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press release
Helsinki Commissioners Introduce Ukraine Religious Freedom Support Act
Friday, December 13, 2019WASHINGTON—Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) and Commissioner Rep. Emanuel Cleaver, II (MO-05) yesterday introduced the bipartisan Ukraine Religious Freedom Support Act (H.R. 5408) in the House of Representatives. The legislation combats Russia’s religious freedom violations in the Crimea and Donbas regions of Ukraine. Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) plans to introduce a companion bill in the Senate next week. “For more than five years, Russia has illegally occupied Crimea and controlled part of the Donbas with the armed groups it commands. Kremlin personnel and proxies abduct, imprison, and torture people in those regions for their faith,” said Rep. Wilson. “Russian officials are culpable, and this bill helps ensure they are held accountable.” “The Kremlin persecutes peaceful religious communities in occupied Crimea and crony-controlled eastern Donbas even more brutally and broadly than it does in Russia,” said Rep. Cleaver. “The Russian Government is violating international humanitarian law and its international commitments to respect and protect religious freedom. Creating consequences for the Kremlin for this lawlessness will mean justice for the people of Ukraine.” The Ukraine Religious Freedom Support Act would require the President of the United States to consider particularly severe violations of religious freedom in Russia-occupied or otherwise controlled territory in Ukraine when determining whether to designate Russia as a Country of Particular Concern (CPC) for such violations. The bill clarifies that Russia should be held responsible for violations in territory it occupies illegally or controls, not just for violations inside Russia’s internationally-recognized borders. The International Religious Freedom Act of 1998 requires the president to designate CPCs when their governments engage in or tolerate particularly severe violations of religious freedom. It also requires the president to take 15 specific actions, or commensurate action, in response. Last year, on behalf of President Donald Trump, Secretary of State Mike Pompeo designated Russia for the Special Watch List of countries where violations are severe. Russian forces first invaded Crimea in February 2014 and continue to illegally occupy it. Since April 2014, Russia has controlled parts of the Donbas region in eastern Ukraine with non-state armed groups and illegal entities it commands. Under international humanitarian law, including the Geneva Conventions, Russia is responsible for religious freedom violations in Crimea and parts of the Donbas. As a participating State of the Organization for Security and Cooperation in Europe, Russia has repeatedly committed to respect and protect freedom of religion or belief. The Helsinki Commission has compiled 16 documents outlining religious freedom commitments made by OSCE participating States. Original co-sponsors of the legislation include Helsinki Commissioners Rep. Gwen S. Moore (WI-04), Rep. Brian Fitzpatrick (PA-01), Rep. Marc A. Veasey (TX-33), and Rep. Steve Cohen (TN-09). Rep. Anna G. Eshoo (CA-18), Rep. Mark Meadows (NC-11), Rep. Mike Quigley (IL-05), Rep. Gus M. Bilirakis (FL-12), Rep. Daniel W. Lipinski (IL-03), Rep. Andy Harris, M.D. (MD-01), and Rep. Marcy Kaptur (OH-09) are also original co-sponsors.
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press release
Senators Cardin and Wicker Introduce Countering Russian and Other Overseas Kleptocracy (CROOK) Act
Wednesday, December 11, 2019WASHINGTON—Helsinki Commission Ranking Member Sen. Ben Cardin (MD) and Co-Chairman Sen. Roger Wicker (MS) today introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act (S. 3026). The CROOK Act would establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries as well as streamline the U.S. Government’s work building the rule of law abroad. On July 18, 2019, Rep. Bill Keating (MA-10) and Helsinki Commissioner Rep. Brian Fitzpatrick (PA-01) introduced a similar bill in the U.S House of Representatives. “Corruption has become the primary tool of authoritarian foreign policy,” said Sen. Cardin. “Reprehensible regimes steal the livelihoods of their own people and then use that dirty money to destabilize other countries. No leader deploys this strategy more blatantly and destructively than Vladimir Putin, who has devastated the Russian economy and the lives of ordinary Russians to advance his own interests.” “This bill would bolster the legal and financial defenses of U.S. allies against the influence of Russia, China, Venezuela, and other authoritarian regimes,” said Sen. Wicker. “By working together, we can close off opportunities for corrupt actors to undermine democracy around the world.” The anti-corruption action fund established in the 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, such as 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. The legislation would also 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. The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, endeavors to counter corruption and malign influence in all its forms. Helsinki Commissioners have sponsored and cosponsored other anti-corruption legislation such as the Kleptocrat Exposure Act (H.R. 3441), the Foreign Extortion Prevention Act (H.R. 4140), the Transnational Repression Accountability and Prevention Act (H.R. 4330/S. 2483), and the Rodchenkov Anti-Doping Act (H.R. 835/S. 259).
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hearing
Public Diplomacy, Democracy, and Global Leadership
Thursday, December 05, 2019For more than a century, the United States has advanced shared human rights, economic, and security policy goals in the transatlantic relationship by cultivating people-to-people ties through public diplomacy initiatives. As democracies around the world face new challenges emanating from demographic shifts, technological advancements, and evolving security threats, the need for public diplomacy initiatives that cultivate leaders who espouse democratic principles, including inclusive and representative governance, grows more relevant. The U.S. Helsinki Commission convened a hearing to focus on U.S.-led public diplomacy international exchange initiatives that strengthen democratic institutions by targeting young and diverse leaders, encouraging civic engagement, and fostering social inclusion and cohesion in the OSCE region. Presiding over the hearing, Chairman Alcee L. Hastings (FL-20) stated, “This year, under my leadership, the Helsinki Commission has held events on the importance of international election observation, good governance, and focused on democratic backsliding in particular countries as part of our continued commitment to the underlying principles of the Helsinki Final Act. Common to all of these issues is the role good leaders can play in ensuring free and fair elections; laws that are equitable, transparent, and enforced; and laying the groundwork to ensure protections and rights for all in their constituencies […] for the long-term stability of our nation and the transatlantic partnership.” In his opening remarks, Chairman Hastings also noted that he planned to introduce legislation to support of leadership exchanges and knowledge-building between diverse transatlantic policymakers, and to encourage representative democracies. He also announced a February program for young OSCE parliamentarians to strengthen their political inclusion and advance peace and security efforts. Chairman Hastings was joined by Commissioners Rep. Emanuel Cleaver, II (MO-05) and Rep. Marc Veasey (TX-33). Rep. Veasey raised the importance of metrics in assessing the impact of leadership programs and soft diplomacy, while Rep. Cleaver stated, “For the first time since the end of World War II, the extreme right is actually winning seats in the German Parliament,” highlighting increased security risks related to public diplomacy programs operating in countries that have seen an increase in hate crimes and racial prejudice. Witnesses included Cordell Carter, II, Executive Director of the Socrates Program at the Aspen Institute; Stacie Walters Fujii, Chair of the American Council of Young Political Leaders; and Lora Berg, Counselor for Inclusive Leadership at the German Marshall Fund of the United States. Carter reviewed the Aspen Institute’s public policy programming on transatlantic relations and discussed the importance of promoting democratic values, including efforts to strengthen the capacity of congressional staff and encourage dialogues around the United States on being an “inclusive republic.” He concluded by asking Congress to create more opportunities for public discourse on issues that threaten the stability of democracies around the world. Fujii discussed the importance of international exchanges in supporting democracies and the work of American Council of Young Political Leaders (ACYPL). ACYPL was founded in 1966 to strengthen transatlantic relationships by promoting mutual understanding among young political leaders in Western Europe and the former Soviet Union. Critical aspects of the program include offering international leaders the opportunity to come to the U.S. to observe campaigning, polling stations, election returns, and the response of the American people to elections, complemented by follow-on educational conversations about democratic processes in their countries. Berg highlighted the importance of public diplomacy initiatives in advancing inclusive leadership and observed that nations gain in richness and capacity when diversity is reflected in leadership. She also noted that inclusive leadership not only plays an important role in promoting social harmony, but it also helps to ensure economic growth, stating that “the places with the highest social cohesion are the most reliable for investment.” Berg explained that the GMF’s Transatlantic Inclusion Leaders Network (TILN) grew out of work she engaged in while working for the Department of State. TILN is an innovative network of young, diverse leaders across the United States and Europe supported by the Helsinki Commission and State Department. Berg argued for the expansion of U.S. Government-supported public diplomacy inclusive leadership initiatives targeting youth and diverse populations in western democracies, including through public-private partnerships, the creation of a public diplomacy officer position in Europe to foster Europe-wide next generation transatlantic leadership, and increased political participation measures domestically and abroad for diverse populations.
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briefing
It's All About the Money
Tuesday, December 03, 2019As the countries of the Western Balkans continue to seek the integration that promises stability and prosperity, the inability to genuinely confront and overcome official corruption through good governance measures has undoubtedly slowed their progress. Foreign investment—vital to improved economic performance—is discouraged by a business climate characterized by weak adherence to the rule of law. As a result, the countries of the region are witnessing a “brain drain” as the most talented and well-educated leave. They also remain vulnerable to malign foreign investors, including Russia, that pursue political influence rather than profits. Current political leaders have little incentive to make further democratic changes that could lead to their removal from power; they instead rely on lingering nationalist sentiments to continue benefiting from the corrupt practices they tolerate. At this Helsinki Commission briefing, experts from Serbia, North Macedonia, and Bosnia and Herzegovina analyzed the gaps in governance that facilitate the inflow of “corrosive capital” and subsequent foreign meddling in the Western Balkans, and encourage an exodus of the best and brightest from the region. Panelists also suggested specific ways to strengthen economic resiliency, democratic transition, and the possibilities for integration.
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press release
Helsinki Commission to Review Role of Professional Exchanges in Strengthening Democratic Institutions
Monday, December 02, 2019WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: PUBLIC DIPLOMACY, DEMOCRACY, AND GLOBAL LEADERSHIP An Approach for the 21st Century Thursday, December 5, 2019 10:00 a.m. Longworth House Office Building Room 1334 Live Webcast: www.youtube.com/HelsinkiCommission For more than a century, the United States has advanced human rights, economic, and security policy goals in Europe by cultivating people-to-people ties across the Atlantic. More than 500 heads of state, 100 Members of Congress, and thousands of professionals have participated in U.S. Government-sponsored exchanges, including the State Department’s International Visitor Leadership Program, while public and private organizations have hosted similar programs to bring leaders together. Witnesses at the hearing will explore the origins and role of professional exchanges and other public diplomacy programs that strengthen relationships with U.S. allies in the face of shared challenges including eroding trust in democratic institutions, demographic shifts, technological advancements, and evolving security threats. In particular, the hearing will focus on international exchange initiatives that strengthen democratic institutions by targeting young and diverse leaders, encouraging civic engagement, and fostering social inclusion and cohesion in the OSCE region. The following witnesses are scheduled to participate: Lora Berg, Senior Fellow, Leadership Programs, German Marshall Fund of the United States Cordell Carter, II, Executive Director, Socrates Program, The Aspen Institute Stacie Walters Fujii, Chair, American Council of Young Political Leaders (ACYPL) Photo credit: German Marshall Fund of the United States
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press release
Corruption in the Western Balkans Focus of Upcoming Helsinki Commission Briefing
Friday, November 22, 2019WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: IT’S ALL ABOUT THE MONEY Corruption as a Brake on Balkan Recovery Tuesday, December 3, 2019 2:00 p.m. Cannon House Office Building Room 210 Live Webcast: www.facebook.com/HelsinkiCommission As the countries of the Western Balkans continue to seek the integration that promises stability and prosperity, the inability to genuinely confront and overcome official corruption through good governance measures has undoubtedly slowed their progress. Foreign investment—vital to improved economic performance—is discouraged by a business climate characterized by weak adherence to the rule of law. As a result, the countries of the region are witnessing a “brain drain” as the most talented and well-educated leave. They also remain vulnerable to malign foreign investors, including Russia, that pursue political influence rather than profits. Current political leaders have little incentive to make further democratic changes that could lead to their removal from power; they instead rely on lingering nationalist sentiments to continue benefiting from the corrupt practices they tolerate. At this Helsinki Commission briefing, experts from Serbia, North Macedonia, and Bosnia and Herzegovina will analyze the gaps in governance that facilitate the inflow of “corrosive capital” and subsequent foreign meddling in the Western Balkans, and encourage an exodus of the best and brightest from the region. Panelists also will suggest specific ways to strengthen economic resiliency, democratic transition, and the possibilities for integration. Panelists scheduled to participate include: Martina Hrvolova, Program Officer for Europe and Eurasia, Center for International Private Enterprise (CIPE) Igor Novakovic, Research Director, International and Security Affairs Centre (ISAC) in Serbia Misha Popovikj, Project Coordinator - Researcher, Institute for Democracy Societas Civilis Skopje (IDSCS) in North Macedonia Igor Stojanovic, Researcher with the Center for Civic Initiatives in Bosnia and Herzegovina
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press release
Helsinki Commission Leaders Mark 10th Anniversary of Death of Sergei Magnitsky
Friday, November 15, 2019WASHINGTON—Ahead of the ten-year anniversary of Sergei Magnitsky’s death on November 16, Helsinki Commission leaders issued the following statements: “Sergei Magnitsky was a fearless truth-teller who wanted to make his country a better place,” said Chairman Rep. Alcee L. Hastings (FL-20). “Unfortunately, his brave actions were rewarded not with accolades from the Russian Government, but with vicious abuse and death in a cold jail cell. Not much has changed in today’s Russia. We must honor his legacy by continuing to stand up for those who are voiceless and defend human rights at home and abroad.” “The recent ruling against Russia in the European Court of Human Rights is an important vindication for the Magnitsky family, but real justice remains elusive,” said Co-Chairman Sen. Roger Wicker (MS). “Russian authorities still have made no effort to punish those involved in Sergei Magnitsky’s detention and abuse. America has not forgotten Sergei Magnitsky—his legacy continues to inspire people around the world to hold fast to the truth in the face of intimidation and violence by authoritarian regimes.” “Vladimir Putin’s Russia is a perilous place for those who dare to challenge the authorities. No one knew that truth more than Sergei Magnitsky,” said Ranking Member Rep. Joe Wilson (SC-02). “Ten years on, his death reminds us that defending human rights is vital to promoting democracy. I honor Sergei Magnitsky’s memory and hopefully await the dawning of a new age in Russia in which Sergei will be acknowledged as a hero instead of vilified and falsely accused.” “Sergei Magnitsky’s faithfulness to the truth cost him his life. His legacy spurred a quest for justice in Russia and around the world,” said Ranking Member Sen. Ben Cardin (MD). “The Sergei Magnitsky and Global Magnitsky Acts make clear to all that the United States stands with those whose rights and basic freedoms are repressed. It should never be U.S. policy to normalize the behavior of human rights abusers and despots. Human rights cannot and should not be open to compromise; it must be a cornerstone of our foreign policy agenda. A decade after his death, we both mourn Sergei Magnitsky and remember his courage. Through his actions, he taught us that we are all capable of rising to the challenge and standing up for justice.” In 2008, Sergei Magnitsky, who advised Hermitage Capital Management in a dispute over alleged tax evasion in Russia, discovered a $230 million fraud being committed by Russian law enforcement officers assigned to the case. Magnitsky reported the fraud to the authorities and was arrested soon after by the same officers he had accused. For almost a year, Magnitsky was held in squalid prison conditions, denied visits from his family, and beaten by guards. Despite developing serious cases of gallstones, pancreatitis, and cholecystitis, he was denied medical attention. On November 16, 2009, Sergei Magnitsky was beaten to death in his cell. He had been imprisoned for 358 days, just seven days short of the maximum legal pre-trial detention period in Russia.
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press release
Hastings and Cardin Condemn Mob Attack on Budapest Community Center
Friday, October 25, 2019WASHINGTON—Following Wednesday’s mob attack on Aurora, a small Jewish community center that provides office space to civil society groups in Budapest, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Ranking Member Sen. Ben Cardin (MD) issued the following statements: “Wednesday’s mob attack on Aurora is an alarming escalation of violence toward minorities and civil society groups in Hungary. This second attack by paramilitary-style extremists in less than a month sends a frightening message: Authorities cannot, or will not, protect you,” said Chairman Hastings. “A decade ago, far-right extremists in Hungary orchestrated dozens of violent attacks, murdering six Hungarians including five-year-old Robert Csorba. The Government of Hungary must not allow such a tragedy to occur again.” “The Hungarian Government may boast of a ‘zero-tolerance for anti-Semitism’ policy abroad, but in reality, in Budapest they traffic in anti-Semitic tropes, honor fascist-era leaders and ideologues, and stoke hatred of migrants and Muslims,” said Sen. Cardin, who also serves as the OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism, and Intolerance. “Actions speak louder than words. I hope that available photographs of the mob will aid law enforcement in the investigation and prosecution of the perpetrators, and I commend the district’s newly elected mayor for visiting Aurora and seeking to ensure its safety.” Marom, a Hungarian Jewish association, established and runs Aurora Community Center, an umbrella organization that provides office space to small civil society groups including the Roma Press Center, migrant aid, and Pride Parade organizers. In Wednesday’s attack, the mob burned a rainbow flag and branded a para-military logo onto the premises. On September 26, the center also was attacked and vandalized by extremists. Under the Orbán government, the conditions for independent nongovernmental organizations (NGOs) in Hungary have deteriorated. Over the past two years, Hungarian authorities have accused Marom of administrative violations ranging from mismatched dates on official documents to, most recently, lacking an appropriate agreement with the center’s landlord. In 2018, Hungary passed a law establishing a 25 percent tax on organizations which engage in “propaganda activity that portrays immigration in a positive light.” It is a tax on government-disfavored speech. Hungary also adopted amendments to its "law on aiding illegal migration" that make handing out know-your-rights leaflets punishable by up to one year in prison. In 2017, Hungary adopted a Russian-style "foreign agent" law which, according to the U.S. Department of State, “unfairly burdens a targeted group of Hungarian civil society organizations, many of which focus on fighting corruption and protecting human rights and civil liberties.” The bill was proposed by the far-right wing party Jobbik. In 2014, armed police carried out raids on 13 civil society organizations, seizing computers and documents for alleged financial misconduct. No charges were ever brought against the NGOs. Between 2008 and 2010, at least six people were murdered, many others were injured, and whole communities were terrorized in a series of attacks by right-wing extremists. Maria Balog was shot in her own home in a middle-of-the-night raid that also wounded her 13-year-old daughter. Jeno Koka was shot as he got in his car to go to work. Five-year-old Robert Csorba and his father were killed by sniper fire while attempting to escape an arson attack on their home.
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press release
HELSINKI COMMISSION TO REVIEW NEW WAYS TO FIGHT FOREIGN BRIBERY
Thursday, October 17, 2019THIS HEARING HAS BEEN POSTPONED. RESCHEDULING INFORMATION WILL BE AVAILABLE SHORTLY. WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: ANTI-CORRUPTION INITIATIVES TO FIGHT EMERGING METHODS OF FOREIGN BRIBERY Thursday, October 24, 2019 10:00 a.m. Rayburn House Office Building Room 2128 Live Webcast: www.youtube.com/HelsinkiCommission The methods of foreign corrupt actors in the global economy have changed dramatically since America assumed the mantle of international anti-corruption champion with the passage of the Foreign Corrupt Practices Act (FCPA) in 1977. The integration of formerly closed states into the global economy and the development of transformative technologies have led to unprecedented wealth, but also unprecedented corruption. This globalized variant of corruption hollows out rule-of-law institutions and threatens to dismantle the liberal world order that underpins U.S. national security and prosperity. This hearing will examine new anti-corruption trends and initiatives to determine how the United States can most effectively engage the evolving threat of foreign bribery. Currently, while the United States still leads the world in investigating and prosecuting this crime, the foreign corrupt officials who demand bribes are not liable under U.S. law. The Foreign Extortion Prevention Act (FEPA), developed with the support of the Helsinki Commission, seeks to close this loophole. The hearing also will examine dual-use technologies such as blockchain, which have the potential to help fight foreign bribery, but also to facilitate it. The following witnesses are scheduled to testify: Patrick Moulette, Head of the Anti-Corruption Division, OECD Directorate for Financial and Enterprise Affairs Casey Michel, Journalist David Lawrence, Founder and Chief Collaborative Officer, RANE Eric Lorber, Senior Director, Center on Economic and Financial Power, Foundation for Defense of Democracies Additional witnesses may be added.
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press release
Chairman Hastings on Yom Kippur Shooting outside German Synagogue
Thursday, October 10, 2019WASHINGTON—Following yesterday’s shooting outside of a synagogue in Halle, Germany, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “I am heartbroken to hear about the shooting near a synagogue in Germany where Jewish worshippers gathered to observe Yom Kippur. I stand in solidarity with the two innocent lives lost and the families and worshippers who were impacted by this senseless act of violence and hatred. As we commemorate the one-year anniversary of the Pittsburgh synagogue tragedy later this month, we must do more across borders to address these common challenges together.”
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statement
INTRODUCTION OF THE TRANSNATIONAL REPRESSION ACCOUNTABILITY AND PREVENTION ACT OF 2019 (TRAP ACT)
Monday, September 16, 2019Mr. HASTINGS. Madam Speaker, as Chairman of the U.S. Helsinki Commission—a congressional watchdog for human rights and democracy in Europe and Eurasia—I am frequently reminded of the new opportunities that technology and globalization present for human rights defenders around the globe. For those struggling to defend their liberty and human dignity, our interconnected world brings with it the possibility of sharing information, coordinating action, and demonstrating solidarity across thousands of miles in fractions of a second. It means that truth is more capable of piercing the veil of enforced ignorance erected by the world’s most repressive states Technology also further empowers dissidents in exile to connect with, and influence the foot soldiers of freedom who march on in their homelands. But with these new openings for liberty come novel approaches to repression. Authoritarian and autocratic regimes are appropriating agile, 21st century technology to prop up sclerotic systems of brutality and corruption. Technological developments have provoked greater feelings of insecurity in these brittle regimes and propelled them to extend their repression far beyond their borders, sometimes reaching into the refuge of democratic societies where political opponents, independent journalists, and civil society activists operate in safety. Madam Speaker, I recently introduced bipartisan legislation to tackle these emerging challenges with my friend and Helsinki Commission Ranking Member, Representative JOE WILSON of South Carolina We are confident that this legislation, supported by the bicameral leadership of the Helsinki Commission and other leaders on human rights, will place the United States on course to lead the free world in holding the line against these modern manifestations of political persecution, or what some have called ‘‘transnational repression.’’ The Transnational Repression Accountability and Prevention Act—or TRAP Act—is designed to counter one key instrument in the autocrat’s 21st century toolkit politically-motivated abuse of the International Criminal Police Organization, more commonly known as INTERPOL. INTERPOL is a legitimate and potent tool for international law enforcement cooperation—one that the United States relies on heavily to bring criminals to justice and thwart threats to security around the globe. Sadly, autocrats have recognized the potential for repression in INTERPOL’s worldwide communications system that ties into the law enforcement agencies of its 194 member countries. The Helsinki Commission regularly receives credible reports from human rights defenders, journalists, political activists, and businesspeople who have fallen victim to the efforts of corrupt regimes to ensnare them using INTERPOL’s system of international requests for arrest and extradition, known as Red Notices and Diffusions. These are the modern-day ‘‘traps’’ addressed by the TRAP Act. Because of these notices, innocent individuals live in fear of traveling mternationally and have been detained, had their bank accounts closed, and, sometimes, been returned into the hands of the very regimes from which they escaped. Madam Speaker, our legislation opens three new fronts agamst the threat of INTERPOL abuse. First, it clearly states that it is the policy of the United States to use our influence in INTERPOL to advance specific reforms that increase transparency and accountability for those that abuse the system while helping the organization to live up to its stated obligations to uphold international human rights standards and resist politicization It further establishes that the United States will use its diplomatic clout to confront countries that abuse INTERPOL and work to ensure the freedom of movement and ability to engage in lawful commerce of victims of this abuse the world over. Second, the TRAP Act exerts oversight over the United States’ internal mechanisms to identify, challenge, and respond to instances of INTERPOL abuse. The bill requires the Departments of Justice, Homeland Security, and State—in coordination with other relevant agencies—to submit to Congress an assessment of the scope and seriousness of autocratic abuse of INTERPOL, an evaluation of the adequacy of the processes in place domestically and at INTERPOL to resist this abuse, and a plan for improving interagency coordination to confront this phenomenon. Third, and perhaps most importantly, the TRAP Act places strict limitations on how the United States Government can use INTERPOL notices in legal or administrative proceedings that could interfere with the freedom or immigration status of individuals in our country. We have been deeply concerned by reports that some authorities in this country have improperly cited INTERPOL notices from autocratic countries to detain individuals and place them in danger of being returned to the very countries from which they fled. The TRAP Act will make crystal clear that autocratic regimes cannot use INTERPOL notices to weaponize the U.S. judicial system against their political targets. Madam Speaker, these measures are critical to restricting the freedom that some autocratic regimes have enjoyed to harass, persecute, and detain their political opponents around the world. Authoritarian and autocratic states like China, Russia, Kazakhstan, Tajikistan, Turkey, Azerbaijan, and Venezuela must be called out by name and held to account for their repeated manipulation of legitimate law enforcement tools for petty political ends. Madam Speaker, I would also like to place the TRAP Act in the context of the other work that the U.S. Helsinki Commission has done to address the grave threat of transnational repression and malign influence by authoritarian regimes. The Countering Russian and Other Overseas Kleptocracy—or ‘‘CROOK’’ Act, the Kleptocrat Exposure Act, and the Rodchenkov Anti-Doping Act have all been the result of a focus by Commissioners and Commission staff on developing a bipartisan congressional response to the existential threat of global authoritarianism. We can no longer sit idly by, content that those who wish to do us harm are on the other side of the world. In this new age of autocracy, the threat is here—now—and it comes in the form of abusive Red Notices, dirty money, and bought-and-paid-for lawfare tactics The purpose of these tactics is to silence journalists and activists, hollow out the rule of law, and ensure that no one ever dare pursue this new class of transnational kleptocrats whose sole goal is the wholesale looting of the countries they claim to serve and the seamless transfer of those ill-gotten gains to our shores and those of our allies.
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article
2019 Human Dimension Implementation Meeting
Friday, September 13, 2019From September 16 to September 27, OSCE participating States will meet in Warsaw, Poland, for the 2019 Human Dimension Implementation Meeting (HDIM), organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR). As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress. During the 2019 meeting, three specifically selected topics will each be the focus of a full-day discussion: “safety of journalists,” “hate crimes,” and “Roma and Sinti.” These special topics are chosen to highlight key areas for improvement in the OSCE region and promote discussion of pressing issues. Human Dimension Implementation Meeting 2019 Since the HDIM was established in 1998, the OSCE participating States have a standing agreement to hold an annual two-week meeting to review the participating States’ compliance with the human dimension commitments they have previously adopted by consensus. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as refugee migration and human trafficking), and concerns relating to tolerance and nondiscrimination (such as countering anti-Semitism and racism). Each year, the HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma and Sinti. Unique about the HDIM is the inclusion and strong participation of non-governmental organizations. The United States has been a stout advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE structures allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. Members of the U.S. delegation to the 2019 HDIM include: Ambassador James S. Gilmore, U.S. Permanent Representative to the OSCE and Head of Delegation Christopher Robinson, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs Roger D. Carstens, Deputy Assistant Secretary, Bureau of Democracy, Human Rights, and Labor Elan S. Carr, Special Envoy to Monitor and Combat Anti-Semitism Alex T. Johnson, Chief of Staff, U.S. Helsinki Commission
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press release
Helsinki Commission Leaders Introduce Transnational Repression Accountability and Prevention (TRAP) Act
Thursday, September 12, 2019WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Ranking Member Rep. Joe Wilson (SC-02) today introduced the Transnational Repression Accountability and Prevention (TRAP) Act (H.R. 4330) in the House of Representatives. Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) introduced the TRAP Act (S. 2483) in the Senate on Tuesday. The legislation addresses politically-motivated abuse of the International Criminal Police Organization (INTERPOL) by autocracies. “Today’s autocrats don’t simply try to silence journalists, activists, and other independent voices at home. They also hunt them down in their places of refuge abroad,” said Chairman Hastings. “Such repressive regimes even manipulate INTERPOL—a legitimate and potent tool for international law enforcement cooperation—to trap their targets using trumped-up requests for detention and extradition. The United States must act to prevent this flagrant abuse and protect those who fight for freedom, human rights, and the rule of law." “Instead of facing consequences for their serial abuse of INTERPOL, autocratic states like Russia and China have instead jockeyed for senior positions in the organization,” said Co-Chairman Wicker. “The United States and other democracies should impose real costs for this global assault on the rule of law. This legislation would ensure that the United States remains at the forefront of defending the vulnerable against the long arm of state repression.” “The Transnational Repression Accountability and Prevention Act continues the tradition of U.S. leadership in combating INTERPOL abuse, holding perpetrators accountable, and advancing necessary reforms within the U.S. Government and INTERPOL to respond to this threat,” said Rep. Wilson. “This legislation makes it clear that the United States stands on the side of freedom for those who defy repression, resist corruption, and defend human rights wherever they seek refuge and a voice.” “Autocratic regimes are increasingly exporting their repression overseas, including to our own country. The United States must respond more forcefully to these attacks against the rule of law and deter the serial abuse of INTERPOL by repressive governments,” said Sen. Cardin. “This legislation is critical to establishing stronger protections for dissidents and other independent voices whom these regimes wish to apprehend in the United States on politically motivated charges.” The Helsinki Commission regularly receives credible reports from political dissidents, human rights defenders, and members of the business community who are the subject of politically-motivated INTERPOL Notices and Diffusions requested by autocratic regimes. These mechanisms, which function effectively as extradition requests, can be based on trumped-up criminal charges and used to detain, harass, or otherwise persecute individuals for their activism or refusal to acquiesce to corrupt schemes. Following reports that U.S. immigration authorities have cited such politically-motivated INTERPOL requests to detain some individuals and consider removing them from the United States, the TRAP Act formally codifies strict limitations on how INTERPOL requests can be used by U.S. authorities. The TRAP Act further declares that it is the policy of the United States to pursue specific reforms within INTERPOL and use its diplomatic clout internationally to protect the rights of victims and denounce abusers. The bill requires the Departments of Justice, Homeland Security, and State, in consultation with other relevant agencies, to provide Congress with an assessment of autocratic abuse of INTERPOL, what the United States is doing to counteract it, and how to adapt United States policy to this evolving autocratic practice. The State Department would also be required to publicly report on the abuse of INTERPOL in its annual Country Reports on Human Rights to create a transparent, public record of these violations of the rule of law. Russia is among the world’s most prolific abusers of INTERPOL’s Notice and Diffusion mechanisms. Other participating States of the Organization for Security and Cooperation in Europe (OSCE)—principally Azerbaijan, Kazakhstan, Tajikistan, and Turkey—and other authoritarian states, such as China, also reportedly target political opponents with INTERPOL requests that violate key provisions of INTERPOL’s Constitution, which obligate the organization to uphold international human rights standards and strictly avoid involvement in politically-motivated charges. Original co-sponsors of the legislation include Helsinki Commission members Sen. Marco Rubio (FL), Sen. Cory Gardner (CO), Sen. Sheldon Whitehouse (RI), Rep. Steve Cohen (TN-09), Rep. Brian Fitzpatrick (PA-01), Rep. Richard Hudson (NC-08), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. John Curtis (UT-03), Rep. Sheila Jackson Lee (TX-18), and Rep. Tom Malinowski (NJ-07) are also original co-sponsors.
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press release
Helsinki Commission Hearing to Probe Autocratic Abuse of Interpol
Wednesday, September 04, 2019WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: TOOLS OF TRANSNATIONAL REPRESSION How Autocrats Punish Dissent Overseas Thursday, September 12, 2019 10:00 a.m. – 12:00 p.m. Cannon House Office Building Room 210 Live Webcast: www.youtube.com/HelsinkiCommission As modern technology has allowed political dissidents and human rights defenders to operate from almost anywhere on the planet, repressive regimes have searched for opportunities to reach those who threaten their rule from afar. To silence dissent from abroad, autocrats often turn to the International Criminal Police Organization, known as INTERPOL, to file bogus criminal claims seeking the arrest and extradition of their political targets. This abuse of INTERPOL Red Notices and Diffusions enables autocratic governments to harass and intimidate their opponents thousands of miles away, even within free and democratic societies. The U.S. Helsinki Commission will convene an expert panel to highlight how autocrats today use INTERPOL and other means such as surveillance, abduction, and assassination to punish dissent overseas. Witnesses will suggest how the United States and other democratic nations can defend against these threats to the rule of law domestically and internationally. The following witnesses are scheduled to participate: Alexander Cooley, Director, Columbia University's Harriman Institute for the Study of Russia, Eurasia and Eastern Europe; Claire Tow Professor of Political Science, Barnard College Sandra A. Grossman, Partner, Grossman Young & Hammond, Immigration Law, LLC Bruno Min, Senior Legal and Policy Advisor, Fair Trials Nate Schenkkan, Director for Special Research, Freedom House Additional witnesses may be added.
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in the news
A Push to Let the U.S. Charge Foreign Officials With Bribery
Monday, August 19, 2019One of the hallmarks of the Foreign Corrupt Practices Act has been that it cannot be used against a foreign official who demands or takes a bribe for helping a company win a contract or retain business. A bill introduced in Congress this month seeks to change that. Called the Foreign Extortion Prevention Act, the legislation would expand the prohibition on bribery to foreign officials who demanded or solicited bribes. The Foreign Corrupt Practices Act’s prohibition on paying bribes abroad is limited to companies in the United States and those acting in this country. It has always excluded the foreign official who takes the bribe, and courts over the years have reaffirmed that. In United States v. Castle, a 1991 decision, the United States Court of Appeals for the Fifth Circuit found that two Canadian officials could not be prosecuted for a conspiracy to violate the F.C.P.A. because Congress exempted foreign officials. In United States v. Hoskins, a 2018 ruling, the federal appeals court in Manhattan held that a foreign national who was never in the United States could not be prosecuted under the foreign bribery law because “Congress did not intend for persons outside of the statute’s carefully delimited categories to be subject to conspiracy or complicity liability.” The bill, which has both Democrats and Republicans as sponsors, would put the prohibition on a foreign official’s accepting a bribe under the federal anti-bribery statute, 18 U.S.C. § 201, rather than the Foreign Corrupt Practices Act. The proposal would also make it a crime for a foreign official “otherwise than as provided by law for the proper discharge of official duty” to demand or accept anything of value for being influenced in the performance of official responsibilities. But putting the prohibition under the federal anti-bribery statute would subject it to the limitations the Supreme Court placed on the law in its 2016 ruling in McDonnell v. United States. That case overturned the conviction of a former governor of Virginia by rejecting a broad reading of what is an “official act.” The justices explained that it must involve “a formal exercise of governmental power that is similar in nature to a lawsuit, administrative determination or hearing.” They found that “merely setting up a meeting, hosting an event or contacting an official — without more — does not count as an ‘official act.’” Favoring a business by arranging meetings or contacting other foreign officials to help it win a contract may not rise to the level of an “official act,” especially if the foreign official who received the bribe did not have the direct authority to decide who should be awarded a contract. So the potential limitations on the federal bribery statute could be read into prosecutions of foreign officials for accepting bribes that violated the F.C.P.A. The F.C.P.A. also contains two defenses that were added in 1988. One is the “local law” defense, which allows a defendant to show that under the written laws and regulations of the place where the bribe occurred that it was not illegal. Another defense permits small “facilitation payments” to obtain routine government action in the country. In both situations, a foreign official could argue that these defenses should preclude liability for accepting a payment. A greater potential issue for the Justice Department if the legislation becomes law is whether a foreign official will be brought to the United States to face a criminal charge. If the person is still in office, a foreign government may be reluctant to send the person to America. But a criminal indictment would most likely limit where the foreign official could travel. The person would need to avoid countries that have an extradition treaty with the United States. The Department of Justice has not been without tools to punish foreign officials who engage in bribery. The money-laundering statute allows a foreign official receiving money through bribery, misappropriation or theft of public funds to be charged with a crime. Federal prosecutors could also use the Travel Act, which prohibits traveling into the United States to engage in bribery. Both statutes, though, require either travel to the United States or a financial transaction using the United States financial system. The new legislation would make it much easier to pursue a foreign official. The Justice Department would not have to show a connection to the United States beyond a payment by an American company. Whether it would result in an increase in prosecutions is a different question. Still, simply charging the official could have the effect of identifying who was responsible in a country for accepting illegal bribes. That should make it easier for American companies and their employees to demand fairness from foreign officials rather than being extorted for payments.
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press release
Representatives Jackson Lee, Curtis, Malinowski, and Hudson Introduce Foreign Extortion Prevention Act
Friday, August 02, 2019WASHINGTON—Rep. Sheila Jackson Lee (TX-18), Rep. John Curtis (UT-03), Rep. Tom Malinowski (NJ-07) and Rep. Richard Hudson (NC-08) today introduced the Foreign Extortion Prevention Act. The legislation, developed with the support of the U.S. Helsinki Commission, will criminalize extortion by foreign officials, enabling the Department of Justice to indict such officials for demanding bribes to fulfill, neglect, or violate their official duties. Currently, only paying or offering a bribe abroad is illegal under U.S. law. “Transnational kleptocrats pose a serious national security threat to the United States. They act as agents of U.S. adversaries, undermining the rule of law internationally and in their own countries, and accessing elite circles and levers of power in democracies through strategic graft and corruption. U.S. prosecutors have been able to indict such individuals under criminal statutes such as wire fraud, mail fraud, and the Travel Act; however, these laws were not designed to tackle the problem of transnational kleptocracy, and each contain deficiencies which make it less than ideal for prosecuting foreign extortion. We cannot leave our prosecutors without the legal tools they need to protect the rule of law,” said Rep. Jackson Lee. “U.S. businesses abroad are regularly targeted by foreign extortionists. Transnational kleptocrats hide under the veneer of officialdom and abuse their power to warp the regulatory environment, attempting to co-opt or eliminate legitimate job-creators and entrepreneurs who follow the rules. The Foreign Extortion Prevention Act would protect U.S. businesses from these individuals by punishing the demand side of bribery. Currently, a business being extorted for a bribe can only say ‘I can’t pay you a bribe because it is illegal and I might get arrested.’ This long-overdue bill would enable them to add, ‘and so will you,’” said Rep. Curtis. “Americans who pay bribes overseas can be prosecuted—with this bill, our prosecutors will be able to go after the foreign officials who demand those bribes. We’re giving the Justice Department a powerful new tool to fight the kleptocracy that impoverishes people and empowers dictators around the world,” said Rep. Malinowski. “Pursuing the extortionists is crucial to ending the entire system of international bribery. Even if a kleptocrat cannot be immediately extradited, a U.S. indictment serves as a play-by-play of the crime committed that can be used to support additional measures—such as sanctions—and can force transnational criminals to think twice before traveling abroad to spend their ill-gotten gains. Moreover, a U.S. indictment can help the forces of the rule of law in other countries to root out corruption by pressuring the domestic government in question to charge the individual,” said Rep. Hudson. The Foreign Extortion Prevention Act will bring U.S. laws in line with international best practices. The Organization for Economic Cooperation and Development (OECD), which maintains the OECD Anti-Bribery Convention—a key international mechanism for fighting foreign bribery—has recognized the importance of criminalizing transnational extortion in a recent report. In addition, countries including the United Kingdom, France, the Netherlands, and Switzerland have already criminalized foreign extortion. The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, endeavors to counter corruption and malign influence in all its forms. Current and former Helsinki Commissioners have sponsored and cosponsored other anti-corruption legislation such as the Countering Russian and Other Overseas Kleptocracy (CROOK) Act (H.R. 3843), the Kleptocrat Exposure Act (H.R. 3441), and the Rodchenkov Anti-Doping Act (H.R. 835/S.259).
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press release
Hastings and Wicker Condemn Police Crackdown on Russian Pro-Democracy Protesters and Opposition Leader Alexei Navalny
Tuesday, July 30, 2019WASHINGTON—Following violent police crackdowns on protesters during a weekend of pro-democratic demonstrations in Moscow, as well as the arrest of Russian opposition leader Alexei Navalny days before the protest and his subsequent hospitalization, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “We condemn the extraordinary use of force by riot police against peaceful protesters in Moscow seeking a free and fair electoral process. Ahead of the upcoming September 8 municipal elections, we hope that the citizens of Russia will be able to exercise their rights to participate freely in the democratic process, including voicing their opinion about the transparency of the system of voting and nomination of candidates. “We also are concerned about the health of opposition leader Alexei Navalny, who was arrested on Wednesday, July 24, and subsequently hospitalized following an unknown ‘allergic reaction.’ We will be monitoring the situation closely.” Last weekend, thousands of Russian people took to the streets of Moscow to protest the exclusion of several opposition candidates from the ballot for upcoming City Duma municipal elections on September 8. On July 24, Russian opposition leader Alexei Navalny was arrested, reportedly for his plans to lead the protests. On Sunday, July 28, Navalny’s spokeswoman Kira Yarmysh announced that Navalny suddenly had been hospitalized while in government custody.
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article
FIRST PERSON: UKRAINIAN PARLIAMENTARY ELECTIONS
Monday, July 29, 2019By Alex Tiersky, Senior Policy Advisor, Global Security and Political-Military Affairs “Why aren’t you doing your job?!” An unexpectedly tense early morning on July 21, 2019—Election Day in Ukraine: the polling station was more than 30 minutes late in opening. The shouted reprimand came from a voter, an older man who was one of several Kyiv residents who had been present and seeking to vote at this school in the center of the Ukrainian capital since well before 8:00 a.m., when the polls for the national parliamentary elections were supposed to open. His indignation was directed at the beleaguered leadership of the local polling station, who struggled to organize their work and follow the extensive procedures required to meet Ukrainian law and international best practices. *** As an official election observer representing the OSCE Parliamentary Assembly, I was at the polling station to observe the extent to which those best practices were followed. With my capable interpreter Natalya beside me, and in partnership with my experienced observation team partner Latvian MP Aleksandrs Kiršteins, I had arrived days earlier on the invitation of the Ukrainian government for a series of preparatory briefings. On Election Day, we would follow a prescribed plan of observation as part of a larger team of more than 800 international observers spread across Ukraine (with the exception of illegally occupied Crimea, and the Donbas region under the occupation of Russian-controlled forces, where holding a free and fair election would be impossible). *** The disorganized polling station was the first stop of the day for our team. While this was my first time serving as an election observer, I didn’t need the extensive and detailed procedural checklist and questionnaire provided by the OSCE to know that something was seriously amiss. My Latvian colleague confirmed, based on his extensive observation experience, that the situation was extremely unusual. The key problem seemed to be that the leadership of the team responsible for proper running of the polling station (the chair and the secretary, among others), recently had been replaced and the newcomers had little experience with their assigned duties. It was clear that they had done precious little preparation to be able to effectively direct the work of their team on Election Day. We had been warned during the extensive pre-election briefings provided by the OSCE that many local election officials across Ukraine had been replaced. The experts were concerned that this loss of institutional memory had the potential to hamper the operations of local electoral bodies—a warning that, in our case, proved prescient. At 8:45 a.m., a full 45 minutes after its scheduled opening time and to the relief of several increasingly agitated voters and local observers, the polling station finally began to process votes. Judging that tensions at the school building had de-escalated and the situation had achieved some normalcy, we dutifully finalized our observation—promptly reporting our findings to the OSCE election experts compiling statistics from other teams deployed across the country—and moved on to observe voting procedures at several other polling stations. Before leaving, given the challenges at the polling station, we resolved to return in the evening to observe closing procedures and the counting of the vote. *** We spent much of the rest of the day visiting several polling stations in the west of Kyiv. Contrary to our first observation, all the other polling stations we visited were extremely well-organized, with experienced and well-functioning teams of officials ensuring an orderly and transparent voting process. The civic pride demonstrated by the election officials and voters in properly exercising their democratic choice was evident in each location we visited. We witnessed voters of all ages casting their ballots in serene conditions, which we learned from other observation teams was largely the norm across Ukraine that day. *** As the afternoon turned to evening, it was time to return to our initial polling station to assess closing procedures and the start of the counting of ballots. With the station closing as planned at 8 p.m. on the dot, we were quietly hopeful that the morning’s problems had been resolved. Our optimism quickly proved misguided. The election officials were even more poorly directed by their leadership than they had been in the early hours of the day. After two hours of inconclusive progress toward beginning a count of actual ballots, the procedures ground to a halt in a cloud of remonstrations among several hard-working poll workers and local observers on one hand, and the polling station’s leadership on the other. In what I understood to be an extremely unusual development, the majority of the poll workers essentially sidelined their grievously underperforming leadership on the spot in order to better organize themselves. At this point, we needed to return to our home base to report on our observation, leaving behind several other international and local observers to witness what surely would be a long and challenging night of tabulation of ballots. *** As we returned to the hotel, I reflected on the day’s remarkable events. It struck me how counterintuitive some might find it that we had been allowed to witness the poor performance by the leadership of this particular polling station. After all, who wants to air their dirty laundry in front of international observers taking careful note of every discrepancy? It was then, for the first time, that I truly understood the key purpose of our election observation mission. OSCE participating States like Ukraine make the choice to invite international observation missions to their elections precisely because only in providing full transparency can a fair judgment on the electoral process be made. In other words, our observation and reporting of the procedural imperfections we witnessed only underlined the relatively excellent performance witnessed by observation teams in the vast majority of other polling stations across Ukraine. Only through the full transparency provided by impartial external observers using a standardized methodology can the people of Ukraine be sure that their electoral process, to the maximum extent possible, allows for the full and fair expression of their democratic choice. I feel honored to have been able to play even a very small part in this extremely consequential democratic process, and to help an OSCE participating State hold itself accountable to its commitment to the rule of law. I am already looking forward to the next opportunity to serve as an election observer.
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press release
Representatives Keating and Fitzpatrick Introduce Countering Russian and Other Overseas Kleptocracy (CROOK) Act
Thursday, July 18, 2019WASHINGTON—Rep. Bill Keating (MA-10) and Helsinki Commissioner Rep. Brian Fitzpatrick (PA-01) today introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act. The CROOK Act will establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries as well as streamline the U.S. Government’s work building the rule of law abroad. “Russia and other authoritarian states have weaponized corruption, and exposing and countering that malign influence needs to be a priority. For too long, Russian President Vladimir Putin and other Russian politicians and oligarchs have acted with impunity, manipulating U.S. and European financial systems to move and disguise their ill-gotten gains. Their illicit funds are being used to control key economic sectors, fund political parties and organizations that advance Russian interests, and manipulate political processes and policies. The CROOK Act will help prevent Russian and other forms of kleptocracy from eroding democracy, security, and rule of law,” said Rep. Keating. “To counter the weaponization of corruption, the United States must double down on its work to promote the rule of law abroad. However, opportunities for the establishment of the rule of law are rare and success requires that the United States act quickly when reformers come to power and seek to root out corruption. The United States also must take a whole-of-government approach to ensuring that resources are being used effectively and that different U.S. Government agencies are not acting at cross-purposes,” said Rep. Fitzpatrick. The anti-corruption action fund established in the legislation will be funded by 5 percent of fines and penalties imposed pursuant to actions brought under the Foreign Corrupt Practices Act (FCPA). This way, a portion of the monies obtained under the enforcement of the FCPA will be recycled back into further international anti-corruption work. The legislation also establishes 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, and a consolidated online platform for easy access to anti-corruption reports and materials. The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, endeavors to counter corruption and malign influence in all its forms. Helsinki Commissioners have sponsored and cosponsored other anti-corruption legislation such as the Kleptocrat Exposure Act (H.R. 3441) and the Rodchenkov Anti-Doping Act (H.R. 835). All House Helsinki Commissioners are original cosponsors of the bill. This includes Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20), Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02), and Helsinki Commissioners Rep. Steve Cohen (TN-09), Rep. Robert Aderholt (AL-04), Rep. Sheila Jackson Lee (TX-18), Rep. Richard Hudson (NC-08), and Rep. Gwen Moore (WI-04). Rep. John Curtis (UT-03), Rep. Tom Suozzi (NY-03), and Rep. Tom Malinowski (NJ-07) are also original cosponsors of the legislation.
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press release
OSCE Representative on Freedom of the Media Harlem Desir to Appear at Helsinki Commission Hearing
Wednesday, July 17, 2019WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: STATE OF MEDIA FREEDOM IN THE OSCE REGION Thursday, July 25, 2019 3:00 p.m. to 5:00 p.m. Capitol Visitor Center Room HVC-210 Live Webcast: www.youtube.com/HelsinkiCommission Journalists working in the 57 participating States of the Organization for Security and Cooperation (OSCE) are facing increased risks to their lives and safety. According to a new report released the Office of the Representative for Freedom of the Media, in the first six months of 2019, two journalists have been killed and an additional 92 attacks and threats—including one bombing, three shootings, and seven arson attacks—have targeted members of the media. In his first appearance before Congress, OSCE Representative for Freedom of the Media Harlem Desir will assess the fragile state of media freedom within the OSCE region. Mr. Desir also will address the number of imprisoned media professionals as well as the violence, threats, and intimidation directed toward female journalists. The hearing will explore the threat posed by disinformation and online content designed to provoke violence and hate. Following the hearing, at 5:00 p.m. in Room HVC-200, the Helsinki Commission will host a viewing of the documentary, “A Dark Place,” which details the online harassment of female journalists working in the OSCE region.
Mr. Speaker, on September 24, the Helsinki Commission held a hearing on democracy, human rights and security in the Republic of Georgia. Despite the progress that country has made in the development of civil society, in the last few years much of the optimism about Georgia's future has dissipated. Last year, a Georgian official devoted a large part of his public address in Washington to refuting the notion--which was being discussed at the time--that Georgia is a "failed state.'' I reject that characterization, but the hearing offered a good opportunity to discuss the serious problems Georgia does face.
Preeminent among them is systemic, rampant corruption, which has impeded economic reforms and sickened the body politic. Despite lectures from the International Monetary Fund, the World Bank and the U.S. Government, the Georgian Government has proved incapable or unwilling to do what is necessary to stamp out this multidimensional problem--even though President Shevardnadze himself has called corruption a threat to Georgia's security.
There are also grounds for concern about democratization. The last few elections have clearly not met OSCE standards, which raises questions about the important parliamentary election scheduled for 2003, and the 2005 presidential election that will usher in the post-Shevardnadze era in Georgia, with all the attendant uncertainties. Meanwhile, the media and NGOs have been under severe pressure. Last fall, a foolish ploy by the Ministry of Internal Affairs to intimidate Rustavi-2 Television backfired, resulting instead in the fall of the government. While society's response was heartening--thousands of people came out into the streets to defend the station--the attempt to silence one of the country's most popular media outlets indicated that some Georgian officials are still mired in Soviet patterns of thinking.
Especially appalling is the ongoing religious violence in Georgia. Since 1999, there has been a campaign of assaults against members of minority faiths, especially Jehovah's Witnesses, which Georgian authorities have tolerated. Occasionally, policemen have even participated in attacks on defenseless men, women and children who have congregated for the purpose of worship. Attempts to bring the perpetrators to justice have foundered, as throngs of fanatics hijack the trial proceedings. If such travesties are allowed to continue, the country's entire judicial system is at risk of falling victim to mob rule.
Though Jehovah's Witnesses have borne the brunt of this savagery, other religious minorities have suffered as well, including Baptists, Pentecostals and Catholics. Earlier this year, for example, a mob invaded a Baptist warehouse, threw the religious literature outside and burned it. How awful to think that events in Georgia today remind us of Germany in the 1930s!
Georgians have a long tradition of religious tolerance, of which they are rightly proud. It is all the more puzzling, therefore, why religiously-based violence has erupted and continued only in Georgia, of all the post-Soviet states. The leadership of the Helsinki Commission and other Members of the House and Senate have been in correspondence with President Shevardnadze about this disturbing trend. He has assured us that the problem will be corrected and the perpetrators arrested.
Georgia's Ambassador, Levan Mikeladze, testified at the September 24 hearing and suggested that Georgia has so little experience with religious persecution that it has been difficult to cope with its sudden emergence. He too offered assurances that Georgia fully recognizes the gravity of the problem and that legal and practical actions are being taken to ensure there will be no more violent attacks.
Alas, extremists in Georgia must not have been listening. Since the September 24 hearing, more assaults have taken place. The next day, some 15 extremists of the ultra-Orthodox "Jvari'' organization in Rustavi forcibly entered a private home where Jehovah's Witnesses and their non Witness guests had gathered for Bible study. Two Witnesses and one non-Witness visitor were physically assaulted. On September 26, in the village of Napareuli, masked men with firearms burst into a private home where meetings were underway, beating those in attendance and ransacking the house. Most striking, eyewitnesses claim the attack was led by the village administrator, Mr. Nodar Paradashvili, who beat one of the victims into unconsciousness. In a third incident, on September 29, a mob gathered outside the residence of a Jehovah's Witnesses in Tbilisi. They refused to let others enter the premises where a meeting was to be held, seized Bibles and literature from the group, verbally abusing those arriving for the meeting and assaulting at least one person. In all three cases, police reportedly refused to intervene after learning that the incidents involved attacks on Jehovah's Witnesses--as has often been the case in Georgia.
Mr. Speaker, there may be many explanations for this peculiar phenomenon but there can be no excuse for state toleration of such barbarity. It must end, and it must end now.
Though such attacks have been one reason for Georgia's prominence in the news lately, more attention has been focused on Moscow's campaign of intimidation against Georgia. Russia has been leaning on pro-Western, strategically-located Georgia for years, but the temperature has in the last few weeks approached the boiling point. President Putin's request for United Nations backing for Russian military action against Georgia was not any less objectionable for having been anticipated.
I have been watching with growing alarm as Russia ratchets up the pressure on its small neighbor. Georgian parliamentarians on September 12 unanimously approved an appeal to the United Nations, the OSCE, the European Union, the Council of Europe, and NATO for protection from anticipated Russian military aggression. Georgian lawmakers should know that their American colleagues have heard their appeal and stand with them. While we are cooperating with Russia in the war against terrorism, we have in no way given Moscow leave to attack Georgia, nor will we do so.
The United States is now more than ever directly engaged in the Caucasus and is stepping up military cooperation with the region's governments, especially Georgia. While we have many issues of concern to raise with Georgia's Government, when it comes to Georgia's sovereignty and territorial integrity, there is no more ardent supporter than the United States. That has been the case for the last ten years, and it will be the case in the future as well.