyz President Almazbek Atambayev. Providing the audience with a firsthand perspective, Karina Orlova described her decision to flee Russia due to her work as a journalist. Karina spoke of how her Radio Echo of Moscow talk show garnered unfavorable attention from Chechens, following discussion of the Charlie Hebdo attacks on 7 January, 2015, and the magazine’s depiction of the prophet Muhammad. Ramzan Kadyrov directly threatened her station and her editor, Alexey Venediktov, right after the show. She detailed threatening phone calls from self-described Chechens her that labeled her as an enemy of the state. Karina raised other incidents of violence and intimidation against journalists, such as the attack on Oleg Kashin, which was directly ordered by the Governor of Pskov, and a lack of action to bring the perpetrators to justice. She also spoke of censorship by the Russian authorities, particularly towards any journalists that refer to the annexation of Crimea. Karina emphasized that sanctions against the Russian state and elite are working, despite claims to the contrary. Although some journalists are unfortunately forced to self-censor due to safety concerns, Karina refuses to do so herself.

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