Introduction of S. Res. 205 on Parliamentary Elections in Ukraine

Introduction of S. Res. 205 on Parliamentary Elections in Ukraine

Hon.
Ben N. Campbell
United States
Senate
107th Congress Congress
Second Session Session
Thursday, February 07, 2002

Mr. President, as Chairman of the Commission on Security and Cooperation in Europe, I today am introducing a resolution urging the Government of Ukraine to ensure a democratic, transparent, and fair election process leading up to the March 31, 2002 parliamentary elections. I am pleased to be joined by fellow Commissioners Dodd and Brownback. Several of our colleagues from the House have introduced a companion resolution. Ukraine's success as an independent, democratic state is vital to the stability and security in Europe, and that country has, over the last decade, enjoyed a strong relationship with the United States. The Helsinki Commission has monitored closely the situation in Ukraine and has a long record of support for the aspirations of the Ukrainian people for human rights and democratic freedoms. Ukraine enjoys goodwill in the Congress and remains one of our largest recipients of assistance in the world. Clearly, there is a genuine desire that Ukraine succeed as an independent, democratic, stable and economically successful state.

 

It is against this backdrop that I introduce this resolution, as a manifestation of our concern about Ukraine's direction at this critical juncture. These parliamentary elections will be an important indication of whether Ukraine moves forward rather than backslides on the path to democratic development. Indeed, there has been growing cause for concern about Ukraine's direction over the last few years. Last May, I chaired a Helsinki Commission hearing: “Ukraine at the Crossroads: Ten Years After Independence.'' Witnesses at that hearing testified about problems confronting Ukraine's democratic development, including high-level corruption, the controversial conduct of authorities in the investigation of murdered investigative journalist Heorhiy Gongadze and other human rights problems. I had an opportunity to meet Mrs. Gongadze and her daughters who attended that hearing. While there has been progress over the last few months with respect to legislation designed to strengthen the rule of law, it is too early to assert that Ukraine is once again moving in a positive direction. With respect to the upcoming elections, on the positive side we have seen the passage of a new elections law which, while not perfect, has made definite improvements in providing safeguards to meet Ukraine's international commitments. However, there are already concerns about the elections, with increasing reports of violations of political rights and freedoms during the pre-campaign period, many of them documented in reports recently released by the non-partisan, non-government Committee on Voters of Ukraine, CVU.

 

It is important for Ukraine that there not be a repeat of the 1999 presidential elections which the Organization for Security and Cooperation in Europe, OSCE, stated were marred by violations of the Ukrainian election law and failed to meet a significant number of commitments on the conduct of elections set out in the 1990 OSCE Copenhagen Document. Therefore, this resolution urges the Ukrainian Government to enforce impartially the new election law and to meet its OSCE commitments on democratic elections and to address issues identified by the OSCE report on the 1999 presidential election such as state interference in the campaign and pressure on the media. The upcoming parliamentary elections clearly present Ukraine with an opportunity to demonstrate its commitment to OSCE principles. The resolution we introduce today is an expression of the importance of these parliamentary elections, which could serve as an important stepping-stone in Ukraine's efforts to become a fully integrated member of the Europe-Atlantic community of nations.

 

SENATE RESOLUTION 205--URGING THE GOVERNMENT OF UKRAINE TO ENSURE A DEMOCRATIC, TRANSPARENT, AND FAIR ELECTION PROCESS LEADING UP TO THE MARCH 31, 2002, PARLIAMENTARY ELECTIONS

 

Mr. Campbell (for himself, Mr. Dodd, and Mr. Brownback) submitted the following resolution; which was referred to the Committee on Foreign Relations: S. Res. 205 Whereas Ukraine stands at a critical point in its development to a fully democratic society, and the parliamentary elections on March 31, 2002, its third parliamentary elections since becoming independent more than 10 years ago, will play a significant role in demonstrating whether Ukraine continues to proceed on the path to democracy or experiences further setbacks in its democratic development;

 

Whereas the Government of Ukraine can demonstrate its commitment to democracy by conducting a genuinely free and fair parliamentary election process, in which all candidates have access to news outlets in the print, radio, television, and Internet media, and nationally televised debates are held, thus enabling the various political parties and election blocs to compete on a level playing field and the voters to acquire objective information about the candidates;

 

Whereas a flawed election process, which contravenes commitments of the Organization for Security and Cooperation in Europe (OSCE) on democracy and the conduct of elections, could potentially slow Ukraine's efforts to integrate into western institutions;

 

Whereas in recent years, government corruption and harassment of the media have raised concerns about the commitment of the Government of Ukraine to democracy, human rights, and the rule of law, while calling into question the ability of that government to conduct free and fair elections;

Whereas Ukraine, since its independence in 1991, has been one of the largest recipients of United States foreign assistance;

 

Whereas $154,000,000 in technical assistance to Ukraine was provided under Public Law 107-115 (the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 2002), a $16,000,000 reduction in funding from the previous fiscal year due to concerns about continuing setbacks to needed reform and the unresolved deaths of prominent dissidents and journalists;

 

Whereas Public Law 107-115 requires a report by the Department of State on the progress by the Government of Ukraine in investigating and bringing to justice individuals responsible for the murders of Ukrainian journalists;

 

Whereas the disappearance and murder of journalist Heorhiy Gongadze on September 16, 2000, remains unresolved;

 

Whereas the presidential election of 1999, according to the final report of the Office of Democratic Institutions and Human Rights (ODIHR) of OSCE on that election, was marred by violations of Ukrainian election law and failed to meet a significant number of commitments on democracy and the conduct of elections included in the OSCE 1990 Copenhagen Document;

 

Whereas during the 1999 presidential election campaign, a heavy pro-incumbent bias was prevalent among the state-owned media outlets, members of the media viewed as not in support of the president were subject to harassment by government authorities, and pro-incumbent campaigning by state administration and public officials was widespread and systematic;

 

Whereas the Law on Elections of People's Deputies of Ukraine, signed by President Leonid Kuchma on October 30, 2001, was cited in a report of the ODIHR dated November 26, 2001, as making improvements in Ukraine's electoral code and providing safeguards to meet Ukraine's commitments on democratic elections, although the Law on Elections remains flawed in a number of important respects, notably by not including a role for domestic nongovernmental organizations to monitor elections;

Whereas according to international media experts, the Law on Elections defines the conduct of an election campaign in an ambiguous manner and could lead to arbitrary sanctions against media operating in Ukraine;

 

Whereas the Ukrainian Parliament (Verkhovna Rada) on December 13, 2001, rejected a draft Law on Political Advertising and Agitation, which would have limited free speech in the campaign period by giving too many discretionary powers to government bodies, and posed a serious threat to the independent media;

 

Whereas the Department of State has dedicated $4,700,000 in support of monitoring and assistance programs for the 2002 parliamentary elections;

 

Whereas the process for the 2002 parliamentary elections has reportedly been affected by apparent violations during the period prior to the official start of the election campaign on January 1, 2002; and

 

Whereas monthly reports for November and December of 2001 released by the Committee on Voters of Ukraine (CVU), an indigenous, nonpartisan, nongovernment organization that was established in 1994 to monitor the conduct of national election campaigns and balloting in Ukraine , cited five major types of violations of political rights and freedoms during the pre-campaign phase of the parliamentary elections, including--

(1) use of government position to support particular political groups;

(2) government pressure on the opposition and on the independent media;

(3) free goods and services given in order to sway voters;

(4) coercion to join political parties and pressure to contribute to election campaigns; and

(5) distribution of anonymous and compromising information about political opponents:

 

Now, therefore, be it Resolved, That the Senate—

(1) acknowledges the strong relationship between the United States and Ukraine since Ukraine's independence more than 10 years ago, while understanding that Ukraine can only become a full partner in western institutions when it fully embraces democratic principles;

(2) expresses its support for the efforts of the Ukrainian people to promote democracy, the rule of law, and respect for human rights in Ukraine;

(3) urges the Government of Ukraine to enforce impartially the new election law, including provisions calling for—

(A) the transparency of election procedures;

(B) access for international election observers;

(C) multiparty representation on election commissions;

(D) equal access to the media for all election participants;

(E) an appeals process for electoral commissions and within the court system; and

(F) administrative penalties for election violations;

(4) urges the Government of Ukraine to meet its commitments on democratic elections, as delineated in the 1990 Copenhagen Document of the Organization for Security and Cooperation in Europe (OSCE), with respect to the campaign period and election day, and to address issues identified by the Office of Democratic Institutions and Human Rights (ODIHR) of OSCE in its final report on the 1999 presidential election, such as state interference in the campaign and pressure on the media; and

(5) calls upon the Government of Ukraine to allow election monitors from the ODIHR, other participating states of OSCE, and private institutions and organizations, both foreign and domestic, full access to all aspects of the parliamentary election process, including—

(A) access to political events attended by the public during the campaign period;

(B) access to voting and counting procedures at polling stations and electoral commission meetings on election day, including procedures to release election results on a precinct by precinct basis as they become available; and

(C) access to postelection tabulation of results and processing of election challenges and complaints

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Rather than inspiring further discussion about the real dangers faced by environmental defenders, however, the statement was met only with vague comments from a handful of participating States on the importance of funding environmental protection. Good “Green” Governance The Maastricht Strategy (2003) defines good governance as a contribution to prosperity, stability, and security at all levels. Within the environmental dimension, the OSCE promotes commitments to both good governance and environmental sustainability. Most, if not all, participants shared their 2030 plans to “green” their economies, which included measures like limiting industrial risk, aligning national and international economic agreements, and modernizing technological innovation for greater efficiency. Instead of sharing the obstacles they face in reaching the 2030 sustainable development goals or the funding and support they need to realistically meet their needs (for example, the OSCE offers its support of cross-border cooperation in the form of agreements like those between Albania and North Macedonia like the Ohrid Lake Joint Commission which establishes a framework for integrated border management to stabilize relations over Ohrid Lake), most nations focused solely on national policy strategies and improved legislative frameworks. Womenomics and Water Management Women are disproportionately burdened when water resources are mismanaged or scarce. “Women are much more active than men in activities related to water,” says Matluba Rajabalieva, Chairperson of the Garm Development Centre, a Tajikistan-based NGO working to promote women and girls’ empowerment in communities. Womenomics, the idea that women’s economic advancement improves the whole economy, has been well-documented in water management and has fueled several OSCE initiatives. The OSCE and its participating States have developed programming and initiatives that address water diplomacy with women-centric solutions. Through workshops, initiatives, and activities, the OSCE Gender Section and the Office of the Coordinator of OSCE Economic and Environmental Activities (OSCEEA) connects water users and decision makers and ensures gender parity between the two groups. At the EEDIM, the Permanent Delegation of Finland to the OSCE hosted an official side event titled “Water Diplomacy, Proactive Peace Mediation,” which focused on the OSCEEA’s extra-budgetary project, “Women, Water Management and Conflict Prevention.” The project aims to enhance the participation of women in conflict resolution and water management at all levels in Central Asia and Afghanistan. The Kazakh-German University also recently launched a water resource management program which focuses on women participation.

  • Helsinki Commission Hearing to Review Human Rights Developments in Turkey

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: AT WHAT COST? The Human Toll of Turkey’s Policy at Home and Abroad Thursday, October 31, 2019 10:00 a.m. – 12:00 p.m. Rayburn House Office Building Room 2200 Live Webcast: www.youtube.com/HelsinkiCommission Sparked by the recent Turkish military offensive in northeastern Syria, increased tensions between the United States and Turkey have reignited the debate about the future of U.S.-Turkish bilateral relations. At the hearing, expert witnesses will discuss how the United States should respond to the Turkish Government’s continuing abuse of human rights and fundamental freedoms. Participants will review prominent cases of politically-motivated prosecution, failures of due process, and prospects for judicial reform as they relate to Turkey’s commitments as a member of both the OSCE and NATO. The panel also will evaluate President Erdogan’s plan to return millions of Syrian refugees to their war-torn country or push them to Europe, and the human consequences of his military incursion into Syria. The following witnesses are scheduled to participate: Henri Barkey, Bernard L. and Bertha F. Cohen Professor, Lehigh University Talip Kucukcan, Professor of Sociology, Marmara University Eric Schwartz, President, Refugees International Merve Tahiroglu, Turkey Program Coordinator, Project on Middle East Democracy (POMED) Gonul Tol, Director, Center for Turkish Studies, Middle East Institute (MEI) Additional witnesses may be added.

  • HELSINKI COMMISSION TO REVIEW NEW WAYS TO FIGHT FOREIGN BRIBERY

    THIS 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.

  • Chairman Hastings Leads Bipartisan Delegation to Tunisia, Israel, and Morocco

    WASHINGTON—From September 28 to October 6, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) led a bipartisan, bicameral U.S. delegation to Tunisia, Israel, and Morocco to assess the state of security, human rights, and democracy in the Middle East and North Africa. The delegation concluded with the OSCE Parliamentary Assembly (PA) Autumn Meeting in Marrakech, Morocco, where the strong U.S. presence demonstrated the consistent and bipartisan commitment of the United States to security and cooperation in the OSCE and neighboring Mediterranean regions. “As a Member of Congress, I spent decades traveling to the Middle East and North Africa,” said Chairman Hastings, who formerly served President of the OSCE PA as well as the OSCE PA Special Representative to the Mediterranean Partners for Cooperation. “This trip was an occasion to revisit long-standing relationships and discuss some of the most consequential dynamics impacting the Mediterranean region today.” Chairman Hastings was joined on the delegation by Helsinki Commission Co-Chairman Sen. Roger Wicker (MS); Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02), Helsinki Commissioner Rep. Emanuel Cleaver, II (MO-05), and Rep. Andy Harris (MD-01). In Tunisia, the delegation met with Interim President Mohamed Ennaceur, who noted that that the gravest threat facing his nation is the economic and social despair afflicting many young people. Members also held roundtable discussions with civil society groups and local and international election observers, who provided an assessment of the September 15 presidential election and prospects for country’s upcoming legislative election and presidential run-off. In Israel, the delegation met with both Israeli Prime Minister Benjamin Netanyahu and Palestinian Authority Prime Minister Mohamed Shtayyeh. Members also met with civil society to assess possible threats to the rule of law impacting both Israelis and Palestinians, and with Christian leaders to explore interreligious relations and the mediating role Christian churches play in the Holy Land. During the OSCE PA Autumn Meeting, Chairman Hastings and other members of the delegation discussed ways to maximize cooperation with OSCE Mediterranean Partners in areas ranging from migration and human trafficking, to tolerance and non-discrimination, to energy and water, all in the context of good governance and democratic institutions. “In the coming days, I urge you, my distinguished colleagues, to continue exploring ways to integrate civil society in our work and to deepen engagement with the OSCE Mediterranean Partners, particularly through support for, and observation of their electoral processes,” said Chairman Hastings during the meeting. Co-Chairman Wicker, who serves as a vice-president of the OSCE PA and as the 2019 Head of the U.S. Delegation to the OSCE PA, chaired a session focusing on regional and national perspectives of cooperation across North Africa and the African continent. In Morocco, members also met with the Algerian, Moroccan, and Ukrainian delegations to the OSCE PA; OSCE PA President George Tsereteli; and OSCE PA Secretary General Roberto Montella.

  • Remarks to the Mediterranean Forum

    Autumn Meeting of the OSCE PA *NOTE: As prepared for delivery* Before arriving in Morocco, I led a bicameral and bipartisan Congressional delegation to Tunisia and Israel. While in these countries, my colleagues and I held high-level exchanges with national leadership, civil society, religious leaders, and others to assess the current state of regional security, human rights and democracy. As a Member of Congress, I spent decades traveling to the Middle East and North Africa.  I was never more proud of that engagement, than when I served as President of the Parliamentary Assembly and its  Special Representative to the Mediterranean Partners for Cooperation. This trip was an occasion to revisit longstanding relationships and discuss some of the most consequential dynamics impacting the Mediterranean region today. Our delegation arrived in Tunisia and Israel at sensitive political moments. Tunisia held its second democratic presidential election ever on September 15 and will follow in the coming weeks with its third-ever free legislative election and a presidential run-off. In Israel, the country’s second national election this year on September 17 once again delivered an ambiguous result, touching off a flurry of government formation negotiations with no end in sight. In Tunis, my colleagues and I met with Interim President Mohamed Ennaceur. I commended him for leading his country through a historic peaceful transition of power following the death of President Beji Caid Essebsi earlier this year. When I asked about the most serious existential threat facing Tunisia, he had a bracing assessment: that the gravest threat is the economic and social despair afflicting so many youth. We should heed President Ennaceur’s words and commit ourselves during this meeting of the Parliamentary Assembly to discussing ways to restore hope and opportunity for the youth in our societies. Early next year, I intend to do my part to respond to the call of President Ennaceur and others by hosting young parliamentarians from throughout the OSCE region and the Partners for Cooperation in Washington for a seminar that empowers our future leaders. I look forward to sharing details with your delegations in the near term. While in Tunisia, our delegation also held roundtables with civil society groups and local and international election observers. I was encouraged by the bold commitment of these groups to preserving and advancing the gains Tunisia has made since 2011 in respect for the rule of law, democracy, and fundamental freedoms. I remain concerned, however, that the ongoing imprisonment of one of the leading presidential candidates could undermine confidence in the democratic process. In Israel, our delegation met both with Israeli Prime Minister Benjamin Netanyahu and Palestinian Authority Prime Minister Mohamed Shtayyeh. Both leaders were candid in their assessments of the impasse in the peace process. While no clear opportunities emerged, I was affirmed in my belief that parliamentary diplomacy bridges divides. Prime Minister Netanyahu shared his sobering assessment of the global threat posed by Iran and the existential danger it poses to the people of Israel. I hope we will discuss ways of addressing this matter during our debates in the coming days. During a roundtable with Israel-based civil society, we heard warnings about possible threats to the rule of law impacting both Israeli citizens and Palestinians. In a separate meeting with the leaders of major Christian denominations, including Greek Orthodox Patriarch of Jerusalem Theophilos III, we explored interreligious relations and the mediating role Christian churches play in the Holy Land. In Luxembourg this summer, this assembly passed a resolution I authored on the importance of integrating and protecting civil society engagement in the work of the OSCE and this Assembly. Our meetings with such groups in Tunis and Jerusalem confirms the value of consulting local activists in our work as parliamentarians at home and abroad. In the coming days, I urge you, my distinguished colleagues, to continue exploring ways to integrate civil society in our work and to deepen engagement with the Mediterranean Partners, particularly through support for- and observation of their electoral processes.

  • Safe and Dignified Return

    In July, nearly 300 parliamentarians from the 57 OSCE participating States met for the OSCE Parliamentary Assembly (PA) 2019 annual session in Luxembourg, where they addressed in a final declaration the wide range of issues of current concern to the organization. Of these issues, none received more attention than those relating to human rights and humanitarian questions; the relevant section of the declaration contained more than 180 paragraphs. Leading subjects of concern included the treatment of investigative journalists, manifestations of discrimination and intolerance in society, gender inequality, and efforts to stifle dissent. The text also focused heavily on migration, including the rights of refugees. During the consideration of a final text for adoption, Rep. Sheila Jackson Lee (TX-18), who has been active in representing the United States at OSCE PA meetings in recent years and serves on the OSCE PA’s Ad Hoc Committee on Migration, proposed an amendment underlining the importance of the right of safe return of refugees. Her amendment, co-sponsored by other members of Congress and by parliamentarians from Cyprus, Georgia, Ireland, Italy, and North Macedonia, made clear that returns should not only be safe, but also voluntary and dignified. The adopted text, included in the Luxembourg Declaration, reads as follows: “The OSCE Parliamentary Assembly underlines that the right of voluntary, safe and dignified return for refugees and internally displaced persons to their homes and properties must be guaranteed;” The concept of voluntary return is at the heart of binding international law on refugees. The 1951 Convention Relating to the Status of Refugees states, “No Contracting State shall expel or return (‘refouler’) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.” The convention originally was restricted to people who became refugees because of “events occurring in Europe before 1 January 1951.” The 1967 Protocol Relating to the Status of Refugees, which removed the convention’s time and geographic restrictions, maintains the binding “non-refoulement” obligation. There are only a few exceptions on “grounds of national security or public order” and only after “due process of law.” According to the Guiding Principles on Internal Displacement, presented in 1998 by the United Nations Secretary General’s Representative on Internally Displaced Persons, “Competent authorities have the primary duty and responsibility to establish conditions, as well as provide the means, which allow internally displaced persons to return voluntarily, in safety and with dignity, to their homes or places of habitual residence, or to resettle voluntarily in another part of the country.” The principles are not legally binding on governments, but they are the point of reference for how a government should respond to internally displaced persons.

  • INTRODUCTION OF THE TRANSNATIONAL REPRESSION ACCOUNTABILITY AND PREVENTION ACT OF 2019 (TRAP ACT)

    Mr. 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. 

  • INTRODUCTION OF THE TRANSNATIONAL REPRESSION ACCOUNTABILITY AND PREVENTION ACT OF 2019 (TRAP ACT)

    Mr. 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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