Senate Floor Statement on Ukraine

Senate Floor Statement on Ukraine

Hon.
Benjamin L. Cardin
United States
Senate
114th Congress
Second Session
Friday, March 07, 2014

Madam President, Russia's invasion of Ukraine is one of the most serious breaches of the OSCE principles since the signing of the 1975 Helsinki Final Act. These principles are at the foundation of the Organization for Security and Cooperation in Europe. Russia, as a participating state, agreed to hold these principles, including territorial integrity of states, inviolability of frontiers, refraining from the threat of use of force, peaceful settlements of disputes, and others.

With this invasion, which is based, as Secretary Kerry has stated, on a completely trumped-up set of pretexts, Russia has shown its utter contempt for these core principles, indeed, for the entire OSCE process--not only the OSCE but the 1994 Budapest Memorandum signed by the United States, the United Kingdom, Russia, and Ukraine that provides security assurances for Ukraine, and the 1997 Ukraine -Russia bilateral treaty, and the U.N. charter, and other international agreements. Russia’s military invasion of Ukraine is also a gross violation of the Vienna Document's confidence and security building mechanisms which govern military relations and arms control.

So let's examine Vladimir Putin's justification for this unprovoked invasion. He claims there is a need to protect Russian interests and the rights of Russian-speaking minorities. They characterize it as a human rights protection mission that it clearly is not. Russian officials fail to show any real evidence that the rights of ethnic Russians in Crimea--where they actually constitute a majority and have the most clout politically--and Ukraine at large have been violated. In fact, there is overwhelming evidence that the protests in some Ukrainian cities are being stoked by the Russians.

Putin and other Russian officials make all sorts of unfounded accusations, including that masked militia are roaming the streets of Kyiv, although the Ukrainian capital and most of Ukraine has been calm for the last few weeks. Mr. Putin claims there is a “rampage of reactionary forces, nationalist and anti-Semitic forces going on in certain parts of Ukraine.'' Yet Kyiv's chief rabbi and a vice president of the World Jewish Congress on Monday accused Russia of staging anti-Semitic provocations in Crimea.

 Mr. Putin accuses Ukraine's new legitimate transition government--not yet 2 weeks old--of threatening ethnic Russians. Yet there is a myriad of credible reports to the contrary. Indeed, although there has been unrest in some cities, there has been no serious movement in the mostly Russian-speaking eastern and southern regions to join with Russia.

The clear majority of Ukrainians wants to see their country remain unified and do not welcome Russian intervention. All Ukrainian religious groups have come out against the Russian intervention and stand in support of Ukraine's territorial integrity and inviolability of its borders, as have minority groups such as the Crimean Tatars and the Roma.

I submit that the real threat posed by the new government is that it wants to assertively move Ukraine in the direction of political and economic reforms and in the direction of democracy, respect for how human rights, the rule of law--away from the unbridled corruption of the previous regime and the kind of autocratic rule found in today's Russia.

As for protecting Russian interests in Crimea, the Russians have not produced one iota of evidence that the Russian Black Sea Fleet, based in the Crimean city of Sevastopol, is under any kind of threat. Indeed, when the Ukrainians reached out to the Russians to try to engage them peacefully, they have been rebuffed.

Russian authorities need to send their troops back to the barracks and instead engage through diplomacy, not the threat or use of force. The Russian actions pose a threat beyond Ukraine and threaten to destabilize neighboring states.

I pointed out at a hearing we had this week in the subcommittee of the Senate Foreign Relations Committee, and in a hearing of the Helsinki Commission, that if Russia can use force to try to change territories, what message does that send to the South China Sea, what message does that send to the Western Balkans?

Just as Poland has already invoked article 4 NATO consultations, the Baltic States and others in the region are wary of Russian goals.

As chairman of the Helsinki Commission and a former vice president of the OSCE Parliamentary Assembly, I am encouraged to see active and wide-ranging engagement of the OSCE to deescalate tensions and to foster peace and security in Ukraine. The OSCE has the tools to address concerns with regard to security on the ground in Crimea, minority rights, and with regard to preparations for this democratic transition to lead to free and fair elections.

In response to a request by the Ukrainian Government, 18 OSCE participating states, including the United States, are sending 35 unarmed military personnel to Ukraine. This is taking place under the Vienna Document, which allows for voluntary hosting of visits to dispel concerns about unusual military activities.

Various OSCE institutions are activating, at the request of the Ukrainian Government, including the OSCE's human rights office, known as the ODIHR, to provide human rights monitoring as well as election observation for the May 25 Presidential elections. The OSCE High Commissioner on National Minorities, Representative on Freedom of the Media, and the head of the Strategic Police Matters Unit, among others, are all in Kyiv this week conducting fact-finding missions. A full-scale, long-term OSCE Monitoring Mission is being proposed, and this mission needs to go forward.

All of these OSCE efforts are aimed at deescalating tensions, fostering peace and stability, ensuring the observance of OSCE principles, including the human dimension, helping Ukraine in its transition, especially in the run-up to the May elections.

These OSCE on-the-ground efforts are being thwarted by the Russian-controlled newly installed Crimean authorities. The OSCE Unusual Military Activities observers have been stopped from entering Crimea by unidentified men in military fatigues.

Also, the OSCE Media Freedom Representative and her staff were temporarily blocked from leaving a hotel in Crimea where she was meeting with journalists and civil society activists. The U.N. special envoy was accosted by unidentified gunmen after visiting a naval headquarters in the Sevastopol.

The blocking of international monitors--who were invited by the Ukrainian Government and who clearly are trying to seek peaceful resolutions to the conflict--is completely unacceptable and we should hold Russia responsible for their safety.

Russia is a member of the OSCE--one of the founding members--and they are openly violating the core principles of the Helsinki Final Act. Russia signed on to the institutions that are available under OSCE for this exact type of circumstance--to give independent observation as to what is happening on the ground. Sending this mission, at the request of the host country, into Crimea is exactly the commitments made to reduce tensions in OSCE states, and Russia is blocking the use of that mechanism.

The United States and the international community are deploying wide-ranging resources to contain and roll back Russia's aggression and to assist Ukraine's transition to a democratic, secure, and prosperous country. Both the Executive and the Congress are working around the clock on this. President Obama has taken concrete action and made concrete recommendations.

 As the author of the Magnitsky Act, I welcome the White House sanctions announced today, including visa restrictions on officials and individuals threatening Ukraine's sovereignty and territorial integrity and financial sanctions against those "responsible for activities undermining democratic processes or institutions in Ukraine .''

It was just a little while ago that we passed the Magnitsky Act. We did that in response to gross human rights violations within Russia against an individual named Sergei Magnitsky. What we did is say that those who were responsible for these gross violations of internationally recognized rules should be held accountable, and if they are not held accountable, the least we can do in the United States is not give them safe haven in our country, not allow the corrupt dollars they have earned to be housed in America--no visas, no use of our banking system. The President is taking a similar action against those responsible for the invasion and military use against international rules in Ukraine.

These steps are in addition to many other actions, including the suspension of bilateral discussions with Russia on trade and investment, stopping United States-Russia military-to-military engagement, and suspending preparations for the June G8 summit in Sochi. Both Chambers are working expeditiously on legislation to help Ukraine in this delicate period of transition. We also need to work expeditiously with our European friends and allies, and I am encouraged by the news that the EU is preparing a $15 billion aid package.

Ukraine has exercised amazing restraint in not escalating the conflict, particularly in Crimea. I applaud their restraint and their action. The people of Ukraine have suffered an incredibly difficult history, and over the last century they have been subjected to two World Wars, 70 years of Soviet domination, including Stalin's genocidal famine. They certainly do not need another senseless war. Nothing justifies Russia's aggression--nothing. Our political and economic assistance at this time would be a testament to those who died at the Maidan just 2 weeks ago and a concrete manifestation that our words mean something and that we do indeed stand by the people of Ukraine as they make their historic choice for freedom, democracy, and a better life.

I yield the floor.

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    WASHINGTON—Rep. Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, and Rep. Jim McGovern (MA-02), today introduced the “Global Magnitsky Human Rights Accountability Act” (H.R. 624). The bill prohibits foreign human rights offenders and corrupt officials operating anywhere in the world from entering into the United States and blocks their U.S. assets. It effectively globalizes and strengthens the “Sergei Magnitsky Rule of Law Accountability Act of 2012,” which was directed at individuals and entities from Russia. “The ‘Global Magnitsky Human Rights Accountability Act’ is a game-changer, and demonstrates America’s commitment to protecting human rights worldwide,” said Chairman Smith. “We are sending a message to the world’s worst human rights violators:  we will shine a spotlight on your crimes. We will deny your visas. We will freeze your assets. No matter who you are or how much money you have, you won’t be enjoying the fruits of your misdeeds by visiting the United States or taking advantage of our financial institutions.” “We have made important progress in the last few years,” Rep. McGovern said.  “But since the introduction of the original Magnitsky Act, human rights defenders and anti-corruption activists worldwide have urged us to pass a law that covers similar violations in countries other than Russia.  Through the Global Magnitsky Act, we can better standardize our approach to human rights violators and provide clear guidance to the executive branch on how we expect these perpetrators to be held accountable.” “Conscripting child soldiers, kidnapping political opponents, and brutalizing people based on their religion are horrifying acts for which people must be held accountable – and this bill will do it,” said Chairman Smith. “The earlier Magnitsky Act enjoyed overwhelmingly bipartisan support in both the House and the Senate. I expect the Global Magnitsky Act to move forward with the same level of commitment in both chambers, and on both sides of the aisle.” Earlier this week, Senators Ben Cardin (MD) and John McCain (AZ) introduced similar legislation in the Senate, which also applies worldwide and employs visa bans and property freezes. Unique aspects of the House bill include the requirement that the President impose sanctions if he or she determines that a foreign person has committed gross human rights offenses. The bill also permits the President to sanction perpetrators regardless of whether the victims were exercising or defending basic human rights; requires that the annual Global Magnitsky List be released each year on Human Rights Day; and directs the Comptroller General to assess and report on implementation. Both the “Global Magnitsky Human Rights Accountability Act” and the earlier “Sergei Magnitsky Rule of Law Accountability Act of 2012” were inspired by Russian lawyer Sergei Magnitsky, who was arrested and imprisoned by the Russian government following his investigation into fraud involving Russian officials. He was beaten to death by prison guards in 2009 after being held in torturous conditions for 11 months without trial. Summary: The “Global Magnitsky Human Rights Accountability Act” This act requires the President to publish and update a list of foreign persons or entities that the President determines are responsible, and who the President has sanctioned, for gross violations of internationally recognized human rights – including extrajudicial killings, torture, enforced disappearances, and prolonged, arbitrary detention – or significant corruption. Known as the Global Magnitsky List, the list will be due annually on December 10 (Human Rights Day). Although the bill directs the President to prioritize cases where the victims were seeking to exercise or defend internationally recognized human and rights and freedoms, like freedom of religious, assembly, and expression, or expose illegal government activity, the President can act regardless of the victim. Sanctions on these individuals and entities will include: Prohibiting or revoking U.S. visas or other entry documentation for foreign individuals. Freezing and prohibiting U.S. property transactions of a foreign individual or entity if such property and property interests are in the United States; come within the United States; or are in, or come within, the control of a U.S. person or entity. This act also requires the Comptroller General of the United States to assess the implementation of the law and report to Congress, so that Congress can ensure it is being executed fully.

  • U.S. Helsinki Commission Chair Slams Verdicts in Navalny Trial

    WASHINGTON—Following Tuesday’s guilty verdicts and subsequent sentencing of Alexei and Oleg Navalny in Moscow, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: “I am deeply troubled by the guilty verdicts handed down in the latest manipulation of Russia’s so-called justice system against brothers Alexei and Oleg Navalny. The decision further demonstrates how the Russian government has warped what should be an independent voice and check on executive power into a tool to retaliate against its political opponents, continuing its ongoing crackdown on civil society in general.   “By punishing those who dare to voice their dissent, the Russian government undermines only itself. The Russian people deserve better than leaders who attempt to strangle their freedoms under the guise of deterring criminal activity.  As I noted in my statement Tuesday regarding the addition of names to the U.S. government’s visa ban and asset freeze lists, accountability and transparency are sadly lacking in President Putin’s Russia. “I remind Russia, as an OSCE participating State, that the Helsinki Final Act establishes principles and commitments including respect for human rights and fundamental freedoms within states which it has pledged to uphold. I urge the government of Russia to uphold its obligations and commitments to respect the freedoms of expression, assembly and of the media.  The Russian people must be allowed the right to voice their opinions openly, without fear of retaliation by their own government.” Alexei and Oleg Navalny were accused by the Russian authorities of fraud, charges which are viewed as politically motivated; Alexei Navalny is Russia’s leading anti-corruption crusader and a key member of the political opposition. In 2010, Alexei Navalny appeared at a Helsinki Commission briefing on fraud schemes in the Russian market.

  • U.S. Helsinki Commission Chair Welcomes Additions to Magnitsky List

    WASHINGTON—Following Monday’s addition of four Russian individuals to the Magnitsky List by the Obama Administration, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: “I welcome the announcement made by the Obama Administration that it has added four additional individuals to the visa ban and asset freeze lists mandated under the Sergei Magnitsky Rule of Law Accountability Act.  I applaud the work of the U.S. Departments of State and Treasury to continue to focus attention on Russian government officials implicated in the death of Sergei Magnitsky and to demonstrate America's willingness to penalize human right violators when their own country refuses to act. "These sanctions are not sanctions against Russia, but against individuals who have committed serious human rights violations against Russians. The American people will continue to support Russians like Sergei Magnitsky who speak out about injustice and seek redress. “While I am pleased that additional names have been added to the Magnitsky List, there remain a significant number of Russians – both government officials and private individuals – against whom evidence exists of their involvement in the conspiracy and cover-up of Magnitsky’s death in 2009, but who have yet to be added to the visa ban and asset freeze lists.  I strongly encourage the Administration to continue its examination of the information available with regard to these individuals and add them to the List. The Sergei Magnitsky Rule of Law Accountability Act must continue to be used to demonstrate to the world that the voices of those who seek justice and who speak out about human rights violations are heard and valued by the United States of America.”

  • U.S. Helsinki Commission Chair Notes Challenges, Need for Action on International Human Rights Day

    WASHINGTON—To mark International Human Rights Day, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: "It has been a difficult year for those of us who are active in human rights in the OSCE region. Russia’s invasion of Ukraine has flagrantly violated the principles enshrined in the Helsinki Final Act, exacerbated regional security, and further revealed the weaknesses of Russia’s own democracy .  The space for civil society – the guardians of the rule of law and fundamental freedoms – is shrinking in more than a few of our participating States, including Russia, Azerbaijan, and Hungary, breeding abuse of power and corruption. We have been appalled by violent anti-Semitic attacks and a rising tide of intolerance across the OSCE region against minorities and other vulnerable populations.  Uzbekistan holds the world’s longest-imprisoned journalist, who languishes alongside of thousands of political prisoners. "Clearly, the challenges for the countries of the OSCE are as great as ever.  We look forward to supporting Serbia’s 2015 chairmanship of the OSCE, which offers an opportunity both for the country and for the organization. As the effective successor to the only country to be suspended from the Helsinki process, Serbia is a concrete example of how a country can turn things around and how the OSCE can contribute. "In particular, we urge Serbia to build on decisions adopted at last week's Basel Ministerial Council on combating anti-Semitism and corruption.  These are challenges faced by virtually every OSCE participating State. We hope that Serbia will move forward with conviction to support these initiatives and to defend and advocate for the Helsinki principles throughout the region." December 10, International Human Rights Day, celebrates the adoption of the Universal Declaration on Human Rights by the UN General Assembly on December 10, 1948.

  • Cardin Statement on the Senate Intelligence Committee Report on Torture

    WASHINGTON – U.S. Senator Ben Cardin (D-Md.), a senior member of the Senate Foreign Relations Committee and chairman of the U.S. Helsinki Commission, released the following statement in response to the Senate Intelligence Committee’s review of the CIA’s detention and interrogation program: “The United States has a solemn obligation to protect human rights both abroad and at home, as we honor our Constitution and international commitments.  Shortly after taking office, President Obama thankfully ended the CIA’s detention and interrogation programs.  The exhaustive report from the Senate Intelligence Committee documents that the CIA’s enhanced interrogation techniques were not effective and violated international commitments and the core principles of the United States. It also resulted in fabricated information and did not lead to the collection of imminent threat intelligence. Years may have passed by since these egregious activities occurred, but the United States must confront the mistakes that were made as we responded to the devastating 9/11 attacks.  We must put in place mechanisms to ensure that these types of abuses never happen again.  America’s reputation and moral leadership in the world are at stake.  We can and must strive to prevent and disrupt future terrorist attacks while continuing to safeguard the core values and human rights we as a Nation hold dear.”

  • Helsinki Commission Chairman Urges Russia to Cease Blatant Violations of OSCE Principles

    WASHINGTON—On the conclusion of the December 4-5 OSCE Ministerial Council in Basel, Switzerland, U.S. Helsinki Commission Chairman Senator Ben Cardin (MD) issued the following statement: “The OSCE Ministerial this year has been exceptional. I welcome the fact that an overwhelming majority of OSCE countries condemned the unlawful occupation of Crimea, defended the sovereignty and territorial integrity of Ukraine, and called for Russia to end its support for violence in eastern Ukraine. Russia’s illegal activities in Ukraine have violated the most fundamental principles of the Helsinki Final Act, on which the OSCE is based. “Moving forward, the OSCE must focus on the implementation of its core commitments. The OSCE PA has spoken to this issue by passing a resolution I introduced in July, calling on Russia to cease its clear, gross, and uncorrected violations of Helsinki principles, not only in Ukraine but regarding other neighbors and at home as well. “Other serious human rights concerns in the OSCE region were spotlighted by the absence of some leading figures from this year’s Ministerial meeting. “While Turkmenistan’s current ambassador to the OSCE addressed his counterparts in Basel, the fate of his predecessor, Batyr Berdiev – as well as some 100 other prisoners – remains unknown. I welcome the Swiss Chairmanship’s efforts to address the issues of torture and enforced disappearances during their chairmanship and call on Turkmenistan to tell the families of Ambassador Berdiev and the other disappeared persons what has happened to their loved ones. “In addition, Rasul Jafarov was prevented from leading a civil society discussion on freedom of expression in Basel. Jafarov remains imprisoned in Azerbaijan in retaliation for his activism. Eldeniz Hajiyev, another human rights activist, was unable to travel to Basel because she is under house arrest in Baku. I commend the 43 OSCE countries which worked to advance an OSCE decision on freedom of expression and urge Azerbaijan to cease its flagrant persecution of independent civil society activists.”

  • Bipartisan U.S. Delegation Defends Ukraine, Raises Concerns about Russia at OSCE Parliamentary Session

    From June 27 to July 3, 2014, a bicameral, bipartisan delegation of eight Members of Congress represented the United States at the annual session of the OSCE’s 57-nation Parliamentary Assembly in Baku, Azerbaijan. The delegation, which was organized by the U.S. Helsinki Commission, also made side visits to Georgia and Moldova. The congressional delegation was led by the Commission Chairman, Senator Ben Cardin (MD), while the Co-Chairman, Representative Chris Smith (NJ-04) was head of delegation at the Assembly session. The Commission’s Ranking Senator, Roger Wicker (MS) and House Commissioners Robert Aderholt (AL-04) and Phil Gingrey (GA-11) also participated, along with Senator Tom Harkin (IA) and Representatives David Schweikert (AZ-06) and Adam Schiff (CA-28). A central concern at the Assembly meeting, as well as during bilateral interaction with the authorities and people of Azerbaijan, Georgia, and Moldova, was Russian Federation’s annexation of Crimea and its incursions into eastern Ukraine. The congressional delegation was highly critical of Moscow’s attempt to reassert its domination over the affairs of its neighbors more than two decades after the Soviet Union’s collapse, and it reassured friends and allies of the deep and continuing commitment of the United States to security and cooperation in Europe and throughout the OSCE region.

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