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.

Relevant countries: 
Leadership: 
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    WASHINGTON—Following the sudden and debilitating illness of Russian political activist Vladimir Kara-Murza, Helsinki Commission Chairman Chris Smith (NJ-04) issued the following statement:   “I am deeply concerned about the mysterious illness of Vladimir Kara-Murza, especially given the recent murder of Boris Nemtsov and the number of Putin’s opponents who have been poisoned. I strongly urge the Russian government to guarantee Mr. Kara-Murza’s safety and facilitate his transfer to a hospital outside of the Russian Federation for further evaluation and care.” In 2011, Mr. Kara-Murza spoke at a Helsinki Commission briefing, “Russia’s Upcoming Elections and the Struggle for Public and Competitive Politics.”

  • Ukraine Elections—Legitimate and Heroic

    Mr. Speaker, in a little more than two weeks, Ukraine will be holding presidential elections while Russia continues its campaign of aggression and destabilization. The evidence overwhelmingly indicates that the pro-Russian separatist militants that have been operating in parts of eastern Ukraine act at the behest and direction of the Russian government. President Putin has already said that the Ukrainian elections are illegitimate.  Yesterday Putin softened his tone with respect to the May 25 elections. Yet at this point words mean little unless they are matched by deeds. Putin has also claimed that the tens of thousands of troops deployed on Ukraine’s border are being pulled back, yet so far there is no evidence that this is happening.  The upcoming elections are legitimate—and more than legitimate. They are heroic—many people will be taking real risks of future reprisals in voting. Yet according to a recent IRI poll, an overwhelming 84 percent of Ukrainian citizens said they will definitely or are likely to vote in the elections, including a substantial majority in the two regions in which the militants are active. The vast majority of Ukrainians do not support the separatist movement, and wish to remain in a united Ukraine. It is up to the Ukrainian people—and only the Ukrainian people—to decide their own future through democratic means. It is not up to Russia— whose President famously said that the collapse of the Soviet Union was a ‘‘major geopolitical disaster . . . a genuine tragedy’’. These are views shared by few of the people living in Ukraine, whether they consider themselves Ukrainian or Russian, and few of the people living in the other non-Russian former Soviet republics.  The real tragedy here is the suffering of so many innocent people at the hands of militants, extremists, and hooligans—including the OSCE military monitors who were held hostage by the pro-Russian militants for more than a week. The militants have murdered a number of pro-Ukrainian activists and have kidnapped, threatened and intimidated others, including journalists who simply favor democracy and free speech. Some 40 people are in captivity in the separatist hotbed of Sloviansk alone. Minorities also have reason to be concerned— militants have attacked the Roma community and among Russian special forces in Ukraine are members of neo-Nazi and anti-Semitic groups. And over the weekend, we saw the terrible clashes in Odessa that resulted in the deaths of more than 40 people.  We must not forget Crimea, where the Russians are consolidating power and taking measures against Crimean Tatars and ethnic Ukrainians The revered long-time Crimean Tatar leader and former Soviet political prisoner, Mustafa Dzhemilev, has been banned from returning to his homeland. Other activists have been attacked and threatened. An overwhelming majority of Ukrainian citizens, even in the two regions where the pro- Russian separatists are most active and where most of the violence is taking place, don’t wish to join Russia, and certainly don’t want war.  I welcome U.S. and international assistance to Ukraine’s democratic and economic development, including for the upcoming elections. Especially important is helping Ukraine strengthen the rule of law and overcome the devastating legacy of corruption left in the wake of the ruinous Yanukovych regime. The U.S. and international community should redouble efforts to counter Russian aggression and to support the Ukrainian people’s overwhelming aspirations for peace, freedom, democracy and economic well-being. We must stand shoulder-to-shoulder with those who want dignity, peace and freedom, in solidarity against those seeking to impose foreign autocracy and imperial rule.

  • Chairman Smith Rebukes U.S. Administration: "Delay Is Denial" Regarding Military Aid to Ukraine

    WASHINGTON—At today’s House Foreign Affairs Committee hearing, “Ukraine Under Siege,” Helsinki Commission Chair Rep. Chris Smith (NJ-04) took the U.S. Administration to task for its delay in providing defensive military assistance to Ukraine. “We have a de facto defensive weapons arms embargo on Ukraine … Delay is denial. People are dying,” Chairman Smith said. “Over 6,000 are dead. Many of these are children and women.” He continued, “[The Ukrainians] need us …they told me off-the-record how profoundly disappointed they are in President Obama, especially in light of people around him saying, ‘Please, Mr. President, this is a time for American leadership.’ When will the decision [to provide defensive military assistance] be made?” “They need defensive weapons and they need them now,” he concluded. During his remarks, Chairman Smith compared the current situation in Ukraine to the conflict in the Balkans in the 1990s, when the U.S. failed to provide military assistance that would have allowed Bosnians and Croatians to defend themselves against the aggression of Slobodan Milošević. He also expressed concern about the plight of detained Ukrainian pilot Nadiya Savchenko, who is currently on the 82nd day of a hunger strike in Moscow.

  • Chairman Smith Condemns Brutal Murder of Former Russian Deputy Prime Minister Boris Nemtsov

    WASHINGTON—Following tonight’s reports of the shooting death of peaceful opposition leader and former Russian Deputy Prime Minister Boris Nemtsov in Moscow, Helsinki Commission Chairman Chris Smith (NJ-04) issued the following statement:   “I condemn the brutal slaying of Boris Nemtsov in the strongest terms possible. The gangland-style murder of a leading Russian dissident on the streets of Moscow raises the question of whether bullets have replaced the ballot box in Russia, and whether any peaceful opposition voice is safe. We mourn Mr. Nemtsov’s death and send our deepest condolences to his family and friends.” According to Russian officials, Mr. Nemtsov was shot four times in the back on a street near the Kremlin. A leader of Russia’s political opposition, he was a co-founder of Solidarity and a key organizer of a scheduled March 1 protest in Moscow. Mr. Nemtsov served as First Deputy Prime Minister of Russia under President Boris Yeltsin. He spoke at a Helsinki Commission event in Washington in November 2010 at the world premiere of the film “Justice for Sergei.”

  • Chairman Smith and Serbian Foreign Minister Support OSCE Role in Promoting Peace in Ukraine

    WASHINGTON–On February 25, Rep. Chris Smith (NJ-04), Chairman of the Helsinki Commission, held a hearing at which Ivica Dacic, the Foreign Minister of Serbia and Chairman-in-Office of the Organization for Security and Cooperation in Europe (OSCE), testified as to his plans for Serbia’s 2015 leadership of the OSCE. The chief issue facing the organization is Russia’s invasion of Ukraine and the humanitarian needs of the people of eastern Ukraine, including the OSCE’s role in monitoring the Minsk cease-fire agreement. Both Russia and Ukraine are among the 57 member states of the OSCE, the world’s largest regional security organization. Opening the hearing, Chairman Smith said that Foreign Minister Dacic’s leadership of the OSCE “comes at a moment of tragedy, of tremendous human suffering.” Smith emphasized that “one OSCE member – the Russian government – is tearing the heart out of a neighboring member, Ukraine.” “Understanding that the OSCE is a consensus organization – meaning that the Russian government has an effective veto over many significant actions – we believe that the OSCE is still able and responsible to speak the truth about the conflict, to find ways to limit it, and to help the people of Ukraine,” he said. Foreign Minister Dacic emphasized that “the Serbian Chairmanship will make every effort to help restore peace in Ukraine.” In its role as Chairman of the OSCE, Dacic said, “Serbia brings to the table good relations with all the key stakeholders, and we are making every effort to serve as an honest broker and use our leadership role to utilize the OSCE toolbox impartially and transparently.” Foreign Minister Dacic also discussed the fight against human trafficking and anti-Semitism with Chairman Smith.  Other members of the Helsinki Commission participating in the hearing included Senator Ben Cardin, and Congressmen Joe Pitts, Alcee Hastings, and Steve Cohen.

  • Chairman Smith Urges OSCE Leaders: Respond to Humanitarian Needs in Eastern Ukraine

    WASHINGTON—A renewed effort is underway in the Organization for Cooperation for Security and Cooperation in Europe (OSCE) to urge it to respond to humanitarian needs in eastern Ukraine, and to follow through on OSCE commitments to fight human trafficking and anti-Semitism. Rep. Chris Smith (NJ-04) led the U.S. Delegation to the annual Winter Meeting of the OSCE Parliamentary Assembly (OSCE PA) last week in Vienna, where he spearheaded this push. Smith expressed particular concern about the potential for human trafficking of vulnerable groups stemming from the current conflict in Ukraine. In a question to Ivica Dačić, the OSCE’s Chairman-in-Office for 2015 and the Foreign Minister of Serbia, Smith drew attention to the needs of internally displaced persons and the potential for human trafficking in eastern Ukraine. He noted that, among the nearly one million internally displaced persons, woman and children are particularly vulnerable to trafficking, and raised concerns that criminal gangs are taking advantage of the conflict:   “Is the OSCE equipping the special monitoring mission and other OSCE entities working in the Ukraine conflict zone, or with IDPs, to recognize and protect human trafficking victims, and is the OSCE taking trafficking prevention measures for this particular vulnerable population?” At a private meeting during the event, Chairman Smith met with Chairman-in-Office Dačić  to discuss the humanitarian, human rights, and security concerns arising from the Russian-backed conflict in eastern Ukraine. Smith encouraged Serbia to vigorously uphold the commitments made at the at the 10th  anniversary of the OSCE's Berlin Conference on anti-Semitism, and to review and reform the OSCE’s contracting regulations to ensure that OSCE activities do not contribute to trafficking in persons. He also urged Chairman-in-Office Dačić to promote an appropriate commemoration by the OSCE of the 20th anniversary of the Srebrenica genocide. Chairman Smith also met the Director of the OSCE’s Office of Democratic Institutions and Human Rights, Michael Georg Link. In addition to human trafficking and anti-Semitism, the two discussed OSCE election observation missions, as well as the organization’s current efforts to protect freedom of religion. In a meeting with Ambassador Madina Jarbussynova, the OSCE Special Representative and Coordinator for Combating Trafficking in Human Beings, Chairman Smith spoke about the most effective ways to fight human trafficking and assist with the rehabilitation of trafficking victims – including by working with faith-based organizations, as well as by encouraging participating States to adopt legislation preventing child sex tourism, such as Chairman Smith’s legislation currently pending in the U.S. Senate. Chairman Smith has pioneered OSCE engagement in fighting human trafficking and anti-Semitism. Since 2004, he has served as the OSCE PA’s Special Representative on Human Trafficking Issues – click here to read his most recent report. Starting in 2002, Smith led the movement to put anti-Semitism on the agenda of the OSCE, and he continues to work closely with Rabbi Andy Baker, the OSCE’s Representative on Combating Anti-Semitism, to ensure a more vigorous implementation of OSCE commitments in the area. In 2005 Smith authored H. Res. 199, a landmark congressional resolution recognizing the atrocity at Srebrenica in which an estimated 8,000 civilian men and boys were murdered by Serb forces as a genocide.

  • Serbian Minister of Foreign Affairs to Testify at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “Serbia’s Leadership of the OSCE” Wednesday, February 25, 2015 2:30PM Rayburn House Office Building Room 2200 Serbia’s 2015 Chairmanship-in-Office of the 57-nation Organization for Security and Cooperation in Europe (OSCE) comes at a pivotal point in European security. The OSCE, a regional security organization based known for its work in promoting democracy, human rights, and the rule of law, operates on the front lines of Russia-Ukraine conflict and seeks to counter backsliding on human rights in other countries of the OSCE region.   Serbia’s First Deputy Prime Minister and Minister of Foreign Affairs, H.E. Ivica Dačić, will testify before the Helsinki Commission in his capacity as Chairman-in-Office of the OSCE. He takes the helm to conclude the implementation of a joint leadership plan developed with Switzerland, which chaired the OSCE in 2014. Minister Dačić is expected to discuss the Serbian Chairmanship-in-Office’s priorities, including resolution of the conflict in and around Ukraine; reconciliation and cooperation in the Western Balkans; reforming security sector governance; combating transnational threats, including foreign terrorist fighters, terrorism, and cyber-security; safeguarding journalists; fostering freedom of expression, assembly, and association; combating organized crime and its linkages to human trafficking; combating corruption; and improving water governance. He will also provide insights regarding the ongoing work of the OSCE.

  • Helsinki Commission Urges End to Ongoing Bloodshed In Ukraine

    WASHINGTON—Following the recent offensive by Russian-led militants, which has resulted in the deaths of more than 250 civilians in recent weeks, Helsinki Commission Chairman Chris Smith (NJ-04) and Co-Chairman Roger Wicker (MS) issued the following statement:   “Hundreds of civilians have tragically lost their lives in these indiscriminate attacks. They are the latest victims of an offensive supported by the Russian government, which has provided troops, heavy weapons, funding, and supplies to separatists in the region. The death toll in this conflict is now over 5,500. Our hearts go out to the mothers, fathers, children, siblings, and friends who have lost someone they love. “The violence promoted by the Russian government and its proxies has created a humanitarian catastrophe, forcing more than one million people to flee the occupied regions.  Unfortunately, many others are still trapped in the conflict zone, where they endure tremendous hardships.  The civilian population lives under relentless attack from militants. “Our government should lead the world in supporting Ukraine. The Administration should vigorously implement the Ukraine Freedom Support Act, including the provision of military arms to assist Ukrainians in protecting their sovereignty as needed and the delivery of necessary humanitarian and economic aid.  “Over the past year, Ukrainians have demonstrated a strong commitment to comprehensive reform. The United States should support these efforts to address acute security, economic, and humanitarian needs.  A stable, independent, and democratic Ukraine is essential to a free and peaceful Europe. “The Russian government has consistently flouted the September Minsk agreements, as well as the Budapest Memorandum and all 10 core OSCE principles enshrined in the Helsinki Final Act. We welcome news that an agreement has been reached on a ceasefire and heavy weapons withdrawal in eastern Ukraine.  However, until such a time as the provisions of the new Minsk agreement are fully implemented, the United States needs to maintain sanctions on Russia and encourage the European Union to do the same.”

  • Rep. Chris Smith, Sen. Roger Wicker to Lead Helsinki Commission

    WASHINGTON—Rep. Chris Smith (NJ-04) has been appointed by Speaker of the House John Boehner as chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, during the 114th Congress. Senator Roger Wicker (MS) has been appointed by Senate Majority Leader Mitch McConnell to co-chair the Commission. “Today, the principles enshrined in the Helsinki Final Act are under attack. The Russian government is blatantly violating the territorial integrity of Ukraine,” said Chairman Smith. “More than 20 million people are trafficked each year for sexual or other forms of exploitation. Journalists in the OSCE region are being imprisoned, tortured, and even murdered for exposing corruption or publishing controversial pieces. In Europe, violent anti-Semitism is again rearing its ugly head, and in some OSCE countries religious people face restrictions and even persecution merely for practicing their faith.” “The United States must advocate much more vigorously for those who are victims and are voiceless. As the chair of the bipartisan, bicameral Helsinki Commission, I look forward to working with my fellow Commissioners to promote human rights and fundamental freedoms and to safeguard the principles shared by the 57 participating States of the OSCE,” said Chairman Smith, who has been an active member of the Helsinki Commission since 1983. “I am pleased to join Chairman Smith and the other members of the Helsinki Commission in defending democratic values and the rule of law,” said Co-Chairman Wicker. “Peace and security are under threat in the wake of escalating Russian aggression – impacting our economic and strategic interests in the region. This situation calls for a unified response from the United States and our OSCE partner countries. We should work together to ensure a safe, free, and prosperous Europe for this generation and those that follow.” Chairman Smith has previously chaired the Commission and serves as a member of the OSCE Parliamentary Assembly (PA), which facilitates inter-parliamentary dialogue among the 57 participating States; he is also the OSCE PA’s Special Representative on Human Trafficking Issues. Senator Wicker also serves as a member of the OSCE PA, where he chairs the Committee on Political Affairs and Security.

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